Hansard: NA: Unrevised hansard
House: National Assembly
Date of Meeting: 11 Sep 2012
Summary
No summary available.
Minutes
UNREVISED HANSARD
TUESDAY, 11 SEPTEMBER 2012
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PROCEEDINGS OF THE NATIONAL ASSEMBLY
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The House met at 14:03.
House Chairperson Mr C T Frolick took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.
NOTICES OF MOTION
Dr P J RABIE: Chairperson, 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 recent findings of the National Agricultural Marketing Council that rural communities paid more than urban consumers for food baskets and maize meal and solutions to improve the situation.
Mrs C DUDLEY: Chairperson, 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 relevance of assertions made by speakers at the second Annual Ethics Conference in Sandton that South Africans tend to confuse ethical behaviour.
Mr M S F DE FREITAS: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:
That this House debates the progress, status and importance to our economy and the creation of jobs on the relaxation and even lifting of visa requirements between Brics member countries.
Mr M M DIKGACWI: Chairperson, 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 address the recent spate of unruly crowd behaviour and hooliganism, particularly at football matches and the negative impact this has on South African sport.
Mr G B D MCINTOSH: House Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of Cope:
That the House debates the crisis affecting the ostrich farming industry, which affects the Klein Karoo very badly and calls on the Department of Agriculture to act speedily to assist the industry.
Mr E MAGUBANE: 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 address organised crime by rooting out corruption in the upper echelons of our security establishment that hinders attempts to fight crime.
Mr S MOKGALAPA: 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 state of sanitation in South Africa, and come up with solutions to ensure access to quality sanitation for all.
Mr A M MPONTSHANE: I hereby give notice that on the next sitting day of the House I shall move on behalf of the IFP:
That the House debates the recent education statistics from the World Economic Forum that ranked our primary education system 132nd in the world, and measures required by government to arrest this fall and repair our primary education system.
CONGRATULATIONS TO NATALIE DU TOIT AT END OF CAREER
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon House Chairperson, I move without notice:
That the House -
(1) notes that South African swimmer Natalie du Toit ended her pioneering swimming career with a record 15 Paralympic medals in all, winning 13 gold and two silver medals over three games;
(2) further notes that Du Toit, who also competed in the previous Olympics and Commonwealth Games, ended this year’s event with three gold medals and a silver medal;
(3) acknowledges that this was her last Paralympics after a remarkable two decades in the pool;
(4) further acknowledges that she remains an inspiration to all South Africans; and
(5) congratulates Natalie du Toit on her achievements and wishes her much success in her future endeavours.
Agreed to.
CONGRATULATIONS TO KENNY SOLOMON, THE FIRST SOUTH AFRICAN CHESS GRANDMASTER
(Draft Resolution)
The CHIEF WHIP OF THE OPPOSITION: House Chairperson, I move without notice:
That the House -
(1) notes that Cape Town resident Kenny Solomon has become South Africa’s first chess grandmaster;
(2) further notes that Solomon, at age 32, has achieved a rating of 2600 points, which is more than the 2 500 points required to be declared a grandmaster;
(3) recognises that Solomon, who started playing chess when he was 13, is only the second chess player from Sub-Saharan Africa ever to achieve this accolade; and
(4) congratulates Solomon on this outstanding achievement and wishes him well in his future endeavours.
Agreed to.
CONGRATULATIONS TO SOUTH AFRICAN 2012 PARALYMPIC MEDALLISTS
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon House Chairperson, I move without notice:
That the House -
(1) notes that Team South Africa’s athletes did the nation proud by securing 29 medals and placing South Africa in 17th position at the 2012 London Paralympic Games;
(2) further notes that Team South Africa’s medals haul included eight gold medals, twelve silver and nine bronze;
(3) congratulates gold medallists Natalie Du Toit, Oscar Pistorius, Charles Bouwer, Ilse Hayes, Arnu Fourie, Samkelo Radebe, Zivan Smith and Fanie van der Merwe;
(4) also congratulates silver medallists Anrune Liebenberg, Natalie du Toit, Tebogo Mokgalagadi, Oscar Pistorius, Dyan Buis, Charl Bouwer, Kevin Paul, Ernst van Dyk, Hilton Langenhoven and Ilse Hayes;
(5) further congratulates bronze medallists, Anrune Liebenberg, Hendri Herbst, Achmat Hassiem, Jonathan Ntutu, Union Sekailwe, Michael Louwrens, Shireen Sapiro, Dyan Buis and Arnu Fourie; and
(6) extends its good wishes on their amazing achievements and for being such an inspiration to all South Africans.
Agreed to.
CONDOLENCES ON DEATH OF MUSICIAN LOUIS VAN RENSBURG
(Draft Resolution)
Mrs J D KILIAN: Chairperson, I move without notice:
That the House -
(1) notes the passing away of the highly respected and acknowledged South African composer, musician and singer, Mr Louis van Rensburg on Sunday, 9 September 2012, at the age of 68;
(2) further notes that during his prolific career, Mr van Rensburg composed music and sound tracks for many locally made film and television productions;
(3) recognises that he was an instrument virtuoso and musical perfectionist, both in theory and execution of contemporary genres of music in South Africa;
(4) salutes this honest, humble man with exceptional talent who has left us but who, through his music, will live on; and
(5) extends its sincere condolences to his loved ones, his family and the music community, where he became a legend of our time.
Agreed to.
CONGRATULATIONS TO BAFANA BAFANA ON EXCELLENT PERFORMANCE AGAINST BRAZILIAN SOCCER TEAM
(Daft Resolution)
Rev K R J MESHOE: House Chairperson, I move without notice:
That the House -
(1) notes with great delight that Bafana Bafana astounded the Brazilian national soccer team with their outstanding performance this past weekend;
(2) further notes with appreciation that Bafana Bafana goalkeeper Itumeleng Khune was given a standing ovation by the Brazilian spectators, who chanted his name in the stands in São Paulo after his excellent performance in Bafana’s narrow 1-0 defeat to the home team;
(3) recalls that the Brazilian supporters went as far as booing their own team while cheering Bafana, who outplayed their more illustrious opponents for the greater part of the game;
(4) congratulates new coach, Gordon Igesund, for inspiring our national team to play brilliant soccer in his first match as Bafana coach; and
(5) calls on all soccer-loving men and women to rally behind our new coach and the new look Bafana Bafana, which is promising to make us all proud in both the Confederations Cup and the 2014 Soccer World Cup that will be held in Brazil.
Agreed to.
LAUNCH OF MAPUNGUBWE INTERPRETATION CENTRE
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon House Chairperson, I move without notice:
That the House -
(1) notes that on 10 September 2012 the Mapungubwe Interpretation Centre was launched during our National Parks Week observance at Mapungubwe National Park;
(2) further notes that in 2003, when Unesco accorded World Heritage status to Mapungubwe, they made a recommendation that an interpretation centre should be developed onsite in order to explain the significant but largely invisible remains of the Mapungubwe Kingdom;
(3) recalls that the interpretation centre building has won the prestigious World Building of the Year award in 2009 and has won six more awards for different aspects of this masterpiece;
(4) believes that the centre captures the spirituality, history, culture and indigenous knowledge systems of the people of South Africa and Southern Africa;
(5) further believes that the centre affords South Africa a platform for the recovery of the African stream of history and culture;
(6) acknowledges that the centre is a poverty relief project, using ecological methods and materials and extends beyond the presentation of ancient and more recent history of the area to awaken an understanding of the vulnerability of the local ecology; and
(7) calls on all citizens to use every possible platform to raise awareness and encourage every person to recognise the need to do something about the protection of our heritage.
Agreed to.
ANNUAL PILGRIMAGE OF MEMBERS OF ZION CHRISTIAN CHURCH TO MORIA
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon House Chairperson, I move without notice:
That the House -
(1) notes that the September festival, one of two of the largest Christian gatherings of the followers of the Zion Christian Church of South Africa, took place on 3 and 4 September 2012 at the church’s headquarters at Zion City, Moria, near Polokwane;
(2) further notes that the Zion Christian Church (ZCC) is one of the largest African indigenous churches in Southern Africa, with members belonging to ZCC Star and members belonging to the Saint Engenas ZCC;
(3) acknowledges that every year in September, the ZCC, like the Coptic Churches of Ethiopia and Egypt, celebrates the African New Year;
(4) further acknowledges that annually the Right Reverend Dr Bishop Barnabas Lekganyane uses the New Year celebration to inculcate human or ubuntu values and principles to enhance the national Moral Regeneration Movement; and
(5) extends its good wishes to all followers of the Zion Christian Church on their annual pilgrimage to Moria.
Agreed to.
PARLIAMENT DISMISSES SECRETARY TO PARLIAMENT MR ZA DINGANI
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon House Chairperson, I move without notice:
That the House -
(1) notes that -
(a) in a memorandum dated 1 December 2011 the Secretary to Parliament, Mr Z A Dingani, who is also the Accounting Officer, requested approval from the Executive Authority to Parliament for a “salary advance” in the amount of R186 000.00 to build a security boundary wall at his private residence;
(b) the Executive Authority approved the request on the basis that the Secretary to Parliament asserted that Parliament’s policies make provision for the granting of advances against salary in exceptional cases;
(c) it was later alleged that the said “salary advance” was improper;
(d) as section 67(2)(a) of the Financial Management of Parliament Act, Act No 10 of 2009, obliges the Executive Authority promptly to investigate any allegation of financial misconduct against the Accounting Officer, unless it is obviously unfounded, the Executive Authority requested the Auditor-General to investigate the matter;
(e) on 5 April 2012 the Secretary to Parliament was put on paid special leave in order to allow the investigation of the matter by the Auditor-General;
(f) on 9 May 2012 the Auditor-General recommended that disciplinary action be considered against the Secretary to Parliament;
(g) in accordance with section 67(2)(b) of the FMPA, the Executive Authority instituted disciplinary proceedings in accordance with the applicable systems and procedures;
(h) on 18 June 2012 the Secretary to Parliament was charged with nine counts of serious misconduct and, on 3 September 2012, a disciplinary hearing presided over by an external chairperson found him guilty on two of the charges, namely that he -
i. misled the Executive Authority of Parliament with regard to the existence and/or content of policies by misrepresenting to the Executive Authority of Parliament that the policies of Parliament made provision for the granting of a salary advance; and
ii. obtained an interest-free loan of R186 000.00 from Parliament in contravention of Parliament’s procedures and/or practices, and applicable legislation; and
(i) in light of the seriousness of the misconduct and of several key provisions of the FMPA that were contravened, the disciplinary hearing, on 6 September, recommended that the Secretary to Parliament be dismissed with immediate effect; and
(2) accepts the findings of the disciplinary hearing; and
(3) resolves that the Secretary to Parliament be dismissed with immediate effect.
Agreed to.
MOTION OF CONDOLENCES ON PASSING AWAY OF CONDOLENCE SISTER BERNARD NCUBE, FORMER MEMBER OF PARLIAMENT
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: House Chair, I move without notice:
That the House -
(1) notes with great sadness the death of former African National Congress Member of Parliament and former mayor of the West Rand Metropolitan Council, Sister Bernard Ncube, on 31 August 2012 at the age of 80;
(2) further notes that Sister Bernard was an unconventional Roman Catholic Church nun, who dedicated her life to the struggle for freedom, equality, justice, human rights and democracy;
(3) recalls that she had distinguished herself in the struggle for women’s and children's rights in a remarkable manner, culminating in her presidency of the Federation of Transvaal Women;
(4) further recalls that Sister Bernard suffered dearly for her convictions, being detained six times under state of emergency regulations, including once when she spent three months in solitary confinement in 1986;
(5) acknowledges that she served in the National Assembly, where her leadership skills were realised when she was the Chairperson of the Portfolio Committee on Arts and Culture; and
(6) extends its heartfelt condolences to the family, friends and colleagues of Sister Bernard Ncube.
Ms A M DREYER: Mr House Chairperson, I stand here today to pay my respects to the late hon Sister Bernard Ncube. Unfortunately, truth be told, I have never had the privilege of meeting Sister Ncube, and I cannot bear personal witness to her selfless devotion towards the people of this country. However, as it is with so many great leaders of years gone by, we need not have known them personally in order to see the impact that their lives have had on our society.
At the funeral of the late John F Kennedy Jr in 1999, his brother said the following: “From the first day of his life, John seemed to belong not only to our family, but to the American family.” When I read about the life and times of Sister Ncube, I thought of this eulogy and how relevant it was to the life of Sister Ncube. She was a daughter of South Africa, a child of the struggle and a humble servant of her people. She was known in her community as mmarona, “our mother”.
So significant was the impact of Sister Ncube on the lives of those around her that at the height of the apartheid regime she was quickly identified by the security police as a threat to the government of the day. She uplifted communities. She rallied the people and urged them to stand up for their rights and their freedom, becoming a prominent figure in the townships of the West Rand during the late 1980s.
As her political relevance increased, Sister Ncube kept the company of respected individuals such as the Reverend Frank Chikane and travelled with the UDF to the United States to meet George Bush, the then president. However, even as her authority grew, so did her humble nature, which commanded the respect of her peers. True to her roots, Sister Ncube’s feet were always firmly planted on the ground.
The Star newspaper recently commended her life and legacy by telling how she attended night vigils, carried coffins and walked with the people. Of course, her presence within the community made her an easy target for those who opposed her cause and she survived many attempts on her life. However, these dangers did not deter her efforts.
When she was once asked why she continued doing what she did amidst those constant threats, she answered: “One finds that if one trusts enough in God, then He lays the foundation and commitment of bringing about justice and freedom to the people.”
I find her answer inspiring and significant to today’s cause of consolidating our democracy. If we trust in the greater good, stay true to our beliefs and principles, and pursue the ultimate goal of freedom and justice for all, this country shall truly be magnificent.
Irrespective of the company she kept, irrespective of earthly distraction and temptation, she always stayed in touch with her roots. Sister Ncube never lost sight of what she had set out to do. Hamba kahle, mmarona! [Go well, our mother.] Thank you. [Applause.]
Mr M G P LEKOTA: Hon Chairperson, it is indeed a very sad day. This afternoon we are saying goodbye to one of South Africa’s most fearless freedom fighters. Diminutive in stature, Sister Bernard was a towering giant in terms of moral rectitude. She was always dressed in her white habit, with a demure wimple on her head. She strove with all she was worth for a united and just South Africa.
Although she was frequently imprisoned by the apartheid authorities and held in solitary detention for months, or bombed where she slept, or harassed in numerous ways, she took all that was thrown at her in her stride.
Here was an individual determined and committed to mobilising South Africans, men and women, to take up their position in the great struggle. She fervently maintained that women must take their rightful place. She often said that women never went back, they only went forward. Sister Bernard had that look that often left you with a question. She seemed to be saying, “What are you and I going to do about the suffering of the people of our country?”
I recall – this was while I was in the confines of Modderbee Prison in 1986 - the newspaper reports indicating that she had instigated an interdict against the South African Police and the Defence Force not to attack people in Kagiso. At the time that was an extremely courageous thing to do. Few people would have ventured there and it made her a marked person by the security forces. It was therefore hardly surprising that she was arrested shortly thereafter and detained for more than 16 months. She and 14 other Kagiso community leaders were later charged for sedition and other serious offences.
Sister Bernard believed her Catholic faith had to be a living faith. She lived what she believed in. At one point she responded to a journalist and said, “God always creates space; ground on which we are able to advance the cause of justice and freedom of the people.”
Her strength matched her belief. To her, justice and freedom meant much more than political freedom. She wanted poverty and its causes to be fully addressed and eliminated.
When I heard that Sister Bernard had passed on, I really regretted not having asked her what order she belonged to, and what vows she took.
Sister Bernard followed her conscience; she showed this through her involvement in party politics. She also availed herself for office, even though this was frowned upon by the church to which we belonged.
Now that she is gone, her work, her performance and her exemplary character must not be allowed to disappear from the face and political life of our nation. Her legacy must be made to live on.
It is therefore with sadness that we register our regret that someone with such a reservoir of moral integrity is gone at the very time when our country most desperately needs to draw from those reserves and the examples she set.
To everyone ever associated with Sister Bernard, be it as family members, comrades in formations, associates, or friends and neighbours in communities, Cope offers its sincerest condolences. The passing of so noble a spirit cannot but touch us all, and we indeed feel the sadness of being parted from her. Rest in peace, Sister Bernard! May your life and work inspire us deeply as we seek our future. [Applause.]
Mrs C N Z ZIKALALA: Hon Speaker, I rise on the sad occasion of the passing away of Sister Bernard Ncube. She was a woman not only of vision and leadership, but also of firm belief and unwavering dedication to her work. She was a highly regarded heroine and veteran of our struggle for freedom and democracy. She gave her life to the church in 1955, when she entered the Companions of Angela religious community. In joining the convent she demonstrated that she was destined to serve humanity.
She was an active member of the ruling party and the church, where she played a great role. She served selflessly in both of these groups with unbridled passion, focus, determination and an uncompromising loyalty to both her colleagues and the party. In 1994 she was elected a Member of Parliament and she chaired the Committee on Arts, Culture, Science and Technology. She has been referred to as being an unorthodox nun who was not afraid of taking counter-populist positions. She followed her conscience and spoke from her heart. She was a woman of integrity and honour. She will be sorely missed.
Friends, we gather here today not only to mourn, but also to celebrate the life, achievements and dedication of Sister Bernard Ncube. She was loved by the people she helped and by the people who worked alongside her. She remains an exemplary role-model in whose footsteps we should all aspire to follow. Sister Ncube was a mother to many who were involved in the struggle for liberation in South Africa.
In conclusion, she will be missed terribly. We are never to forget her. The entire IFP salutes and thanks her for the great work she has done for her people, church and country. May her soul rest in peace.
Ngithanda ukubhekisa kumantombazane onke ale Ndlu ukuthi intombazane isebenzile. Siyayizwa imisebenzi yayo. Kuyinselela kithi ukuthi siyilandele, siyilingise, sibambane, singakhulumi izindaba zombangazwe njengamantombazane. (Translation of isiZulu paragraph follows.)
[I would like to direct this to all the women of this House by saying that this woman worked hard. We have been told about the work she did. It is a challenge to follow in her footsteps - by doing what she did, being united, and not to talk about politics as women.]
We are women; our sufferings are the same. We need to join hands and stop saying, “You are yellow, you are green, and I am blue.”
Bengithi angikusho nje lokhu ngingakasuki la enkundleni. Ngiyabonga. [Ihlombe.] [I just wanted to say this before I leave this podium. Thank you. [Applause.]]
Mr N M KGANYAGO: Mr Speaker, hon members, the UDM extends its sincere condolences to the family, friends and colleagues of the late Sister Bernard Ncube. Sister Ncube is yet another of the class of 1994, that first crop of democratically elected Members of Parliament, to depart from us. It is also worth noting that she too, like many other significant political players, comes from community development organisations and women empowerment organisations, such as the Federation of Transvaal Women.
The late Sister Ncube was an active participant in politics for many decades and participated in events that shook our country in the latter half of the 20th century. She therefore leaves a legacy of considerable proportions. Our thoughts and prayers are with her family. May her soul rest in peace. Ke a leboga. [Thank you.] [Applause.]
Dr C P MULDER: Hon Speaker, in 1994 a group of women whom I would like to call “senior stateswomen” came to Parliament. Sister Bernard Ncube was one of those and, if I may mention two other ladies in the same vein, I remember our colleague, hon Bertha Gxowa, and the hon Faith Gaza. Both of them have also passed on. Sister Bernard was one of those “senior stateswomen” who came to Parliament. I remember her very well. I had the privilege to serve with her in this House from 1994.
The picture that was shown to us just now - that is exactly how we all remember her. Always dressed ...
... met die wit doek van susterskap op haar kop. Dit is presies soos sy gelyk het. Dit is ook hoe sy altyd opgetree het. Sy het aan ons ’n voorbeeld gestel dat ‘n mens nie bombasties of lawaaierig hoef te wees om jou standpunt baie sterk te stel nie. Daarom was sy gerespekteer in hierdie Huis; haar standpunt was gerespekteer en almal het van haar insette geweet en kennis geneem.
Ek wil graag namens die VF Plus ons opregte medelye betuig met haar familie, en haar naasbestaandes wat vir haar lief was en haar nou verloor het, asook met die ANC, wat ’n kollega verloor het. Ons respekteer die bydrae wat sy gemaak het. Ons dra ons opregte simpatie oor en ons assosieer ons graag met die mosie wat voor die Huis dien. (Translation of Afrikaans paragraphs follows.)
[... with the white wimple of sisterhood wrapped around her head. That is exactly what she looked like. That is also how she always conducted herself. She set us the example that one does not have to be bombastic or noisy to get one’s point of view across very strongly. Therefore she was respected in this House; her point of view was respected and everyone knew about her inputs and took note of them.
On behalf of the FF Plus, I would like to convey our heartfelt condolences to her family, and her relatives who loved her and now lost her, and also to the ANC, who has lost a colleague. We value the contribution that she had made. We convey our heartfelt sympathy, and we would like to associate ourselves with the motion that has been tabled in this House.]
Mrs C DUDLEY: Hon Speaker, the ACDP learned with sadness of the death of Sister Bernard Ncube on Friday. She had been serving as the mayor of the West Rand region of Johannesburg.
Sister Bernard was born in Johannesburg in 1933. She attended college in Lesotho, where she received a Diploma in Theology, entered the Companions Catholic Order and was a teacher until 1960.
During the 1970s and 1980s, Sister Bernard helped to form local women’s organisations and was elected president of the Federation of Transvaal Women in 1984.
She was detained six times under emergency regulations, including a time when she spent three months in solitary confinement. When her cause received international attention, she was freed, but rearrested on charges of sedition and subversion, which were later withdrawn by the state when no substantial evidence could be found.
In 1994, when Sister Bernard took office as a Member of Parliament and chaired the Portfolio Committee on Arts, Culture, Science and Technology, I was also a Member of Parliament. I did not sit on any portfolio committee with her, but I did notice that in my first five years in Parliament, whenever I was on the speakers’ list, Sister Bernard would always be either directly before me or directly after me on that list.
She was known and respected for her part in the struggle for the rights of women and children. She has been referred to as an unorthodox nun, particularly because she argued for abortion during her participation in the debate on the Choice on Termination of Pregnancy Amendment Bill.
The ACDP extends its condolences to her Mother Superior, sister nuns, ANC colleagues and all who knew and loved her.
Mr I S MFUNDISI: Hon Speaker and hon members, it is a sad moment when a human being leaves us in death. It makes us even sadder when such a person was a Christian as devout as Sister Bernard was.
I came to know the late Sister Bernard closely in the years 1999 to 2004, when she was a member in this House. She chaired the then Portfolio Committee on Arts, Culture, Science and Technology for the 1994 to 1999 session. She later moved on to chair another committee, as Dr Wally Serote had to chair the one on arts and culture.
I remember her calling me aside after a meeting in which I had raised the need to introduce the Mmabana Arts, Culture and Sport Foundation concept countrywide. She wanted to know what that was about. On learning that it was an institution that trained the youth and adults alike in a variety of art forms, she sounded interested and felt that it could be mooted.
Sister Bernard came across as a resolute, determined member whose smile, let alone laughter, was very scarce. Taking her role in the struggle for democracy into account, we admit that she lived up to the mission of the church, which is, among other things, to liberate those who are incarcerated.
We bid this woman of faith farewell in the full knowledge that she has showed her mettle. May she find peace and rest in the celestial empire to which she has departed.
Mr L M MPHAHLELE: Hon Speaker and hon Deputy President, once again death has robbed us of a gallant daughter of the soil. Sister Bernard Ncube’s untimely death is a huge loss to the entire nation, not only to the ANC.
She distinguished herself as a fearless nun, who never compromised her beliefs on the altar of orthodoxy. She injected a heavy dose of relevance into the church by addressing political matters and insisting that justice be done on earth.
Sister Ncube was a lantern of hope in the long night of colonial subjugation and white domination. She was a loud, clear and eloquent voice of the voiceless; a companion of the poor, the marginalised and the downtrodden masses of our country.
Re le ba mokgatlo wa PAC re re: Sepela gabotse mogale wa bagale. Tšhukudu e kgolo ya ga Ncube e lapišitšwe ke marumo a botšofadi le bolwetši. Afrika e tla šala e go gopola ka bokgabane le botho bja gago naletšana ya ntlo e kgolo, ntlokgolo ya majakane, ntlokgokolo ya boMopapa. Ge nkabe lehu le na le ditsebe, re be re tla le sebela ra re: Go kaone ge o ka phamola yo mongwe goba le lengwe la mafeela ao a ebelago le naga ye a sa tsebe gore a nyaka eng.
Sepela gabotse mmago setšhaba, mofepi wa ditšhuana. Ga di lebogwe. (Translation of Sepedi paragraphs follows.)
[As the PAC, we salute you, our mighty warrior! In her old age, the great warrior Ncube suffered and died from a very long illness. Africa will remember her sense of humour and kindness. If it were possible, we would whisper into death’s ears and say: It would be better if you had taken someone else wandering about instead of Ncube.
May your soul rest in peace, mother of the nation, caregiver of the orphans. I thank you.]
Mr R B BHOOLA: Mr Speaker, on behalf of the MF, I convey our deepest condolences to the family, friends and relatives of the late Sister Bernard Ncube on her sad demise. Our heartfelt condolences also go to the ANC on the loss of an astounding leader and a remarkable individual.
As you know, death is one of those harsh and hard realities that one cannot but accept. We pray that you do not lose your strength of mind as you mourn her death. You will always be reminded of what a great and charismatic personality she was. May you gain comfort from knowing that she is lying in the arms of the Lord. Sister Bernard was always passionate about the church and her love for God was tremendous and without measure.
The passing of this veteran women’s rights activist is a great loss not only to the people of Gauteng, but of South Africa. With her warm and caring heart, her service to the most vulnerable and in the fight for liberation, she strived to ensure that the needy did not go to sleep on an empty belly. Indeed, she was a great inspiration to all women and a true citizen of humanity.
Those who lived in her shadow consider it a singular honour and privilege. She was passionate about women’s issues and ensured that injustices were addressed so that they did not cause progress to stagnate or deter the advancement of women.
Sister Bernard leaves behind a legacy in the community that is infused with honesty, integrity, dignity and, above all, tenacity.
Despite Sister Bernard’s religious beliefs, she was pragmatic when it came to public policy and opinion. With her great spirit of humility, she did not deviate from the cause that service to humanity is service to God. Those who worked with her were humbled by her commitment and dedication to deliver a better life for all who lived with hardship. She was known to be a true servant of the people and she stood the test of time.
May her soul rest in peace through the grace of God Almighty.
The DEPUTY MINISTER OF SOCIAL DEVELOPMENT: Mr Speaker, hon members, family members of the late Sister Bernard Ncube, ladies and gentlemen, ... sanibonani. [... I greet you.]
Thank you for the opportunity to pay homage to a remarkable person, someone who truly lived a life of selfless struggle - Sister Bernard Ncube. Sister Bernard led by example when she entered the community of the Order of Companions of St Angela as a very young woman. This was not done because of any selfish motive but, unlike many who proclaimed to be Christians and render only an outward service to God, Sister Bernard knew it was impossible to please God without faith. She understood that Jesus came so that we may have life abundant. This is the reason she took the yoke of Jesus upon herself and became a co-worker of Jesus to free the people from the shackles of apartheid, shame and poverty. It is obvious that Sister Bernard’s deep and abiding faith in the power of her Creator was the reason for her existence. Everything she did was therefore just a logical step in her understanding of what the essence of being human was all about.
It was this faith that gave Sister Bernard the courage to face her tormentors when they unleashed their forces of evil against her and the communities she served. Rooted in the struggle was Sister Bernard. It was this faith that sustained her and kept her true to the Scripture teachings after countless bouts of detention. It was this faith that made Sister Bernard believe that South Africa would be free one day.
The Scriptures implore us to love our neighbours as ourselves, and it was this belief that led Sister Bernard to be her sister’s and her brother’s keeper. Not only did she know the Scriptures, but she practised the Word. Like the biblical heroines, Sister Bernard stayed true to her faith. She was a Deborah of this country, leading and advising her people until we could all sing the song of victory; the song of freedom.
Like Esther, Sister Bernard was a heroine in a time of oppression; her faith in her Creator never wavering. Sister Bernard knew inherently that if God were with us, who could be against us? She also knew that with God everything was possible. Sister Bernard, in the true tradition of the great women disciples of Jesus, like sisters Mary and Martha, bore witness to extremely painful times. However, like Mary Magdalene, Sister Bernard knew that weeping may last for the night, but that joy comes in the morning, when she, along with millions, witnessed the resurrection of our country in 1994.
Sister Bernard’s life was not lived in isolation from the wider faith communities that she was a part of. She followed in the footsteps of other faith leaders who lived their beliefs in the praxis of a contextual theology – ladies and gentlemen like Chief Albert Luthuli, Dr Beyers Naude, Dr Charlotte Maxeke and many others. In their understanding of the Scriptures and theological witness, they knew how to discern the meaning of and contribute to the course of social change.
These great women and men took their inspiration not from classic texts on behaviour, but from the harsh realities that they and the majority of South Africans faced at that time, always keeping in mind what the future possibilities of a free South Africa might be.
Wayeyibona-ke inkululeko ingakafiki uSista Bernard Ncube. [Sister Bernard Ncube visualised the freedom before it came to pass.]
When called upon to serve in the first democratic Parliament, this woman of God once again put her faith in the organisation that she knew assisted our people through the worst excesses of the apartheid regime, a system that was very cruel to humanity, dehumanising people and making them subhuman because of their colour. Like our other great icon, Madiba, Sister Barnard lived for that which she was prepared to die. She understood that she was created in the image of God and therefore she lived to fulfil the purpose of her Creator. She needed to be respected as an equal human being. Knowing that what she was doing could lead to her death, she understood that living a life of purpose and contributing to the common good was a higher calling – and this is what ignites the desire to do more.
She embodied the principles of the party she represented - the principles of nonracialism, nonsexism and democracy. She did not shy away from inconvenient truths; she was guided by faith, nothing more and nothing less. Her religion did not prevent her from fighting for the emancipation of women and for equality. She also fought for economic freedom.
When I met Sister Bernard in this august House in 1994, both of us newly elected Members of Parliament, I was drawn to this woman of faith, small in stature but large in belief – belief in justice for all. Sister Bernard led an interparty prayer group, but never imposed her doctrine on others. She was humble and faithful to the cause she dedicated her life to. We used to pray together in room 206 every Wednesday morning, and she was dedicated to that. Sister Bernard prayed, because she knew that prayer was the sibling of perseverance; that patience was a spiritual virtue and that one needed to stay focused while awaiting the fruits of one’s labour. She knew that to overcome supernatural obstacles you needed supernatural intervention, which you could obtain through the intercession of the Creator.
Sister Bernard, you fought a good fight.
Ukulwile ukulwa okuhle. Uliqedile ibanga lakho, usulindele umqhele wakho kanye nabaningi. [You fought a good fight. You finished your course; you are now awaiting your crown together with the others.]
We all feel privileged for having had Sister Bernard Ncube as one of those who contributed to building a democratic, nonracist and nonsexist South Africa. Sister Bernard fought a good fight. When people like this die ... sithi: balele, baphumule abafanga. [... we say: they are sleeping, resting; they are not dead.]
We thank her family and her religious community for having been part of shaping the life of this remarkable woman of faith.
Kwangathi sonke singathi: “Mphefumulo wami nyathela ngamandla”. Sisho njengo-Deborah wakudala owathi uma enqobile esebuya empini wathi “mphefumulo wami nyathela ngamandla”. (Translation of isiZulu paragraph follows.)
[My wish is we that all say: “March on, my soul! Be strong”. Saying it like Deborah of the olden days who, on her return after having won the battle, said these words, “March on, my soul! Be strong”.
She displayed all that was good and respectful. She has now taken her rightful place at the side of the Almighty. May we never forget her.
Robala ka kgotso mme wa rona. [Rest in peace, our mother.] Lala ngoxolo qhawe lamaqhawe. Hamba kahle. [Rest in peace, great heroine. Farewell.] Thank you very much, hon members. [Applause.]
Debate concluded.
Agreed to, members standing.
ANNOUNCEMENT OF ANTIMALARIA DRUG CANDIDATE COMPOUND DEVELOPED IN SOUTH AFRICA
(Member’s Statement)
Ms M L DUNJWA (ANC): The ANC congratulates the Department of Science and Technology and the Drug Discovery and Development Centre of the University of Cape Town on the announcement on 28 August of the breakthrough regarding an antimalaria drug candidate compound. This is the first time that a modern pharmaceutical drug discovery has been achieved on African soil. The recently discovered compound, from the aminopyridine class, not only has the potential to become part of a single-dose cure for all strains of malaria, but might also be able to block transmission of the parasite from person to person.
This is according to a research collaboration involving the Medicines for Malaria Venture, based in Switzerland, and the Drug Discovery and Development Centre at the University of Cape Town. On the basis of the initial results, it has been selected by the MMV for further development.
The candidate molecule is novel, potent and has the potential to have a significant impact on global malaria control and eradication. The discovery was announced as a significant victory in the battle to alleviate the burden of the disease in Africa and has been described in one bulletin as “South Africa’s gift to Africa”. Our congratulations also go to Prof Kelly Chibale and his team.
DISMAYING REPORTS OF NO OR SUBSTANDARD SANITATION SERVICES
(Member’s Statement)
Mr S MOKGALAPA (DA): Speaker, the DA is dismayed by reports that an estimated R50 billion is needed to deal with the sanitation backlog faced by 3 million households mainly situated in the rural areas. Figures released based on the countrywide sanitation hearings by the Human Rights Commission show that 11% of households have no access to sanitation services and 26% of households receive substandard sanitation services. This is largely due to the deterioration of infrastructure. The fact that 37% of households are without adequate basic sanitation is a gross violation of human rights and human dignity.
This sad state of affairs can be attributed to poor planning, lack of capacity, institutional fragmentation and a lack of intergovernmental relations. This is unacceptable. The DA calls on the Minister of Human Settlements to come up with urgent measures to rectify the situation and ensure that every household has access to basic sanitation services, which is a basic human right. We have heard enough of reports, diagnoses and commissions. All we need now is action. [Applause.]
MINISTER SHABANGU’S REMARKS ABOUT MR M G P LEKOTA
(Member’s Statement)
Mrs J D KILIAN (Cope): Speaker, according to the Hansard of 21 August 2012, in the debate on the Lonmin mine massacre, hon Minister Shabangu is recorded as saying:
I must also indicate, Mr Lekota, that this government never calls soldiers to attack communities. During your era as the Minister of Defence in Khutsong, you called soldiers to attack. You are the one who is more brutal than the ANC.
She was called upon to withdraw the remark, but insisted that it was true. She was supported by hon Minister Molewa, who claimed to have been present during the events. The record of Hansard is there for all to read.
The serious and misleading nature of such allegations, made in this House, require honest and urgent disclosure from the two Ministers. Were they honestly under the impression that a Minister of Defence could deploy the army or were they wittingly misleading the House? It is clear to everybody what section 201(2) of the Constitution of the RSA stipulates. It compels the President to deploy the Defence Force. The Constitution also compels him to inform Parliament of such a step.
The only conclusion that can therefore be made is that both of these Ministers deliberately misled this august House and the people of South Africa. We therefore request the Ministers to come clean and to apologise for their reckless, unsubstantiated remarks and to indicate that they were, in fact, deliberately misleading the House. Only the truth can set them free. [Applause.]
The SPEAKER: Hon member, your time has expired. Apart from your time having expired, that issue was a point of order that was raised and the Deputy Speaker still has to make a ruling on it.
SUMMIT ON REDUCTION OF MATERNAL AND CHILD MORTALITY IN AFRICA
(Member’s Statement)
Ms B T NGCOBO (ANC): Speaker, recently the Potchefstroom Hospital convened the Campaign on Accelerated Reduction of Maternal, Newborn and Child Mortality in Africa, the Carmma Summit. Under the theme “North West province cares: No woman should die while giving life”, the summit explored methods designed to curb high maternal, perinatal and under-five morbidity and mortality.
Carmma is an initiative of the African Union Commission to curb the high pregnancy-related death rate on our continent. It was launched at continent level during the AU Conference of Ministers of Health in May 2009 in Ethiopia, under the theme “Universal access to quality health services: Improve maternal, neonatal and child health”.
The World Health Organisation estimates that as many as 1 500 women die worldwide every day due to complications related to pregnancy or childbirth. Similarly, 10 000 babies die per day within the first month of life, and an equal number of babies are born dead. More than 90% of these deaths occur in developing countries, most of them in Africa. A worrying concern is that the large number of deaths has preventable causes.
Delegates engaged robustly on various interventions needed at community, primary healthcare and hospital levels for better health outcomes, and they shared reports on saving mothers, babies and children. [Time expired.] [Applause.]
CLAIMS OF XENOPHOBIA IN MAYFAIR, JOHANNESBURG
(Member’s Statement)
Mr V B NDLOVU (IFP): Mr Speaker, the IFP calls for an urgent investigation into the reported claims of xenophobia in the Mayfair area of Johannesburg. These claims are of grave concern because xenophobia appears to be becoming endemic and systemic in some areas. There needs to be an urgent investigation and intervention into claims by a group that calls itself the SA Blacks Association that they will burn down houses, kill children and burn down foreigners’ shops.
The IFP believes there are other ways in which communities can raise concerns regarding socioeconomic issues. In 2008 this country experienced xenophobic rioting and many foreigners were killed. Communities do not want to experience that kind of violence again.
The intelligence services of this country must be able to identify the leaders of the group that is intimidating people and threatening chaos around the country for its own benefit. The IFP calls on the State Security Agency, the United Nations High Commissioner for Refugees, the International Organisation for Migration and the SA Human Rights Commission to work closely with the SAPS to stabilise the situation before it escalates out of the country’s control.
VIOLENT PROTESTS IN SOUTH AFRICA
(Member’s Statement)
Mnr P J GROENEWALD (VF Plus): Agb Speaker, op 22 Mei 2008 het ek in ’n verklaring in hierdie Huis gesê die ANC pluk die wrang vrugte van die mislukkings van sy regering.
Een van die baie mislukkings is die versuim om wet en orde te handhaaf. Die mislukking om geweldsmisdaad in Suid-Afrika onder beheer te kry, veroorsaak dat mense hulle tot geweld wend sonder die vrees dat hulle gearresteer en suksesvol vervolg sal word.
Almal is nou skielik verbaas oor Marikana. Die VF Plus het gewaarsku dat die geweldadigheid wat met stakings en protesoptogte gepaardgaan op die ou end anargie sal skep. Die VF Plus waarsku die regering vandag weer ’n keer.
Die geweldadigheid van die stakings in die sekuriteitsbedryf in 2006, waarin 64 mense dood is, die staatsdiensstaking van 2011, waartydens pasiënte in hospitale gesterf het omdat gesondheidswerkers nie gewerk het nie, en gister se protes op die N1 by Touwsrivier, waar motors en vragmotors met klippe bestook is, is verdere voorbeelde van dié tipe geweldadigheid.
Gister is bestuurders beseer en besteel. Vragmotors se seile is afgeskeur, die vrag is gebuit - en slegs een persoon is gearresteer. Is dit hoe wet en orde gehandhaaf word? Die onskuldige publiek het niks hiermee te doen nie, maar hulle is die slagoffers.
Die ANC skep die kultuur van geweld in Suid-Afrika. Hy het dit voor 1994 geskep en skep dit steeds. Ons pluk nou die wrang vrugte van ’n vorige Minister van Polisie, Charles Nqakula, wat vir my gesê het ek moet ophou kla oor misdaad in Suid-Afrika of die land verlaat. Die ANC regering moet besef wat hy saai, sal hy maai. (Translation of Afrikaans member’s statement follows.)
[Mr P J GROENEWALD (FF Plus): Hon Speaker, on 22 May 2008 I made a statement in this House that the ANC was reaping the bitter fruits of the failures of its government.
One of these many failures is the inability to uphold law and order. The failure to curb violent crime in South Africa has resulted in people resorting to violence without fear of being arrested and prosecuted successfully.
Everybody is suddenly surprised about Marikana. The FF plus has warned that strikes and protests accompanied by violence will eventually lead to anarchy. Today, the FF Plus is warning government about this yet again.
The violent nature of the strikes in the security industry in 2006, during which 64 people died, the Public Service strike in 2001, during which patients died in hospitals because health workers did not perform their duties, and yesterday’s protest action on the N1 at Touws River, where cars and trucks were bombarded with stones, are further examples of this sort of violence.
Yesterday, drivers were injured and robbed. The canvas was torn off trucks, the cargo was looted — and only one person was arrested. Is this how law and order is upheld? The innocent public have nothing to do with this, but they are the victims.
The ANC is creating a culture of violence in South Africa. It did so before 1994 and is continuing to do so. We are now reaping the bitter fruits of a former Minister of Police, Charles Nqakula, who told me that I should stop complaining about crime in South Africa, or leave the country. The ANC needs to realise that it will reap what it sows.]
BRAND-NEW AMBULANCES, COMMUNITY HEALTH CENTRE AND JOB OPPORTUNITIES FOR UMKHANYAKUDE
(Member’s Statement)
Ms F E KHUMALO (ANC): Speaker, Umkhanyakude is to get brand-new ambulances, a community health centre and job opportunities. The ANC’s 2009 manifesto stated that health was a key priority for the next five years of government. In seeking to fulfil this directive, the rural district of Umkhanyakude received a much-needed boost in health services when a site for the construction of a R262 million community health care centre and a fleet of brand-new ambulances were handed over by the KwaZulu-Natal health department.
The district, with a population of over 600 000, is known to be the most rural district in the province and borders on the neighbouring countries of Mozambique and Swaziland, whose citizens frequent public health facilities in South Africa. Most of the inhabitants are unemployed and poverty has taken hold. The community health care centre, which will provide “mini hospital” levels of care, should be completed in 24 months and will create 906 jobs for the local community. We welcome these interventions and urge all emergency medical practitioners to ensure that they do their work with discipline, commitment and honour. [Applause.]
INFILTRATION OF POLICE BY HARD-CORE CRIMINAL
(Member’s Statement)
Rev K R J MESHOE (ACDP): Speaker, one of the most embarrassing and shocking stories published in the media recently is the story of a certain Musa Khumalo, who escaped from police custody in Johannesburg, allegedly with the help of a warder. After his escape, he fled to KwaZulu-Natal, where he introduced himself as Brigadier Musa Khumalo and started working at various police stations in that province. Surprisingly, this bogus brigadier was praised for his success rate in the province, where he allegedly helped the police to recover more than 40 stolen and hijacked cars in recent months.
It was only when the Johannesburg police circulated the picture of an alleged killer who escaped from custody that alarm bells began to ring. Nobody seems to know how he got involved with the police in KwaZulu-Natal without security clearance.
The ACDP finds it deplorable that a man who is described by some police officers as a hard-core criminal could infiltrate the police so easily and be praised for the great success he allegedly had. How is it possible for an alleged hard-core criminal to infiltrate the KwaZulu-Natal provincial headquarters, be allowed to visit several police stations in northern KwaZulu-Natal, allegedly in an official police car, without the Crime Intelligence Unit becoming aware of the infiltration?
The ACDP believes that the Musa Khumalo saga should be thoroughly investigated. We want to know who issued him with a police uniform, cars and the other resources he used to do what the police say was a sterling job as a police brigadier.
Some of us remember that when Lieutenant-General Nhlanhla Mkhwanazi was acting National Police Commissioner, he was reported to have said that almost half of the Crime Intelligence Unit was corrupt and that he planned to root out all the officers involved in the rot. Unfortunately he was transferred before he could do so.
We want to know whether these allegations of corruption in the Crime Intelligence Unit are being investigated or whether police management is happy with a unit that is tainted by serious allegations of corruption.
UNEMPLOYED YOUTH OF SOUTH AFRICA
(Member’s Statement)
Mr G G HILL-LEWIS (DA): Speaker, over the past six weeks the DA has campaigned across South Africa to put the stories of the millions of South Africans who are unemployed onto the national agenda and to talk about our plan to grow the economy and create jobs. Yesterday the leadership of the DA gathered at the Union Buildings, together with 423 young unemployed South Africans, each of whom represented another 1 000 young South Africans who would have benefited from the youth wage subsidy - 423 000 in total. The young people present yesterday were carrying posters with the faces of the unemployed on them.
The President may find it easy to say no to statistics, but I hope he will find it more difficult to say no to the faces of the people he is failing. The President can be moved to action or he can continue to put his own job security above the interests of unemployed South Africans. The choice is his. [Applause.]
DEPARTMENT OF TRADE AND INDUSTRY HOSTS SOBRIETY WEEK
(Member’s Statement)
Ms J L FUBBS (ANC): Speaker, the ANC wishes to congratulate the Department of Trade and Industry for hosting Sobriety Week, a national campaign aimed at creating awareness of the adverse effects of alcohol. In its second year, Sobriety Week is targeting the youth and women, especially pregnant women. This coincides with International Foetal Alcohol Syndrome Day.
“Combating alcohol abuse is everyone’s business” is the theme driving the 2012 campaign which was launched on Friday, 7 September, by the Deputy Minister, Ms Elizabeth Thabethe. She has teamed up with all the provinces, beginning in the North West, and will be going to KwaZulu-Natal and another four provinces.
The campaign is also highlighting the high-risk behaviours related to alcohol abuse, such as violence, risky sexual activity and the spread of Aids.
The DTI should also be congratulated for underpinning compliance measures with a powerful awareness campaign and programmes. This sets an example to the private sector and should encourage them. Furthermore, the government is also using Sobriety Week to encourage behavioural change among South Africans by offering programme alternatives that create an enabling environment for communities to participate in the mainstream economy. It is also encouraging activism among all concerned members of the public.
MAINTENANCE OF 2010 WORLD CUP STADIA
(Member’s Statement)
Mr M HLENGWA (IFP): Speaker, the IFP is of the view that the 2010 Fifa Soccer World Cup in South Africa presented the nation with an opportunity to open itself up to the world. We prided ourselves on how we built stadia and roads while getting a pat on the back for a job well done from Fifa.
From that time until now, our stadia across the country are struggling to be self-sustaining, with large amounts of public funds being used to pay the maintenance fees. For instance, the Cape Town Stadium costs close to R50 million annually to be maintained, while it brings in only between R10 million and R12 million in revenue.
Instead of putting funds towards service delivery, funds are being used to maintain these white elephants.
In Durban eThekwini Municipality bought 15 000 tickets for R1,5 million to give away in an attempt to entice people to attend the games, while paying more to subsidise the remaining tickets. This action is misguided as it does not present a viable long-term solution, but it is a quick and wasteful means of spending public funds.
The cost of maintaining these stadia is an unnecessary burden on the taxpayer and plans must be put in place urgently to ensure that they become self-sustaining revenue streams. Plans should have been in place even before they were built. The euphoria is over. Yes, we felt the World Cup. It was here, but the mess it left behind is testament to what happens when we suspend common sense. We need a quick solution that will benefit our people, not this destructive kneejerk reaction to the problem.
