Hansard: NA: Unrevised hansard
House: National Assembly
Date of Meeting: 05 Nov 2013
No summary available.
TUESDAY, 5 NOVEMBER 2013
PROCEEDINGS OF THE NATIONAL ASSEMBLY
The House met at 14:06.
The Speaker took the Chair and requested members to observe a moment of silence for prayer or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.
NOTICES OF MOTION
Ms M C DUBE: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House debates assessing the strategies used to retain and recruit health professionals in the country to prevent them from going abroad.
Mr D C SMILES: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:
That the House debates the methods used by the Western Cape Education Department which resulted in Western Cape schools being ranked the best in the country by the Department of Basic Education, and their replication throughout the country.
Mrs D F BOSHIGO: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House debates measures to improve the relationship between councillors and traditional leaders in the interest of service delivery and development.
Mrs D A SCHÄFER: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:
That the House debates the abuse of state resources for political purposes.
Mr W M THRING: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ACDP:
That the House debates the high level of unskilled youth unemployment which came in at 31,4% in the third quarter of 2013.
Mr G G HILL-LEWIS: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:
That the House debates the negative impact of the crisis of overindebtedness and unsecured credit on poor South Africans, including how the current maximum interest rate formulae discriminate against the poor.
Ms D O CHILI: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House debates increasing the number of mobile police stations in vulnerable areas like informal settlements to combat crime.
Mrs S P KOPANE: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:
That the House debates the serious health risks posed by unregulated complementary medicine.
Ms A C MASHISHI Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House debates ways to make the work of specialist doctors attractive to avoid their going abroad.
PASSING AWAY OF DR LEEPILE TAUNYANE
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move without notice:
That the House —
(1) notes with sadness the passing away of Premier Soccer League Life President, Dr Leepile Taunyane, at the age of 86;
(2) further notes that Dr Taunyane began his career in Alexandra as a football administrator in the 1960s and mentored the likes of Irvin Khoza in the 1970s;
(3) acknowledges that he was also a school teacher and a principal, who played a huge role in the development of our soccer;
(4) recognises that Dr Taunyane was a President of the Transvaal United African Teachers’ Association, TUATA, and also of the National Professional Teachers’ Organisations of South Africa, and was elected as the Chairman of the National Soccer League and of the Premier League;
(5) further recognises that he was a versatile and skilful person, who managed to administer soccer while running the Alex Liaison Committee and being a full-time teacher, as well as being heavily involved in a whole series of teachers’ organisations; and
(6) conveys its heartfelt condolences to his family, friends, the PSL and the education fraternity.
VOTER REGISTRATION WEEKEND NOVEMBER 2013
Mrs S V KALYAN: Hon Speaker, I move without notice on behalf of the DA:
That the House -
(1) notes that this coming weekend, 9 and 10 November 2013, the people of South Africa will be given an opportunity to register to vote in the upcoming 2014 national and provincial elections;
(2) further notes that there are 9,4 million eligible voters in the country who are not registered to vote;
(3) acknowledges that South Africans will be able to register at a voting station in their voting district from 8 am to 5 pm on both Saturday and Sunday;
(4) encourages all South Africans to ensure that they are registered correctly, especially those who have moved since the last elections;
(5) thanks the Independent Electoral Commission for their hard work and dedication to ensure that our people get registered and are able to vote freely and fairly; and
(6) calls on each and every South African who will be 18 years old from April next year to register to vote this coming weekend.
LAUNCH OF DISABILITY RIGHTS AWARENESS MONTH
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move without notice:
That the House —
(1) notes that the official national launch of Disability Rights Awareness Month with interfaith organisations took place on 3 November 2103 in the Northern Cape;
(2) further notes that the theme proclaimed for this year is, “The Church, Disability and Human Dignity”;
(3) recognises that persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments that may hinder their full and effective participation in society on an equal basis with others;
(4) acknowledges that Disability Rights Awareness Month offers an opportunity for every single person and institution to remove barriers and to improve the quality of life for people with disabilities through concrete action; and
(5) calls on all to raise awareness of this month, the positive initiatives and information about the disability sector.
SOUTH AFRICAN PREMIERE OF MANDELA: LONG WALK TO FREEDOM
Mrs S V KALYAN: Hon Speaker, I move without notice on behalf of the DA:
That the House —
(1) notes that the much-anticipated film, Mandela: Long Walk to Freedom, had its South African premiere in Rosebank, Johannesburg, on Sunday, 3 November 2013;
(2) further notes that the film spans Madiba’s remarkable life, from a difficult childhood to his inauguration as the country’s first democratically elected President;
(3) also notes that the film illustrates the important role that Madiba played in insisting that South Africans find a peaceful solution to the problems that faced the country during apartheid and the transition thereafter;
(4) congratulates and thanks the team that worked on this movie for producing a film that will ensure that Mandela’s life story is well preserved for generations to come; and
(5) looks forward to the film’s release in South Africa on 28 November 2013.
PASSING AWAY OF ANDRIES MASEKO
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move without notice:
That the House —
(1) notes with sadness the passing of former South African U-14 national team coach, Andries “Six Mabone” Maseko, who died at the age of 58 in Chris Hani Baragwanath Academic Hospital;
(2) further notes that Maseko appeared in the colours of the Dube Birds and Moroka Swallows for 11 years, 1972–1983, and also played abroad for the Washington Diplomats, San Jose Earthquakes and Phoenix Inferno in the United States of America;
(3) remembers that Maseko inspired many when he scored a record eight goals in a single match, helping Swallows to a 13-0 victory against Umlazi Citizens in 1976 during the then National Professional Soccer League at KwaThema, Springs; and
(4) conveys its deepest condolences to his family, friends, and all football fans.
SOUTH AFRICAN ATHLETES TOP FINISHERS IN NEW YORK CITY MARATHON
Mrs S V KALYAN: Hon Speaker, I move without notice on behalf of the DA:
That the House —
(1) notes that South African athletes Lusapho April and Ernst van Dyk produced brilliant performances in the prestigious New York City Marathon on Sunday;
(2) further notes that Lusapho April completed the 42 km race in an impressive two hours, nine minutes and forty-five seconds to finish third overall;
(3) acknowledges that veteran wheelchair-racer Ernst van Dyk finished second in a tight sprint finish in one hour, forty minutes and fourteen seconds; and
(4) congratulates both these athletes for flying the South African flag high in New York City.
EXTENSION OF DEADLINE BY WHICH AD HOC COMMITTEE ON THE FILLING OF VACANCIES IN THE COMMISSION FOR GENDER EQUALITY MUST REPORT
The CHIEF WHIP OF THE MAJORITY PARTY: Speaker, I move the draft resolution printed in my name on the Order Paper as follows:
That the House extends the deadline by which the Ad Hoc Committee on the Filling of Vacancies in the Commission for Gender Equality has to report, from 7 November 2013 to
12 November 2013.
LONMIN GIVES LAND TO NORTH WEST DEPARTMENT OF HUMAN SETTLEMENTS
Ms J E SOSIBO (ANC): Speaker, the ANC welcomes the handover of 50 ha of land by Lonmin to the North West’S department of human settlements, public safety and liaison on Monday 28 October 2013. The land consists of serviced sites to be used for a human settlement development in the Marikana area. This will support the government’s human settlement initiatives, and assist the North West province to address the need for shelter and related services in the greater Marikana area.
The ANC has always believed that government must have a contract with business, communities and civil society to address the serious challenges caused by decades of underdevelopment and socially engineered spatial planning. The agreement will pave the way for the development of a new integrated human settlement comprising a mixture of high and low-density residential housing and rental stock, together with all associated municipal services and amenities.
The ANC believes that the people of Marikana deserve the right to live in dignity and therefore applauds this initiative by all three spheres of government. [Applause.]
FINANCES OF MAKANA MUNICIPALITY IN A PERILOUS STATE
Mr K J MILEHAM (DA): Speaker, last week I raised the issue of the perilous state of municipal finances in the Makana Municipality. In my closing remarks I mentioned that the municipal manager, Dr Pravine Naidoo, had not yet signed his employment contract or his performance agreement and he was holding out for a higher salary, despite having only started work in April this year.
Over the weekend it emerged that Dr Naidoo had been awarded R3 million in settlement of a court case against the municipality by the municipality, a court case which he lost. In addition, the strategic adviser to the mayor authorised the settlement of Dr Naidoo’s legal fees in complete contravention of the Labour Court findings, which awarded costs to the municipality.
It should be noted that the strategic adviser, who is also the regional head of the ANC, has no delegated authority to give such authorisations. Council has taken no resolution on this matter and the speaker and the mayor acted with complete disregard for the Local Government: Municipal Finance Management Act, supply chain regulations and court rulings.
Given the crisis situation with Makana’s finances, we have to ask: When will the Minister take action against this rogue ANC administration? Thank you. [Applause.]
RESPECT FOR OFFICE OF PUBLIC PROTECTOR
Mrs J D KILIAN (Cope): Speaker, Chapter 9 institutions are an integral part of our constitutional democracy and must be treated with appropriate respect. However, it is also incumbent on them to fulfil their roles with the integrity and circumspection befitting their offices. It is therefore regrettable that the Public Protector’s investigation into the Nkandla upgrade has been allowed to become like a national soap opera.
After some queries expressed by the Public Protector about where the report should be tabled and impenitent rebutals from Luthuli House yesterday, the core findings of a purportedly still confidential report are front page news in the Cape Times today. The value and the integrity of an important report have unfortunately being compromised through inappropriate side shows and politicking.
This calls for sober reflection on the key role of the Public Protector, in order to ensure that investigations are conducted and their findings communicated, not only without fear or favour, but also without sensational gamesmanship.
The Public Works Minister has already informed Parliament that procurement irregularities in the Nkandla upgrade were identified and it seems that the Minister has more to tell Parliament. The President is on record in this House as saying that he had no knowledge of the public money spent on the upgrade of this personal property, and he shall be held to his word.
We cannot allow important constitutional entities to become victims of politics when election fever strikes. The role of this Parliament and that of the Public Protector to hold the executive accountable should remain the common denominator when we go into elections. The rational way forward is for all involved to lay their cards on the table, to stop the politics and to tell South Africans exactly where things went wrong. [Applause.]
TWO EASTERN CAPE LEARNERS WIN SCIENCE FAIR PROJECT COMPETITION
Ms B N DAMBUZA (ANC): The ANC applauds the initiative of the Department of Energy in conducting the Learner Focus Week in Energy programme for coastal provinces from 22 to 30 June 2013.
Two Eastern Cape learners from Matatiele in the Maluti District won the Science Fair Project competition. They won bursaries from NRF, the National Research Foundation, worth R150 000 per learner per year from the first year in tertiary education to PhD level. The same organisation will purchase school uniforms and books, and pay for tuition for both learners, as they are currently doing their Grades 10 and 11.
Prof Malik Maaza, the, Unesco-Unisa Africa Chair in Nanosciences and Nanotechnology, occupies the Africa-International Desk at Ithemba Labs in Cape Town and Prof Mamokgethi Setati, the adviser to President Zuma’s Office and an executive member of Unesco, plan to visit the school, as well as the district, in order to introduce these learners as members of Unesco.
Unesco’s purpose is to contribute to peace and security by promoting international collaboration through education, science, and culture in order to further universal respect for justice, the rule of law, and human rights, along with fundamental freedom, which are proclaimed in the United Nations’ Charter.
They further plan to announce their plan of taking these learners to Paris, France so that they can learn more on the project topic with the intention of ploughing back into the entire country. The ANC supports the programme. Thank you. [Applause.]
REQUEST FOR INVESTIGATION INTO KHUTSONG MURDERS
Mnu K P SITHOLE (IFP): Mhlonishwa Somlomo, Inkatha ikhathazeke kakhulu ngokubulawa kwabantu abayisithupha eKhutsong. Okusikhathaza kakhulu ukuthi le nto iphatha ubugebengu, kodwa-ke siyawagxeka namaphoyisa ngoba awazange athathe izinyathelo. Lezi zigebengu bezaziwa eKhutsong, baningi abantu okukade basho ukuthi kunobugebengu.
Sizocela ukuthi kube nophenyo olujulile oluzokwazi ukubheka isimo sonke saseKhutsong nanokuthi umsuka wokubulawa kwalabantu usukaphi nanokuthi ubangwa yini. Siphinde sicele ukuthi ezokulungiswa zithathe indawo yawo masishane. Isicelo esikhulu esisibhekise kuNgqongqoshe wezamaPhoyisa ukuthi akube nethimba eliyobheka leya ndawo ngoba ngithe uma ngikuyo ngathola ukuthi ukuthula ngeke kube khona masishane. Ngiyabonga. (Translation of isiZulu member’s statement follows.)
[Mr K P SITHOLE (IFP): Hon Speaker, the IFP is very concerned about the murder of six people in Khutsong. What worries us most is that this is a result of crime in the area and the police are to blame since they did take any action. The criminals were well known in Khutsong, and it has always been common knowledge that crime is rife in that area.
We request that a serious investigation of the Khutsong murders be undertaken to find out their root cause. We also request the justice system to speed up the process. Our most important request is to the Minister of Police to send out an investigating team to the area. When I visited it, I realised that it would still be a long time before peace was restored in the area. Thank you.]
APPROVAL OF EMPLOYMENT EQUITY AMENDMENT BILL BY ANC AND DA
Dr P J GROENEWALD (VF Plus): Agb Speaker, die aanvaarding van die Wysigingswetsontwerp op Billike Indiensneming deur die ANC en die DA doen Suid-Afrika ’n onreg aan. Dit is duidelik dat veral hierdie twee politieke partye populistiese uitsprake maak en wetgewing ondersteun wat nadelig is vir Suid-Afrika.
Die VF Plus het teen hierdie wysigingswetsontwerp gestem en gewaarsku dat dit slegte nuus is vir die Nasionale Ontwikkelingsplan en die fiskus en die ekonomie sal skaad. Ons het duidelik gesê dit is rasgedrewe en onaanvaarbaar. Meriete moet die kriterium wees wanneer poste gevul word, om die beste vaardighede aan te wend om die ekonomie te bou.
Die DA probeer die ANC oorbie om swart kiesers te lok, maar in die proses verloon hy homself en veral sy tradisionele steunbasis. Selfs ’n voormalige leier van die DA, Tony Leon, sê as volg:
Employment Equity Act Amendment Bill recently approved by National Assembly is illiberal, racially coercive and anti-economic growth.
Professor Hermann Giliomee meen die DA het sy integriteit as liberale en nie-rassige party prysgegee en sê:
Dit verbreek die kontrak met die minderhede wat voorheen vir die party gestem het in die veronderstelling dat die DA ook hul belange sal beskerm.
Wat sê Dr Anthea Jeffery van die Suid-Afrikaanse Instituut vir Rasseverhoudinge? Sy sê en ek haal aan:
There is no need to take a big stick to business in the way the Bill envisages. At the same time, racial quotas are unacceptable in a constitutional democracy founded on nonracialism. In addition, the changes introduced by the Bill will be highly damaging to investment, growth and jobs and, hence, the vast majority of black South Africans.
Die VF Plus doen ’n beroep op die ANC en die DA om nie onverantwoordelike, populistiese wette te aanvaar ter wille van goedkoop stemwerwing wat die land gaan skaad nie. (Translation of Afrikaans member’s statement follows.)
[Dr P J GROENEWALD (FF Plus): Hon Speaker, the adoption of the Employment Equity Amendment Bill by the ANC and the DA is doing South Africa an injustice. It is clear that these two political parties in particular are making populist statements and supporting laws that are detrimental to South Africa.
The FF Plus voted against this Amendment Bill and warned that it was bad news for the National Development Plan and the fiscus, and would harm the economy. We clearly said that it was race-driven and unacceptable. Merit should be the criterion when posts are filled, to utilise the best skills to build the economy.
The DA is trying to outbid the ANC to lure black voters, but in the process it is disowning itself and especially its traditional support base. Even a former leader of the DA, Tony Leon, said the following:
Employment Equity Act Amendment Bill recently approved by National Assembly, is illiberal, racially coercive and anti-economic growth.
Prof Hermann Giliomee thinks the DA has relinquished its integrity as a liberal and nonracial party and said: It violates the contract with minorities who previously voted for the party under the impression that the DA would also protect their interests.
What does Dr Anthea Jeffrey of the South African Institute for Race Relations say? She says, and I quote:
There is no need to take a big stick to business in the way the Bill envisages. At the same time, racial quotas are unacceptable in a constitutional democracy founded on non racialism. In addition, the changes introduced by the Bill will be highly damaging to investment, growth and jobs and, hence, the vast majority of black South Africans.
The FF Plus calls on the ANC and the DA not to adopt unjustifiable, populist laws for the sake of cheap canvassing of votes that could harm the country.]
ROLE OF BRICS CO-OPERATIVES
Mr X MABASA (ANC): Hon Speaker, Brics co-operatives, an historic co-operatives meeting, took place in South Africa on 26 and 27 October this year. The countries - Brazil, Russia, India, China and South Africa - shared their experiences of successes and challenges in their different countries with regard to the role of co-operatives in both social and economic development.
Lessons for Brics and South Africa, in particular, are that South African co-operatives lag behind the other four. Therefore we agreed that co-operatives in the four Brics countries should assist in the development of South African co-operatives to the same developmental stage as the others. We also agree that co-operatives should do more business with each other, and co-operatives should procure goods from each other in different Brics countries.
There is a proposal to establish a Brics co-operative office. All departments in South Africa should prioritise co-operatives in their plans. That will go a long way towards reducing the triple challenge, namely poverty, unemployment and inequality.
Brics countries resolved to assist each other in the areas of skills, knowledge and development. Above all, South African co-operatives should strive to organise and develop themselves under the apex, the South African National Apex Co-operatives Ltd, Sanaco. Viva, co-operatives! [Interjections.] [Applause.]
OFFENSIVE CARTOON BY ZAPIRO
Mr R B BHOOLA (MF): Mr Speaker, it is common knowledge that India and South Africa’s relationship is a very long and powerful one. Madiba referred to Mahatma Gandhi as a “Sacred Warrior”. Martin Luther King Jnr said India’s Gandhiji was “the guiding light of our technique of nonviolent social change”, and in 1956 Dr King travelled to India to deepen his understanding of Gandhi’s principles. Gandhiji said that “the greatest integrity of an individual is one’s religion”.
Communities have fought and lost lives for our democracy. They did not fight in order for some white cartoonist to make a joke of it, and benefit from it at the expense of the people. Hinduism has indeed advanced from the dark days of apartheid into the light of democracy and development. Over one billion people across the world celebrate Diwali, or Deepavali, the triumph of good over evil and light over darkness, and they worship Lord Ganesha as one of the greatest deities. Such offensive cartoons are insensitive and smack of racism and religious intolerance.
Zapiro is, in the Indian language, a “dougla”, a loose maverick that can do as he pleases. He undermines the cornerstone of our democracy - people’s integrity. He also tried to make a laughing stock of our President. He is souring relationships between our country and outside countries.
This kind of behaviour must be condemned. Religions are indeed for all communities. When you insult them, it hurts. More especially, one should note the fact that nobody talked about the point Zapiro was trying to make about the cricket. They said that he was insulting the religion. Parliament needs to start looking seriously into the limiting of cartoonists like Zapiro.
The MF condemns this type of reckless, insensitive and abusive figure of speech and calls on Zapiro and the Sunday Times to withdraw it and apologise, as it was a very short-sighted thing for them to allow. [Time expired.] [Applause.]
INCREASE IN UNEMPLOYMENT SINCE 1994
Mr D C ROSS (DA): Speaker, the Goldman Sachs Two Decades of Freedom report released today shows that unemployment in South Africa has increased significantly since 1994. According to the report, narrow unemployment has gone up by 5,6% in the past two decades and now sits at 25,7%, while broad unemployment is up by 5,3% and now sits at 36,8%.
This report confirms that the ANC-led government has failed to tackle unemployment during its tenure.
Last week’s the Quarterly Labour Force Survey, QLFS, revealed that 3,3 million young South Africans are not in employment, education or training programmes and that 6,8 million South Africans are unemployed or have given up looking.
Despite some achievements by government, a two-decade long failure to tackle unemployment still mars the ANC’s track record.
The DA, on the other hand, is committed to actively building a job-creating economy. Where we govern, we continue to implement innovative strategies to encourage economic growth and sustainable job creation. We will do the same in other provinces where we are elected to government in next year’s election. [Interjections.] [Applause.]
ANC WINS THREE WARDS IN NONGOMA BY-ELECTIONS
Umntwana B Z ZULU (ANC): Somlomo, i-ANC incoma ukhetho lokuchibiyela lwamawadi amathathu KwaNongoma oluhambe ngokukhulu ukuthula. Sibone abalandeli bamaqembu ehlukene bekhankasa ngomoya woxolo nokubambisana. Umzabalazo wokuthula we-ANC endaweni yaKwaNongoma ubonakala uthela izithelo.
Amakhansela amathathu ayemele iqembu leNkatha emkhandlwini kamasipala wakaNongoma anquma ukujoyina iqembu le-ANC athi: Yilona qembu lodwa elikwazi ukuletha intuthuko kubantu nasezindaweni zasemakhaya. [Ihlombe.] Njengamanje ugesi uyafakwa endaweni yonke yakwaNongoma; izinkontileka zimba imisele zifaka amanzi emakhaya; futhi imigwaqo engena emphakathini yasemakhaya iyakhiwa.
Lolu khetho lube yingqophamlando lapho abantu bakwaNongoma sibabone bevota ngokukhululeka bengenako ukwesatshiswa. Kuqopheke umlando lapho i-ANC iphumelela ngamalengiso ewadini lesihlanu. Sathola ikhansela lokuqala lewadi emkhandlwini wakwaNongoma. Lokhu kusho ukukhula kwe-ANC ingena nasezindaweni ebekuthiwa zingo-alubhadwa. (Translation of isiZulu member’s statement follows.)
[Prince B Z ZULU (ANC): Speaker, the ANC is pleased that the by-elections for three wards at Nongoma were conducted peacefully. We witnessed supporters of three different parties campaigning peacefully and co-operating with one other. Attempts of the ANC to establish peace at Nongoma are bearing fruit.
Three IFP councillors in the Nongoma Municipality decided to join the ANC. They said, “This is the only party that brings development to rural communities.” [Applause.] Electricity is being installed at Nongoma; contractors are building the infrastructure to supply water to rural communities and access roads to rural communities are being constructed.
This by-election is a historic one, since the residents of Nongoma voted without any intimidation. History was made when the ANC obtained the majority vote in Ward 5. We therefore obtained our first councillor in the Nongoma Municipality. This means that the ANC is growing.]
MURDER, ABUSE AND RAPE AT NTAMBANANA
Mnu R N CEBEKHULU (IFP): Somlomo, okokuqala, ngifisa ukusho ukuthi sihalalisela ukuthula okube khona okhethweni kwaNongoma kodwa kokwenzekile imiphumela ayikagunyazwa ngokupheleleyo ngoba kusekhona okusacutshungulwa yiKhomishana yoKhetho. Ngenhlanhla iqembu leNkatha likwazile ukuphumelela linqobe iwadi eyodwa eMpumalanga.
Ngifisa ukudlulisa ukukhalaza komphakathi nezakhamizi zaseNtambanana ngokukhathazeka mayelana nokonakala kwendawo. Kunokubulawa kwabantu, kumanje sinabantu ababalelwa eshumini nesihlanu asebebulewe. Kunesiteshi samaphoyisa esikhona endaweni yenkosi uMthiyane eMambuka; kunesiteshi samaphoyisa esikhona eNtambanana kodwa akuzwakali lutho olwenziwa ngamaphoyisa, kuhlukunyezwa abesifazane bedlwengulwa kanjalo namantombazanyana. Njengeqembu leNkatha sifisa ukuzwakalisa ubuhlungu ngento eyenzekayo, sibe singakwazi ngisho ukungenelela njengombutho ngoba abantu bayazazi izigilamkhuba futhi zigila imikhuba emini kubuka noma ngubani. Ngiyabonga Somlomo. [Ihlombe.] (Translation of isiZulu member’s statement follows.)
[Mr R N CEBEKHULU (IFP): Firstly, Speaker, I would like to express my gratitude with regard to the peaceful voting that took place in Nongoma, but the results are not yet confirmed, as investigations are still being conducted by the Independent Electoral Commission. Fortunately the IFP managed to win one ward in Mpumalanga.
I would like to relay the concerns of the communities and citizens about the terrible state of their area, Ntambanana. People are being murdered; as we speak approximately 15 people have been murdered. There is a police station in the village of Mambuka, under the leadership of Chief Mthiyane; there is another one in Ntambanana village, but the police are silent, and they are not doing their job; and women and girls are being abused and raped. We as the IFP would like to convey our deeply felt hurt about what is happening, and as a party we cannot even intervene, whereas people know the perpetrators since they do this in broad daylight when everybody is watching. Thank you, Speaker. [Applause.]]
SOUTH AFRICA’S FINANCIAL SITUATION AND IMPLEMENTATION OF NDP
Mr N J J KOORNHOF (Cope): Mr Speaker, since the effects of the financial crisis have rolled onto our shores, South Africa has sustained its first credit rating downgrade. Public debt has doubled and we struggle with the double deficit. Our state wage bill is too high and service delivery protests are the norm.
Despite all this, Goldman Sachs has reported how better off South Africa is after 20 years of democracy. Koos Bekker reminded us that more wealth was created in these 20 years than in the previous 300 years.
The big question now is: What will the next 20 years be like?
Luckily we do have the National Development Plan, NDP. Let’s all embrace this plan and campaign hard. Which party will implement it after the elections next year, because it will be all about implementation?
Irvin Jim’s comments on the National Development Plan, that the National Union of Metalworkers of South Africa will not campaign for the ANC unless the NDP is scrapped, is a direct attack on the ANC. They want the NDP out of the ANC manifesto. His attacks will add to the already bad tensions in the ruling alliance. When Gwede Mantashe referred to this alliance as a “holy trinity”, he surely could not have been including the rather unholy Mr Jim, of whom the National Planning Commission secretariat said in a rare statement: “Mr Jim suffers from an infantile disorder that manifests as an acute aversion to anything rational.” I see no holiness in that trinity. [Applause.]
DEBT BURDEN CRIPPLING PEOPLE IN OUR COUNTRY
Mrs G M BORMAN (ANC): Grace Nene is a 53-year-old woman who has worked hard all her life. She has raised three of her own children and many others in her extended family on meagre wages earned as a domestic worker. She is a single parent and a sole breadwinner.
In February this year her mother died and her culture requires that she should give her mother a dignified funeral. She takes a loan of R8 500, on top of an account for furniture she has been paying off since 2011. She agrees to pay it off in 24 months. The loan doubles with the heavy interest, insurance, and initiation fees, and grows to just under R16 400. The burden is too great and within six months she is forced to approach a business, which promises to take over the debt and reduce her monthly payments, but it doesn’t come cheap and more debt is added to her already unmanageable load.
Grace is not alone in this situation. There are millions more like her, caught up in spiralling debt who are then at the mercy of unscrupulous loan sharks.
I pose this question to the House: What more can we do to control the excesses of the loan sharks and help the Grace Nenes to understand how the world of credit works. [Applause.]
STAFF SHORTAGE AT WINBURG HOSPITAL
Mrs S P KOPANE (DA): Mr Speaker, during my recent oversight visit to Winburg Hospital in Makeleketla, I discovered that the facility is extremely understaffed. The problems I encountered at Winburg Hospital are as follows: a vacancy for a hospital manager since 2011; eight professional medical positions have been frozen; due to the staff shortage, this 72-bed capacity medical facility can utilise only 23 beds; the maternity ward does not have a dedicated midwife; the operating theatre has been closed due to the staff shortage; the hospital’s security is compromised, with only one security guard at a time, sometimes with no security guard at the gate; personnel absenteeism due to long working hours; and some members of the staff have developed stress-related illnesses. Yesterday I was told that during lunchtime, patients were given porridge - not with milk, but with tea!
Unfortunately, despite the medical professionals’ best efforts, Winburg Hospital does not function as it is supposed to. For many years the DA has been calling on the provincial government to prioritise the critical staff shortage. The current MEC for health, Ntate Benny Malakoane, seems to be too busy dealing with corruption charges against him to be able to attend to the problem in his department. It is for this reason that the DA has been calling for his suspension. Thank you. [Applause.]
SUCCESS OF JOZINI TIGER LODGE PROJECT
Mr D M GUMEDE (ANC): Hon Speaker, the Jozini Tiger Lodge, located in Jozini, under the UMkhanyakude District Municipality in KwaZulu-Natal, is one of the success stories of public-private partnership in South Africa. The project was built from January 2008 on and was completed in December 2009, just in time for the 2010 Fifa World Cup.
The project was funded by the National Empowerment Fund. A stake of 31% is owned by the community and the private investors own 69%. The business has created at least 75 direct permanent jobs in this rural community. The project has proved to be very sustainable, recording 17 321 guests in the first year of operation, 24 301 guests in the second year, and 27 658 by the first quarter of 2013. The facility saw a revenue increase of 117% in 2012. In general, facilities of this kind take an average of three years to break even, but this facility reached the break-even point within the first six months of its operation.
The key to its success is that all key stakeholders have been hands-on and had a keen and vested interest in the long-term growth and sustainability ... [Time expired.] [Applause.]