WITHDRAWAL OF TRADITIONAL COURTS BILL
(Member’s Statement)
Ms C K K MOSIMANE (Cope): Speaker, Cope calls on ANC women MPs to honour the consensus that was reached at the Women’s Parliament that the Traditional Courts Bill should be withdrawn and to insist that Minister Jeff Radebe withdraws this draconian Bill immediately.
The Bill before the NCOP is exactly the same as the 2008 Bill. This is despite the fact that the SA Law Commission, in consultation with interest groups, including the Alliance for Rural Democracy, presented a revoked draft to the Minister in 2003. This revoked draft provided a so-called opt-out right for rural women who preferred to access magistrates’ courts instead of customary courts.
Unfortunately, Minister Radebe stands firm, refusing ...
The DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Speaker ...
The SPEAKER: On what point are you rising, hon member?
The DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Speaker, on a point of order: My knowledge of the Rules might be a little bit on the rusty side and maybe you can assist us. Is the hon member not anticipating a matter that either is or might be on the agenda of Parliament or this House? [Interjections.]
Mr D A KGANARE: Speaker, on a point of order: The hon Deputy Minister did not rise on a point of order. He rose to raise a question. [Interjections.] [Laughter.]
Mrs J D KILIAN: Hon Speaker ...
The SPEAKER: And what point are you rising on? [Laughter.] Continue, hon member.
Mrs J D KILIAN: Can she continue?
The SPEAKER: You can. I don’t know about her, but you can! [Laughter.]
Mrs J D KILLIAN: Hon Speaker, we just want to bring it to their attention that the Bill is not before this House. It is before the NCOP and therefore we are not anticipating an Order of this House.
The SPEAKER: That is correct, hon member. Proceed, hon member.
Ms C K K MOSIMANE: Thank you, Speaker. Unfortunately, Minister Radebe stands firm, refusing to withdraw the Bill, with leading ANC women supporting him. Is this to appease the traditional leaders’ lobby in the run-up to the ANC’s Mangaung leadership elections? [Interjections.] It will be very disappointing if ANC women MPs are turning a blind eye to the pleas of rural women who rejected this Bill in its entirety. [Interjections.]
The SPEAKER: Order, hon members! Order!
Ms C K K MOSIMANE: The current Bill is establishing a separate and unequal legal regime for millions of people in the former Bantustans, effectively reintroducing the second-class citizenship of the apartheid era, entrenching apartheid tribal boundaries and undermining the constitutional rights of women, who would be criminalised if they wanted to opt out of traditional court procedures. Whereas we believe that traditional courts have a role to play in dealing with matters relating to the restitution of justice, Cope cannot support the current Bill. [Interjections.] [Time expired.] [Applause.]
The SPEAKER: Order! Hon members, order.
Prince M G BUTHELEZI: May I ask a question, sir?
The SPEAKER: Do you want to ask me a question, sir?
Prince M G BUTHELEZI: Yes. Is that the new spokesman for traditional leaders, or is it lobbying for Mangaung?
The SPEAKER: That is a general question. Please don’t answer it now. Let’s finish the programme. [Laughter.]
MOBILE SCIENCE LABORATORIES FOR RURAL SCHOOLS
(Member’s Statement)
Chief M NONKONYANA (ANC): Mr Speaker, Deputy President and hon members, the ANC congratulates the Department of Science and Technology on the handing over of eight mobile science laboratories on Monday, 27 August 2012, to schools in Shixini village in Willowvale, under Nkosi Dumalisile. Aa! Gwenyathi! [Praises!]
Over and above the mobile laboratories, the department also provided 200 science calculators to learners at 8 schools in the area. Each mobile laboratory is equipped with apparatus and other relevant items that will enable the schools to demonstrate 64 physical science experiments related to the new school curriculum in Grades 11 and 12. The department will assist the teachers to use these mobile laboratories in collaboration with the nongovernmental organisation Teach SA.
Sithi Maz’nethole! Ukwanda kwaliwa ngumthakathi namagqagala aze akubona ukukhanya kurhulumente omhle okhokelwa ngumbutho woobaw’ omkhulu, uKhongolose. Ndisatshaya Xhamela. [Kwaqhwatywa.] (Translation of isiXhosa paragraph follows.)
[Thank you! Our people are enlightened by the ANC-led government, the political party of our forefathers. I thank you, Xhamela. [Applause.]]
FORCED REMOVAL OF PROTEA SOUTH RESIDENTS IN JOHANNESBURG BY ANC
(Member’s Statement)
Mr J R B LORIMER (DA): Mr Speaker, the ANC’s administration in Johannesburg is trying to forcibly remove residents of shacks in Protea South who have been there for 24 years. Many of them want to stay and have had their shacks upgraded because Protea South is close to jobs, schools and transport.
A court has ordered the council not to force them out, but the council continues offering RDP houses to those who would leave and trying to forcibly remove those who want to stay. The 36-year-old Themba Gwashu has lived most of his life in a shack adjacent to that of his mother. She is old, with no hope of work, and accepted a council offer to move to an RDP house in distant Lufhereng, but Mr Gwashu does not want to move. When he found a pro Deo lawyer who would help him resist forced removal, township manager Ernest Rambau cancelled the allocation of a house to his mother.
Residents believe people connected to council officials stand to make millions by removing the people and selling the land to housing developers. The ANC complains about apartheid spatial planning that relegated the poor to the margins, but now it continues to perpetuate it. [Applause.]
ANC GOVERNMENT FIGHTING CORRUPTION
(Member’s Statement)
Ms P E ADAMS (ANC): Speaker, since being voted into office in 1994 to lead this country out of the racist and inhumane apartheid system, the ANC-led government has insured that it has implemented many measures to deal with corruption. While some of the elite has selective amnesia and forget that chronic capitalism and corruption were firmly entrenched in the apartheid government — and this is well documented — the ANC government has since ratified six international agreements dealing with corruption.
Some of these are the UN Convention against Corruption, the AU Convention on Prevention and Combating of Corruption and the SADC Protocol against Corruption. In addition, there are several existing institutions whose mandate is to fight corruption, such as the SA Police Service, the Directorate for Priority Crime Investigation, the Hawks, the Special Investigating Unit and the Asset Forfeiture Unit.
We also have the Office of the Public Protector and of the Auditor-General, the Financial Intelligence Centre, the Anti-Corruption Task Team and the special commercial crimes prosecutors of the NPA, the National Treasury Initiative and the Special Anti-Corruption Unit for the Public Service.
These did not exist under the apartheid regime and shows the commitment of the ANC government to dealing with corruption decisively in all its manifestations. Recognising that corruption is a cancer in our society, we call on the public, political parties, government, business and civil society to work together and establish a culture opposed to corruption. [Applause.]
VIOLENT PROTESTS IN SOUTH AFRICA
UNEMPLOYED YOUTH OF SOUTH AFRICA
(Minister’s Response)
UNGQONGQOSHE WEZABASEBENZI: Somlomo, ngifuna ukuphawula ngenkulumo eyenziwe ngumhlonishwa u-Groenewald. Njengohulumeni asihambisani nesiteleka esingekho emthethweni futhi esinodlame. Ngiyafisa-ke ukuthi kulolu daba lwase-Lonmin, abasebenzi base-Lonmin bacele ukuthi abezombangazwe bangabenzi isigcawu sezepolitiki. Ngakho-ke ngiyacela ukuthi sikuhloniphe lokho size siqede uhlelo esilwenzayo kuleya ndawo. [Ihlombe.]
Okwesibili, ngifisa ukuphendula umhlonishwa okhulume nge-Youth wage Subsidy. Lolu daba lungaphambi kwe-Nedlac. Ngakho-ke amalungu kumele ahloniphe imithetho esiyishayayo, ikakhulukazi ngezinhlaka zethu ezakhiwe ngokwemithetho yaleli zwe. Ngiyafisa ukuthi mhlawumbe i-DA ake ifunde imithetho esiyiphasisile siyi le Ndlu, kodwa uma beyifunda bangayichathi, bayibhekise endleleni efanele. Ngiyabonga. [Ihlombe.] (Translation of isiZulu paragraphs follows.)
[The MINISTER OF LABOUR: Speaker, I would like to comment on hon Groenewald’s speech. We as the government disapprove of the illegal and violent strike. The mineworkers from Lonmin should not allow politicians to change their protest action into a political issue. My request is that we should all refrain from that until the investigation into the unfortunate event has been completed. [Applause.]
Secondly, I want to respond to the hon speaker who was discussing the youth wage subsidy. Nedlac is dealing with the issue. Therefore, members should respect that and the laws that we pass according to our policies governing all government structures. I wish that the DA would revisit the laws that we have passed in this House. I would request them, though, to interpret them properly, not in a way that would put them at an advantage, as they always do. Thank you. [Applause.]]
WITHDRAWAL OF TRADITIONAL COURTS BILL
(Minister’s Response)
The DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Speaker, I just want to respond to the statement regarding the very important matter of traditional courts. I think the first point to be made is that traditional courts are not sought to be created by the Traditional Courts Bill. They exist. They have existed for a very long time and are recognised by the Constitution of the Republic.
The challenge we have is to ensure that traditional courts, like every other institution in our society, function in accordance with and adheres to the values contained in our Constitution. That is exactly what the Bill seeks to do. It was introduced in the National Assembly a number of years ago, even before the 2009 elections. The Bill was processed extensively through public hearings and consultations. At the time the portfolio committee of the National Assembly narrowed down the issues to about five.
After the elections, due to the heavy workload of the Portfolio Committee on Justice in the National Assembly, it was felt that the select committee in the NCOP would have more time and, because of the relationship between the NCOP and the provincial legislatures, it would have the opportunity to consult more widely and deeply. That, hon member, is what is happening.
In terms of the Constitution, Parliament, National Assembly, NA, and the National Council of Provinces, NCOP, together, are the supreme law-making bodies of the Republic. That is where we make laws and that is what the NCOP must do. All of the laws that Parliament makes must be in accordance with the Constitution. That is what the NCOP and eventually this House will therefore have to do - and that is what the Minister of Justice and Constitutional Development said to the Women’s Parliament. [Applause.]
ANNOUNCEMENT OF ANTIMALARIA DRUG CANDIDATE COMPOUND DEVELOPED IN SOUTH AFRICA
INFILTRATION OF POLICE BY HARD-CORE CRIMINAL
FORCED REMOVAL OF PROTEA SOUTH RESIDENTS IN JOHANNESBURG BY ANC
(Minister’s Response)
The MINISTER OF SCIENCE AND TECHNOLOGY: Speaker, I want to thank the hon members from the ANC who drew attention to the work being done by scientists and the department in a range of fields. We are indeed very excited about the work that has been done by Prof Chibale and an international team, working within the ambit of a centre of excellence that we are funding and have funded at the University of Cape Town’s Drug Discovery and Development Centre.
We are thrilled that we may, at last, have a new drug which will be a single-dose treatment for malaria and, if proven in the trials, which will begin in 2013, will presage a revolutionary discovery of a new drug by a centre of research based in South Africa, working with South Africans and institutions all over the world. So, we are indeed extremely thrilled at the potential held by the announcement we were privileged to be a part of recently.
We are also, of course, very keen to ensure that we improve the pipeline of the production of young people who are competent in mathematics and science in our country. Hence, we are paying attention to schools in rural communities, in the most vulnerable communities, and attempting, with Minister Motshekga’s support, to provide educational opportunity for improved science and development study in rural schools, in township schools and, of course, in schools throughout our country.
Finally, I would like to indicate that the ANC is extremely concerned about ensuring that we do create a safer and more secure society. I therefore believe it is absolutely wrong to attempt to imply that criminal activity arose from government action or support, as the hon Reverent Meshoe attempted to do in the statement he read. What happened in KwaZulu-Natal is wrong; it must be investigated and the necessary steps must be taken to address that plight. Government can never in any way support such criminal activity.
For once, we agree with the DA that we must address a special planning week. We are glad that they are learning from the ANC that apartheid design must be ended. [Interjections.] We recently heard that the DA intended to initiate a new process of building residential areas in the Cape area. However, we were rather surprised that this new spatial development is to take place in Grassy Park, Retreat, etc. It was presented as if it were creating a new spatial design, whereas it is actually very ... [Interjections.] ... [Inaudible.] ... from communities we would like to draw together. So, we would say, address that as well. [Applause.]
CLAIMS OF XENOPHOBIA IN MAYFAIR, JOHANNESBURG
(Minister’s Response)
The MINISTER OF PUBLIC ENTERPRISES: Hon Speaker, indeed, xenophobia is a heinous crime that must not only be condemned, but fought wholeheartedly. It is a campaign to which all the people of South Africa must be committed. We must not make it the responsibility of the police only.
Of course, it is to be expected that the police will be unrelenting in their fight against any act of criminality that threatens life and property. However, our approach to fighting xenophobia must be premised on the mobilisation of the people of South Africa as a whole. That must go hand in hand with the harmonisation of immigration legislation across the continent and with the pursuit of economic development. It is necessary for this House to continuously focus on this crime, which, particularly in our country, has elements of Afrophobia and bears the entire set of race, class and gender dynamics of the system of racism.
All Members of Parliament must therefore commit themselves to the campaign and to mobilising their constituencies. That is precisely what the conference of immigration ministers, the United Nations World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance in Durban was about. It was about, among other things, to ensure that the different African countries try, to the extent they can, to ensure that our immigration legislation across the continent is harmonised and that we all pay attention to managing international migration rather than regarding it as a nuisance we must combat. [Applause.]
PROTECTION OF PERSONAL INFORMATION BILL
(Second Reading debate)
The MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Mr Speaker and hon members, it was during the deliberations on the Open Democracy Bill in 2000 that our Parliament first identified the need for legislation to be enacted to regulate the processing of personal information. Two pieces of legislation were enacted that year as a result of the work of the ad hoc Joint Committee on the Open Democracy Bill, namely the Promotion of Access to Information Act of 2000 and the Protected Disclosures Act of 2000.
When the ad hoc committee reported the Promotion of Access to Information Bill to Parliament, it pointed out, among other things, that:
The Bill only deals with the aspect of access to private information of an individual, be it access by that individual or another person, and did not regulate other aspects of the right to privacy, such as the correction of and control over personal information and so forth.
The ad hoc joint committee further highlighted that other jurisdictions with access to information legislation had also enacted separate privacy and data protection legislation, and therefore recommended that our country should follow the same approach after the necessary research had been conducted. The Bill before us today emanates from the SA Law Reform Commission’s Report on Privacy and Data Protection.
In our country the right to privacy is protected both in terms of our common law and section 14 of our democratic Constitution. The recognition and protection of the right to privacy as a fundamental human right in our Constitution provides an indication of its importance. Data or information protection forms an element of safeguarding a person’s right to privacy. It entails the right of the individual to be protected against the unlawful collection, retention, dissemination and use of his or her personal information.
The right to privacy is of course not an absolute right, but may be limited in terms of law of general application and must be balanced with other rights that are entrenched in our Constitution. In protecting a person’s personal information, consideration should also be given to competing interests such as the administering of national social programmes, maintaining law and order and the protection of the rights, freedoms and interests of others. It should also be recognised that the state has a responsibility in terms of section 7(2) of the Constitution to respect, protect, promote and fulfil the rights in the Bill of Rights.
Information technology is becoming an ever-increasing, crucial and integral part of our daily lives in the world. The expansion of telecommunications technology has led to an information explosion and has increased opportunities for information collection. We live in the age of the Internet, the Worldwide Web and smart phones. It is important that we should ensure that the timeless privacy values that we have always subscribed to should also apply to these new circumstances.
Important decisions are being taken every day based on information that may sometimes be incorrect, inaccurate and untrue. Information may also be outdated or be confused with someone else’s. As a result of incorrect, inaccurate or false information, individuals could find themselves unfairly refused employment, housing benefits, credit or even admission to institutions of higher learning. It should also be recognised that unprotected personal information may even lead to identity theft, credit card fraud, stalking, the proliferation of unsolicited pornography, spam and marketing manipulation excesses.
I therefore wish to emphasise that information privacy can also not simply be regarded as a domestic policy problem. The increasing ease with which personal information can be transmitted outside the borders of our country of origin has led to many international harmonisation efforts and a concomitant effort to regulate transborder information flows. Privacy is therefore an important trade issue, as information privacy concerns can create a barrier to international trade and the free flow of information.
Considering international trends and expectations, information privacy legislation will ensure our country’s future participation in the information market, if it is regarded as providing adequate information protection by international standards.
I do not want to deal with all the clauses of the Personal Information Bill, save to say that clauses 4 and 5, that have been included in this Bill, were as a result of the good work that was done by the technical committee assigned by the portfolio committee to consider this Bill.
Allow me briefly to interrupt myself at this stage to thank members of the technical committee, Ms Smuts, Dr Oriani-Ambrosini and Mr Jeffery, who was the chairperson of this technical committee, for the efficient manner in which they executed their task and for all the hard work that has come about. [Applause.] Thank you.
One of the important inclusions by this technical committee is the issue of the Information Regulator, which will be established as an independent statutory authority with a maximum of five members, including the chairperson of the regulator. Since the processing of personal information is closely related to the promotion of access to information, it has been decided to afford the Information Regulator certain powers, duties and functions in terms of the Promotion of Access to Information Act.
I would like to take this opportunity to thank all members of the portfolio committee who have shown a deep commitment to ensuring that this end product, which reflects the views and norms of the people they represent, is in line with our policy as government and that it is practicable.
In conclusion, I would like to point out that I am convinced that this legislation is essential for purposes of regulating the manner in which personal information must be processed. I look forward to your support in approving this Bill. [Applause.]
Mr J H JEFFERY: Speaker, hon members, the first thing I was told to say in this debate is that this Bill has nothing to do with the Protection of State Information Bill. It is a different Bill. It deals with the privacy of personal information.
This Bill was introduced in Parliament in 2009 and went to the National Assembly. It is by far the oldest Bill in Parliament. As the Minister said, it owes its origin to a report of the Ad Hoc Committee on the Open Democracy Bill, which was passed as the Promotion of Access Information Act, commonly known as Paia. That report was adopted by this House in early 2000.
The original Open Democracy Bill that had been introduced had some sections dealing with personal information. The ad hoc committee dealing with the Bill had felt that those would be better placed in separate legislation. As the Minister reported, it requested the then Minister to introduce privacy and data protection legislation, after thorough research. The ad hoc committee also noted that when that privacy and data protection legislation is passed, it may be necessary for the Promotion of Access to Information Act to be amended in accordance with the data protection legislation.
The Bill was then introduced after a thorough investigation by the SA Law Reform Commission. I must say that it is not an easy piece of legislation. In my 13 years in this House, I think it is the most complicated piece of legislation that I have been involved in.
As members would have seen, the Bill - it is being distributed now - has 115 sections and then an additional 20 pages of schedule, which are mainly amendments to the Promotion of Access to Information Act, but also to some other pieces of legislation. So, it is a very complicated piece of legislation. It deals with the rights of personal privacy and, obviously, balancing those rights against the rights of freedom of expression.
The reason the Bill has taken so long is because of this complexity and the enormous amount of work that had to go into it. We were on the ninth draft of the Bill before we produced the B version which is currently before the House. We had public hearings. There were some 36 submissions, oral and written. The portfolio committee conducted a study trip to the United Kingdom, sponsored by the Open Democracy Advice Centre, to meet with the United Kingdom Information Commissioner and other experts.
As the Minister said, a technical committee was established to consider most of the issues. Then the Bill was referred back to the full committee, which also deliberated on the Bill in a number of meetings. I haven’t tried to work out the exact number of meetings that were conducted in total or the number of hours that we sat, but it was extensive.
More than 50 countries in the world, including six on the African continent - Angola, Benin, Burkina Faso, Mauritius, Morocco and Senegal - already have legislation dealing with the protection of personal information. Some have had it for some time. In the European Union, where members have had such legislation in effect for some time, a revision has been taking place. This resulted in an EU draft regulation that will be applicable to all countries in the EU.
In dealing with the Bill before us, particularly over the time that we have had it, we have been able to learn from other countries’ experiences and have effected amendments to the Bill currently before the House; amendments to make the Bill more practical and more effective.
We have engaged with and been assisted by numerous stakeholders, and we had to grapple with a range of issues, including those that ensured that the Bill did not unduly restrict journalists. In this regard, we had a couple of meetings with the SA National Editors’ Forum. We had to ensure that the Bill did not unduly restrict bloggers or so-called citizen journalists, law enforcement agencies, children on Mxit, and literary or artistic expression.
The Bill has often been misunderstood as creating a range of crimes for the wrongful processing of personal information. This is not the case. What the Bill does is to establish a set of conditions for the processing of personal information. These include both general conditions and more detailed conditions for the processing of special personal information such as religious or philosophical beliefs, race and ethnic origins and political persuasion, to name a few.
The Bill then establishes an independent Information Regulator to regulate the implementation of the law. This implementation includes not only education and research, but also monitoring and enforcing compliance and handling complaints. Sectors are encouraged to regulate themselves by drawing up codes of conduct for the processing of personal information that must be approved by the regulator. For example, we have granted exemption to journalists, subject to a code that sufficiently covers the relevant issues. The media is then left to regulate itself, subject to that code. With a few exceptions, crimes are only committed when a party does not abide by an enforcement notice issued by the regulator. An aggrieved party has the right to take the enforcement notice on appeal to the High Court.
So, basically, the way the Bill works is: These are the conditions; if there is a complaint, you go to the Information Regulator. If the Information Regulator rules against you, you then have to comply. Only if you don’t comply or appeal to court and continue to process the information would you be guilty of a crime.
One crime, however, that we did create was the unauthorised processing of bank account numbers. This was in response to a growing problem of bank account numbers being freely available and people being approached to buy products just to find that their bank accounts were debited for goods or services that they had not agreed to, because the people offering those services already had their account numbers. When the Bill becomes a law, that will become a crime. It will not be something to complain to the Information Regulator about.
As this House envisaged back in 2000, the Bill did forsee changes to the Promotion of Access to information Act because the responsibilities for the implementation of the Act were being transferred from the SA Human Rights Commission to the Information Regulator. The committee also took the opportunity to make certain amendments to Paia that had not been achievable, such as the requirement that a hard copy of a Paia manual had to be submitted to the Human Rights Commission - or now the Information Regulator. That will no longer be a requirement. Copies of the manual that is meant to be produced will be kept by the relevant bodies and only submitted on request.
As far as I am aware, this Bill is being supported by all parties on the Justice committee. I would like to thank the members of the technical committee, in particular, for their hard work — hon Smuts and Oriani-Ambrosini. I also want to give special thanks to Mr Henk du Preez of the department and Ms Ananda Louw of the SA Law Reform Commission for their devotion to duty in effecting the amendments that the committee wanted. The nine drafts of the Bill that I was speaking about was their hard work. I also want to thank Mr Sisa Makabela of the State Law Advisers who played an important oversight role in assisting the committee to tackle a number of issues in the Bill. I also want thank Mr Mark Heyink from civil society and Francis Cronjé, as well as Alison Tilley from the Open Democracy Advice Centre. Lastly, I want to thank the committee secretary, Mr Vhonaani Rhomono, for the many hours he had to sit, and Miss Christine Silkstone, the content adviser, for the research performed and assistance she gave to the committee.
Ms M SMUTS: Hon Speaker, I think it only right that the technical committee, in turn, thanks the hon Jeffery for his chairing of that technical committee and for all the work that he has put into this important Bill.
I want to quote from a study of this Bill, undertaken by PricewaterhouseCoopers:
Open any newspaper or news website and the chances are that you will find a report on someone’s right to personal privacy being infringed, or yet another intrusion through an organisation’s security systems with the credit card or other financial information being stolen. With the free flow of information over the Internet, the popularity of social media, increasing ID book theft and other intrusions, governments worldwide have become increasingly concerned with the purposes for which organisations collect personal information, why they keep it and how they protect it. The position in South Africa is no different and consumers in South Africa should be welcoming the impending Protection of Personal Information Bill.
As you have heard, this Bill has been a long time in the making. At the conclusion of the writing of the Promotion of Access to Information Act in 2000, this House requested the Law Reform Commission to undertake work on privacy. Their work was long since done, but many other factors have delayed the completion of this Bill.
We were fortunate to have the advice of two people who travelled the entire road, from the Law Commission Report through to our tenth and final version of this Bill. They are Ms Ananda Louw, wearing red in the gallery - clearly it’s a red-letter day! - and Mr Mark Heyink, from the private sector who assisted us. The Bill has greatly benefited from the enormous expertise and drafting skill of Mr Henk du Preez. We believe we have produced a law that will serve South Africans well. I quote PricewaterhouseCoopers again:
Although there are some disadvantages in lagging behind other countries in adopting privacy legislation, one major advantage is that the South African legislatures have been able to draw on the models developed and experience acquired in other countries, selecting the best of the best for our privacy legislation.
This Bill is the best of the best.
The challenge for organisations, however, is that complying with the requirements of the Protection of Personal Information Bill is going to have a significant impact on the way they do business.
I am afraid that “a significant impact” is what is called for, on organisations both big and small. Our e-mail addresses, cellphone numbers, transactional history and financial details are constantly offered for sale. One seller of lists told his prospective buyers that they must remember that they owned data once they purchased it and could even resell it once they had used it. That is why we all constantly receive unsolicited calls and electronic messages which someone somewhere has matched to a profile that should only be created on the basis of information given with our knowledge and consent.
This Bill will be welcomed by everyone drowning in the daily tide of spam that washes into our inboxes. We have finally done what even the Internet service providers and e-commerce entities encouraged us to do in 2002, when we legislated the Electronic Communications and Transactions Act. We have moved away from the opt-out position, in terms of which you have to refuse a direct marketing offer or suffer the incoming spam. We have moved to an opt-in regime. Even the “techies” wanted us to do that as long ago as 2002. An opt-in regime means that unless you are already a customer of an enterprise, you specifically have to say yes before a direct marketer can send you its offers. That marketer can approach you only once and has to identify itself with contact details.
We have seen one consumer case too many, covered by journalists like Independent Newspapers’ Wendy Knowler, where unsuspecting consumers, often poor ones, suddenly find debit orders running off bank accounts whose details they never supplied for services or products they did not order, or which they were duped into signing up for. When they managed to track down the source, Knowler’s readers were frequently told that the banking details had been obtained from the national consumer database, a thing that does not exist. Account details are stolen. We have therefore criminalised the obtaining, procurement, disclosure and sale of account numbers. The offence will carry a maximum sentence of 10 years or a commensurate fine.
We want all the benefits of computerisation to be realised in South Africa, including e-commerce. Trust is the ingredient that makes it work. That is why a company like Deloitte has spelled out the business benefits, including return on investment, that adherence to privacy rules present. Deloitte says: “PPI value for a brand is incalculable, just as its opposite incurs reputational and monetary loss.” This was illustrated when R41 million was stolen from the Postbank by means of infiltrating an insecure database.
It is important to note that the Bill gives effect to the constitutional right to privacy while giving copious recognition to all other rights and social interests that compete with privacy, such as the free flow of information. It sets only minimum conditions for the processing of information. Each condition is qualified by exceptions, and over and above the exceptions, there are exclusions, and there is scope for exceptions. In other words, the Bill is replete with exceptions, exclusions and the like. It is more than reasonable.
The Information Regulator, which we create under the Bill, will help consumers by taking their complaints and, failing resolution, helping them to sue for damages. The regulator will also help organisations - and that includes government departments and businesses - to process private information properly, but if they don’t, there are eventual sanctions, as the hon Jeffery has just set out.
The Information Regulator, a new, independent regulator that we are herewith creating - and this is a big breakthrough - will have functions and dedicated regulators under both the Protection of Personal Information Bill and the Promotion of Access to Information Act, Act 2 of 2000. We hope that the failure of access to information to date in South Africa, despite the Promotion of Access to Information Act, may now be cured. This regulator will be able to assess Promotion of Access to Information Act practices, take complaints for conciliation and also for action. Appeals against refusals for information under Promotion of Access to Information Act will be able to be taken to the regulator. This, finally, is the breakthrough that we suggested in the Chapter 9 review, and it is an enormous advance.
Let me point out just one last endorsement: The hon Minister Trevor Manuel, who was here earlier, gave this Bill the “good housekeeping seal of approval”. His National Development Plan, which has just been endorsed by Cabinet, states:
The Protection of Personal Information Bill that is being discussed in Parliament seeks to establish an information regulator covering certain aspects of information and personal data. This body should be equipped with the necessary resources to do its job properly and independently. The body should strike the right balance between its responsibilities to protect personal data, while providing recourse to those claiming their right of access to information.
It does, and we are delighted to support it. [Applause.]
Ms L H ADAMS: Hon Speaker and Members of Parliament, I am sure we have all been in situations where we would receive a phone call from a very persistent salesperson wanting to sell certain products to us. The question we always ask afterwards is: Where did this person get my name and number?
With the passing of this Bill, such phone calls will soon be a thing of the past, provided, of course, that the conditions set out in this Bill are adhered to. South Africans will not have to ignore private calls anymore for fear that the call might be from some insurance company wanting to sell its policies. This Bill aims to ensure that we can receive such phone calls, e-mails or SMSs only if we are customers of a certain organisation and have consented to the processing of our personal information.
This Bill provides a regime of consumer protection in this day and age when the Internet is borderless and computers have systems in place to store vast volumes of electronic data. In simple terms, this Bill becomes the measuring stick that will ensure that the processing and/or outsourcing of our names, addresses, e-mail addresses, ID numbers, employment history and health data to third parties are in compliance with international standards.
Many years ago our parents used to hide money under the mattress in an attempt to save it from unknown systems and people in banks that might be instrumental in the disappearance of this money. This Bill must be seen as the “mattress” that will protect South Africans from unknown systems and people that want to disclose our personal information to strangers. Cope supports this Bill. [Applause.]
Dr M G ORIANI-AMBROSINI: Mr Speaker, I too want to add my voice in thanking the hon John Jeffery for his kind and competent chairmanship of the subcommittee. This Bill is indeed a Bill of extreme complexity and we worked very hard on it. I do not wish to detract from anything that has been said by my colleagues. The Bill does bring about what has been indicated as its purpose. The finality and objective set out by my colleagues have been reached.
What my concern has been throughout the entire process is what lies in the details. They say that the devil is in the details and this Bill has a great amount of detail behind which any devil can hide. Mine is not to decide; mine is only to influence the decision-making of others. I tried to work as hard as I could in the committee to influence the decision-making by my colleagues and intentionally withdrew from the last part of the deliberation process, which did see the acceptance of some of the suggestions made by me and my party. I am extremely thankful to the ANC and the other colleagues for that.
However, I remain concerned by the scope of application of this Bill. The nature of this Bill is that it applies to everyone in this House, in all its complexities and all its obligations. That will automatically make the conduct of the overwhelming majority of South African citizens non-compliant with the law, and wrongful. It will then be up to the regulator to decide in respect of whom to enforce the law. There will be a notice of compliance, after which there will be a criminal sanction.
This type of selective enforcement against a general type of application is a matter that has been sought to redress by proposing amendments that would make the Act applicable only where a code was adopted. So, there will be segmented implementation that will follow the pain - wherever there is pain in society - with an adequate remedy, rather than placing a remedy ahead of pain. However, this is an issue that will perhaps be carried over to further stages of discussion and deliberation and it needs overwhelming features characteristic of purpose. This is a Bill that we cannot but support. [Time expired.]
Ms M C C PILANE-MAJAKE: Hon Speaker, hon Deputy President, hon members and guests in the gallery, we are gathered here today in this law-making Chamber to give expression to a deeply entrenched right in accordance with section 14 of our Constitution – the right to privacy – in the shape of the Protection of Personal Information Bill. What is good about the discussion of this Bill is the overwhelming support it enjoys from all political parties.
Broadly speaking, the Bill’s purpose is twofold: to protect personal information against unlawful collection, retention, dissemination and use; and to facilitate the free flow of information or data within South Africa and between countries.
The Bill incorporates internationally accepted principles. Specifically, its aims, as set out in clause 2, are to provide data subjects with remedies to enforce their right to have their information processed lawfully, which includes, among others, the right to be notified that their personal information is being processed or that an unauthorised person has accessed or acquired their personal information; to request access to personal information from a responsible party; not to have one’s personal information processed for the purpose of direct marketing by means of unsolicited electronic communication; to complain to the information regulator regarding interference; and to institute civil proceedings relating to alleged interference.
The Bill in itself is comprehensive and not sector specific. It applies to both the public and private sectors. It applies to the processing of personal information belonging to all persons, whether natural or juristic.
In addition, the Bill transfers from the SA Human Rights Commission to the information regulator powers and functions related to the Promotion of Access to Information Act, Act 2 of 2000. For some time now, the need for a dedicated information commissioner to champion the challenge of access to information issues has been mooted.
Clause 43 of the Bill expressly provides for a full-time member of the regulator dedicated to exercising his or her powers and performing his or her functions and duties in terms of the Promotion of Access to Information Act. Once the internal appeals process provided by the Promotion of Access to Information Act has been exhausted, an aggrieved person can elect to approach for relief either a court or the regulator, who is empowered to deliver an enforcement notice.
Clause 5 of the Bill gives effect to data subjects’ right to have responsible parties process their personal information in accordance with the conditions for lawful processing. This includes the right to be notified that their personal information is being processed.
The processing of personal information is excluded if personal information relates purely to personal or household activities; is anonymous and cannot be re-identified; is being processed by Cabinet and its committees or the executive council of a province; is processed by a public body; involves national security; or where the purpose of processing is the prevention, detection, investigation or proof of offences, the prosecution of offenders, the execution of sentences or security measures.
Other exclusions relate to the judicial functions of courts and for purposes of artistic and literary expression. The Bill does not apply to the processing of personal information for exclusively journalistic purposes, provided that the relevant responsible parties are, by virtue of their office, subject to a code of ethics that provides adequate safeguards for the protection of personal information.
The regulator can also exempt compliance with the conditions for lawful processing if it is in the public interest or if processing clearly benefits the data subject, the person affected or others, outweighing the interference in terms of clause 36.
In addition, the processing of children’s personal information is totally prohibited, specifically children under 18 years of age who are not able to act without assistance.
As already mentioned, the Bill establishes an information regulator as an independent statutory body accountable to the National Assembly. The structure of the regulator will comprise a chairperson, with two full-time and two full-time or part-time persons.
The regulator has wide-ranging duties that include the promotion of its mandate; public education; advice; assistance; monitoring of compliance; examining the effects of proposed legislation; investigation of complaints; issuing enforcement notices; issuing and making guidelines to assist bodies to develop codes of conduct; and reviewing an adjudicator’s decision under a code.
If the regulator has issued a code of conduct, failure to comply amounts to breach of a condition for lawful processing. The regulator can either issue a code on its own initiative after consultation with affected stakeholders or, if sufficiently representative, on application by a sufficiently representative body.
In conclusion, our Constitution provides for the right to privacy, as well as the right to access to information. These two rights are balanced and, therefore, where it is reasonable and justifiable to do so in an open democratic society, the right to privacy can be limited. The Bill provides for protection, as well as limitations of the right to privacy in relation to personal information.
This is Parliament of the people, for the people, in motion to promote and protect the rights of the people of South Africa. The ANC supports the Bill. [Applause.]
Mr S N SWART: Mr Speaker, as other speakers have said, this Bill must be distinguished from the so-called “secrecy Bill”, and maybe we should call this one the “privacy Bill”. How often are we as members phoned about new cellphone contracts or other arbitrary offers? Did you give permission for that personal information to be used? In most cases the answer is no.
This Bill creates the legislative framework to protect personal information, but does so in a manner that still allows for the free flow of information, both within South Africa and between countries. It’s all about balancing the right to privacy with the right to information. Consumers will and should welcome this Bill.
A specific exclusion for journalistic, literary and artistic purposes results in the necessary balance also being struck between the right to privacy and the right to freedom of expression, and this the ACDP also supports.
Our report also indicates that this is a field in which rapid technological advancement brings new challenges for the protection of personal data, and in this regard there are proposed changes to the European Union’s legislation. Much of this is still being finalised, but the committee took these developments into account as far as is practically possible.
We as committee members are also very aware of the difficulties of enforcement mechanisms in the Promotion of Access to Information Act, including those related to the high incidence of deemed refusals. Today we again heard from the SA Human Rights Commission about the problems in this regard. At present, litigation seems to be the only recourse and this in itself is a lengthy and very expensive process. The Bill transfers these responsibilities to the Information Regulator. We as the ACDP trust that access to information – particularly that held by the state – will be made easier. The Promotion of Access to Information Act should and must enjoy priority and must trump other legislation, including the Protection of State Information Bill.
Lastly, the ACDP wishes to particularly thank the hon Jeffery, Dene Smuts, Mario Oriani-Ambrosini, as well as the officials who did such sterling work in the subcommittee. Well done and thank you for doing all the hard work! The ACDP will support this Bill. [Applause.]
Mr L T LANDERS: Mr Speaker, hon Deputy President, at the end of this debate, mine is a simple task and that is to reiterate the thanks and appreciation, if I may, to this House and the portfolio committee. Our thanks and appreciation go to Henk du Preez, as has already been stated, to Ananda Louw of the SA Law Reform Commission, Adv Sisa Makabela of the Office of the Chief State Law Adviser, and to Mr Mark Heyink and Mr Francis Cronjé of the private sector, who provided us with their legal and technical expertise and knowledge. This played a valuable role in the processing and drafting of the Bill.
We take this opportunity to express our gratitude to all persons and organisations that made inputs during the consideration of this Bill, through both their written and oral submissions to the portfolio committee.
We express a special word of appreciation to the media and the SA National Editors’ Forum. They played an important role in our consideration of this Bill. All of these parties helped us to achieve that critical balance between the freedom of expression, the right of access to information and the individual’s right to privacy.
As chairperson of the Portfolio Committee on Justice and Constitutional Development, I take this opportunity to express my thanks and that of the committee to the subcommittee, or technical committee, that drove this Bill. I refer to the hon John Jeffery of the ANC, the hon Dene Smuts of the DA and the hon Mario Oriani-Ambrosini of the IFP who did all the donkey work and, in doing so, helped to turn what would have been a difficult, arduous task into a relatively easy one for the committee.
I am privileged to chair a group of dedicated South Africans in the portfolio committee. They have presented this law to you and I believe this law will serve South Africa’s people well. We recommend it to this House. [Applause.]
The MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Mr Speaker, there being no opposition to this Bill, I recommend that the House adopts it.
Debate concluded.
Bill read a second time.
VETERINARY AND PARA-VETERINARY PROFESSIONS AMENDMENT BILL
(Second Reading debate)
The MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES: Hon Speaker, hon Deputy President, hon Chief Whip, portfolio committee and select committee members, chairpersons of the portfolio committee, Ministers and Deputy Ministers, members of the National Assembly and National Council of Provinces, ladies and gentlemen, I have great pleasure in presenting the Veterinary and Para-Veterinary Professions Amendment Bill for your consideration.
The major development in the Veterinary and Para-Veterinary Professions Amendment Bill concerns the performance of compulsory community service by newly qualified veterinarians, a measure that has been supported by the Veterinary Council and, I trust, will be supported by all parties.
I am sure you will agree that having invested so much in their training and development, it is correct that we should expect them to render a service to the country. It is also proper for us to provide veterinarians with the opportunity to develop the practical experience they need for their own professional growth.
The Bill provides for a number of technical aspects, including the registration of professionals, those who have completed the relevant qualifications, their continuing professional development and the suspension of veterinarians, where necessary. It also regulates the appointment and powers of inspection officers and the investigation of complaints.
With regard to the performance of compulsory community service, we currently have a shortage of veterinarians to serve in agriculture and its related industries. The high migration rate of newly qualified veterinarians to countries abroad and the skewed distribution of available veterinarians in favour of more urbanised areas continue to be a challenge for the country.
In order to promote the delivery of veterinary services in South Africa, and as a strategic response to the aforementioned challenges, the Department of Agriculture, Forestry and Fisheries has proposed the introduction of compulsory community service. This will improve the delivery of veterinary services by regulating and managing the deployment of newly qualified professionals and address the skewed distribution of registered professionals.
In proposing community service, we have noted the benefits that should accrue, as well as the challenges that were experienced in certain sectors. We are of the view that we have capitalised on this experience and we have put in place adequate measures to mitigate the challenges. Community service will complement and improve the overall delivery of veterinary services in the country, especially to smallholder farmers. It will also give smallholder farmers in deep rural areas the opportunity to combat illness among animals.
We would like to improve the health and welfare of the human and animal populations. In preparation for implementation, the Department of Agriculture, Forestry and Fisheries has consulted widely. We have called on all stakeholders, members of the veterinary community, students and the public to participate in this consultative process in order to ensure that their diverse views and opinions were captured.
In addition, the portfolio committee has deliberated extensively on the matter and held public hearings on the Bill. I am convinced that the Bill will assist us in curbing the recent spate of disease, especially avian influenza and other diseases, we are facing as a country. Our smallholder communal farmers still face the challenge of providing a veterinary service for their animals. I think it is important and incumbent on the state to provide this facility, especially to black smallholder farmers.
I am proud to announce that the members of the veterinary community and other relevant stakeholders have supported the principle of compulsory service. We will be publishing regulations to this effect as soon as the Bill is approved by Parliament. We are dealing with the registration of any person who has completed requirements for qualification. The proposed amendment will allow for the registration of a person who has completed the academic requirements.
I wish to thank the portfolio committee, the Deputy Minister, the acting director-general, the President, the Deputy President, Dr Modisane ... [Inaudible.] ... and my office for the hard work they put into the preparation of this Bill. I thank you. Ke a leboga. Enkosi kakhulu. [Thank you.] [Applause.]
Mr M JOHNSON: Chairperson, Deputy President, Ministers and Deputy Ministers present, colleagues, comrades, friends and compatriots, this Bill has come a long way. There have been lots and lots of consultation since 2006. I must mention here that this Bill is the first since 2009 that our committee has had to deal with. What a pleasure to have had a consensus view on a straightforward yet technical Bill.
On behalf of our glorious movement, that turned 100 this year, it gives me pleasure to debate this Veterinary and Para-Veterinary Professions Amendment Bill. This very year, 2012, our country celebrates 60 years of volunteerism since the Defiance Campaign Against Unjust Laws, ably led by Chief Albert Luthuli and the volunteer-in-chief, Nelson Mandela. Ah Dalibunga! [Praise!]
We derive pleasure from supporting this Bill, mindful of the tasks and challenges that our country, particularly our livestock farming community in the economic sector, is confronted with. Also, since our rural farming communities lack professional veterinary and para-veterinary services, this Bill, in partnership with organisations like Onderstepoort Biological Products, shall go a long way to bringing the required services to communities in far-flung rural areas. We do all of this because our objective is to continue the advancement of an agenda for a better life, primarily for the poor and especially for the rural poor.
Among the objectives of this Bill is compulsory community service. South Africa is on track to compel our veterinary and para-veterinary graduates to volunteer part of their time for community service. We take a leaf from the book of the experiences of Chief Luthuli and our volunteer-in-chief of the defiance campaign of 1952, Nelson Rolihlahla Mandela. This Bill presents the opportunity for the people of our country to learn from those heroes and heroines and to understand that 60 years of the spirit of volunteerism still lives on in our country. We shall go a long way in creating a sense of patriotism, especially among the youth of our country.
This Bill also presents South Africans with an opportunity not only to preserve and grow this scarce skill, but also to attract nationals from other parts of the world. This therefore calls for the creation of an enabling environment for these foreign nationals to acquire their permanent residency and/or citizenship of our country, South Africa. This does not imply that anyone from anywhere can come and practise as a vet or para-vet in South Africa. Stringent measures will apply and must be met through set standards in our system of higher education.
As true patriots, our vets and para-vets must be called upon to exercise their own consciousness and choose South Africa above all others as the home to practise and grow the profession and be role models to those who come after them.
Without doubt, the rural communities stand to be the direct beneficiary of this legislation. This legislation will bring a professional veterinary and paraveterinary service closer to the communities that are in dire need of it.
While our black rural communal farmers continue to constitute the majority of livestock farmers in South Africa, it is unknown to some of us that the reality is that a mere 10% of our black communal cattle farmers contribute to the beef industry and to the meat we eat in our country. This Bill will therefore seek to improve the position of these black rural communal farmers in the livestock industry; in order words, to increase their production levels.
In conclusion, this Bill will provide for the appointment and the determining of the powers of inspection officers, and for the investigation of complaints of vets and para-vets, thereby asserting accountability in the profession.
On behalf of the ANC, I submit for adoption the Veterinary and Para-Veterinary Professions Amendments Bill, which is a section 75 Bill, in terms of tagging. [Applause.]
Mrs A STEYN: Chairperson, one of the many challenges facing the agricultural, forestry and fisheries sector today is the shortage of critical skills, particularly in specialised fields such as the veterinary profession. This Bill seeks to address the insufficient availability of state veterinarians to confront increased animal disease outbreaks.
Currently there are only 2 500 registered vets in South Africa and of those 250 are employed by the state. Only 250 of all vets practise in rural areas. It costs the state R1,6 million to train a vet, therefore implementing a compulsory community service programme to promote access to veterinary services while giving graduates an opportunity to contribute to socioeconomic development in our country must be supported.
Currently South Africa produces only between 90 and 120 graduates per year. This is inadequate to deal with an increasing matrix of challenges. This Bill will go some way towards ensuring better access to veterinary services in rural communities. However, it is not a silver bullet and serious challenges to controlling outbreaks of disease remain.
Due to the shortage of state vets, legislation such as the Animal Diseases Act, Animal Improvement Act and the Meat Safety Act is not being policed by the Agriculture Department. These Acts are being ignored, specifically with regard to the registration of abattoirs and the establishment of an independent meat inspection service.
Livestock farming contributes significantly to local food security and international trade. In the context of globalisation, many countries are imposing animal health measures as a nontariff barrier to trade in order to protect domestic industry. Government’s negligence towards animal health in South Africa is therefore costing us valuable export revenue.
The local ostrich industry has already suffered massive losses due to an outbreak of the H5N2 virus. Since the start of the outbreak, more than 50 000 birds have been culled in the Klein Karoo. South Africa has not been able to export ostrich meat to the European Union for the past 18 months, resulting in more than R1 billion in export revenue losses.
Also, more than 40% of the producers have left the ostrich industry, with huge job-loss implications. At the end of February 2011, South Africa lost its status as a foot-and-mouth disease-free country, with disastrous consequences for exports. The Red Meat Industry Forum said the outbreak had contributed to a loss to livestock industries of about R4 billion per year.
The forum also said it was frustrated by attempts to engage with the Minister of Agriculture, Forestry and Fisheries, Tina Joemat-Pettersson. Even as I speak, they have not been able to meet with her, nor is she responding to letters sent to her. [Interjections.]
The controversy surrounding the outbreak of Rift Valley fever last year must be mentioned as an example of how animal disease outbreaks in South Africa should not be handled. Farmers were initially blamed for the failure of the state-run Onderstepoort Biological Products’ vaccine to protect animals against Rift Valley fever. But these farmers then proved that the vaccine did not, in fact, provide immunity against Rift Valley fever. Farmers are currently vaccinating without confidence or are forced to import costly generic vaccines, but generics are not specifically developed to treat disease peculiar to South Africa.
Clearly, the devastation of uncontrolled animal disease outbreaks is killing profitability and undermines the ability of commercial agriculture to keep or create jobs. The DA therefore supports the Bill, but we are concerned that it will become yet another superfluous piece of paper. This is because the institutional framework under which this sector has to operate is increasingly dysfunctional.
Just this morning the Minister failed to appear before the portfolio committee. She is ever evasive. This is a good skill for an ANC politician to have on the road to Mangaung, but her lack of leadership is killing significant sectors of the economy. She is never brought to account.
HON MEMBERS: Hear, hear!
Mrs A C STEYN: To give you an indication of the theatrics in her department, the director-general is acting - thanks to the real director-general being suspended for administrative reasons. Six out of nine directors-general are also acting. One director-general, who is responsible for production, health and safety, has been acting since November last year. There are more acting positions in her department than there are in Hollywood. [Laughter.] [Interjections.]
The DA will continue to insist that the state provides the necessary resources to ensure that the implementation of this Bill plays the role it can in reversing the devastating effects of unchecked animal diseases. We will also continue to call for Minister Joemat-Pettersson to resign because she is clearly not up to the job. [Applause.]
Mr B M BHANGA: House Chairperson, this Bill supports government in the implementation of compulsory community service through public-private partnerships. According to the Department of Health, only 215 of the 2?400 trained South African vets were working for the state, and very few of them were operating in rural areas. The introduction of compulsory community service aims to address the lack of state veterinary workers, particularly in rural areas.
This Bill intends to address the skewed distribution of veterinary professionals, notably in rural provinces, which remains a key challenge for South African agriculture. Rural provinces require access to a range of veterinary services to support livestock production the and livestock trade. [Interjections.]
The HOUSE CHAIRPERSON (Mrs F Hajaig): Hon member, please sit down for a moment. There is just too much noise from this side. Can you please sit down? Allow the speaker to speak so that he can be heard. Continue, hon Bhanga.
Mr B M BHANGA: The unavailability of accessible and affordable animal health care services remains a key constraint in our country. Compulsory community service programmes would help retain veterinary skills in South Africa by reminding newly qualified vets of local job opportunities.
The Bill is aligned with the Immigration Act, Act No 13 of 2002, allowing for foreign vets to work, and possibly be exempted from community service. It is in conjunction with the strengthening of investigative powers and allows the SA Veterinary Council to suspend licences in relation to the provision of anaesthetics to alleged poachers.
This Bill provides enabling mechanisms to ensure more effective implementation, for example, boosting the capacity of inspectors and providing penalties for those refusing access to inspectors. Hence, the Bill gives the necessary teeth to ensure more adequate enforcement.
Cope supports the Bill in principle. However, Deputy President, you can have the best laws in this country, but these laws have to be implemented by people. As Cope, we believe that Minister Tina Joemat-Pettersson is not a capable individual to implement these laws. [Interjections.]
HON MEMBERS: Hear, hear!
Mr B M BHANGA: She will fail our children just as she continues to fail to attend or account to committees of Parliament. We have never heard of a Minister who refuses to serve the people of this country. We might face a food revolution in this country if you, hon Deputy President and the President, do not act in respect of this Minister.
HON MEMBERS: Hear, hear!
Mr B M BHANGA: This Minister continues to misuse the finances of this country without responding to the issue of food security. [Interjections.] If the ANC does not act today, Deputy President, we will have a country that will face food security riots like those at Marikana. The ANC must work now in responding to this Minister. [Interjections.]
The HOUSE CHAIRPERSON (Mrs F Hajaig): Hon member, will you take your seat, please? Yes, hon member?
The CHIEF WHIP OF THE MAJORITY PARTY: Is it parliamentary for the speaker to forget about addressing the issues and just confront and attack the Minister?
Mrs J D KILIAN: Hon House Chairperson, on a point of order: It is really unacceptable for the Chief Whip of the Majority Party to interrupt a member who has the floor with a frivolous remark that does not constitute a point of order. [Interjections.]
HON MEMBERS: Hear, hear!
The HOUSE CHAIRPERSON (Mrs F Hajaig): Hon Kilian, I will decide what the point of order is, thank you. Hon Chief Whip of the Majority Party, we will look at the Rules. I find that it started with Steyn - she left off speaking about the issue of the Veterinary and Para-Veterinary Professions Amendment Bill, and then the hon Bhanga continued with that. I know that when you address the Chamber on a topic, you are supposed to stick with that topic as far as possible. [Interjections.]
Mr S B FARROW: Rubbish! May I raise a point of order, House Chairperson?
The HOUSE CHAIRPERSON (Mrs F Hajaig): And hon Bhanga, your time has expired! [Laughter.]
Mr B M BHANGA: You are out of order!
Mr S B FARROW: Excuse me, I have a point of order!
The HOUSE CHAIRPERSON (Mrs F Hajaig): I now call upon the hon Msimang.
Mr S B FARROW: Chair, I have a point of order. Can I address you, please?
The HOUSE CHAIRPERSON (Ms F Hajaig): If it is on the previous issue, I am not going to take it, because somebody else has the floor. [Interjections.]
Mr S B FARROW: It is on the way you addressed it. I beg your pardon. Can I address you? May I address you, please, before you interrupt me? I want to address you on the point that you referred to the hon Steyn, as “Steyn”. That is unparliamentary, Madam, coming from you in your profession. I think you should ask for forgiveness.
The HOUSE CHAIRPERSON (Mrs F Hajaig): Well, if I had just said “Steyn” and omitted “honourable” ...
Mr S B FARROW: Admit it!
The HOUSE CHAIRPERSON (Mrs F Hajaig): As far as I remember I said “hon Steyn”. [Interjections.] All right, let me finish! Will you stop going on like a whole lot of sheep? Let me finish! If I said “Steyn” only, then I do apologise. [Interjections.]
Mr S B FARROW: You did, Madam!
The HOUSE CHAIRPERSON (Mrs F Hajaig): Then I apologise.
Mr S B FARROW: I thank you!
The HOUSE CHAIRPERSON (Mrs F Hajaig): And please, ask your members to have some order.
Mr D A KGANARE: Chairperson, on a point of order ...
The HOUSE CHAIRPERSON (Mrs F Hajaig): Will you please sit down. I am not taking another point of order. Can the speaker, Msimang, please continue with the debate? [Interjections.]
Mr D A KGANARE: On a point of order, Chairperson!
The HOUSE CHAIRPERSON (Mrs F Hajaig): I already have someone at the podium. Will you please sit down!
Mr D A KGANARE: Chairperson, I am rising on a point of order.
The HOUSE CHAIRPERSON (Mrs F Hajaig): No, no! I am not taking another point of order on the previous issue.
Mr D A KGANARE: You are obliged to take the point of order, Chairperson. You are obliged by the Rules of this House to take a point of order!
The HOUSE CHAIRPERSON (Mrs F Hajaig): Oh, come on! Mr ... [Interjections.]
Mr D A KGANARE: You are obliged! You are not doing me a favour, Chair!
The HOUSE CHAIRPERSON (Mrs F Hajaig): No, I am not! I am not!
The MINISTER FOR CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS: May I address you on a point of order, Madam?
Mr D A KGANARE: Chair, you are obliged to take a point of order!
The HOUSE CHAIRPERSON (Mrs F Hajaig): I made it quite clear that if the point of order related to the previous speaker, then I would not take it. There is another speaker waiting to take the podium. So, will you please hold it? Thank you. Carry on, Mr Msimang.
Prof C T MSIMANG: Hon House Chair, hon members, the veterinary and para-veterinary professions are commonly overlooked as areas of viable employment, particularly in the black communities. This situation is not helped by the limited number of veterinarians available to service communities in the country because most of them are either found clustered in urban areas or they emigrate to countries that pay well for their services.
It is encouraging to note that this amendment Bill seeks to address these problems, especially by ensuring that those who join these professions are involved in compulsory community service for a year. This will allow for communities to be further educated in the ways of handling animals, whether in agriculture and related fields or in regard to domesticated pets. Most rural communities who do not have the services of a vet do not know how to handle an injured or sick animal, with some animals ending up being killed due to ignorance.
This Bill will also allow for better regulation of those clinics that provide veterinary services to ensure that professional standards are maintained and no abuse of animals takes place. It will also ensure that foreign nationals are registered and monitored to ensure that they comply with the immigration policies of our country. The IFP supports this Bill.
Mrs N M TWALA: Hon Chair, hon Minister, Deputy Minister and hon members, the decision to hold a debate on this Bill was an interesting one for the ANC. We would have thought that on such a straightforward matter, on which there is established government policy, we would all be of one mind regarding the necessity of such an amending Bill. Let us therefore restate the intention of the ANC-led government’s policy and understand why this amending Bill is necessary.
Those in this profession know well that very specific challenges have arisen since the introduction of the Act in 1982. Critical among these challenges is the shortage of veterinarians in the country to serve the agricultural sector and the industries related to cattle farming. These have become more acute over the years and, unless we deal with the impact of the spread of disease, they could cripple parts of our meat export market and place jobs at risk.
Coupled to this reality is the bad practice that has become established across many disciplines of study. This is that the state allocates a considerable amount of money to both training colleges and universities to invest in the human capacity of our country. However, upon completion of their studies, graduates join the line of qualified individuals emigrating. This has impacted on the rate of newly qualified veterinarians going overseas and a loss of skills that we cannot afford to continue.
In addition, the urbanisation drift that the National Development Plan identifies and predicts will have serious consequences in the future and has already impacted on the profession. The flow towards and skewed distribution of available veterinarians in favour of more urbanised areas, unless addressed, will and has already had a negative impact on the farming sector.
In the endeavour to correct this and ensure a more equitable distribution of veterinary services throughout South Africa, and to respond to these challenges, the amending Bill has three main thrusts: Firstly, the introduction of a compulsory community service programme in order to improve the delivery of veterinary services through regulation; secondly, to manage the migration of newly qualified professionals; and lastly, to address the skewed distribution of registered professionals.
As part of our public submissions process, we were encouraged that the SA Veterinary Association fully supported all the intended amendments to the Veterinary and Para-Veterinary Professions Act. Indeed, they expressed eagerness regarding the intended amendments relating to compulsory community service. Their members are ready to support the implementation of compulsory community service and offered to put their expertise, mentoring abilities and facilities at the disposal of government. We welcome this positive spirit. What will be important is the planning of all this, and we have every confidence that good planning will be the case.
The appointment of an inspector, and the defining the related duties of such an inspector, is also a matter that has become a necessity. We therefore welcome the support shown for this in our public process. We shall therefore be in a position not only to investigate any possible contravention of all Acts by members of the professions but also to investigate the contravention of the Veterinary and Para-Veterinary Professions Act by lay persons and professionals who are not registered with the SA Veterinary Council. The speedy implementation of this, once the Bill is enacted, is very necessary.
The logic of the amending Bill is that it also seeks to address matters that have developed over the past 30 years since the principal Act was passed, among others the establishment of an appeal committee; providing for registered foreign veterinarians to continue practising by attaining either citizenship or permanent residency; and the vitally critical area of human resource development for continuing professional development. This is an area that we must ensure remains at the cutting edge of scientific development.
In addition, ensuring a professional and labour relations-compliant approach to matters of the suspension of registered persons, the termination of such suspensions and the appointment and powers of inspection officers are all matters that can only enhance the functioning of the veterinary professions.
Any concern on the implementation and operation of the amending Bill - security, accommodation, salaries and the availability of infrastructure - are matters that can be dealt with operationally, and a practice has been established to deal with these.
It is for these reasons that the ANC supports the Bill. I don’t think that is acceptable for the hon members on the other side to abuse this platform by attacking the Minister instead of focusing on the Bill. They should seek another platform to do that. [Applause.]
Mr L B GAEHLER: Chairperson, the UDM fully supports the proposal to introduce compulsory community service for newly qualified veterinary graduates. Working under the mentorship and guidance of professionals, both from the public and private sectors, students will learn a lot from the professionals’ wealth of experience.
However, the success of the mentorship programme with professionals in private practice depends on the development of a sound public-private partnership in order to ensure the effective implementation of community service. As with other plans and policies developed in the past, the objectives of this Bill will only be achieved through implementation. Therefore, the Department of Agriculture, Forestry and Fisheries should deliver on its promise to organise forums that will deal with operational matters and community service programmes, as well as consultation and agreements on public-private partnership.
The Department of Agriculture, Forestry and Fisheries should also consult traditional leaders on this programme, because this Bill targets rural communities. All agreements should be captured in a written memorandum of understanding to give all parties a core perspective of what needs to be achieved.
Finally, the stakeholders of this department and the members of this portfolio committee are all frustrated. I join the call of my colleagues for the Minister to resign.
Ukuba akabeki phantsi Sekela Mongameli ufuna imvuselelo, ubize icawa nimthandezele. Enkosi. [If she does not resign, Deputy President, she needs a revival. Call the church and pray for her.]
The MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES: Chairperson, the Bill has been extensively consulted and benchmarking with the Department of Health has been done. The Department of Health has assisted us in the manner in which we will deal with teething challenges, which we know we will be experiencing. The experiences and approaches by the Department of Health to these challenges are good examples to us for when the compulsory community service is to be implemented. In particular, we should take into consideration all the concerns that have been raised by the various communities.
I wish to also emphasise that the fact that the private practitioners who have been consulted have given their unconditional support to this Bill is quite promising.
Hon President and Deputy President, this Bill addresses the triple challenge of unemployment, poverty and inequality. The inequality between commercial and subsistence or smallholder farmers will definitely be attended to, since smallholder farmers will have the opportunity to receive veterinary services, which more often than not they cannot afford.
The matter of unemployment will also be addressed because, right now, unemployed qualified graduates are a challenge to us. We seek to use this Bill to have qualified graduates entering our system via community service. [Interjections.]
Lastly, the matter of poverty and the poor who cannot afford veterinary services will be addressed. The problems we have had, especially in certain industries like the ostrich industry, is that the post-apartheid Acts we have compel us to assist our commercial farmers, which we have done to the tune of more than R70 million. We have subsidised commercial farmers in the ostrich industry, because they have culled their ostriches. However, laws do not assist us to supplement the income of the smallholder farmers who do not cull ostriches because they are not in the Western Cape. More often than not they reside in the Eastern Cape and in the Northern Cape, where there is no virus.
This kind of law will bring in an element of equality and redress. It will also give us the opportunity to vaccinate the animals of the smallholder farmers, as well as the livestock of communities. It is these types of imbalances that we are addressing, which seemingly make it quite difficult to transform this sector. This is a sector that has belonged to certain individuals historically. I think the transformation of this sector has been challenging, but it is one that we will continue with in a steadfast manner, because we will address the poverty of the rural poor.
We would like to congratulate the Members of Parliament and the department for the sterling work done in addressing the triple challenge of inequality, unemployment and poverty. [Applause.]
Debate concluded.
Bill read a second time.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT - DRAFT NOTICE AND SCHEDULE DETERMINING THE RATE AT WHICH SALARIES ARE PAYABLE TO CONSTITUTIONAL COURT JUDGES AND JUDGES ANNUALLY
Mr L T LANDERS: Hon Chairperson, on 20 August 2012 the hon President submitted a notice in terms of section 2(1)(a) of the Judges’ Remuneration and Conditions of Employment Act, Act No 47 of 2001, setting out the remuneration of Constitutional Court judges and judges, as adjusted by 5,5% with effect from 1 April 2012. We recommend to this House the President’s determination of remuneration of Constitutional Court judges and judges and ask for this House to approve it.
As part of our report to this House, we also have the President’s determination of remuneration of magistrates in terms of section 12(1)(a) of the Magistrates Act. The remuneration of both judges and magistrates is determined by the Independent Commission on the Remuneration of Office Bearers, whose recommendations serve before the President.
In the case of magistrates, the independent commission recommended an increase of 7%. This recommendation was considered by the President and reduced to 5,5%. The magistracy took this decision by the President to the High Court. Recently, the North Gauteng High Court handed down its decision, calling on the President to rethink his decision. Simultaneously, the portfolio committee has been inundated with requests to address the committee on this matter. The Portfolio Committee on Justice has resolved to hear members of the magistracy and to also engage with the independent commission.
However, we sound a warning: The portfolio committee is not - I repeat, is not - an appeal mechanism in this matter. All we have agreed to do is hear the magistrates and engage with the independent commission in order to understand their respective views. In our view, the determination of remuneration of magistrates is correctly located where it is. [Applause.]
There was no debate.
Mr G D SCHNEEMANN: Chair, on behalf of the Chief Whip of the Majority Party, I move:
That the House approves the Draft Notice and Schedule.
Motion agreed to.
Draft Notice and Schedule determining the rate at which salaries are payable to Constitutional Court judges and judges accordingly approved.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON BASIC EDUCATION - JOINT OVERSIGHT VISIT TO MTHATHA AND LIBODE, EASTERN CAPE, FROM 21-22 JUNE 2012
There was no debate.
Mr G D SCHNEEMANN: Chair, on behalf of the Chief Whip of the Majority Party, I move:
That the Report be noted.
Declarations of vote:
Mr E J MARAIS: Chairperson, the removal of 395 mud schools in the Eastern Cape has long been needed and long been promised. It took the threat of court action for the Department of Basic Education to allocate appropriate funding and to make commitments to time frames for the replacement of mud schools by safe structures for learning and teaching.
The Bisho High Court order of 4 February 2011 required the first seven new schools to be completed on or before 1 May 2012. However, the department has rather badly let down the children who are accommodated in mud schools. For the children who use the following mud primary schools, the wait for safe schools has been and will be substantially longer than they were told: Matolweni; Thembeni; Sidanda; Sompa; Nkonkoni; Nomandla and Maphindela.
In November 2011, Parliament was told that some of the schools would be ready in March 2012 and others in June 2012. In February there was another announcement, in which we were told that all 49 schools that are part of the current contract would be completed by 31 August 2012. In fact, none of the schools was handed over on the promised deadline of 31 August. The children who are using mud schools will now have to wait until the end of November, at the earliest.
Why does the ANC-led government, provincially and nationally, continue to make the children suffer? The government must be charged for being in contempt of court. [Applause.]
Mrs J D KILIAN: Hon Chairperson, our member, hon Madisha, is ready to make our declaration.
Mr W M MADISHA: Hon Chair, permit me to indicate that it is not feasible to separate what is happening in the Eastern Cape from what is happening in Limpopo. I will therefore say something as far as both are concerned.
Compared to other countries, such as Brazil, Russia, India and China, our country spends a higher proportion of its gross domestic product on education. This is an indication that education is an ongoing priority for the government. However, the system continues to be crippled by the following: poor administration; a lack of infrastructure; frequent policy and curriculum changes; corrupt tender practices; and the lowering of standards. The education system in South Africa is in crisis.
Even before I go on with what I am raising, I want to ask the following question: Do we really have a President in this country? Do we have a President in South Africa? [Interjections.] I am going there. [Interjections.]
In the World Economic Forum’s Global Competitiveness Report, South Africa is ranked at number 137 out of 139 countries for the quality of maths and science education; and number 125 for the quality of primary school education. [Interjections.]
Now, while section 100(1)(b) of the Constitution provides for an intervention by the national department, the measure has proved to be totally inadequate. The national Minister’s intervention in Limpopo and the Eastern Cape has not led to the full delivery of textbooks to learners on time, in compliance with the court order. It is not only the issue of textbooks, but of classrooms as well.
The Presidential Inter-Ministerial Task Team has completed its investigations, but why is President Zuma incubating the report? The country needs answers. He is clearly an uncaring and incapable leader. Is he the President? [Interjections.]
The HOUSE CHAIRPERSON (Mrs F Hajaig): Order! Hon Madisha, can you please take your seat? Yes, hon Sizani?
Mr P S SIZANI: House Chair, I rise on a point of order: I did not hear you say that you were putting Order Four and Order Five at the same time. The hon member is arguing Order Five.
The HOUSE CHAIRPERSON (Mrs F Hajaig): We have already put the two Orders together. [Interjections.] [Laughter.]
Mr W M MADISHA: Thank you very much. You can ask your comrade “Skuurpot” to tell you if you are talking about the “black bag”. [Interjections.] [Laughter.]
In any country where the education of that country’s children is being severely compromised by a long drawn-out and avoidable government failure, a minister must resign or be fired. On what basis is the Minister of Education still in office, considering the extent to which she has failed to provide strategic and administrative leadership and support? Hence the question again: Do we have a President in this country? [Time expired.] [Interjections.]
Mr P S SIZANI: Order, House Chair. Even if ... [Interjections.]
The HOUSE CHAIRPERSON (Mrs F Hajaig): Order! Yes, I will give you a chance. Just hold on.
Mr W M MADISHA: Let us also ... [Interjections.]
The HOUSE CHAIRPERSON (Mrs F Hajaig): Your time has expired. [Laughter.]
Mr W M MADISHA: As I sit down, I wish to say that Mr Zuma must go home. [Interjections.] He is not doing anything for the country. [Applause.] [Interjections.]
The HOUSE CHAIRPERSON (Mrs F Hajaig): Please settle down, hon members. Listen, will both sides please settle down! We are addressing important topics, especially regarding education in our country. I am appealing to both sides to please give the speakers a chance to say what they want to say so that we can just get our work done. I would appreciate some assistance. [Interjections.]
The CHIEF WHIP OF THE OPPOSITION: Chair, when a member on the opposite side raised a point of order, you said both items were being read together, which they are not. Can you give a final ruling on that, please?
The HOUSE CHAIRPERSON (Mrs F Hajaig): Yes. Originally there was the oversight visit to Limpopo and the one to the Eastern Cape. That was then compressed into one. Then there is another one ... [Interjections.] No, no, let me finish. Then there is one that deals with a report on basic education. [Interjections.] There are two, not three. So, it is correct that Mrs Malgas will actually introduce the report on basic education. [Interjections.] It was my mistake that the first two were introduced together. The Fourth Order would have been first, before the one that I have introduced. So, you are correct. We are now on the Fourth Order. Are you happy with that?
The CHIEF WHIP OF THE OPPOSITION: No, I am not, actually, because we are working according to the Order Paper that was issued to us, and this has not been changed. It is in accordance with this that we would like to make a declaration on the Fifth Order.
The HOUSE CHAIRPERSON (Mrs F Hajaig): You still have a chance to do so.
The CHIEF WHIP OF THE OPPOSITION: We do not see these two as one single report; they are two separate reports. The one is for Libode in the Eastern Cape and the other is for Limpopo.
The HOUSE CHAIRPERSON (Mrs F Hajaig): You still have a chance to do so.
Mrs J D KILIAN: Chairperson, just ... [Interjections.]
The HOUSE CHAIRPERSON (Mrs F Hajaig): Can I just attend to one thing at a time, Mrs Kilian? Please sit down. Alright, I am giving you direction. If anyone wishes to give a declaration on the Fourth Order of the Day, you may do so now.
Mrs J D KILIAN: Chairperson, can I just ask you some other questions for the sake of clarity?
The HOUSE CHAIRPERSON (Mrs F Hajaig): Yes.
Mrs J D KILIAN: It is just in relation to the status of the report: if the report is just being “noted”. I am very concerned because it seems that, in respect of the Fourth Order, we had two committees that actually went on an extensive oversight visit. They came back with very valuable conclusions, first-hand knowledge, etc, and they made specific recommendations. If the report is “noted” only, does this mean that the recommendations - that the Minister of Basic Education should ensure that the department submits the report on the envisaged cost escalations and all of that - simply fall off because the House has now just “noted” the report? Does this now have no House resolution status? Can we have a better understanding of what is intended with the report just being “noted”? [Interjections.]
The HOUSE CHAIRPERSON (Mrs F Hajaig): Right, I have been advised. That is your opinion and everybody has the right to his or her opinion. You are just one member sitting there.
An HON MEMBER: What?
The HOUSE CHAIRPERSON (Mrs F Hajaig): Yes. I have just been informed that the declarations for the Fourth Order are complete.
Right, Mrs Kilian, you want to know about what happens in terms of the Fourth Order. Are you talking about the Fourth Order? Well, if we are done with all the declarations, I am going to put the question of whether there are any objections to the report being adopted. I now put that question. Those in favour will say “Aye”.
HON MEMBERS: Aye! [Interjections.]
Mr P S SIZANI: Chair, they have not objected to the report.
The HOUSE CHAIRPERSON (Ms F Hajaig): They have. That is what they are saying – she is objecting. [Interjections.] Mrs Kilian, did you object to the report?
Mrs J D KILIAN: No, in fact, hon Chairperson, we actually welcome the report and we want to have the report adopted because it puts specific pressure on the Department of Basic Education to provide information on the 49 schools that should be built and on the completion date. We contend that if the House only “notes” the report, it will not put pressure on the department to actually perform and build those schools.
Mr P S SIZANI: Hon House Chair, I plead with the Table. The House Chairperson asked the Chief Whip of the Majority Party to decide whether the report is noted or recommended and everybody said, “Yes”. Then the opposition asked for declarations - after the decision was taken. Now, why are you going back?
The CHIEF WHIP OF THE OPPOSITION: On a point of order, Madam Chairperson: Is the member rising on the point of order or making a speech?
The HOUSE CHAIRPERSON (Mrs F Hajaig): Alright, I have just been advised that the question should be before the House. These two reports under the Fourth Order will be “noted”. So, now I am going to ask you the question again. Are there any objections to the reports being noted?
Mrs J D KILIAN: Chairperson, yes, there are objections. Will you please record Cope’s objection because then the reports will, firstly, have no status. Secondly, it would mean that Parliament is making payment for considerable costs for visiting the relevant areas! Members of Parliament go on oversight trips and come back with a report that is then only “noted”. That is not part of oversight.
Dr M G ORIANI-AMBROSINI: Madam Chairman!
The HOUSE CHAIRPERSON (Mrs F Hajaig): Table, can you please come here?
Dr M G ORIANI-AMBROSINI: Madam House Chairman ...
The HOUSE CHAIRPERSON (Mrs F Hajaig): Chairperson!
Dr M G ORIANI-AMBROSINI: Chairperson, “Chairman” is actually neutral, but as you wish. May I approach you? Thank you. I wish to submit an amendment to the motion before the House: that the report be “adopted”. Because this is an amendment, it needs to be voted on before the principal motion is voted on. If somebody seconds it, I will just move that the motion be amended to call for the adoption of the report.
Mrs J D KILIAN: I second that.
The HOUSE CHAIRPERSON (Mrs F Hajaig): Hon member, I cannot take an amendment.
Dr M G ORIANI-AMBROSINI: I have the right to put an amendment!
The HOUSE CHAIRPERSON (Ms F Hajaig): At this point, we are calling for any objections to this report. You have the right to accept the report to be “noted” or you have the right also to accept the report for noting. So, you have had your say, so the report will be noted. Can we please proceed.
Dr M G ORIANI-AMBROSINI: Madam Chair, are you ruling ...
The HOUSE CHAIRPERSON (Mrs F Hajaig): Hon Oriani-Ambrosini, I am not taking any amendments at this stage. Thank you.
Dr M G ORIANI-AMBROSINI: I note my objection to your ruling. [Interjections.]
The HOUSE CHAIRPERSON (Mrs F Hajaig): I request that the Table staff check – until the very last moment – the documents they provided to the Presiding Officer.
Motion agreed to (Cope and IFP dissenting).
Report accordingly noted.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON BASIC EDUCATION — OVERSIGHT VISIT TO POLOKWANE, LIMPOPO PROVINCE, FROM 4-5 JULY 2012
There was no debate.
Mr G D SCHNEEMANN: Chairperson, I move on behalf of the Chief Whip of the Majority Party:
That the Report be noted.
Mr S B FARROW: Hon Chair, are we on the Fifth Order now?
The HOUSE CHAIRPERSON (Mrs F Hajaig): Yes.
Mr S B FARROW: I then request a declaration by my party. [Interjections.]
The HOUSE CHAIRPERSON (Mrs F Hajaig): I will now put the question. Those who are in favour of the report say “Aye”. Those against ... [Interjections.]
Mrs J D KILIAN: Chairperson, on a point of order: I just want to raise, on a point of procedure, that it is really unprecedented for this House to receive extensive reports from a portfolio committee that went on an oversight trip, at great cost to this House, and that came back with very significant recommendations, including steps that the Department of Education should take to ensure that textbooks are delivered on time to schools in the province of Limpopo, and then to be confronted with a “noting” of that report. We believe this is wrong. We want to give this House the opportunity to take a resolution to endorse the recommendations of the Portfolio Committee on Basic Education so that the Minister and the department know that they have to implement these resolutions of the House.
The HOUSE CHAIRPERSON (Mrs F Hajaig): Thank you, hon Kilian.
Dr M G ORIANI-AMBROSINI: Madam Chairperson, I request that the quorum be verified and a division is called.
The MINISTER OF LABOUR: Point of order, House Chair!
The HOUSE CHAIRPERSON (Mrs F Hajaig): Hon Oriani-Ambrosini, the hon members of this House are being counted at this point. You will get the figure shortly. I call on the hon Minister.
The MINISTER OF LABOUR: House Chair, if the report is “noted”, it allows the portfolio committee to further deliberate on the report. Parliament cannot “adopt” the report, particularly when it comes to provincial visits, because the portfolio committee has to request the department to come and respond to the issues ... [Interjections.] ... in terms of the outcome of the findings of the portfolio committee before the report is adopted by the House.
Secondly, you cannot call a division on a “noted” report. I really want to appeal to the members of this House, particularly the Whips, to go and read the Rules of Parliament so that they can understand clearly the difference between the noting of a report and the adoption of a report. Thank you, House Chair. [Interjections.] [Applause.]
Mrs J D KILIAN: Chairperson, I would just like to request that when a report is tabled ... [Interjections.]
The HOUSE CHAIRPERSON (Mrs F Hajaig): Hon Kilian, I have heard you. I am waiting for the members to be counted. Can I first do that before moving on to the next speaker?
Members, are there any more declarations on the Fifth Order?
Mr S B FARROW: On Order number five, Madam Chair, I request a declaration to be made by the DA, as previously asked for. Thank you.
Declaration of vote:
Mrs A T LOVEMORE: Chairperson, the report before the House is accurate. The information it reflects is not entirely so. Inaccuracy number one is that the portfolio committee was informed in Polokwane on 5 July 2012 that the delivery of textbooks in Limpopo was 99% complete. What the committee was not told is that this indicated delivery to warehouses, not to schools. [Interjections.] It is alarming to note that on 25 July the committee was assured that the delivery to schools was 100% complete, yet yesterday two schools in Limpopo announced that they were now approaching the North Gauteng High Court for relief, having not received any textbooks. [Interjections.]
Inaccuracy number two is that the administrator in Limpopo spoke of the remedial programme for Grade 10 learners who have been affected by the lack of textbooks and emphasised the department’s commitment to quality basic education. The DA has been and is adamant that no remedial plan or catch-up plan - call it what you like – in effect exists. It was announced yesterday that the lack of a catch-up plan or remedial plan will now be tested in the North Gauteng High Court. We await the judgment.
It is truly a source of great sadness to me that I should rise to declare the misleading of Parliament and, in effect, of Limpopo learners by the Department of Basic Education and the Limpopo provincial department of basic education. [Applause.]
The HOUSE CHAIRPERSON (Mrs F Hajaig): I request the members sitting at the back in the DA benches not to take photographs in this House. It is not admissible. I did not name you and you got up, so you know who you are.
Mr P VAN DALEN: Yes, Chair, I don’t run away. However, I did not take a photo. I was looking for a signal to send a very urgent message to my wife. [Laughter.] I did not take a photo. There is no signal reception here.
The HOUSE CHAIRPERSON (Mrs F Hajaig): The point is that I didn’t name you, Mr Van Dalen, but you got up. [Interjections.] So, you knew what I was talking about. Alright, can we get on with the business of the House? Members, kindly note that at this point there are 182 members sitting in the House, and we can continue with our business.
Mr K B MANAMELA: Hon Chair, I rise on a point of order on behalf of the ANC: Regarding the hon member who said he was looking for a signal for his phone; his phone is actually supposed to be off in the House. So, in his defence he actually committed a further crime. [Laughter.] [Interjections.]
The HOUSE CHAIRPERSON (Mrs F Hajaig): Alright, so we have enough members to continue with our work. Can we continue, please? The declarations are complete. What I would like to ask now is if there are any objections to these reports.
Mrs J D KILIAN: Chairperson, there is no objection to the reports.
The HOUSE CHAIRPERSON (Mrs F Hajaig): Please don’t make a long speech again, hon Kilian. [Laughter.]
Mrs J D KILIAN: No, but again I just want to raise the issue that we are not satisfied that these reports are simply for “noting” because we want to compel the Minister of Basic Education actually to do her job. Therefore, we like the contents and the recommendations, but we want the report to be adopted, not noted.
Motion agreed to.
Report accordingly noted.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON MINERAL RESOURCES — INTERNATIONAL STUDY TOUR TO CHILE AND BOLIVIA FROM 17-26 JANUARY 2011
There was no debate.
Mr G D SCHNEEMANN: Chair, on behalf of the Chief Whip of the Majority Party, I move:
That the Report be noted.
Declarations of vote:
Adv H C SCHMIDT: Chair, in Bolivia we witnessed the abject poverty experienced by mining communities surrounding the mining operations of the state-owned mining company, Comibol. It is dysfunctional and in a state of disrepair, with poor production figures of copper. No mention of these facts is made in the report.
We were, inter alia, shown one excavator, which appeared to be the sum total of its mining operations. In fact, all members of the portfolio committee agreed to shorten the trip to Bolivia due to the fact that it was clearly a model that no one wanted to follow and could not learn from.
In Chile, the CEO of the state-owned mining company, Codelco, Mr Diego Hernandez, in no uncertain terms indicated that he was in favour of privatising Codelco, should the Chilean parliament so decide. In fact, it was deliberately pointed out that the model followed by the Brazilian company, Vale, which, from being a small state-owned mining company, had developed into one of the largest mining companies in the world, after being privatised. This issue is not even referred to in the one-sided report serving before Parliament today, intended to show that state intervention is preferable - which it is not.
In South Africa we need look no further than Alexkor. In the previous financial year, government bailed out Alexkor to the amount of R350 million in order for it to emerge from its disastrous financial situation. Alexkor made another loss, of approximately R16,5 million, in the last financial year, and it is expected to do so for the next three years. The attempt by the Minister of Public Enterprises to appoint a new board amounts to no more than a reshuffling of chairs on the ill-fated Titanic.
The ANC government’s preoccupation with the report entitled “State Intervention in the Mining Sector”, the so-called Sims Report, adds fuel to fire. Strangely, the portfolio committee’s conclusion is only being debated today, after the Sims report, which requests that more state involvement is required, was made public. What is required for a prosperous mining sector is less state intervention, less government regulation, more international investment and a stable political environment, with functional governance in all three spheres of government in order to avoid workers’ unrest such as the unfortunate Marikana event.
Mr M F GONA: Chairperson, we want to make a special appeal to the DA that facts must be put forward to this House. Firstly, we agree with the views that we were not impressed with the state-owned mining company processes in Bolivia. That is the truth. Secondly, which is also the truth, we were all highly impressed with the manner in which Codelco in Chile is being run, and also with the purposes for which that state-owned mining company was formed.
The DA must tell the House that its objection or opposition to this report is based purely on ideological considerations. They do not want any state intervention in any sector of our economy, for that matter. [Interjections.] Let us remind them that the status quo in the mining sector cannot be allowed to continue because the benefits of the mineral wealth that we have in this country are enjoyed by a tiny minority and, even more so, by companies that are of foreign origin.
We therefore need to find a strategy to turn that situation around. It is unsustainable, because, as you can see from what is happening in Marikana, it is more than just a wage issue. [Interjections.] The living conditions of those workers, and that of mining communities across the country, are matters before us and we must attend to them. The DA must therefore understand that we cannot leave the economy of this country without the state intervening on behalf of the poor people of this country. [Applause.]
Mrs J D KILIAN: Chair, please note Cope’s objection to the report being “noted”.
Motion agreed to (DA dissenting).
Report accordingly noted.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON PUBLIC ENTERPRISES — ANNUAL REPORTS OF DEPARTMENT OF PUBLIC ENTERPRISES AND STATE-OWNED COMPANIES
Mr H P MALULEKA: Chairperson, the committee considered the annual report of the Department of Public Enterprises together with eight other annual reports of the state-owned companies under its jurisdiction. The report was considered in the light of the department’s strategic plan, which has the vision of providing strategic direction to state-owned companies so that their businesses are aligned with the national growth strategies arising out of the New Growth Path. This is in recognition of state-owned companies as strategic instruments of industrial policy and core players in government’s policy objectives.
In considering the department’s annual report, we paid particular attention to the infrastructure programme that the department oversees, spearheaded by our two state-owned companies, namely Eskom and Transnet, whose expenditure is estimated at no less than R800 billion.
As we considered the annual report of the department, we focused more on government’s policy objectives, such as job creation, skills development and employment equity, and on how state-owned companies work in their procurement processes to assist in the promotion of local industries through the supply chain industry. We were pleased with the performance of the department. However, we believe that if the department can be given additional resources to do its oversight work, we could see even better results.
More jobs are being created by the massive infrastructure programme undertaken by the two state-owned companies, that is, Eskom and Transnet. As the committee, we continue to monitor and oversee the skills development initiatives created by the aforementioned state-owned companies in meeting government’s policy objectives.
Other areas of focus that the committee looked at in considering the report include the role of state-owned companies in realising the objectives of the New Growth Plan, Industrial Policy Action Plan 2 and partnerships between the state, business, organised labour and civil society for the realisation of the developmental state’s agenda. We also considered procurement policies designed to address the interests of small and medium businesses, especially co-operatives, to do business with state-owned companies, with an emphasis on local content; the creation of decent work and sustainable livelihoods through public investment and more labour-absorbing activities; Safco’s role in developing rural communities; a need to address the financial challenges facing Denel Aerostructures; challenges facing South African Express - the entity’s financial challenges, that is - and accessible and affordable broadband services to underdeveloped or underserviced areas through the state-owned Broadband Infraco.
In adopting this report, we would also like to congratulate the Department of Public Enterprises, under the sterling leadership of Minister Gigaba, the Director-General, Mr Tshediso Matona, and his managerial team and staff for the clean audit reports of the past seven years. This is a commendable performance and we say to the department, continue to do what you do best and remain a good example of a well-run government department.
In conclusion, this morning, in our portfolio committee meeting, the committee noted that since “Gratitude” has just joined “Knowledge” in this department, we think we can expect much greater things to happen. For those who don’t know what I’m talking about, the Deputy Minister is Gratitude Magwanishe and our Minister is Knowledge Gigaba. [Laughter.] [Applause.]
There was no debate.
Mr G D SCHNEEMANN: House Chairperson, on behalf of the Chief whip of the Majority Party, I move:
That the report be adopted.
Mr S B FARROW: House Chairperson, we first request a declaration, if you wouldn’t mind.
The HOUSE CHAIRPERSON (Mr M B Skosana): I will come to that, sir! Requests for declarations have been received. I will allow about three minutes for each party to make a declaration.
Declarations of vote:
Mr P VAN DALEN: House Chairperson, I rise today to tell you that we, the DA, will support this report as it was a true reflection of what transpired in the meetings I attended.
I also rise to inform this House of a travesty of justice of one company in South Africa that is using 7,5% of the total electricity generated in this country, but that only employs 3 000 people and contributes a minuscule 0,01% to the gross domestic product. This company has a secret deal with Eskom called a “special pricing agreement”. It is reflected in Eskom’s annual report as “embedded derivatives”. These terms are just fancy words for theft from the poor and working classes. They are fancy words for ordinary South Africans subsidising an international conglomerate, BHP Billiton, to the tune of R4,8 billion a year — exported from this country in the form of aluminium ingots.
The company consumes cheap electricity, artificially secured through special pricing agreements; imports ore and exports the finished product to Australia, with little or no upstream or downstream benefit for South Africa. The smelters were built when there was an excess of electricity and Eskom wants us to believe that we are stuck with these contracts for another 25 years. Eskom also wants us to believe they were inherited from the apartheid era, pre 1994.
I asked questions in Parliament about this. The answers revealed that some of the deals were signed as late as 2003. Remember that South Africa was hit by blackouts throughout 2008, costing us billions of rands in foregone revenue. Do you want to tell me, Mr House Chairperson, that a company like Eskom and Mr Mick Davis, who signed the pre-1994 contract with BHP Billiton, did not know in advance that we were heading for an electricity supply shortage?
The next question is why someone would effectively sign South Africa’s death warrant and why this person took up a director’s post at BHP Billiton shortly afterwards? It just does not make sense! The crux of the matter is this: At the time when I revealed this secret Eskom report, the company was paying 13 cents per kilowatt hour or per unit while we are paying an average of 60c/Kwh. The information I have now is that BHP Billiton is paying 8,8c/Kwh to 10c/Kwh - as the aluminium price is at an all-time low - while we are paying 120c/Kwh!
How does this government and this Parliament, after hearing all these facts, still allow this to happen? At the time, Mr Patrick Craven of the Congress of South African Trade Unions said: “We will fight this injustice till the end!” Well, Mr Craven, I have news for you: Nothing happened! I wonder who really is representing the poor and the workers here, in this case. [Interjections.] Why should we continue to subsidise this international conglomerate in making a huge profit on the altar of our suffering? This is worse than the arms deal. In the case of the arms deal, at least only some selected politicians got kickbacks. Here, we can’t figure out any benefit to anybody! [Interjections.] [Applause.]
Mr L W GREYLING: House Chairperson, I rise to make a declaration on this report as I was a member of the committee that deliberated on these issues. I can confirm that it is a fair reflection of our discussions.
However, two issues of this report stand out for me, though. I believe we need to take them up urgently for the sake of our energy future. At present, we are in the midst of an energy crisis, where we are running our peaking plants for over 50% of the time at a cost of over R2,50/Kwh. We are also paying companies millions of rands each month to cut back on production in order to save energy and avoid blackouts.
This is the true cost to our economy of the delays in finishing Medupi Power Station; a delay caused by Hitachi - in which the ANC, through Chancellor House, has a 25% stake – not fulfilling its contractual obligations in the specified timeline. Hitachi must be forced to pay penalties for this delay, which can compensate us for the damage being wrought on the South African economy. [Interjections.]
HON MEMBERS: Hear, hear!
Mr L W GREYLING: Another company that must be held to account is BHP Billiton. This report called on Eskom to renegotiate all of its special pricing arrangements which are seeing our scarce energy resources being sold at costs that, in many cases, are substantially lower than the cost of producing it.
The one contract that has not been renegotiated is the one with BHP Billiton. It accounts for over 1 700 megawatt - equivalent to the energy requirements of a small city. BHP Billiton has also fought tooth and nail to prevent details of this contract becoming public, indicating that they have something to hide. We want to know who signed this 35-year contract that is costing our country billions of rands. We also want public pressure to be brought to bear on this company in order to force it to the negotiating table so that we can get a better deal for all South Africans. In the midst of an energy crisis, these kinds of special pricing arrangements cannot be allowed to continue and we must fight it with everything we have. [Applause.]
Mr M A NHANHA: House Chair, I am also rising to make a declaration on this report. Firstly, I hasten to say that Cope accepts this report as is, but there are a few things worth mentioning. One of those things is the status of the department as it stands. Everyone will recall that, essentially, this department was established as a privatisation desk to fast-track privatisation in this country. It’s now clear that privatisation is no longer on the table. This department has got to be given enough muscle so that it becomes a fully fledged department. As it stands, the department is working very well and Cope applauds the department and the Minister.
However, what really sends shivers up our spines is the mention of the infrastructure build, which will cost this country about R800 billion. I can’t help but think of how many of President Jacob Zuma’s family members, friends, and his inner core will benefit from this infrastructure build, not even mentioning Chancellor House. [Interjections.]
In my budget debate speech I pleaded with the Minister that an eye needed to be kept on all those who benefited from Zuma economic empowerment, ZEE, his inner core and Chancellor House. [Applause.]
Dr G W KOORNHOF: House Chairperson, it’s difficult to respond in the sense that three parties are now engaging in political grandstanding. This is an annual report ... [Interjections.] No, no, wait a minute! [Interjections.]
The HOUSE CHAIRPERSON (Mr M B Skosana): Order! Order, please!
Dr G W KOORNHOF: This is an annual report of eight state-owned companies and the department. This department is one of the three best-performing departments in the Public Service. The state-owned companies are rolling out massive infrastructure development programmes, two of them, at least, Eskom and Transnet.
We had separate meetings with both these state-owned entities where the three parties that have spoken now complimented Eskom and Transnet for the tremendous, good programmes that are being rolled out. Now, they come here and say it is not good enough!
The hon Van Dalen had ample opportunity regarding his so-called secret Eskom file to meet with the department and discuss it in meetings. Nothing came of that! Now, when the report needs to be adopted, he indulges in political grandstanding and political point-scoring, whereas in the meetings they complimented Eskom, Transnet and Infraco. So, I think we will, from this side, totally reject these statements with the contempt they deserve. [Interjections.]
Mr S B FARROW: Chairperson, I have a point of order.
Dr G W KOORNHOF: Hon Greyling ...
Mr S B FARROW: Chairperson, I am sorry ...
The HOUSE CHAIRPERSON (Mr M B Skosana): What is the point order?
Mr S B FARROW: Chairperson, the hon member is making a declaration. I assume he is talking to the report. In our particular cases, we have done so, as have all speakers here today have done, as I recall. But you are now making a statement that ... [Interjections.]
The HOUSE CHAIRPERSON (Mr M B Skosana): Hon member, I was listening to the hon member Koornhof. I think he is being relevant.
Dr G W KOORNHOF: Exactly! Thank you for reminding me! [Interjections.] I am talking to the report. Your member is not talking to the report because what he’s raising is not in the report. [Interjections.] It’s not in the recommendations; it was not in the discussions; it’s not in the conclusion. The same goes for the other political parties. So, I really find it very sad ... [Interjections.] ... that we come to an annual report of state-owned companies and members talk about issues that are not even in the report. Do you know why? It is because they didn’t read the report. [Interjections.] We reject this with the contempt it deserves. [Applause.]
Dr M G ORIANI-AMBROSINI: Mr Chairman, through you to the hon Koornhof, I’ve never spoken a single kind word regarding Eskom, so I will not be in the same category as those who you think to be guilty. [Interjections.]