REQUEST FOR INVESTIGATION INTO KHUTSONG MURDERS
The MINISTER OF POLICE: Hon Speaker, on the matter of Khutsong, first and foremost, and unambiguously, I think we all need to say that nobody should be encouraged to take the law into their own hands ,because there is no justification for that. That does not mean that we should not listen to the issues raised by the community.
The point made here that justice should take its course is supported, but at the same time we are not going to tire of engaging our communities. The Justice, Crime Prevention and Security Cluster met yesterday, and we proceeded to Khutsong. We spoke to community members there. We agreed that we needed to have a follow-up meeting and discussions with them, but we emphasised the point that the only successful way of fighting crime and mob justice is when members of the community work with the police. There is no other way. Thank you. [Applause.]
RESPECT FOR OFFICE OF PUBLIC PROTECTOR
INCREASE IN UNEMPLOYMENT SINCE 1994
SOUTH AFRICA’S POSITION ON CREDIT RATING AND THE IMPLEMENTATION OF NATIONAL DEVELOPMENT PLAN
The MINISTER OF HOME AFFAIRS: Hon Speaker, with respect to the statement on Chapter 9 Institutions, we would agree that the Public Protector must play her role as a Chapter 9 Institution with full appreciation of the obligations related to that responsibility. However, we would urge that parties don’t recognise that responsibility only when it suits them, but hold to it all the time, in all cases to be handled by the Public Protector or any other Chapter 9 Institution.
We certainly welcome the reference by the DA to the Goldman Sachs report, and we wish they had appreciated the important advances that have been made by South Africa since the advent of democracy, and with the leadership of the ANC in this country. The report acknowledges the advances made, not just in the economy, but in education, services delivered to the people of South Africa, and building a sustainable democracy in our country.
Finally, we wish to assure the hon member of Cope who spoke on the National Development Plan, that it will be an ANC-led government that implements that plan. We assure you that we will win the elections in 2014, and that we are committed to the National Development Plan. Thank you. [Applause.]
ANC WINS THREE WARDS IN NONGOMA BY-ELECTIONS
FINANCES OF MAKANA MUNICIPALITY IN A PERILOUS STATE
The MINISTER OF CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS: Ngicela ukuvumelana nobaba uZulu uma ethi: sibonge bonke abantu namaqembu abe nesandla ekutheni ukhetho luhambe kahle kwaNongoma. [Let me concur with hon Zulu when he said that we need to thank everybody, as well as the political parties who contributed to the smooth running of the elections in Nongoma.] We really appreciate all efforts made by everybody in these elections. Wherever elections take place in our country, they should be conducted peacefully. We think it is only under those conditions, with real programmes, that people will aspire to winning elections, as happened in kwaNongoma.
Speaker, may I also turn to the story of Makana. Those who think they can profit from acts of corruption politically must forget about it. Those who are corrupt will be sorted out afterwards and got rid of. There is no question about it. So, if you hope to profit from a gamble, you will not win, but you will march. All we are saying is that we will systematically work through the process. The Minister of Justice and Constitutional Development announced a number of these actions and they are therefore going to increase in intensity, and we will get rid of them one way or another. Thank you, Speaker. [Applause.]
LONMIN GIVES LAND TO NORTH WEST DEPARTMENT OF HUMAN SETTLEMENTS
The MINISTER OF HUMAN SETTLEMENTS: Speaker, I thank the hon Sosibo for the statement that she made on the Lonmin issue. The initiative at Lonmin is, of course, a direct response to the presidential request to improve living conditions in the greater Rustenburg area.
For us, this is quite an exciting matter that has been promted by Lonmin. The progress that has been made so far will assist in meeting all the challenges of integration and many other related human settlements matters in that area. We think it is an important step that has been taken by Lonmin, of donating land on the journey of contributing to the wellbeing of many of those needy communities and, in particular, Lonmin’s employees.
This donation of land forms part of our commitment to working very closely with all the stakeholders in the development of integrated human settlement programmes for communities. We are very pleased that Lonmin has taken the lead in making this donation of land. We urge and challenge all other private sector companies to join hands with the government on our journey, as we strive to correct the wrongs of the past. I thank you, Speaker. [Applause.]
ROLE OF BRICS CO-OPERATIVES
The DEPUTY MINISTER OF TRADE AND INDUSTRY (Mrs E Thabethe): Mr Speaker, I would like to respond to the statement made by hon Mabasa on the Brics co-operatives alliance. Yes, indeed, I agree with him that as a country we are lagging behind, based on the historical background.
I am glad to say that as a country we strengthened the Co-operatives Act and that is why we are going to set up an agency, a tribunal and a training academy to make sure that we train our co-operatives.
I would also like to state that, as we speak, we are hosting the International Co-operatives Alliance here in Cape Town, the first of its kind to be hosted in an African country. This shows that the world has confidence our dealing with co-operatives.
I agree with you that we will be able to deal with unemployment, inequality and poverty if we implement the amendments to the Co-operatives Act of 2005, which we debated earlier on. Let us all co-operate and make sure that we act in the spirit of co-operatives, as they have proved to work well in countries like Kenya, our neighbour, and Italy. We have learned a lot from the international conference. Thank you. [Applause.]
TWO EASTERN CAPE LEARNERS WIN SCIENCE FAIR PROJECT COMPETITION
The DEPUTY MINISTER OF SCIENCE AND TECHNOLOGY: Speaker, thank you for the opportunity to reply. I would like to respond to a statement made by hon Dambuza, including her complementary remarks to the two learners from Matatiele for winning the awards at the science fair supported by the National Research Foundation. This is one of the agencies that the department uses as a tool to support both our science system, and also the supply pipe of human capital from the school level all the way through to higher education and the research sphere.
There are a number of similar initiatives that the Department of Science and Technology has embarked upon to encourage young people especially to take a keen interest in pursuing careers in science and those that require maths and science. This is in order to support our science system, as well as to seize the many opportunities that are going to emerge as a result of the major scientific projects that we have embarked upon. An example is as the Square Kilometre Array, SKA, which is going to result in a lot of new opportunities, such as in engineering and ICT. It is estimated, for example, that the data that is going to be generated as a result of the SKA will require the capacity equivalent to hundredfold the total of the Internet as we know it today. You can imagine the kind of job opportunities that are going to arise as a result of that project’s coming to fruition.
Therefore, we are going to need a lot of young people who have studied maths and science to take up the opportunities that are going to arise. I thank you for bringing this to the attention of the South African people. [Applause.]
WORKING TOGETHER AS COMMUNITIES TO ENSURE THE SAFETY AND SECURITY OF WOMEN AND CHILDREN
Ms D E DLAKUDE: Hon Speaker, hon Ministers, hon Deputy Ministers, hon members, and guests in the gallery, it is incumbent upon us today to declare violence against women an act of unlawfulness, and it must not go unpunished. It is an act of sabotage against the ideals of the Freedom Charter, which declares that we are all equal and states that:
The preaching and practice of national, race or colour discrimination and contempt shall be a punishable crime;
The ANC holds these strong views and has clear policies and resolutions for addressing the triple oppression faced by women. The real struggle faced by women in our society and in our communities is with the pursuit of equality.
I would also like to draw the attention of the House to section 12(1)(c) of the Constitution, which reads:
Everyone has the right to freedom and security... which includes the right ... to be free from all forms of violence from either public or private sources;
Hon Speaker, in order for communities to fight violence against women and children we must, firstly, be critical of how we in our homes and communities have treated women - as subordinate to men. Patriarchy manifests itself in the form of wanting to dominate women and to control them, for example, to control whether they work, or whether they can make decisions about how they spend money or what they choose what to wear.
In a conflict-ridden society you find that the most vulnerable people, who experience torture and sexual violence, are women and children. Children are violated because they are typically treated as the belongings of women and once you hurt a woman’s child, you kill the spirit of that woman.
Here on our own home turf you will find patriarchy raising its violent head when women choose to practise a particular sexual orientation. Lesbian, gay, bisexual, and transgender communities did not arise by accident, but by a necessity to respond to objective realities.
Domestic abuse is also influenced by the need to violently suppress women’s choices and to exclude women from participating in society, more specifically in the economy. We as South Africans need to start looking more into how violence is really a manifestation of power and inequalities. When women are seen to be rising up economically, politically and in of their self-esteem they are pulled down again.
We all know people who believe that women should not earn more than men, that women belong in the kitchen, and that independent-thinking women are troublesome. Here lies the problem. Patriarchy invigorates the fear of inequality. It is this economic disempowerment that has been found to imprison women in cycles of abuse by their spouses. And we condemn this violence, insubordination and patronising attitude towards women. The ANC condemns this in the strongest possible terms.
My focus is on women as citizens of South Africa and on women as members of society across the world. South Africa is a signatory to UN documents, and also supports a range of its tools and policies on gender discrimination and abuse against children.
The report on how South Africa implemented the UN Convention to Eliminate All Forms of Discrimination against Women illustrated the fact that South Africa is serious about tackling gender-based violence. The country’s comprehensive legislative policy framework is progressive, and we believe that our laws are representative of a dedicated responsiveness to gender discrimination.
With the passing of the Domestic Violence Act, it now remains the state’s resolve to train the SAPS to ensure the full implementation of the Act. Serious legal judgments like those of State vs Carmichael are fully using that legislation to reclaim the dignity of women. In the 2001 case, the judge stated that the state has a duty to protect women against violence.
Just as importantly, in the State vs Baloyi in 2001, the court stated that freedom from fear was identified by the Universal Declaration of Human Rights as a fundamental right.
Speaker, I would like to emphasise that South Africa’s laws are written by the communities themselves. Through public submissions, hearings, consultations and lobbying of representatives, people are able to shape laws that protect them against violence. In this way the government is able to respond to the needs of the vulnerable in our society.
Other tools for addressing the patriarchal roots of the violence that we are witnessing include using early childhood development programmes to teach boys how to respect girls, especially since this can build up the consciousness of males of their role in gender inequality. Though the state has its own obligations, ...
... nemimango yetfu kufanele nayo ibambisane nahulumende ekulwisaneni naloludlame lolubhekene nabomake kanye nebantfwana. Kufanele kutsi bantfu baye bayewufakaza emacaleni lacondzene nekuhlukunyetwa kwabomake kuze leto tigilamkhuba tivalelwe tingaphindzi tibonakale emimangweni.
Sibonga kakhulu kubambisana nema-NGO lakhona lapha emmangweni lakwatiko kusita hulumende ngekugcugcutela futsi akhutsate labomake labasuke bahlukunyetiwe.
Sikhutsata kutsi bantfu basukume batentele, basebentise temidlalo kutsi bakhe ummango kuze ubuyisane. Bakhe imisebenti yekususa bantfwana emigwacweni lapho kunetidzakamiva khona; ngobe ngito letenta kutsi tingcondvo tebantfu tilahleke kwesikhashana bese babona kutsi kuncono bahlukumete bomake babente tigcili tabo temacansi. (Translation of Siswati paragraphs follows.)
[... even our communities must work together with government in the fight against violence against women and children. People should go and testify in the cases about women’s abuse so that the perpetrators can be sent to jail and never be seen in the communities again.
We are very grateful for the co-operation we have with NGOs which are able to help government in counselling and motivating women who have been abused.
We encourage people to be self-reliant, using sporting activities to build up and reconcile communities. They must establish activities that will keep children off the streets where there are drugs, because drugs make people lose their minds temporarily and only see fit to abuse women and make them their sex slaves.]
I once saw vegetable gardens in Gugulethu and in parts of Khayelitsha. Hunger would be a thing of the past if our people could engage in making vegetable gardens that feed families and produce goods for markets and restaurants.
Co-operatives can also be used as business enterprises and can generate profits that raise families out of poverty. President Jacob Zuma recently signed into law the Co-operatives Amendment Bill, which will improve the way co-operatives function. Communities must take advantage of this.
One can see how increasing the number of economic opportunities and forums for tackling tangible social matters can ultimately help us win the war against the violent manifestation of patriarchy in our communities.
However, this war against gender inequality will be won once both men and women work together towards the emancipation of women.
Ngitsandza kusho-ke, Somlomo, kutsi sicela labobabe lesinabo kuleNdlu nakuyo yonkhe imimango kutsi babambisane natsi sibomake ekulwisaneni naloludlame. Sitawukhona kuluncoba loludlame nasekusukume bona, kube ngabo labasukumako beme la lapho ngime khona bakhulume ngaloludlame, ngobe ngulo lolubulala sive. Bantfwabetfu bayolikhandza likuphi lelive ngobe ngaphandle kwabo asisisive salutfo. Ngiyabonga. [Lihlombe.] (Translation of Siswati paragraph follows.)
[I would like to say then, Chairperson, that we would like to plead with all the men in this House and in every community that they should work together with us as women in the fight against this violence. We would be able to overcome this violence once they have stood up, and be the ones who stand here where I am standing and speak about it, because it is this violence that is killing our nation. Where will our children find this country, because without them we are not a nation? Thank you. [Applause.]]
Mr M WATERS: Mr Speaker, the DA conveys its condolences to the family of the toddlers killed in Diepsloot, as well as the community of Diepsloot at large. The combating of crimes against children is not only a parental responsibility, but includes the community at large, government and us as legislators. Our responsibility is to ensure that we pass laws that will protect our children and that government actually implements these laws.
One mechanism we have passed in this House to protect our children is that of the Child Protection Register. Unfortunately, despite being passed by this House some six years ago, the government has failed dismally in its implementation, so much so that I wrote to the SA Human Rights Commission and requested an investigation into why our government is failing to protect our children.
The commission found that by failing to adequately maintain and populate the Child Protection Register, the Department of Social Development is violating the rights of South Africa’s children in terms of section 28 of the Bill of Rights. I will repeat that. The commission found that the Department of Social Development is violating the rights of South Africa’s children in terms of section 28 of the Bill of Rights. The report also found that two other line departments are currently failing our children, namely the Department of Justice and Constitutional Development and the Department of Women, Children and People with Disabilities.
Among the commission’s investigations and many revelations and indictments, it has found that: the state is not fulfilling its objective to protect children from abuse and neglect; the current Child Protection Register is not a true reflection of the crimes committed against children; failure to adequately implement the register has rendered it ineffective; the collation of submissions, and the receipt and recording of data for the Child Protection Register is inadequate; the training of officials to fulfil obligations related to the register is inadequate; and the Department of Social Development has had plenty of time to engage with the relevant departments and entities to ensure the register’s success, but has simply failed to do so. In other words, the Department of Social Development could not be bothered.
The commission has recommended the following steps: the Department of Social Development must put in place urgent measures to ensure that the Child Protection Register is accurately and fully populated; an updated Child Protection Register must be submitted to the commission within the next four months; an audit of challenges and needs across relevant business units must be undertaken within the next three months and a report must be provided to the commission; the Department of Women, Children and People with Disabilities must increase its frequency of monitoring the implementation of that register; the Department of Justice and Constitutional Department is required to develop a comprehensive programme for the training and sustained awareness of all relevant court officials, and that includes judges, magistrates and clerks of the court; and the Department of Justice and Constitutional Development must consider a review of the Child Protection Register.
I am also writing to the chairpersons of the respective portfolio committees to request that each committee discusses the commission’s report in full. It is essential that this report result in decisive action to ensure that the rights of our children are protected. If the protection of children is a priority of this government, it is inexcusable that the very register created to protect our children from harm is at best dysfunctional and at worst nonexistent.
Mr Speaker, earlier this year I submitted a private member’s Bill, which aimed to include the crime of attempted rape as grounds to find someone unsuitable to work with children, and it would have corrected a serious omission in the current legislation regarding the Child Protection Register. This small, yet vital, amendment would have ensured that these monsters found guilty of attempted rape would have been prevented from working with children. I still cannot understand why the ANC members in the Portfolio Committee on Social Development voted against this important amendment.
Mr Speaker, while the commission’s report is a victory for our children, it will amount to nought if the government continues to fail to ensure that the recommendations are put into action. We as Members of Parliament cannot allow any government department to continue to violate the rights of children and undermine our Bill of Rights, nor can we as legislators continue to take orders from Luthuli House and vote against crucial safety-ensuring legislation simply because the opposition introduced them. South Africa’s children deserve more maturity from legislators and deserve our dedication. I thank you very much. [Applause.]
Ms C K K MOSIMANE: Hon Speaker and hon members, South Africans lack hope and optimism. This is what the Minister of Finance, Mr Pravin Gordhan, said on Monday. He was speaking at the release of the Goldman Sachs report at the Nelson Mandela Foundation meeting in Houghton. One person asked the question: How can we not feel hopeless if we know we are all living on borrowed time before being raped and disembowelled?
This was the case in the gruesome death of the young woman in Bredasdorp, Anene Booysen. Her rapist and murderer has been sentenced to two life terms. This must have sent chills down the spineless gang members who took part in gang-raping and murdering Anene Booysen. The swiftness and turnaround time in dealing with this case deserve accolades.
We are also hoping that this will prevent first-time rapists and murderers from committing these gruesome crimes. If more first-time and serial rapists can be put behind bars, comments like, “We have rape as a national sport! What would you like us to be so bloody hopeful about?” will change and South Africans will be cheerful.
This will only happen when the Criminal (Law Forensic) Procedures Amendment Bill, commonly referred to as the DNA Bill, is passed and assented to by President Zuma. There are 1 500 serial rapists hanging about in our neighbourhoods around the country. When they are arrested, they manage to escape and evade law enforcement agents. When they are behind bars, the conviction rate is 4,9% of all reported cases. The DNA Bill will enable the testing of rape convicts already in the system. This will also close a number of cold cases, which will hopefully lead to the linking of cases to multiple rapists who are already in jail.
I would also like to assume that judging by the use of DNA in the investigation of cases by forensic detectives, the rate of arrests will also increase. The use of DNA is indeed giving women and children in South Africa high hopes. It is bringing back the optimism destroyed by a lack of intervention and policy.
This is what South African men have been doing in the two decades of our hard-earned freedom: Women have been overpowered and raped in the comfort of their beds. Others are raped in front of their children and partners. Women are not safe and cannot walk in the streets alone, lest they are accosted by these sick people.
Children are also unsafe at home and in schools. If it is not gang violence in the streets of Manenberg, Khayelitsha and Nyanga that puts women and children’s lives in danger, school-going children are sexually molested by teachers on school premises. In one of Gauteng’s impoverished areas, Diepsloot, two little Mali girls were found raped and murdered in the toilet in the early hours of the morning. Children are forced to grow up quickly and do not to enjoy their childhood. They cannot play in the parks because sex predators are hanging around. Children are also victims of rape by their landlords. A 57-year-old man was saved by the police from the mob after raping an eight-year-old girl living in a shack on the man’s property in Katlehong.
Fathers are raping their infants and little girls instead of loving, nurturing and protecting them. We need more mothers like the one at Tshifulanani village in Thohoyandou, who took her two children, who had been raped by their father to hospital instead of protecting him. Her actions are to be lauded because he is still behind bars.
Cope is aware that communities are more effective in catching the criminals. We would therefore like to encourage our communities to play a major role in assisting the police to track down sexual predators and hand them over to the police. They must not take the law into their own hands.
It is better for rapists and murderers to rot in jail for the rest of their lives than to die instantly. They must own up to their deeds alive and kicking. They are unable to cope in prison. This is why Ananius Mathe, sentenced to 54 years in prison in 2009 for rape, attempted murder and other crimes, tried many times to escape. We have prisons like Ebongweni C-Max in Kokstad, where Mathe’s last attempt to escape was prevented. All rapists and murderers of women and children must be sent to Ebongweni C-Max. I thank you.
Ms L L VAN DER MERWE: Hon Speaker and hon Deputy President, last week the Times Live ran a story entitled: “The day Anene Booysen did not turn 18”. In part, it read and I quote:
... Corlia Olivier found herself slumped against a tombstone in Bredasdorp on the day her daughter Anene Booysen would have turned 18. It should have been a joyous day... the family would have laughed, celebrated together. Instead, Olivier spent several hours in the Swellendam Circuit Court with Johannes Kana, the man who raped and mutilated her child so badly that even the doctors who had treated her were traumatised.
We are faced in this House today with an issue that cuts to our hearts, but in this debate, one of the most pressing debates of our times, emotive statements must give way to decisive action.
As legislators, we bear the responsibility to shape a society in which our children are safe. Clearly, we have failed. The death of Bongani Nkabinde at the hands of his schoolmates, the murder of the Diepsloot cousins, the stabbing of Michaela du Plessis - these are lives and their lives, and deaths matter. However, they are the few amongst the many.
The fact that three children die in unnatural circumstances every day in South Africa, which is higher than the international average, is a national crisis. Yet, our government often responds with emotive statements, where the correct response would be facing this crisis head-on and ruthlessly fighting all forms of crime, including the murder and rape of our children.
The IFP has called for a debate on child prostitution. We have also raised awareness of the plight of NGOs like Childline, who will lose funding because of government’s new black economic empowerment codes. Knowing the statistics and sharing the pain of our people, the IFP is committed to eliminating the pervasive violence and the abuse committed against our most vulnerable citizens.
In South Africa the violence-related death rate is nearly twice the global average. This is an indictment on our country. Without a clear national plan of action, we are ill-equipped to stop this evil.
Violence against children flourishes in an environment in which their dignity is disregarded and their status diminished. Child abuse flourishes when it is hidden. It is our duty to raise awareness of child rights and to break the silence in our communities which tacitly consent to child abuse in our homes and streets.
We call on all South Africans today, who suspect or know of an abusive situation, to speak out. Our children need our protection. South Africa has reached a moral crossroads and, unless something is done urgently, we are headed for moral bankruptcy. There are many things we can and must do to turn this national crisis around.
In order for our communities to ensure the safety and security of women and children, we must provide parents with better support structures. We must train far more social workers and we can bring back the teaching of ubuntu in schools. We must bring discipline back into our schools, among both educators and learners, and we must promote family values. We must also encourage greater community involvement in the fight against crime.
We must ensure the full implementation of the Child Protection Register and we must allocate resources to the National Council Against Gender-Based Violence, which is yet to have any impact. Through prudent economic policy we can break the cycle of poverty that is often fertile soil for hopelessness and crime.
Our children deserve to be raised in homes and communities that respect their dignity and their rights, where violence is not tolerated and where there is always someone to step in on their behalf. We in this House must be that someone. I thank you. [Applause.]
Dr P J GROENEWALD: Speaker, as ons kyk na die onderwerp vir vandag, sien ons dit gaan oor die saamwerk van gemeenskappe om die veiligheid van vrouens en kinders te verseker.
Ek wil begin deur te sê dat dit so is dat gemeenskappe moet saamwerk. Gemeenskappe moet meer betrokke raak by mekaar. Hoe gereeld gebeur dit tog nie dat ons sien kinders en vrouens word mishandel, maar dan sê ons dat ons liewers nie betrokke wil raak nie. Dit het niks met ons te doen nie! Dit is ’n verkeerde benadering ten opsigte van die veiligheid van vrouens en kinders.
As ’n mens ook gaan kyk na die polisie se taak, weet ons daar is gemeenskapspolisiëringsforums, waar hulle probeer om die misdaad te bekamp. Dit is ook verkeerd om te sê dit is net die polisie se taak om veiligheid te verseker.
As ’n gemeenskap moet hulle hande kan vat, want dit gee ook ’n sein en ’n baie duidelike boodskap aan die Minister van Polisie as ons gaan kyk wat gebeur byvoorbeeld op plekke soos Khutsong, waar die reg in eie hande geneem word. Dit beteken dat die gemeenskap op ’n punt gekom het, en hulle voel dat hulle magteloos is teen hierdie golf van misdaad, en sal daar strenger en sterker opgetree moet word, en meer sigbaar, deur die SA Polisiediens.
As ek dit sê, wil ek ook sê dat ons hoeveel wette kan maak in hierdie Nasionale Vergadering, maar ’n wet alleen is nie goed genoeg om die veiligheid van vrouens en kinders te verseker nie. Die toepassing daarvan is die belangrike, want ons het fantastiese wette. Ons het goeie wette in Suid-Afrika, maar die vraag is, hoe word dit toegepas?
Dan wil ek kom na die individu self – na vrouens, wat ook betrokke is, en mans wat betrokke is by die opvoeding van hul kinders. As ons praat oor die gemeenskap, moet ons ook oor onsself praat. Ons moet onsself afvra watter rol ons, as ouers, speel om te verseker dat ons kinders behoorlike dissipline het, en dat hulle respek het, nie net vir hulself en mekaar nie, maar ook vir ander individue en die gemeenskap. Ek wil vandag vir u sê: As ons as ouers ons plig nakom en verseker dat ons kinders behoorlik opgevoed word, gaan ons baie minder probleme hê, selfs wat misdaad betref.
Ek kan nie glo wat ek partymaal in die media lees, dat kinders ontvoer word, en wanneer daar navraag gedoen word oor waar die ouers was, die ma byvoorbeeld by die shebeen was of die pa en ma nie geweet het dat hul kind sonder toesig was nie. Hoe kan ’n ma en ’n pa nie weet dat hulle kinders nie onder toesig is nie? Ons het ’n verantwoordelikheid as ouers om dit te verseker.
As ons wil vinger wys na die polisie of na die gemeenskap dan moet ons weet dat daar ook vingers is wat na elkeen van ons as individu wys as ouers en as volwassenes, om te verseker dat daar behoorlike respek is. As daar respek is, gaan jy nie misdaad wil pleeg nie, want jy het dan daardie respek.
Ek wil ook vir u sê, ons moet begin praat. As jy sien dat daar mishandeling van vrouens en kinders is, praat daaroor en rapporteer dit. Moenie sê, “Dit het niks met my te doen nie”. Op die einde van die dag is daardie mishandelde kind as gevolg van die mishandeling dalk ’n nuwe misdadiger wat jou ook dalk ook gaan raak. Tree op, dan kan ons sukses behaal. [Applous.] (Translation of Afrikaans speech follows.)
[Dr P J GROENEWALD: Speaker, when we look at the subject for today, we see it concerns the co-operation of communities in ensuring the safety of women and children.
I would like to start by saying that it is true that communities need to work together. Communities should become more involved with one other. How often does it not happen that we see children and women being abused, but we prefer not to get involved. It has nothing to do with us! This is the wrong approach regarding the safety of women and children.
When one considers the task of the police, we know that there are community police forums at which they try to curb this crime. It is also wrong to say that it is the job of the police only to ensure safety.
As a community they need to be able to take hands, since this also sends out a signal and a very clear message to the Minister of Police when we look at what is happening in places such as Khutsong, where people take the law into their own hands. This means that the community has reached a point at which they feel themselves to be powerless against this tide of crime, and stricter and stronger action will have to be taken, more visibly, by the SA Police Service.
When I say this, I also want to say that we can draw up any number of laws in this National Assembly, but a law by itself is not sufficient to ensure the safety of women and children. What is important is how it is applied, because we have fantastic laws. We have good laws in South Africa, but the question is, how are they applied?
Now I come the actual individual – to women, who are also involved, and to men who are involved in the education of their children. When we speak about the community, we also need to speak about ourselves. We need to ask ourselves what role we as parents, play in ensuring that our children have proper discipline, and that they have respect, not only for themselves and for each other, but also for other individuals in the community. Today I want to say to you: If we as parents do our duty in ensuring that our children are properly educated, we will experience far fewer problems, even with regard to crime.
I cannot believe what I sometimes read in the media: that children are kidnapped, and when the question is raised as to where the parents were, the mother, for example, was in the shebeen or the father and mother did not know that their children had been without supervision. How can a mother and a father not know that their children had been unsupervised? We as parents have a responsibility to ensure this.
If we want to point a finger at the police or at the community, we need to know that there are also fingers pointing back to each of us as individual parents and adults, to ensure that proper respect exists. If there is respect, you will not commit a crime because you will then have that respect.
I also want to tell you that we need to begin speaking out. If you see abuse of women and children occurring, then speak about it and report it. Do not say, “It has nothing to do with me.” At the end of the day that abused child is, as a result of the abuse, possibly a new criminal, which may also affect you. Take action, so that we can achieve success. [Applause.]]
Mrs C DUDLEY: Speaker, in the 2012-13 financial year, according to the latest police crime statistics, nearly 50 000 crimes were committed against children around the country.
Dr Richard Griggs, who heads up a nongovernmental organisation called PARTNER and has over 20 years of experience as a social scientist and evaluator of social programmes, is of the opinion that South Africa needs a nation-building campaign of magnitude. All great nations, he says, develop their national identity with deliberate campaigns. Dr Griggs believes we could see a turnaround in less than 10 years if we committed to a mass campaign on understanding human rights; that includes caring and respect for all.
If there is no national unity or national cohesion, then it is one person competing against another for what is seen as limited resources – a recipe for disaster and violence. Countries with a strong national identity were builtup by deliberate campaigns.
The content of that campaign matters greatly. With the wrong focus, the result could be as problematic as Nazism was but, with careful planning, a strong, democratic national unity could produce positive results.
The ACDP believes that Christian democratic principles of justice, grace, forgiveness, love for others and for oneself, and a strong work ethic would go a long way to strengthening national unity and forming one people out of many diverse peoples.