Who are we representing here? The hon Koornhof knows that three years ago we had common cause trying to get copies of those contracts. They didn’t tell us that those contracts for the aluminium smelters were old contracts, nor that no new contracts would have been made or had been made recently. We are now faced with a situation where we are having a debate on these important issues in Parliament, not as a separate debate on our energy policy, but as an incident to the tabling of a report. That in itself is a problem.
We, as Parliament, are not discussing the issue that is most fundamental to everything we care about – economic growth, unemployment, crime – and that is the energy problem! Fix the energy problem and you fix the problem. Fix energy and you fix unemployment.
HON MEMBERS: Hear, hear!
Dr M G ORIANI-AMBROSINI: What is happening with Eskom is a national crime - it’s an ongoing, rolling avalanche; a catastrophe. We all know it but we have a sense of impotence and, surely, the Department of Public Enterprises is not the place where that can be fixed. The most fundamental problem of this report is that it is a report of a department that cannot deal with problems such as Eskom. Eskom needs to go back to where it belongs — the Department of Energy, even more so now that the Department of Energy has freed itself from also being the Department of Minerals. The Department of Public Enterprises must disappear and each of these state-owned enterprises must be moved back into the line function that can organically deal with the problems and challenges they face.
If we look at the energy crisis facing us today, we know we are embarking on a much greater crisis if we proceed with the nuclear build programme. I admit that I have changed my tune on this matter. In the committee and publicly I have expressed a different view. What is happening in respect of the discovery of the gas potential, not only in South Africa but in the entire region, ought to force a serious debate in this Parliament. I plead with the hon Koornhof; I plead with those who have the power to accept that we should hold, in this Parliament — as a matter of urgency — a serious, proper, in-depth debate of what we are doing about supplying the country’s energy needs for the next 100 years. These are decisions that, by default or by volition, we shall carry on our conscience for many generations to come. We are here now, making them. [Time expired.]
Motion agreed to.
Report accordingly adopted.
Mrs J D KILIAN: Chairperson, I just want to say that we welcome the fact that this report, at least, is adopted, not “noted”.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON HOME AFFAIRS — STUDY TOUR TO RUSSIAN FEDERATION FROM 16 – 26 MARCH 2012
Mrs M M MAUNYE: House Chairperson, may I speak from here?
The HOUSE CHAIRPERSON (Mr M B Skosana): Yes, go ahead.
Mrs M M MAUNYE: Thank you, Chair. On behalf of the portfolio committee, it gives me pleasure today to present to this House the report of our successful study tour to the Russian Federation. The objectives of the tour were, among others, to learn how best to integrate and attract highly skilled professionals into our country; to focus on immigration policies, particularly in relation to asylum seekers and border management; and also to learn how Russia manages the inflow and outflow of migrants.
From the tour we observed, among other things, that the Russian Federation tracks refugees by recording their biometric features and requiring them to report when they move. It enforces statutory penalties against employers who employ illegal migrants. The Russian government has measures in place to integrate migrants into society, such as language courses. Foreigners who open small shops in Russia have to ensure that their employees are Russian citizens.
The federation has developed an asylum-seeker policy that includes, among other features, temporary accommodation centres for asylum seekers; being able to apply for refugee status while outside the Russian Federation, at the port of entry; within Russia, at the Federation Migration Service offices throughout the country; the automatic provision of travel documents to be able to travel outside the country; and refugees being allowed to obtain employment, become entrepreneurs and attain social security and benefits just like Russian citizens.
There is strong collaboration between the Federal Migration Service and various migrant communities, including religious organisations, to prevent conflict occurring among citizens. There is also established co-operation between the different national ministries, departments and NGOs on migration issues. The state Duma indicated a desire to strengthen its collaboration with the South African Parliament on these and other key issues as part of ongoing relations through Brics.
Russia shares notable similarities with our country in historical and migration challenges. South Africa, in considering a more risk- and state security-conscious model for migration into the country, has much to learn from its international counterparts. Russia has also made it easier for migrants, needed to stimulate its economy, to enter through official means, such as various permits. With such insight gathered, the task of balancing security with the equal imperative for economic development and regional integration can be pursued.
As a leader in its respective region, South Africa, like Russia, has a role to consider the broader implications of a migration policy. Security, economic development and globalisation, trade, tourism, investment, education and labour, among others, should be considered.
The lessons learnt from the Russian study tour provide a broader perspective and examples of best practice in migration policy that will prove invaluable to the Members of Parliament involved as South Africa moves towards formulating its more comprehensive overarching migration policy in the coming year.
Chairperson, that is the report of the Portfolio Committee on Home Affairs. [Applause.]
There was no debate.
Mr G D SCHNEEMANN: Chairperson, on behalf of the Chief Whip of the Majority Party, I move:
That the Report be adopted.
Motion agreed to.
Report accordingly adopted.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES — JUDICIAL INSPECTORATE FOR CORRECTIONAL SERVICES, ANNUAL REPORT FOR 2010-11
There was no debate.
Mr G D SCHNEEMANN: On behalf of the Chief Whip of the Majority Party, I move:
That the Report be noted.
Declarations of vote:
Mr P B MNGUNI: House Chair, managing crime and criminals is not an easy task. However, South Africa is fortunate in that this responsibility is not just for government alone, but for the whole nation, because crime has become a major and national stress factor inside and outside prisons.
As a member who recently joined the Portfolio Committee on Correctional Services, it soon became clear to me that the relationship between the Judicial Inspectorate for Correctional Services, Jics, and the department and its executives is not fully functional.
The department seems “unsuitable” to Jics and does not take the recommendations or the work of Jics seriously. Yet Jics sees where the gaps exist and where they should be filled in the entire operation of the department. The inspectorate’s duty is to ensure that every human right of people in our correctional centres is protected.
Cope echoes Jics’s call that the Department of Correctional Services should not be notorious for segregation in prisons, the selective transfer of inmates, deaths in prisons, torture and assault by officials, pathetic medical care and controversial parolees. The relationship between the National Council for Correctional Services and Jics must be streamlined. As such, the Act must be amended. However, over the years the work of Jics has been stifled, because they rely on the very same Minister with whom they have issues relating to the implementation of their recommendations. That is an untenable situation.
Cope recognises the need to rewrite the Correctional Services Act. Chapter 9 of the Correctional Services Act of 1998 provides for the establishment of Jics as an independent entity, managed by an inspecting judge, according to section 85(1) of this Act. So, Jics was created by an Act of Parliament and should report their activities to Parliament directly, without fear of interference from the Minister.
Cope recognises that, according to section 91 of the Correctional Services Act, the Department of Correctional Services is responsible for Jics’s expenses. Cope would like to see the separation of financial authorities in order to guarantee the independence of Jics. Cope would also like to see Jics’s financial independence rectified through the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to which South Africa is a signatory.
The Money Bills Amendment Procedure and Related Matters Act of 2009 provides for, among other things, a parliamentary procedure to amend Money Bills, thus granting parliamentary committees greater opportunity to sway the allocation of funds directly to Jics through section 5. Jics falls right within this call.
Mr V B NDLOVU: Chairperson, while the IFP supports the report, we want to put on record that the work of the Inspecting Judge must be respected by the department. The experience we have is that the department always looks down on the Inspecting Judge’s recommendations. We want that to be taken on board when the report of the judge is presented to this department and to the portfolio committee, so that what the Judicial Inspectorate is doing is recognised by the department and is therefore implemented.
Secondly, the independence of the Judicial Inspectorate should be respected by the department. The department always frustrates the Inspecting Judge when it is doing its work. Therefore, the responsibility of the Inspecting Judge and the inspectorate must be properly respected. People working under the inspectorate must be respected so that they can identify problems. The department should adhere to recommendations made by the Inspecting Judge. We should be able to know exactly how far we are going to make sure that the rights of people who are in incarceration are protected and not violated.
Mr J SELFE: House Chairperson, the Judicial Inspectorate of Correctional Services plays an absolutely essential role in ensuring that all people who are incarcerated in our prisons are held in conditions of human dignity. Because of that, many strategy provisions are laid down in the Correctional Services Act on which the department has to report to the Judicial Inspectorate. These include the reporting and investigating of deaths of prisoners in non-natural circumstances, the segregation of prisoners and the use of mechanical constraints. What we are finding in the portfolio committee is that, as often as not, these things occur in the department without their being reported. In other words, the intention of the Act is being undermined by the officials on the ground.
That says to us that the very important work done by the Judicial Inspectorate is not being taken seriously, so much so that in one case an official of the Judicial Inspectorate was denied entry into the Vanrhynsdorp Correctional Centre. For that reason, we support the proposal that has served before the portfolio committee: that the Judicial Inspectorate gets its own budget, that it is made independent of the Department of Correctional Services so that it can act without fear and favour; and that Parliament ought to take its recommendations very seriously because it is the institution that is going to ensure that prisons are not run in the way they were under the apartheid regime. [Applause.]
Motion agreed to.
Report accordingly noted.
FINANCIAL CRISIS AFFECTING GROWTH IN SOUTH AFRICA
(Debate on African – Caribbean – Pacific States — European Union topic)
The HOUSE CHAIRPERSON (Mrs F Hajaig): Hon House Chairperson, hon Ministers, hon Deputy Ministers and hon members, today’s debate is about the ACP-EU structure and its history. As hon members know, ACP stands for the African, Caribbean and Pacific countries, while the EU stands for the European Union.
Co-operation between the ACP countries and the European Economic Community, EEC, as it was known at the time, started in 1958, when the EEC’s founding countries decided to grant financial aid to the countries and regions under their colonial rule. As African countries gained independence, the EEC developed economic co-operation agreements, mainly with Francophone African countries.
When the United Kingdom joined the EEC, they brought with them their former colonies in Africa, the Caribbean and the Pacific. The ACP alliance was formed in 1975 with the signing of the Georgetown Agreement and this institutionalised the ACP as an international organisation.
The ACP states committed themselves to strengthening the existing solidarity of the group, to promote and develop greater and closer trade and economic relations among themselves, and to forge effective regional and interregional co-operation. They also committed themselves to ensure that the agreements of the Lomé Convention contribute fully to the realisation of the common aspirations of the countries of the developing world. Over the years various agreements with regard to aid, trade, human rights and political co-operation were signed. Subsequently, the Cotonou Partnership Agreement was signed in 2000 and came into effect in 2003.
There are three joint ACP-EU structures, whose task is to steer, implement and supervise the implementation of the co-operation agreements between the ACP countries and the EU. There is the ACP-EU Council of Ministers, which engages in political dialogue, adopts policy guidelines and takes legally binding decisions concerning the implementation of co-operation agreements between the ACP and EU.
We have the ACP-EU Committee of Ambassadors. Among other things it monitors the implementation of co-operation agreements. Lastly, the ACP–EU Joint Parliamentary Assembly has an equal number of EU and ACP parliamentarians and their objective is to promote interdependence between north and south.
There are three standing committees and they develop proposals which are voted on by the Joint Parliamentary Assembly. These are the Committee on Political Affairs; the Committee on Economic Development, Finance and Trade; and the Committee on Social and Environment Affairs. South Africa is a member of the Committee on Economic Development, Finance and Trade.
South Africa is a major role-player in the African Union and in the Southern African Development Community, SADC. We are part of the ACP, not only for our own national interest, but also out of political solidarity with the developing world and with regional partners and the combined effort at regional integration. That is the history of the ACP-EU, in short.
The Economic Partnership Agreements is one of the many issues that have emanated in the past 10 years. There have been enormous problems with the Economic Partnership Agreements. These are in negotiation and have been for the past 10 years. Despite some progress, many challenges still remain.
The Economic Partnership Agreements, EPAs, are free-trade agreements that the EU is currently negotiating with 75 of its former colonies in Africa, the Caribbean and the Pacific - also known as the ACP countries. The EPA negotiations envisage the creation of a free-trade area between the EU and ACP countries in which there are no duties on goods imported and exported between these countries. Free trade agreements such as the EPAs are based on the principle of reciprocity - that is, when one party to the agreement makes a concession by lowering its tariffs on goods, the other party reciprocates by lowering their tariffs too.
In the ACP-EU negotiations, the ACP countries are split into six regional groups, each of which negotiates a separate EPA with the EU. These groups are West Africa; East and Southern Africa, ESA; Southern African Development Community, SADC; Central Africa; the Caribbean Forum, Cariforum; and the Pacific countries. The member countries of each of the regions were former colonies in Africa, the Caribbean and the Pacific.
The EPAs have been very important and have significant implications for development in ACP countries in particular, as they will overhaul the entire way in which EU-ACP trade relations are structured. Unlike previous EU-ACP agreements that provided unilateral preferential access to the EU market for ACP exporters, an EPA requires that ACP countries now reciprocate by liberalising tariffs on EU exports entering their own market, as well as agreeing to additional binding rules in new areas such as investment, competition and services. This move to reciprocal liberalisation will entail fundamental changes in ACP countries. The EU is the ACP’s largest trading partner. Nearly 40% of all ACP exports go to the EU.
The EPAs will affect 39% of the world’s 50 least developed countries and the lives of the more than 720 million people who live in the ACP region. The development implications of the EPAs for the ACP group will therefore be vast.
To date only the Caribbean region, the Cariforum, has completed a comprehensive regional EPA with the EU. This was done in October 2008. However, the majority of Caribbean countries and the EU states still need to ratify the EPA. Although both sides started to provisionally apply and implement the EPA in December 2008, this EPA is still facing implementation challenges. For instance, only 6 of the 14 Caribbean countries that are party to the EPA have made any of the required tariff cuts that were due in January 2011.
The first EPA in an African region has been applied since 14 May 2012. The Interim Economic Partnership Agreement was signed in August 2009 by countries of the Eastern and Southern African group, comprising Mauritius, the Seychelles, Zimbabwe and Madagascar. Once all parties have ratified the agreement, it will officially enter into force.
Despite some countries of the SADC-EPA group - Botswana, Lesotho, Swaziland, Mozambique and Namibia - initialling an Interim Economic Partnership Agreement, IEPA, in 2007, they decided not to apply this agreement. Instead, all the members of the SADC group, including South Africa in 2010, agreed to rather negotiate towards an inclusive and comprehensive EPA as a group. Negotiations are still in progress.
What are the challenges? The challenges that remain include the following: There have been several incidents where the European Commission clung to its position and rejected ACP proposals. ACP countries felt bullied. Secondly, the Interim Economic Partnership Agreements have caused divisions in the different regions because the EU negotiated these IEPAs with individual countries and not the whole region, as they were meant to do. Thirdly, the European Commission’s proposal to amend the Market Access Regulation 1528 of 2007, to withdraw preferential market access from those ACP countries that have not begun to ratify the IEPAs by 2014, have upset the ACP group because it would force these countries to accept the agreements, not because they think they will serve development but because they want to avoid losing preferences. The European Parliament’s Committee on International Trade has called on the European Commission to give the ACP another two years before they vote. Actually, this vote on whether they will allow extending the deadline will take place tomorrow.
Some of the other issues are: There are disparities in gross domestic product, GDP. The question arises: Can there be equitable negotiations between the rich developed nations and the poor, developing nations? Secondly, there are disparities in trade. By 2007 the situation had deteriorated to less than 1% of EU imports coming from the ACP region and less than 1% of EU exports going to the ACP region, whereas before it was a ratio of 30:40. The disparities are vast.
Thirdly, there are disparities in negotiating capacity. Here we have the well-developed economic bloc that is negotiating with poor, developing nations. There is a gap between the EU approach to EPAs and the ACP’s expectations. In 2002 the EU Commission drafted a negotiating mandate for ambitious comprehensive, deep integration free-trade agreements. These could not only liberalise investments and trade in goods and services, but also introduce disciplines for competition, government procurement, trade facilitation, intellectual property rights and data protection.
It should be noted that the EU’s negotiating mandate for the EPAs went beyond what was required to ensure that its trade regime with the ACP states was WTA-compliant. The WTA agreement was for trade-related issues, not the new-generation issues that the EU decided to impose upon the developing nations of the ACP.
Fifthly, there is the inappropriateness of the trade negotiations. Closed-door trade negotiation without any limited parliamentary involvement is highly inappropriate. There have been numerous incidents of technical negotiators proceeding without political decision-makers and of regional secretariats proceeding ahead of technical negotiators, national and regional governments and national parliaments. Farmer organisations and trade unions did not know what the status of negotiations were and what they entailed.
The question arises: Why is the EU exerting so much pressure? According to the former president of Tanzania, Bejamin Mkapa, the EU is threatened by the desire of the emerging economies to absorb raw materials and these countries’ closer links to Africa. There is fear that Europe will somehow be marginalised. The commission’s communication on raw materials in 2011, entitled “Tackling the Challenges in Commodity Markets and on Raw Materials”, states that the years 2002 to 2008 were marked by a major shift in demand for raw materials, driven by strong global economic growth, particularly in emerging countries such as China and India. The increase in demand will be reinforced by further rapid industrialisation and urbanisation in countries such as China, India and Brazil.
A paper published by the South Centre on economic partnership agreements did a benefit-cost analysis. They compared the cost of signing an economic partnership agreement, measured as tariff revenue losses versus the gains of signing an economic partnership agreement. This was measured as duties African countries would avoid paying if they were to export to the EU market under the EU’s Generalised System of Preferences scheme. The paper showed that even with a simple cost-benefit analysis, looking only at the dimension of cost, the tariff revenue losses are higher than the duties at the EU border if there is no EPA. The study included all African LDCs and non-LDCs.
I see I have only 2 minutes left, so I am quickly going to go through the rest ... [Interjections.] No, just listen.
The following relates to the EPA’s effect on industrial development. This is very important for South Africa. The EU’s position on the elimination of tariffs for 80% of trade; restrictions on the use of export taxes and quantitative restrictions; and the standstill clause will undermine Africa’s effort to industrialise and its ability to move up the industrial value chain. As a result, Africa will remain a perpetual supplier of raw materials.
Secondly, regarding the EPA’s effect on food security and rural livelihoods, the EU has not indicated a willingness to abolish its agricultural subsidies. We have been speaking about this for a number of years. The subsidies pose major unfair competition against African producers of milk, poultry, meat, cereals and other agricultural products.
Thirdly, regarding the EPA’s effect on regional trade and integration, regional markets provide the best opportunity for Africa to diversify and develop. If African countries in EPAs have to liberalise 80% of trade, as proposed by the EU, Africa’s regional markets risk being taken over by EU products. The opportunity to increase intra-African trade, to diversify and to industrialise will be significantly reduced.
The EPA’s effect on government’s support of local enterprises is problematic if they include services, investment, competition and government procurement, which we as South Africa refused to accept. Also, what would the effect be on development of tighter intellectual property rights? I have very little time left.
Coming to SADC, the Botswana, Lesotho, Namibia, Swaziland, BLNS, countries of the SADC region have signed an Interim Economic Partnership Agreement. What does that mean for the SA Customs Union, Sacu, as a customs union? What will Sacu countries do now? Will they trade as Sacu members or will they now trade as someone who has signed the Economic Partnership Agreement and according to the rules of the EU? These are some of the issues we need to speak about. One of the issues the EU also want us to ... [Time expired.]
The CHIEF WHIP OF THE OPPOSITION: Hon Chairperson, I was tempted to ask the previous speaker if we were going to write a test on all the information she imparted. Luckily we don’t have to.
South Africa should not only strive to consolidate our hard-won democracy, but also to establish an ethical framework for the 21st century within which we operate globally. Such a framework should distinguish between right and wrong in the present-day interdependent world, where power has become a widespread phenomenon. In a time of cynicism, South Africa is an example of hope triumphing over fear and tolerance triumphing over prejudice. Emerging from a bitterly divided past, we have made a widely admired transition from authoritarian rule to becoming a beacon of human rights.
Yet, as inspirational as we may be, and while our local social and economical challenges persist, it is important to note that the global landscape has been transformed. Conditions have been recast by the events of the Arab Spring and South Africa has to consider its response to the changed world.
It is in this light that we should also carefully analyse our strategies with regard to our global, political and economic partnerships. I believe this is particularly true in respect of our role regarding the Cotonou Partnership Agreement of the European Union, EU, with the countries of the African, Caribbean and Pacific, ACP, regions. South Africa and most of the ACP countries will have to weigh up its role in terms of these agreements and also the role that the EU plays in promoting the benefits that should be accruing to the constituent ACP countries and their regions.
I have stated before in other fora that I am still the new kid on the block in terms of Parliament’s role in respect of these agreements, but during the last visit of our representatives to the ACP-EU meetings in Brussels, and especially at the meetings of the three joint structures that the House Chairperson earlier referred to, it was quite noticeable that very few EU Members of Parliament were in attendance. This matter was raised by a number of speakers from the ACP countries, but only poor excuses were presented in reply.
If the Speaker were here today, he would recall that during the visit that he led to the EU earlier this year, at the meeting with Mr Louis Michel, a Minister of State and the European Commissioner for Development Policy and Relations with ACP countries, I posed this very conundrum to him. His response was that very often meetings of the ACP-EU coincided with some other important EU business, which results in the poor attendance by EU MPs. This is obviously a matter that the technical and logistics teams of the ACP will have to look at. However, it is also quite evident that some EU representatives consider themselves to be in the role of Big Brother when it comes to terms of negotiation.
The other speakers of our forum will be alluding to more technical details, much like the Chairperson before me had done, so I will avoid delving too much into that field. However, I would like to highlight a number of important aspects.
When the Cotonou Partnership Agreement was signed in 2000, there were high hopes that it would invigorate political dialogue, as well as dialogue between non-state actors, and in this way promote a more effective platform for development. But the significant changes that have since taken place within the institution of the EU, especially after the Lisbon Treaty of 2009, have undermined these hopes and even the unity of the ACP.
The EU has since sought so-called comprehensive, deep-integration free-trade agreements that go beyond what was foreseen by the Cotonou Partnership Agreement, causing delays in the conclusion of trade partnership agreements. ACP countries have consequently raised concerns that the EU’s new approach is a one-size-fits-all, paying too little attention to individual challenges faced by each individual ACP member state.
At the same time serious concerns have been raised about the extent of administrative, institutional, legal and even constitutional reforms that would be required if ACP countries were to agree to the EU’s revised approach to trade.
Another precondition, as was mentioned before, to this trade agreement is regional grouping, but there are very few ACP regions that are at that stage in their development. In fact, it is believed that most ACP countries are not at the right stage in their development to be able to even benefit fully from the trade agreements offered. Many ACP countries lack the requisite infrastructure and technological capacity required.
It is therefore feared that these economic partnership agreements - or EPAs, as they are called - may harm local producers by offering more advanced EU exporters unlimited access to their markets too quickly. All of these fears are deepened by the EU’s threat to withdraw preferential market access from ACP countries if they do not ratify EPAs by the end of next year.
So, South Africa will have to weigh up its options very carefully, particularly with regard to the value of the Cotonou Partnership Agreement’s economic partnership agreements and how they world benefit ACP regions. There is a growing feeling that the erstwhile Lomé Agreement was less complicated and more favourable to ACP countries.
As far as South Africa itself is concerned, it must be borne in mind that we have little or nothing to gain from economic partnership agreements between the EU and regions or groups of SADC countries such as the Southern African Development Community, Sadec, because South Africa has entered into its own EPA directly with the EU.
In conclusion, it must therefore be noted that the Cotonou Partnership Agreement in its present form comes to an end during the year 2020, which is highly significant, because that will be just one year after the DA will have succeeded in taking over the government of this country, and we will have to make a decision about this agreement. [Interjections.] At this stage I cannot confirm what our decision will be, but I can categorically confirm that, under the DA government, it will be the right one. [Applause.]
Mr N J J KOORNHOF: Chairperson, I will have a slightly different stance in this debate. The question is not whether the situation in Europe will or has affected us. The real question is how bad it’s going to be and what we can do about it. In 2008 South African exports plummeted by 35%, constituting a lag in GDP growth, and resulting in a shedding of jobs, and businesses closing their doors. We are still battling today to recover from that recession in Europe in 2009 and suddenly Europe stumbles again. So, unfortunately, if Europe falters, we are in trouble.
The European Union is no longer our largest trading partner - China is - but the EU remains an important one. They still buy more than 30% of all South African manufactured exports, so their downturn is being felt on our local shores. The Reserve Bank announced this afternoon that the South African current account recorded its largest deficit in four years because exports fell because of subdued external demand.
So what should we do? Look North? West? No, East, says Abdullah Varachia, when he recommends in The Sunday Independent on Sunday that South Africa should look no further than Singapore. Singapore could hold clues for us as a nation on how to overcome challenges unexpectedly dumped on us. Central to this is, how do you manage your education system, and how do you treat the best and brightest students you have? You spot them early and then you nurture them. Singapore has empowered them to study at the best universities all over the world. When they come back at the age of 26 or 27, they must first work in the private sector for six years and only then can they progress to the civil service and parastatals. After an investment of about 12 years, you get the best-run civil service in the world.
One important ingredient for all nations, if they want to excel, is to make sure that their various institutions function well. We have seen a failure of major institutions in the performance of their functions at the Marikana tragedy. The Reserve Bank also warned today that labour unrest in the mining sector might cause a further slump in economic growth. So, what can we do? Laws and institutions cannot be used to entrench the interests of the few, so what we must do is ensure that we run institutions properly, look after our professional and young people and then they will look after the jobless and the poor.
Dr M G ORIANI-AMBROSINI: Chairman, what can we do? As I was listening to the hon Hajaig’s presentation about the many trade agreements, the image of a castle of cards came to mind, a castle of cards that is going to be blown away by worldwide, ever-increasing, seemingly unstoppable financial crises, which, as the hon Koornhof was pointing out, are affecting us and will affect us in an ever-increasing manner.
I don’t know how it will all play out, but I do have a sense of the type of world that will emerge. It will be a world with poor countries and rich countries. President Obama told us a few days ago of his formula to keep America rich. He spoke about a knowledge-based society - a society that makes a living out of its capability to produce ever-increasing innovation, new ideas, new products and new technologies.
Where do we stand? The hon Hajaig spoke about trade with respect to food products and commodities. Africa is constantly being relegated to being the commodity source for the world. That is not where we want to be. We must rise to the challenge of becoming a knowledge-based society, but for that we need ideas. We need leadership, of which, unfortunately, not enough is being provided in this House, and it will surely not come from this debate.
Our relationship with the European Union ...
The CHIEF WHIP OF THE MAJORITY PARTY: Hon House Chairperson, on a point of order: This House has officials, presiding officers and Whips of parties. Now, when the hon member says “leadership is not being provided”, who is he talking about? By whom? Otherwise we’ll be misleading the public. [Interjections.] By whom?
The CHIEF WHIP OF THE OPPOSITION: Hon Chair, that’s not a point of order! [Interjections.]
Dr M G ORIANI-AMBROSINI: He’s just using time for a point of disorder and it’s taken up several of my seconds, which I want back!
[Interjections.]
The HOUSE CHAIRPERSON (Mr M B Skosana): Order! Continue, hon member.
Dr M G ORIANI-AMBROSINI: Well, it will not come from your leadership and the type of intervention you make. This is a serious debate and this is how we treat this debate! We are at the crossroads and we need to have more than the two minutes allocated to me, more than an empty House and more than this graveyard session to really decide in which direction we are going to move, because I’m telling you, commodities and food will not create a knowledge-based society! [Time expired.] [Applause.]
Mr S Z NTAPANE: Hon Chairperson and hon members, the financial meltdown in Europe poses a serious threat to South Africa’s economic growth. The threat emanates from the fact that we export a good chunk of our manufactured goods to Europe. South Africa’s economic growth will suffer severely if the Eurozone crisis is allowed to sink to levels similar to those of the crisis of 2008.
For instance, as hon Koornhof has said before me, after the financial crisis of 2008 South African exports to the European Union dropped by 35%, from €16,3 billion in 2008 to €10,4 billion in 2009. This badly affected our economic growth. Economic growth for that period fell from 5,1% in the first quarter of 2008 to -2,7% in the third quarter of 2009. Obviously, this led to massive job losses in all sectors of our economy.
But there is hope. Our trade patterns have changed considerably over the years. Chapter 2 of the 2012 Budget Review confirms this trend as follows:
A rising share of the exports to China (from an average of 4,2% between 2005 and 2008 to 13% in 2011) and to the SADC region has been accompanied by a decline in exports to the European Union, from 33% in 2005 to 21,6% in 2011.
At the present moment the European Union is no longer South Africa’s largest trading partner. China overtook that region after the 2008 financial downturn. The change in trade patterns presents an opportunity to South African companies to export their products to African countries. [Time expired.]
Ms R M MASHIGO: Chairperson and hon members, like other developing countries, South Africa receives official development assistance and as a result the European financial crisis has affected us and the rest of Africa.
Although Africa is endowed with natural resources, it is known for its poverty, diseases and the many other negative things, such as a lack of infrastructure, which destroyed it in many different ways.
The EU committed to provide about 0,7% of its collective gross national income, but it has decreased in the past two years because of the Eurozone crisis. The impact is felt in Africa because EU member states are the biggest donors. This crisis affected developing and least developed countries, which are heavily dependent on the EU as an important source of foreign aid. According to our data, the EU increased official development assistance to Africa by only €5,04 billion, which was far short of its target of €15,58 billion.
The impact on South Africa is that the exposure of the South African financial sector to the Eurozone crisis currently continues to be limited, but we are not sure of the extent to which it will affect us going forward.
Official development assistance has conditions. Jeffrey Sachs states, “The poor know what to do, but they are too poor to do it.” They need aid that will relieve them from poverty and economic dependence to economic development effectiveness. The official development assistance comes with conditions, also from the EU. This is a donor-recipient approach, with the imposition of priorities by donor countries. The agreements are entered into through desperation by developing countries. This leads to their accepting conditions that would be impossible to meet and lead to further suffering.
There are commitments to be honoured, but there is evidence that Africa has honoured commitments that were not honoured by the EU. The power differentials between the donor and the aid-receiving countries in turn influence development because the powerful make and implement the rules.
We can take this opportunity to look at the potential we have and what we can do in the interest of our country and the continent so that we link ourselves as a continent and a region.
South Africa has good policies that need to be implemented for economic transformation of the country and for regional investment. This will establish Africa with a common agenda, ensuring unity and sustainability, and avoid fragmentation.
We have the New Growth Path, that takes global factors and their local impact into account. South Africa can achieve more by developing cohesiveness and an equitable economy. Through this it takes into account the availability of resources by aligning public allocations with different departments.
We also have the National Development Plan that has systems to respond to the needs of our people. The diagnostic report has identified the main nine challenges that will enable us to write a different story for Africa.
As a continent, we should strengthen our mechanisms that can reduce the levels of dependency on official development assistance by some countries. A knowledge base is available through innovation, the exchange of ideas and the available experience. Science and technology need to be expanded and to address the abundance of resources we have through research and development.
Capacity-building can be addressed through the official development assistance that is still available, as capable leadership is needed with regard to indigenous knowledge. This will also address official development assistance commitments on the continent by the countries on the continent. They know their priorities and needs better than people imported from abroad who give us this aid to address our needs. We know our developmental agenda, hon members.
The peer review mechanism is one of the tools that can assist the different countries to do self-assessment and will also improve the integrity and transform the management and administration of the different African countries.
The HOUSE CHAIRPERSON (Mr M B Skosana): Hon member, your time has expired.
Ms R M MASHIGO: Africa has several forums, one of which is a common aid policy at a global level based on our needs. [Interjections.] [Applause.]
Mr S N SWART: House Chairperson, the ACDP shares the concerns about the continuing risks posed by the banking and sovereign debt crisis in the European Union and the extent to which that will impact on economic growth in South Africa. Many of our problems in South Africa are related to inequality, unemployment and a lack of economic growth. So, we do see the impact that this has.
The Reserve Bank, for example, in its Monetary Policy Committee meeting on 19 July 2012, warned that the outlook for the global economy has worsened, with mounting evidence of a broad-based global slowdown. It went on to say that the lack of meaningful progress towards a resolution of the Eurozone crisis continues to be a source of global instability and risk, despite initiatives to stabilise the banking sector.
Lower exports of South African merchandise to the Eurozone have and continue to have a direct effect on the country, with the Industrial Development Corporation estimating that if domestic growth contracts by R5,9 billion, 118 700 jobs will be lost. That is on the assumption that exports sales to the Euro area will be 5% lower than in 2011. That is clearly a matter of grave concern.
Tomorrow, interestingly enough, Germany’s constitutional court will rule on the legality of the Eurozone’s permanent financial rescue fund. It is expected to follow and allow the European Stability Mechanism, but with very strict fiscal discipline and tough conditions for new bailouts.
The fact remains that the Eurozone financial meltdown has a significant impact, and we will probably only know the exact impact next month, with the Medium-Term Budget Policy Statement. However, to conclude, perhaps the most insightful comment came from the Reuters news agency, which said:
As Europe considers a leap towards close integration to try to save the Euro single currency, it resembles the biblical Tower of Babel - unable to complete an ambitious project because the residents don’t speak the same political and economic language.
It is not insignificant that the European parliament in Strasbourg is designed on the very Tower of Babel. It makes you think, doesn’t it?
Mr K B MANAMELA: Hon House Chairperson, today, as part of this debate, we are remembering and commemorating the victims of the US Twin Towers, or 9/11 attacks. Tomorrow we are also commemorating the 35th anniversary of the assassination of Steve Bantu Biko and the 10th anniversary of the death of Siphiwe Zuma, a friend, comrade and former President of SA Student Congress, who died on 11 September 2002.
The global economic crisis hit financial markets in Wall Street in late 2007 into 2008. Due to the interconnectedness of the global economy and its financialisation, the European Union and the entire world suffered knocks to their economies, leading to a contraction, the introduction of austerity measures, a decline in demand as household incomes fell, thus affecting exports from developing countries such as ours, and a decline in foreign direct investment.
This has subsequently led to one economy after another in the Eurozone falling or getting deeper into crisis, with debt levels of countries such as Portugal, Ireland, Italy, Greece and Spain rising to more than 60% of their GDP. Many of the EU countries depended on several bailouts from stronger EU economies, such as Germany and France, to meet their debt commitments and repay some of the government bonds that were sold in order to raise money when the recession first hit in 2007 and 2008.
Countries such as Greece began to ask important questions about their financial sovereignty in relation to their commitment to the EU. As a massive number of jobs were lost, holders of mortgage bonds defaulted and had their houses and cars, financed through the banks, repossessed. They experienced massive defaults on their credit cards with the banks. The European Union Central Bank encouraged those in crisis to introduce austerity measures in order to restore credibility.
The same applied to our own economy, where we have seen more than R50 billion in credit. Despite reassurances from the Reserve Bank and the Minister of Finance that this debt of R50 billion will not put a major dent in our economy, we should also be concerned.
This has also had a severe impact on many of the Sub-Saharan economies due to their dependence on FDI, their dependency on export of raw materials to the EU zone, and the major costs that the financial market bust had on basic foodstuffs, that found their way into our economies.
According to the United Nations’ Economic Commission for Africa’s economic report on Africa, released in March 2012 at the meeting of Finance Ministers in Ethiopia:
Africa may experience a decline in FDI from both the EU and other parts of the world in the short term because of the sovereign debt crisis and resultant slowdown in global growth.
The report further says:
Trade is expected to be the most prominent channel of the debt crisis’ impact on Africa. In 2010, Africa’s merchandise exports to the EU represented 10,3% of its GDP and 36,2% of its total exports.
Of our country, the United Nations Economic Commission for Africa report declares that South Africa, whose greater integration with the global markets makes it more vulnerable to external shocks, recovered rather slowly, growing by only 3,1% in 2011, up from 2,8% in 2010. Export levels in 2010 and 2011 declined from a huge 7% to the present 1,4% on the entire continent, while South Africa’s exports to the EU, one of the largest, declined from 36% to 26%.
Our Minister - the leadership that hon Oriani-Ambrosini was talking about as being absent, but which we can feel at all times - is quoted in Business Live as saying:
... the EU crisis affected trade and the stability of the financial sector, currencies and capital markets of emerging-market economies. The effect on capital flows was a real area of concern and at this stage no global institution has come with an adequate answer on how the impact on volatile currencies and capital flows can be better managed.
We think that this illustrates the fact that if not for the stern leadership that has been shown by our government, we would not have survived this particular crisis. Of course, the effects have resulted in more than 1 million jobs being lost, which has had an effect on aggregate demand and productivity levels in our country. I must emphasise that the very same 1 million jobs that were lost were lost in the period when the crisis initially hit in 2007 and 2008.
In fact, even in the presence of this crisis, the leadership that was elected in 2009, with the ANC at the helm, received more than 60% of the electorate’s support because of that leadership. This is in clear opposition to all the other political parties’ claiming there is no leadership, yet they received less support, especially the party that hon Oriani-Ambrosini belongs to. [Interjections.]
Over and above this, our economy has been failing to produce the hugely needed jobs because the crisis had already created stagnant economic growth and job creation had therefore been affected.
In this year’s state of the nation address, President Jacob Zuma announced measures that government would put in place to create the more than 5 million jobs needed through infrastructure development, which would lead to massive economic growth rates and further insulate our country from the crisis in the EU.
It is important, hon members, that we use the Africa, Caribbean and Pacific States - European Union, ACP-EU, as a platform to lobby European leaders to act urgently in dealing with the crisis.
The reason we must use that platform to deal with the crisis is precisely that it was not caused by the failure of leadership on the African continent or in South Africa, but by the failure of leadership in the European Union, where the economy became mainly a casino economy; where money was used to make money, as the capitalist economy dictates, instead of being used for production purposes. Alternatively, trade was prioritised over and above everything else, even production. Also, making money out of finance was prioritised. That’s the kind of crisis that we are faced with; that we need to deal with; that has had consequences all over the world, but in Africa in particular. That is why our African economies have been affected by the low demand in the European Union for export goods from Africa. It is because of their dependence on official development aid, as some of my colleagues have indicated; their dependence on budgetary support; and their dependence on foreign direct investment, which is declining fast.
What this means is that the various packages, which have been introduced by government not only as a response to the crisis, but also as a means to stimulate our economy in order to create more jobs, need our collective support. They do not need us to be scoring political points, but they need the leadership of this Parliament and of this government to ensure that we realise job creation for all. [Applause.]
Debate concluded.
The House adjourned at 19:08.
__________
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
THURSDAY, 30 AUGUST 2012
TABLINGS
National Assembly and National Council of Provinces
1. The Speaker and the Chairperson
(a) Report and Financial Statements of the Parliament of the Republic of South Africa for 2011‑12, including the Report of the Auditor-General on the Financial Statements and Performance Information, tabled in terms of section 60 of the Financial Management of Parliament Act, 2009 (Act No 10 of 2009).
2 The Minister of Public Enterprises
(a) Report and Financial Statements of the Broadband Infraco (Pty) Limited for 2011-2012, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2011-2012.
COMMITTEE REPORTS
National Assembly
1. REPORT OF THE PORTFOLIO COMMITTEE ON SOCIAL DEVELOPMENT ON THE APPOINTMENT OF CANDIDATES TO SERVE ON THE CENTRAL DRUG AUTHORITY BOARD, DATED 29 AUGUST 2012
1. Introduction and Background
The Central Drug Authority (CDA) is a statutory body, established in terms of the Prevention and Treatment of Drug Dependency Act, Act No 20 of 1992 as amended. Its functions are to give effect to the National Drug Master Plan in accordance with the guidelines set out therein, advise the Minister on any matter affecting the abuse of drugs referred to the CDA by the Minister for advice and may advise the Minister on any matter on which the CDA considers it necessary and it may plan, co-ordinate and promote measures relating to the prevention and combating of the abuse of drugs and the treatment of persons dependent on drugs in accordance with the National Drug Master Plan. A member of the CDA shall be appointed for a period not exceeding five (5) years, and upon such conditions as the Minister may determine at the time of making the appointment: provided that the period of office of a member may at any time be terminated by the Minister.
In terms of Section 2 (3) of the Act the parliamentary committees for Social Development within the National Assembly and the National Council of Provinces are tasked to short-list, interview and submit recommendations to the Minister of Social Development for the purpose of appointing suitable candidates to serve on the CDA.
A request from the Minister of Social Development, Ms BO Dlamini, to fill twelve (12) vacancies at the Central Drug Authority was jointly referred to the Portfolio Committee on Social Development and the Select Committee on Social Services on 26 July 2012 (see ATC 26 July 2012).
Members of the sub-committee panel
A sub-committee was formed, constituting a representative panel of eight (8) members - four (4) members each from the Portfolio Committee on Social Development and the Select Committee on Social Services as follows:
Name of Member
Political Party
From the National Council of Provinces
Rasmeni, Ms. RN : North West [Co-Chairperson]
African National Congress
Makunyane, Mr TL: Limpopo
African National Congress
Faber, Mr WF: Northern Cape
Democratic Alliance
Plaatjie, Mr SH: North West
Congress of the People
From the National Assembly
Botha, Ms YR [Co-Chairperson]
African National Congress
Tshwete, Ms P
African National Congress
Waters, Mr M
Democratic Alliance
Gcume, Mr N
Congress of the People
Hon Magagula attended on behalf of Hon Tshwete during the interviews conducted on 21 August 2012.
2. Shortlisting and interviews
The Committee had received 64 CVs of applicants and after a thorough scrutiny of the CVs, the 24 candidates listed below were unanimously short listed by the sub-committee:
Number
Name of Candidates
1
Dr J Makhubele
2
Mr J Kruger
3
Mr R Ratshitanga
4
Mrs C Du Toit
5
Mrs O Mvubelo
6
Dr R Eberlein
7
Mr D Bayever
8
Rev R Sokona
9
Dr W Roestenburg
10
Dr L Silva
11
Mr C Mpyane
12
Ms B Mantame
13
Mr S Mkhize
14
Ms K Sephai
15
Ms S Ndlovu
16
Dr M Manyedi
17
Prof S V Nzimande
18
Ms A M Salter
19
Prof S T Rataemane
20
Mr C P Ucko
21
Prof D Stein
22
Mr E B Dawood
23
Mr M M Gama
24
Dr P van Zyl
The sub-committee scheduled interviews on 21, 22 and 23 August 2012. From the 24 candidates who were short listed, 23 candidates were interviewed. One candidate, Ms B Mantame, withdrew due to a personal pre- engagement before being interviewed.
3. Recommendations
The Portfolio Committee on Social Development recommends that the House, in accordance with the Prevention and Treatment and Drug Dependency Amendment Act (Act, 20 of 1992), recommends to the Minister of Social Development that the following people serve on the Central Drug Authority Board:
Number
Name of Candidates
Gender
1
Mr C P Ucko
Male
2
Prof D Stein
Male
3
Ms A M Salter
Female
4
Mr M M Gama
Male
5
Dr R Eberlein
Male
6
Mr D Bayever
Male
7
Dr L Silva
Female
8
Mr C Mpyane
Male
9
Dr M Manyedi
Female
10
Mr J Kruger
Male
11
Mrs C Du Toit
Female
12
Ms S Ndlovu
Female
Report to be considered.
FRIDAY, 31 AUGUST 2012
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1. Draft Bill submitted in terms of Joint Rule 159
(1) Financial Services Laws General Amendment Bill, 2012, submitted by the Minister of Finance.
Referred to the Portfolio Committee on Finance and the Select Committee on Finance.
TABLINGS
National Assembly and National Council of Provinces
1. The Speaker and the Chairperson
(a) Report and Financial Statements of the Office of the Auditor-General of South Africa for 2011-12, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2011-12 [RP 253-2012].
2. The Minister of Tourism
(a) Report and Financial Statements of Vote 35 – Department of Tourism for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 35 for 2011-12 [RP 259-2012].
(b) Report and Financial Statements of South African Tourism (SAT) for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12.
3. The Minister of Water and Environmental Affairs
(a) Report and Financial Statements of Vote 30 – Department of Environmental Affairs for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 30 for 2011-12 [RP 205-2012].
(b) Report and Financial Statements of the South African National Biodiversity Institute for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12.
(c) Report and Financial Statements of the South African Weather Service for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 126-2012].
(d) Report and Financial Statements of the South African National Parks (SANParks ) for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 199-2012].
(e) Report and Financial Statements of the iSimangaliso Wetland Park Authority for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12.
COMMITTEE REPORTS
National Assembly
THE FOLLOWING REPORT REPLACES THE REPORT OF THE PORTFOLIO COMMITTEE ON SOCIAL DEVELOPMENT PUBLISHED IN ATC NO 108 -2012, PAGE 2803
1. REPORT OF THE PORTFOLIO COMMITTEE ON SOCIAL DEVELOPMENT ON THE APPOINTMENT OF CANDIDATES TO SERVE ON THE CENTRAL DRUG AUTHORITY BOARD, DATED 29 AUGUST 2012
1. Introduction and Background
The Central Drug Authority (CDA) is a statutory body, established in terms of the Prevention and Treatment of Drug Dependency Act, Act No 20 of 1992 as amended. Its functions are to give effect to the National Drug Master Plan in accordance with the guidelines set out therein, advise the Minister on any matter affecting the abuse of drugs referred to the CDA by the Minister for advice and may advise the Minister on any matter on which the CDA considers it necessary and it may plan, co-ordinate and promote measures relating to the prevention and combating of the abuse of drugs and the treatment of persons dependent on drugs in accordance with the National Drug Master Plan. A member of the CDA shall be appointed for a period not exceeding five (5) years, and upon such conditions as the Minister may determine at the time of making the appointment: provided that the period of office of a member may at any time be terminated by the Minister.
In terms of Section 2 (3) of the Act the parliamentary committees for Social Development within the National Assembly and the National Council of Provinces are tasked to short-list, interview and submit recommendations to the Minister of Social Development for the purpose of appointing suitable candidates to serve on the CDA.
A request from the Minister of Social Development, Ms BO Dlamini, to fill twelve (12) vacancies at the Central Drug Authority was jointly referred to the Portfolio Committee on Social Development and the Select Committee on Social Services on 26 July 2012 (see ATC 26 July 2012).
Members of the sub-committee panel
A sub-committee was formed, constituting a representative panel of eight (8) members - four (4) members each from the Portfolio Committee on Social Development and the Select Committee on Social Services as follows:
Name of Member
Political Party
From the National Council of Provinces
Rasmeni, Ms. RN : North West [Co-Chairperson]
African National Congress
Makunyane, Mr TL: Limpopo
African National Congress
Faber, Mr WF: Northern Cape
Democratic Alliance
Plaatjie, Mr SH: North West
Congress of the People
From the National Assembly
Botha, Ms YR [Co-Chairperson]
African National Congress
Tshwete, Ms P
African National Congress
Waters, Mr M
Democratic Alliance
Gcume, Mr N
Congress of the People
Hon Magagula attended on behalf of Hon Tshwete during the interviews conducted on 21 August 2012.