Where you have millions of people to impact, it is necessary to do it through an educational campaign on human rights that goes into homes, schools, churches, streets, etc. The campaign must not just concern itself with the wellbeing of women and children, but include men.
A major concern for the ACDP, however, is that real respect for human rights is not possible without respect for human life. In South Africa, as with many other parts of the world, this concept has been clouded by confusion regarding a woman’s right to reproductive health and a distorted right to take the life of a child growing in her womb. This has to change if we want children to have an ingrained respect for life, and for human rights as an extension of this.
Violence against women and children, like all crimes, is built on the belief that one person is superior to another. The inferior one lashes out, and the superior one represses. This results in children steeped in the unshakeable belief that there is always one superior to the next, and we must compete and fight for a position in the hierarchy. Many males, particularly those who feel repressed within society, will assert their right to be higher than women on a domestic level.
The ACDP believes that in order to work together as communities to ensure the safety and security of women and children, the mindset of the nation must change. Priority must be placed on a deliberate campaign of national identity, promoting care and respect for all. Thank you.
Mrs I C DITSHETELO: Mr Speaker, the issue of violence against women and children is not an exclusively South African problem but a worldwide issue. Violence against women and children happens in all cultures, all religions and all ethnic and racial communities, at every age and in every income group.
In Canada, for instance, with the relatively low crime statistics that the country has, the Canadian Women’s Foundation reports that every six days a woman is killed in Canada by her intimate partner. Each year more than 400 000 women are sexually assaulted. In Brazil it is said that a woman is assaulted every 50 seconds. Here at home a woman is killed every six hours by her intimate partner. I do not even want to touch on the atrocities against women taking place in the Democratic Republic of the Congo and other war-torn areas.
If, therefore, violence against women and children is a global issue, could it be that the global system of governance is rendering women and children vulnerable to violence? How is it that the global community is continuing to fail to address this issue?
We in the UCDP have always maintained that the perpetrators of these crimes are our husbands, our sons, our grandsons, our brothers, and our neighbours. Women have given birth to the perpetrators. Tomorrow’s perpetrator of violence against a woman is probably an innocent-looking child sitting in front of a television set right now. So, where have we lost our grasp as a global community? How is it that we continue to breed violators of women and children?
Physical and sexual violence are directly linked to the other systematic violations against women. There is no reason why there should not be equal pay for men and women doing the same job in 2013. When we continue to have such subtle but profound violations, we are also perpetuating the more aggressive forms of violence against women. We perpetuate the idea that men are superior to women and can do as they please.
If we are ever going to address grass-roots communities on violence against women and children, we need to target structural violations. We must have effective legislative reforms and the effective implementation thereof.
We need public education reforms, and by that I do not mean a once-a-year event designed in nature to be a celebratory get together. We need effective, consistent support for shelters and crisis centres. We need empowered civil society movements to influence policy direction. We must embrace emerging feminist movements and discard the notion that feminists are men-haters.
Women are obviously being endangered. Our wellbeing and sanity are being endangered. Our lives are being endangered. We are a globally oppressed group and ought always to remember that freedom is never granted by the oppressor. It is taken by the oppressed. I thank you. [Applause.]
Mr R B BHOOLA: Speaker, the MF strongly believes that if we have to wage a war against poverty and crime, and ensure peace, we will first have to begin with the women and children of our land. As parents, indeed, we are not obligated to trust anyone, but obliged to protect our children.
The killing of our toddlers is truly a tragedy, and the MF roundly condemns this kind of barbaric behaviour. Our condolences go to the families of all the toddlers involved. Minister Lulu Xingwana is absolutely correct in describing it as senseless and inexcusable. Our Constitution guarantees the right to life, and we must ensure that this right is respected. Minister Nathi Mthethwa indicated that these are shameful incidents, and the MF believes the Minister’s call for communities to rally against this scourge is an accurate one.
The number of cases reported is of concern, and it is something that requires a joint effort as a nation.
Furthermmore, this deep-seated problem needs deep psychological analysis to determine why people do this. What is devastating is that most of these perpetrators are members of families or neighbours. Arresting these people is not a problem. The justice system is working, and the police are working.
The MF suggests that we should set up a team of experts comprising psychologists and social workers to analyse the kind of behaviour that we see and determine why we have this. Is it linked to poverty or ignorance? Moreover, government needs to give this priority. This team should also analyse how many cases we have had, look for a common theme, and run a campaign based on the findings. Parliament should perhaps also look at incentivising the arrest and detention of these people so that communities play a role and make an invaluable contribution.
We must therefore do everything to ensure that our children and women are protected against the inhumane circumstances that endanger their safety and security. Violence against women and children is definitely a fight that requires everyone who breathes South African air and lives on South African soil to commit themselves to unselfishly taking part in it. Thank you. [Applause.]
The DEPUTY MINISTER OF TRANSPORT: Hon Speaker, hon Ministers and Deputy Ministers, hon Members of Parliament, and fellow South Africans, the ANC’s Strategy and Tactics states that:
... the battle against crime cannot be separated from the war on want.
Yes, indeed, the “battle against crime cannot be separated from the war on want.” Lack of access to economic opportunities, lack of land ownership, and lack of education and training, which affects 42% of South Africa’s female population, particularly those in rural areas, leave them vulnerable and susceptible to crime.
The crime statistics released by the Minister of Police indicate a steady decrease of 11,1% in crimes against women. Statistics on crimes against children indicate a decrease of 12,4%. While these trends are welcomed, the figures remain unacceptably high, particularly because many of these are serious crimes such as murder, rape and other violent crimes.
For instance, in yesterday’s Sowetan newspaper, a gruesome article stated that a father raped his biological one-month-old and two-year-old little innocent girls while their mother attended an evening church service. These occurrences are becoming common in our country.
However, hon Van der Merwe, we have not failed; we are facing the scourge head-on. What complicates the situation is the fact that law enforcement agencies find it difficult to prevent these atrocities because they occur among acquaintances in closed homes and in poor communities.
The crime that is not frequently mentioned is the crime on our roads. Sixty percent of road accident fatalities involve women and children. In every single fatal taxi or bus crash the majority of the people who die are women and children, as they are the ones who, in the main, use public transport. Road crashes bring frustration and a sense of loss and take away the very freedom that is a vehicle to bring about peace, security and a stable family structures in our society. Road crashes are the largest unnatural killer of children in South Africa.
Many crashes are the result of acts of lawlessness and can easily be regarded as murder, and are therefore crimes. Hon members will remember the recent truck and taxi crash that occurred in Fields Hill, Pinetown, as a result of an allegedly fake licence and unroadworthy truck. Twenty-three people were killed and the majority of them were women and children.
Let me just focus on two key drivers that lead to road crashes. The first one is excessive speed or driving too fast for prevailing circumstances. This accounts for about 30% of all road crashes. The second key driver is drunken driving. It is seriously worrying that there is a remarkable increase in the number of young women between 24 and 35 years of age who drive under the influence of alcohol. During alcohol tests at road blocks, one in four people arrested is a woman. This phenomenon is attributable to a myriad of factors, among which are social trends.
It is for this reason that the Department of Transport has commenced with the 365-Days Road Safety Programme, which is linked with the United Nations Decade of Action for Road Safety pillars and, of course, the four Es. These are: education, which is awareness, enforcement of the law, engineering and evaluation. Our call to all citizens is to obey the rules of the road and not commit road-related crimes.
Women’s and children’s rights are entrenched in the Constitution and the Bill of Rights. Directed by the belief that “the battle against crime cannot be separated from the war on want”, the ANC-led government has vigorously pursued the national agenda for women’s empowerment to provide them with a higher quality of life and reduce the level of poverty among them, so that they too can contribute to the economic development of this country.
Let me mention but a few of the significant strides made by the government in addressing these challenges. There is the remarkable milestone of the broadening of the ownership of assets, including houses and land, to historically disadvantaged groups such as women and rural communities, as articulated in the National Development Plan’s 2030 vision.
From October 2010, when the New Growth Path was adopted, to May this year, more than 646 000 new jobs were created. Of these, 366 000 new jobs were created particularly for women, which is 57% of the total new employment package that was created. No doubt we are on course and no doubt we are not failing.
The New Growth Path calls for greater economic inclusion through small business and youth development. Policies before 1994 largely excluded young black people. Hon Waters, how hilarious that those responsible for youth exclusion suddenly go around spreading the propaganda that they care about young black people! This, simply because all they want is their vote and nothing else. [Interjections.] Remember Judge Leon, the father of the former DA leader Mr Tony Leon, sentenced Solomon Mahlangu to death for fighting for black youth economic inclusion, and this is a fact. [Applause.] [Interjections.]
Prior to 1994 there were between 8 million and 9 million employed South Africans. Today we have more than 13,6 million employed people, which is more than 4 million new jobs created under democracy. Today 1,6 million more young people under 35 years of age are working than in 1995.
The enrolment of young women in schools and universities has also increased dramatically. In fact, in less than a decade we have doubled the number of graduates in the labour market.
Just this year the Youth Employment Accord was signed, bringing together the full efforts of both the public and private sectors. The accord provides for a comprehensive approach which includes incentives, commitments and actions to address the youth employment challenge.
In transport, a historically male-dominated sector, we have taken concrete steps to empower women and youth, both in government and in the industry at large. During the 2012-13 financial year, the SA National Roads Agency Limited trained 21 034 people, of whom 9 470 were women, in road-building projects at a cost of about R23 million.
We established a Women in Rail Programme and R1 billion is allocated for this financial year to empower and improve women’s representation and facilitate technical skills development and support.
In the maritime sector we have sent 11 masters and two doctoral female students to study maritime-related courses at Malmö University in Sweden. We are making a concerted effort to transform the aviation industry in regards to gender parity and racial representation. The doubting Thomases can continue with their pessimism; we are on course.
To fight crime against women and children, the SA Police Service has established victim-friendly rooms at station level and Family Violence, Child Protection and Sexual Offences Units, FCS Units at cluster level. A total of 83,18%, of convictions which is 37 457, were secured. The conviction rate in crimes committed against children younger than 18 years sent to court is 75,98%. In total about 499 life sentences was brought about by the FCS Units on crimes against women and children.
However, government cannot fight crime alone. We would like to thank communities for playing an active role in reporting crime. We urge communities not to take the law into their hands, but to work with the state law enforcement agencies.
We call upon those good men to provide leadership in their communities and say, “Not in our name - our political will to fight crime is unyielding and we are soldiering on.”
Working together with communities, the public sector, the private sector and civil society, we shall stand our ground and reduce road fatalities and injuries. We shall improve the lives of women and young people. We shall reduce all crimes against women, children and all South African citizens.
We have created a more inclusive economy that seeks to address the needs of all South Africans – the 51 million people of South Africa - and not just the 4 million that were provided for during the apartheid era, from which many seated in this House benefited.
As we approach the 16 Days of Activism for No Violence against Women and Children, we must, at all material times, fight against the abuse of women and children. More than ever before, we are resolute in making a difference and we are definitely on course.
As a matter of fact, I wanted to respond to hon Walters but unfortunately he displayed laziness by coming here, selectively reading a commission’s report and merely committing plagiarism. So, I have nothing to say to him. I thank you. [Interjections.] [Applause.]
Mrs D ROBINSON: Hon Deputy Speaker, we South Africans, have been shocked to the core in recent months by the extent of the violence perpetrated against defenceless babies, toddlers and teenagers. It makes one wonder whether the perpetrators are indeed human beings or monsters. What turns people into these callous killing and maiming machines? What has happened to the ubuntu for which South Africans used to be known? Why are we now known for these heinous crimes?
In 2012 the International Criminal Police Organisation, Interpol, reported that of all its member countries, South Africa had the highest number of reported rapes per head of the population. In 2011-12, more than 64 500 sexual offences were reported to the SA Police Service. In 2009, a study by the Medical Research Council, MRC, found that more than 25% of South African men had committed rape and of those nearly half said they had raped more than one person.
Underreporting of incidents of violence is an even a bigger issue. Research done by the MRC in Gender Links revealed that only one in 25 rapes in Gauteng was reported to the police. This points to the failure of the SAPS and the criminal justice system to deal with crime. It is a shocking state of affairs when we read daily about rogue cops, and corruption in the ranks of those who are supposed to protect the defenceless and enforce law and order. Fear of stigmatisation and secondary victimisation are also factors.
Navi Pillay, the UN High Commissioner for Human Rights, commented on South Africa’s low arrest and conviction rate of rapists. This is not only a shocking denial of justice for the thousands of victims, but also a factor that has contributed to the normalisation of rape and violence in South African society.
What we need is a national strategy to end gender violence and violence against children. This has been called for by a group of civil society organisations who’ve written to the President requesting the establishment of a special fund to fight gender-based violence which will provide R10 million over the next 10 years to fund a multisector response to prevent and reduce the effects of gender-based violence in all their forms.
Now, in this time of tightening our belts, one might say that we do not have enough money. But do you know that the Nkandla security upgrades could fund the rape crisis budget of R7 million for 29 years? By the time that the security upgrades and consultants’ fees have been paid on the Nkandla development, it will have cost R206 million, which is a hundred times more than what has been provided for Thuthuzela care centres.
Recently on Carte Blanche, I watched a programme about violence and bullying in some of our schools. It was shocking to see the aggression and cruelty of learners, not only towards their peers, but towards their teachers. The question was asked: Should teachers get danger pay? What has happened to the safe and nurturing environment that schools used to provide, where education was the main tool of upliftment?
We cannot wait. South Africa needs a holistically and fully funded commission of inquiry to investigate why our gender-based violence laws and policies are not being properly implemented, and why the Chapter 9 institutions are failing us.
Like many others, I have a dream, a dream that South Africa will be transformed into an oasis of freedom and justice; that patriarchal attitudes and gender-based violence will be eliminated; and that women and our precious children will not be violated and abused. May each one of you help to make our dream for our nation and its children come true. We need to get on track, Deputy Minister of Transport. This is more important - gender-based violence and looking after our children, not talking about taxis in a debate about violence and children. Thank you. [Applause.] [Interjections.]
The MINISTER OF WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES: Hon Deputy Speaker, hon Deputy President and hon members, let me thank hon members for participating in this debate and, in fact, thank all the parties who made valuable inputs in this important debate, and who understand that this is a challenge for all of us, not just government. But for the DA, of course, this was just another political football that they thought they could use to ensure that they scored a few cheap political points at the expense of the tragedy of the killing and raping of our children.
We all have to take responsibility and we must all ask ourselves this question: As individuals, families or political parties, what have we done in our communities today to make women and children safe? This will lead us all to a collective sense of responsibility towards the women and children in our families, neighbourhoods, communities and country broadly.
It is only through our ongoing collective efforts in every street and in our communities that we can begin to partner with civil society organisations, the police, Social Development, Justice and health practitioners for a holistic approach to prevention and intervention mechanisms to address the violence perpetrated against women and children.
The Department of Women, Children and People with Disabilities, within its co-ordination and facilitation mandate, has been working together with various departments, NGOs and community-based organisations, through the National Council Against Gender-Based Violence, on a number of campaigns aimed at ensuring that we put all our resources together and strengthen the campaign to end gender-based violence.
In this regard, we have launched a campaign with the South African Football Association, trying to focus on the youth. This provides a platform to call upon soccer players and fans to join hands to eliminate gender-based violence, because the involvement of men, as many of the speakers have said, will specifically to ensure that we engage men in the call to end gender-based violence. This is critical if we are to significantly reduce or eliminate the high levels of violence against women and children. We launched this campaign at the Fifa soccer game between Bafana Bafana and Botswana at the Moses Mabhida Stadium in Durban on 24 August this year.
We also joined the Brothers for Life campaign, which was organised by men to mobilise men to say: “Not in my name! Enough is enough!”. This was held in Johannesburg and led by the Deputy President during Women’s Month.
We are also working with Lead SA in an initiative to ensure that the media provide space to continuously write articles about gender-based violence to educate the public about this scourge. In addition, we are also working with community radio stations to ensure that they educate the public on gender-based violence and how it impacts negatively on the lives of women and children.
We also believe it is important to ensure collaboration with our religious leaders. In this regard we have worked with the National Religious Council, which comprises the Christian faith community, including the South African Council of Churches, and the Muslim, Hindu and the Jewish communities. They have joined hands with the department in the fight against gender-based violence. Religious leaders have committed themselves to highlighting, in their planned and daily activities, the plight of abused women and children. They are also planning to involve young people, families and society at large to understand and uphold the Bill of Responsibilities towards the prevention of gender-based violence within a rights-based approach. They have also committed themselves to and already started writing in the media and educating communities about gender-based violence.
Our Constitution recognises our diversity, particularly cultural diversity, and therefore it is essential, because of the important role played by then, particularly in our rural areas, to work with our traditional leaders in fighting this scourge. We have established a relationship with the National House of Traditional Leaders, including all heads of the various provinces and the leaders of the Congress of Traditional Leaders of South Africa, Contralesa. They have committed themselves to joining the campaign and contributing to the elimination of gender-based violence. They have condemned the atrocious crimes committed against women and children, including elderly women.
The National House of Traditional Leaders has gender fora that are already part of the National Council Against Gender-Based Violence. They will use these platforms to educate and raise awareness in rural communities, particularly working with the wives of traditional leaders as influential members of their communities and as leaders. Ondlunkulu [chiefs’ wives] will be leading this campaign in the fight against gender-based violence in our rural communities. Traditional leaders are also working with government structures such as the National Prosecuting Authority on a project called Ndabezitha, which is also focusing on fighting gender-based violence.
The President has led from the front. He has established an interministerial committee which comprises a number of Ministers, led by the Minister of Social Development, with the mandate to investigate the root causes of gender-based violence in our country.
The President has also committed himself to the UN campaign: “Unite to end violence against women”, which is also called the Orange Day Campaign - an international campaign to end gender-based violence against women and children. This campaign is part of the South Africa 365 days National Action Plan to End Gender Violence, which takes place on the 25th of every month. We have already launched this campaign in various provinces, including KwaZulu-Natal, Limpopo, the Western Cape, the Free State and Gauteng.
This month the campaign will be taking place in the North West province, where we will also be launching the 16 Days of Activism for No Violence Against Women and Children campaign. The launch of the campaign will be led by the President in the North West province on the 24th of this month and we invite all of you to be part of the campaign. We will close the campaign in Gazankulu in Limpopo on 10 December, and again we invite those members who are available to be part of this important campaign.
The multisectoral approach of government to prevent and intervene by working with communities is critical. Communities remain the frontline of prevention and intervention mechanisms that will assist to ensure that we end the scourge of gender-based violence. We call on all communities to work with us to ensure the safety and security of women and children. We continue to say there should be no bail for these heinous crimes - let’s have the harshest sentences against those who perpetrate these crimes! Malibongwe! [Praise!] [Time expired.] [Applause.] [Interjections.]
WITHDRAWAL OF WORD BY MR R B BHOOLA IN TERMS OF RULE 69
The DEPUTY SPEAKER: Order. Hon members, hon Bhoola has requested an opportunity to give an explanation in terms of Rule 69. I now grant him the opportunity. Hon member, please keep your explanation brief.
Mr R B BHOOLA: Hon Deputy Speaker, I would like to withdraw the word that I used in my mother tongue in my member’s statement. Thank you.
The DEPUTY SPEAKER: Thank you hon member. Your explanation will be recorded.
CONSIDERATION OF REPORT OF STANDING COMMITTEE ON APPROPRIATIONS - 2013 DIVISION OF REVENUE AMENDMENT BILL
There was no debate.
The CHIEF WHIP OF THE MAJORITY PARTY: Deputy Speaker, I move:
That the Report be adopted.
Motion agreed to.
Report accordingly adopted.
DIVISION OF REVENUE AMENDMENT BILL
(Second Reading debate)
Mr E M SOGONI: Hon Deputy Speaker, hon Deputy President ... [Interjections.]
The DEPUTY SPEAKER: My apologies, hon Sogoni. Hon members, the level of noise is increasing.
Mr E M SOGONI: Thank you, hon Deputy Speaker.
The DEPUTY SPEAKER: Order, hon members! The noise levels are rising higher and higher.
Mr E M SOGONI: Thank you for your protection, hon Deputy Speaker. Hon Deputy President, hon members, and hon comrades from Ekurhuleni, sanibonani [good afternoon].
Please allow me to take this opportunity to table the report of the Standing Committee on Appropriations on the 2013-14 Division of Revenue Amendment Bill. The statement highlights the changes which have occurred in the 2013-14 Division of Revenue Act and in all three spheres of government.
The Division of Revenue Amendment Bill, together with the Medium-Term Budget Policy Statement and the Adjustments Appropriation Bill, was tabled in this House by the Minister of Finance on 23 October 2013.
The Constitution of the Republic of South Africa requires that an Act of Parliament provides for the equitable division of revenue raised nationally among the national, provincial and local spheres of government. As that is the case, the Financial and Fiscal Commission was consulted and their recommendations have been taken on board.
Section 9(1) of the Money Bills Amendment Procedure and Related Matters Act, Act 9 of 2009, requires that the Standing Committee on Appropriations must consider and report on the Division of Revenue Amendment Bill after the fiscal framework has been adopted. It is against this backdrop that the committee is reporting on the changes in the 2013-14 Division of Revenue Act.
The committee welcomes the Division of Revenue Amendment Bill, 2013. We should ensure that the lives of our people are improved.
The committee noted the downward revision of the national allocation that resulted in the upward revision of the provincial and municipal allocations, where an amount of R3 058 billion was moved from the national allocation to increase provincial and municipal allocations.
The provincial upward adjustment is meant to cater for the following. These are, firstly, for the increase in the cost of wages for 2013-14 due to higher than anticipated inflation; secondly, to assist provinces with the increased cost of upgrading clerical positions as in the Department of Public Service and Administration 2012 circular; and, thirdly, for the transfers of payments for the devolution of property rate funds which were not transferred in 2012-13.
The committee welcomes the allocation for hosting the African Nations Championship Football tournament and the emergency medical services for the three host cities in the Free State, Limpopo and the Western Cape.
The committee also noted the declared underexpenditure on the health facility revitalisation grant component, which has been converted into a direct grant, which led to the downward adjustment of the national health grants.
The upward adjustment for the local government equitable share allocation is meant to cater for the following. Firstly, it is meant to cater for rollovers from the Bela-Bela Local Municipality that were not transferred in 2012-13 due to noncompliance. Secondly, it is for rollovers for the regional bulk infrastructure grant projects in five municipalities. Thirdly, it is for roll-overs for the rural household infrastructure grant. Fourthly, is rollovers for Naledi Local Municipality in the Free State for the Expanded Public Works Programme integrated for municipalities and, lastly, it is for new municipal disaster recovery grants to repair significant flood damage in the Western Cape, Eastern Cape, Limpopo and KwaZulu-Natal.
The only concern the committee has is around the rescheduling of the rural household infrastructure grant. This grant is aimed at providing capital funding for the reduction of rural water and sanitation backlogs. The committee is of the view that the rescheduling of the rural household infrastructure grant to an indirect grant may not result in improvement in the grant’s performance.
The committee is also concerned, Comrade Mashego, about the level of debt owed by other spheres of government to local municipalities for basic services. Therefore, we would like to urge all those who are the recipients to pay for those services. The lack of payment for municipal services by other government departments destroys the capabilities of those local municipalities to collect adequate revenues to deal with service delivery backlogs.
We think that, working together, we will always do more to address poverty, inequalities and unemployment. The ANC supports the Division of Revenue Amendment Bill. I thank you. [Applause.]
There was no debate.
Bill read a second time.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON WATER AND ENVIRONMENTAL AFFAIRS -
NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT AMENDMENT BILL
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON WATER AND ENVIRONMENTAL AFFAIRS - NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY AMENDMENT BILL
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON WATER AND ENVIRONMENTAL AFFAIRS -
NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS AMENDMENT BILL
NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS AMENDMENT BILL
(Second Reading debate)
NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT AMENDMENT BILL
(Second Reading debate)
NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY AMENDMENT BILL
(Second Reading debate)
The MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS: Hon Deputy Speaker, hon Deputy President and hon colleagues in the House, let me start by commending the Portfolio Committee on Water and Environmental Affairs, under the able leadership of Adv De Lange, for finalising five very important Bills that were placed before them, three of which we are discussing today. They are very important Bills for the Department of Environmental Affairs, as well as the provinces. Once promulgated, these Bills will go a long way toward closing the identified regulatory gaps and the progressive realisation of the environmental rights set out in section 24 of the Constitution of the Republic of South Africa.
The first of these Bills is the Bill under the National Environmental Management Act, which is the Air Quality Amendment Bill. This Bill will enhance service delivery, as it provides for the establishment of the national Air Quality Advisory Committee to advise the Minister on quality-related matters. Members of this committee will be appointed in accordance with the provisions of National Environmental Management: Air Quality Act of 2004.
One of the important aspects of the Bill is that it now compels the Minister to establish an advisory committee, which is currently a discretionary power in terms of the Act. This was amended because of public submissions received during the public consultation process. The advisory committee will not only advise the Minister on current and future trends in air quality matters, but will also give feedback mechanisms on the implementation of the Air Quality Act. The Bill is important and closes very important regulatory gaps with respect to the implementation of atmospheric emission licences.
Clause 3 inserts a new section, section 22A, in the Act, to provide for the consequences of unlawfully conducting a listed atmospheric emission activity without the necessary authorisation. This clause will address these scenarios.
Firstly, it is where atmospheric emissions take place without an environmental impact assessment, which must be addressed through section 24(g) of the National Environmental Management Act of 1998; then, where activities are conducted without the necessary registration certificate under the Atmospheric Pollution Prevention Act of 1965; and thirdly, where activities conducted had an EIA environmental authorisation granted, but no atmospheric emission licence was issued, which must be addressed through section 22A.
This clause, which emulates section 24(g) of the Nema, sets out the process and the information required for such an application. The clause also provides the licensing authority with various options when considering such an application. The clause further provides for the payment of an administrative fine not exceeding R5 million before restarting an activity. In other words it does not indemnify any person who starts an activity.
The amendment to section 29 is also important in monitoring, evaluation and reporting of approved pollution prevention plans. The information that is collected in the process of monitoring is important to ensure compliance with our international obligations in relation to climate change. Section 53 is amended to be able to obtain the information on greenhouse gases, which is our international obligation, as required.
Clause 5 will also insert a new subsection in section 36 of the Act. The licensing authority will also deal with the issues of the powers and functions of MECs and the Minister. The additions propose that in instances where the licensing authorities fail to take a decision within the time period set, an applicant may request the MEC or the Minister to do so. Currently this is not the case.
The licensing authority that has the power to issue an atmospheric licence is usually vested in the relevant local authority. However, clause 5 will designate the Minister to be the licensing authority where the applicant for an atmospheric emission licence is a provincial organ of state that has been delegated by the municipality the power to issue such emission licences.
I am moving on in the interest of time to the next of the Bills, which is the Integrated Coastal Management Amendment Bill. This Bill takes an important step in securing the natural assets of the sea and the beaches belonging to the people of South Africa, and at the same time ensuring that organs of state can use these assets for the benefit of all. The Act creates the notion of coastal public property, which gives special status to the beaches, the sea and the seabed that are part of the coastal public property.
The Republic of South Africa’s public property stretching into the sea extends our sovereign waters to 200 nautical miles and will soon include the continental shelf once South Africa’s claim has been finalised, as we have submitted a claim through the United Nations.
This notion is progressive and realises a good balance between environmental integrity, public ownership and economic growth.
Having vested ownership of these natural assets in the citizens, to be held in trust by the state, the current Act fell short of securing the proper use and ownership of structures within coastal public property by organs of state. The current Act did not deal clearly with the impact of coastal public property on other organs of state that own assets or operate in the sea space. The Bill now clarifies the ownership of coastal public property, which is important for job creation and economic development.
Our ports are gateways to economic growth and stability, as they are a conduit for exports. More than 90% of South Africa’s exports are done through the ports. The Bill also enables more efficient regulation of port activities such as dredging. Dredging is an integral part of the functioning of the ports in South Africa. The Bill enables easier operation of ports by increasing the time period of permits.
The Bill clarifies reclamation. Reclamation enables us to use an area which would otherwise be covered by water, and it is especially important as we discover the economic importance of our oceans and coasts.
The Bill simplifies processes, and improves and streamlines governance structures to facilitate accountability and integrated coastal planning and intergovernmental co-operation. It aims to address regulatory gaps, but also consolidates and simplifies coastal EIAs, coastal leases and concessions, and coastal access fees and delegations. It simplifies technical definitions such those of the high water mark and estuaries, and makes adjustments to that of climate change. It also clarifies national arrangements, making obligations and consequences easier to understand and implement. The Bill also strengthens the offences and penalties by consolidating offences from three to two categories and creating higher penalties.
South Africa is very proud to have legislation such as the Integrated Coastal Management Act. This amending Bill, which is leading legislation within the continent and beyond, goes a long way in managing critical ocean and coastal resources in an effective and holistic way.
The last Bill that I would like to deal with is the Protected Areas Amendment Bill. This amendment Bill is important milestone in the final step towards implementation and the restructuring of government, which saw the separation of the Fisheries and Environmental functions. The amending Bill gives effect to the presidential proclamation by clearly separating Environmental and Fisheries functions and ensuring that there is appropriate consultation and co-operation where the functions overlap.