2. Shortlisting and interviews
The Committee had received 61 CVs of applicants and after a thorough scrutiny of the CVs, the 24 candidates listed below were unanimously short listed by the sub-committee:
Number
Name of Candidates
1
Dr J Makhubele
2
Mr J Kruger
3
Mr R Ratshitanga
4
Mrs C Du Toit
5
Mrs O Mvubelo
6
Dr R Eberlein
7
Mr D Bayever
8
Rev R Sokona
9
Dr W Roestenburg
10
Dr L Silva
11
Mr C Mpyane
12
Ms B Mantame
13
Mr S Mkhize
14
Ms K Sephai
15
Ms S Ndlovu
16
Dr M Manyedi
17
Prof S V Nzimande
18
Ms A M Salter
19
Prof S T Rataemane
20
Mr C P Ucko
21
Prof D Stein
22
Mr E B Dawood
23
Mr M M Gama
24
Dr P van Zyl
The sub-committee scheduled interviews on 21, 22 and 23 August 2012. From the 24 candidates who were short listed, 23 candidates were interviewed. One candidate, Ms B Mantame, withdrew due to a personal pre- engagement before being interviewed.
3. Recommendations
The Portfolio Committee on Social Development recommends that the House, in accordance with the Prevention and Treatment and Drug Dependency Amendment Act (Act, 20 of 1992), recommends to the Minister of Social Development that the following people serve on the Central Drug Authority Board:
Number
Name of Candidates
Gender
1
Mr C P Ucko
Male
2
Prof D Stein
Male
3
Ms A M Salter
Female
4
Mr M M Gama
Male
5
Dr R Eberlein
Male
6
Mr D Bayever
Male
7
Dr L Silva
Female
8
Mr C Mpyane
Male
9
Dr M Manyedi
Female
10
Mr J Kruger
Male
11
Mrs C Du Toit
Female
12
Ms S Ndlovu
Female
Report to be considered.
2. First Report of the Ad Hoc Committee on Code of Judicial Conduct and Regulations on Judges’ Disclosure of Registrable Interests, dated 29 August 2012.
The Ad Hoc Committee on the Code of Judicial Conduct and Regulations on Judges’ Disclosure of Registrable Interests, having considered the Code of Judicial Conduct, reports the Code with amendments as follows, and recommends that the National Assembly approve the Code in terms of section 12(3)(b) of the Judicial Service Commission Act 9 of 1994.
CODE OF JUDICIAL CONDUCT
TABLED IN TERMS OF SECTION 12 OF THE JUDICIAL SERVICE COMMISSION ACT, 1994 (Act No 9 OF 1994)
PREAMBLE
Whereas?
1) the supremacy of the Constitution, the rule of law, and the rights and freedoms enshrined in the Bill of Rights are the foundation of the democracy established by the Constitution;
2) section 165(1) of the Constitution provides that the judicial authority of the Republic vests in the courts;
3) section 165(2) of the Constitution provides that the courts are independent and subject only to the Constitution and the law, which they must apply without fear, favour or prejudice;
4) section 174(8) of the Constitution provides that before judicial officers begin to perform their functions, they must take an oath, or affirm, in accordance with paragraph 6(1) of Schedule 2, that they “will uphold and protect the Constitution and the human rights entrenched in it, and will administer justice to all persons alike without fear, favour or prejudice, in accordance with the Constitution and the law.”;
5) section 180(b) of the Constitution provides that national legislation may provide for any matter concerning the administration of justice that is not dealt with in the Constitution, including procedures for dealing with complaints about judicial officers;
6) the Judicial Service Commission Act, 1994 (Act No 9 of 1994) (hereinafter referred to as the Act), seeks to maintain and promote the independence of the office of judge and judiciary as a whole, while at the same time acknowledging that it is necessary to create an appropriate and effective balance between protecting the independence and dignity of the judiciary when considering complaints about, and the possible removal from office of, judges as defined in section 7(1)(g) of the Act, and the overriding principles of openness, transparency and accountability that permeate the Constitution and that are equally applicable to judicial institutions and officers;
7) it is necessary for public acceptance of its authority and integrity in order to fulfil its constitutional obligations that the judiciary should conform to ethical standards that are internationally generally accepted, more particularly as set out in the Bangalore Principles of Judicial Conduct (2001) as revised at the Hague (2002);
8) Part II of Chapter 2 of the Act provides the legal framework for judicial conduct which judicial officers in South Africa must adhere to, and Part III and IV of Chapter 2 of the Act, particularly sections 14, 15, 16, 17, 18, 19 and 20 specify mechanisms, structures and procedures to be applied if a judge acts in a manner unbecoming a judge in respect of any of the five grounds spelt out in section 14(4) of the Act;
9) section 12 of the Act provides that the Chief Justice, acting in consultation with the Minister, must compile and maintain a Code of Judicial Conduct, which must be tabled by the Minister in Parliament for approval; and
10) section 12(5), read with section 14(4)(b) of the Act, specifically provides that the Code of Judicial Conduct shall serve as the prevailing standard judicial conduct, which judges must adhere to and that any wilful or grossly negligent breach of the Code may amount to misconduct which will lead to disciplinary action in terms of section 14 of the Act;
PARLIAMENT of the Republic of South Africa therefore approves the Code of Judicial Conduct for Judges as follows:-
Article 1: Definitions
In this Code, unless the context otherwise indicates—
(a) “the Act” means the Judicial Service Commission Act, 1994 (Act No. 9 of 1994); and
(b) any word or expression to which a meaning has been assigned in the Act shall bear the meaning so assigned to it.
Article 2: Application
(1) This Code applies to every judge referred to in section 7(1)(g) of the Act who is performing active service and, unless the context indicates otherwise, also to—
(a) a judge released from active service and who is liable to be called upon to perform judicial duties; and
(b) an acting judge.
(2) A Judge not on active service is bound by this Code insofar as applicable.
(3) Any wilful or grossly negligent breach of this Code is a ground upon which a complaint against a judge may be lodged in terms of section 14(4)(b) of the Act.
(4) Complaints must be dealt with in accordance with section 14, read with sections 15, 16, or 17 of the Act.
Article 3: Objects and Interpretation
(1) The object of this Code is to assist every judge in dealing with ethical and professional issues, and to inform the public about the judicial ethos of the Republic.
(2) This Code must—
(a) be applied consistently with the Constitution and the law as embodied in the common law, statute, and precedent, having due regard to the relevant circumstances;
(b) not be interpreted as impinging on the constitutionally guaranteed independence of the judiciary or any judge or on the separation of powers;
(c) not be interpreted as absolute, precise, or exhaustive. Conduct may therefore be unethical which, on a strict reading of this Code, may appear to be permitted and the converse also applies.
(3) Although international standards and those applied in comparable foreign jurisdictions may not be directly applicable, they do provide a useful source of reference for interpreting, understanding and applying this Code.
(4) Notes to Articles of this Code are for the purpose of elucidation, explanation and guidance with respect to the purpose and meaning of the Articles.
Article 4: Judicial Independence
A judge must—
(a) uphold the independence and integrity of the judiciary and the authority of the courts;
(b) maintain an independence of mind in the performance of judicial duties;
(c) take all reasonable steps to ensure that no person or organ of state interferes with the functioning of the courts; and
(d) not ask for nor accept any special favour or dispensation from the executive or any interest group.
Notes:
Note 4(i): A judge acts fearlessly and according to his or her conscience because a judge is only accountable to the law.
Note 4(ii): Judges do not pay any heed to political parties or pressure groups and perform all professional duties free from outside influence.
Note 4(iii): Judges do not appear at public hearings or otherwise consult with an executive or legislative body or official except on matters concerning the law, the legal system or the administration of justice.
Note 4(iv): Judicial independence is not a private right or a principle for the benefit of judges as individuals. It denotes freedom of conscience for judges and non-interference in the performance of their decision-making. It does not justify judicial misbehaviour and does not provide an excuse for failing to perform judicial functions with due diligence or for otherwise acting contrary to this Code.
Note 4(v): Organs of state are constitutionally mandated to assist and protect the courts to ensure their independence, impartiality, dignity, accessibility, and effectiveness. The correlative is the right of every judge not to have his or her independence of mind disturbed by any person or organ of state.
Article 5: To act honourably
(1) A judge must always, and not only in the discharge of official duties, act honourably and in a manner befitting judicial office.
(2) All activities of a judge must be compatible with the status of judicial office.
Notes:
Note 5(i): A judge behaves in his or her professional and private life in a manner that enhances public trust in, or respect for, the judiciary and the judicial system.
Note 5(ii): A judge avoids impropriety and the appearance of impropriety in all the judge’s activities.
Note 5(iii): A judge does not engage in conduct that is prejudicial to the effective and expeditious administration of the business of the court.
Note 5(iv): Judicial conduct is to be assessed objectively through the eyes of the reasonable person.
Article 6: Compliance with the law
A judge must at all times, also in relation to extra-judicial conduct, comply with the law of the land.
Article 7: Equality
A judge must at all times—
(a) personally avoid and dissociate him- or herself from comments or conduct by persons subject to his or her control that are racist, sexist or otherwise manifest discrimination in violation of the equality guaranteed by the Constitution;
(b) in court and in chambers act courteously and respect the dignity of others;
(c) in conducting judicial proceedings, give special attention to the right to equality before the law and the right of equal protection and benefit of the law; and
(d) in the performance of judicial duties refrain from being biased or prejudiced.
Notes:
Note 7(i): These provisions are aimed at promoting courtesy and ensuring a degree of decorum.
Note 7(ii): Judges strive to be aware of and understand the many differences between persons and to remain informed about changing social attitudes and values.
Note 7(iii): The multi-cultural nature of South African society calls for special sensitivity for the perceptions and sensibilities of all who are affected by court proceedings.
Article 8: Transparency
A judge must—
(a) take reasonable steps to enhance the accessibility of the courts and to improve public understanding of judicial proceedings; and
(b) unless special circumstances require otherwise—
(i) onduct judicial proceedings; and
(ii) make known his or her decisions and supporting reasoning,
in open court.
Notes:
Note 8(i): The legitimacy of the judiciary depends on the public understanding of and confidence in the judicial process.
Note 8(ii): The function of the judiciary fails if its proceedings are not understood.
Note 8(iii): Judges are conscious of the desirability of complying with the spirit of the requirement that proceedings should take place in open court.
Note 8(iv): A judge avoids unnecessary discussion in chambers (i.e. with the legal representatives in the absence of the parties) of matters that may be relevant to the merits of the case.
Note 8(v): If what has happened in chambers has any effect on the proceedings, those facts are to be placed on record in open court.
Article 9: Fair trial
A judge must—
(a) resolve disputes by making findings of fact and applying the appropriate law in a fair hearing, which includes the duty to—
(i) observe the letter and spirit of the audi alteram partem rule;
(ii) remain manifestly impartial; and
(iii) give adequate reasons for any decision;
(b) in conducting judicial proceedings—
(i) maintain order;
(ii) act in accordance with commonly accepted decorum; and
(iii) remain patient and courteous to legal practitioners, parties and the public, and require them to act likewise;
(c) manage legal proceedings in such a way as to—
(i) expedite their conclusion as cost-effectively as possible; and
(ii) not shift the responsibility to hear and decide a matter to another judge;
(d) not exert undue influence in order to promote a settlement or obtain a concession from any party.
Notes:
Note 9(i): The duty to grant a party a fair hearing does not preclude a judge from keeping a firm hand on proceedings. In general?
(a) reasonable time limits may be laid down for argument, which may also be cut short when the judge is satisfied that further argument would not be of material assistance;
(b) the examination and cross-examination of witnesses should be curtailed if it exceeds reasonable bounds; and
(c) applications for postponement and the like must be scrutinised for real merit and must be dealt with firmly and fairly.
Note 9(ii): Reasons for decisions must be clear, cogent, complete and succinct. A number of decisions do not necessarily require reasons, e.g. unopposed cases and interlocutory rulings, because the reasons are usually self evident. If reasons in such cases are later reasonably required, they must be given within a reasonable time.
Note 9(iii): Judgments may be written in a style and manner the judge thinks best.
Note 9(iv): A judge may have occasion to express critical views about people during the course of argument or in judgments, e.g. by using unflattering adjectives in regard to a recalcitrant or overzealous party, an uncooperative lawyer, a foot-dragging witness and the like. However, harsh language should be avoided if possible and a judge may not, under the guise of performing judicial functions, make defamatory or derogatory statements actuated by personal spite, ill will, or improper, unlawful or ulterior motive.
Note 9(v): Since judges are fallible and can err in relation to fact or law, such errors are to be dealt with through the normal appeal and review procedures. Such errors, even if made by courts of final instance, cannot give rise to valid complaints. Complaints against judges that are related to the merits of a decision or procedural ruling are to be dismissed at the outset. Disenchantment about a judicial decision does not justify disciplinary proceedings. Section 15(2)(c) of the Act specifically provides that a complaint against a judge must be dismissed if it is solely related to the merits of a judgment or order.
Note 9(vi): A judge may in appropriate instances advise parties to consider settlement of a case; or put a provisional view in the course of argument. Justice may, however, require that a party be afforded the opportunity to deal with such view.
Article 10: Diligence
(1) A judge must?
(a) perform all assigned judicial duties diligently;
(b) investigate the matter at hand thoroughly;
(c) dispose of the business of the court promptly and in an efficient and businesslike manner;
(d) give judgment or any ruling in a case promptly and without undue delay;
(e) not engage in conduct that is prejudicial to the effective and expeditious administration of justice or the business of the court;
(f) attend chambers during normal office hours and attend court during normal court hours, unless such attendance is not reasonably required in order to perform any official duties;
(g) perform all official duties properly, timeously, and in an orderly manner;
(h) respect and comply with, the administrative requests of the head of court or the relevant senior judge;
(i) take reasonable steps to maintain the necessary level of professional competence in the law; and
(j) upon resignation, discharge from active service, or the expiry of an acting appointment, complete all part-heard cases and deliver all reserved judgments as soon as possible.
(2) A judge must deliver all reserved judgments before the end of the term in which the hearing of a matter was completed, but may?
(a) in respect of a matter that was heard within two weeks of the end of that term; or
(b) where a reserved judgment is of a complex nature or for any other cogent and sound reason and with the consent of the head of the court, deliver that reserved judgment during the course of the next term.
Notes:
Note 10(i): Unnecessary postponements, point-taking, undue formality and the like must be avoided.
Note 10(ii): Litigants are entitled to judgment as soon as reasonably possible.
Note 10(iii): Criminal proceedings, especially automatic reviews, applications for leave to appeal, and matters where personal liberty is involved, must be dealt with expeditiously.
Note 10(iv): A judge keeps a record of all outstanding judgments and reports to the head of the particular court thereon if and when requested.
Note 10(v): A pattern of intemperate or intimidating treatment of lawyers and others, or of conduct evidencing arbitrariness and abusiveness is prejudicial to the effective administration of justice and should be avoided.
Article 11: Restraint
(1) A judge must?
(a) save in the discharge of judicial office, not comment publicly on the merits of any case pending before, or determined by, that judge or any other court;
(b) not enter into a public debate about a case irrespective of criticism levelled against the judge, the judgment, or any other aspect of the case;
(c) refrain from any action which may be construed as designed to stifle legitimate criticism of that or any other judge;
(d) not disclose or use non-public information acquired in a judicial capacity for any purpose unrelated to his or her judicial duties;
(e) avoid any personality issues with colleagues, lawyers and parties, and seeks to foster collegiality; and
(f) unless it is germane to judicial proceedings before the judge concerned, or to scholarly presentation that is made for the purpose of advancing the study of law, refrain from public criticism of another judge or branch of the judiciary.
(2) A judge may participate in public debate on matters pertaining to legal subjects, the judiciary, or the administration of justice, but does not express views in a manner which may undermine the standing and integrity of the judiciary.
(3) Formal deliberations as well as private consultations and debates among judges are and must remain confidential.
Notes:
Note 11(i): If it is necessary to comment on a judgment, the head of court must deal with the matter in order to protect the judiciary as a whole. If the head of court does not deal with the matter, the judge concerned may, under special circumstances, issue a statement in a reasoned and dignified manner, preferably in open court or through the registrar, to clarify the issue. These provisions do not prohibit academic debate of the legal issues that arose in a case.
Note 11(ii): Private consultations and debates between judges are necessary for the judiciary to perform its functions. However, these occasions may not be used to influence a judge as to how a particular case should be decided.
Note 11(iii): Personal criticism must be avoided unless it is necessary during the course of appeal proceedings.
Note 11(iv): Courtesy and collegiality towards colleagues are indispensable attributes of a judge.
Article 12: Association
(1) A judge must not?
(a) belong to any political party or secret organization;
(b) unless it is necessary for the discharge of judicial office, become involved in any political controversy or activity;
(c) take part in any activities that practice discrimination inconsistent with the Constitution; and
(d) use or lend the prestige of the judicial office to advance the private interests of the judge or others.
(2) A judge must, upon permanent appointment, immediately sever all professional links and recover speedily all fees and other amounts outstanding and organise his or her personal business affairs to minimise the potential for conflicts of interest.
(3) A judge previously in private practice must not sit in any case in which he or she, or his or her former firm, is or was involved before the judge’s appointment, and a judge must not sit in any case in which the former firm is involved until all indebtedness between the judge and the firm has been settled.
(4) An acting judge who is a practising attorney does not sit in any case in which the acting judge’s firm is or was involved as attorney of record or in any other capacity.
Notes:
Note 12(i): Social associations, including association with members of the legal profession, should be such as not to create the impression of favouritism or to enable the other party to abuse the relationship.
Note 12(ii): A judge does not ask for or receive any special favour or dispensation from potential litigants or members of the legal professions nor does a judge use the office for the attainment of personal benefit.
Article 13: Recusal
A judge must recuse him- or herself from a case if there is a?
(a) real or reasonably perceived conflict of interest; or
(b) reasonable suspicion of bias based upon objective facts;
and shall not recuse him- or herself on insubstantial grounds.
Notes:
Note 13(i): Recusal is a matter regulated by the constitutional fair trial requirement, the common law and case law.
Note 13(ii): A judge hears and decides cases allocated to him or her, unless disqualified there from. Sensitivity, distaste for the litigation or annoyance at the suggestion to recuse him- or herself are not grounds for recusal.
Note 13(iii): A judge’s ruling on an application for recusal and the reasons for the ruling must be stated in open court. A judge must, unless there are exceptional circumstances, gives reasons for the decision.
Note 13(iv): If a judge is of the view that there are no grounds for recusal but believes that there are facts which, if known to a party, might result in an application for recusal, such facts must be made known timeously to the parties, either by informing counsel in chambers or in open court, and the parties are to be given adequate time to consider the matter.
Note 13(v): Whether a judge ought to recuse him- or herself is a matter to be decided by the judge concerned and a judge ought not to defer to the opinion of the parties or their legal representatives.
Article 14: Extra-judicial activities of judges on active service
(1) A judge’s judicial duties take precedence over all other duties and activities, statutory or otherwise.
(2) A judge may be involved in extra-judicial activities, including those embodied in their rights as citizens, if such activities?
(a) are not incompatible with the confidence in, or the impartiality or the independence of the judge; or
(b) do not affect or are not perceived to affect the judge’s availability to deal attentively and within a reasonable time with his or her judicial obligations.
(3) A judge must not?
(a) accept any appointment that is inconsistent with or which is likely to be seen to be inconsistent with an independent judiciary, or that could undermine the separation of powers or the status of the judiciary;
(b) act as an advocate, attorney, or legal adviser but may give informal legal advice to family members, friends, charitable organisations and the like without compensation;
(c) become involved in any undertaking, business, fundraising or other activity that affects the status, independence or impartiality of the judge or is incompatible with the judicial office;
(d) engage in financial and business dealings that may reasonably be perceived to exploit the judge’s judicial position or are incompatible with the judicial office;
(e) sit as a private arbitrator.
(4) A judge may?
(a) act as a trustee of a family or public benefit trust but is not entitled to receive any remuneration for such services;
(b) be a director of a private family company or member of a close corporation but if the company or close corporation conducts business the judge many not perform an executive function; and
(c) be a director of a non-profit company.
Notes:
Note 14(i): A judge conducts extra-judicial activities in a manner which minimises the risk of conflict with judicial obligations. These activities may not impinge on the judge’s availability to perform any judicial obligations.
Note 14(ii): While judges should be available to use their judicial skill and impartiality to further the public interest, they must respect the separation of powers and the independence of the judiciary when considering a request to perform non-judicial functions for or on behalf of the State, or when performing such function.
Note 14(iii): Judges who are not on active service but are liable to be called upon to perform judicial duties must arrange their affairs so as to be reasonably available for such duties if called upon.
Note 14(iv): Business or financial dealings with members of the legal professions are to be avoided.
Note 14(v): Serving on university councils or governing bodies or boards of trustees of charitable institutions and the like is acceptable.
Article 15: Extra-judicial income
(1) In terms of section 11(1) of the Act, a judge performing active service may not receive in respect of any service any fees, emoluments, or other remuneration or allowances apart from his or her salary and any other amount which may be payable to him or her in his or her capacity as a judge, except insofar as the position with regard to royalties is regulated in the Act.
(2) A judge must not?
(a) receive any income or compensation that is incompatible with judicial office;
(b) directly or indirectly negotiate or accept remuneration, gifts, advantages or privileges which are incompatible with judicial office or which can reasonably be perceived as being intended to influence the judge in the performance of his or her judicial duties, or to serve as a reward for them; and
(c) accept, hold or perform any other office of profit, or receive in respect of any service any fees, emoluments or other remuneration apart from the salary and any allowances payable to the judge in a judicial capacity.
Notes:
Note 15(i): Section 11(1) provides that a judge may, with the written consent of the Minister acting in consultation with the Chief Justice, receive royalties for legal books written or edited by that judge.
Note 15(ii): Judges may deliver public lectures or papers on appropriate subjects or teach at academic institutions. Judges who had been discharged from active service may receive reasonable honoraria in respect thereof as well as subsistence and travel allowances or payments by way of reimbursement for such expenditure.
Article 16: Reporting inappropriate conduct
(1) A judge with clear and reliable evidence of serious professional misconduct or gross incompetence on the part of a legal practitioner or public prosecutor [informs] must inform the relevant professional body or a Director of Public Prosecutions of such misconduct or professional incompetence.
(2) Before commenting adversely on the conduct of a particular practitioner or prosecutor in a judgment, the judge must give that person the opportunity to deal with the allegation.
(3) A judge who reasonably believes that a colleague has been acting in a manner which is unbecoming of judicial office must raise the matter with that colleague or with the head of the court concerned.
Notes:
Note 16(i): The judge must usually await the conclusion of the proceedings before informing the relevant professional body or a Director of Public Prosecutions of such misconduct or professional incompetence.
Note 16(ii): The reference to the appropriate authority is to be made in a neutral fashion and may not be judgmental.
Article 17: Judges discharged from active service
(1) In terms of section 11(2) of the Act, a judge who has been discharged from active service may only with the written consent of the Minister, acting after consultation with the Chief Justice, hold or perform any other office of profit or receive in respect of any service any fees, emoluments or other remuneration or allowances apart from his or her salary and any other amount which may be payable to him or her in his or her capacity as judge.
(2) A judge who is no longer on active service or liable to be called upon to perform judicial duties (herein referred to as a retired judge) shall always act honourably and in a manner befitting his or her status.
(3) All activities of a judge no longer on active service must be compatible with his or her status as a retired judge.
(4) A judge discharged from active service must not?
(a) accept any appointment that is likely to affect or be seen to affect the independence of the judiciary, or which could undermine the separation of powers or the status of the judiciary and must not receive any income incompatible with judicial office;
(b) act as an advocate, attorney or legal adviser;
(c) be involved in any undertaking, business, fundraising, or other activity that is incompatible with the status of a judge.
Notes:
Note 17(i): A retired judge may accept an appropriate appointment as a judge, whether as judge in another jurisdiction, or as an arbitrator or mediator, in professional or semi-professional disciplinary matters and the like.
Note 17(ii): A retired judge must not sit as a director of a public company.
Note 17(iii): A retired judge must not become a member of a professional partnership or body corporate.
Note 17(iv): A retired judge must not enter party politics.
Report to be considered.
MONDAY, 3 SEPTEMBER 2012
TABLINGS
National Assembly and National Council of Provinces
1. The Speaker and the Chairperson
(a) Report and Financial Statements of the Public Protector South Africa for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12.
2. The Minister for Cooperative Governance and Traditional Affairs
(a) Report and Financial Statements of Vote 3 – Department of Cooperative Governance and Traditional Affairs for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 3 for 2011-12 [RP 290-2012].
(b) Report and Financial Statements of the South African Local Government Association (SALGA) for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12[RP 99-2012].
(c) Report and Financial Statements of the Municipal Demarcation Board (MDB) for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12[RP 258-2012].
(d) Report of the National Disaster Management Centre for 2008-2009, tabled in terms of section 24 of the Disaster Management Act, 2002 (Act No 57 of 2002) [RP 132-2012].
(e) Report of the National Disaster Management Centre for 2009-2010, tabled in terms of section 24 of the Disaster Management Act, 2002 (Act No 57 of 2002) [RP 133-2012].
(f) Report of the National Disaster Management Centre for 2010-2011, tabled in terms of section 24 of the Disaster Management Act, 2002 (Act No 57 of 2002) [RP 134-2012].
3. The Minister of Science and Technology
(a) Report and Financial Statements of the Technology Innovation Agency for 2011-12, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2011-12.
(b) Report and Financial Statements of the Technology Innovation Agency Group for 2011-12, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2011-12.
(c) Report and Financial Statements of the South African Council for Natural Scientific Professions (SACNASP) for 2011-12, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2011-12.
(d) Report and Financial Statements of the South African National Space Agency (SANSA) for 2011-12, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2011-12.
(e) Report and Financial Statements of the Africa Institute of South Africa for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12.
(f) Report and Financial Statements of the Academy of Science of South Africa for 2011-12, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2011-12.
(g) Report and Financial Statements of the National Research Foundation for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12.
(h) Report and Financial Statements of the Council for Scientific and Industrial Research (CSIR) for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 161-2012].
(i) Report and Financial Statements of the National Advisory Council on Innovation for 2011-12.
(j) Report and Financial Statements of the Human Sciences Research Council (HSRC) for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 224-2012].
COMMITTEE REPORTS
National Assembly and National Council of Provinces
1. Report of the Interim Joint Committee on Scrutiny of Delegated Legislation on the Housing Development Agency draft regulations, dated 22 August 2012.
The Interim Joint Committee on Scrutiny of Delegated Legislation, having considered the Housing Development Agency draft regulations, submitted for consultation with Parliament in terms of section 32 of the Housing Development Agency Act, 2008 (No 23 of 2008), reports as follows:
1. In terms of Section 32 of the Housing Development Agency Act, 2008 the Minister does not have the requisite powers to impose criminal penalties. It is therefore recommended that draft regulation 13 should be omitted.
2. Draft regulations 5(1) (a) and (b) to be amended. It is recommended that:
* the plural “members” be used as the provision currently appears to allow the adjournment of a meeting with one member’s consent.
* the form of the verb “directs” must be corrected to “direct”.
3. Draft regulation 6(2); which provides for the appointment of a member of the Board from amongst the members present to preside at the meeting in the absence of the Chairperson, Deputy Chairperson, or an appointee by the Minister; appears to contradict section 9(3) of the Act. Draft regulation 6(2) must therefore be read with section 9(3) of the Act, which provides that executive members may not be the Chairperson or Deputy Chairperson of the Board or members of any committee of the Board.
Section 9(5) of the Act regulates the same matter as is raised by draft regulation 6(2). Draft regulation 6(2) should therefore be omitted.
4. The numbering after draft regulation 9 requires correction in that it does not contain regulations 10 and 11.
Report to be considered.
National Assembly
1. Report of the Portfolio Committee on Public Enterprises on the oversight visit to state-owned companies, dated 7 August 2012
1. Introduction
The Portfolio Committee on Public Enterprises (the Committee) undertook an oversight visit to Transnet (Phelophepa Health Train, Transnet Rail Engineering, Port of Nqgura and Port of Richards Bay) and South African Airways from 18 to 22 June 2012. The main purpose of the visit was to assess the impact of Transnet’s infrastructure projects and the Phelophepa Health Train on communities in terms of job creation, skills development and the promotion of local businesses and localisation. Furthermore, the Committee wanted to interact with the staff and customers of South African Airways in order to understand their challenges and experiences and what improvements they were expecting.
1.1 Delegation
The Committee delegation included the following members: Mr Peter Maluleka (Chairperson of the Committee, ANC), Mr C Gololo (ANC), Dr GW Koornhof (ANC), Ms C September (ANC), Mr A Mokoena (ANC), Ms N Michael ( DA), Mr E Marais (DA) and Mr J Dikobo (Azapo). The delegation was accompanied by the following parliamentary officials: Mr D Mocumi (Committee Secretary), Ms N Magubane (Committee Assistant) and Mr E Boskati (Researcher).
2. Visit to Phelophepa Health Train (Douglas)
The Committee was welcomed by the Group Executive for Human Resources at Transnet, Ms Nkululeko Sishi, and the Project Manager for the Train, Dr Lynette Coetzee.
2.1 Overview of the Phelophepa Health Train
The Phelophepa Health Train (the train) is a mobile train that takes primary health care services to remote and rural areas around the country. The train started in January 1994 and has reached 18 million people since it was launched. It has 35 stops throughout the year and has a target of reaching 1 250 patients per week. Transnet pays R41 million a year towards the costs of the train, and a further R10 million is sponsored by private companies. The train operates from January to September, and October to December is used for training and to allow staff to rest. It has technologically advanced medical equipment. Every clinic has a cost centre budget and there are sound supply chain management and financial systems in place. The train has received a warm welcome from communities but has received resistance from private practitioners who claim that the train jeopardised their businesses.
2.2 Interaction with community/patients
Transnet communicates eight weeks in advance with the community to be visited, and uses community radio stations, local newspapers and public offices to publicise the train. The staff on the health train is guided by dignity and respect for the patients. The train has facilities for the physically impaired and also has pictographs to assist patients who are illiterate. At every station, Transnet invites the Department of Health to do voluntary counselling and testing and the Department of Home Affairs to register community members for identity documents.
2.2.1 Job creation and skills development
The train has 20 permanent staff members, 40 medical students and 45 local people are hired for the duration of the stay. Transnet will increase the staff component of the health train and will improve the conditions of service of workers in order to retain the medical staff. There is a working relationship with most universities to release medical students for two weeks to work on the health train. During interaction with the students, the students expressed their satisfaction with the conditions on the train in terms of accommodation, food, sanitary facilities, security and opportunities to study. Transnet has connected wi-fi to enable students to write exams on the health train.
2.2.2 Health services
The train offers primary health care (PHC) services to the communities for free, and patients are only expected to pay R30.00 for spectacles. There are different clinics headed by qualified medical practitioners, namely dentists, optometrists, radiographers, psychologists, pharmacists, and others.
2.3 Recommendations
The Committee recommended that Transnet should expedite the introduction of the second train in order to cover as many communities as possible. Transnet should consider contracting a security company for the health train.
3. Visit to Port of Ngqura
The Portfolio Committee was welcomed by the Chief Executive for Transnet Ports Authority, Mr Tau Morwe and the Port Manager, Mr Siyabulela Mhlaluka. The Port Manager made a presentation in which he gave an overview of the operations of the port. The Committee interacted with stakeholders such as organised labour and representatives of local businesses, and undertook a tour of the port.
3.1 Overview of the operations of the port
The construction of the port commenced on October 2002 and started operating in October 2009. The port covers 1 250 hectares of land and can accommodate 7 berths, namely 4 container berths, 2 break bulk berths and 1 bulk liquid berth. Seventy per cent of the containers handled at the port are destined for other destinations and include manganese, breakbulk and liquid bulk. The Port of Ngqura performed well in relation to other ports, but was still underutilised and required more business in order to create more jobs.
There were plans in place to improve security surveillance and the effectiveness and efficiency of the port traffic control. The NPA and CSIR were investigating possibilities of getting a 5-day forecast of the sea level, as it had a bearing on the offloading of the ships.
3.1.1 Challenges
The challenge identified by the management of the port was the fact that, according to existing legislation, the operations of the port will be managed by the private sector. The white paper on transport separated the regulator from the operator, and prohibited the National Ports Authority (NPA) from operating the ports. This would compromise the efficiency of the port, investment, growth and the contributions towards the advancement of the developmental goals of the state such as job creation and the support for local industries. The NPA requested the Committee to consider amending legislation in order to stop the privatisation of operations in ports. All stakeholders made a plea to the Committee to assist in ensuring that the NPA received a licence to operate the port.
There is a shortage of pilots and maritime specialists in the port and management has plans to recruit young people from rural areas as part of the skills development programme.
3.2 Interaction with stakeholders
The Committee met with representatives of organised labour and representatives of business. All stakeholders were given an opportunity to explain the relationship with the management of the port. These were some of the findings of the Committee:
3.2.1 Job creation and skills development
The port has 220 funded posts, of which 133 have been filled and 97 are vacant. Only 26% of the staff is women but the management has training opportunities for women to study and be appointed in the male-dominated fields, like crane drivers. There are no women represented at top and senior management levels. There are programmes to visit rural communities in order to educate school learners about career opportunities in the port and to market the bursary opportunities. For 2012, there are 21 grade 10 learners who are enrolled in Simonstown, 12 students from the Eastern Cape placed at Durban University of Technology and 17 students currently placed at Cape Peninsula University of Technology.
The NPA will turn all non-core employees, such as security officers, into permanent employees of Transnet. There is a healthy working relationship with organised labour, and a delegation representing both parties, that will go on a study tour to learn best practices of port management. The Committee interacted with a number of employees who have been trained and developed and who have subsequently been promoted to higher positions in the organisation. One employee, Ms Nosipho Kale, started as a tea girl at the port, then she studied logistics management through Transnet bursaries, and was promoted as a planning technician.
3.2.2 Promotion of local small and medium businesses
The NPA was developing a pricing strategy that is in line with the Industrial Policy Action Plan (IPAP). The aim is to promote local manufacturing by charging less for processed goods. It will also support the surrounding industrial development zones and job creation. It has spent 35% of the budget on BBBEE companies. The port has the potential of assisting small and medium enterprises and supporting local business if it was utilised to its full potential.
3.2.3 Community involvement and development
The NPA has a corporate social investment plan, and it continuously monitored the impact on the communities. The port has adopted Newell High School, and has invested in infrastructure rehabilitation, which included the installation of a security system, upgrading of ablution facilities, roof repairs, tiling of classrooms, installation of fire extinguishers, and upgrading a home economics facility and a library. Furthermore, there are Saturday classes to tutor 99 maths and physics students from around the Port Elizabeth area.
3.3 Recommendations
The Committee recommended that Transnet should consider improving the representation of women in senior management positions, and should make an extra effort to recruit people with disabilities to work at the port. It furthermore requested Transnet to forward details of the legislative challenges facing the port and recommendations on how Parliament needed to intervene. The Committee recommended that all employees who are beneficiaries of Transnet bursaries should visit their high schools to educate pupils about their professions and the available career opportunities at the port.
4. Visit to Port of Richards Bay
The Committee was welcomed by the Chief Executive for Transnet National Ports Authority, Mr Tau Morwe, and the Port Manager, Mr Victor Mkhize. The Port Manager made a presentation in which he gave an overview of the operations of the port. The Committee interacted with stakeholders such as organised labour and representatives of local businesses, and undertook a tour of the port.
4.1 Overview of operations of the port
The port was established in 1976 as a bulk port to export 26 millions tonnes of coal per annum for the first 10 years. It is the largest port in South Africa in terms of hectares, and has a large portion of undeveloped land for future development. It has six cargo handling terminals, and commodities handled include coal, granite, sulphur, aluminium ingots, alumina, woodchips, ferrochrome, bulk liquids and forestry products. The port will spend R5.4 billion over the next 7 years on infrastructure development.
4.2 Challenges
The port has a shortage of tug drivers in the port and the port is generally underutilised. The port has an old and dilapidated fleet of machinery, some of which was beyond repair or continuously broken. This had a negative impact on the productivity of the port. For example, out of 117 haulers and tractors, only 64 were available for use (55% availability). However, there were plans in place to replace ageing equipment in order to improve capacity and productivity.
4.3 Interaction with stakeholders
The Committee met with representatives of organised labour and interacted with workers. These were some of the findings of the Committee:
4.3.1 Job creation and skills development
The port is characterised by a high turnover rate and is struggling to recruit and retain professionals, especially women. There are no women represented in the top management of the port and there was an under-representation of women and people with disabilities across the structure. Only two women were trained per year, which was not sufficient, and none of the trained women have been promoted in the organisation. The other challenge was that Black women of Transnet in the port were being head-hunted by big corporate companies in order to address employment equity targets.
The NPA has trained employees through the Seta, and they are still awaiting certificates of competence from the Manufacturing, Engineering and Related Services Sector Education and Training Authority (merseta). They requested the Committee to address the matter with the Department of Higher Education and Training.
4.3.2 Relationship with union (Satawu)
The union raised serious concerns about the lack of consultation and involvement in decision making at the port. The union further highlighted the following issues:
- There was a need to recruit and develop young people from Richards Bay.
- There was no career development plan and an over-reliance on one individual, hence the low morale of employees.
- There was a high vacancy rate and the process of filling vacancies was too slow.
- Subcontractors did not comply with the Basic Conditions of Employment Act.
- Transnet National Ports Authority paid better than the Transnet Port Terminals, promoting salary disparities among divisions of the same company.
4.3.3 Promotion of local small and medium businesses
There is an alleged complaint from emerging mining companies, as they are unable to access the Richards Bay Coal Terminal (RBCT), hence access to the port was largely owned by big mining conglomerates. Furthermore, it was alleged that the big mining companies do not assist emerging companies with machinery. The NPA will include developmental clauses in the business contracts before awarding licences, especially on skills development and support for local businesses. Transnet will undertake a study tour to India to investigate the feasibility of having a dedicated port for coal and how support can be given to small and emerging mining companies.
4.3.4 Community involvement and development
The NPA reported that it has a forum with civil society where they discuss the needs of the communities before the entity decides on the corporate social investment projects. They will also re-introduce port festivals and community centres in order to involve communities and assist them with relevant information. They have identified Khombindlela High School situated in Ngwelezane and Siphosethu High School located in Eshowe for adoption. Assessments were underway to determine the needs of the schools in terms of academic intervention and infrastructural needs.
4.3.5 Health and safety
Workers complained that they were adversely affected by the wood, coal and manganese particles at the port. They were not satisfied with how the diseases and health problems were handled at the port. The port has a clinic with two full-time professional nurses. The nurses complained about the poor co-ordination of referrals from the Sheq (safety) officers, as they did not refer employees as frequently as expected for screening. The consulting room was too small and compromised the privacy and confidentiality of patients. There was a lack of support in terms of tools of trade, for instance a vehicle to attend to emergencies on site. The most prevalent health problem that the nurses were treating was hearing injuries.
4.4 Recommendations
The Committee noted that the management of the port was not ready for the oversight visit, could not answer all questions and lacked motivation. The Committee recommended that the management should forward a detailed plan on how it will improve the development of women in the organisation, and how to address non-representation of women at top management level within 3 months. The union should be involved in the development of the skills development plan to ensure that it was linked to the personal development plans of employees. Transnet should provide workers with protective clothing, especially for dust, and should consult operators when procuring equipment in order to purchase machinery which is user friendly, effective and economical. The Committee resolved that it would communicate with the Department of Higher Education and Training to address the outstanding certificates of competence which had not been issued by the merseta.
5. Visit to South African Airways
The Committee was welcomed by the Chairperson of the Board, Ms Cheryl Carolus, and the Chief Executive Officer, Ms Siza Mzimela. During the visit the Committee interacted with the customers of SAA, the staff and organised labour. It further undertook a tour of the facilities at OR Tambo International Airport, including Mango offices, Airchefs, SAA Technical, SAA cargo and the baggage handling facilities.
5.1 Interaction with staff and customers
The Committee interacted with the staff to find out what challenges were facing the entity, and with staff to hear how they felt about the service and what improvements they recommended. These were the issues raised by the different respondents:
5.1.1 Concerns raised by staff of SAA
Most employees were satisfied with SAA as an employer of choice, but raised the following concerns: cancellation of the London flight within six weeks; illegal porters at the port bribing and threatening SAA staff; overbooking of flights causing abuse of SAA staff by customers; no platform to engage with management on challenges facing workers; the need for training in customer service and people management; lack of security for staff at the counters; the need for comfortable chairs for frontline staff; media support staff has been on contract for 4 years and the resistance from customers to comply with aviation rules (e.g. excess luggage).
5.1.2 Concerns raised by customers
Customers expressed their frustrations regarding the cancellation of flights, the overbooking of flights, flight delays, high airport taxes and the quality of aircraft from OR Tambo to Buenos Aires. There was a need for SAA to improve its on-time performance and service it rendered to the public.
5.2 Baggage facilities
The Committee visited the baggage handling facilities to see how baggage was handled and monitored. The Committee was impressed with the surveillance cameras and security measures that ACSA had put in place to curb pilferage. The Committee visited the baggage control room where all the bags were monitored and tracked. It was informed that all the staff was vetted and screened when they entered and left the premises. The incidents of baggage pilferage had since dropped significantly due to the joint approach between law enforcement agencies, ACSA and SAA.
5.3 SAA Cargo
SAA Cargo is specialising in air transportation of cargo to 35 destinations in Africa. It transports 200 tonnes of cargo per year, and the range of goods included minerals, agricultural products and mining products. There are no incidents of pilferage and the cargo was insured in terms of the regulations. There are four dedicated cargo aircraft, and there were plans to move to new premises for health and safety reasons. The employees complained about dust in the warehouse, and that management did not provide dust masks as the level of dust did not warrant the usage thereof.
5.4 Issues raised by the union (Satawu)
The union raised concern regarding the unhealthy relations between management and the union, and highlighted the following as matters that needed the attention of management: night shift allowance for flight attendants; bargaining forum was not operational because the funds had been frozen; and parity between benefits of pilots and other cabin crew members.
5.5 Meeting with members of the board of directors of SAA
The Committee had a courtesy meeting with the board members of SAA as it had not met the full complement of the board before. They introduced themselves and their responsibilities on the board. The Committee could not discuss organisational matters in depth as there was not sufficient time available to do so.
5.6 Recommendations
The Committee resolved that SAA Cargo should supply employees with dust masks to prevent infections until such time that the facility is upgraded. The management of SAA should address the concerns raised by the employees, organised labour and customers listed in this report and provide feedback to the Committee by 30 September 2012.
6. Visit to Transnet Rail Engineering (Koedoespoort)
The Committee was welcomed by the Chief Executive of Transnet Rail Engineering, Mr Richard Vhallihu. The Committee visited the plant to interact with students at the School of Rail Engineering and to learn more about the capabilities of Transnet Rail Engineering.
6.1 Overview of the Plant
Koedoespoort was one of the six Rail Engineering plants in the country and had the following capabilities:
- Body assembly of locomotives, production of small parts of the locomotives and it is claimed to be the fastest setup production plant in the world.
- Capacity to manufacture, assemble and produce one locomotive every two days.
- There are 6 rail engineering plants and 130 depots in the country.
- The first ever new diesel locomotive (Class 39-200) was built in South Africa by Transnet Rail Engineering.
- Fourty percent of content was produced locally but there was a move to improve local content.
6.2 School of Engineering
The school is providing a 3-year Electrical and Mechanical Engineering training that was accredited by Transport Education and Training Authority (Teta). There are 383 learners going through the training and 40% are women. Transnet recruits through FET colleges and schools. There were 140 employees who were sent overseas for advanced training. Transnet has a campaign of taking 300 “technogirls” from schools during school holidays, over three years, to expose girls to the field of engineering.
6.3 Challenges faced by the School
The students raised the following concerns:
- Some of the machines required for training were broken and materials used for training took time before they were delivered, leaving students idle.
- Some learners were being trained as section 28 learners but were issued with section 13 certificates.
- There was a shortage of tutors to assist students during training.
Transnet made the following observations:
- There was a need for Cabinet Ministers to visit the plant (Koedoespoort) and develop a programme to utilise the plant’s capabilities optimally.
- Teta was not issuing certificates on time, and some students have been waiting for 8 years since completion of their courses.
- Transnet was struggling to get funding from Teta. They had requested R5m for training and only received R250 000. However, Transnet was spending R200m on training yearly.
- The Committee should lobby the relevant authorities for the new locomotives to be built by Transnet Rail Engineering.
6.4 Recommendations
The Committee resolved that Transnet Rail Engineering should continue with the excellent work it did, and should address the concerns that have been raised by the learners noted in this report. It should ensure that there are adequate machines and materials for learning to take place. It resolved that it would engage the Minister of Higher Education and Training on the challenges that Transnet was faced with in dealing with the Setas.
Report to be considered.
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TUESDAY, 4 SEPTEMBER 2012
TABLINGS
National Assembly and National Council of Provinces
1 The Minister of Home Affairs
(a) Report and Financial Statements of the Government Printing Works for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12[RP 292-2012].
2. The Minister of Justice and Constitutional Development
(a) Report and Financial Statements of the Legal Aid South Africa for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 124-2012].
(b) Government Notice No R. 623 published in Government Gazette No 35573 dated 10 August 2012: Regulations relating to Debt Collectors, 2003: Amendment, in terms of the Debt Collectors Act, 1998 (Act No 114 of 1998).
3. The Minister of International Relations and Cooperation
(a) Agreement amending for the second time the Cotonou Partnership Agreement: Agreement Amending for the second time the Partnership Agreement between the Members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, tabled in terms of section 231(2) of the Constitution, 1996.
(b) Explanatory memorandum to the Agreement amending for the second time the Cotonou Partnership Agreement: Agreement Amending for the second time the Partnership Agreement between the Members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part.
COMMITTEE REPORTS
National Assembly
1. Report of the Portfolio Committee of Agriculture, Forestry and Fisheries on the Bill [B25-2012] (National Assembly – sec 75), dated 4 September 2012:
The Portfolio Committee on Agriculture, Forestry and Fisheries, having considered the subject of the Veterinary and Para-Veterinary Professions Amendment Bill (National Assembly – sec 75), referred to it and classified by the JTM as a Section 75 Bill, reports the Bill with amendments.
2. Report of the Portfolio Committee on Basic Education on an Oversight Visit to the Northern Areas, Port Elizabeth, Eastern Cape, dated 28 August 2012.
The Portfolio Committee on Basic Education, having undertaken an oversight visit to the Northern Areas, Port Elizabeth, Eastern Cape from 19 – 20 June 2012, reports as follows:
1. Introduction
As an ongoing theme within the Portfolio Committee, the Portfolio Committee on Basic Education has undertaken to visit Provinces and Districts to continually monitor and oversee the work of Provincial Education Departments (PEDs) in respect of schools in their Districts, throughout the year. The Portfolio Committee received information regarding problems being experienced at schools in the Northern Areas of Port Elizabeth in the Eastern Cape. These included the possible closure of schools, protest action by members of the community, picketing and a march of various stakeholders in the community. Although the Portfolio Committee had not conducted oversight in these areas to date, it was important to meet with all the relevant stakeholders in the affected area and to make an evaluation, including monitoring and oversight.
The oversight visit also involved the National Department of Basic Education (DBE), the Eastern Cape Provincial Education Department (ECPED), District Officials, School Management Teams, Ministers Fraternal, Organised Labour and School Governing Bodies.
The main objective of the visit was to assess the gravity of the challenges being faced in the affected areas, gain first-hand experience and information from those affected and give the necessary support and advice in dealing with the challenges.
2. Composition of the delegation
2.1 The Parliamentary Delegation
The delegation from the Portfolio Committee on Basic Education comprised of Hon H H Malgas MP (Chairperson) (ANC), Hon F F Mushwana MP (ANC), Hon A C Mashishi MP (ANC), Hon A Lovemore MP (DA), Hon W Madisha MP (Cope), Hon N M Kganyago MP (UDM), Hon A M Mpontshane MP (IFP), Mr D Bandi (Content Advisor), Mr L Mahada (Parliamentary Researcher) and Mr L Brown (Committee Secretary).
2.2 Stakeholders
2.2.1 Department of Basic Education – Mr H M Mweli, Mr S Mafoko, Mr M R Tywakadi and Ms B Qonongo
2.2.2 Eastern Cape Education Department – Mr I Assam, Ms B Biko and Mr L Hechter.
2.2.3 Port Elizabeth District Office – Mr M Leonard, Mr W A H Shene, Mr J T Tutu, Ms N M Mtulu, Ms N Mali, Mr S Strimling, Mr K Boswell, Ms L Goba, Ms B T Matroos and Ms M Mbaco
2.2.4 South African Democratic Teachers Union (SADTU) – Ms M Nono, Mr D Kamutoe, Ms N Ngubelanga, Mr S C Zamisa, Mr M H Dukwe, Mr Z K Mdani, Mr K Mangam and Mr R Mtynaru.
2.2.5.1 Suid-Afrikaanse Onderwysunie (SAOU) – Ms B van der Walt
2.2.6 National Professional Teacher Organisation of South Africa (NAPTOSA) – Mr A Adams, Mr P Du Preez, Mr D Erasmus and Mr N Paulsen.
2.2.7 Bethelsdorp School Governing Body Forum and Ministers Fraternal – Mr D T Lewis, Ms A P Njomane, Mr A J Smith, Mr W Francis, Mr C Didloft, Ms R Joseph, Ms Y Jonkers, Pastor T L Strydom, Mr F J Joseph, Pastor N Goldman and Prophet A Sauls.
For the record, the Portfolio Committee received an apology from the Director-General, Mr B Soobrayan, the Chairperson of the Portfolio Committee on Education in the Legislature, Hon M Mrara and the District Director, Dr N Ntsiko.
3. Engagements with the National Department of Basic Education, the Eastern Cape Provincial Education Department and District Officials
Presentations to the Portfolio Committee covered the following areas where challenges were being faced:
* Human Resources
* Finance
* Infrastructure
* IQMS
* Schools Nutrition and Transport
3.1 Human Resources
The status of temporary educators in Port Elizabeth stood at 1 836. The temporary educators retention was 111 (1 222 Head Office) with 99 paid and 12 unpaid. New temporary educators stood at 155 (614 Head Office) of which six had no indication of being approved. The Portfolio Committee received a breakdown of the retention of temporary educators which also showed those who were re-instated and actions being taken in this regard. The Portfolio Committee also received a breakdown of all cases involving temporary educators and the status of those cases. There was a further breakdown in respect of the appointment of Post Level 1temporary educators against substantive vacant promotions. A list showed that although schools were granted new temporary educators for various subjects; none had been instated.
The Portfolio Committee further received detailed information of schools in respect of the following:
* Protected temporary educators
* Unqualified educators
* Vacancies
* The status of Fundza Lushaka Bursary Holders
The budget for substitute educators for Primary schools stood at R 5 077 602.00 while that of the Secondary schools stood at R 3 259 149.00. The province had 154 Adult Basic Education and Training (ABET) centres where 14 educators had not received their salaries. Of the 14, eight had their documents forwarded to head office for payment and six had incomplete documents. In the 248 Early Childhood Development (ECD) Centres; 238 ECD practitioners had not received their salaries with an additional 78 practitioners who were awaiting approval.
Some educators, appointed for their professional skills, were over 65 years of age and needed to receive the necessary approval for their appointments. Schools also experienced problems with the validation of qualifications of foreign educators, as well as work-permit challenges.
3.2 Finances
It was mentioned that there had been a major change in respect of payments made through the Finance Section. All documentation needed to be forwarded to Head Office and then to be sent to Treasury for approval and authorisation. This process was cumbersome and time consuming. It was mentioned that the focus of the Finance Section was that of retired educators whereby their salaries had to be paid manually with additional administration. Another challenge was the payment of outstanding allowances due to employees. This issue was being addressed. It was mentioned in respect of payments of creditors that they were authorised on a weekly basis. For payments to be effected, it was necessary that all invoices and documents were received. Currently the payments to creditors were up-to-date.
3.3 Infrastructure
A major issue was the challenge in respect of human settlements, and the influx of learners to schools in the area. It was mentioned that the area would need at least 22 new schools to be built. Of the schools in the area, at least 18 needed emergency repairs, 83 needed major renovation with at least 82 schools needing fencing. After two schools had burnt down, there was no assistance to have them rebuilt. In the Coega area there was only one primary school built from prefab material with an enrolment of 1 300 learners. The Joe Slovo area was a new area which had class overcrowding with a ratio of 1-80. It was further mentioned that Greenfields was in need of a high school.
In Port Elizabeth there were 295 schools broken down as follows:
* Farm Schools - 15
* Pre-Primary Schools - 13
* Special Schools - 13
* Independent Schools - 27
* Ordinary Primary - 257
* Ordinary Secondary - 70
A further breakdown of the schools in Port Elizabeth showed the following:
* No fee schools - 164
* Section 21 schools - 163
* Section 20 schools - 137
* SA School Administration and Management System (SA SAMS) Schools - 172
* Primary Schools - 128
* Secondary Schools - 44
Schools per Quintile were as follows:
* Quintile 1 - 0
* Quintile 2 - 9
* Quintile 3 - 95
* Quintile 4 - 50
* Quintile 5 - 86
In respect of the Learner Teacher Support Material (LTSM) there was an indication that all schools had received the necessary LTSM. All primary schools received workbooks, although there were shortages in English and Afrikaans workbooks.
3.4 School Nutrition and Scholar Transport
School Nutrition:
The current status of the school nutrition programme was as follows:
* The number of schools feeding: 77 (17 Secondary and 59 Primary/Farm)
* The number of learners benefiting: 35 756
* Meal servers: 258
* Schools benefiting from July 2012: 60
The Portfolio Committee was alerted to some of the challenges in respect of the nutrition programme which included:
* The poor submission of financial reports
* The lack of financial management
* The monitoring process
* Limited Resources – Human and Physical (Transport)
To deal with the above challenges, the Department ensured that the School Nutrition Programme Team visited non submitting schools and ensured that the Education Development Officers (EDO`s) assisted with school monitoring. It was important that School Governing Bodies (SGB`s) were taken on board regarding financial management. Further financial management training was identified for the School Management Team (SMT’s) and Finance Officers. There was a need to supplement human resources where needed.
Scholar Transport:
There were 14 schools who received approval for scholar transport with only 13 benefiting currently. There were 18 operating service providers covering 14 routes with 29 pick-up points. The total number of approved learners for this year stood at 1045 learners with a waiting list of applications standing at 1 200 learners. In respect of human resources there was a need to employ a Senior Education Specialist, and for transport there was a need for a vehicle to conduct monitoring. Other challenges included:
* Service providers not having received payment for March – June 2011
* The relocation of families to Motherwell (N.U.29) whilst learners were attending at Vukani Bantu School which was more than 20km’s from where they lived which created new routing and transport requirements
* The reduction in numbers resulted in non-operation at D.D.T. Jabavu Senior Secondary School as the community felt strongly that all deserving learners had to be transported to school.
In respect of the above challenges, it was indicated that Head Office were informed of a R638 000.00 allocation for payment of service providers. There were 250 forms ompleted by schools and submmitted to Head Office – these needed verification of kilometers and confirmation of any schools in the vicinity. The Department of Roads and Transport and DDT Jabavu Senior Secondary School negotiated and reached a consensus to resume transport in the third term.
In responding to some of the concerns highlighted, the Department stated that much of the concerns were not policy issues but issues of implementation. Although the Eastern Cape accounted for a significant portion of the National drop-out rate of 17.1percent, the repetition rate was not properly captured. Many learners left Grade 9 and enrolled at FET Colleges. The Department was engaged with vacation classes and winter schools which were running parallel to the CAPS training programme. It was indicated that the Eastern Cape was leading in respect of schools that were not educationally viable. This unfortunately meant that the merging of schools would be effected. It was stated that the Department was facing many challenges and was neither effective nor efficient. The attrition rate within the Department was very high. The Department was attempting to move forward in respect of the payment all temporary educators. Part of the challenge was that parents did not register their children within the stipulated times, which affected the post-provisioning norms. Regarding the payment of tranches (allocations) the problem was that schools operated within the calendar year, whereas the Department operated within the financial year. There had been numerous occasions where schools’ banking payments were returned resulting in non-payment.
4. Engagements with Schools Governing Bodies and the Ministers Fraternal
It was reported that 51,000 learners where negatively affected by the problems in the District. From their research it was estimated that SGB’s were paying approximately R 1, 2 million for temporary educators at 10 schools. It was estimated that in 10 schools there were at least 50 temporary educators appointed. There were an estimated number of 20 educators who were not appointed. It was further indicated that funds for scholar nutrition had not been transferred. Classes remained overcrowded as there had been an influx of learners to the district. Transport services for some schools in the area were not consistent.
The SGB forum was appointed as there had been no progress in dealing with the challenges faced. Officials continued to give numerous undertakings without any substance. Of the initiatives employed by the forum these included picketing, prayer meetings and a march. The demands put forward by the SGB Forum included:
4.1 Personnel / Staff
* Back dated payment for and payment of all serving educators
* The permanent appointment of educators
* The appointment of support staff
* Providing a teacher for every class
* Eradicating overcrowding in schools
4.2 Finance
* The transfer of funds that are due to schools
* Cash payments/paper budgets
* The nutrition programme
4.3 Infrastructure
* School infrastructure to receive the necessary immediate attention.
* Some schools were built to last for 10 years – but were at least 61 years old
4.4 Administrative
* The correct delivery of LTSM
* The correct quintile classification
* Issuing an inclusive staff establishment
4.5 Curriculum
* A need for urgent attention to mother tongue instruction
The SGB Forum was of the view that there were obstacles to creating good schools. There were extensive resource shortages, both practical and financial. There was also a lack of leadership at District as well as school levels. Bureaucracy issues were frustrating initiatives and implementation. The broad concerns of the SGB Forum were the quality of education, quality educators, improved infrastructure and commitment to budgets.
To overcome many of the challenges faced, the SGB Forum was of the view that there was a need to strengthen district offices by creating engagement and capacity – as well as strengthening partnerships. They also felt that there was a need to create successful pilot schools.
5. Engagements with Organised Labour
The Portfolio Committee also held a special meeting with the following Unions:
* The South African Democratic Teachers Union (SADTU)
* Suid-Afrikaanse Onderwysunie (SAOU)
* The National Professional Teachers Organisation of South Africa (NAPTOSA)
It was mentioned that at many schools there were Grade R educators attached though in actual fact there were no Grade R educators appointed at the identified schools - which lead to posts being vacant since there were no posts allocated to these schools. Of concern to the unions was the continued failure to resolve the temporary teachers issue in the District and the entire province. Temporary educators were terminated in December 2011 – and included unqualified educators, under-qualified educators as well as educators protected by the collective agreements of 2008. Of further concern was the divide in respect of class size between rural and urban areas, the non-appointment of substitute educators and the norms and standards in respect of school funding. Some schools were forced to become Section 21 Schools without capacitating the principals affected. The realignment/rationalisation of schools also had a negative impact, particularly in rural areas. A further concern was the restructuring of the Department and Districts to be in line with municipal boundaries.
It was felt that there needed to be one National Association of SGBs to reduce the current number. Of concern was the hostel allowance for supervisors that was not being received. It was requested that the moratorium on the filling of office-based educator posts be lifted. There was a need for clarification and direction in respect of pre-primary educators and practitioners. Another issue was the outstanding strike monies of the 2010 issue that needed to be resolved.
6. Recommendations
It was agreed that the Department would look into all concerns identified and have them resolved within 10 days of the date of the oversight. Those not resolved within the 10-day timeline would need to have timeframes for completion attached. The Department should report back to the Portfolio Committee on its progress.
The Portfolio Committee recommended that unions submit their concerns in writing to the Committee. These would form part of the Committee Report which would highlight all concerns with recommendations. The Department would have to act on all the recommendations of the Portfolio Committee within agreed upon timeframes.
Report to be considered.
3. REPORT OF THE PORTFOLIO COMMITTEE ON HIGHER EDUCATION AND TRAINING ON ITS OVERSIGHT VISIT TO WALTER SISULU UNIVERSITY, UNIVERSITY OF FORT HARE, BUFFALO CITY FET COLLEGE, LOVEDALE FET COLLEGE AND PORT ELIZABETH FET COLLEGE DATED 22 AUGUST 2012
The Portfolio Committee on Higher Education and Training, having undertaken an oversight visit to the higher education and training institutions in the Eastern Cape, reports as follows:
1. Introduction
The Portfolio Committee on Higher Education and Training undertook an oversight visit to the Walter Sisulu University, the University of Fort Hare, Buffalo City FET College, Lovedale FET College and Port Elizabeth (PE) FET college between 18 and 22 June 2012 as part of an ongoing oversight visits to institutions of higher education and training throughout the country. The purpose of the oversight visit was primarily to interact with the above-mentioned institutions on critical issues such as their admission policy, enrolment planning, their transformation plan, student access and success, and challenges of student accommodation in residences.
2. Background
The oversight visit consisted of a multiparty delegation of the Committee who visited the above-mentioned institutions on a fact finding mission. The oversight visit formed part of the Committee’s plan to visit the 23 public higher education institutions and 50 Public FET colleges across the country to focus on issues of student access and success, equity and equality, institutional governance, the disbursement of financial assistance in higher education and training institutions, the relationship between FET colleges and industries and other relevant matters in the higher education and training sector.
The Committee interacted with the above mentioned three public FET colleges and two universities. The interaction with the institutions provided an opportunity for the Committee to comprehensively engage with management and stakeholders of the institutions on critical issues pertinent to their operation. The programme of the visit included separate sessions with stakeholders of the institutions to provide an opportunity for them to raise their concerns in a safe environment.
3. Composition of the Delegation
3.1 The Parliamentary delegation
The multi-party delegation of the Portfolio Committee on Higher Education and Training consisted of Adv I Malale Chairperson (ANC), Ms N Gina MP Whip (ANC), Mr S Makhubele MP (ANC), Prof S Mayatula (ANC), Mr C Moni (ANC), Mr S Radebe MP (ANC), Dr L Bosman (DA) and Prof A Lotriet (DA).
Support Staff: Mr A Kabingesi: Committee Secretary, Ms M Modiba: Researcher, Ms F Kwaza: Communications Officer, and Mr E Bazier: Committee Assistant.
3.2 Walter Sisulu University representation
Prof L van Staden: Administrator, Prof L Obi: Deputy Vice-Chancellor Academic and Research, Mr S Mnyaiza: Acting Chief Operation Officer, Prof N Luswazi: Director Centre for Rural Development, Dr S Matoti: Director Institutional Development, Mr M Letlape: Interim Executive Director Student Affairs, Mr V Dwayi: Director Centre for Learning and Teaching Development, Mr M Payi: Director Centre for Community and International Partnership, Mr K Maphinda: Director Governance and Academic Administration, Mr G Ekosse: Director Research Development, Mr T Mashalaba: Director Financial Accounting, Mr P Mfazwe: Special Assistant to the Vice-Chancellor and Ms A Church: Acting Director Marketing, Communications and Development.
Unions: Prof B Nakani: Chairperson, National Tertiary Education Union (NTEU), Mr P Cenge: Lecturer NTEU, Dr Gumbi: Senior Lecturer / Secretary NTEU, Mr A Tyiwani: Lecturer NTEU, Ms M Yamaphi: Chairperson, National Education Health and Allied Workers’ Union (NEHAWU), Mr I Malema: Deputy Chairperson, NEHAWU, Mr N Charles: Treasurer, NEHAWU, Ms Z Makom: Member, NEHAWU, Mr N Memani: Chairperson, NEHAWU, Mr C Novukela: Member, Mr D Mafu: Shop Steward NEHAWU, Mr Z Mditshwa: Secretary NEHAWU, Mr N Blaai: Branch Executive Committee NEHAWU, Ms N Rabaza: Treasurer NEHAWU, Mr M Magewu: Extended Executive Member NEHAWU, Mr V Sonqishe: Deputy Chairperson NEHAWU, Mr S Mtshawulana: Shop Steward NEHAWU and Mr M Ntomtini: Shop Steward NEHAWU.
Student Representative Council: Mr S Gavu: Premier, Mr P Langa: Deputy Premier, Mr A Mpatelwa: Deputy Secretary, Mr M Gxagxisa: Sports Officer, Mr G Mtshiyo: Member, Ms V Dinizulu: Member, Mr M Mtsolo: Member, Mr C Sigwili: Secretary, Mr Z Ntabankulu: Member, Mr K Mhlamvana: Secretary and Mr S Tsham: Sports Officer.
3.3 University of Fort Hare representation
Management: Dr M Tom: Vice-Chancellor, Dr J Mjwara: Deputy Vice-Chancellor, Institutional Support, Dr X Mtose: Dean, Faculty of Education, Mr B Gallant: Dean of Students, Mr G Bradley: Deputy Dean, Faculty of Science and Agriculture, Mr B Tshotsho: Deputy Dean, Faculty of Social Science and Humanities, Mr C Jack Chief, Information, Mr R Bally: University Planner, Mr G James: General Manager, Operations, Ms Z Filtane: Director, Institutional Support, Ms N Toni: Teaching and Learning Centre, Mr A Johnson: Director, International Affairs and Ms N Rembe: UNESCO Chairperson, Oliver Tambo Chair of Management.
Unions: Mr V Peter: Shop Steward NEHAWU, Mr V Booi: Shop Steward NEHAWU, Mr A Magcoba: Shop Steward NEHAWU, Ms T Heshula: Shop Steward NEHAWU, Mr M Mrashula: Shop Steward NEHAWU and Mr T George: Branch Secretary NEHAWU.
Student Representative Council: Mr S Mbewu: President, Mr S Ndlovu: Deputy President, Mr L Mojo: Legal and Constitutional Affaris, Mr C Gumbo: Projects and Entertainment Officer, Ms B Kahla: Gender Officer, Mr S Mahlala: Transformation Officer and Mr P Dlakile: Gender Officer
3.4 Buffalo City FET College representation
Management: Mr D Singh: Principal, Mr N Ngaso: Vice-Principal, Planning Research and Institutional Development, Mr K Fassi: Vice-Principal Academic, Ms P Hing: Vice-Principal Academic, Mr R Ntanjana: Campus Manager, School of Occupational Training and Mr F van Rensburg: EMIS Manager.
Union: Mr M Mfazwe: Deputy Chairperson SADTU and Ms N Thuthani: Site Secretary SADTU
Student Representative Council: Mr A Mtedlana President, Mr M Zwide: Deputy President, Ms S Bantham: Treasurer, Ms Z Mbadamana: Recording Secretary, Ms K Zenani: Education and Transformation Officer and Ms N Mongotha: Religious Officer.
3.5 Lovedale FET College representation
Management: Mr N Stofile: Principal, Ms J Vester: Vice Principal, Education Services, Ms G Jacobs: Vice Principal Planning,Research and Institutional Development, Mr J Daniel: Vice Principal Education Services, Mr E Khumalo: Alumni Manager and Mr Z Chola: Senior Labour Relations Officer.
Unions: Ms Z Mgijima: Chairperson South African Democratic Teachers Union (SADTU), Mr T Mangesana: Secretary SADTU, Mr L Diniso: Gender Officer SADTU, Mr N Rubude: Site Secretary, Mr Z Sicwetsha: Member SADTU, Mr M Jama: Member SADTU, Mr N Tatani: Member NEHAWU, Ms N Mtlabeti: Administration Officer, Mr E Mefu: FET Coordinator NEHAWU, Mr S Rabe: Member NEHAWU, Mr S Rulashe: Member NEHAWU, Mr M Koti: South African State and Allied Workers Union (SASAWU) and Mr P Mlotwa: Member SASAWU.
Student Representative Council: Mr L Bolana: President, Mr L Magwebu: Chairperson (King Campus), Mr A Vala: Chairperson (Alice Campus), Mr L Makhenyane: Chairperson (Zwelitsha Campus), Mr C Poswa: Deputy President, Ms P Bentele: Secretary General and Mr l Mqingwana: Publicity Secretary.
3.6 Port Elizabeth FET College representation
Management: Mr J Grobler: Principal, Mr M Mzaidume: Vice-Principal, Ms S Raubenheimer: Vice-Principal Planning Research and Institutional Development, Mr D Baartzes: Vice-Principal Administration Services, Mr B MacKenzie: Registrar Institutional Development, Ms T Pienaar: Registrar Planning, Research & Partnership and Mr T Rademeyer: Registrar Student Support.
Unions: Mr G Chase: Branch Executive Chairperson SADTU, Mr S Xalipi: Site Executive Iqhayiya Branch SADTU, Ms K Matthys: Site Secretary Iqhayiya Branch SADTU, Mr X Swepu: Site Executive Member SADTU, Mr R Weiss: Site Representative Strauandale NAPTOSA, Mr N Gwaqa: Chairperson: NEHAWU, Ms S Moeketsi: Shop Steward NEHAWU and Ms N Molapo: National FET Coordinator NEHAWU.
Student Representative Council: Mr U Msuthu: President, Mr R Sigqibo: Deputy Chairperson, Mr B Motsie: Secretary and Mr N Quntana: Education and Transformation Officer.
3.7 Department of Higher Education and Training representation
Ms T Futshane: Acting Chief Director Vocational and Continuing Education and Training, Mr A Singh: Director, Ms B Swart: Director University Education, Mr D Maluleke: Deputy Director, Ms N Balfour: Deputy Director Eastern Cape Coordination and Ms P Sekgobela: Acting Parliamentary Liaison Officer Director-General’s Office.
4. Summary of presentations
4.1 Walter Sisulu University
a) Background
Dr S Matoti, Director, led the presentation which highlighted the following key issues:
WSU was established on 01 July 2005 in terms of the Higher Education Act No. 101 of 1997, as amended. The new university was named in honour of an icon of the South African liberation struggle, the late Walter Sisulu. Between 2002 and 2005, the South African higher education landscape underwent an extensive merger and incorporation process to bring about a more equitable dispensation to meet the requirements of a fast-developing, new democratic nation. The existing 36 universities and technikons were merged in various ways to produce 23 universities divided into three categories:
* Traditional academic universities,
* Comprehensive Universities (which offered both academic and technological qualifications) and,
* Universities of Technology.
WSU was particularly uniquely positioned to play a powerful role in the national government’s new focus on rural development. Over 25 000 students (6 078 first time candidates) and approximately 2500 staff lived and worked across four campuses with 13 delivery sites in Mthatha, Butterworth, East London and Queenstown. WSU consisted of 89% undergraduate and 4% postgraduate enrolments. The racial composition of students was 99.2% African and 56% were females.
Now into its seventh year of existence, WSU was, in October 2011, placed under administration at the request of the Council, Management and WSU stakeholders. An Administrator, Prof L van Staden, was appointed by the Minister of Higher Education and Training, Dr B Nzimande for a period of two years to lead WSU’s turnaround. Therefore, WSU was undergoing a massive turnaround strategy to improve infrastructure and review academic enterprise, financial sustainability, human resources and drive change management.
b) Admission Policy
Mr K Maphinda: Director of Governance and Academic Administration led the presentation which highlighted the following key issues:
* Registration as a student of WSU was conducted according to the General Student Rules as specified in the General Prospectus and as approved by Senate.
* The general requirement for admission to degree programmes was a Matriculation endorsement of the National Senior Certificate. The general requirement for admission to diploma / certificates programmes was a senior certificate or NSC (endorsed for diploma / certificate admission).
* An applicant who held a senior certificate and a three-year recognized diploma and had been granted a matriculation exemption by the Matriculation Board was admitted to a Bachelors Degree course irrespective of age.
* The university had a Recognition of Prior Learning (RPL) policy in place to admit experienced candidates who lacked the NSC qualification.
c) Enrolment Plan
Dr S Matoti, Director, led the presentation which highlighted the following key issues:
* Based on the 2010 figures, WSU had 26 734 headcount enrolments of which 6078 were first time entering undergraduates.
* WSU consisted of 89% undergraduates and 4% postgraduate enrolments. Approximately 57% were enrolled in undergraduate diplomas and certificates and 32% in undergraduate degrees, 2.4% were enrolled in postgraduate to below Masters degree qualification, 1.3% in Masters degrees and 0.1% in Doctoral degrees. The university did not offer distance education.
* The majority of students were enrolled in Business Management (32%), followed by 28% of enrolments in Science, Engineering and Technology, 23% in other Humanities and 17% in Education.
* The headcount totals should be 26 700 in 2013, graduates should increase to 4906 from 3551 in 2010 and the targeted success rate for 2013 was 73.4% compared to 68% in 2010.
d) Transformation Charter
Dr S Matoti, Director, led the presentation which highlighted the following key issues:
* The Transformation Charter was a product of broad consultation of different stakeholders within the university. The Transformation Indaba was held in 2009 and stated that there was a need for a transformation programme to be implemented over a five year period.
* WSU accepted all students from different races, regardless of their gender, cultural background, language, economic and social background.
* WSU developed six strategic initiatives to transform the university, namely; a learning and teaching charter and research agenda, fostering equity and non-discrimination, an engaged university, creating an excellent student life experience, resource mobilization and creating a WSU culture and identity.
e) Management of the National Student Financial Aid Scheme (NSFAS) bursary
Mr T Mashalaba, Director Financial Accounting, led the presentation which highlighted the following key issues:
* NSFAS loans and bursaries made up 82% of WSU student fee income. The total allocation of the NSFAS funding for the 2012 academic year was R251 million and 5654 students were not allocated NSFAS bursaries owing to the huge demand.
* The challenges in funding were extensive owing to the demand for financial assistance which exceeded the supply.
* WSU was using very old ITS version system for the capturing of student data who qualified for NSFAS. Other institutions were using Integrator II which was fast and very effective.
* The Financial Aid Office of the institution was in a poor condition. The documents were being kept in card boxes underneath the tables, photocopy and printing machines were not properly functioning, more than 50% of the computers were bought before 2002 and used old programmes, furniture in the office was in poor state and 18 staff members had been on contract for the past five years.
* The shortfall of the NSFAS funding was R28 million and the university required an additional R78 million to cater for all the needs of students.
f) Student success and drop out rate
Prof L van Staden, Administrator, led the presentation which highlighted the following key issues:
* The success rate of the university was 68% in 2010 and among the lowest in South Africa. The national benchmark success rate was 80% and the university targeted a 73% success rate in 2013. The throughput rate was 14% as compared to the national benchmark of 25%. Academic performance in terms of teaching output was poor.
* The university had a foundation learning and development programme that provided opportunities for students from disadvantaged backgrounds to access higher education.
* The inadequate student pass rate of the university was affected by various factors such as under-preparedness, poor financial backgrounds and other social challenges.
g) Success and challenges of the university
Ms A Church: Acting Director Marketing, Communications and Development led the presentation which highlighted the following key issues:
* WSU had more than 25 000 students with 2500 staff members. Half of the population of the Eastern Cape was educated by the university. The university was the only institution of the three higher education institutions with a Medical School in the province.
* The university was working with the South African Institute of Chartered Accountants (SAICA) to produce Chartered Accountants and 100 students were already enrolled for the programme.
* WSU had a research chair in Indigenous Knowledge Systems (IKS) and various community engagements on HIV programmes in rural areas.
* A major turnaround strategy had been submitted to the Minister. The university was financially bankrupt and 80% of its budget went to salaries of personnel staff.
* The merger of the university was incomplete. Currently, there were three payrolls of staff from the three merged institutions. There was no harmonization of conditions of service of personnel staff.
* The administrator submitted a proposal of R1.7 billion to overhaul the entire institution. There was a serious backlog of dilapidated infrastructure and student residences were not conducive to learning.
* The two legacy institutions before the merger were also bankrupt; hence the university had been operating on a deficit for the past five years.
h) National Tertiary Educators Union (NTEU)
Prof B Nakani, Chairperson, led the presentation which highlighted the following key issues:
* Lack of communication and consultation with the university stakeholders remained a serious concern for the union. There was a complete disregard of human resource management policies by management. WSU employed 45 directors who were not involved in teaching and there was extensive use of consultants by the university.
* The merger of the three institutions was only on paper. Operations on different sites were still separate and the Programme Qualification Mix (PQM) did not cater for articulation from vocational education to degree programmes.
* High academic staff turnover remained a serious concern for the union.
i) NEHAWU
Ms M Yamaphi: Chairperson, NEHAWU, led the presentation which highlighted the following key issues:
* The union was extremely concerned that the Committee came at a very late stage to the university when the situation was critical. Since the appointment of the Administrator in October 2011, the situation in the university had deteriorated.
* A huge gap existed between the Technical Task Team of the Administrator and the university stakeholders. A stakeholder’s summit convened by the Administrator was held in East London for two days. It was meant to develop a roadmap for a turn-around strategy for the university.
* The report of the Administrator on the stakeholder’s summit identified key focus areas of which some of the Technical Task Team members did not have experience. NEHAWU wanted experienced people to be appointed to lead those areas since the current team of the Administrator was failing.
* There was no improvement in student registration and unfortunately a student died during this period owing to student protests.
* The human resource department was managed by a consultant who was not fully dedicated to the university. NEHAWU proposed for the dismissal of consultants in the Technical Task Team.
* The human resource management policies were not implemented by the Technical Task Team. Certain students from Tshwane University of Technology (TUT) were appointed to senior management posts without having the necessary experience.
* Inadequate implementation of supply chain management policies remained a serious concern. There were appointments of companies without following the proper tendering procedures.
* There was a conflict of interest in the company (Fastrack) which was awarded a tender to turnaround financial systems of the university, since the Chief Financial Officer (CFO) owned it.
* The consultants employed by the university were being paid large fees without completing their duties efficiently. The consultants did not transfer their skills to staff members so that they can be capacitated. Most of the consultants used the university credit card and they made duplication payments.
* An amount of R460 000 was paid to a Pretoria company that designed the SRC constitution and some consultants had a vested interest in the company.
Recommendations of NEHAWU:
* The merger of the university should be reviewed.
* A team of highly experienced experts should be appointed and services of consultants should be terminated by 30 June 2012.
* The Administrator should review his terms of reference and perform accordingly. The deadline to meet his targets was 30 September 2012.
* The harmonisation of conditions of services should be prioritised by the Administrator and his team.
* A retention strategy should be developed to address the high staff turn over experienced by the university.
j) Student Representative Council (SRC)
Mr S Gavu, Premier of the SRC, led the presentation which highlighted the following key issues:
* The SRC was concerned that the Administrator came from an institution (Tswane University of Technology) that was also under administration and that WSU had become a colony of TUT. The student leadership was not invited in the stakeholder’s summit held in East London by the Administrator.
* Finance: The finance department was currently headed by consultants who worked three days a week in the university and were unable to address all financial queries of students.
* Student Affairs: The report of the Independent Assessor noted serious concerns regarding the management of student affairs at WSU. The challenges of students got worse since the Administrator was appointed. Former students of TUT occupied positions of managers in this department without the necessary experience. Inadequate student support services remained a serious concern.
* Academic Enterprise: The current infrastructure was unable to accommodate the number of students registered in the university. The majority of Computer Laboratories were dysfunctional, with very few computers (100 computers for 7000 students).
* Human Resources: A shortage of lecturers remained a serious concern for students. The students had never met the Administrator and were not aware of his Technical Task Team. Certain staff members had been appointed as consultants. Senior managers who were employed before the Administrator was appointed still occupied their positions.
* Safety and Security: Three students lost their lives within the campus owing to crime this year alone. The three security companies hired by the university were not competent to protect students from criminals.
k) Visit to residences
The Committee observed the following during its visit to student residences:
* The conditions at the student residences were not conducive for learning.
* The buildings were old and required urgent refurbishment.
* The geysers were not functioning properly and students had to bath in cold water.
* The roofs of some residences were leaking which posed serious challenges during the rainy season.
* There were no elevators in any of the residences on Campus for students with disabilities.
* Some of the kitchens shared by students did not have functioning electric stoves.
* The showers and toilet facilities were in very bad condition.
4.2 University of Fort Hare
a) History and context
Dr M Tom: Vice-Chancellor led the presentation which highlighted the following key issues:
* The university was founded in 1916 as a non-racial higher education institution to meet the needs of the black population. It became designated as a university for blacks in 1985 and remained a centre of anti-apartheid resistance until 1994. The first black Vice-Chancellor was appointed in the university in 1991.
* The university experienced a financial and administrative crisis in 1998. During this period, there was a decline in enrolments due to the financial crisis. Recovery plans began in 2000 and by the year 2001, the university had increased its enrolment to more than 10 000 students.
* In 2004, the university became the only historically black university to incorporate a campus of a historically white university (Rhodes University) following a national restructuring of higher education.
* The university was the only higher education institution in the world to produce five different leaders of African countries. Some of the well known students included; Dr N Mandela, President R Mugabe of Zimbabwe, Hon Y Lule, Archbishop D Tutu, Mr R Sobukwe, Mr C Hani and many other leaders.
* The university was situated on the south-eastern coast of South Africa. It had three campuses straddling a distance of 120km, from Alice to East London. The university served one of the poorest regions of South Africa, helping to bring students from areas sidelined from development into the mainstream of the national economy.
* Alice Campus: The buildings in the campus were old and needed extensive refurbishment. Lecture venues were old, outdated and inadequate. Residences needed renovation and an additional space for 2000 beds. The library was too small and the university planned to build a new library to celebrate its centenary in 2016. The university had a Dairy Farm which aimed to benefit nearby communities. There was also a Nguni Project with the Industrial Development Corporation (IDC) to purchase cows to the value of R2.7 million to be given to local communities.
* Bisho Campus: The campus was developed specifically to train and develop public servants for the province. The campus was small, new and modern, opened in 1990.
* East London Campus: This campus was incorporated from Rhodes University in 2004. It was a small campus in the downtown area of East London which consisted of well maintained and modified buildings. The campus was currently beyond its capacity. There was a shortage of large lecture venues and a lack of residences remained a serious concern.
* Enrolments: The university had a total headcount of 11 982 students in 2011 of which 9208 were undergraduates. In terms of demographics, 94% students were African, 4% White and 2% Indian. Female students made up 56% of the student population and 87% of students were South Africans and 10% were Zimbabweans.
b) Transformation Plan, Graduation Rate and Staff Profile
Dr J Mjwara, Deputy Vice-Chancellor of Institutional Support, led the presentation, which highlighted the following key issues:
* The objectives of the transformation plan of the university were to meet the learning needs and aspirations of learners, to address development needs of society and provide the labour market with qualified and caring professionals, to contribute to the socialization of enlightened, responsible and critical citizens and to contribute to the creation, sharing and evaluation of knowledge.
* The barriers to transformation included; the perception that transformation was for certain people, inconsistent governance, a failure to set realistic time-frames, a lack of institutional buy in and a lack of resources.
* The pass rate of the university was 83% of the registered courses; the graduation rate was 23% above the national average of 21%.
* Based on 2010 figures, permanent staff headcount was 712 of which 429 were professional staff. Of the 292 instruction research professionals, 33% had PhD, 24% had Masters degrees and 25% other qualifications. The ratio of FTE students to FTE instruction staff was 1:29.
* The total allocation of the NSFAS bursary at UFH increased to 19.3% from R104.3 million to R124.5 million in 2012.
c) Unions
Mr T George led the presentation which highlighted the following key issues:
* The union was extremely concerned with the dilapidated infrastructure of the university. The university’s inability to attract and retain best students and academic staff remained a serious concern.
* The geographic location of the Alice campus was a concern since Alice was a small town with inadequate social activities. The town was under-developed and 70% of the houses in the town were owned by the Department of Public Works. The union would like these houses to be allocated to the academic staff of the university owing to the lack of adequate accommodation in the area.
* There was serious biasness towards the East London campus in terms of infrastructure development resulting in the Alice campus being ignored.
* The current funding formula did not take into account the historical background of UFH. There was a need for a redress funding to develop the infrastructure of the university.
* The university should be declared a heritage site since it had historical buildings that were part of the history of the country.
* The relationship between the management of the university and the union was cordial. Management had an open door policy and the union participated in council meetings.
d) Student Representative Council
Mr S Mbewu, President of the SRC, led the presentation which highlighted the following key issues:
* Registration: The process of registration in the university was very chaotic at the beginning of the year. There were serious allegations of corruption being investigated which included the sale of application forms to students by support staff.
* Accommodation: The majority of students registered in the university were from very poor backgrounds and deep rural areas. The university residences were in a very poor condition and not conducive for learning. A student had died due to a fire which broke out in one of the residences. There was an urgent need to refurbish and expand the residences. The university did not own all the residences in East London and private owners charged exorbitant prices for accommodation.
* NSFAS: The current allocation of the NSFAS bursary was not sufficient to cater for all the students needs. Many students living in university residences did not have a food and book allowance and, as a result, some of them dropped-out of the university.
4. 3 Buffalo City FET college
a) Historical Background and context
Mr D Singh, Principal, led the presentation which highlighted the following key issues:
* Buffalo City FET college was established in 2002 as a result of the merger of three Colleges, namely, East London College and its St Marks Campus, Border Technical College and Knox Bokwe Careers College in Mdantsane.
* The Border Technical College premises had since closed down and its Business Studies programme absorbed into the East London Campus and its Engineering Division into St Marks Campus
* The college had two specialized campuses, namely, the School of Business based at the East London Campus, the School of Engineering based at the John Knox Bokwe Campus in uMdantsane and the School of Occupational Training based in Southernwood.
* The college had a plan to open another campus at the Greater Kei Local municipality which would focus on Agriculture and Tourism.
* The college currently served the surrounding Buffalo City and Amathole District Municipality and attracted students from Mdantsane, East London, King Williams Town and Zwelitsha. A significant number of students were also attracted from Cofimvaba, Umtata and Butterworth which were accommodated in the College’s hostel facilities.
b) Admission Policy
* The purpose of the admission policy was, inter alia, to provide a support structure and a frame of reference for the College to apply an admissions and registration policy.
* To determine authority, development, approval, and issues pertaining to the admission of learners at College; to provide guidelines for the Buffalo City College Further Education and Training College (hereinafter referred to as college) to admit students without unfairly discriminating in any way, including on the grounds of race, ethnic or social origin, socio-economic status, gender, sexual orientation, religion, belief, culture, language, pregnancy, HIV/AIDS status or disability; and to determine minimum admission requirements in respect of specific college programmes.
* To determine the number of students who may be admitted for a particular college programme and the manner of their selection.
* To determine the minimum requirements for re-admission to study at the College.
* To refuse re-admission of a student who failed to satisfy such minimum requirements for re-admission.
* To provide for the cancellation of registration of learners in terms of the policy of relevant college policy, e.g. Finance, Teaching and Learning Policy and Attendance Policy.
c) Headcount Enrolments 2011/12
* During the 2011 academic year the college had 2,567 students enrolled for NC(V) across the three Levels and 4, 035 students enrolled for the Report 191 Programmes for N1 –N6.
* For the 2012 academic year the college had 2624 students enrolled for the NC(V) Programme and 1461 students enrolled for the Report 191 Programmes. Of the 1461 Report 191 students 737 are registered for Engineering studies at N2 – N6, and 724 for Business and other programmes. The college currently has no N1 Engineering students.
d) Staff Profile
* The college currently had 301 staff members, 170 of these are employed on a full time basis by the Provincial Department of Education, 69 employed are full time employees employed by the College Council and 62 are temporarily employed by the College Council.
e) Partnership with industries
* The college had formed partnerships with the South African Revenue Services (SARS) and Bunono Engineers who offered work-based experiential training to learners. The Memorandum of Understanding (MoU) with SARS was signed in March 2012 and the MoU with Bunono was still in draft form.
* Eskom offered bursaries to the Report 191 Engineering students as well as learnerships to the same students.
* The relationship with the ETDP SETA was to train the lecturers to obtain a formal teaching qualification though the Vocational Education Orientation Programme (VEOP).
f) College challenges
* There was currently no Chief Financial Officer (CFO) in the college.
* There was no seed capital to start new projects.
* There was a lack of specialist experienced staff e.g. IT, Auditor, Accountant, artisan trainer.
* There was a lack of student accommodation.
* There was no new staff establishment by DHET for the college.
* There was a resistance to change by some staff members.
* The late release of exam results by the Department resulted in student protests.
* There were outstanding certificates – NCV and 191.
* There was no PERSAL system at the college.
g) Unions
Mr M Mfazwe: Deputy Branch Chairperson of SADTU led the presentation which highlighted the following key issues:
* Since the promulgation of the Further Education and Training Colleges (FETC) Act No 16 of 2006, employees employed by the college council were affected the most. There was no harmonization of the conditions of service between the state and college council employees.
* The working conditions in the college remained a serious concern for the union. There was a shortage of lecturers in relation to the growing number of students.
* The labour unions of the college had a good relationship with college management and were consulted on critical issues affecting the college.
h) The Student Representative Council
Mr M Zwide, Deputy President, led the presentation which highlighted the following key issues:
* SRC Workshop: The SRC of the college had a workshop in Port Alfred where it discussed its implementation plan. Out of the workshop deliberations, the SRC developed its community outreach programme and training and development programme to capacitate its members.
* Relationship with management: The SRC had a cordial relationship with the management of the college. Management had an open door policy to discuss any critical issues with the college stakeholders. The SRC was able to resolve challenges with management of the college and it also participated in the governance of the college.
* Results: The late release of results was the main concern for all students of the college. Students who had completed their National Certificate Vocational NC(V) last year had not yet received their certificates and this disadvantaged students in terms of their progress to continue with their studies or seek employment.
* NC(V): Students were seriously concerned with the NC(V) qualification since it was not recognised by industries and some universities did not accept students with NC(V). The Department should advocate the NC(V) and make industry aware of its importance.
* Accommodation: Shortage of accommodation remained a serious challenge for the college. Majority of students in the college came from rural areas outside East London and were unable to obtain accommodation in the college. There was currently no residence policy in place at the college.
4.4 Lovedale FET college
a) Student Representative Council
Mr L Bolana, President of SRC led the presentation which highlighted the following key issues:
* The SRC was extremely concerned with current leadership of the higher education and training landscape of the country.
* The late release of the NC(V) and Report 191 results remained a serious concern for students of the college.
* Students had a serious challenge with the transport grant from NSFAS. Certain students did not obtain the R6000 allocated for transport costs and were struggling to travel to the college on a daily basis due to the high cost.
* The NSFAS bursary allocation for students was inadequate. The bursary did not cover meal vouchers for students staying in residences. Majority of students received the bursary late during the academic year which caused some to drop out.
* Students were being taught by unqualified lecturers who lacked a sound knowledge of subjects resulting in a high failure and drop out rate.
b) Unions
Mr E Mefu, the FET Coordinator of NEHAWU led the presentation which highlighted the following key issues:
* Uniformity in the conditions of service between state-employed and college council employed staff remained a serious concern. The contracts of college employed staff were different and they did not obtain benefits enjoyed by state employees.
* The college employed staff members who have been on contract for more than 10 years. The shortage of staff remained a serious concern for the college. Lecturers were overburdened with work owing to the high student / lecturer ratio.
* The late delivery of textbooks affected learning and some textbooks had not yet been delivered to the college. Training at the college was biased towards lecturing staff while support staff were not offered any formal training.
* College staff did not belong to any bargaining council and their conditions of service depended on the decisions of council. The college council was not fully functional and did not prioritise the needs of its employees.
c) History and context
Mr N Stofile, Principal, led the presentation which highlighted the following key issues:
* Lovedale started as a mission station in 1824, on the Tyume River in Alice. John Bennie of the Glasgow Mission Society of Scotland founded Lovedale through the influence of Dr John Love, after whom the mission was named.
* In 1838 a small dwelling and church school were established at the mission and by the end of this year the school had 132 pupils. The educational institution of Lovedale was officially opened on 21 July 1841. The first principal was Rev. William Govan, after whom Govan Mbeki, former member of the African National Congress (ANC), was named.
* In 2002, a merger between three institutions, namely, East London College, Zwelethemba College and Lovedale Community College gave birth to Lovedale FET College. Today, the Lovedale FET College consists of three campuses (Alice, King Williams Town and Zwelitsha), each one addressing particular needs of the community.
d) Challenges
Student Challenges
* Absenteeism owing to the lack of transport funds and delays in NSFAS processes.
* Irregular attendance during assessments.
* Insufficient career guidance and support.
* The lack of academic support and a foundational programme for high risk students.
Lecturer Challenges
* The lecturing staff, especially in engineering studies had challenges in teaching methodology.
* The majority of lecturers were incapable of balancing theory and practical components of the NC(V) curricula.
* The lack of planning and managing of the actual teaching and delivery of the curricula.
* The lack of support from industry and local business in forming partnerships for lecturing staff.
Administrative challenges
* Insufficient classrooms to accommodate increased student enrolments.
* College inability to employ staff members on a fixed contract owing to the new labour regulations, which meant that the college cannot retain its staff members.
* The Department’s FET college bursary scheme allocation was not sufficient.
* Administrative assistance from the district office was non-existent.
* Absence of PERSAL for the college made it difficult to manage staff appointments and withdrawals.
Bursary Administration challenges
* The students’ lack of understanding of what bursary and registration forms were designed for.
* Students submitting incomplete forms, which in turn delayed the bursary process.
* Students not informed timeously about the outcome of their bursary application
* That students would only receive 90% of the NSFAS bursary owing to top slicing.
* The late submission of the required documents from students.
e) Achievements
* The increased and beneficial partnerships with various organizations and industries
* The intense and ongoing lecturer training by the Province, the Department and the Education and Training Development Practices (ETDP) SETA.
* Development in the college in terms of infrastructure, academic resources and human resources.
4.5 Port Elizabeth FET College
a) History and context
Ms J Grobler, Principal, led the presentation which highlighted the following key issues:
* Port Elizabeth College was the largest of the eight multi campus FET colleges in the Eastern Cape, currently boasting a student population of more than 5000 and was made up of a merger between three Technical Colleges within the Nelson Mandela Metro namely Russell Road, Iqhayiya and Bethelsdorp, each with its own rich and illustrious history.