The Bill places marine protected areas under the Protected Areas Act and ensures co-operative governance within fishing zones. It further enhances accountability and good governance in environmental managing authorities and promotes holistic management of all protected areas - marine protected areas as well. All existing marine protected areas are retained and the amending Bill generally brings the management of marine protected areas under the purview of the Protected Areas Act regime. The Bill facilitates integrated and co-operative management of the country’s conservation estate, which is highly regarded in international circles.
This is an important step in implementing the vision of the presidential proclamation and the restructuring of government to enhance the priorities of government.
The marine protected areas enable environmental integrity whilst at the same time increasing productivity. As I conclude, I would like to indicate that these are very important as marine protected areas not only for conservation, but also for economic activities such as tourism for our country, South Africa, and the international visitors for fishing and recreation. They provide protection, economic use opportunities and job creation.
I would like to thank you very much, hon Deputy Speaker. Thanks once again to the portfolio committee for having done such a wonderful job. Thank you very much. [Applause.]
Adv J H DE LANGE: Hon Deputy Speaker, hon Deputy President, hon Ministers, ladies and gentlemen, and hon members, I want to start with some thank yous. The first is to my long-suffering portfolio committee. I want to thank all the members, across party lines, for the tremendous work that they have done. At the moment we are trying to process eight pieces of legislation. We have now finalised five, and three of them are at an advanced stage of processing. So, I really want to thank all the members for going that extra mile. Then, I would like to thank the department, the Minister and the Deputy Minister for the excellent support and service they have given us.
Today we were going to deal with four pieces of legislation. You have heard that we are dealing with only three, and I will give some background to that.
Firstly, with regard to the Protected Areas Amendment Bill, that we are debating today, there has been a difference of opinion as to the tagging of this Bill. The Bill is tagged presently as a section 75 Bill. The committee is of the view that it should be tagged as a section 76 Bill. Although we are debating this matter today, it will be referred back to the committee until this tagging issue has been dealt with and then the Bill will be passed.
The fourth Bill, which is not here today although we passed it in the committee, is the South African Weather Service Bill. This Bill was introduced in Parliament in November 2011 and was tagged as a section 75 Bill. Then, after we had processed the Bill, one or two constitutional matters were raised and the Bill was withdrawn. It was then introduced again in July this year. On Tuesday, when we passed the Bill, we heard for the first time that the Bill has not been tagged in Parliament; hence we will not be able to debate the Bill.
Let me then turn to the three Bills, which all deal with environmental matters. As you are aware, the National Environmental Management Act, Act 107 of 1998, which we call Nema, is the umbrella environmental framework legislation which provides the bedrock for environmental management in South Africa.
Then there are other specific environmental management acts, which we call Semas, and which were promulgated after dealing with specific media of environment. They deal with air quality, coastal management, protected areas, etc. Today we are amending three of those Semas. As you have heard from the Minister, they are complicated in some senses.
Firstly, let me deal with the Air Quality Amendment Bill. The issue of air quality is relatively complicated in our constitutional dispensation because it is one of those matters - air quality and air pollution - that have been given to local government to deal with. Today in our country, when atmospheric emission licences have to be given, they are given by local government.
We all know that there are difficulties at local government level with regard to capacity, and particularly complicated capacity like this, where companies want to open a factory which will emit atmospheric emissions, and then they want licences. We have had quite a number of problems at the local government level with the issuing of these licences and we will deal with them.
The constitutional dispensation creates some problems. You know that in our Constitution we have schedule 4, which deals with concurrent powers. Environment and nature conservation fall under concurrent powers. At one stage the Constitution was amended to deal with local government issues. At that stage, the Minister of Finance was probably part of it and I opposed it at the time. Now, that is probably why I am getting my own back at this stage! The Constitution was amended and there were certain issues around local government which were added to schedule 4. Those issues are dealt with in schedule 4, but are administered at local government level. Air pollution is one of those.
The problem is, of course, that they put it in schedule 4, which is the concurrent power between national and provincial levels. You can imagine the kind of constitutional scenarios that arise when one tries to debate this issue. It is a complicated issue and we have tried our best to stay within the confines of our Constitution.
As I have said, there are certain capacity problems at local government level. No one wants to take away the powers of local government, but equally, especially for developmental purposes for example, in their giving licences to open factories and so on, we cannot rely totally on the capacity of local government that cannot produce, give licences and follow up.
What we have done is to create a whole host of tools in the area of the environment and those tools will allow for interventions from higher up in government down to local government level to make sure that those functions are fulfilled. One is not trying to take away the functions of local government, but to capacitate local government. There are certain procedures that have to be followed, and only when there has been a failure to do something within the timeframes, will the MEC or the Minister in the area of environment will intervene and take over the function in that specific application. I want to emphasise that in the specific application that has been submitted the MEC or the Minister can take over the decision to issue such a licence or not.
We have also provided that when such a power is moved from local government up to the MEC or the Minister, the timeframes are also applicable to them. If the MEC, for example, has not intervened and fulfilled his function properly and within the timeframes, then the applicant can also make an application to the Minister. You can see we have created a much nuanced system, in which we have tried to make sure that where there is a failure to meet the timeframes applicants can try to get to a higher authority. We have set out in the Act all the procedures that must be followed. Most of them have an assisting nature to try to allow local government to fulfil its function and only after all has been done and there is still a failure will the function be taken over by the MEC or the Minister.
The second area that we have dealt with is making sure that the national Minister is the national competent authority in those functions in the area of atmospheric emissions that are usually fulfilled at the national level. There are five such instances in the Act, again to make sure that there is a proper functioning of the system. Firstly, where the provincial organ of state is the applicant for an atmospheric emission licence, the Minister will be the competent authority. When there is a transmunicipal application, of course, one of them can’t deal with it, and then the Minister will be the national competent authority.
In the Nema and the National Environmental Management: Waste Act, the Minister is the competent authority in certain areas, and in the area of air emissions the Minister will remain the competent authority. You will remember that with regard to Nema, as we explained last time, we have allowed, where there are bigger infrastructure projects, for Cabinet actually to decide whether that infrastructure is a national priority. If it is a national priority, the decisions around environmental issues for air emissions will be dealt with by the national Minister.
Lastly, there is the complicated area of mining activity. We are already busy with the Portfolio Committee on Mineral Resources, trying to harmonise and synchronise all the licensing procedures for the environment and for mining. To facilitate that process, we are also making the Minister the competent authority where there is a mining activity and we are dealing with atmospheric emissions. We have provided that when the Minister deals with a mining matter, she will do so after consultation with the municipality.
Then, as I said to you previously when we dealt with Nema, our environmental laws did not have procedures to deal with people when they proceed with activities that actually have not been authorised and impinge on the environment. So, we amended section 24(g) of Nema in the previous legislation.
However, in the area of air quality, we do not have a similar clause to curb unlawful activities that may be taking place. There is no procedure allowing the Minister to intervene and take remedial action. Now, we have provided for such a procedure in the legislation.
It has been quite complicated to do, so we dealt with three different scenarios. Firstly, when there is a lack of an environmental impact assessment and someone has started to emit emissions, in that instance section 24(g) of Nema will still be applicable, and not this Act.
When the old Act, which is the forerunner of this Act and which we call Appa, the Atmospheric Pollution Prevention Act or something or other ...[Laughter.] ... was in operation, there were also unlawful activities under that Act, and we have now provided that unlawful activities under that Act can be dealt with using the procedures that we have provided for in this Act.
The third scenario is the instance when someone has had an EIA done, but they start emitting emissions from their factory when they do not have a licence yet. In that instance we have provided for procedures in this Act that will make sure that the Minister has powers to intervene and take remedial action.
There are quite a few other issues under this Act, but I will skip them for now.
The second Bill is the Integrated Coastal Management Amendment Bill, a very important piece of legislation. This is the amendment of a thick Act that deals with all aspects of the sea and the coast. Our work has been bedevilled for a long time by problems with the major concept and definition in this Act of public coastal property.
Public coastal property is all that territory in South Africa from the high water mark right into the sea until where our territory ends. That is called the coastal public property. Coastal public property is kept by the state in trust for the citizens of this country. No one should be able to own that property and this Act has provided for that for some time now. The previous Act, when it was passed, did two things. Firstly, it amended some of the clauses and in the end the amendment did not cater for every situation. Organisations like Transnet in particular felt that these amendments that were made previously did not clearly cater for what they wanted.
Secondly, in that previous Act an exemption was created, where Parliament on certain occasions could pass a resolution and could exclude certain land from the definition of coastal public property. Of course, that is absolutely a loophole for disaster to come in. Some of you will remember the problems we had here at the Waterfront when Transnet tried to give away half of South Africa to private owners and tried to sell off the land.
What we have done now is create a very clear definition of coastal public property. We have very clearly stated that infrastructure, particularly in ports and harbours, remains the property of whoever the owner is using it, which is Transnet. We have stated this very clearly, because Transnet came and also wanted to own the sea! They said the sea and the harbour should belong to them. We said, “No way! You can jump off the bus right now! We are not going to allow that.” What we made quite clear was that the use of the sea space in a harbour or a port would not be affected by this legislation.
So, I think these definitions are quite clear and there shouldn’t be further problems. I think everyone is as happy as one can be.
Of course, the previous regime also included leases over coastal properties. We are doing away with the whole lease system because sometimes you have leases that are 99 years long! That is equivalent to ownership. We are doing away with the system of the leasing properties. That will be phased out over a period of time and we are introducing a permit system that clearly stipulates that the ownership vests with the state. This will be by way of permits, and not by way of leases or ownership, when we deal with these properties.
The third big issue is the issue of reclamation. Reclamation is when you start taking part of the sea back and you make it part of the land. For example, in Coega, when you erect all those buildings there, that will be reclamation. If you have been to Dubai, you will see there are islands there that they are building in the sea and they are engaging in all kinds of funny activities on those islands. That is reclamation.
There was no proper procedure in the legislation to deal with that and we have now created that procedure. We have also clearly distinguished between reclamation when it is to do with the state, a parastatal or an organ of state, and when it is private. We have set out very clearly what the role of the executive will be, and what the role of Parliament will be.
If any of you follow these reclamations, you will know that they’re a den of iniquity, corruption and bribery anywhere in the world. So, we have made sure that we have created transparent and open processes that Parliament can particularly be part of when there is private reclamation. Those procedures are set out very clearly in the Act.
There are three other issues that weren’t in the Act, which you can read in the resolutions. I do not have the time for that.
The Minister has already dealt with the Protected Areas Amendment Bill, the last Bill. As you know, under the previous administration the Department of Agriculture, Forestry and Fisheries and the Department of Tourism were all under one department. The new administration removed the Department of Agriculture, Forestry and Fisheries and the Department of Tourism from the Department of Water and Environmental Affairs, and the legislation in the Marine Living Resources Act dealt with those matters. However, in terms of a proclamation of the President, the environmental issues were dealt with by the Minister of Agriculture and Fisheries.
The Ministers are now passing a piece of legislation to deal with their aspects. This legislation will deal with those aspects that the President gave to our department in the proclamation and the legislation will now take marine protected areas and place them under the whole protected areas regime for which we have legislation. That is the long and the short of it. The Minister will retain her usual powers of determining protected areas and what can be done in those areas, etc. Those aspects have not been amended.
I once again thank everyone who has worked very hard in trying to get all these matters before Parliament. I hope that we will get the protected areas voted on soon and that the South African Weather Service Amendment Bill will also be brought back so that we can finalise that Bill before rising. I thank you so much. [Applause.]
Mrs M WENGER: The National Environmental Management: Air Quality Act has been in operation since 2005. However, the national Department of Environmental Affairs, as well as their provincial counterparts, identified certain provisions in the Act that were absolete. The national norms and standards have now been set and the Act now finally provides for a more effective regulatory framework for air quality control and compliance, as well as enforcement.
During the public participation phase, the committee took note of the various inputs by NGOs, companies and individuals. Enforcement and compliance have been a huge problem throughout the country. The uncontrolled emissions have caused huge health problems in communities, and the big companies have been flouting the law and ignoring the plight of those communities. Therefore, we welcome clause 4 under section 29, which seeks to provide for monitoring, evaluation and reporting requirements on the implementation of the approved pollution prevention plan.
The insertion of the new section 22A in the Act is a move in the right direction and will assist in taking action against emission activities that take place without the necessary authorisation. We also welcome the establishment by the Minister of the national Air Quality Advisory Committee, which will be advising the Minister on quality-related matters.
In many instances, the metropolitan and district municipalities have failed in their duty of taking decisions within the timeframes provided and prescribed. Now, clause 5 of the Bill provides for the MEC or the Minister, as the case may be, to take decisions on the issuing of atmospheric emission licences. Should the MEC not deal with this matter or not have the necessary capacity to fulfil these duties, the Minister will become the issuing authority. Agreeing to this amendment, the committee was mindful of the powers and functions of the municipalities and provinces.
The insertion, under clause 10 of subsection 3 in section 41 of the Act provides for the issuing of a one-year provisional atmospheric emission licence from the date of commissioning. A further one-year option is provided for based on good cause shown to the licensing authority.
The Bill provides for five instances where the Minister will be the licensing authority for applications for the atmospheric emission licence instead of the relevant municipality. These are, namely, where the provincial organ of state is the applicant; where there are cross-boundary activities; a Cabinet-declared activity of national priority; activities related to the National Environment Management Act and the Waste Act; and activities relating to mining. When the Minister issues atmospheric emission licences in a mining area, this must be done after consultation with the relevant municipality.
The National Environmental Management: Protected Areas Amendment Bill of 2013 is an important piece of legislation towards ensuring a sound framework for South Africa’s conservation for the present and future generations. The Act provides for the protection and conservation of ecologically viable areas representative of South Africa’s biological diversity, and its natural landscapes and seascapes.
The purpose of the Protected Areas Amendment Bill is to give effect to the separation of functions between fisheries and environmental management by removing the marine protected areas, MPAs, from the Marine Living Resources Act being regulated by the Department of Agriculture, Forestry and Fisheries incorporating the MPAs into the National Environmental Management: Protected Areas Act.
The Protected Areas Amendment Bill now focuses on incorporating marine protected areas into the existing protected areas regime. Marine protected areas have become a flagship of marine conservation programmes in many parts of the world. In line with the international community’s conservation agendas, South Africa, too, through this Bill, will begin to shape and translate its policies for the marine protected areas.
Marine protected areas offer a range of benefits for fisheries and the marine environment by providing safe havens for depleted fish stocks to recover. They also provide services to local communities that depend on the sea and its resources, increasing food security and reducing poverty.
We must be mindful of the MPAs’ targets, as the one-size-fits-all approach will not suit all habitat types. Objectives must be treated with caution and the MPAs must be seen as a tool to be considered in the overall goal of achieving sustainable use of the oceans. The DA will support the Bills. Thank you. [Applause.]
Ms B L FERGUSON: Hon Deputy Speaker, Deputy President, Ministers and members, the Integrated Coastal Management Amendment Bill is for all practical reasons an improvement on the 2008 Integrated Coastal Management Act, a positive move that innovatively gives greater powers regarding coastal protection.
It amends powers relating to leases, inclusive of transitional arrangements, and draws specific attention to offences and the increase in penalties. Cope is encouraged by the legal and obligatory responsibilities it provides for, and the attempts it makes regarding correction and clarification of terminology, which make this Bill friendlier.
We appreciate the recognition of the public participation processes, and thus the inclusion of the coastal protection zone, which was previously omitted.
It is progressive and encouraging in the right direction, in protecting our environment and resources, and seeks clarity regarding coastal waters.
While it is essential to regulate and set the criteria for the environmental impact assessment applications for coastal activities, Cope notes, for the sake of future good governance relations, that it is equally important to undertake a study of the real effects of these changes. We also need a responsive database on offenses and penalties and a clear undertaking of court jurisdiction. Notwithstanding this, the Bill is an improvement and Cope thanks the Minister for her foresight.
One of the objectives of the Air Quality Amendment Bill is to align the establishment of the national Air Quality Advisory Committee with the requirements of the National Environmental Management Act of 1998. If we remember, last November we debated the National Environmental Management Laws Amendment Bill, the Nemla Bill, giving the Minister political and legal powers to take action against other government departments regarding violations of environmental issues.
These issues often affect our people, resulting in serious health consequences. In rural areas of South Africa waste collection is almost nonexistent. In urban areas children are dying as a result of the illegal dumping of waste chemicals. Other pollution activities include the contamination of water, and pollutants as a result of illegal mining. Cope supports the insertion of section 22A and urges the Minister to act swiftly, using this law to halt the destruction of the environment, specifically in the Mpumalanga area.
For the first time the International Agency for Research on Cancer has declared that air pollution is a carcinogen, alongside known dangers such as asbestos, tobacco and ultraviolet radiation. Emissions of soot and other air pollutants are also blamed for causing climate change. Pollution poisons plants and can block sunlight, stunting their growth. The Bill, when implemented, will protect our health and aid crop growth in areas like Mpumalanga, where farming is affected by illegal mining activity.
In the communities in the South Durban townships of Wentworth, Merebank and the Bluff, who are in close proximity to the oil refineries, ambient air pollution reporting will come in handy. This Bill will bring the environmental justice that has eluded these communities from the apartheid era to this day. They have been bearing the health costs associated with the petrochemical industry. These include high levels of asthma, severe chest complaints and cancer. This Bill will help them monitor the air quality and then give them the tools to take appropriate action.
The purpose of the National Environmental Management: Protected Areas Amendment Bill is to give effect to the presidential proclamation, separating the functions of fisheries and environmental management by removing the marine protected areas from the Marine Living Resources Act and incorporating the marine protected areas into the National Environmental Management: Protected Areas Act. Therefore, the amending Bill focuses on the incorporation of marine protected areas into the existing protected areas regime.
The Bill also provides for the protection and conservation of ecologically viable areas representative of South Africa’s biological diversity and its natural landscapes and seascapes; the establishment of a national register of all national, provincial and local protected areas for the management of those areas in accordance with national norms and standards; and intergovernmental co-operation and public consultation in matters concerning protected areas.
Without a systematic approach under one Ministry, this Bill will float between departments and may become the subject of unique and different interpretations. We must remain vigilant.
Cope supports all the Bills. These Bills may not be embraced with the same passion and interest that Minister Pravin Gordhan’s Budget Speeches are. However, I can assure you, without the protection of our air quality, water and environment, the most grandiose of budgets won’t matter.
I would also like to acknowledge the cohesion of this committee under the chairmanship of the hon De Lange. I believe we worked well together to create these results today, and, of course, I am not forgetting the work of the department.
Finally, in the words of Theodore Roosevelt:
Here is your country. Cherish these natural wonders, cherish the natural resources, cherish the history and romance as a sacred heritage, for your children and your children’s children. Do not let selfish men or greedy interests skin your country of its beauty, its riches or its romance.
I thank you. [Applause.]
Ms J MANGANYE: Deputy Speaker, hon Deputy President, Ministers, Deputy Ministers and Members of Parliament, traditionally climate change and pollution were managed separately in different spatial scales. However, in recent years there has been a considerable advancement in the understanding of the links and interaction between climate change and air quality. A warmer, evolving climate is likely to have severe consequences for air quality due to the impact from all pollution sources and meteorology.
Climate-induced changes are likely to lead to changes in both the concentration and the dispensation of near surface ozone that could offset improvement in air quality. The control of air pollution through air quality management is also likely to have an impact on climate change.
Improved understanding of the relationship between air quality and climate change provides a scientific basis for policy intervention. South Africa’s approved National Climate Change Response Policy is intended to effectively manage inevitable climate change impact through an intervention that will build up and sustain our social, economic and environmental resilience and emergency response capacity, ensuring that the country makes a fair contribution to the globe.
Air pollution is a serious environmental health threat to human beings. Adverse effects range from nausea, difficulty in breathing, skin irritation, birth defects and immunosuppression to cancer. Moreover, the severity of health outcomes that are associated with air pollution exposure is not uniform within the population.
In South Africa the problem is exacerbated, since vulnerable communities reside on land that is in close proximity to the pollution sources or polluted areas. It is estimated that air pollution costs the public health system over R3 billion each year to address air quality-related respiratory infections. This pollution includes greenhouse gas emission, which is the cause of human-induced global warming and climate change.
It is necessary to address air pollution in the dense low-income communities in such a way that all interventions are carried out in an effective and co-ordinated manner to ensure that the overall goal of ambient air that complies fully with the National Ambient Air Quality Standards in South Africa and in communities is achieved. In this regard, the ANC-led government has developed and continues to fine-tune the legislative framework for air quality management.
Continuous air quality monitoring is conducted to measure and report on compliance with the National Ambient Air Quality Standards, which places more emphasis on the protection of human health, especially in the national priority areas where there are challenges in regard to meeting the standard, and the implementation of the Air Quality Management Plan to address the problem.
The purpose of the National Environmental Management: Air Quality Act of 2004 was to replace the outdated Atmospheric Pollution Prevention Act of 1965, and it brought air quality management in line with the constitutional allocation of functions between the three spheres of government. The Act provides for the establishment of national norms and standards; a Framework for Air quality Management; a planning and reporting regime; and numerous regulatory instruments for the control of air pollution, compliance and enforcement.
While certain sections of the Air Quality Act of 2004 have become obsolete, South Africa has advanced its effort to provide a vision for climate change. As is encapsulated in the National Climate Change Response White Paper, the amending Bill identifies certain provisions of the Air Quality Act that have become obsolete.
Of importance, though, in the amending Bill, is the strong emphasis on strengthening institutional aspects pertaining to air quality, which in the long term will fit into all the actions that are relevant to the mitigation of climate change.
One of the critical components of the amending Bill is to ensure that plans, procedures, regulations and other administrative issues are strengthened. As some of the members have already mentioned, it will strengthen the entire sphere – provincially, locally and at national level.
In conclusion, one should not lose sight of the fact that the ANC’s National Policy Conference in June 2012 reaffirmed its pursuance of the environmental protection agenda as an important element of a sustainable development agenda. It recognises that the country has to effectively adapt, and manage unavoidable and potentially damaging climate change impact through interventions that build and sustain South Africa’s social, economic and environmental resilience.
The ANC supports the National Environmental Management: Air Quality Amendment Bill, as amended by the Portfolio Committee on Water and Environmental Affairs. I thank you. [Applause.]
Mrs C N Z ZIKALALA: Hon Deputy Speaker, it has been a pleasure for me to serve on this committee, whose members have, despite minor differences, been largely of one mind in dealing with the challenges that are associated with the protection and conservation of our environment. The Bill before us seeks to further such protection and conservation and the IFP wholly supports this Bill.
The weather Bill and its amendments quite aptly deal with and update offences committed in terms of the principal Act and establish custodianship of the SA Air Quality Information System, and the national Air Quality Monitoring Network. The amendments to the National Environmental Management: Integrated Coastal Management Act implement further steps to ensure that our coastal zones remain productive, and their ecosystems stable.
We agree that their successful management will require a holistic approach. A multisector approach to this end is the right way to go, and concerted efforts to create government and business partnerships are essential in this regard. The tightening up of clauses dealing with the provisions for offences and penalties is also very necessary and most welcome.
In the Air Quality Amendment Bill, we particularly welcome the removal of discretionary power held by the Minister in terms of section 13 thereof and look forward to the establishment of the national Air Quality Advisory Committee. This particular amendment is a good example of committee and public interaction, and is evidence to us that there is a healthy and functioning portfolio committee.
Regarding the National Environmental Management: Protected Areas Amendment Bill, there was a split function between the Department of Water and Environmental Affairs and the Department of Agriculture, Forestry and Fisheries on matters relating to marine life. However, we trust that the departments remain of one mind regarding the protection our marine environment and that this split function will not be used as an excuse for any delays in regard to the mandate associated therewith.
According to a recent study conducted by the United Nations, over 75% of the world’s fisheries are fully exploited, over-exploited or significantly depleted. Some species have already been fished to commercial extinction, while many more are on the verge. Sub-Saharan Africa is now the only region on earth where per capita fish consumption is actually falling, partly because foreign fishing fleets have removed so much fish. Our marine life and its habitat require the utmost protection.
In this regard, we also support all calls for a moratorium on applications for bulk extraction of minerals on the seabed until sensitive offshore marine ecosystems along our coastline are adequately protected, as habitat destruction will lead only to a greater depletion of the already depleted marine fish reserves.
In conclusion, the IFP supports these Bills. We support a healthy environment. We support a bounteous land for future generations and will do everything within our power to ensure that this occurs. I thank you. [Applause.] [Interjections.]
SEKELA SOMLOMO: Lungu elihloniphekileyo, Zikalala, kudala ixesha lakho liphelile, musa ukundixhaphaza. [Kwahlekwa.] [The DEPUTY SPEAKER: Hon member, Zikalala, your time expired a long time ago; don’t abuse me. [Laughter.]]
Nk P BHENGU: Phini likaSomlomo, Phini likaMongameli, oNgqongqoshe, malungu ahloniphekile, ngizoqala nje ngisho ukuthi, njengoba eseshilo uSihlalo, ukuthi kunezinye izigatshana ezizobuya zingene kulo Mthetho we-National Environmental Management: Protected Areas, kodwa-ke ngizoqhubeka ngikhulume ngawo lo Mthethosisivinywa. (Translation of isiZulu paragraph follows.)
[Ms P BHENGU: Deputy Speaker, Deputy President, Ministers and hon members, I’ll start by saying, as the chairperson has said, that there are subsections that will be added to the National Environmental Management: Protected Areas Amendment Bill. However, I’ll continue to talk about the Bill.]
The ANC believes that all citizens of South Africa at present and in the future have the right to a life of wellbeing. Accordingly, the broad objectives of our environmental policy are aimed at fulfilling this right. The ANC’s policy objective is, therefore, to develop a framework aimed at creating conditions conducive to sustainable development. This requires that a growth strategy is compatible with ecological and human rights principles, and that growth is geared towards the provision of basic needs to benefit the whole community.
The work being facilitated under the biodiversity and conservation programme is underpinned by the desire to ensure that South Africa’s rich biodiversity and natural resources are sustainably used and conserved. The other key priority is to facilitate and promote fair access to and equitable sharing of socioeconomic benefits from biological resources.
The ANC-led government has facilitated the process of adding a further 1,9 million ha of land surface under formal protection to the Register of Protected Areas by adding the declared privately owned protected areas, bringing the total coverage of South Africa’s protected areas to 7,7% of the country. This constitutes a total of 9,5 million ha of South Africa’s 121,9 million ha of land surface. This is part of the continuing work of increasing the country’s protected area to above 10%, and towards the internationally agreed figure of at least 17% of terrestrial and inland water areas, and 10% of coastal and marine areas, especially areas of particular importance for biodiversity and ecosystem services which are conserved.
These efforts are a contribution to a global effort towards conserving ecosystems, endangered species, habitats and valued cultural landscapes by creating an effectively and equitably managed, ecologically representative and well-connected system of protected areas and other effective area-based conservation measures, and integrating this system into the wider landscape and seascape.
In terms of the National Environmental Management: Protected Areas Act, No 57 of 2003, the system of protected areas in South Africa consists of special nature reserves, national parks and protected environments, as well as World Heritage Sites, especially protected forest areas, forest nature reserves and forest wilderness areas, mountain catchment areas and marine protected areas.
The amending Bill under discussion today, however, specifically refers to amendments to authorise the declaration of marine protected areas and to provide for the management of marine protected areas.
The amending Bill focuses on the incorporation of marine protected areas in to the National Environmental Management Act: Protected Areas regime. The Marine protected areas are currently regulated under the marine Living Resources Act of 1998, with the exception of certain provisions which are regulated in terms of the Protected Areas Act.
Fisheries and marine environmental management were previously administered by the then Department of Environmental Affairs and Tourism. In 2009, via a presidential proclamation, the fisheries function was transferred from the Minister responsible for environmental affairs to the Minister responsible for agriculture, forestry and fisheries. It is necessary to provide for legislation to give proper effect to the restructuring of the two departments and Ministries.
The following parts are, therefore, inserted in chapter 3 of the principal Act, and provide that the Minister may declare an area as a marine protected area” or “as part of an existing marine protected area” and “assign a name to the marine protected area".
It is, however, stated that such a declaration may only be issued inter alia to: conserve and “protect marine and coastal ecosystems;” conserve and “protect marine coastal biodiversity;” conserve and “protect a particular marine or coastal species, or specific population and its habitat;” and, “if the area contains scenic areas”, to conserve them and “protect cultural heritage”.
It is also stated that, despite any other legislation, no person may, in a marine protected area, amongst others: “fish or attempt to fish”, “take or destroy any fauna or flora”, undertake any dredging or extraction of sand, rock, gravel or minerals, “discharge or deposit waste or any other polluting matter”, “in any manner which results in an adverse effect on the marine environment, disturb, alter or destroy the natural environment or disturb or alter the water quality or abstract sea water”.
The resource usage restrictions that a marine protected area implies are very likely to affect different groups of people and stakeholders in different ways. When planning a marine protected area, it is important to ensure that it will not deprive particular groups of their livelihood, without providing alternatives. This is particularly important for coastal marine protected areas in the context of poverty or in areas with limited livelihood options. The designation of marine protected areas needs to be based on a combination of bioecological and socioeconomic criteria, ensuring long-term sustainability, but also considering and mitigating short-term costs.
Hon Speaker, I would like to conclude by saying that the use of marine protected areas has taken on a greater importance lately in discussions on how to protect marine ecosystems and reverse the degradation of aquatic habitats. We have to do our bit to preserve our marine resources for future generations, and accept the establishment of marine protected areas as one of the tools to be used towards the overall goal of achieving the sustainable use of oceans.
Therefore, the ANC supports the National Environmental Management: Protected Areas Amendment Bill. Thank you. [Applause.]
Mr W M THRING: Hon Deputy Speaker, the ACDP believes that, as custodians of our planet, we have the inalienable right to protect our environment, whether it is on land, in the sea or in the air.
This responsibility cannot be entrusted or transferred to multinationals, big or small businesses, or the environmentalists alone, but must be a collaborative effort of the private and public sector, nongovernmental organisations and civil society.
It is the belief of the ACDP that these Bills will go a long way toward ensuring that we are indeed serious about protecting our national environmental assets. We are endeavouring to provide for our children and future grandchildren an environment in which they are able to live, work and play without endangering their lives or destroying the flora, fauna and animal species with those protection we have been entrusted.
The ACDP welcomes the adoption of an integrated approach in dealing with the management of our environment, as well as the creation of the Air Quality Advisory Committee and the capacitating of our local government to ensure compliance with respect to the quality of our air. One has only to study the number of respiratory health cases in the Wentworth, Merebank and Bluff communities in the Durban South Basin area to understand that there is indeed a causal link between poor air quality and respiratory diseases.
The ACDP believes that the placement of our marine protected areas under the authority of the Department of Water and Environmental Affairs is indeed a better placement, and will serve to mitigate the devastating impact that exploitation has on our marine protected areas.
The ACDP commends the Water and Environmental Affairs Portfolio Committee for their hard and diligent work on these amending Bills, to which the ADCP gives its support. Thank you. [Applause.]
Mrs D R TSOTETSI: Hon Deputy Speaker, Deputy President, Ministers and Deputy Ministers, hon members and all our visitors, marine and coastal environmental assets provide and sustain a wide range of economic, social and ecological services that are the foundation of the livelihoods of millions of South Africans, which underpin national and international transport, coastal tourism and fisheries industries.
South Africa’s policy and regulatory framework to facilitate sustainable coastal development and conservation is outlined in the 2009 Integrated Coastal Management Act, which enables the ANC government to focus on the formulation of coastal management strategies, spatial development and management plans, norms and regulations that guide sustainable development and conservation programmes. In essence, the policy aims to achieve sustainable coastal development through a dedicated and integrated coastal management approach, in partnership with all South Africans.
In this regard, the 2012 ANC National Policy Conference recognised that the pursuance of the environmental protection agenda is an important element of the sustainable development agenda, food security and the promotion of economic growth, and that it would require, amongst others, long-term coastal planning.
Deputy Speaker, the question is often asked: Why is there a need for dedicated coastal management legislation? Is the coast not simply part of the general environment, and is it not already covered by existing environmental legislation?
The coast is a unique part of the environment. It is the meeting place of the land and sea, a limited spatial area that supports many human activities. The coast is a distinctive system in which a range of considerations, biophysical, economic, social and institutional, interconnect in a manner that requires a dedicated and integrated management approach.
In 1992, the year in which the World Summit on Sustainable Development took place in Rio de Janeiro, and Agenda 21 was published, the ANC government embarked on a process to change the way South Africa’s coast would be managed, from an ad hoc and fragmented approach to an inclusive and integrated approach.
The amending Bill offers a new and fresh approach to managing the activities of poor people in the coastal zone and is based on a national vision for the coast, which includes the socially justified sharing of benefits derived from a resource-rich coastal area without compromising the ability of future generations to access those benefits.
A welcome addition to the Bill is the provision for improved management of estuaries. In terms of the Bill, an overarching national estuary management protocol will be established to ensure that estuaries are managed in a co-ordinated and standardised manner, and that minimum requirements for estuarine management plans are provided.
The amending Bill presents an opportunity to proactively reduce incidents of illegal developments and inappropriate and unsustainable land use, planning and practices along the coast, thus reducing potential future loss of life and property due to storms and other ocean dynamics.
In this regard, the Bill states that: “When determining or adjusting the inland coastal boundary of coastal public property, the Minister must take into account” a variety of factors, among which, “are the dynamic nature of the shoreline”, the need to make appropriate allowance for... the periodic natural movements in the high-water mark; and... the erosion... of the seashore”.
The use of the term “coastal public property” was a shift away from resource-centred management, and placed the ownership of large areas of the coastal zone, which is vested in the citizens, in trust by the state. The intention of coastal public property is to prevent exclusive use of the coast by facilitating access to and sustainable use of the productive coastal resources for the benefit of all South Africans. The amending Bill defines the exact composition and purpose of coastal public property, which are to protect sensitive coastal ecosystems.
What is of great importance is that no organ of state may reclaim land for the development of state infrastructure unless authorised by the Minister, and that reclaimed land may not be utilised other than in accordance with the purpose stated in the original application and conditions of the authorisation. An application for reclamation for purposes other than the development of state infrastructure will only be considered in exceptional circumstances which are not contrary to the purpose of coastal public property.
Hon Speaker, this amending Bill signals a fundamental shift in thinking about our coast and ushers in a new era for coastal management. It is rooted in the understanding that our coast is a national asset and belongs to all the people of South Africa. It recognises that our coast is a place of value, opportunity and potential, and that it is a diverse, special and distinctive place and is also a driving force in the national economy, with an enormous future development potential. To harness this potential, we need to manage our coast wisely.
The ANC supports the Integrated Coastal Management Amendment Bill. Thank you. [Applause.]
Mr F A RODGERS: Hon Deputy Speaker, coastal areas and coastal resources are vital to the development and future, not only of those occupying these areas, but also our country. It is estimated that almost half the world’s population live in coastal areas and are dependent on the resources in these areas. It is therefore of utmost importance that a sound coastal management system is enforced to ensure sustainability in our coastal areas.
We need to remain cognisant of the challenges of climate change - increased level of the sea, storm damage and nutrient regulation all factors that have a direct effect on the livelihood and future of coastal communities, including commercial fisheries, boat building, trade, tourism, agriculture and coastal city dwellers.
It is with the above in mind that the National Environmental Management: Integrated Coastal Management Amendment Bill seeks to amend the National Environmental Management: Integrated Coastal Management Act of 2008. Coastal management has experienced a number of concept shifts since 1970. The evolvement of the Integrated Coastal Management Act has resulted in an Act of Parliament that recognises the ecological, social and economic interactions at the ocean and the land interface.
The Act created the principle of “coastal public property” which identifies and defines territorial water up to the high water mark and includes everything below the high water mark. Ownership, as you heard from the chairperson, of these natural assets is vested in the citizens of the Republic of South Africa and held in trust by the state.
The Bill further seeks to address the challenges experienced in the leasing of coastal public property, currently not adequately addressed in the Act. The Act did not deal clearly with the impact of coastal community property on other organs of state owning assets and operating within that land space. Coastal leases and concessions are now replaced with coastal use permits in terms of sections 65 and 66, and the maximum period is now 20 years.
The proposed amendment Bill seeks to further address some the following. Firstly, these is the designation of the coastal access strip. Currently, the Act does not allow for intervention, should a municipality fail to designate coastal access land. The Bill now mandates the MEC to intervene in terms of sections 18 and 19 of the Act, should a municipality not comply, and it mandates the Minister, should the MEC fail to comply with his or her duty.
It is now up to municipalities to ensure compliance in terms of section 18(c)(9). The Department of Water and Environmental Affairs has been tasked with undertaking an investigation in this regard to determine to what extent municipalities have complied. It will be interesting to access this information, taking into account the current lack of accountability in certain spheres of local government.
The Bill further proposes in terms of section 27 to remove the power to exclude areas from coastal public property. This is specifically due to the challenges faced during the past with Transnet with ownership, about which the chairperson has also given detail.
Section 70 of the Act now expands categories of activies requiring dumping permits. This is an activity that is ever on the increase and is an easy method of waste disposal by certain unscrupulous operators, an activity that needs close monitoring.
The Bill further revises offences and increases penalties. Those who continue to flaunt their abuse of our environment for their own benefit can now look forward to a fine of up to R2 million or imprisonment of up to five years, or both, in terms of section 80.
Excluded from the Bill, but of major concern to the portfolio committee, was the following: sea mining and seabed mineral resource exploration and exploitation. It is vitally important that the department develop legislation and a strategy to ensure that any activity of this nature is strictly regulated, in order to protect our environment.
Shipping incidents along the South African coastline have also been a cause of concern. With recent incidents and the subsequent environmental impacts, it is of great importance that a review of current legislation is undertaken, including by all departments, to ensure that the potential danger of shipping and marine pollution is monitored and regulated with the relevant responsible departments.
Speaker, the DA supports this vital piece of legislation. However, adopting legislation is only the first step. The key challenge, particularly with the scope our environment, is the implementation and regulation.
Speaker, kindly afford me the opportunity to thank the members of the portfolio committees on all political sides and the department heads and staff for their commitment. I must also in particular thank hon De Lange for his input and his dedication to the portfolio - we are extremely fortunate to have a person with his legal knowledge and understanding as our leader.
However, having given the good news, hon Speaker, I wish to raise my concern in this forum today regarding the attendance of both the Minister and the Deputy Minister of Water and Environmental Affairs, who have not managed to attend one portfolio committee meeting since I became a member of this esteemed House some eight months ago. Now, does this show dedication towards the cause, and does it show drive and service delivery, when in fact both the Minister and the Deputy Minister have found plenty of time to travel internationally at our expense? I say, if we are going to take this portfolio further, we should do it collectively! Thank you. [Interjections.] [Applause.]
Mr J J SKOSANA: Hon Chairperson, hon Deputy President, hon Ministers, hon Deputy Ministers and hon members, let me start by thanking all members of the portfolio committee who participated in dealing with this legislation that we are discussing today. Our thanks also go to our Ministers and the Cabinet in general, who have allowed us to debate this legislation in our portfolio committee and here in Parliament today.
I must also thank all participants who came to the portfolio committee meetings to make presentations and voice their views. These were addressed, some were incorporated in the legislation itself, some were rectified, and so on. This means that we as the portfolio committee under the leadership of the hon Johnny de Lange welcome everyone who wishes to come and present their case in regard to legislation. Our legislation always works with public participation and we allow everybody, even the political parties we are working with, to participate.
I must say to the hon Thring, I should think you are the only member who is not part of this family, but we thank you for your input today. You are also welcome to make your input. Even if you are only making it here today, we accept it. In the cases that you alluded to here in regard to poor air quality management, I should think that is why we are discussing this legislation in this Parliament today, because we want to pass this legislation in order to prevent that.
I want to refer to the issues raised by the member of Cope when she spoke about the responsive data relating to penalties. It is through that in this legislation that the data collection will be in place during the implementation. We will get it. It will be transparent. Anyone who defaults, anyone who is engaged in pollution issues, will be brought to book. That is why you have this legislation today.
Farming in Mpumalanga is affected by air pollution today. That is true. I know that you are referring to the Secunda area, which has many mines, as well as Witbank. What you are saying is true. I must say, however, that we in the portfolio committee, debated this and we gave this information to the administration in order for them to assist us in attending to all these problems. The legislation will give us more power in dealing with these forms of air pollution.
I am pleased to state that in the discussion in the meeting of the Portfolio Committee on Water and Environmental Affairs on 29 October 2013 the members of the committee unanimously voted to adopt the four amending Bills being debated in this House today. In addition, on behalf of the ANC, I propose that we adopt this Bill, that we support the Bill and its adoption in this Parliament.
Allow me to highlight a few items that arose during the deliberations on these amending Bills.
In the discussion on the National Environmental Management: Air Quality Amendment Bill, it was mentioned that there would be a provision for retrospective application of the law to companies that had been under the previous legislation. In some cases industries might have expanded their activities without an updating of the environmental impact assessment. Where no EIA was conducted, section 24(g) of the National Environmental Management Act would be applicable.
Where a municipality failed to provide a licence within the required timeframe, as was alluded to by the Minister and the chairperson, the new clause would allow for the member of the executive committee or the Minister to intervene. I should think that is a step forward, and it is a Bill that will give powers to the executive and the Minister in dealing with these issues.
With reference to the National Environmental Management: Integrated Coastal Management Amendment Bill, we were of the opinion that reclaimed state-owned land would have to be registered and that there should thus be a reference to the title deeds for that land.
In both state and other applications, the details of the funding should be included as part of the necessary information. This would prevent corruption. Furthermore, there did not seem to be any procedure to cover a pre-approval being ratified by Parliament.
Relating to the dumping of effluent, we were satisfied with the R5 million penalty, as contained in section 80, as some of the substances contemplated could be very poisonous. In extreme cases, this penalty might not even be enough. We did not think the fine could be increased, but perhaps the jurisdiction of the court could be changed in the most serious cases. If a person was convicted in a High Court, the limits in the legislation could be set aside and the court could set its own sentence. Ten years’ imprisonment might even be insufficient. I thank you. [Applause.]
The MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS: Hon House Chairperson, let me take this opportunity to thank all hon members who have participated in this very important debate on our three Bills. It has already been indicated that our chairperson is, indeed, leading this committee very well. Thank you very much, and thanks to all our hon members.
There are a few issues that have been raised that I thought were quite important for me to reflect on a bit, firstly from the side of committee members, particularly the hon members Manganye and Tsotetsi. A very important aspect of what we are dealng with in the environmental arena is the agenda on sustainable development as set by the ANC. All these Bills that are in front of us do, indeed, deal with that. I also include the two that are still coming. We would like to indicate to and assure this august House that this is the path that we are going to be travelling from now on, ensuring that there are development, growth and environmental integrity, all at the same time.
The hon member Rodgers and somebody else raised the issue of sea bed exploration. I would like to indicate that we are currently still developing a policy that will deal with that issue. It does not mean, however, that we do not have tools we can use to address these issue now. Together with our departments, my colleague in the Department of Mineral Resources, Minister Shabangu, and I have a very good working relationship, as does the public out there who work with us as NGOs, and so on. There is a need for us to really strengthen implementation of these Bills once they become Acts, and we undertake to do that.
An issue I should deal with quickly is that of shipping incidents. There is legislation that has been developed together with Treasury and Transport that deals with this issue of shipping incidents, and I think hon members can refer to that area.
The last issue I want to deal with is the very important words of praise and wonderful accolades given to the chairperson of the committee and to the entire committee. However, ...
... een lammetjie gaan sommer uit ... [... one little lamb went out on a limb ...]
... and he said something – I do not know where he gets it from! Let me just say, in the first instance, that when we leave this country with the Deputy Minister, we represent South Africa. There is never a single trip that is a study tour, like other hon members on my left undertake.
An HON MEMBER: Do not point fingers!
The MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS: We are representing South Africa only in areas where decisions are made ...
An HON MEMBER: So, who takes those decisions?
The MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS: ... and those decisions are made on behalf of South Africa, with us present. [Interjections.] The ANC government is governing. Tell him! Tell him! [Interjections.]
An HON MEMBER: Governing badly!
The HOUSE CHAIRPERSON (Mr M B Skosana): Order! Order! Order, please!
The MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS: Let me tell you something. The hon member has not been to all the portfolio committee meetings. [Interjections.] We come to those portfolio committee meetings. As a matter of fact, when we were preparing for this Budget Vote this year, we appeared before that committee. He arrived at the portfolio committee meeting, took part in the discussion and debated the matter, and just threw stones from nowhere. [Interjections.] We were there! We attend upon invitation, so please, do not be “laat lammetjies” [Johnnies-come-lately] and lost “lammetjies” [lost sheep] ... [Laughter.] ... saying things that originated who knows where. [Interjections.] Thank you very much. [Applause.]
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move:
That the Reports on the National Environmental Management: Integrated Coastal Management Amendment Bill and the National Environmental Management: Air Quality Amendment Bill be adopted.
Motion agreed to.
Report on National Environmental Management: Integrated Coastal Management Amendment Bill accordingly adopted.
Report on National Environmental Management: Air Quality Amendment Bill accordingly adopted.
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move:
That the Report on the National Environmental Management: Protected Areas Amendment Bill as well as the National Environmental Management: Protected Areas Amendment Bill [B 8B – 2013] be referred back to the committee for further consideration.
Motion agreed to.
Report and Bill accordingly referred back to the committee for further consideration.
National Environmental Management: Integrated Coastal Management Amendment Bill read a second time.
National Environmental Management: Air Quality Amendment Bill read a second time.
LEGAL METROLOGY BILL
(Second Reading debate)
The MINISTER OF TRADE AND INDUSTRY: House Chair, it’s a pleasure to introduce what I think is a Bill that will command broad support in this House, the Legal Metrology Bill of 2013.
The International Organisation of Legal Metrology defines legal metrology as, and I quote:
... the application of legal requirements to measurements and measuring instruments.
Legal metrology is thus concerned with measurements that directly affect consumers, and ensures the quality and credibility of measurements that are used directly in regulations and in areas of trade.
It deals with the risks of misuse of measuring instruments, and of tampering and accidental influences on measuring instruments as well as with issues like the traceability of measurements, thus providing an appropriate level of credibility of measurement results in the regulatory domain. In a broader sense, legal metrology covers the protection of society in areas of health, safety and the environment, and is thus concerned with the interaction between regulations and measurements.
The Legal Metrology Bill which is before the House today replaces the Trade Metrology Act of 1973 which, after 40 years, is outdated and does not provide for the regulation of legal metrology instruments but is limited only to some parts of that, namely weights and measures, and ensures that measurements made by industries when trading using scales, meters and other measuring equipment are accurate.
Legal metrology will afford the same kind of assurance with additional measurements, such as those with respect to water consumption, speeding on the roads, blood pressure determinations, and so on.
This Bill will be administered by the National Regulator for Compulsory Specifications, who will be charged with contacting this and is part of the broad DTI family. Over the course of this administration we have sought, as a matter of important policy, to strengthen and bring to the forefront the work of technical infrastructure institutions, also known as standardisation, quality assurance and metrology institutions. We have coined a phrase to say that the role of the technical infrastructure institutions is on the one hand to “lock in” South African products to import and export markets by enabling them to meet the standards and requirements of entry into those markets. At the same time, and this concerns the work of the National Regulator for Compulsory Specifications, the role of technical infrastructure is to “lock out” the substandard South African market products that are harmful to health and consumer interests, and also create unfair competition to South African produces that meet the standards.
As already indicated, the Legal Metrology Bill essentially takes forward the principles that were there in earlier legislation by expanding the scope of trade metrology to legal metrology, and allows for a broader range of measurements in the environment of commerce and industry. The strengthening of the enforcement of legal metrology within an appropriate legislative framework supports industrial development in all the ways that I have indicated.
This Bill also brings about a significant change in the structure and corporate governance of the National Regulator for Compulsory Specifications. These changes are encapsulated in clause 42 of the Bill, as well as in schedule 2. The National Regulator for Compulsory Specifications, which administers this Bill, is currently overseen by a board. Through the passage of this Bill this will change to a governance structure where the chief executive officer will report directly to the Department of Trade and Industry, in fact, to the Minister of the department. This is done to implement a decision that we have taken, of bringing regulators closer to the department to improve efficiency and to cut out unnecessary layers of bureaucracy in between.
Legal metrology impacts on our everyday lives. It affects many of our ordinary day-to-day decisions - the meat we buy from the butchery, the prepacked staple such as mealie meal, or the volume of fuel that we buy. All of these are subject to measurements of one sort or another. We assume that the litre of fuel that we buy is in fact a litre, but how much gas, or fumes, does it include as well as the liquid. If these transactions are not accurately measured according to regulations, then we as consumers pay too much for the product and we are cheated in this way. Government can also lose out on tax revenue.
I think that this is a piece of legislation that is technical in nature. I want to commend the portfolio committee for the work which they did in organising public hearings and in improving the Bill. I have no hesitation in commending the Bill to the House. I trust that it will draw broad support across the House. Thank you very much. [Applause.]
Mrs J D KILIAN: Chairperson, on a point of order: I just want to say that the system is actually incorrect. The hon Minister had five minutes according to the agreed time, but the system reflected two minutes. I think it is just important that we restore the integrity of the system.
The HOUSE CHAIRPERSON (Mr M B Skosana): Yes, I think they have corrected it now in the process.
Ms J L FUBBS: Hon Chair, hon Deputy President, hon members of this House, colleagues, comrades and the people of South Africa to whom this Bill is directed as beneficiaries, the enactment of the Legal Metrology Bill will underpin the quality and credibility of regulatory instruments in the health, safety, environmental and trade domains. It will do this through traceability of measurement and development of technical regulations.
Metrology is the science of measurement and its application. It represents something we value so much in our own country. It represents trust in the results obtained. South Africa's national metrology system represents infrastructure that enables the performance and application of measurement for purposes that mirror the economic and social core of our nation.
South Africa is committed to industrialisation to create jobs and grow the economy. Our strategic trade underpins industrialisation. South Africa's standards, quality assurance and metrology regulatory entities work together seamlessly to ensure our products and goods meet international requirements.
The Legal Metrology Bill strengthens South Africa's planned priorities, the Industrial Policy Action Plan, the New Growth Path and the National Development Plan.
The National Regulator for Compulsory Specifications will, through this Bill - and this is what is so important - put the imprimatur stamp of sound metrology and quality assurance on all goods produced or manufactured in our great country, South Africa. [Applause.]
The Legal Metrology Bill will ensure uniformity of and conformity to measurement requirements. With regard to those who flout the law, leading to a loss of credibility of our products and services, and even loss of lives - of infants, mothers and even you yourselves, should you be in an accident – we say “thank heaven there is a 10-year penalty for our courts to consider.” [Laughter.]
Indeed, the purpose of the Legal Metrology Bill, I want to repeat and repeat as a mantra, is to give confidence to you and me, me in my urban area and you in your rural areas, where sometimes you think we do not hear you. This will ensure that your lives get even greater protection.
When you fill up your car, and more importantly when buying your groceries and so on, you can be sure that you are getting the weight that is printed on the label. During blood pressure measurement blood pressure scales get you five different measurements, and you are not sure what to believe. [Interjections.] That is going to change. Don’t tell me that you haven’t had your blood pressure measured!
Is this a new thing? No, it is not a new thing. It has been going on for more than 5 000 years. As countries - perhaps there weren’t countries then – as nation states and societies, they said it was important for their authorities, their governments or their states to take these measurements into account to protect them. Hence, a symbiotic relationship developed between the state and measurements to provide protection and services, and to plan and defend them, and in turn, of course, to raise the necessary revenue.
The ANC government has always been committed to developing an enabling environment in which people, especially formerly economically and politically dispossessed people, could and can now rely on the state to provide such protection and facilitate an architecture that is equitably driven so that you can thrive no matter where you are living in South Africa. You know that what you manufacture or produce will get a standard and imprimatur stamped on it so that it can successfully compete internationally.
Let me tell you, for the ordinary businessman worried about his pocket, when ships are overloaded they have to be unloaded due to what has happened and this has to be reported in the media. Here goods have been found to be overweight and had to be unloaded at great cost to whoever produced them, who were hoping to benefit from the profits.
How long did we go on before we came about? I said it was 5000 years ago that it started, but in modern history most of us in the House have heard of the French Revolution. Well, apart from anything else, that was also a revolution about the haves and the have-nots. It was about feudalism, those in charge of the feudal system and their right to nonuniformity and inconsistency in measures and units to the detriment of the poor, the have nots. This contributed to the inequalities and ensured inconsistency of measures, and even fraud and constant disputes.
Indeed, one of the victories of the French Revolution was the establishment of a uniform system of weights and measures, out of which grew the metric system. We are all working with this, and South Africa is pioneering steps forward. We are determined in South Africa to overcome the current challenges in this regard through the Legal Metrology Bill.
Land is, of course, another sensitive issue. It’s a highly critical issue that will also benefit from measurements relating to prescribed purposes as designated in the Bill. The Legal Metrology Bill should be seen as an overarching Bill on measurement, really overarching. For example, in the sale of land or property it is applied to any such transaction. The regulations that are prescribed there will take into account the existing legislation. Thus the concerns that we raised in this regard will fall away.
Now, one vital issue is of fees. The private sector said their business would be taken away: “Oh, you are undercutting us!” The fact of the matter is that the National Regulator for Compulsory Specifications has a fixed scale of fees and verification fees are charged accordingly. They are acknowledged by the private sector. We know that the private sector has to charge market rates - fair enough. Nevertheless, there is a sound working relationship between the two sectors. They work together very well.
They are also both experiencing shortages of staff in different directions. May I add with respect to legal metrology that they have also introduced an intern system. There are 11 interns and a training system is under way, and, yes, they are working together with the private sector. They are saying, “Let us see where we can fill in here and there.” When expertise is lacking, of course, they make themselves available.
This is not a simple technical Bill. It is a Bill whose enactment and implementation will directly improve the quality of life of all South Africans, especially the most vulnerable who don't have the resources to contest metrology challenges.
The ANC therefore supports this important piece of legislation. I have every reason to believe that every member of this House will support this. I thank you. [Applause.]
Dr W G JAMES: Chair, hon members, Legal Metrology casts into law measures that guarantee that instruments using current norms accurately measure what needs to be measured, such as a car’s speed, the pressure of our blood, our blood alcohol content, units of electricity, litres of petrol, weights of trucks at weighbridges, the directions of a compass and the rhythmic intervals of music.
We take it for granted that the things that measure what needs to be measured are accurate, and it is accurately done, but in order to add certainty to certainty we have the Legal Metrology Bill before us. Having such a system is vital in building trust in the use of expert knowledge in the service of better lives for all.
The purpose of the Bill, as you have learnt, is to promote fair trade by providing market inspectors for a capacity check that, when we buy goods sold by weight, for example, the scales measure the displayed mass of what is inside the bottles, and to better protect public health and safety by regulating the way in which measuring instruments are used, stored, serviced, repaired and handled.
For example, it is critical that blood pressure monitors in hospitals and clinics read accurately, and when, it comes to combating drunk driving, that the alcohol analysis machines are incontrovertibly precise and stand up to the most rigorous scrutiny in a court of law.
Finally, the Bill empowers the National Regulator for Compulsory Specifications to administer and to enforce all legal metrology regulations in our country. The ability of the National Regulator for Compulsory Specifications to do so requires staff capacity to reach into the clinics in the remotest parts of our country to ensure that medical devices work properly. However, we are not convinced that the National Regulator for Compulsory Specifications has enough budget to do so.
Chair, this Bill is uncontroversial and we in the committee have jointly solved all of its problems of substance, which were, firstly, that, the Bill as tabled provided that market surveillance inspectors, and verification and repair officers, all had to be employees of the NRCS. As we know, we have a thriving private industry in instrument repair and verification. The Department of Trade and Industry was very happy to change this. Now the Bill says that only market surveillance inspectors need to be state employees. As long as their qualifications are certified by the NRCS, the other related technical professionals may be drawn from the private sector.
Secondly, the DA is viscerally opposed to the making of laws by regulation and is opposed to giving any Minister discretionary powers, especially this Minister who, in his admirable devotion to hard work, is also overzealous in his unbridled enthusiasm to regulate everything that moves. However, in the area of legal metrology the regulation of measuring instruments must comply with the SA National Standards, as determined by the SA Bureau of Standards, the international standards for conformity assessment and calibration of legal metrology instruments, and the Convention on the International Organisation of Legal Metrology. As these standards and conventions are themselves constantly changing as technology and metrological science advance, there is a need, indeed, to allow the Minister to issue regulations. We have no problems with that at all.
It is one thing, hon members, to ensure instrumentation quality. It is quite another thing for human beings to use these instruments properly. The use of instruments, especially in the health sphere, more often than not requires sophisticated training. Also, the Minister of Health must assure us that he is satisfied with the quality of professional and paraprofessional training. The Ministers of Co-operative Governance and Traditional Affairs and those responsible for safety and security must assure us that traffic officers and the police know how to use breathalysers properly.
Chair, the Bill is uncontroversial in that it provides for fairer trade and will better protect consumers from unscrupulous traders and substandard service, some of which is a matter of life and death.
I must finally bring to the attention of Minister Davies the problems that the Western Cape roads executive have had with type approval for breathalysers, as they have had with conformity and type approval with truck weighbridges. The Minister would do very well to engage with provinces on this particular subject.
The DA supports the Legal Metrology Bill. Thank you. [Applause.]
Mr G B D MCINTOSH: Chairman, this Bill, as we have heard, is a very small technical Bill, but if we didn’t have it, our country would be in crisis. Indeed, we can be thankful for the technocrats in our Public Service who have the skills and knowledge to give effect to these important laws. Thank you, all of you, for your inputs into this Bill.
Mr Speaker, it was President Julius Nyerere who warmly looked forward to South Africas becoming a free and liberated nation, because he saw the technology and skills that South Africa already had as adding prestige to all of Africa.
This Bill reaffirms Mwalimu’s wisdom because it demonstrates that there have been technologically high international standards in measurements for over 100 years. The first measuring law was drafted in 1902, the year in which the Anglo-Boer War ended and a laboratory was established soon after in Pretoria, where I as a very small boy stood fascinated to see what one pound looked like as the standard measure. Managing our trade and ensuring honesty in business needs a Bill like this.