* The merger process took place during 2002 and in 2003 when the current Principal Mrs Heather Joy Grobler was appointed. There were three campuses and six sites of delivery, namely Russell Road Campus comprising of Russell Road, Victoria and Erica, Struandale Campus, comprising of Iqhayiya, Algoa and Zincedeni and finally the Dower Campus.
* Results: Results in FET colleges remained a serious concern nationally as the sector struggled to find suitably qualified lecturers who were mostly employed in the private sector. There was a serious concern with the pass rate of maths and applied accounting in the college. The college had developed a foundation programme aimed to assist learners who were struggling to cope with the above subjects.
* Drop-out: The drop-out rate out of students in the college remained a serious concern with various contributing factors. In 2010 the college experienced instability and during that period many students dropped-out due to the fact the college was struggling financially.
* Partnerships: The college had good partnerships with the business chamber and SETAs. The college had a partnership with the Nelson Mandela Metropolitan University (NMMU) for NC(V) students to articulate to degree programmes after completion. The majority of the students at the college were placed in various industries during the June holidays to obtain work experience.
b) NSFAS bursary management and administration
* The demand for financial assistance in the college exceeded supply since the majority of the students came from disadvantaged backgrounds in rural areas. In 2011, the college received sufficient funding from the NSFAS and it was easy to address the demand for financial aid. However, for 2012, the college received an allocation of R36 million with a R4 million deficit of the actual plan. This placed increased pressure on the management of the college in attending to the demands for financial support.
* The student protests in the college had been caused by the demand for financial assistance. The college had set aside R13 million from its own funds to deal with the challenge of financial support.
c) Unions
South African Democratic Teachers Union (SADTU)
Mr G Chase, Branch Executive Chairperson, led the presentation which highlighted the following key issues:
* Lack of policies: The college was operating without policies and procedures which led to the lack of responsibility and accountability at all levels. This situation led to the abuse of power and allowed management to implement decisions based on personal feelings and subjectivity rather than policies.
* Lack of vision: Owing to the lack of vision by management, emerged students strikes which could have been avoided if management had created a platform to address issues with the stakeholders of the college.
* Lack of responsibility: The management of the college was very reactionary. They only acted when there was a crisis at the college rather being pro-active. The college was run on crisis mode and management tended to wait until a situation was out of control before attempting to resolve the situation.
* Nepotism: Nepotism was at its highest level in the college. People were handpicked to occupy positions on the basis of personal relations at the college.
* Employment equity: The college had been operating for years without an Equity Plan and as a result no employment equity had been implemented. Out of 30 senior posts in the college, only four were occupied by Africans.
* Racism: Racism was at its highest point in the college and this was evident in the composition of staff. SADTU and NEHAWU were constantly reminded by the Principal that they were in a minority in the college.
* Top-ups: Two white lecturers were paid two salaries per month which was an abuse of college funds and irresponsible expenditure.
* Lack of training for certain staff: The college had a skills development Registrar but the level of skills for lecturing staff and the staff in general was poor. Bursary forms were only given to privileged individuals.
National Professional Teachers Organisation of South Africa (NAPTOSA)
Mr R Weiss: Site Representative Strauandale led the presentation which highlighted the following key issues:
* There were two investigations currently conducted by a Jet Services facilitator and two advocates from NMMU into the affairs of the college and the union was eagerly awaiting the outcomes of those investigations.
* The FET Act No 16 of 2006 was not implemented when the SRC elections were being held. The union was extremely concerned that there were no SRC elections held for 2012.
* The disruption of classes by the SRC leadership during lecturing times remained a serious concern for the union. The displacement of management by other unions was a serious concern for the union.
National Education and Health Allied Workers Union (NEHAWU)
Ms S Moeketsi: Shop Steward led the presentation which highlighted the following key issues:
* Since the merger of the college in 2002, the college has had serious challenges to deal with. There was a leadership vacuum in the management of the college. The current Principal did not posses leadership skills to steer the college in the right direction.
* The union voiced a serious concern regarding the management and leadership style of the Campus Manager at Iqhayiya Campus. Workers were undermined and shifted to positions for which they were not designated. Irregular appointments remained a serious concern on that campus.
* Supply Chain Management (SCM) policies were not followed properly in the procurement of goods and services for the college
Student Representative Council
Mr U Msuthu, President, led the presentation which highlighted the following key issues:
* The SRC constitution was submitted to Council and signed fraudulently without proper consultation from the SRC which resulted in delays of this year’s SRC elections.
* Senior management of the college disbanded the SRC illegally citing its term of expiry. The SRC constitution was not in line with the FETC Act No 16 of 2006.
* The minimum requirement for NC(V) learners was not Grade 9, but it was a Matriculation certificate and this was not in line with government policies of expanding access to post school education and training opportunities for young people. Young people with Grade 9 were denied the opportunity to further their education and skills by the college.
* Student Support Services remained a serious concern for students. The college did not have adequate support programmes for learners who were struggling with their studies. There were no student advisors in the college.
* Delays in the release of results and certificates for NC(V) programmes remained a serious concern for students.
5. Observations
5.1 Walter Sisulu University
* The Committee was extremely concerned that the university operated on a deficit of R135 million due to poor financial planning and the exploitation of resources for individual interest by previous management. The university liabilities exceeded its current assets by R356 million and its current reserves were critically low (the university was literally bankrupt).
* The university was placed under administration in November 2011 following the report of the Independent Assessor’s report and Prof L van Staden was appointed to rescue the institution from total collapse.
* Since the appointment of the Administrator in November 2011, university stakeholders such as Labour Unions and the SRC were of the opinion that the university’s state of affairs were deteriorating. Some of the major allegations raised included the excessive use of consultants, a conflict of interest in the companies appointed to render services to the university, irregular appointments of senior managers and the lack of engagements between the Administrator and university stakeholders.
* The demand for financial assistance at WSU far exceeded its supply, which resulted in the NSFAS allocation being spread too thinly to as many students as possible. It emerged that 82% of student funding came from the NSFAS allocation since the majority of students at the university came from disadvantaged backgrounds. The situation had become so severe that there were no meal vouchers for some NSFAS bursary beneficiaries.
* The Department, through the National Skills Fund (NSF), allocated R310 million in December 2011 to support to the growing demand for financial aid which brought a huge relief to the university.
* It emerged that the institution had not actually merged and that it was unable to harmonize human resource management systems. The different campuses were still adhering to their pre-merger human resource and administrative systems.
* Financial instability has had significant impact on the teaching and learning output in the university and that academic success, as measured by pass rates (68% compared to the national average of 80%), graduation rates (18% compared to the national average of 23%) remained a serious concern.
* Overcrowding in lecture rooms was a reality in the university owing to inadequate infrastructure. The university had reached its carrying capacity in terms of student population in the campus and infrastructure backlog was enormous. The university required R1 billion to address the infrastructure backlog.
* Safety and security was a serious concern in the university. Intruders were able to gain access to the university since there was no adequate fencing and security personnel visibility. As a result, three students lost their lives owing to criminal activities this year alone. The Administrator submitted a R15 million bid to the Department for palisade fencing around the university.
* The shortage of lecturers was highlighted as a main concern of students. There were no Tutors in the university. Student Support Services were in a state of collapse and academic exclusions remained a concern.
5.2 The University of Fort Hare
* The university had historically experienced financial difficulties and as a result, enrolments declined significantly during the period of 1998 – 2000. A turnaround strategy that was implemented in 2001 stabilised the situation of the university and since then there had been significant improvements in enrolments.
* The university was among the oldest institutions of higher learning in the country and its infrastructure had not been improved for several years. The old buildings in the Alice Campus required urgent refurbishment.
* In terms of governance, the University Council was functional and there were no reported challenges in its composition. The university had a solid student governance system and Labour Unions played a critical role in the decision-making of the Council. There was harmony between management and university stakeholders.
* The demand for financial assistance exceeded the supply. As a historically disadvantaged university, most of its students came from disadvantaged backgrounds and the NSFAS funding was their only means of accessing higher education. This resulted in top slicing to ensure that the highest number of students received financial aid and, unfortunately the final allocation per student did not cover books and meal vouchers.
* It emerged that there was a serious crisis with regards to the shortage of accommodation in the university. The university was situated in a rural area and most of its students came from distant areas and the small town of Alice did not have adequate infrastructure to accommodate them. Even the current residences were in a state of disrepair and required urgent refurbishment and expansion.
* It emerged that the university admitted only 3000 Full Time Equivalent (FTE) students out of the 13 000 applications it received for the 2012 academic year. The lack of capacity remained a serious concern for the university in admitting more students.
* Students were extremely concerned with the withholding of results by the university for those students who owed the university and, this mostly affected those from disadvantaged backgrounds.
5.3 Buffalo City FET College
* It was noted with serious concern that the college experienced a decline in headcount enrolment for the year 2012 (6 602 students in 2011and 4 085 in 2012) while the country was struggling with the growing number of young people with no employment or formal training.
* The college had a serious challenge of accommodation. It could only accommodate 250 students out of the 4 085 student population and some of the students came from rural areas far from the city.
* Delays in the release of results remained a serious concern for students of the college. Students who completed their NC(V) and Report 191 programmes had not yet received their certificates from the college.
* The college was commended for having had an unqualified audit report for the past four years.
* The Committee was extremely concerned with the poor pass rate in the NC(V) programme especially in Electrical Engineering and Design.
* It emerged that some of the lecturers in the college were unqualified hence the college experienced poor pass rates in the NC(V).
5.4 Lovedale FET College
* Lack of support from industry and local business for experiential learning opportunities of NC(V) graduates was highlighted as the main concern of students.
* The demand for NSFAS bursaries at the college was very high since the majority of the students came from disadvantaged backgrounds.
* The college did not have access to PERSAL which created a challenge when resolving human resource management grievances.
* Students complained about the inability of lecturers in balancing theory and practical components of the NC(V) programme, and as a result, there was a high failure rate of the NC(V) programme in the college.
* Student support services were inadequate in the college. Learners with Grade 12 were being taught in the same class as learners with Grade 9 for the NC(V) programme.
5.5 Port Elizabeth FET college
* The Committee was extremely concerned with the conflict that existed between the college management and college stakeholders such as Labour Unions and the SRC.
* It emerged that there were serious allegations of mismanagement by the Campus Manager of Iqhayiya Campus and the majority of the concerns raised by the college stakeholders were mostly from this Campus.
* Students complained about the late release of results by the college and how it affected their quest for progressing both academically and economically.
* It emerged that the student protests which resulted in the displacement of management at college were as a result of the NSFAS bursary grievances by students.
* There were serious allegations of racism and nepotism in the appointment of senior managers in the college and there was no employment equity in place.
* The inadequate implementation of supply chain management policies was highlighted as the main concern of the labour unions in the appointment of service providers for the college.
* The Committee was extremely concerned with the restrictions set by the college for the admission of learners with Grade 9, since they were contrary with legislation / policies governing FET colleges.
6. Summary
The four days oversight visit to three FET colleges and two universities in the Eastern Cape was progressive for the Committee in its mandate of visiting the majority of higher education and training institutions in the country. The Committee was received well by all the institutions it visited and the requested documents were submitted on time by the institutions. In most of the institutions visited by the Committee, the challenges were very similar and required extensive investment in resources. Challenges such as the shortage of accommodation, the demand for financial assistance, poor pass rates in the NC(V) programme, student protests, unqualified lecturers, late releases of results by the Department and unemployability of FET graduates were experienced in the majority of the institutions visited.
The Department which accompanied the Committee during the oversight visit acknowledged that it was partly to blame for the lack of advocacy of the NC(V) programme and delays in the release of the results for FET college students. Despite the fact that the NSFAS bursary scheme had tripled in the past three years, the demand for financial assistance in the institutions visited was massive. This was partly contributed by the location of the institutions which were in rural areas and the majority of students who came from poor family backgrounds. This further contributed to the increase in the drop out rate since the NSFAS bursary did not cover all the students needs.
7. Recommendations
The Portfolio Committee on Higher Education and Training requests that the Minister of Higher Education and Training ensures that the following recommendations are considered, and where possible, implemented within one month of the adoption of this report:
* Funding: What emerged strongly during the oversight visit was that the demand for financial aid exceeded the supply in all institutions visited. The Committee recommends that the National Skills Fund (NSF) should allocate more resources to needy institutions to reduce the backlog of shortage of NSFAS bursaries.
* Conflict of interest: The Department should investigate the conflict of interest by consultants at the Walter Sisulu University in accordance with the provisions of the Higher Education Laws Amendment Act, No 21, 2011 which regulates the conduct of members of the council, members of committees of the council and employees of a public higher education institution engaging in business with the relevant public higher education institution.
* NC(V) Results: In all the FET colleges visited by the Committee, the issue of the late release of results by the Department was highlighted as a key concern. The Department should improve its capacity to ensure that results at FET colleges are released timeously.
* Curriculum Review: The NC(V) results in all the FET colleges visited were very poor. It is under these findings that the Committee proposes a curriculum review of the NC(V) as it was failing many young people.
* Articulation from FET colleges to institutions of higher learning: Articulation continued to remain a thorny issue for students who wished to further their studies at institutions of higher learning. The Department should explore ways of standardizing requirements for articulation since currently institutions of higher learning apply different rules when dealing with admissions through NC(V) certificates.
* The lack of access to the PERSAL system by FET colleges: The Department should ensure that FET colleges are to access PERSAL to ensure their knowledge of personnel expenditure.
* Delay in delivery of textbooks: Certain FET colleges did not receive some textbooks six months into the academic year. The delay of the delivery of textbooks to colleges negatively impacts the quality of teaching and learning, creating high failure rate in the NC(V) programmes. The Committee recommends that the Department ensures that textbooks are delivered on time.
* Racism: There were serious allegations of racial tensions in the Port Elizabeth FET college. The Department should urgently address the issues of race relations at the college in order to improve social cohesion and make the college non-racial
* Accommodation: Shortage of accommodation was a norm in most of the institution visited. The Committee recommends prioritisation of rural-based institutions to be allocated more funding to address the challenge of accommodation.
* Experiential Learning: Work placement opportunities for NC(V) graduates remained a serious concern. The Department should develop a policy that will assist FET colleges to have strong partnership with industries to improve workplace learning for FET college graduates.
* FET college lecturers: Unqualified lecturers in FET colleges were partly to blame for the poor pass rate of the NC(V) programme. The Department should develop adequate lecturer development programmes to capacitate FET college lecturers.
* Advocacy of the NC(V): It appeared from the interactions with stakeholders at the colleges that the NC(V) was poorly marketed by the Department and it was therefore recommended that the Department should market vigorously the NC(V) especially to the industry.
* Withholding of results: The Department should ensure that poor students who owed FET colleges / universities outstanding fees are allowed access to their results and pay back their debt once they are permanently employed.
* The Department of Public Works (DPW): The DPW should assist the University of Fort Hare in transferring the houses of its academic staff under the university’s assets.
* The Department of Arts and Culture (DAC): The University of Fort Hare had historical buildings with rich history and its application for a heritage site should be fastracked by the Department of Arts and Culture.
* The Establishment of better communication channels: It was observed that there was mis-communication between the Department, NSFAS and FET colleges which resulted in confusion of who and how to claim the 30% up-front payment for student bursaries. The confusion resulted in the delay of the transfer of the 30% up-front payment of NSFAS allocation to the PE FET College. Students could not receive their transport money and meal vouchers on time. The Committee recommends that the Department and the NSFAS communicate any information relevant to the colleges on time.
* Implementation of the Further Education and Training Colleges Amendment Act: It was discovered that employees of the Port Elizabeth FET College, especially the senior management, were doing business with the college. They defended their practice by claiming that there was no law that prohibited these practices. The Committee recommends that the Department ensures that all the FET colleges start adhering to the provisions of the Further Education and Training Colleges Amendment Act especially the provisions that regulate the conduct of members of the council, members of committees of the council and staff of a public FET college to engage in business with the relevant public college as enacted.
* Adherence to procurement policies: It was also revealed that the PE FET College senior management procured services for the college without following college procurement policies. The Department should investigate these allegations and also ensure that procurement policies are in place and are adhered to by all the Colleges.
* PhD production: The Committee was informed that the University of Fort Hare had increased its PhD graduate outputs from 10 in 2007 to 23 in 2011. However, there was a concern that the majority of these graduates particularly in scarce skills were non-South Africans. The Committee recommends that the Department through higher education institutions invest in the recruitment and support of South African PhD candidates to ensure that the country meets the target for high-level skills.
Report to be considered.
WEDNESDAY, 5 SEPTEMBER 2012
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Science and Technology
(a) Report and Financial Statements of the National Consumer Commission for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 310-2012].
(b) Report and Financial Statements of the Small Enterprise Development Agency for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 264-2012].
(c) Report and Financial Statements of the National Credit Regulator (NCR) for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 300-2012].
(d) Report and Financial Statements of the National Regulator for Compulsory Specifications for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 141-2012].
COMMITTEE REPORTS
National Assembly
1. Report of the Portfolio Committee on Justice and Constitutional Development on the Protection of Personal Information Bill [B9 - 2009], dated 5 September 2012.
The Portfolio Committee on Justice and Constitutional Development, having considered subject of the Protection of Personal Information Bill [B9 – 2009] (National Assembly – sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, presents a redraft of the Bill [B9B-2009].
The Committee reports the Bill further as follows:
1. The Bill creates a legislative framework to protect personal information but does so in a manner that gives effect to the Constitutional right to privacy while still allowing for the free flow of information within South Africa and between countries.
2. The Committee is acutely aware that this is a field in which rapid technological advancements bring new challenges for the protection of personal information, especially in South Africa, where consumer information has been subject to commercial exploitation. The Committee believes it has achieved compliance with the European Union’s Data Privacy Directive of 1995 and other international instruments that have a bearing on our trade relations. Proposed changes to the EU’s legislation on data privacy have also been taken into account as far as practicable.
3. The Committee has deliberated at great length on this Bill, which was introduced in 2009 and has had nine ‘working drafts’. The Committee also formed a ‘technical’ sub-committee, which made various proposals to assist in resolving identified issues. The Committee also undertook a study tour to the United Kingdom to meet with its Information Commissioner and other experts in the field.
4. Throughout the process, there has been extensive public engagement and further consultations with stakeholders: the Committee received more than thirty written submissions and public hearings were held at Parliament. Meetings have taken place since with affected stakeholders to engage with them on specific concerns.
5. Importantly, the Bill also transfers the responsibilities of the South African Human Rights Commission relating to the Promotion of Access to Information Act, No.2 of 2000 to an Information Regulator, which this Bill establishes. The Committee is acutely aware of the difficulties that have accompanied the implementation of that Act, including those relating to the high incidence of deemed refusals. At present, a requestor or third party must make use of litigation in the High Court to enforce the right of access to information. This is a lengthy process and can be prohibitively expensive. Although the Act provides also for right of recourse to a magistrates’ court, this cannot occur as there are no magistrates designated to hear such matters. There have been many calls for the appointment of an independent information commissioner empowered to address matters relating to access to information. This Bill envisages that there will be a permanent Member of the Information Regulator dedicated to exercise powers and perform duties in terms of Promotion of Access to Information Act.
Report to be considered
2. Report of the Portfolio Committee on Justice and Constitutional Development on the Draft notice and schedule determining the rate at which salaries are payable to Constitutional Court Judges and Judges annually, dated 5 September 2012.
The Portfolio Committee on Justice and Constitutional Development, having considered the Draft notice and schedule determining the rate, with effect from 1 April 2012, at which salaries, allowances and benefits are payable to Constitutional Court Judges and Judges annually, submitted for approval by Parliament in terms of section 2(4) of the Judges’ Remuneration and Conditions of Employment Act, 2001 (Act No 47 of 2001) and referred to the Committee, recommends that the House approve the said Draft notice and schedule.
Report to be considered
THURSDAY, 6 SEPTEMBER 2012
ANNOUNCEMENTS
National Assembly
The Speaker
1. Introduction of Bills
(1) The Minister of Police
(a) Private Security Industry Regulation Amendment Bill [B 27 – 2012] (National Assembly – proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 35461 of 22 June 2012.]
Introduction and referral to the Portfolio Committee on Police 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 Bill may be submitted to the JTM within three parliamentary working days.
TABLINGS
National Assembly and National Council of Provinces
1. The Speaker and the Chairperson
(a) 2012 Second Quarterly Report of the National Conventional Arms Control Committee (NCACC), tabled in terms of section 23(1)(b) of the National Conventional Arms Control Act, 2002 (Act No 41 of 2002).
2. The Minister of Trade and Industry
(a) Report and Financial Statements of Vote 36 – Department of Trade and Industry for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 36 for 2011-12 [RP 311-2012].
3. The Minister of Science and Technology
(a) Report and Financial Statements of Vote 34 – Department of Science and Technology for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 34 for 2011-12 [RP 217-2012].
Correction: The following entry replaces item 1 under Tablings in the name of the Minister of Science and Technology in the Announcements, Tablings and Committee Reports of 5 September 2012, on p 2949.
4. The Minister of Trade and Industry
(a) Report and Financial Statements of the National Consumer Commission for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 310-2012].
(b) Report and Financial Statements of the Small Enterprise Development Agency for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 264-2012].
(c) Report and Financial Statements of the National Credit Regulator (NCR) for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 300-2012].
(d) Report and Financial Statements of the National Regulator for Compulsory Specifications for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 141-2012].
National Assembly
1. The Speaker
(a) Report and Financial Statements of the Public Service Commission (PSC) for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 228-2012].
COMMITTEE REPORTS
National Assembly
1. Report of the Portfolio Committee on Water and Environmental Affairs on the Agreement between the Government of the Republic of South Africa and the Government of the Kingdom of Lesotho, dated 5 September 2012.
The Portfolio Committee on Water and Environmental Affairs, having considered the request for approval by Parliament of the Agreement between the Government of the Republic of South Africa and the Government of the Kingdom of Lesotho on the Phase II of the Lesotho Highlands Water Project, recommends that the House, in terms of section 231 (2) of the Constitution of the Republic of South Africa, 1996, approve the said International Agreement.
Report to be considered.
2. Report of the Portfolio Committee on Water and Environmental Affairs on the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity, dated 5 September 2012.
The Portfolio Committee on Water and Environmental Affairs, having considered the request for approval by Parliament of the Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity, recommends that the House, in terms of section 231 (2) of the Constitution of the Republic of South Africa, 1996, approve the said International Agreement.
Report to be considered.
FRIDAY, 7 SEPTEMBER 2012
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1. Calling of Joint Sitting
CALLING OF JOINT SITTING OF PARLIAMENT
The Speaker of the National Assembly, Mr M V Sisulu, and the Chairperson of the National Council of Provinces, Mr M J Mahlangu, in terms of Joint Rule 7(2), have called a Joint Sitting of the Houses of Parliament for Wednesday, 12 September 2012 at 15:00, to conduct a debate on Heritage Day.
M V SISULU MP M J MAHLANGU MP
SPEAKER OF THE CHAIRPERSON OF THE
NATIONAL ASSEMBLY NATIONAL COUNCIL OF
PROVINCES
2. Calling of Joint Sitting
CALLING OF JOINT SITTING OF PARLIAMENT
The Speaker of the National Assembly, Mr M V Sisulu, and the Chairperson of the National Council of Provinces, Mr M J Mahlangu, in terms of Joint Rule 7(2), have called a Joint Sitting of the Houses of Parliament for Wednesday, 19 September 2012 at 14:00, to congratulate and honour Dr Nkosazana Dlamini Zuma on being elected as Chairperson of the African Union Commission.
M V SISULU MP M J MAHLANGU MP
SPEAKER OF THE CHAIRPERSON OF THE
NATIONAL ASSEMBLY NATIONAL COUNCIL OF
PROVINCES
TABLINGS
National Assembly and National Council of Provinces
1. The Speaker and the Chairperson
(a) Report and Financial Statements of the South African Human Rights Commission (SAHRC) for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 207-2012].
National Assembly
1. The Speaker
(a) Letter from the Minister of Water and Environmental Affairs dated 28 August 2012, to the Speaker of the National Assembly explaining the inability of the Department of Water Affairs to submit the 2011/12 Annual Report and the audited financial statements to National Treasury by 31 August 2012.
INABILITY OF THE DEPARTMENT OF WATER AFFAIRS TO SUBMIT THE 2011/12 ANNUAL REPORT AND THE AUDITED FINANCIAL STATEMENTS TO NATIONAL TREASURY BY 31 AUGUST 2012
In terms of section 40 (1) (d) (i) of the PFMA, 1999 (Act No. 1 of 1999 as amended) “the accounting officer of an institution must submit within five months of the end of the financial year to the relevant Treasury and to the Executive authority responsible for that department;
i) An annual report on the activities of that department during that financial year;
ii) The financial statements for that year after those statements have been audited; and
iii) The Auditor-General’s report on those statements”.
My Department is still awaiting the Auditor-General report for the Water Trading Entity. Although the Annual Financial Statements for the Main Exchequer Account were submitted to the Auditor-General on 31 May 2012, the Annual Financial Statements for the Water Trading Entity were only submitted on 18 June 2012.
The Audit Committee reports for both the Main Exchequer Account as well as the Water Trading Entity are also being awaited, resulting in a delay in terms of the finalisation of the Annual Report.
It is therefore expected that the Department of Water Affairs will not be able to submit the 2011/12 Annual Report on the 31 August 2012, in terms of section 40 (1) (d).
Notwithstanding this challenge with regard to the receipt of the Audit Committee and Auditor-General reports, the Department will ensure that the annual report, including the annual financial statements and audit reports of the Department are tabled no later than 30 September 2012.
Yours sincerely
signed
MRS B E E MOLEWA, MP
MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS
DATE: 2012/08/28
MONDAY, 10 SEPTEMBER 2012
ANNOUNCEMENTS
National Assembly
The Speaker
1. Request for assistance from Public Protector
(a) A letter dated 13 July 2012 has been received from the Public Protector, Adv T N Madonsela, informing the Assembly of allegations of maladministration and governance failures against the Public Protector and her Office and requesting the Assembly to inquire into the allegations.
Referred to the Portfolio Committee on Justice and Constitutional Development for consideration and report.
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Labour
(a) Report and Financial Statements of Vote 18 – Department of Labour for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 18 for 2011-12 and the Report of the Auditor-General on the Financial Statements and Performance Information of the Sheltered Employment Factories for 2011-12 [RP 171-2012].
(b) Report and Financial Statements of the Commission for Conciliation, Mediation and Arbitration (CCMA) for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 288-2012].
(c) Report and Financial Statements of the Unemployment Insurance Fund (UIF) for 2010-2011, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 298-2012].
(d) Report and Financial Statements of the National Economic Development and Labour Council (NEDLAC) for 2011-12, including the Report of the Independent Auditors on the Financial Statements for 2011-12.
(e) Report and Financial Statements of Productivity SA for 2011-12, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2011-12 [RP 165-2011].
COMMITTEE REPORTS
National Assembly
1. Report on the follow-up oversight visit by the Portfolio Committee on Human Settlements to the Eastern Cape, dated 8 August 2012.
The Portfolio Committee on Human Settlements, having conducted an oversight visit to the Eastern Cape on 27 November to 2 December 2011 in relation to the implementation of the human settlements strategic plans, projects and programmes, reports as follows:
1. Background
In terms of the RSA Constitution of 1996 and Parliamentary Rules, the Portfolio Committee on Human Settlements (the Committee) has a responsibility to conduct oversight over any executive organ of State that falls within its portfolio. In line with this mandate, the Strategic Plan of the Committee undertakes to conduct provincial visits to oversee the implementation of project plans and programmes. The Committee also undertakes to evaluate progress made and identify any challenges encountered in the implementation processes. Furthermore, the Committee seeks to promote and enhance co-operative governance principles in the Human Settlements delivery services. To fulfil its strategic plan the Committee conducted an oversight visit to the Eastern Cape during the third term of the Parliamentary Programme from 27 November to 2 December 2011.
1.1 Objectives of the visit
The objective of the oversight visit was to receive briefings from the MEC and the Provincial Department of Human Settlements on the findings and recommendations made by the Committee after conducting an oversight visit in 2009 in relation to the Eastern Cape human settlements projects. The Committee was briefed on the following issues:
* Progress on the recommendations made by the Committee during 2009 oversight visit;
* Implementation of a comprehensive integrated human settlements strategy in the province;
* Performance in meeting service delivery targets set for 2010/11 and challenges encountered and whether there has been value for money;
* The role played by the public and private sectors in service delivery;
* Plans, programmes and progress in the implementation of rural sanitation;
* Plans, programmes and service delivery targets for 2011/12;
* Progress report in support of the disaster-affected communities;
* Blocked projects and plans to unblock them;
* Progress in the implementation of the Urban Settlements Development Grant (USDG);
* Status on audit of poorly constructed houses and cost implications for rectification of such houses;
* The number of informal settlements, the plan and the progress in upgrading such settlements, including community residential units (CRUs);
* Progress in the implementation of Farm Worker Assistance Programme;
* The coordination and management of the beneficiary list and the incorporation of backyard dwellers into the provincial housing database;
* The use of alternative technologies in the construction of houses.
2. Delegation
The multiparty delegation consisted of Ms BN Dambuza (ANC), Chairperson of the Committee and leader of the delegation; Ms JE Sosibo (ANC), Whip of the Committee; Ms D Dlakude (ANC); Ms AC Mashishi, (ANC) Mr AC Steyn (DA); Mr MA Figlan (DA) and Ms M Njobe (Cope).
2.1 Officials from the national Department of Human Settlements
The delegation was accompanied by Mr L Jolobe, Chief Director: Transformation; Ms M Pine, Office Manager: Transformation; Ms T Mabalane, Deputy Director: Peoples Housing Process; Mr M Kraba, Director in the office of the Director-General; Ms N Thembani, Director: Rental Housing; Ms B Mkhabeli, Deputy Director: Strategic Management; Mr N Cele, Deputy Director: Project Implementation Support; Ms B Makou, Senior Secretary to Director: Rental Housing; Mr J Methula, Director: Stakeholder Management; Mr A Matshego, Deputy Director: Sector Information Management; and Ms A Qushu, Chief Planner: Monitoring and Evaluation.
2.2 Officials from the provincial Department of Human Settlements
The delegation was accompanied by Mr S Nojoko, Regional Director: Amathole; Ms O Njontini, Senior Regional Manager: OR Tambo District; Ms N Koyana, Director: Social and Rental Housing, Ms M Ndoni, Deputy Director: Nelson Mandela Metro; Mr W Perks, Regional Director: Cacadu; Mr B Panda, Regional Director: Chris Hani District; Ms N Mntwini, Acting Chief Director: Strategic Management; Mr DA Mpendu, Chief Director; Ms T Nzuzo, Chief Director: Legal Advice Services.
Parliamentary officials
The delegation was accompanied by the following parliamentary officials: Ms K Pasiya, Committee Secretary; Mr G Rhoxo, Acting Committee Secretary; Mr L Tsoai, Committee Researcher, and Ms K Tshoma, Committee Assistant.
3. Summary of the report
The delegation received briefings from the Eastern Cape Department of Human Settlements and from different districts and municipalities (Amathole, Chris Hani, OR Tambo and Nelson Mandela Bay Municipality). The briefings mainly focused on the progress made on service delivery implementation, compliance with policies and legislative prescripts and the impact of such policies in changing the lives of the people for the better. In addition, the briefings also touched on whether there was value for money as well as challenges facing the province in implementing such programmes and policies.
4. Overview of the meetings and site visits (27 November 2011)
4.1 Meeting with the Department of Human Settlements
The delegation was welcomed by the MEC for Human Settlements and Safety, Ms H Sauls-August. The MEC informed the delegation that the province had developed a new Delivery Service Model that would respond to institutional challenges. The province had taken a resolution to reduce its delivery targets and the national Department of Human Settlements had agreed to the new targets.
The province had launched Zanemvula Multi-Purpose Centre and Ngqura project. Some municipalities had failed to implement the projects and hurled them to the province. The national audit task team on sanitation led by Ms NW Madikizela-Mandela visited the province to audit the status of sanitation, and the province was awaiting the outcome. There had been a huge expectation about service delivery in province but the province was encountering challenges with bulk infrastructure. Nevertheless, the province was intending to engage the financial institutions to assist with the installation of bulk infrastructure.
The Chairperson of the Committee, Ms Dambuza, welcomed the opportunity given by the MEC to the delegation to exercise its constitutional mandate. She also appreciated the presence of representatives from all spheres of government, including other relevant departments. She further praised the province for proper coordination of the visit compared to the previous visits when other spheres of government were not part of the initial briefing session. The Chairperson, as the leader of the delegation, presented the objectives of the visit and reiterated the recommendations made by the Committee during its previous oversight visit in 2009 as follows (in summary):
1. The Committee strongly recommended that every development should comply with the Human Settlements principles and policies Breaking New Ground (BNG). Houses which are handed over to beneficiaries should conform to these principles. Each house should be equipped with access to water, sanitation and electricity as these are basic rights for each and every citizen. If some of these services in selected circumstances cannot be provided on a permanent basis, temporary arrangements should be put in place. Greening projects, as well as sports grounds, have to be built in places where people reside.
2. Intergovernmental and intra-governmental planning should be seriously considered to address the bulk infrastructure and provide sustainable human settlements (all amenities).
3. The national department should consider a national policy to coordinate and manage beneficiary lists that would take into account the active public, municipalities and provincial participation, e.g. housing forums.
4. Municipalities that have appointed implementing agents to act on their behalf should take charge of the development as this is a delegated responsibility.
5. Project managers have to reside closer to the projects which they were managing.
6. Project inspections by the provincial department should be conducted properly to ensure that good quality projects were completed on time.
Mr G Sharpley, the Head of Department (HOD): Human Settlements and his senior officials reported on progress on the recommendations as highlighted in the 2009 oversight report as follows:
* The provincial department worked closely with municipalities to ensure compliance with electricity connections and access to water and sanitation in all housing developments. In rural housing projects, a rainwater tank for water harvesting and Ventilated Improved Pit (VIP) were provided. In urban housing developments, the department was challenged by the lack of infrastructure to which each should link internal services. He further confirmed challenges affecting human settlements projects in Malitswai and Ikhwezi local municipalities, which included blocked projects, as well as alleged irregularities around the project management and inappropriate utilisation of state subsidy houses.
* The provincial department was also supporting 39 municipalities in the development of Human Settlements chapters of nntegrated development plans which emphasized alignment of the Human Settlements Development Grant with municipal infrastructure plans. In 2011/12, the Housing Needs Register was introduced. It was also guiding municipalities in the establishment of housing allocation committees.
* The provincial department was involved in the King Sabatha Dalindyebo Presidential Initiative where intergovernmental and intra-governmental planning principles were a practical test and the provincial department formed part of the steering committee. The project was set to deliver 17 450 units, (650 low-cost housing and the rest was earmarked for gap market opportunities). The province had committed R141 million for the project. An amount of R86 million was allocated for the planning phase for 2011/12 and R41 million had already been released to address bulk infrastructure challenges.
* The provincial department was implementing the national minimum norms and standards for a 40 m² house. Tender specifications were developed along pre-determined norms and standards. Project inspections sought to enforce compliance with the set norms and standards.
* As part of its comprehensive contract management strategy, the provincial department was engaging municipalities on the implications of the service delivery agreements that the province entered into with municipalities that were appointed as developers of housing programmes and projects. This included institutionalising performance reporting by municipalities. The USDG-benefiting municipalities were not ready to embrace the grant implementation and the province was in the process of finalising the intergovernmental relations protocol.
* All projects (13 000 units) for 2011/12 were enrolled with the National Home Builders Registration Council (NHBRC). However, the province reported that 53 000 of the previously constructed units had been assessed. A decision was taken not to conduct any assessment of units less than 28 m², but to demolish them. Furthermore, the NHBRC would not be part of the implementation of rectification as it could not be a regulatory body and an implementing agent (referee and player).
* In her response to the management of the beneficiary list, the MEC indicated that the provincial standing committee proposed that the beneficiary list should be gazetted to prevent irregularities and maladministration by the municipalities. The province would consider the matter and table it for discussion in the national workshop which would be held in February 2012.
* The Cala and Elliot projects which were allocated to emerging contractors were being investigated by the Special Investigating Unit. In Sundays River, the province was in the process of unblocking five blocked projects. An amount of R21 million had been allocated and four contractors were on site.
* The province had strengthened its monitoring and evaluation unit to verify whether houses were completed in line with the required norms and standards and the MEC had launched a “Know Your Project” campaign.
Having responded to the recommendations, the HOD presented provincial plans for 2011/12 as follows:
* Departmental Priorities for 2011/2012;
* Progress report on priorities;
* Progress on delivery targets;
* Planned recovery on housing delivery;
* Expenditure as at 30 September 2009 and recovery plan;
* Roll-out of new Service Delivery Model (SDM);
* Background to SDM;
* Addressing key institutional capacity constraints;
* Capacity of municipality as developers;
* Beneficiary management issues;
* Enhancing Provincial Human Settlements Policy Framework;
* Medium and long-term human settlements planning.
4.1.1 Departmental expenditure as at 30 September 2011
Budget allocation for the financial year
R 2.425 billion
Total expenditure from 1 April to 30 September 2011
R 841, 399 million
% expenditure to date
34.9%
Budget allocation
Budget
Expenditure
% expenditure
Equitable share
246,555
120,452
49%
Conditional grant
2,178,387
726,946
33%
TOTAL
2,424,942
847,398
35%
4.1.2 Concerns and comments by the delegation
The delegation welcomed the presentation and commented as follows:
1. The provincial department should consider using alternatives sanitation rather than the Ventilated Improved Pit (VIP) latrine as lack of maintenance of those can become hazardous to communities. The province should have a provincial steering committee for sanitation to accelerate delivery especially in rural areas. The provincial department was advised to consult the Council of Scientific and Industrial Research (CSIR) for building materials which will help the department to reduce costs.
2. Greening needed to be fostered and the communities should be encouraged to look after their gardens and tree that were donated. Non-governmental organisations should be unleashed to make sure that every house is reached.
3. The housing allocation committee should assist in identifying the communities that are in need of houses and it should also work with municipalities. The committee should also assist in management of beneficiary list.
4. The contractors should not act on behalf of the councillors by handing over houses and giving beneficiaries’ happy letters to sign. As most of the time those houses were not inacceptable conditions and some houses were not completed.
5. Despite the report presented, the National Home Builders Registration Council was still facing challenges with enrolments of projects. Most units were not enrolled with the Council. A report showing the number of houses enrolled, registered and inspected was requested to be forwarded to the Committee.
6. The department should not appoint the same contractors that constructed inferior work to do rectification. The department should also forward the list of all blocked projects to the Committee
7. The delegation requested the provincial department to forward a report in the Voucher Scheme programme that was piloted in Umhlontlo and Mzimvubu municipalities. It further requested that an exact number of houses that required rectification should be provided to the Committee. A list of planned projects with timeframes as well as the list of blocked projects should also be made available to the Committee.
4.1.3 Provincial responses to the delegation’s deliberations and comments
1. In responding to disaster intervention, it was reported that an amount of R56 million has been received to address the backlog. The province was developing a plan to respond to future disasters and the report would be forwarded to the Committee.
2. With regard to blocked projects, the province reported that it had 40 blocked projects, of which some were inherited from Thubelisha. For the following projects, namely Ngquza Hill, Mt Ayliff and Mt Frere, it was reported that contractors had been appointed to unblock them. The Kenta Developer contract was terminated in March 2011. The provincial department undertook to provide a list of planned projects to be unblocked in some areas such as Cacadu District Municipality, Nelson Mandela Bay Municipality (NMBM) and the Buffalo City Municipality. In Maclear in Ukhahlamba District Municipality, a contractor which was appointed to construct 220 units withdrew due to a lack of access roads to the project. It was reported that a decision was taken that all projects above R5 million would have to be approved by a tender board.
3. Rectification programme – Matatiele projects were set for 2012/13, and the Zimbane Waterfall project was waiting funding from the national department. In NMBM a re-rectification was done. In Ducats second level assessments were conducted and the rectification would be implemented in 2012/13. It was also discovered that there were only eight sites that were suitable for development on the vacant land. Temporary shelters were provided. In Sweet Waters a contractor’s contract was terminated due to non-performance.
4. Contractor development programme – 17 contractors were trained in NMBM and the provincial department was assisting with mentorship.
5. Alternative technology – 28 companies were registered, however only seven qualified with every specification. Projects were allocated for construction at Port St John’s, Matatiele and OR Tambo rural areas. In terms of Molterno Airstrip projects, services had been installed. However it was reported that alternative technology would no longer be implemented. The project was on open tender and 500 units were targeted. The project where 1127 units were to be constructed was also challenged by bulk infrastructure provision and the beneficiary list registration.
6. In Ducat, pit latrines have been emptied and some repaired. However, the province had requested the Buffalo City Municipality to incorporate Ducats in its plans.
7. With regard to office space, the provincial department indicated that it had purchased land in King Williams Town where it was going to construct its offices and also accommodate the sanitation team.
8. The Development Bank of Southern Africa has a People’s Housing Process project in Mqanduli and was also providing training to skill the communities.
9. On the issue of illegal occupancy, the province was collaborating with the police to remove illegal beneficiaries and was trying to bring on board the eligible beneficiaries, thus include challenges in Jansenvelle, Klipplaat and Dansandi.
10. It was also reported that the province had 650 projects in its database.
11. In regard to research capacity, the province indicated that it was in the process of signing an agreement with Nelson Mandela Bay University.
12. The risk management plan had been presented to the provincial risk management committee.
Another challenge raised by the province was the issue of NMBM’s revolving fund (estimated over R100 million) which was established in 2002. It was alleged that the NMBM used this fund to initiate projects without approval by the province, thus making it difficult for the province to monitor as these did not form part of the provincial project database. However, it was reported that R120 million had been approved by the province for 2011/12. Furthermore, there was reluctance by the NMBM to report on USDG expenditure, stating that it would report directly to National Treasury.
The Head of Department: Human Settlements further reported that the priority projects were doing well in the province. He mentioned challenges with regard to the acquisition of land. He made reference to a farm in Orange Groove that was being sold for R15 million but after three years of struggling, the farm was evaluated and the negotiated price came down to R3,2 million. The provincial department reported that eight land parcels would be made available on this farm.
There was a challenge when it came to rectification. The policy indicated that houses that were due for rectification (less than 28 m²) should be rectified according to the current specification. This raised questions from community members whose units were less than 28 m² and whose unit had no serious defects.
Assessments of staff were conducted and reassignments were done according to their skills and capacity. In regard to Amalinda Housing Co-operatives, the Chief Director: Transformation, Mr Jolobe, was seconded from the national Department of Human Settlements on a two-year contract to assist the province. The co-operative was challenged by the lack the bulk infrastructure. Temporary structures were requested (63) and the beneficiaries were reported to have a preferred contractor to build their houses, which posed a challenge for the provincial department. With regard to office space, the provincial department was building offices for the sanitation team but the provincial department was not going to manage the team. The department had found value in the Housing Development Agency as a developer in the Nelson Mandela Bay Municipality and as a land inquisitor in some areas.
4.2 Meeting with Buffalo City Municipality (28 November 2011)
The Buffalo City Municipality was led by Councillor Stella Osborn, who tendered apology for the Executive Mayor, Clr Z Ncitha, who attended the COP17 Summit.
A brief overview of the purpose of the meeting was outlined by the leader of the delegation. She pointed out that through its oversight visit the delegation intended to ensure that funds appropriated by Parliament were being spent effectively and efficiently and in accordance with the mandate of government. She explained that the delegation was especially interested in the expenditure of the Urban Settlements Development Grant (USDG), a new grant allocated to some of the municipalities such as the Buffalo City Municipality. The delegation was also interested in the plans to mitigate the effects of climate change and plans that would ensure an appropriate response to climate change in accordance with goal seven of the Millennium Development Goals, namely universal access to improved basic sanitation services and improving lives of the people living in informal settlements.
Mr D Govender, Project Manager, briefed the delegation. The municipality was working closely with the national Department of Human Settlements. The municipality had 230 rural villages, 154 informal settlements. Eighty four informal settlements were in Mdantsane and some were due for formalisation. Land ownership was a challenge in the municipality. However, state land was in abundance but the land parcels from the parastatals were costing much. The municipality was using alternative technology in some projects, especially social housing projects.
The municipality had established a new housing register for the upgrading of informal settlements. It had a plan to upgrade 14 informal settlements by 2012/13. The municipality required R53 million for the eradication of inadequate sanitation (chemical toilets). Nevertheless, the municipality had decided to provide semi-permanent ablution blocks to avoid wastage of capital as the blocks would be demolished in due course. A detailed study on informal settlements was concluded and would assist the municipality in moving towards more integrated development. There were plans to concentrate on rental social housing in Bisho and King Williams Town and those were underway. It was also reported that the municipality had blocked projects that arose during the time of Thubelisha.
The municipality had a challenge in bringing people closer to the city. It was hindered by civil infrastructure capacity, under development and maintenance. Most of the projects did not have access roads and had insufficient bulk water supply. Mzomnyama Dam level has been reducing thus resulting in limited water supply for treatment works. Beneficiary management remained a challenge. Reluctance by Eskom to electrify completed houses was a challenge thus resulting to vandalism of such units as benefeciaries were refusing to occupy uneletrified house.
Following the presentation by the municipality, the delegation raised the following issues:
* Most of the projects that were reported on were still at tender stage.
* The prioritisation of rural sanitation was very crucial, as well as the need for the municipality to work with research institutions on the issue of sanitation and the related backlog.
* The Housing Development Agency should be fully involved in the release and acquisition of land.
* The municipality should ensure the credibility of the beneficiary list and the municipality should involve the community in the management of the list.
* The allocation of emergency housing to disaster victims should be shortened.
* Registration of local social housing institutions with the Social Housing Registration Authority had to be fast-tracked and those should be capacitated for accreditation.
* There was a need for a common definition of the bucket system; therefore the national department had to provide a standard definition.
* The provision of pit toilets was not sustainable.
* Accreditation of municipalities should not be for the sake of compliance but there should be existing capacity on the ground.
* Development of a strategy to harvest and conserve water (provision of Jojo tanks) should be considered seriously, especially in rural areas.
* Use of the Urban Settlement Development Grant (USDG) for purposes other than sanitation and development of infrastructure was a concern.
* In the absence of a policy on backyard dwellers there was a need for a national policy on backyard rental.
* Compliance with the current policy on rectification was very critical. Rectification would be done in accordance with current specifications as part of restoring human dignity.
* The upgrading of informal settlements had to be prioritised.
* It was necessary to have an integrated strategy in terms of both rural and urban development.
The delegation requested that the municipality furnish the Committee with the following reports:
* Status report on blocked projects;
* Strategy aimed at job creation, including the number of jobs to be created and the type of skills to be transferred.
* Plans to assist families affected by disasters.
* Housing backlog;
* List of registered and accredited social housing institutions;
* Duncan Village rectification and progress to date.