You know, Mr Speaker, a document called “Ready to Govern” was produced by the ANC in the 1990s. I always thought that there was a note of apprehension and whistling in the dark in the very title of that document.
What we have learnt now in our portfolio committee, and our chairlady, to her credit, freely admitted it, is that this Bill is not some little technical matter, but a vital and important law for doing the work of running a modern urban and industrialised society, as we are in South Africa. It is having the legal and technical infrastructure in place, of which this Bill is part, that enables South Africa to take its place as part of the Brazil, Russia, India, China and South Africa, group of nations.
On Thursday, Mr Chairman, I was at Saldanha and there we saw the Department of Trade and Industry not doing its proper, technical job. Its meeting, which was the very important delivery of a special economic zone to the licensee, was hijacked by the Deputy Minister of Foreign Affairs, Mr Marius Fransman. I saw him in action and I must say that after his anti-Semitic remarks and a few other things he said, all I could think of was “gauleiter”. He was a scandal, and the Minister has had a letter from me setting out my views on that. The ANC could easily have had a rally before or after the meeting, at which the President and Mr Fransman could have spoken. I must continue with a comment on the President. At that meeting he gave the ANC a little lecture on what proper democracy means, and I think he deserves our recognition for doing that.
There’s a quotation from the Good Book, which means people will know it, ...
Ms J L FUBBS: Mr Speaker, it could be that one couldn’t hear clearly what the hon member was saying, but I think there’s been a slight misrepresentation of the facts. We were all there and, in fact, President Zuma was at pains to clarify things. May I also ask: Can he speak to the Bill?
The HOUSE CHAIRPERSON (Mr M B Skosana): Hon member that is not a point of order. You are also expressing an opinion. Go ahead, hon member.
Mr G B D MCINTOSH: Mr Chairman, if we apply ...
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Chairperson, the real point of order is that when the Bill is supposed to be being read for the second time, people speaking on it must speak on the content of the Bill. [Interjections.]
The HOUSE CHAIRPERSON (Mr M B Skosana): Hon member, that is correct - we should stick to the content of the Bill.
Mr G B D MCINTOSH: Mr Chairman, my understanding is that the Second Reading debate is a wide open debate. Moreover, we are dealing with something from the Department of Trade and Industry and they need not be embarrassed about what happened in Saldahna because it is the truth.
Mrs M T KUBAYI: Chair, we are requesting that the member to stick to the Rules. Rule 253 is very specific. Can the member stick to the Rules of the House and not contest them?
Mr G B D MCINTOSH: Mr Chairman, I would rather take my instructions from you and not from another member of this House. Shall I now go back to the Bill, Mr Chairman? [Applause.] [Interjections.]
There is quotation from in the book of Proverbs the Good Book, that says: “The Lord detests the use of dishonest scales, but He” - the Lord – “delights in accurate weights.”
In isiZulu we have a word for “honesty”. It is “ubuqotho”, which means “integrity”. Of course, it is not only the mass or weight, that has to be measured, with is important for the goods we buy, but also the alcohol limit in your blood and the speed at which you travel, as well as the ingredients ... [Time expired.] [Applause.]
Mr P F SMITH: Chairperson, Deputy President and colleagues in the House, I am not a member of this committee. I’m merely rising on behalf of my colleague who’s indisposed as you know. He would like to say that the science of metrology engenders certainty, and therefore confidence in our measurement standards on a national and also a comparative global basis. It also provides a reference analysis in the event of a measurement dispute, and maintains and develops primary methods for chemical analysis in order to certify reference materials for South Africa and the region.
Many of the members before me spoke about the obvious advantages of the Bill, and I don’t wish to repeat any of that, but a concern that was raised by one member is also a concern of my colleague, namely that the National Regulator for Compulsory Specifications, which is said to be understaffed and underresourced, will have to enforce the legislation. It is also said that it doesn’t have the necessary inspection facilities to ensure legal compliance. Colleagues, we trust - and we are saying this to the Minister in particular - that this will be addressed by the department and we look forward to a new financing model that will place the NRCS in a position to fulfil its mandate, as anticipated in the Bill.
We agree with the registration of all repairers, which will bring confidence to consumers, who can now be assured of certain uniform standards of repair that will assist in the elimination of rogue repairers.
Chair, this is an uncontroversial, though important Bill, and we support it fully.
Mr Z G WAYILE: Hon Chairperson, hon Deputy President, all Ministers and Deputy Ministers, the director-general and staff from the Department of Trade and Industry, and all members of this important House, today marks another historic milestone in the number of pieces of legislation passed by the ANC government since the start of the democratic dispensation - that of introducing the Legal Metrology Bill for adoption by this Parliament.
The purpose of the Bill is to promote fair trade, and protect public health and safety, and the environment. Furthermore, the Bill provides for market surveillance by the National Regulator for Compulsory Specifications in order to ensure compliance with the legal metrology regulations.
Legal metrology is the entirety of the legislative, administrative and technical procedures established by or with reference to public authorities, and implemented on their behalf in order to specify and to ensure, in a regulatory or contractual manner, the appropriate quality and credibility of measurements relating to official controls, trade, health, safety and the environment. The application of the Legal Metrology Bill relates to the measurement of products and services. These are measurements in trade, safety and the environment.
In regard to health and the environment, the Bill specifically applies, for example, to the following areas. There are medical devices, some of which are syringes, blood pressure instruments and scales. These are devices that are involved in the medical measurement of, for example, temperature and blood. The importance of this is that an inaccurate measure of the scale of a syringe could result in an incorrect dosage, which might even lead to death. Secondly, there are safely measurements - measurements of speed and alcohol. The same is true for the safety measurements, where an incorrect measurement of alcohol content could have serious implications. Then there are environmental measurements, such as smoke emissions and water pollution.
The Bill, in sections 19 and 20, provides for verification officers, persons responsible for repairs, and market surveillance inspectors. Market surveillance inspectors are to monitor and enforce compliance with the provisions of the Legal Metrology Bill, and will inspect whether the product manufactured or offered for sale complies with metrological, technical regulations. This is to protect the user or the consumer from any incorrect measure that may lead to undesirable consequences. The Bill further makes provision for NRCS staff as market surveillance inspectors.
The Bill also makes provision for another organ of state to perform market surveillance, where an organ of state already exists and performs that task, in order not to have duplication. For example, the National Energy Regulator of South Africa is responsible for electricity meters. We don’t have to duplicate that particular task.
The above points, as provided for by the Bill, will put the user and the consumer at ease, knowing that the measurement given using a particular instrument will be correct, and that there will be no undesirable consequences which result in a catastrophic situation. This is indeed historic, and I firmly believe that because of the visionary character of the ANC, its understanding of the global environment, and its playing a leadership role as the glorious movement, it is an opportune time to realise that the ANC lives and leads.
In conclusion, with regard to some utterances, I think the Legal Metrology Bill has nothing to do with a protest action which happened as a result of service delivery challenges in the Western Cape. Hon Chairperson, the ANC supports the Legal Metrology Bill. [Applause.]
Mr W M THRING: Hon Chair, the ACDP wishes, firstly, to place on record its appreciation and thank the chairperson of the Portfolio Committee on Trade and Industry, the hon Mrs Fubbs, as well as all other members of the committee, who applied their minds to the drafting of this Legal Metrology Bill.
It is the understanding of the ACDP that this Bill was necessitated by international best practice, and is being introduced to replace the Trade Metrology Act, thus ensuring that South Africa does indeed have the technical infrastructure to guarantee that products originating in our country are safe and well suited to their intended purpose.
The Bill seeks to ensure the appropriate quality and credibility of regulatory measurement results in the health, safety, environment and trade domains through the traceability of measurements and the development of technical regulations. In addition, it encompasses the monitoring and enforcement of measurements in the appropriate domains, and consumer protection, as well as the levelling of the playing field for industry.
The ACDP is cognisant of the fact that globalisation is placing increasing demands on countries to ensure that those countries have the technical infrastructure to guarantee that products originating in their territories are safe and fit for purpose. Of critical importance to the ACDP is to understand that technical infrastructure which has not compromised standards, quality assurance, metrology and accreditation is also used in the Industrial Policy Action Plan. It is used to lock out noncompliant products and to lock in compliant South African products to export markets.
Hon Chair, the ACDP supports the Legal Metrology Bill, as it lays the foundation for maintaining and improving our regulatory institutions so that they remain relevant as the platform for economic efficiency and market access for all South African products. I thank you.
Mr X MABASA: Mutshamaxitulu, [Chairperson,] ...
... Deputy President, Ministers and Members of Parliament, challenges facing the democratic South Africa are influenced by science, information technology, and economic development, as the world is shrinking daily in a functional manner.
In the olden days scales were used in trading environments where beans, flour or meat would be put on a scale and all weighed the same way. In this way goods were sold to consumers. Nowadays most measuring instruments are digital, in keeping with the technological development of world standards.
Historically the regulator’s role was limited to examining the scales that I spoke of. He or she was limited to ensuring that those scales were well calibrated. The South African Bureau of Standards also played a great role in that regard.
What motivated amendment of the Act? The amendment of the Act was motivated by the fact that the tools that have to be monitored have increased in scope so that the responsibility of the DTI in this regard is wider than it was historically. Some of the new areas to be supervised by the National Regulator for Compulsory Specifications are blood pressure monitoring machines and electricity and water metering systems.
There is an essential relationship between the South Africa Bureau of Standards, the NRCS and the Department of Water Affairs. The regulator approves the measurement system, ensures that it can be used and monitors it continually to ensure that it is compliant. Some of the tools to be monitored and approved by the NRCS are speed trap measuring tools, so that cars that exceed the speed limit can be prosecuted successfully.
Consumers have to be protected in areas like thermometer usage and prepacked medications, eg, cough mixture. If measurements are not properly monitored it could result in death, as some speakers preceding me have said. Some of the verification functions are: supervising laboratories, verifying measuring instruments and focusing on users in the industry to ensure improved levels of service to the public.
Another motivation for this step to be taken is that rural areas are sometimes ignored by the private sector in this regard. The private sector is only focused on maximum profit and considers it uneconomic to meet verification needs in the industry in rural places. The regulator has an obligation to provide such a service.
One of the objectives of the Legal Metrology Bill is to protect consumers against unscrupulous, exploitative service providers and businesses. It is also to repair that measuring instruments and ensure they are in compliance. It is also to monitor the in manner of use, and the possession or sale of measuring instruments and products.
In regard to the repair of measuring instruments, the Bill allows people that repair instruments to be registered with a repair body. If they are not registered, they will be acting illegally and ...
... ijele liyobe libafanele impela. [... prison would be suitable for them.]
This is in line with ensuring that people with correct and adequate competencies repair measuring instruments.
Indaba yomkokotelo ayifuneki neze lapha. [We don’t need incompetent people.]
Secondly, the Bill allows for the elimination of conflict of interest with respect to the repair person and the person verifying the instrument of measurement, by not allowing the repair person to verify the instrument. In other words, you cannot be a technician who repairs the instrument and at the same time verify that the instrument is correct. The verification has to be done by another party. This will ensure that instruments of measurement that are not repaired correctly or have faults do not pass verification tests and get to measure incorrectly for the consumer. Further, the Bill allows for the person that does the repairs to give a guarantee to the user that the instrument of measurement has been repaired and measures correctly. This guarantee should be given before the instrument of measurement is utilised.
The above points, as proposed by the Bill, will put the user - the consumer - at ease that the measurement given when using that instrument is correct. Confidence is of utmost importance.
Moreover, should a person repairing an instrument of measurement not comply with the requirements of this Bill, that person is guilty of an offence.
Regarding the manner of use, the possession or the sale of measuring instruments and products, the Bill only allows for the sale of verified measuring instruments. It prohibits the sale of false, faulty or inaccurate measuring instruments. It also prohibits any person from making a false statement of quantity, incorrectly declaring the quality of a product, or misleading any person in regard to quantity. This further ensures that consumers buy the correct quantity of goods and are not misled into paying a certain amount for a smaller quantity.
Where are these accurate measurements needed? As the preceding speakers have said, they are needed, for example, on freeways where trucks carrying heavy loads that damage the roads are charged in accordance with the weight. It is important that the machinery that weighs them is accurate.
The industry itself is encouraged to do a whole lot of self-assessment and self-management, particularly of the areas of repair work and verification work. It must not always wait for government to criticise it - self-criticism is sometimes important for the industry.
As I finish my speech, let me say, hon McIntosh, that you were saved by the Chairperson. Otherwise ...
... bengizogibela phezu kwakho! [... I would be on your case!]
Chairperson, you really saved hon McIntosh.
Hon member James, I think you will agree with me that the DTI consults widely. On this Bill it consulted, held public hearings and also made sure that all interested parties made inputs so that by the time the Act is amended, all the inputs and concerns have been taken into account. In other words, I differ with you when you say that sometimes the Minister use shortcut routes. He always takes a long route, but an effective one. Thank you very much, members. [Applause.]
The MINISTER OF TRADE AND INDUSTRY: Chairperson, thanks to all participants in the debate and for the support for this important piece of legislation.
On the question of capacity to enforce, let me say that the Bill itself provides for a fee structure which is similar to the fee structure which the National Regulator for Compulsory Specifications, operates on at the moment. That’s a combination of public funding and the fees which are requested from the industry itself.
As far as enforcement is concerned, even if we got all the money that we could wish for, we are not going to be able to deal with enforcement through the mechanism of routine surveillance. The way we have to deal with this is by working smart, by intelligence-driven enforcement, and by building partnerships with affected stakeholders.
At the moment the NRCS is involved in setting standards which prescribe, for example, that paraffin stoves are supposed to be ones which, if they fall over or are knocked over, are not supposed to spill all the fuel and set fire to the entire settlement or all the buildings around it. They are supposed to be ones where the flame goes out as the thing falls over. We have plenty of others that are trying to enter the market and the NRCS is doing a good job intercepting those. It also deals with electricity apparatus, crash helmets, food products, medicines and all kinds of things which do not meet the specifications.
The way we do it is that we work in partnership with the Revenue Service. We also call on the industry players, who know what is outcompeting them because the standards are low. We are all for those kinds of partnerships. That’s how we are going to work with responsibilities in respect of legal metrology as well.
With respect to the question raised by hon James about breathalysers and weighbridges in the Western Cape, we deal with those matters in the spirit of co-operative governance, and the department concerned should approach us. I heard it first when hon James raised it. If the department concerned would like to contact us, we will, of course, consider their presentation. Thank you very much. [Applause.]
Bill read a second time.
CONSIDERATION OF REPORT OF STANDING COMMITTEE ON FINANCE - DRAFT SUPPLY CHAIN REGULATIONS ISSUED IN TERMS OF THE FINANCIAL MANAGEMENT OF PARLIAMENT ACT, 2009
Mr D D VAN ROOYEN: Chair, Deputy President, Ministers and Deputy Ministers, and colleagues, as we are all aware, the procurement of goods and services, and the disposal and letting of assets by Parliament, must be done in compliance with section 217 as set out in Chapter 13 of the Constitution of the Republic of South Africa. This has to be read in conjunction with schedule 3 of the Financial Management of Parliament Act, referred to as FMPA in this statement. The Preferential Procurement Policy Framework Act and the Broad-Based Black Economic Empowerment Act must also be considered.
The draft Supply Chain Management Regulations were prescribed by the executive authority and published for public comment in the Government Gazette of 4 February 2013, as required by the Financial Management of Parliament Act. These regulations may only come into effect after approval by Parliament; hence it is presented here today.
The Speaker of the NA and the Chairperson of the NCOP referred the draft Supply Chain Management Regulations in the ATC on 9 May 2013, to the Interim Joint Committee on Scrutiny of Delegated Legislation, as well as the Standing and Select Committees on Finance. The two committees considered comments from internal stakeholders and also considered the report on 22 and 24 October 2013.
I must indicate to the House that the DA decided to walk out of the first meeting, citing party activities. [Interjections.] They were led by the shadow minister, so what can you expect? They missed an opportunity. [Interjections.] In their desperate attempt to hold back our development agenda, the DA came to the second meeting to object to the reports being approved.
I must indicate that notwithstanding their objection, in fulfilling their mandate the two finance committees made the following discovery. In their absence, we established that the regulations provide for the definition of the conflict of interest. It is clearly defined and structured to accommodate all examples of business relationships, including those of the Parliamentary employee and his/her family. I must indicate that we also established that this definition is not a closed list.
In the absence of the DA, we also established that the regulations ensure that the accounting officer is empowered to exercise discretion regarding cancelling a bid when there are unforeseen eventualities.
I must also emphasise that this draft does not repeal the FMPA provision of prohibiting accounting officers from making fruitless and wasteful, unauthorised, or irregular expenditure.
In the absence of the DA, the two committees established that the regulations provide for the framework for appointment of the Bid Adjudication Committee and the functions of the committee.
In addition, the committees scrutinised whether there had been any unauthorised retrospective operations and saw to it that the regulations conformed to the objects of the principal Act.
We are delighted to report to this House that the proposed supply chain regulations comply with the provisions of the FMPA, chapter 6 and schedule 3, and cannot override the FMPA. Instead, the regulations are operational tools to implement the FMPA. Instead of chasing shadows, the two committees have satisfied themselves that the regulations comply with the provisions of the FMPA.
Hence, on behalf of the Standing Committee on Finance I submit the cited report to this House for approval. Ke a leboga Modulasetilo. [Thank you, Chairperson.] [Applause.]
There was no debate.
The CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move:
That the report be adopted.
Declarations of vote:
Mr T D HARRIS: House Chairperson, in Parliament last week we saw a shameful display when the ANC used its majority on our committee to prevent a debate in this House on the Financial Services Bill. With due respect to my friends on the Trade and Industry Committee, it is telling that this House has just debated the uncontroversial Legal Metrology Bill, supported by all parties, but last week would not debate a controversial Bill that divides the House.
Today, I am afraid we have sunk to a new low. Not only do the supply chain regulations that we are considering leave Parliament open to fraud and corruption, but they have not even been deliberated on by the Select Committee on Finance that submitted them to this House.
So, last week we had the ANC shutting down the debate after a Bill was considered by a committee. This week we see the ANC using its majority to prevent the actual deliberation by a committee. They did this by moving straight to the committee vote immediately after our committee has been briefed on the regulations. The committee did not debate the regulations - it did not deliberate on them and the members did not apply their minds to them. However, here we are, considering regulations that will define how Parliament procures goods and services.
I am sure members will all agree that they are critical for the management of this institution, but I am afraid to say that they are deeply problematic.
Firstly, the definition of a conflict of interest is subjective and so narrow that it allows employees themselves to decide if they have a conflict of interest or not.
Secondly, the Secretary to Parliament can condone any conflict of interest he sees fit to. He can also continue tenders that they no longer need in Parliament, including those that have come about through improper processes.
Thirdly, the regulations give no substantial rights or duties to the Bid Adjudication Committee. Such rights and duties are usually conveyed by Treasury directives under the PFMA, but the PFMA does not apply to Parliament. So, we needed to be specific in these regulations and we were not.
These aspects, amongst others, mean that the regulations leave our Parliament vulnerable to corruption.
The regulations are weak. They give too much unchecked power to the Secretary to Parliament and this is perhaps not surprising, because the Secretary has been allowed to function for four years without a legal supply chain management process. These regulations allow for this unfettered power to continue. The fact that they have been pushed through Parliament so fast, before our committee could even deliberate on them, raises serious questions about what the Speaker wants us to turn a blind eye to.
Members, can I urge you to reject these regulations ... [Interjections.] ... and request that the finance committee do its job ... [Interjections.] ... and apply its mind to the regulations before bringing them back for consideration by the House? Thank you. [Applause.]
Ms Z S DUBAZANA: Hon Chairperson, hon members and hon Deputy President, good afternoon. The ANC is here to confirm that the draft regulations on the supply chain management system have gone through a comprehensive process in Parliament.
The terms of reference which were set out for the committee to respond to have been met. In meeting these terms of reference the committee paid attention to the relevant sections of the Constitution, the principal Act and related legislation covering procurement, in particular the Preferential Procurement Policy Framework Act... [Interjections.] you do not think so because you were not in the meeting! The committee also considered the Broad-Based Black Economic Empowerment Act.
In terms of our mandate, we facilitated public involvement, and in particular that of the staff of Parliament, who are practitioners in the field of supply chain management. So, I do not understand what the hon Harris is saying. [Interjections.] I think you had better listen. They have been afforded the opportunity to propose whether the draft regulations should be amended or not.
What became clear to the committee at the end of the process was that there was no material matter of substance that required amendment, and the committee was unanimous on this matter. Today, we are hearing a different story!
With the exception of the single issue of drafting style, the draft regulations comply with the objects of the Financial Management of Parliament Act. Any suggestion that this process may have lacked expert opinion on the issue of procurement is without integrity.
The draft regulations issued in terms of the Financial Management of Parliament Act dwell extensively on ensuring that the regulations address the ongoing fight against corruption, a matter that the ANC has been seized with. Therefore, the ANC will definitely support these draft regulations. I thank you. [Applause.]
The HOUSE CHAIRPERSON (Mr C T Frolick): The motion from the Chief Whip of the Majority Party is that the Report be adopted. Are there any objections?
HON MEMBERS: Yes!
The HOUSE CHAIRPERSON (Mr C T Frolick): Since there are objections, I now put the question.
Question put: That the motion by the Chief Whip of the Majority Party for the Report to be adopted be agreed to.
The House divided:
AYES – 223: Abram, S; Adams, P E; Bam-Mugwanya, V; Berend, S R; Beukman, F; Bhengu, F; Bhengu, N R; Bikani, F C; Bonhomme, T; Booi, M S; Borman, G M; Boshigo, D F; Botha, Y R; Botha, T; Bothman, S G; Burgess, C V; Buthelezi, M G; Cebekhulu, R N; Cele, M A; Chabane, O C; Chikunga, L S; Chili, D O; Chiloane, T D; Chohan, F I; Coleman, E M; Cronin, J P; Cwele, S C; Dambuza, B N; Davies, R H; De Lange, J H; Diale, L N; Dikgacwi, M M; Ditshetelo, I C; Dlakude, D E; Dlomo, B J; Dlulane, B N; Dubazana, Z S; Dube, M C; Duma, N M; Dunjwa, M L; Ferguson, B D; Fubbs, J L; Gasebonwe, T M A; Gaum, A H; Gcwabaza, N E; Gelderblom, J P; Gina, N; Gololo, C L; Goqwana, M B; Gumede, D M; Hajaig, F; Hanekom, D A; Holomisa, S P; Huang, S-B; Jeffery, J H; Kganare, D A; Khoarai, L P; Kholwane, S E; Khumalo, F E; Khunou, N P; Kilian, J D; Koornhof, N N J v R; Koornhof, G W; Kota-Fredericks, Z A; Kubayi, M T; Landers, L T; Lekgetho, G; Line-Hendriks, H; Lishivha, T E; Luyenge, Z; Maake, J J; Mabasa, X; Mabedla, N R; Mabuza, M C; Madlala, N M; Mafolo, M V; Magagula, V V; Magama, H T; Magubane, E; Mahomed, F; Makasi, X C; Makhuba, H N; Makhubela-Mashele, L S; Makhubele, Z S; Malgas, H H; Maluleka, H P; Manamela, K B; Mandela, Z M D; Manganye, J; Mangena, M S; Manuel, T A; Mashatile, S P; Mashigo, R M; Mashishi, A C; Masilo, J M; Masutha, T M; Mathale, C C; Mathebe, D H; Mathibela, N F; Matlanyane, H F; Matshoba, J M; Maunye, M M; Mavunda, D W; Mayatula, S M; Maziya, A M; McIntosh, G B D; Mdaka, M N; Mdakane, M R; Mfulo, A; Mjobo, L N; Mkhulusi, N N P; Mlangeni, A; Mmusi, S G; Mnisi, N A; Mocumi, P A; Moepeng, J K; Mohai, S J; Mohorosi, M M; Mokoena, A D; Molebatsi, M A; Molewa, B E E; Moloi-Moropa, J C; Moloto, K A; Moni, C M; Morutoa, M R; Mosimane, C K K; Moss, L N; Motimele, M S; Motsepe, R M; Mpontshane, A M; Msimang, C T; Msweli, H S; Mthethwa, E N; Mufamadi, T A; Mushwana, F F; Muthambi, A F; Nchabeleng, M E; Ndabandaba, L G B; Ndabeni, S T; Ndebele, J S; Ndlovu, V B; Ndude, H N; Nel, A C; Nelson, W J; Nene, N M; Newhoudt-Druchen, W S; Ngcengwane, N D; Ngcobo, B T; Ngcobo, E N N; Ngele, N J; Ngubeni-Maluleka, J P; Ngwenya, W; Ngwenya-Mabila, P C; Nhlengethwa, D G; Njikelana, S J; Njobe, M A A; Nkwinti, G E; November, N T; Ntapane, S Z; Ntuli, B M; Ntuli, Z C; Nxesi, T W; Nxumalo, M D; Nyekemba, E; Oliphant, M N; Pandor, G N M; Peters, E D; Petersen-Maduna, P; Phaahla, M J; Phaliso, M N; Pilane-Majake, M C C; Pule, D D; Radebe, B A; Radebe, J T; Radebe, G S; Ramathlodi, N A; Ramatlakane, L; Ramodibe, D M; Saal, G; Schneemann, G D; Segale-Diswai, M J; September, C C; Shabangu, S; Sibanyoni, J B; Sibiya, D; Sindane, G S; Singh, N; Sisulu, L N; Sithole, K P; Sizani, P S; Skosana, M B; Skosana, J J; Smith, P F; Smith, V G; Sogoni, E M; Sonto, M R; Sosibo, J E; Suka, L; Sulliman, E M; Surty, M E; Swanepoel, D W; Thabethe, E; Thibedi, J D; Thobejane, S G; Tinto, B; Tlake, M F; Tobias, T V; Tsebe, S R; Tseke, G K; Tsenoli, S L; Tshabalala, J; Tshwete, P; Twala, N M; Van Der Merwe, L L; van Rooyen, D D; Van Wyk, A; Wayile, Z G; Williams, A J; Xaba, P P; Xasa, T; Yengeni, L E; Zikalala, C N Z; Zulu, B Z.
NOES – 45: Boinamo, G G; Bosman, L L; Coetzee, T W; De Freitas, M S F; Dreyer, A M; Duncan, P C; Esau, S; Farrow, S B; George, D T; Harris, T D; James, W G; Kalyan, S V; Kloppers-Lourens, J C; Kohler-Barnard, D; Kopane, S P; Krumbock, G R; Lamoela, H; Lorimer, J R B; Lotriet, A; Marais, E J; Marais, S J F; Maynier, D J; Michael, N W A; Mileham, K J; Motau, S C; Mubu, K S; Ollis, I M; Rabotapi, M W; Rogers, F A; Ross, D C; Schafer, D A; Shinn, M R; Steenhuisen, J H; Steyn, A C; Steyn, A; Stubbe, D J; Swart, M; Swathe, M M; Van Dalen, P; Van den Berg, N J; Van Der Linde, J J; Van Der Westhuizen, A P; Van Schalkwyk, H C; Waters, M; Watson, A.
ABSTAIN – 1: Thring, W M.
Question agreed to.
Report accordingly adopted.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON SPORT AND RECREATION - OVERSIGHT VISIT TO MPUMALANGA, LIMPOPO, FREE STATE, NORTH WEST, WESTERN CAPE AND NORTHERN CAPE PROVINCES
Mr M M DIKGACWI: House Chairperson, Deputy President, Ministers, Deputy Ministers and colleagues, the portfolio committee conducts oversight only to monitor whether government programmes and the transformation agenda in sport are being implemented by government. The committee has been to all nine provinces. Three provinces were visited last year and the remaining six were visited this year.
We made the following observations on these trips. We noted that in some provinces like the Free State, the private sector had also assisted in sport provision; an artificial sport facility had been donated by Harmony Gold Mining to a rural school in the Free State; and 52 artificial turfs were going to be built through the 2010 Fifa World Cup Legacy - so far 27 have been completed and we have seen them, while the remaining 25 are in the pipeline.
I wish to quote uTat’uMandela, who once said:
Sport has the power to change the world. It has the power to inspire, it has the power to unite people in a way that little else does. It speaks to youth in a language they understand. Sport can create hope, where once there was only despair. It is more powerful than governments in breaking down racial barriers.
[Interjections.] Ungandingxameli. [Do not rush me.]
We think provinces should emulate the way in which the Free State and KwaZulu-Natal do their work because, when they consult, they consult all the stakeholders, that is, the municipalities, schools and loveLife, and they have set up one integrated programme with them.
We say sport is a catalyst for social cohesion and the social development of young people who are at school and also those who are out of school. It provides them with a sound basis for discipline, values, and healthy lifestyles, and their chances of remaining at school are better.
We request Parliament to adopt this report. Thank you, House Chairperson. [Applause.]
There was no debate.
The CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move:
That the Report be adopted.
Motion agreed to.
Report accordingly adopted.
The HOUSE CHAIRPERSON (Mr C T Frolick): Order! We will now take Orders 13 to 42 together as they appear on the Order Paper. These are the budgetary review and recommendation reports.
CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON AGRICULTURE, FORESTRY AND FISHERIES
CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON DEFENCE AND MILITARY VETERANS
CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON MINERAL RESOURCES
CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF STANDING COMMITTEE ON FINANCE ON NATIONAL TREASURY
CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF STANDING COMMITTEE ON FINANCE ON STATISTICS SOUTH AFRICA
CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON ECONOMIC DEVELOPMENT
CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS
CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON RURAL DEVELOPMENT AND LAND REFORM
CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON TOURISM
CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON ENERGY
CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES - PERFORMANCE OF DEPARTMENT OF CORRECTIONAL SERVICES IN 2012-13 AND FIRST QUARTER OF 2013-14
CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON POLICE
CONSIDERATION OF BUDGET REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON POLICE – 2012-13 ANNUAL REPORT AND STRATEGIC PLAN OF INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE
CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON BASIC EDUCATION - PERFORMANCE OF DEPARTMENT OF BASIC EDUCATION FOR THE 2012-13 FINANCIAL YEAR
CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON HOME AFFAIRS - PERFORMANCE OF DEPARTMENT OF HOME AFFAIRS FOR 2012-13 FINANCIAL YEAR
CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON PUBLIC WORKS
CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON SCIENCE AND TECHNOLOGY
CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON HEALTH
CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON SOCIAL DEVELOPMENT
CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON HIGHER EDUCATION AND TRAINING
CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON LABOUR
CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON ARTS AND CULTURE
CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF STANDING COMMITTEE ON APPROPRIATIONS - DEPARTMENT IN THE PRESIDENCY FOR PERFORMANCE MONITORING AND EVALUATION
CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF THE PORTFOLIO COMMITTEE ON PUBLIC ENTERPRISES
CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON TRADE AND INDUSTRY
CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON WATER AND ENVIRONMENTAL AFFAIRS -DEPARTMENT OF WATER AFFAIRS
CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON WATER AND ENVIRONMENTAL AFFAIRS - DEPARTMENT OF ENVIRONMENTAL AFFAIRS
CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON SPORT AND RECREATION - PERFORMANCE OF DEPARTMENT OF SPORT AND RECREATION FOR 2012-2013 FINANCIAL YEAR
CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES
There was no debate.
The CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move:
That the Reports be adopted.
Motion agreed to.
Mrs S V KALYAN: Chairperson, would you record the objection of the DA to Order No 14, Consideration of Budgetary Review and Recommendation Report of the Portfolio Committee on Defence and Military Veterans.
The HOUSE CHAIRPERSON (Mr C T Frolick): The objection is noted. Are there any further objections? [Interjections.] None.
Budgetary Review and Recommendation Report of Portfolio Committee on Agriculture, Forestry and Fisheries accordingly adopted.
Budgetary Review and Recommendation Report of Portfolio Committee on Defence and Military Veterans accordingly adopted (Democratic Alliance dissenting).
Budgetary Review and Recommendation Report of Portfolio Committee on Mineral Resources accordingly adopted.
Budgetary Review and Recommendation Report of Standing Committee on Finance on National Treasury accordingly adopted.
Budgetary Review and Recommendation Report of Standing Committee on Finance on Statistics South Africa accordingly adopted.
Budgetary Review and Recommendation Report of Portfolio Committee on Economic Development accordingly adopted.
Budgetary Review and Recommendation Report of Portfolio Committee on Co-operative Governance and Traditional Affairs accordingly adopted.
Budgetary Review and Recommendation Report of Portfolio Committee on Rural Development and Land Reform accordingly adopted.
Budgetary Review and Recommendation Report of Portfolio Committee on Tourism accordingly adopted.
Budgetary Review and Recommendation Report of Portfolio Committee on Energy accordingly adopted.
Budgetary Review and Recommendation Report of Portfolio Committee on Correctional Services on Performance of Department of Correctional Services in 2012-13 and First Quarter of 2013-14 accordingly adopted.
Budgetary Review and Recommendation Report of Portfolio Committee on Police accordingly adopted.
Budget Review and Recommendation Report of Portfolio Committee on Police – 2012-3 Annual Report and Strategic Plan of Independent Police Investigative Directorate accordingly adopted.
Budgetary Review and Recommendation Report of Portfolio Committee on Basic Education on Performance of the Department of Basic Education for the 2012-13 financial year accordingly adopted.
Budgetary Review and Recommendation Report of Portfolio Committee on Home Affairs on Performance of Department of Home Affairs for 2012-13 Financial Year accordingly adopted.
Budgetary Review and Recommendation Report of Portfolio Committee on Public Works accordingly adopted.
Budgetary Review and Recommendation Report of Portfolio Committee on Science and Technology accordingly adopted.
Budgetary Review and Recommendation Report of Portfolio Committee on Health accordingly adopted.
Budgetary Review and Recommendation Report of Portfolio Committee on Social Development accordingly adopted.
Budgetary Review and Recommendation Report of Portfolio Committee on Higher Education and Training accordingly adopted.
Budgetary Review and Recommendation Report of Portfolio Committee on Labour accordingly adopted.
Budgetary Review and Recommendation Report of Portfolio Committee on Arts and Culture accordingly adopted.
Budgetary Review and Recommendation Report of Standing Committee on Appropriations on Department in the Presidency for Performance Monitoring and Evaluation accordingly adopted.
Budgetary Review and Recommendation Report of the Portfolio Committee on Public Enterprises accordingly adopted.
Budgetary Review and Recommendation Report of Portfolio Committee on Trade and Industry accordingly adopted.
Budgetary Review and Recommendation Report of Portfolio Committee on Water and Environmental Affairs on Department of Water Affairs accordingly adopted.
Budgetary Review and Recommendation Report of Portfolio Committee on Water and Environmental Affairs on Department of Environmental Affairs accordingly adopted.
Budgetary Review and Recommendation Report of Portfolio Committee on Sport and Recreation on Performance of Department of Sport and Recreation for 2012-2013 financial year accordingly adopted.
Budgetary Review and Recommendation Report of Portfolio Committee on Women, Children and People with Disabilities accordingly adopted.
The House adjourned at 18:52.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
FRIDAY, 1 NOVEMBER 2013
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1. Draft Bills submitted in terms of Joint Rule 159
(1) Infrastructure Development Bill, submitted by the Minister of Economic Development.
Referred to the Portfolio Committee on Economic Development and the Select Committee on Economic Development.
(2) Public Administration Management Bill, submitted by the Minister for the Public Service and Administration.
Referred to the Portfolio Committee on Public Service and Administration and the Select Committee on Cooperative Governance and Traditional Affairs.
1. Introduction of Bills
(1) The Minister for the Public Service and Administration
(a) Public Administration Management Bill [B 48 – 2013] (National Assembly – proposed sec 76) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 36981 of 30 October 2013.]
Introduction and referral to the Portfolio Committee on Public Service and Administration of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.
In terms of Joint Rule 154 written views on the classification of the Bills may be submitted to the JTM. The Bills may only be classified after the expiry of at least three parliamentary working days since introduction.
National Assembly and National Council of Provinces
1. The Minister of Police
(a) Proclamation No 22, published in the Government Gazette No 36689, dated 23 July 2013: Notification by President in respect of emnities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of the Act.
(b) Proclamation No 23, published in the Government Gazette No 36689, dated 23 July 2013: Notification by President in respect of emnities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of the Act.
(c) Proclamation No 24, published in the Government Gazette No 36689, dated 23 July 2013: Notification by President in respect of emnities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of the Act.
(d) Proclamation No 25, published in the Government Gazette No 36689, dated 23 July 2013: Notification by President in respect of emnities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of the Act.
(e) Proclamation No 26, published in the Government Gazette No 36689, dated 23 July 2013: Notification by President in respect of emnities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of the Act.
(f) Proclamation No 27, published in the Government Gazette No 36689, dated 23 July 2013: Notification by President in respect of emnities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of the Act.
(g) Proclamation No 28, published in the Government Gazette No 36689, dated 23 July 2013: Notification by President in respect of emnities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of the Act.
(h) Proclamation No 29, published in the Government Gazette No 36689, dated 23 July 2013: Notification by President in respect of emnities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of the Act.
(i) Proclamation No 30, published in the Government Gazette No 36689, dated 23 July 2013: Notification by President in respect of emnities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of the Act.
(j) Proclamation No 31, published in the Government Gazette No 36689, dated 23 July 2013: Notification by President in respect of emnities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of the Act.
(k) Proclamation No 40, published in the Government Gazette No 36857, dated 20 September 2013: Notification by President in respect of entities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of the Act.
(l) Proclamation No 41, published in the Government Gazette No 36857, dated 20 September 2013: Notification by President in respect of entities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of the Act.
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4. Progress report of the Portfolio Committee on Communications on the filling of a vacancy on the Media Development and Diversity Agency (MDDA) Board, dated 31 October 2013:
The Portfolio Committee on Communications, having considered the request by the Minister in The Presidency: Performance Monitoring and Evaluation as well as Administration to the National Assembly to recommend a candidate, in terms of section 4 of the MDDA Act, 2002 (Act No 14 of 2002), to fill a vacancy that will arise due to the expiry of the term of office of Ms Nadia Bulbulia as a member of the Board on 31 December 2013, referred to it for consideration and report (see ATC 14 August 2013), reports as follows:
The Committee invited the public to nominate a person for consideration and recommendation to the President for appointment to the Board by means of advertisements in the print media.
The Committee received 28 nominations and subsequently shortlisted the following five candidates: Ms Noxolo Mtana, Ms Nosipho Kota, Mr Howard Plaatjies, Mr Roland Williams and Mr Ratha TR Ramatlhape
The interviews are scheduled for 5 November 2013 at Parliament.
Report to be considered.
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MONDAY, 4 NOVEMBER 2013
2. Introduction of Bills
(1) The Minister of Economic Development
(a) Infrastructure Development Bill [B 49 – 2013] (National Assembly – proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 36980 of 30 October 2013.]
Introduction and referral to the Portfolio Committee on Economic Development of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.
In terms of Joint Rule 154 written views on the classification of the Bills may be submitted to the JTM. The Bills may only be classified after the expiry of at least three parliamentary working days since introduction.
1. The Speaker
(a) Report of the Public Service Commission (PSC) on the Fact Sheet on Finalised Cases of Financial Misconduct for the 2011/2012 Financial Year – February 2013 [RP 103-2013].
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2. Report of the Standing Committee on Appropriations on its study tour to Uganda and Kenya from 29 June to 06 July 2013, dated 30 October 2013
The Standing Committee on Appropriations having undertaken an international study tour to the Uganda and Kenya from 29 June to 06 July 2013, reports as follows:
The Standing Committee on Appropriations (the Committee) was established in terms of the Money Bills Amendment Procedure and Related Matters Act, No 09 of 2009 (the Act). In terms of section 4(3) of the Act, each House must establish a Committee on Appropriations whose powers and functions include considering and reporting on the following matters:
* Spending issues;
* Amendments to the Division of Revenue, the Appropriation Bill, Supplementary Appropriation Bill and the Adjusted Appropriation Bill;
* Recommendations of the Financial and Fiscal Commission (FFC);
* Reports on actual expenditure published by the National Treasury (section 32 reports); and
* Any other related matters.
In addition to the above mandate, the Committee has been given an extended mandate by the National Assembly Rules Committee on 1 November 2011, in terms of Rule 199 (b) to assume the legislative and oversight function over the Department in the Presidency for Performance Monitoring and Evaluation, including the National Youth Development Agency.
1.1 Delegation of the trip
The delegation from Parliament was as follows:
1. Mr EM Sogoni (Chairperson, African National Congress)
2. Ms R Mashigo (African National Congress)
3. Ms AT Mfulo (African National Congress)
4. Dr SM Van Dyk (Democratic Alliance)
5. Mr N Singh (Inkatha Freedom Party)
6. Ms Z Gobhozi (Committee Secretary)
7. Mr M Zamisa (Committee Researcher)
8. Mr E Bacon (Personal Assistant to Ms AT Mfulo)
The delegation from the Department was as follows:
1. Deputy Director-General, Ms N Gasa
2. Deputy Director-General, Dr I Goldman
3. Chief Director, Mr S Ntakumba
4. Deputy Director, Ms C Mangwane
1.2 Terms of Reference
The Department of Performance Monitoring and Evaluation (DPME) in the Presidency is responsible for South Africa’s Government-Wide Monitoring and Evaluation (GWME) system. DPME reports to the Standing Committee on Appropriations. Members of the Committee and staff from DPME undertook a study tour to Kenya and Uganda between 29 June and 6 July 2013. The purpose was to learn from these countries’ experience on Monitoring and Evaluation (M&E) and how Parliament uses M&E information. The team was led by Mr EM Sogoni, the Chair of the Standing Committee. The team met with Parliamentary Committees, Office of the Prime Minister, Ministries of Finance, and Planning, line Ministries and in Uganda visited a community feedback meeting, which is formally known as a Baraza.
1.3 Purpose and approach
The purpose of the study tour was for the Committee to gain an in-depth understanding of the issues underlying successful M&E systems, and in particular the appropriate role of Parliament in effective Performance M&E (PM&E).
Some of the learning questions include:
* How does the overall PM&E system operate, including the relationship between planning, budgeting and M&E – what are the successes and failures and why?
* What roles do different organizations play, how are these coordinated, how have the M&E institutional arrangements evolved, why and what are the lessons?
* What roles are Parliament playing in performance M&E? What are the lessons from this experience?
* How is the information from performance M&E fed back into decision-making, planning, budgeting, programming?
* Success factors, main obstacles and lessons learned in the path towards institutionalization of PM&E, including the role of a legal basis for PM&E, roles of the executive, Parliament, and other independent agencies (e.g. Auditor General) in ensuring a successful system.
* Specific aspects of PM&E in Uganda – evaluation and the Baraza system, in Kenya – the use of contracts and public expenditure tracking.
The delegation met with the following institutions in the two countries during the study tour:
* Office of the Prime Minister (Hon T Kabwegyere, Tim Lubanga);
* Ministry of Finance, Planning and Economic Development; Budget and Monitoring Unit (Margaret Kakande);
* National Planning Authority (Kasingye Kangala, Godfrey Kokot);
* Parliament of Uganda (Hon Jacob Oulanyah- Deputy Speaker);
* Committee on Presidential Affairs (Hon Fred Mwesigye + 3 other members of the Committee);
* Parliamentary Budget Office (Samuel Huxley Wanyaka, Sulaiman Kiggundu); and
* Local Government Accounts Committee (Hon Jack Sabit + 8 other members of the Committee).
* Ministry of Devolution and Planning (Peter Mangiti, Stephen Wainaina);
* Ministry of Devolution and Planning: M&E Directorate (Samson Machuka, David Kiboi, Viviene Simwa, Mary Kerema, Richard Munyitha, Geoffrey Odero),
* National Integrated Monitoring and Evaluation System (NIMES) (Swedish Institute for Public Administration, SIPU) (Birgitte Woel);
* Parliamentary Budget Office (Phyllis Ndunge Makau);
* Parliament of the Republic of Kenya (Eric Ogolo, Justin Bundi);
* Department of Performance Contracting (Justa Koroi, George Obai);
* Ministry of Health (David Njuguna);
* Ministry of Agriculture (CN Stephen); and
* National Treasury (Samuel Kiiru).
The main elements of the study tour included:
* Meeting with the Office of the Prime Minister, around the overall approach to performance monitoring and evaluation.
* Meeting with Parliament to understand the roles they play in PM&E, accountability processes and what agencies report to them in this regard. This includes a meeting with the relevant committee to understand the role they play.
* Meeting with central government departments directly involved in applying the M&E system (e.g. Ministry of Finance etc).
* Meeting with national government line departments/agencies to understand how they apply M&E, how they see issues and their relationship to Parliament.
* Visit to a Baraza community feedback process.
* Meeting with M&E Directorate, Ministry of Planning, around the overall approach to performance monitoring and evaluation.
* Meeting with Parliament to understand the roles they play in PM&E, accountability processes and what agencies report to them in this regard. This should include a meeting with the relevant committee to understand the role they play.
* Meeting with centre of government departments directly involved in applying the M&E system (e.g. Ministry of Finance etc).
* Meeting with national government line departments/agencies to understand how they apply M&E, how they see issues and their relationship to Parliament.
2.1 Structure of the State
Uganda became independent in 1962. Uganda has a national government and 111 district governments (referred to as Local Council or LC5). There is a presidential system with the President both head of state and head of the government. Cabinet is appointed by the President from among elected legislators. Cabinet is formed of the President, the Vice President and such number of Ministers as may appear to the President to be reasonably necessary for the efficient running of the State.
Most districts have populations between 100 000 and 400 000. Below the district there are constituencies (LC4), sub-counties at LC3 which are local governments, parishes (LC2) and villages (LC1). Both parishes and villages have elected committees. There has been a system of decentralisation to districts and later to sub-counties. Local staff such as agricultural extension officers is part of sub-county administrations. Most development services such as agriculture, health, education, public works, fall under the district with district staff.
The Local Governments in a city are The City Council and The City Division Council. The Local Governments in a Municipality are: The Municipal Council and The Municipal Division Council. The Town Council is also a Local Government.
2.2 Parliamentary system
There is a unicameral system with sessional and standing committees. Parliamentary business in Uganda is carried out through two types of committee’s i.e. sessional committees which conduct oversight over departments and are concerned with policy and action programmes and standing committees which handle issues of accountability, financial oversight, and human rights. There are 13 standing committees and 16 sessional committees and each Member of Parliament must belong to 2 committees (1 standing committee and 1 sessional committee). Most committees have about 20-30 members, and all accountability committees are chaired by opposition parties. There is no specific committee responsible for monitoring and evaluation however that function is built-in within the mandate of sessional committees.
It was also observed that there is no Standing Committee on Appropriations and that budget monitoring is conducted by sessional committees which monitor the resource envelope, expenditure incurred and outputs realised on a quarterly basis. Emphasis is on the effective utilisation of resources therefore committees can also conduct on the spot value for money assessment audits. Committees also engage in quarterly field budget monitoring trips where physical inspection of projects takes place. Through such trips committees are able to determine value for money for funds spent, receive comments from public regarding progress of government projects, and interact with local government managers who manage public funds.
2.2.1 Roles of Relevant Committees
126.96.36.199 Committee on Presidential Affairs
The delegation visited the Committee on Presidential Affairs which oversees the Presidency (which has 5 departments); Office of the Prime Minister (which has ten ministries), and the Kampala City Council Authority. Some of the Committee’s functions are to:
* Examine and comment on policy matters affecting ministries under its jurisdiction
* Initiate and evaluate action programmes;
* Examine Bills brought by government and backbenchers before they are debated;
* Examine government recurrent and capital budget estimates and make recommendations to the House; and
* Monitor the performance of ministries and departments.
The Committee has 19 members of which 12 are from the ruling party, 3 from opposition, and 4 are independents. Committee support staff consists of 5 officers: clerks, lawyers, and research assistants.
It was observed that the Committee does not conduct overall monitoring and evaluation but its M&E role is limited to those programmes within this sector. The Committee indicated that interaction with Monitoring and Evaluation department is demand driven, however the Committee does use the Government Bi-Annual Performance Report which is published by the M& E department.
The Committee cited capacity challenges due to many ministries falling under its jurisdiction.
188.8.131.52 Local Government Public Accounts Committee (LGAC)
The main function of the Committee is to look at the financial management of local governments. Local government generates own revenue and receives transfers from national government. Transfers to local government account for about 20% of the entire national budget and in Local Government financial management is legislated by Local Governments Act, Local Government Financial and Accounting Regulations, Public Procurement and Disposal of Assets etc.
The Committee’s support staff constitutes of clerks, research assistants, lawyers and Criminal Investigation Department (CID) police The Committee hands over matters of mismanagement to the CID police for investigation and further action. The Committee has constitutional powers to summon any witness in relation to matters raised by Auditor-General (AG).
The work of the Committee is informed by the report of the Auditor-General (AG) which is tabled at Parliament. The report is then referred to the different public accounts committees. Once the report is referred, the Committee convenes to consider the report. They write to individual Accounting Officers of all districts requesting them to prepare responses to the Committee on issues raised by the AG Report. The Committee plan their work based on these responses. Districts are then either called to Parliament or field visits are conducted by the Committee for further engagement on issues raised by AG. If there are major problems the AG is requested to do a forensic audit.
Thereafter the Committee drafts a report highlighting strengths and weaknesses identified during engagements with Accounting Officers. Reports are discussed and debated in Parliament, and some of the Committee’s recommendations are approved and then sent to the Executive for implementation. The Executive then answers back to Parliament via Treasury Memorandum highlighting actions taken. If some issues are left out of the Memorandum by the Executive, the Committee requests the Auditor General to go through them and report back so that issues can be raised again.
Some of the recommendations that have been approved concern the dismissal of accounting officers and other officials, increasing or decreasing of funds, and recovery of funds from officials guilty of mismanagement. It was reported that approximately 50-60% of the Committee’s recommendations are acted on however issues which are political are more difficult.
The Committee’s responsibilities have been based on financial audits, but following the worldwide trend on emphasis of value for money, they are beginning to also look at this critical aspect of the use of resources including undertaking field visits. For example they have done one on National Agricultural Advisory System (NAADS).
The Committee indicated that there are District Public Accounts Committees (PACs) but they were not always effective. They are supposed to report to the District Council, and also through the Ministry of Local Government to Parliament. One member who had been on a council says that a report was never tabled.
One of the main challenges is that the AGs findings seem to continue despite action of the Committee. If action is needed it is not the responsibility of the Committee to take it forward. Often no action is taken to get the recommendations acted on. They do sometimes use the CID to take forward investigations.
The other big challenge is that every year there are reports from all the Sub-Counties, Municipal Councils and Districts as well as national government, resulting in a lot of work to be completed in a short period of time thus there is a backlog in reports.
2.2.2 Institutions Supporting Committees
184.108.40.206 Parliamentary Budget Office
The Ugandan Parliamentary Budget Office (PBO) was established 12 years ago by the Budget Act and was mandated to provide Parliament and its committees with objective, timely and independent economic and financial analysis of the economy and the national budget in order to enhance Parliament’s budget oversight role. The PBO is staffed with 23 officials who have expertise in the finance field (economists, accountants, and statisticians) and its functions are structured according to Macroeconomics, Sectoral and Fiscal Analysis, and a Financial Programming section. It was observed that the PBO supports all parliamentary committees by deploying a PBO official to each committee however some PBO officials serve more than one committee.
The objectives of the PBO are as follows:
* Providing general advice on the national budget and the economy;
* Providing budget-related information in relation to each committee’s jurisdiction;
* Submitting reports on economic forecasts, budget projections and options to reduce the budget deficit;
* Identifying and recommending on Bills that provide an increase or decrease in revenue and budget;
* Assessing impact of local government mandates;
* Providing information on long-term budgetary pressures and policy options;
* Preparing analytical studies of specific subjects such as financial risks posed by Government sponsored enterprises and financial policy;
* Evaluating government programmes, policies, operations and performance; and
* Engaging with relevant agencies to help guide efforts towards achieving positive national budgeting.
The Ugandan PBO has contributed significantly towards the empowerment of Parliament to be actively and continuously involved in the budget cycle. In addition, the PBO has been instrumental in the shaping of output oriented budgeting in order to enable the monitoring of value for money for allocated resources. As a result thereof, there have been improvements in the accuracy of the budget and the nature of reporting on the budget and budget implementation. The PBO has also been integral in identifying inefficiencies within departments and in the improvement of the accuracy of the budget.
Notwithstanding the above achievements, the following challenges were cited by the PBO with regard to Parliament’s budgetary oversight role:
* Limited time for interaction between parliament and sectors during budget implementation;
* Sometimes the executive does not effect recommendations of parliament relating to re-allocations affecting sector performance targets;
* Failure by ministries to report quarterly to parliament on how funds were appropriated (These reports indicate specific data on value for money on expenditures involved);
* Information reported on sectoral outputs is not clearly related to funds allocated;
* Some sectoral outputs are reported in calendar years and on a six-monthly basis versus fiscal year; and
* Inconsistencies in expenditure and output plans in Ministerial policy statements over the Medium Term Expenditure Framework (Disjointed reporting).
2.2.3 Institutions Supporting the Executive
220.127.116.11 The Office of the Prime Minister
The Office of the Prime Minister (OPM) covers about ten departments and has a directorate focusing on M&E. OPM provides leadership across government sectors and ensures proper coordination and oversight of government M&E activities. It reports to Cabinet periodically on Government performance and results. The role of the OPM includes:
* Harmonizing and standardizing M&E procedures, practices and mechanisms across government sectors;
* Providing technical support and oversight to Planning Units in Ministries, Departments and Agencies (MDAs) and Sector Wide Groups in the operation of monitoring and statistics functions, and the designing and implementation of 5-year rolling evaluation plans;
* Designing, commissioning, quality controlling and dissemination of public policy;
* Supporting evaluations in line with the 5-year rolling evaluation agenda of Cabinet; and
* Monitoring of the implementation of the M&E Policy.
18.104.22.168 The Ministry of Finance, Planning and Economic Development
The Ministry of Finance, Planning and Economic Development (MFPED) coordinates the preparation and presentation of the national budget and reports periodically to Cabinet and Parliament on budget preparation, execution and performance. The MFPED conducts performance contracting, budget reporting and budget monitoring to improve accountability and as part of wider efforts to improve service delivery. A performance contract is a signed agreement between the Accounting Officer of a spending agency and the Permanent Secretary of the Ministry of Finance declaring the intended use of public funds. Each quarter a Performance Report must be submitted to the Ministry of Finance outlining progress against a work plan.
MFPED also produces a budget performance report comprising of financial and physical performance (outputs) on a semi-annual basis. These reports are compiled using quarterly performance reports submitted by departments to the Ministry of Finance. These quarterly reports outline financial and physical/output performance both by quarter and cumulatively and also show progress against the work plan in the performance contract. Uganda utilises an in-house automated database called Output Budgeting Tool (OBT) to systematically link funds with output. The OBT provides the framework for budget formulation and execution and it incorporates performance contracts and performance reports. Line ministries report to MFPED through the OBT.
In terms of Budget Monitoring, there is the Budget Monitoring and Accountability Unit (BMAU) which works with OPM on monitoring but with a focus on tracking the budget and the flow of funds. Uganda utilises an Integrated Financial Management System for monitoring cash flow where they can see the movement of funds by departments but they are not able to track funds directly with local governments. However they are currently working on a system to ensure that money goes directly from Treasury to the beneficiaries, e.g. schools or health facilities, rather than having to go via a number of intermediaries. This system has already been implemented in Education.
BMAU does not cover all the departments but selects areas of focus in key sectors such as infrastructure (roads and energy), agriculture, health, education, information and communication technology (ICT), microfinance, water and sanitation. They track major spenders but also have ongoing follow up with those departments or entities experiencing challenges. They look at performance at two levels –efficiency and effectiveness. They look at allocative efficiency to determine whether money is allocated to the right places e.g. recurring expenditure vs. development priorities. They also look at cost efficiency in terms of unit costs, e.g. cost of constructing a classroom. However the challenges is that there are no standard unit costs so people exploit this, e.g. through tenders.
They also look at effectiveness through physical inspections of actual outputs. This element of performance verifies that the budget spent is as per plan whereby the plans specify details on the quantity, quality and location for each programme. They use subject matter specialists who have their areas of expertise plus M&E. They train their specialists in M&E skills. They will look at bills of quantities, specifications, and quality vs. expectation. However, they don’t do very in-depth value for money work. Departments do have internal auditors who are supposed to look at value for money. They make recommendations for what should happen. There is also an independent Public Procurement Department, which looks at value for money in contracting. There have been instances where contractors were blacklisted as a result of substandard work.
The BMAU functions as an early warning mechanism because they have ongoing interaction with implementers of budgets so that remedial actions can be instituted as problems arise. Where departments are not able to absorb funds or spend the budget they cut allocations or reduce cash flow. However this is done bearing in mind the nature of the programme and its impact on service delivery or citizens. If mismanagement or misuse of funds and excessive spending with poor quality outputs is detected in departments BMAU passes the information to other agencies such as the ICD for further investigations etc.
BMAU produces budget monitoring reports on a quarterly basis and Parliament is a key client in helping to ensure accountability. Another key client is the Auditor General (AG) whereby BMAU detects areas where a forensic audit may be needed. BMAU shares information with the Office of Prime Minister e.g. in terms of 6 monthly reports and also prepares briefing papers for policy makers.
22.214.171.124 The National Planning Authority
The National Planning Authority’s (NPA) primary function is to produce comprehensive and integrated development plans for the country, elaborated in terms of the Perspective Vision, long and medium–term plans. They are responsible for preparing results-orientated medium and long-term plans at national level and assist Ministries and Local Governments in preparing results-orientated plans and budgets. The NPA has about 60 to 70 planners across all the specialities. It analyses progress in tackling constraints to national development in line with the National Development Plan and reports periodically to the Executive and Parliament on national development. The NPA also works with Ministry of Finance, Planning and Economic Development (MFPED) in the preparation of the annual budget, medium and long-term expenditure frameworks to support the national plans.
The NPA previously produced poverty reduction strategy papers. They produced the first National Development Plan (NDP) in 2010/11, and also have a national vision to 2040. The NPA is currently carrying out the mid-term review of the NDP.