The councillor responsible for Human Settlements, Mr Mahodi, informed the delegation that the calendar (financial year) of the municipalities and that of the national departments was not synchronised and was a challenge for the municipality.
The council inaugurated in 2011 decided to hold a strategic session and involve all directors in order to ensure alignment of plans to key spatial planning frameworks. The traditional leaders have been inaugurated to play a key supporting role to the council in order to address the development challenges experienced in rural development. It was reported that research on backyard dwellers had been conducted and hence there was no rental policy at the time and that bylaws would be applicable.
With regard to disasters, the province was providing emergency houses within seven days; however there was a need to develop a policy on determining the destitute. Rectification of phase 1 was completed but Duncan Village was not been completed due to a funding shortfall. Some contractors also added to the challenges affecting development as they encountered cash flow problems. The involvement of the CSIR had played a tremendous role in providing foundations. The Housing Development Agency was assisting the municipality with the identification of land. However, there were challenges with land owned by Department of Public Works.
4.3 Meeting with the Executive Members of the Amalinda Housing Co-operative
The leader of the delegation informed the meeting that the Committee received a complaint from the Amalinda Housing Co-operative in 2010. The provincial department and the Buffalo City Municipality were assigned to assist the co-operative and resolve the challenges encountered. The Committee observed that the national department did not take the development of the co-operative seriously, and therefore no policy was dedicated to it. The national department placed the co-operatives under social housing, of which these two have different principles. The Committee raised concerns over this arrangement because the principles of co-operatives are different from the principles of social housing.
The Chairperson of the Amalinda Housing Co-operative, Ms N Bottoman, briefed the delegation on the challenges encountered by the co-operative since its inception. The Amalinda Housing Co-operative was established in 1998 and was formally registered on 30 June 1999 with a membership of 198 households. The majority of the people comprising these households were unemployed or having irregular income. The co-operative followed the Peoples Housing Process, using institutional housing subsidies. A list of names of beneficiaries was approved by the department in 2002.
The Head of Department: Human Settlements had assisted the co-operative with 63 temporary structures. It was difficult to allocate members but the co-operative managed to settle some beneficiaries. There were only 196 beneficiaries approved out of 216.
The delegation requested Mr L Jolobe to assist the Amalanda Housing Co-operative in resolving the challenges and to report progress to the Committee. The delegation further recommended that the councillors should be involved and take part in the decision-making process in regard to housing delivery.
4.4 Site visit to Duncan Village pilot project
The project was started in 2010 as a pilot project under the Breaking New Ground (BNG) policy to showcase various housing typologies, which included semi-detached units and walk-ups. The project was located in close proximity to central businesses and social amenities. Most of the beneficiaries who qualified for a full housing subsidy earned less than R3 500 per month. The sizes of the units ranged from 40 m2 to 48 m² with allowances made for stairs. In total there were 344 units whose beneficiaries would be issued with title deeds. The project was due for completion in 2011.
Beneficiaries would be relocated from Duncan Village on completion of the project. This was going to be done based on the subsidy quantum. A technical committee was established to monitor progress on the construction of units and was working closely with the provincial Department of Human Settlements.
The delegation was also informed of a budget shortfall of R1.4 million. The reason for the shortfall was that the municipality had experienced a legal challenge in the appointment of a contractor and the court ruled in favour of the contractor.
During the site visit the contractor raised issues of delayed payment and non-payment on the part of the municipality. Payment was therefore not done within the stipulated 30-day period, which was in contravention of the Public Finance Management Act (PFMA). According to the contractor, the municipality gave him more than one beneficiary list which caused confusion over which beneficiary list was the correct one. The delegation advised that completed houses should be allocated to beneficiaries for occupation as soon as possible.
The Chief Director, Mr Nojoko, informed the delegation about the different building typologies, i.e. semi-detached houses, low-cost income houses and walk-ups. The standalone houses were 40 m² in size. The walk-ups were 48 m² to allow for staircases. The beneficiaries were reallocated from Duncan Village to the new development. The project management team was appointed to oversee the re-allocation and ensure that it was conducted in a fair manner. The houses were based on a subsidy quantum. A technical committee consulted community members with regard to progress made. The Duncan Village project was integrated with the social housing development.
The delegation emphasised that the completed houses should be allocated to the beneficiaries for occupancy by 15 December 2011 as well as the other 44 units completed on the other site.
4.5 Site visit to Own Haven rental housing project
Mr Rayi led the delegation on a visit of the rental housing project. The project had 249 units which were fully occupied. The project was located in close proximity to amenities such as schools, shops, a swimming pool, a church, a library and public transport, etc as stipulated in the Breaking New Ground (BNG). The units accommodated people in the R1 500 to R7 500income band and offered tenants an option of bachelor units, single units and two-bedroom units. The rent ranged from R750 to R2 200. Funding for the project was in three forms, namely national finance through the Social Housing Regulatory Authority, provincial institutional subsidy and loan finance.
Some tenants complained about the state of their units, particularly on the poor-quality finishing. When it rained, water leaked through the roofs of 5th and 8th-floor units, and as a result these units were damp. The matter was communicated to the Client Services Manager of the Own Heaven rental housing project, Ms T Yawa, who accompanied the delegation. The Manager claimed that she was not aware of the problem. It was agreed that the Manager would attend to the problem.
4.6 Site visit to Sweet Waters
The Regional Director led the delegation on a visit to Sweet Waters. The project was launched in 2002 with 600 youths who were awarded a total of 120 units to build as part of phase one of the project. However, the youth failed to meet the target and the units were poorly built. Those units had since been assessed for rectification.
Ntabeni Construction Company was subsequently awarded a contract to continue with the project. However, the contract was terminated due to inferior workmanship and because the company had used corrugated iron. MMS Building Company was awarded the contract and constructed 410 units each measuring 40 m² (two-bedroomed house) with a tiled roof. Each house had running water, a toilet, a shower and a basin. However, the other part of the settlement was still without water supply or connection. This problem was attributed to the theft of water pipes. During the time of the oversight visit, the project had stalled.
During interaction with the residents, the following concerns and complaints were raised:
* Lack of electricity which compelled residents to make use of paraffin;
* High crime rate, especially at night;
* When it rained, the roofs of some of the houses leaked and the houses remained damp.
* Sixty five houses had structural defects and required rectification.
The delegation enquired whether it was possible for the municipality to recoup the money from the contractors that were responsible for inferior workmanship. The delegation also suggested that different designs should be used in the construction of houses and that a lighting mast should be installed as an interim measure until such time that all houses in the area were supplied with electricity.
4.7 Site visit to Manyanani – alternative technology
The Regional Director led the delegation on a visit to Manyanani which used to be an informal settlement. Eight hundred beneficiaries were approved and were relocated whilst their houses were being built. During the time of the visit, only one house had been built. The purpose of building the house was to showcase an alternative technology to the beneficiaries. The informal settlement had some political challenges and the project team was working with the community to try and resolve the challenges. A project steering committee had also been established.
4.8 Meeting with the Nelson Mandela Bay Municipality (NMBM) (30 November 2011)
The delegation was welcomed by the Chairperson of the Standing Committee on Human Settlements in the municipality, Councillor Desi, who tendered an apology on behalf of the Executive Mayor, Councillor Z Wayile. The municipality had relocated residents to safer areas (relocation sites/transit areas). It had also taken drastic measures to ensure that there was no re-occupation of vacant land. The municipality had an anti-land invasion unit that patrolled vacated sites to ensure that the land was not re-occupied. The strategy against land invasion was also assisted by the involvement of stakeholders in relation to relocation and good working relationship with the local police and other law enforcement agencies. The municipality was, however, of the view that the legislation governing eviction from land occupied illegally needed to be reviewed because it was difficult to move people from land without an order of the High Court.
On the issue of emergency housing, it was reported that this was the competency of the province. However, there were discussions to devolve this function to the municipality but the process had since stalled. The municipality was also of the view that transit camps were not necessarily a solution as they often lead to the creation of slums. It supported the relocation people to serviced sites.
The delegation expressed appreciation for this as it was an indication that the municipality was committed to implementing its by-laws to prevent reinvasion of municipal land. The delegation was, however, of the view that the following issues needed urgent attention:
* Land release, land acquisition and the relationship with the Housing Development Agency;
* Affordable rental housing should be prioritised to meet the city’s housing demand;
* Awareness programmes on the Policy on Mortgage Default Insurance (MDI) should be conducted;
* Funding – the delegation was of the view that the municipality had to develop an efficient and effective strategy to collect revenue to complement the Urban Settlements Development Grant (USDG);
* Failure by the municipality to account for R502 million allocated for the USDG was of critical concern;
* Utilisation of the USDG for other purposes such as the building of community halls, etc was unacceptable;
* Concerted effort and a holistic approach in dealing with rural-urban migration should be applied;
* Credible data – the municipality should use local universities to assist with research work;
* Requisite management and administrative skills were required as this had a bearing on the accreditation of the municipality;
* The vacancy rate was unacceptable and needed to be prioritised;
* There was a need for collaboration between the province and the municipality in the provision of temporary relocation units (TRUs);
* Initiative to arrest ever escalating building costs;
* Co-ordinated efforts were required to mitigate the effects of disasters;
* Strengthening of intergovernmental relations with the provincial and national. Planning was crucial for cost effective and efficient use of resources;
* Better management of the beneficiary list;
* The fact that the municipality had a seven-year settlement plan yet it had no reliable or credible data was of concern;
* Cost of rectification;
* Lack of capacity; and
* Rural sanitation particularly for the farm-worker communities.
4.8.1 Observations
During the visit, the delegation observed that there was a lack of appropriate understanding and common interpretation of the purpose of the Urban Settlements Development Grant (USDG). This was observed during interaction with municipalities that had benefited from the USDG, in particular the Nelson Mandela Bay Municipality.
At the conclusion of meetings and site visits, the delegation requested the provincial and national Department of Human Settlements and the Nelson Mandela Bay Municipality to present a detailed report on the implementation of the USDG as the municipality only accounted for R95 million and the financial managers did not avail themselves before the delegation. The meeting was scheduled for 8 December 2011 in Parliament on the following issues:
* Implementation of the Urban Settlements Development Grant;
* R502 million budget vote expenditure;
* Quarterly Expenditure and Performance Report on the budget allocation (with monthly cash-flows);
* Intergovernmental Relations Protocol with respect to the implementation of the USDG;
* Grogro informal settlement and land ownership;
* Municipal Land Audit Report;
* Profile of the Nceba Faku Village in relation to service delivery; and
* Report on Record of Decision and challenges hindering the construction of houses for the residents of Fitch’s Corner.
4.9 Site visit to St Albans
The Chairperson of the Standing Committee on Human Settlements in the municipality, Councillor Desi, led the delegation on a visit to a vacant site in St Albans located opposite St Albans Correctional Services. The site was purchased by Thubelisha and was set aside for the construction of 330 houses for people residing in Fitch’s Corner informal settlements. It was later discovered that it was not suitable for human settlement development as it had water ponds. The municipality decided to sell the land to acquire money to purchase suitable land for the residents of Fitch’s Corner, which were few kilometres from the settlement.
4.10 Site visit to Kyra rectification project
Councillor Desi informed the delegation that the assessment for rectification in Kyra was completed and that the audit report had been submitted to the municipality. Roster Constructors who had been assigned to do the work was going to commence with the construction soon after the completion of the procurement processes.
4.11 Site visit to NU 29
The delegation was led by officials from the municipality to a newly-constructed site. The area used to be an informal settlement but the people had been relocated. The project was an in-situ upgrading programme. There were 1 200 sites to be serviced and two contractors were appointed to implement the project. The houses would be 40m2 in size and would be built where people were residing. If a person wanted a house of more than 40m², they would have to pay more money upfront.
The area had no amenities such as schools and recreational facilities. Children attended school in neighbouring settlements. Scholar transport was provided. The municipality indicated that there was a proposal in place to increase the number of classes that were available in order to accommodate more pupils.
The delegation viewed a two-bedroom house with a bathroom and a toilet. The delegation was impressed with the structure of the house but expressed a concern that the bathroom had no washing basin. The delegation recommended that houses that were still under construction should be fitted with a basin. The delegation also recommended that trees should be planted on every stand where human settlement development had taken place for climate change adaptation and mitigation compliance.
4.12 Site visit to Malaba Extension 6
The delegation was accompanied by municipal officials and a ward councillor to the sites. The municipal official reported that the project was an informal settlement upgrade. It was established about five to ten years ago. It had 106 households. Development would take place in phases. People would be moved, construction would take place and the people would be brought back after the houses have been completed. The in-situ upgrading in phase 2 was awaiting the environmental impact assessment. There was no proper sanitation and residents were excavating pits as toilets. The municipality had provided bucket toilets as a temporary measure and weekly refuse collection. Surprisingly when the delegation interacted with residents, they complained by saying that they sometimes used plastic bags to relieve themselves and then threw the bags on a nearby field. The delegation was dismayed by this practice and urged the municipality to provide proper and dignified sanitation to the community. The project manager, who also accompanied the delegation, indicated that bucket toilets were used as a temporary measure because ventilated improved pit (VIP) toilets required more funding, which was still a challenge.
When interacting with the community, the delegation discovered that the community had been living in Malaba Extension 6 for a period of approximately 18 years and there was still no tangible development. There was also no refuse collection.
The delegation recommended that the municipality should provide the community with ablution facilities. It further recommended that the municipality should provide feedback to the community by January 2012 on the plans and programmes that it would put in place to address the issues of sanitation.
4.13 Site visit to Grogro
The delegation visited Grogro informal settlement and engaged with members of the community. The delegation learned that land where the community resided was privately owned. The previous owner had reportedly donated the land to the community but there was no proper documentation to confirm this. The municipality was requested to provide a comprehensive report about the land issue because it was also discovered that some residents had been residing in the area for more than five decades. They started living there as farm workers.
Members of the community reported various challenges to the delegation, such as there being only one communal tap serving the whole community and that sometimes water supply would be sporadically cut off.
4.14 Briefing by the Councillor from NMBM
The municipal official informed the delegation that the owner of the land (Mr Van Rooyen) gave permission to the municipality before 1994 to accommodate about 30 families. The settlement had since grown and it was accommodating more than 300 families. The Deputy Mayor had given an undertaking that the land was going to be released and that houses would be provided to the community. The delegation recommended that the Housing Development Agency (HDA) should be brought in to assist with the negotiations and subsequently the release of that land.
4.15 Site visit to Chetty informal settlement
The delegation was informed that there are 600 incomplete houses that were due for rectification in the next financial year, 2012/13.
4.16 Site visit to Dispatch
The delegation visited the area and it was informed that the houses were due for rectification. Most of the houses were not constructed in a proper way, such as, no lentils, cracks on the walls and water leakages during rainy days. Furthermore, it was observed that the houses had no sanitation. The delegatioin also abserved that sewer pipes were not connected. The municipal official informed the delegation that those houses will be part of rectification programme that will be conducted in the next financial year 2012/13
4.17 Site visit to Missionvalle
The delegation was informed that the area was due for the upgrading. The delegation requested the municipality to report progress on the project on quaterly basis.
4.18 Meeting with Makana Municipality in Amathole District
The delegation was welcomed by the Executive Mayor who made a presentation to the delegation on the status of the municipality. In the 2010/11 financial year the Auditor-General expressed a disclaimer audit opinion on the municipality. Thereafter, the Chief Financial Officer was suspended. The Executive Mayor of Makana informed the delegation that the municipality had experienced service delivery protests. To address some of the issues that were raised by the community, the municipality developed a strategic plan called the Mayoral Imbizo which provided a platform for the community to raise issues that affected them.
The Municipal Manager informed the delegation that the eradication of the bucket system was 80% complete in formalised areas, except areas such as KwaNdancama and Eluxolweni Settlement. These areas had 33 and 69 houses respectively. In all the informal settlements the bucket system was still used by 207 households. Two senior officials who were responsible for water and sanitation were given a task to compile a comprehensive report on the challenges faced by the communities.
The Executive Mayor further reported that the eradication of the bucket system and the provision of bulk infrastructure was still a challenge. An amount of R2.6 million was allocated for the eradication of the bucket system. The Executive Mayor told the delegation that for the past three years (2009 – 2011), the municipality had not received a clean audit report from the Auditor-General. The municipality received support from the Department of Cooperative Governance and Traditional Affairs (COGTA) as well as from National Treasury. The delegation was further told that the Municipal Infrastructure Grant (R25 million) was not sufficient to address the service delivery backlog in the Makana Municipality. The municipality required at least R75 million to address the backlog. The Municipal Manager reported that an amount of R50 million was requested from the Development Bank of Southern Africa for the provision of bulk infrastructure. The municipality also faced challenges around the lack of human resource capacity.
The leader of the delegation expressed her appreciation for the presence of Councillors as public representatives and indicated that they were critical in driving and monitoring service delivery programmes. She pointed out that it is the responsibility of Parliament to oversee the quality and impact of services rendered to the citizens She indicated that in the State of the Nation Address, President Zuma pronounced on the eradication of informal settlements and the provision of proper sanitation as priority areas. She recommended that the issue of the mortgage default insurance policy should be taken seriously as it aimed to address the gap market in the delivery of housing.
4.18.1 Deliberations
The delegation raised a concern that there were no timeframes for the completion of the environmental impact assessments (EIAs) and that this might hamper the completion of projects. The delegation further advised the municipality to make contact with the CSIR who could assist with the provision of sanitation and the fixing of road potholes. The delegation recommended that in 2012/2013 financial year, the municipality should address issues that resulted in it receiving a disclaimer from the Auditor-General.
The delegation also expressed a concern over the high vacancy rate even though it was reported that the municipality faced capacity challenges. It urged the municipality to make use of the services from the Development Bank of Southern Africa to address its capacity challenges and improve service delivery.
The delegation enquired how much land the municipality had for human settlement development. It also enquired about the revenue that the municipality had collected.
4.18.2 Responses
The terrain made it difficult for the municipality to provide toilets. The area is mountainous and experienced heavy rainfall, which caused flooding of the excavated pits. This delayed progress. There was also a challenge of land that belonged to the church. Negotiations between the council and the church were taking a long time to be concluded. The municipality indicated that there were certain corrupt municipal employees who were taking bribes from people to drain their pit latrines. The municipality was addressing this. The finalisation of EIAs took a long time to complete and this hampered the approval and progress of MIG projects.
The municipality had not been reaching its targets for capacity development and was in the process of revising its organogram in accordance with its needs. The focus would be on the decentralisation of supply chain management as there was an amount of R65 million that could not be accounted for. On current projects, the there was a huge project of about 2 263 units that was running and rental stock was part of this project.
The municipality was experiencing challenges around the rectification of projects. It had submitted a plan to the national Department of Human Settlements on the needs of the municipality. The Eluxoweni settlement, which is a transit camp, was having a challenge with water connection and the sewer system. There was also a challenge with TRUs. The service provider submitted a plan to the district for development to commence. The municipality faced a challenge around the issue of land audit. It was reported that the municipality revenue collection rate was up to 70%.
The municipality undertook to furnish the Committee with the reports containing information about the vacancy rate and plans to address it. On the issue of disaster management, the municipality stated that this was the competency of the district and an amount of R10 million had been set aside for this purpose. The municipality was still awaiting the service level agreement from the district.
On the issue of backlog, the Director for Infrastructure indicated that the municipality had a backlog of 12 000 units. There was also a challenge regarding poorly constructed houses but a submission was made to the national department about the issue. Constructed houses were registered with the NHBRC and were inspected. A policy on sanitation was the competency of the Department of Water Affairs and the Environmental and the implementation resided with the Department of Human Settlements, while the MIG was implemented by the municipalities. He urged that Parliament to address this as it was posing a challenge when it came to developments.
Councillor Gaga explained that the Makana Municipality was declared a road disaster municipality and an amount of R4 million was allocated for rectification, but this amount was not enough as the challenge was huge. Under spending was singled out as a serious challenge but the council was addressing it. The Councillor pleaded for help from Parliament for the construction of road infrastructure and rectification. All of these needed a budget of R11.6 million. The income for the municipality was R296 million in the 2011/12 financial year.
In closing, the Mayor of Makana stated that there had been slow progress in addressing the effects of disasters in the area, particularly the ones that took place between 2006 and 2008. He urged the provincial department to speed up the rectification of Extension 9 (Vukani). He reported that the municipality had 69 vacant posts and 581 permanent staff members. The contracts for senior employees (Municipal Manager, Finance, and Corporate Services), which are deemed section 57 employment contracts, were going to expire on 31 October 2013.
4.18.3 Recommendations
The delegation recommended that there should be a policy alignment on sanitation between COGTA, the Department of Water and Envoronmental Affairs and the Department of Human Settlements.
The Department of Human Settlements should be leading the coordination and planning of sanitation service delivery issues and resource mobilisation.
4.19 Site visit to Peddie
The Mayor tendered an apology to the delegation on behalf of the municipal officials who attended a council meeting.
The Regional Director, Mr Nojoko, informed the delegation that 322 houses had been completed and were within an agreed standard by the department. The province had targeted to complete 710 units by March 2012. A total of 100 beneficiaries had already taken occupation of some of the houses which were registered with the NHBRC.
It took a bit longer to kick-start the project due to some technical challenges that were experienced at the time. It proved difficult to locate beneficiaries as some of them had changed their addresses and had since relocated.
The delegation raised a concern about the missing beneficiaries and recommended that the province should ensure that it updated the beneficiary list, traced the missing ones and established which ones were deceased. Those who had relocated to places such as Cape Town should be contacted to determine their economic status because they might have found work but have left their families in rural areas. Such individuals might need to be provided with housing in their areas of origin.
There were pieces of land that fell under traditional leadership which posed a challenge when such land parcels hade to be released for human settlement development. The demand for housing was high among the middle and high-income groups.
The delegation indicated that the issue of electricity could be mitigated by providing solar energy panels. Households should also be provided with water services. On the issue of rental stock, the Social Housing Regulatory Authority should be brought in to assist the municipality because it could provide a temporal solution for people who were in the middle income bands. The delegation however, expressed its satisfaction with the quality of houses that were built.
4.20 Meeting with Inxuba Yethemba Municipality - Chris Hani Municipality
The delegation was welcomed by the Executive Mayor, Ms N Goniwe. The delegation was informed that the rectification work that was in progress at the time would only be completed in 2015. The delegation was concern on the way the rectification programme was handled and even on the timeframes (to long). The delegation expressed its dismay at the slow pace at which work was being carried out by the municipality.
The delegation provided a brief outline of the purpose of the oversight visit. In undertaking the oversight visit, the delegation was interested in seeing how government programmes were being implemented to improve the living conditions of communities. The delegation was interested in receiving a progress report on the following critical areas:
* Community involvement and participation in development;
* Accreditation of municipalities – in this regard the delegation expressed concern that accreditation was being done simply for compliance purposes whereas capacity ought to be one of the main considerations for accreditation;
* Integrated planning for the development of sustainable and integrated human settlements;
* Intergovernmental collaboration and improved intergovernmental relations;
* Creative designs of housing construction both in urban and rural settings;
* Implementation of the People’s Housing Process as well as the encouragement of the development of housing co-operatives.
It was reported that the “Middelburg crisis” needed to be prioritised because it had a backlog of 6 000 units. The Middelburg area consisted of five townships, two of which were Lusaka and Rosmead. The housing project in Middelburg was approved in 2008 but at the time of the visit no top structure had been built. As a result of inferior workmanship, houses were on the verge of collapsing.
The delegation was concerned that since 2009 no rectification of houses had taken place in the area. The Municipality explained that budget constraints had hampered efforts to improve the situation. The delegation did not accept this explanation and requested the provincial Head of Department to provide it with a report on the state of houses in the area (Chris Hani municipality). The Municipal Manager explained that the municipality faced a challenge of the provincial department changing specifications for the roof structure with the contractor and that had consequently resulted in inferior workmanship.
The municipality also raised concerns with regard to the inaccessibility of the provincial Department of Human Settlements. There was limited interaction between the municipality and the provincial department. The delegation was requested to assist in improving the interaction between the two bodies.
Even though the delegation acknowledged the challenge of a lack of funding reported by the district municipality, it was of the view that the municipality should prioritise projects, earmarked for development with the budget available in order to prevent the possibility of running into a risk of blockages which may results in blocked projects. The Municipality was also advised to be creative and use its own initiative to solicit funding from external sources.
The delegation expressed dissatisfaction in the manner the bulk infrastructure was done as it was not immediately followed by putting up the top structure. It was advised that cooperation with other departments in the development of infrastructure was important. The municipality needed to explore new ideas, research and creative thinking in the construction of houses and human settlements. In this regard, the municipality was advised to make use of nearby academic institutions to undertake research work.
4.21 Site visit to Hill Side in Ward 6 (rectification)
The project started in 2002 with 1 000 sites. Most of the houses required rectification. The houses had two bedrooms, open plan lounge and kitchen with no sink. Most of the houses had cracks. The houses did not have a bathroom, a shower or a washing basin. When the wind blew, sand would find its way into the houses through unproperly fixed corrugated iron roofing. Windows were cracking and doors were not closing properly.
The municipality indicated that the assessment for rectification had been done and that the final report would be submitted to the provincial Department of Human Settlements on 15 December 2011.
4.22 Atlanta in Ward 1 and Ward 3
Houses in both wards were on the brink of collapsing. An assessment had been completed. Most of the houses need to be demolished.
4.23 Middleburg Cape - Lusaka 595
During the visit to Lusaka Townvship, the delegation observed that a number of houses had bricks and stones placed on their roofs in an effort to prevent the roofs from being blown off by wind. The delegation felt that this was unacceptable and requested the provincial Head of Department to furnish it with a report on the state of houses in the area.
Lusaka was an old township and required revitalisation. An application for revitalisation had been made to the provincial Department of Human Settlements. Out of the number of applications submitted, only 80 units were approved because the conditions of the houses were undisputed. There were 130 outstanding units that were awaiting approval and the families were accommodated in temporary structures.
The temporary structures cost approximately R48 000 per structure. The municipality requested the delegation to assist it in trying to divert the money allocated for the construction of temporary structures to renovate the existing structures. The houses that were built on Mandela Day were in good condition and were quicker to renovate. Despite the request, the municipality was still of the view that temporary structures were necessary to accommodate families in distress due to their houses collapsing.
4.24 Site visit to Rosmead
Rosmead residents were residing on land owned by Transnet. Therefore the township establishment could not take place until the land had been transferred to the municipality by Transnet. Negotiations between Transnet, the provincial Department of Human Settlements and the Department of Cooperative Governance and Traditional Affairs over the possible transfer of the property to the municipality were underway. Delays in the negotiations to transfer the land hindered efforts aimed at providing services to the residents. The delegation suggested that the Housing Development Agency should also be approached to assist in the urgent release and transfer of the land.
4.25 Meeting with Nkwankca Municipality
The delegation was welcomed by the Executive Mayor, Mr Qhamagwana. He informed the delegation that the housing project in Molteno which falls under the Nkwankca Municipality had been completed even though a number of houses required rectification due to inferior workmanship. At the time of the visit, there was one project underway with completed bulk infrastructure and no top structure. The delegation was further informed that the anticipated time for the start of the construction work on the top structure was January 2012. The delegation was informed that contractors were compelling beneficiaries to sign ‘happy letters’ of satisfaction even though houses had defects. This contributed to inferior workmanship as houses were handed over to beneficiaries before completion. The Executive Mayor informed the delegation that beneficiaries were leasing or renting out their government-subsidised houses to shopkeepers, which was a practice over which the municipality did not have any power to curb or control.
4.26 Site visit to Molteno
The Mayor reported that an assessment of 1 200 houses in Sterkstroom and 907 houses in Molteno was done in 2009 by the NHBRC. The new project experienced challenges with bulk services (roads, sewers and water). The approved budget for the installation of bulk infrastructure in 2008/09 was insufficient.
The approved 2010/11 budget for the top structure was delayed due to the procurement processes. The municipality requested the MEC to intervene on the issue of delivery by the local contractors.
4.27 Meeting with the Chris Hani District Municipality
The delegation was welcomed by a councillor from the municipality, Mrs L Gunuza-Nkwentsha. All municipalities were represented by councillors and officials. The municipality faced challenges of infrastructure backlogs and insufficient funding for developmental programmes. In terms of the Local Economic Development (LED) plan, the area of Lukhanji (Queenstown) had been earmarked to be the hub of economic development. The municipality was of the view that the People’s Housing Process (PHP) could assist a great deal in local job creation. Rural housing was aligned with the traditional ways of housing construction to ensure that rural communities retain their traditional rural setting instead of being converted into townships.
The water challenge in the district coincided with winter when the water supply fell below 25%. Continued reliance on boreholes was not sustainable and the long-term solution for the district municipality was the provision of bulk infrastructure on a much broader scale. There was a budget requirement of R3.189 billion which excluded projects that were implemented and new projects to be registered for funding. The water backlog in households not serviced stood at 66 441 (35%) househplds and the sanitation backlog was at 104 009 households (55%). To eradicate the backlog the municipality needed a budget of R688 million. People in rural areas required jojo tanks as well as vegetable gardens. The municipality was of the view that the funding for water projects would not help the municipality meet government’s target of eradicating both the water and sanitation backlogs by 2014.
In regard to housing, the following challenges were highlighted:
* Insufficient grant funding to accommodate housing plans, programmes and timeframes;
* Existing projects amounting to an estimated R700 million to fund housing which was said to consume 2,5 years of MIG funding;
* Existing bulk services were inadequate to meet increasing demand and development;
* Time for project application, funding and registration could take between 6 to 9 months;
* Design, procurement and award could take a further 8 months; and
* Interdependency of projects to provide bulk services.
The municipality recommended the following:
* Lobbying to increase the funding allocation to address backlogs and the provision of services within what it termed ‘acceptable’ timeframes to both the Chris Hani Municipality and communities were critical.
* Housing development undertaken by the Department of Human Settlements should include funding for both new bulk services and the upgrading of existing bulk services.
* There was a need for more interactive processes and linkages between the provincial Department of Human Settlements and the Chris Hani District Municipality.
The presentation by the provincial Department of Human Settlements was rejected as the presentation demonstrated inconsistency with the information which was distributed to the delegation. Furthermore, the councillors that were present also confirmed that whenever the province came to their municipalities the information presented would be insufficient for municipalities to take it into their constituences. The province was advised to prepare clear plans and to invite the district and local municipality to be part of planning.
4.28 Site visit to Zola Township in Tarkastad
The delegation observed that houses in the area had been poorly constructed. The settlement lacked adequate sanitation facilities and the bucket system was in use.
The delegation requested the Chris Hani District and the Tsolwane local Municipalities to brief the Committee in Parliament on their plans, programmes and progress made. The date of a follow-up meeting was still to be communitated to the municipalities. The delegation immediately contacted the Head of Department to urgently intervene and he committed himself to visit the area the following Tuesday and the progress report was to be submitted to the Committee.
4.29 Meeting at OR Tambo District Municipality (2 December 2011)
The delegation was welcomed by the Councillor responsible for policy research and community liaison, Mr W Ngosi. Mr Ngosi tendered an apology for the Executive Mayor and Member of Mayoral Committee, Councillor Socikwa. Councillors from various municipalities were also in attendance. The municipality faced challenges of availability of funds to address the huge housing backlog.
The district had a total of 269 840 people living in inadequate housing. The district’s allocation of funds did not correspond with the housing needs. King Sabatha Dalindyebo (KSD) Municipality had a backlog of 17 000 units together with a lack of bulk infrastructure. The delegation was further told that the gap housing market was not in the plans of the district municipality and that the availability of land hindered the progress on service delivery.
In Mhlontlo Municipality 928 units had been completed and 1 000 units in Nyandeni and 1 300 units in King Sabatha Dalindyebo were still under construction. In KSD 4 597 units fell under the rectification programme. There was a challenge of capacity in most of the local municipalities. Accessibility to the project was also identified as a hindrance due to the poor condition of the roads.
Challenges hindering the acceleration of service delivery especially in housing delivery were as follows:
* The terrain in certain areas;
* Access to some sites was difficult due to the inaccessible internal roads;
* Land claims that took too long to be resolved;
* Lack of internal services and bulk infrastructure;
* Roads and storm water drainage were never constructed due to a lack of funds;
* Sewer reticulation was faulty and bulk sewer reticulation needed refurbishment;
* Malfunctioning sewer posed a huge health and environmental risk;
* Lack of contractors with necessary capacity to deliver housing projects; and
* Lack of material suppliers within the OR Tambo region.
The delegation was of the view that the following issues needed to receive urgent attention by the district:
* Elderly, destitute and vulnerable people needed to be included in housing allocation.
* Planning should be aligned with funding and geotechnical testing should be done within the current financial year.
* The district municipality should assist the municipalities in capacitating their employees.
Due to heavy rainfall in the region, the delegation was unable to undertake further site visits and the planned visit to the OR Tambo District Municipality could not materialise. Therefore the delegation committed itself to visit the district another time as councillors expressed their willingness to have the delegation visit their areas.
4.29.1 Observations
The delegation observed the following:
Even though the provincial Department of Human Settlements had informed the delegation that the recommendations by the Committee based on its previous visit in 2009 were considered and implemented, it was not the case on the ground. Most of the projects were still without proper or adequate sanitation. In the Nelson Mandela Bay Municipality communities were still using the bucket system. Rural sanitation was not prioritised, thus resulting in huge backlogs. The provision of VIP toilets was not sustainable. There was a need for a common definition of the bucket system.
The provincial department took long to allocate emergency housing to disaster victims, which resulted in communities residing in tents for many years.
The province lacked a strategy on how to approach job creation.
There was no policy on the management of backyard dwellers.
The lack in the monitoring of projects resulted in poorly constructed houses and required that those houses be rectified.
The lack of electricity compelled residents to use paraffin which could result in health hazards and also the lack of electricity create opportunities for crime.
4.29.2 Conclusions
The delegation, having received briefings and having conducted site visits in the Eastern Cape province, made the following conclusions:
The national Department of Human Settlements and the provincial Department of Human Settlements, the Nelson Mandela Bay Municipality should come to Parliament to brief the Committee on the following:
* Challenges in the implementation of the Urban Settlement Development Grant;
* Account on the R502 million budget allocation for the Urban Settlement Development Grant;
* Quarterly expenditure and performance report with monthly cash-flow from inception to date on the allocated budget;
* Signed Intergovernmental Relations Protocol on the implementation of the Urban Settlement Development Grant;
* A detailed report on the Record of Decision and challenges hindering Fitch’s Corner informal settlement;
* Grogro informal settlement and land ownership;
* Municipal Land Audit Report;
* Profile of the Nceba Faku Village in relation to services; and
* Clarity on land audit and land issues in the province by the Housing Development Agency.
5. First meeting with the Eastern Cape provincial Department of Human Settlements and Nelson Mandela Bay Municipality (NMBM)
The Committee met with the national Department of Human Settlements, Eastern Cape Department of Human Settlements and the Nelson Mandela Bay Municipality (NMBM) on 8 December 2011. The latter was responding to the invitation by the Committee.
Ms BN Dambuza, Chairperson: of the Portfolio Committee on Human Settlements and leader of the delegation explained the reasons for the briefing and indicated that the NMBM was requested to respond to a number of issues including the implementation of Urban Settlement Development Grant (USDG) and to account for the R502 million budget that was allocated for the USDG, to give a briefing on Fitch’s Corner and Grogro informal settlements and to provide clarity on land issues.
She indicated that the Committee had visited NMBM in 2009. During that oversight visit the Committee visited Fitch’s Corner informal settlement and witnessed the appalling conditions under which the residents were living on a daily basis. The report received from the NMBM indicated that the land where Fitch’s Corner was situated was bought by the national Department of Human Settlements from Thubelisha for the benefit of the residents of Fitch’s Corner. The Record of Decision that was received from the Department of Environmental Affairs clearly specified that the land was able to be developed but required proper infrastructure development.
However, the report received by the Committee during the recent oversight visit contradicted the previous one. It indicated that the land failed the environmental impact assessment because of water ponds. The NMBM had informed the Committee that the residents would be relocated to the nearest site which was earmarked by the NMBM. The Committee also visited Grogro informal settlement where people had settled on private land. The delegation was informed by the residents and the councillor that the owner (known as Mr Van Rooyen) had offered to sell the land for housing development. The Committee had then requested the Housing Development Agency to assist in finding the owner of the land and report progress to the Committee.
The provincial department was led by the Mr G Sharpley, Head of Department and Mr K Naicker, Acting Executive Director: Human Settlements, NMBM led the presentation. Mr Naicker informed the Committee that the USDG was intended to cover capital projects, including land planning, the provision of water and sanitation, and the provision of adequate housing, electricity, roads and storm water services. The USDG was meant for the acquisition or redevelopment of land, basic infrastructure services for poor households and the upgrading of informal settlements. The total allocation for 2011/12 was R502 million. Out of that amount R247 million was committed for projects based on the Municipal Infrastructure Grant (MIG) and the MIG-cities framework. The NMBM had spent R97 million of the R502 million for the USDG in the period 1 July to 30 November 2011. The NMBM as part of its action plan was fast-tracking the appointment of contractors as well as the approval of the EIA.
The NMBM informed the Committee that the Grogro informal settlement was located on the privately-owned land since 1965. The residents had been residing in the area for years without any basic services because the NMBM’s policy was to not provide services on private land. There were initially 30 households but the number increased to 300 households. The process of acquiring the land had started and a final report would be submitted to the Council in early 2012. The Housing Development Agency had been involved as part of its mandate to acquire land on behalf of the municipalities.
With regard to the Fitch’s Corner informal settlement, approximately 80 residents were residing in a cemetery since 1987. The residents were going to be relocated to a nearby area.
The national and provincial departments reported on the non-cooperation by the officials of the NMBM in respect of the implementation of and accountability for the USDG. During interactions the NMBM failed to respond satisfactorily to questions raised by the Committee. There were also contradictory reports between the three spheres of government, which resulted in the proposal to adjourn and reschedule the meeting for proper reporting. The Committee further resolved that the three spheres of government should collaborate and compile a consolidated report to be tabled before it. It was recommended that the accounting officials as well as the executive authorities of the NMBMM and the province should be invited to and participates in the next meeting rescheduled for 25 February 2012.
6. Second meeting with the Eastern Cape Department of Human Settlements and Nelson Mandela Bay Municipality (NMBM)
On 25 February 2012, both the national and the provincial Departments of Human Settlements attended the meeting. The national department was led by Mr N Chainee, the provincial department was led by the MEC for Human Settlements and Safety, Ms August-Sauls, the NMBM was led by the Deputy Mayor, the Acting Municipal Manager, Mr Hani, Chairperson of the Standing Committee Human Settlements, Cllr F Desi, Chief of Operations, and Mr K Naicker, Chief Financial Officer.
Following on the presentations and after extensive deliberation, the Committee resolved that the NMBM should:
1. Provide the Committee with full details of the consultants who provided the second Record of Decision on the Fitch’s Corner EIA.
2. Provide the readiness of sites for development and installation of infrastructure with detailed life span or timeframes of each project. The progress report should be presented in July 2012.
3. Ensure that the bucket system was eradicated in all informal settlements and it should implement innovative sanitation solutions.
4. Prioritise the re-allocation of families at the New Brighton dumping site (tip) as they were exposed to health hazards.
5. Consider implementing high-rise buildings due to the shortage of suitable land for housing delivery.
6. Provide information on the upgrading of hostels and Community Residential Units (CRUs).
7. Report on the unemployment rate and measures in place to address that challenge.
8. Consider approaching the Department of Public Works through the Extended Public Works Programme and the Department of Transport through the Sihambasonke fund when it needed to build access roads in new projects.
The Committee emphasised the importance of improved collaboration between the NMBM and the province in the planning process for cost-effective and efficient resource utilisation and alignment of plans.
7. Recommendations
Based on the observations made, the Committee requests the Minister of Human Settlements to consider the following towards the attainment of Outcome 8 fundamentals. The Minister is further requested to ensure that a progress report is received by the Committee by the end of October 2012.
7.1 Ensure that access to basic services, in particular water, electricity and universal access to adequate sanitation
* Fast-track the eradication of the bucket system in all informal settlements, including Nelson Mandela Bay (Malaba Ext 6, the communities have been there for approximately 18 years), Amatole District (Bedford and Adelaide) and in Chris Hani District (Zola and Tarkastad), in Cacadu District (KwaNdancama and Eluxolweni informal settlements).
* Provide a clear radical strategy, plans and funding mechanism to address the basic services challenge in the province. Budget expenditure for the first two quarters of 2012 financial year.
* Facilite of electricity installation by Eskom in Sweet Waters and in other areas where there are new completed projects to prevent crime, vandalism and illegal occupation hence the beneficiaries are reluctant to occupy houses without connections.
* Provide a list of areas that benefitted from rainwater tank roll-out programme, the quantity as well as the budget incurred.
The Committee strongly discourages the provision of Ventilated Improved Pit system as this system is costly to maintain especially by the poor and vulnerable. The system is not sustainable and the communities sometime leave these toilets and opt for open defecation and thus resulting to health hazard and environment degrading and waste full expenditure. Therefore the Committee recommends that the Minister should ensure that department should consider other options available in the institutions such as Council for Science and Industrial Research (CSIR).
7.2 Ensure the upgrading of informal settlements
Fast-track upgrading of informal settlements in the province by ensuring that department:
* Provide a clear strategy, plan and timeframes for the upgrading, formalization and specific areas earmarked for this programme and the budget expenditure for the first two quarters of 2012 financial year. Furthermore, the Committee request prioritisation of the upgrading of Fitch’s Corner informal settlement (communities have been there for more than ten years) and Malaba Ext 6 (communities have been there for the past eighteen years).
* Provide a progress report on the upgrading of Manyanani informal settlement.
* Prioritise the re-allocation of families in the New Brighton tip site as they were exposed in health hazard situation.
* Report progress on the upgrading of 14 informal settlements in the Buffalo City Municipality.
* Provide full progress report on the Ducats informal settlements
* Prioritise the re-allocation of families in New Brighton tip site as they were exposed in health hazard situation.
7.3 Ensure that affordable rental housing stock is provided
* Expand of rental housing stock to the Nelson Mandela Bay Municipality to address housing demand. A clear plan, with timeframes and budget should be submitted to the Committee by end of September 2012.
* Provide full detailed report on the Own Haven rental project status as the community reported that there were roof leakages.
* Conduct audit on social housing projects and report to the Committee if the norms and standards are adhered to in respective projects hence the rental rates are equal.
* Provide quarterly report of Amalinda Housing Co-operative starting from October 2011 until June 2012. Report should be forwarded to the Committee by September 2012.
* Provide information on the hostel upgrading and Community Residential Units especially in the Nelson Mandela Bay Municipality.
7.4 Land issues
* Provide political intervention on the Environmental Impact Assessment (EIA) in order to ensure that the EIA do not serve as hindrance of developments especially for the poor.
* Commission enquiry on the second Record of Decision (ROD) on the Fitch’s Corner, as the primary ROD gave permission for development and advised for infrastructure development prior delivery of top structure. Provide the details of the consultants that were involved on this matter.
* Progress report on the Orange Groove informal settlement development.
* Provide full details of the land that was purchased by Thubelisha for Fitch’s Corner development (confirmation of sale of the land parcel, when and to whom and what purpose).
* Detailed audit report on the municipal land in the Nelson Mandela Bay Municipality
* Intervene on the parastal land challenges as it was reported to be costly in the Buffalo City Municipality.
* Facilitate urgent release of Transnet own land to the Rosmead residents for proper human settlements development.
* Facilitate land release land for the communities of Grogro informal settlement as well as the tracking of the owner, Mr Van Rooyen.
* Promote awareness on high rise building-option for effective, efficient land use and improve densification, especially in the metropolitan municipalities.
7.5 Legislative and policy compliance
Non-compliance to Division of Revenue Act is a critical concern to the committee, especially utilisation of Urban Settlements Development Grant (USDG) for unintended purposes by metropolitan municipalities in the province:
* Facilitate the intergovernmental relations and cooperative governance for effective and efficient human settlements delivery.
* Review the Built Environment Performance Plan (BEPP) and develop a blue print on the utilisation of USDG.
* Provide a policy on the Management of Beneficiary List. Hence it is very crucial for the province and municipalities to finalise the beneficiary list prior project commencement to avoid delays in occupancy, electricity connection and prevent illegal occupants.
* Provide mechanism to curb illegal selling of the state subsidy houses.
* Provide detailed report on the confirmed commitments and budget allocation on the provision of amenities (social and economic) to attain a full scale integrated and sustainable human settlements on the current established developments especially in the Nelson Mandela Bay Municipality (Zanemvula project) and in the Buffalo City Municipality (Sweet Water and Duncan Village)
* Provide detailed progress report on the rectification programme, budget expenditure for the first and second quarter as well as timeframes for completion. Rectification of projects in Inxuba Yethemba Municipality (Cradock and Lusaka)
* Report on the rectification request of Makana local municipality.
* Report progress on the rectification of Matatiele projects, Ducat and Zimbane Waterfall as this was set for 2012/13 financial year.
* Consider approaching Department of Public Works through Extended Public Works Programme and also Department of Transport through the Sihambasonke fund when it needs to build access roads in new projects
7.6 Disaster affected areas
* Provide detailed report on the expenditure of R56 million that was set aside to address disaster backlog. Provide list of project areas and timeframes.
7.7 Blocked projects
* Report on Inkwanca Municipality (Sterkstroom and Molteno)
* Report progress on the unblocking of Sunday’s River projects where an amount of R21 million had been allocated for unblocking the project.
* Progress report on the remaining blocked project in Sweet Waters.
* Progress report on the unblocking of project in Ikhwezi and Malitswai local municipalities
7.8 Fighting fraud, crime and corruption
* Report progress on the utilisation of state subsidy houses in Janesville, Klipplaat and Dinsanadi
* Report progress on the Jansenville, Klipplaat and Dansandi projects where people were illegally occupying houses.
* Report progress on Cala and Elliot projects that were handed over to SIU for investigation. Alleged irregularities around project management and inappropriate utilisation of state subsidy houses.
Report to be considered.
TUESDAY, 11 SEPTEMBER 2012
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1. Bills passed by Houses – to be submitted to President for assent
(1) Bills passed by National Council of Provinces on 11 September 2012:
(a) Judicial Matters Amendment Bill [B 11B – 2012] (National Assembly – sec 75).
(b) Use of Official Languages Bill [B 23B – 2011] (National Assembly – sec 75).
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Finance
(a) Report and Financial Statements of the Independent Regulatory Board for Auditors for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 294-2012].
(b) Report and Financial Statements of the Accounting Standards Board for 2011-12, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2011-12 [RP 137-2012].
2. The Minister of Justice and Constitutional Development
(a) Report and Financial Statements of the National Prosecuting Authority (NPA) for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12.
3. The Minister of Transport
(a) Report and Financial Statements of the Road Accident Fund for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 247-2012].
COMMITTEE REPORTS
National Assembly
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