2.3 The Legal Framework and Evolution of the Planning, Budget and PM&E system
The Constitution provides the power of the NPA to develop a NDP, further developed in the National Planning Authority Act 15 of 2002.
The Draft National Monitoring & Evaluation Policy (2010) lays out the roles, responsibilities and relationship of public institutions in respect to performing M&E. The key role in the M&E system is played by the Office of the Prime Minister which coordinates M&E on the implementation of government policies and programmes.
The first NDP was produced in 1962-67 but then there was a coup. There was a period of some turmoil until 1986 when the National Resistance Movement came to power. In 1997 Uganda had its first Poverty Reduction Action Plan, then the Millenium Development Goals, and then Poverty and Employment Action Plan (PEAP) was developed, functioning as the NDP. In 2007 Cabinet decided to get a 2040 vision. They started in 2008 with a very consultative process which took time. After producing the NDP in 2010 they then went back to formulate the Vision. The theme of the current Ugandan NDP Vision 2040 is Growth, Employment and Social Transformation.
2.3.2 Budget process
The Budget Policy and Evaluation Department within the Ministry of Finance, Planning and Economic Development manages the budget process.
In Uganda, parliamentary committees have an active participatory role in the budget process. The budget cycle was amended to afford Parliament the opportunity to be involved in the budget process at an earlier stage. Members of Parliament participate in setting budget priorities through the Budget Consultative Workshop, Sector Working Groups and Sector Working Group retreats. Participation in budgeting for priorities is facilitated through sessional committees which also monitor the performance of the budget in line with priorities and budgeted figures.
To kick start the budget process, preliminary estimates of revenue and expenditure for the next financial year are submitted by the Ministry of Finance, Planning and Economic Development (MFPED) by 15th February and referred to the budget committee and each sessional committee. Sessional committees consider these preliminary estimates then submit reports to the budget committee no later than 25th of April. The Budget Committee then scrutinises the preliminary estimates together with reports from sessional committees and submits its recommendations to the Speaker who then submits to the President by 15th of May for the attention of the Minister of Finance. By 15th of June, the Minister of Finance tables the estimates of Revenue and Expenditure of Government (Budget Speech) before Parliament. Thereafter the tabling of departmental policy statements commences and sessional committees engage in the process of reviewing the policy statements followed by the consideration and processing of the Appropriations Bill by the Budget Committee.
2.3.3 Monitoring and Evaluation
The key role in the M&E system is played by the Office of the Prime Minister which coordinates M&E of implementation of government policies and programmes. The largest focus of monitoring is against the sectoral outcomes.
The OPM has established a national evaluation function and a National Integrated M&E System (NIMES). NIMES aims to fulfil five key objectives:
* Ensuring that sound evidence based data and information is available to inform decision making in national policy frameworks such as NDP frame works;
* Ensuring efficient and effective use of public resources in the implementation of strategic priorities;
* Enhancing Monitoring & Evaluation capacity in Uganda;
* Ensuring that key stakeholders have a forum for articulating Data and Information needs; and
* Coordinating M&E initiatives in Uganda by providing mechanisms that align the existing M&E initiatives with identified data and information needs.
They have a comprehensive monitoring database of all projects in the country. Such a database helps them track project procurement, implementation timelines, budgets, contract management and key outputs. They also manage a community-based accountability programme known as Barazas, to give citizens an opportunity to hold their district leaders/technocrats accountable.
Critical products are the Government Half-Annual and Annual Performance Report. A Government Evaluation Facility has been established but is implementing only 3 evaluations a year. There is a capacity development programme which South Africa could link to.
The Baraza is a recent M&E initiative initiated by the President and launched in 2009 by the OPM. The Baraza brings together central government (policy-makers) and local governments (public service providers) to report to citizens (public service users) on services and projects and citizens have an opportunity to ask questions. The Baraza experience is relevant to the citizen-based monitoring project that DPME is initiating.
A National Monitoring and Evaluation Technical Working Group (NMET-WG) is primarily responsible for guiding and overseeing the development and implementation of the National Policy on Public Sector Monitoring and Evaluation. The NM&ETW meets once every quarter.
The biggest constraints to M&E capacity and use are in the policy and institutional environment that surrounds the M&E function; in particular, decision-making practices and public service management culture. There are examples of where M&E data is being used e.g. Government bi-annual and annual reports and local government performance assessments. It is not clear how much of this is for donors and how much for government use.
3 Committee Observations in respect of Uganda:
* M&E in Uganda is linked closely to planning and is highly institutionalised because every ministry has an M&E unit that is responsible for the collection of data on all the indicators and reports on a quarterly basis to the Office of the Prime Minister.
* Uganda has a National M&E Policy which is being considered by Parliament and they regard this policy as the legal framework for M&E.
* The Office of the Prime Minister (OPM) utilises the Prime Minister’s Integrated Management Information System (PMIS) which enables interfacing with all relevant and expected government information systems to facilitate the fulfilment of its M&E mandate. It also serves as a single point of storage of all M&E information.
* The Ministry of Finance, Planning and Economic Development (MFPED) have an automated Output Budgeting Tool which provides a systematic link between funds and outputs. The OBT is a reporting mechanism for all departments to the MFPED and the OPM and it provides the framework for budget formulation& execution, performance reports, and performance contracting. The tool enables them to track budgets, expenditure, key outputs, project procurement, implementation timelines, contract management and progress against the work plan as per performance contract.
* The Office of the Prime Minister does reporting bi-annually to reduce the reporting load.
* The Ugandan budget cycle was amended to afford Parliamentary Committees an active participatory role in the budget process. In addition, there are plans of bringing the budget process to complete prior to the beginning of the financial year.
* Uganda has successfully reconciled the financial years between national and local government for better reporting, oversight and accountability.
* The Ugandan Parliamentary Budget Office (PBO) has contributed significantly towards the empowerment of Parliament to be actively and continuously involved in the budget cycle.
* The PBO has been instrumental in the shaping of output oriented budgeting in order to enable the monitoring of value for money for allocated resources. As a result thereof, there have been improvements in the accuracy of the budget and the nature of reporting on the budget and budget implementation. The PBO has also been integral in identifying inefficiencies within departments and in the improvement of the accuracy of the budget.
* There is some evidence that recommendations from parliamentary committees in Uganda are quite strong and that a significant proportion of recommendations are implemented by the executive authority e.g. Public Accounts Committee’s recommendations for recovery of funds from officials.
* Uganda utilises the Baraza system as a public accountability forum which brings together central government (policy-makers) and local governments (public service providers) to report to citizens (public service users) on services and projects and citizens have an opportunity to ask questions. The Baraza experience is relevant to the citizen-based monitoring project that DPME is initiating.
4 Kenya’s role in performance monitoring and evaluation
4.1 Structure of the State
Kenya gained its independence in 1963. Originally it had 7 provinces but without local government. In the 1980s the economy was not performing, and in the 1990s Kenyans were calling for reforms. In August 2010 a new Constitution was passed, with general elections held in March this year creating two spheres of government, national and 47 counties. It is now a Presidential system rather than a Parliamentary system with the President Head of State as well as the Head of Government, and directly elected. The President and Deputy President are not Members of Parliament.
The new Constitution says there cannot be more than 22 ministers. One of the major actions of the new government has been to reduce 40 ministries to 18. The President appoints Ministers (now called Cabinet Secretaries like in the US), who are not politicians, but technocrats (only two of whom were ministers in the previous government and in this case they had to agree to cease being involved in politics). The Treasury Cabinet Secretary was working in Finance, and some have come from the private sector. So the whole of Cabinet are now technocrats not politicians. In addition the President appoints the Principal Secretaries (formerly Permanent Secretaries). The Presidential nominations for cabinet and principal secretaries are vetted by Parliament, with the public able to observe. The list is then taken to Parliament and the whole house then discusses.
4.2 Kenya’s Parliamentary system
The Parliament of Kenya is in transitional phase in terms of implementation of the new constitution (2010), new system and new standing orders. According to the new constitution the executive are not members of parliament. This system is different to South Africa where the Cabinet excluding the President are Members of Parliament.
There is a National Assembly and Senate which are independent of the executive. The National Assembly represents the people of the constituencies and special interests in the National Assembly. It also deliberates on and resolves issues of concern to the people and enacts legislation. It is further empowered to review the conduct in office of the President, the Deputy President and other State officers and initiates the process of removing them from office; and exercises oversight of State organs. In relation to budgeting, the National Assembly: determines the allocation of national revenue between the levels of government; appropriates funds for expenditure by the national government and other national State organs; and exercises oversight over national revenue and its expenditure.
The Senate represents the counties and serves to protect the interests of the counties and their government. It participates in the law-making function of Parliament by considering, debating and approving Bills concerning counties. In respect to budgeting, the Senate determines the allocation of revenue among counties. It also exercises oversight over national revenue allocated to the county governments. The Senate consists of 47 members directly elected by counties, 16 women Members of Parliament proportionally nominated by political parties; two youth representative Members of Parliament (one male and one female); two members of Parliament representing persons with disabilities (one male and one female).
In the past the introduction of legislation was predominantly an executive function whereby ministers introduced Bills, this process is now owned by parliament whereby Bills can only be introduced by the House, an individual Member of Parliament or through committees. Cabinet Secretaries bring Bills through committees then the committees introduce them to the House. All Bills must pass through the Budget and Appropriations Committee in order to factor financial implications. This Committee makes an assessment of budgetary implications of Bills.
4.2.1 Roles of relevant committees
126.96.36.199 Committee on Budget and Appropriations
The Budget and Appropriations Committee (BAC) is the largest Committee of Parliament. It consists of 51 members (including the Chairperson and Vice Chairperson) compared to other committees which consists of 28 members or less. In addition to other support staff, the Budget and Appropriations Committee receives support from the Parliamentary Budget Office.
Among others, the Committee is mandated to: investigate, inquire into and report on all matters related to coordination, control and monitoring of the national budget; examine the Budget Policy Statement; examine Bills related to the national budget. All Bills are submitted to the Budget and Appropriations for analysis in terms of their financial implications. Performance against the budget is monitored by departmental committees who then make recommendations to the BAC when budget allocations are considered. The Committee invites chairpersons of all Departmental Committees to make presentations on the budgets of their relevant departments during the consideration of the budget.
The BAC can amend the budget proposed by the Executive. This is in line with the Constitution of Kenya which also empowers the Parliament of Kenya to stop budget allocation to any institution. In fact the Budget and Appropriations Committee has in the past made amendments to the budget. The process of effecting amendments to the budget is, however, conducted through a consultative process with the Finance Ministry and other relevant stakeholders including the general public. It was also mentioned that, due to the system of government, the Appropriations Bill is signed by the Chairperson of the Budget and Appropriations Committee rather than the Cabinet Secretary responsible for Finance. However, accountability remains with the Executive given that the Appropriations Bill is initiated by the Executive and assented to by the President who is the Head of the Executive.
4.2.2 Institutions Supporting Committees
188.8.131.52 Parliamentary Budget Office
The Kenyan Parliamentary Budget Office was established in 2009 in terms of an Act of Parliament, Section 3 of the Fiscal Management Act (No.5 of 2009). Its primary function is to provide timely and objective information and analysis concerning the national budget and economy. It provides technical support on matters relating to Public Financial Management (PFM) and financial oversight to all Members of Parliament, Departmental Committees and Select Committees in addition to being a secretariat to the BAC.
The Kenyan PBO is mandated to:
* Provide budget related information to the Budget committee, the departmental committees and other financial select committees of the National Assembly;
* Provide services to the Budget Committee, the departmental committees and other financial select committees of the National Assembly within their budgetary jurisdictions;
* Prepare reports on budgetary projections and economic forecasts and options to reduce the budget deficit;
* Prepare analytic studies on specific subjects such as financial risks posed by government sponsored enterprises and financial policies;
* Sponsor such national and international forums as it may consider necessary;
* Study budget proposals and trends and where appropriate, suggest changes in the content or format of such proposals or trends;
* Propose, where necessary, alternative scenarios for various macro-economic variables in respect of any financial year;
* Establish and foster such relationships with the Treasury and with other national and international organizations, with interest in budgetary and economic matters, as is necessary for the efficient and effective discharge of our mandate; and
* Undertake independently, or in collaboration with any appropriate person or institution, any other study or activity likely to assist in carrying out the functions specified in this subsection.
The Parliamentary Budget Office is currently capacitated with 15 officers with skills ranging from public finance, accounting, taxation, forecasting and law. It was also mentioned that the PBO requires sector specialists to provide sector-specific analysis. The Director of the PBO emphasised that it takes time to establish a parliamentary budget office and the Kenyan Parliamentary Budget Office is still growing its capacity and obtaining the required expertise.
As part of fulfilling its mandate, every year before the annual Estimates are finalised, the Kenyan Parliamentary Budget Office releases the Budget Options. This is a paper which takes a critical look at the underlying economic variables and proposes various options that the National Treasury could consider in framing the annual budget and medium term targets. The Budget Options provides strategic priorities and policy options the government can consider while preparing the budget estimates for each financial year and the medium term.
4.2.3 Institutions Supporting the Executive
184.108.40.206 Ministry of Devolution and Planning (MDP)
This department falls under the Presidency, and is amongst others the midwife to the two tier system of government, as well as being the driver of socio-economic transformation. MDP is responsible for coordination, M&E of government policies, programmes and projects. There is a move for MED to become a semi-autonomous government agency, so that they are able to say clearly what is wrong and needs to be done.
Within MED there are 5 technical advisory groups, sixteen economists and three communications officers. Key products include a set of regularly monitored sector indicators; a set of core national indicators for outcome reporting; annual and Midterm Progress Reports (talks about achievements); methodological guidelines for M&E; Ministerial Public Expenditure Review (PER) and Comprehensive Expenditure Review (CER); research on areas of relevance to inform policy and planning; a M&E resource centre and website; project M&E standards; Project Management Information System and Quarterly project monitoring reports.
There is also a Department of Performance Contracting which is responsible for the Performance Management and Development System (PMDS). Public institutions’ performance contracts are based on their key priorities which are drawn from Kenya Vision 2030, Medium Term Plan (MTP) and the strategic plan among other policy documents.
220.127.116.11 National Treasury
National Treasury is responsible for the budget, monitoring expenditure, and taxation. They have a Public Expenditure Review programme 2010-12 supported by the World Bank. This includes instituting the Public Expenditure Tracking System (PETs) which examine the link between public spending and service delivery at facility level. A focus has been on Agriculture, Education and Health which together comprise a huge part of the budget. Treasury introduced 3 year Medium Term Budget Framework (MTBF) in 2001. They focus on six key processes of the budget:
* Budget reviews;
* Strategic planning linked to MTBF;
* Budget execution;
* Auditing; and
In 2005-6 they introduced performance budgeting, linking to outcomes and outputs as part of the public finance management reforms. They started off looking at the legal setup and processes. By 2008/9 they produced the first programme-based budget. They have now come up with the Public Finance Management Act (PFMA) – and this is the first budget which is output based. Planning is also enshrined in the PFMA. They want to move away from an input-based control system to an output-based one and to be able to look at the county level.
4.3 The Legal Framework and Evolution of the Planning, Budget and PM&E system
The Public Finance Management Act (PFMA) is the main Act governing finance matters. The government is trying to make sure planning links to budgeting and results. As they implement the performance M&E system, the state is looking to areas where it may improve. An M&E Policy has been developed and is currently under consideration by Cabinet.
Kenya has had 5 year development plan since independence. However in 2006 they developed Kenya Vision 2030, which started being implemented in 2008 as the first 5 year phase or the medium-term plan 2008-12. As a way of ensuring the sustainability of the plan, last year the Vision was taken to Parliament, and Parliament adopted it. So the Ministry is now finalising the second medium-term plan which will be launched by government. The plan will correspond with the terms of government.
4.3.2 Budget process
The financial year starts annually at the beginning of July. The Estimates of Expenditure and Revenue are laid in the house two months before the budget. Each Cabinet Secretary presents their legislative proposals as a money bill to the Budget and Appropriation Committee and then to departmental committees. The departmental committees make proposals to the Budget Committee which then proposes to the House. Then there are public hearings. Close to 50% of resources go to Health, Education and Agriculture.
4.3.3 Monitoring and Evaluation
M&E systems in Kenya came into effect in 2004 with the establishment of the M&E Directorate whose mandate is to coordinate the implementation of the National Integrated M&E System (NIMES). The objectives of NIMES are to:
1. Build a M&E system for reporting at both central government and devolved level;
2. Promote a culture and practice of M&E at all levels of government and civil society;
3. Increase the use of M&E for planning and implementation;
4. Provide timely and reliable feedback to the budget preparation process; and
5. Provide regular, timely and reliable reporting of the effectiveness of government programmes.
The Kenyan M&E system tracks implementation of policies, programmes and projects, creates a culture and practice for monitoring and evaluation to promote accountability, and enhance public service delivery. It is designed to operate on three-tier relationship, namely: the Monitoring and Evaluation Directorate; the Central Project Planning and Monitoring Units based in each line Ministry; the District Planning Units based in every district (now county).
The M&E directorate promotes electronic reporting and are making all information on projects available on-line through the electronic Project Monitoring Information System (e-ProMIS). The development of e-ProMIS was in conjunction with the Treasury and has enabled the government to track progress on implementation of various activities based on the funding allocated to determine funding levels in the subsequent years. The e-ProMIS is currently being upgraded to have more indicators as well as a dash board which will show projects that are stalled, complete and those lagging behind.
The M&E directorate (MED) conducts resource flow analysis that assists the Treasury to track resource requirement submitted by the line ministry through the sector working groups against the provided allocations by the Treasury. This financial flow analysis revealed that in certain occasion, some ministries received more than requested while others were allocated lesser amounts than requested. This tracking includes performance based on the Annual Progress Report (APR) of the Medium Term Plan of the Kenya Vision 2030 which also helps the Ministry of Finance budgetary allocation for the next financial years. In addition, based on the PER and APR produced by MED, Treasury is now able to measure the efficiency and effectiveness in the use of finances and project implementation by the various ministries.
Some of the initiatives taken in Kenya to strengthen M&E systems include performance contracting and Public Expenditure Tracking Surveys (PETS). The Government has adopted performance contracting as a key strategy to ensure maximum accountability and transparency in the management of public resources. A performance contract is a performance agreement between Government, acting as the owner of an Agency, and the management of the Agency. It therefore specifies expected levels of achievement, timelines, evaluation and reporting methodologies - accountability for results. Kenya currently has 480 public sector institutions that are linked to performance contracts. Evaluation of performance is carried out by external experts who are not public servants. The main purpose of involving external experts is to ensure integrity and objectivity to the system. Performance contracting seems to be having an impact in improving public sector performance and building public trust.
Kenya introduced PETS in 2004 as an expenditure tracking system for those ministries receiving large allocation of resources and has been implemented in the Health, Education and Agriculture ministries. These surveys enabled the Ministry of Finance to identify leakage points along the system and have led to the direct disbursement of funds to the facilities. It is expected that the surveys will now be cascaded to all the line ministries.
Several achievements and the impact of M&E can be seen:
* A clear standard reporting format has been developed, which is now being used by all ministries when reporting on their performance and M&E information.
* Quality and timely M&E reports are now being produced by the various Ministries Department and Agencies;
* Before there were no indicators to track performance of the ministries, departments and agencies, now ministries are ranked in terms of performance for awards based on indicators developed by the M&E Directorate;
* Public Expenditure Reviews (PERs) have been used in sector workgroups when developing programmes and budgets; and
* There is a culture of continuous improvement.
4.3.4 M&E Tool: Public Expenditure Tracking Survey (PETS)
The delegation interacted with the Ministries of Health, Education and Agriculture in order to gather more information on the PETS, its implementation and impact. PETS is a monitoring tool that tracks the flow of public resources (financial and non-financial) by determining how much of the originally allocated resources reach the targeted service level. PETS are co-ordinated by the Ministry of Planning to ensure consistency in the framework.
18.104.22.168 PETS in Health Sector
The Ministry of Health’s approach to PETS comprises of 3 components namely:
1. A tracking component that seeks to assess delays and shortfalls in the execution of approved budgets for health services;
2. Identification of any leakage of financial resources at various levels of the health care system; and
3. Assessment of the impact of delays and leakages on health service delivery.
These components are aimed at giving effect to the following objectives:
* Provision of quantitative evidence on the volume of budgeted funds actually reaching their intended destination;
* Provision of quantitative evidence on delays in transfer of resources from Treasury to district and facility level;
* Provision of quantitative evidence on leakages of resources at national, district and facility level;
* Provision of baseline data and diagnostic information on important health characteristics;
* Assessment of quality and efficiency in service delivery;
* Provision of evidence on the differences in performance across facilities;
* Assessment of the impact of delays and leakages on the funds disbursed by the government or from other sources;
* Identification of the disbursement profile of district resources (establish bases for HSSF) – only in the 2008 and 2009 PETS; and
* Suggestion of areas for further research.
Data used in these PETS consist of both facility and administrative data and descriptive techniques are applied in the analysis or assessment. The tracking analysis covers aspects such as cost sharing, medical personnel, medical supplies (tracer drugs), non-medical supplies, and government allocations to health facilities.
It was reported that the use of PETS has had a major policy impact in the health sector. For instance in the 2004 PETS, some of the deficiencies or inadequacies identified with regard to medical supplies were attributed to a top-down approach whereby the medical requirements of health facilities were planned and procured at national, provincial or district level with no participation from the relevant health facility management. As a result of these findings there have been changes made in the Kenya Medical Supplies Agency’s (KEMSA) distribution system and acquisition of medical supplies is now bottom up.
Furthermore, PETS revealed that delays in health implementation programmes were due to expenditure bottlenecks caused by the Authority to Incur Expenditure (AIE) System whereby AIEs were issued to districts without the disbursement of funds. In addition the release of funds by Treasury was based on reimbursement. Some policy shifts that have been implemented to address these findings include the elimination of redundancies in the authorization and approval process of AIEs, the issuing of cheques to accompany the AIEs and the direct transfer of funds to rural health facilities.
Some of the challenges reported are as follows:
* Record keeping and record filing systems on sources of revenue and expenditures are very weak in most of the health facilities visited;
* Inadequate time to undertake a thorough review of AIEs, review documents, exchequer issues from Treasury, and then use the information in tracking the flow of funds to various facility levels;
* Challenges in obtaining accurate profile of all resource flows within the studied facilities;
* Constraints at the design and training stages which resulted in unclear understanding of the data requirements by some research assistants resulting in collection of redundant data and failure to collect some required data; and
* Most of the gaps identified in the previous PETS have not been addressed.
22.214.171.124 PETS in Education Sector
About 20% of Kenya’s budget is allocated to the education sector. Public spending on primary education is through a Capitation grant of KSh 1,020 per school child (approx. US$120). Overall disbursements to public primary schools have increased from KSh 7.3 billion in 2008/09 to KSh 9.7 billion in 2011/12. It was indicated that the flow of funds is directly from the Ministry of Education to the schools and the financial management responsibility lies upon school management committees consisting of parents, teachers, and representatives from education district offices. However the Head of School is accountable to the District Office. The procurement of school supplies including textbooks is done directly by school management committees. PETS in this sector focused on secondary school bursaries and funds disbursed for most vulnerable children in primary schools. The PETS are therefore intended to:
* Provide understanding on the management and composition of public spending on primary education with the aim to ultimately improve learning outcomes at primary schools; and
* Examine the link between public spending and service delivery at the facility level in order to understand effectiveness and accountability of public expenditure in education sector.
The primary education PETS is managed by a Steering Group comprising of representatives from the MPD, the Ministry of Education, the Canadian International Development Agency (CIDA), and the World Bank. Financial assistance has been provided by the World Bank and CIDA. Data collection, capturing and processing is done by consulting firm.
Data was collected on budget allocations and actual expenditure on primary education across ministry, provincial, district and schools levels. Survey instruments encapsulating Service Delivery Indicators (SDI) were developed and administered at sample schools. The SDIs comprised of 6 modules:
Module 1: School information (school types, facilities, school governance, student numbers, school hours);
Module 2: Teacher roster (Observation based in order to measure absence rates and teacher characteristics);
Module 3: School finances (Administered to Head of School);
Module 4: Classroom observation to assess teaching activities;
Module 5: Pupil test to measure learning outcomes in mathematics and languages;
Module 6: Teacher test;
Module 7: Capturing of financial flows from central and local government.
The survey was conducted in 20 counties (out of 47) and covered 400 out of 27 000 schools which included both public and private schools. The PET tracked financial flows from national and local government, constituency funds and development partners. The survey was administered to the head teacher of every school and documented how funds were accessed by the school, schedules of disbursements, recording and monitoring of disbursements. Each of the schools was visited twice and the first visit was pre-announced. Data analysis for the PETS has not yet been done and it is therefore not possible to comment on its impact.
126.96.36.199 PETS in Agricultural Sector
PETS in this sector were introduced in 2011 as a collaborative effort between the Ministry of Agriculture and the German development corporation: Gesellschaft f?r Internationale Zusammernarbeit (GIZ). It was reported that the focus has mainly been on the formation of the working group/secretariat, the development of work plan and budget for the survey including survey tool, the training of enumerators and data collection. Pending activities for PETS include data cleaning, entry and analysis, report writing and report dissemination and advocacy. It was indicated that the following challenges were experienced with the implementation of the PETS:
* Logistical challenges such as transport, stationery, man power etc;
* Difficulties in managing collaboration thus room for cases of misreporting etc;
* Availability of staff on continuous basis – long process involving many players.
5 Committee Observations in Kenya:
* Portfolio committees in Kenya have a stronger link to the budget or appropriations process by making submissions on their relevant departments’ budget allocations to the Budget and Appropriations Committee. In addition, the Budget and Appropriations Committee has a large number of committee members which enables it to review all submissions and thus be more efficient and effective in its oversight role.
* The Budget and Appropriations Committee is able to make amendments to the budget because of the Parliamentary Budget Office’s support and the close link with portfolio committees.
* Kenya has developed a number of tools for M&E, including performance contracts of Cabinet Secretaries and Public Expenditure Tracking Surveys which are a useful form of economic evaluation. They also conduct Ministerial Public Expenditure Review (PER) and Comprehensive Expenditure Review (CER) which are used by sector workgroups when developing programmes and budgets.
* There seem to be efforts to ensure integration of systems e.g. e-Promis, to enable easy tracking of the implementation and performance (financial and non-financial) of various government programmes.
6. Observations for the South African context
6.1 There is a need to strengthen the participatory role of portfolio committees during the appropriations process. Portfolio Committees should be encouraged to make submissions on their relevant departments’ budget allocations to the Standing Committee on Appropriations.
6.2 There is a need to increase the membership capacity of the Standing Committee on Appropriations in order to enhance its effectiveness in the budget process and in its oversight role for performance monitoring and evaluation.
6.3 The reporting systems of departments should be refined to integrate financial performance with outputs or non-financial performance in order to enable the assessment of the efficiency and effectiveness of government spending.
6.4 The Department of Performance Monitoring and Evaluation should investigate the integration of government M&E information systems to enable easy tracking of various government programmes.
6.5 Evaluation tools like the Public Expenditure Tracking Survey should be utilised by Parliament in order to track the flow of resources for major public services such as education and health.
Report to be considered.
TUESDAY, 5 NOVEMBER 2013
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1. Bills passed by Houses – to be submitted to President for assent
(1) Bills passed by National Council of Provinces on 5 November 2013:
(a) Africa Institute of South Africa Act Repeal Bill [B 6B – 2013] (National Assembly – sec 75).
(b) Merchant Shipping (International Oil Pollution Compensation Fund) Bill [B 19B – 2013] (National Assembly – sec 75).
(c) Merchant Shipping (Civil Liability Convention) Bill [B 20B – 2013] (National Assembly – sec 75).
(d) Basic Conditions of Employment Amendment Bill [B 15B – 2012] (National Assembly – sec 75).
1. Message from National Council of Provinces to National Assembly in respect of Bills passed by Council and returned to Assembly
(1) Bill amended by Council and returned for concurrence on 5 November 2013:
(a) Broad-Based Black Economic Empowerment Amendment Bill [B 42D – 2012] (National Assembly – sec 76).
The Bill has been referred to the Portfolio Committee on Trade and Industry of the National Assembly.
(2) Bill, subject to proposed amendments, passed by Council on 5 November 2013 and returned for consideration of Council’s proposed amendments:
(a) Labour Relations Amendment Bill [B 16B – 2012] (National Assembly – sec 75) (for proposed amendments, see Announcements, Tablings and Committee Reports, 23 October 2013, p 4509).
The Bill has been referred to the Portfolio Committee on Labour of the National Assembly.
2. Bill recommitted
(1) The National Environmental Management: Protected Areas Amendment Bill [B 28B – 2013] (National Assembly – sec 75) has been referred back to the Portfolio Committee on Water and Environmental Affairs.
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05 NOVEMBER 2013 Page 85 of 245
- B34-2013 - Legal Metrology Bill
- B38-2013 - Division of Revenue Amendment Bill
- B28-2013 - National Environmental Management: Protected Areas Amendment Bill
- B8-2013 - National Environmental Management: Integrated Coastal Management Amendment Bill
- B27-2013 - National Environmental Management: Air Quality Amendment Bill