Hansard: NA: Unrevised hansard
House: National Assembly
Date of Meeting: 16 Aug 2011
Summary
No summary available.
Minutes
UNREVISED HANSARD
TUESDAY, 16 AUGUST 2011
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PROCEEDINGS OF THE NATIONAL ASSEMBLY
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The House met at 14:05.
The Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.
NEW MEMBER
(Announcement)
The SPEAKER: Hon members, I wish to announce that the vacancy which occurred following the resignation of Mr M H Steele has been filled with effect from 19 July 2011 by the nomination of Mr J H Steenhuisen. The member made and subscribed the oath in the Speaker’s office. [Applause.]
NOTICES OF MOTION
Mr J SELFE: 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 overcrowding of our correctional centres and the positive role that prisoner transfer agreements could play.
Mr G G BOINAMO: 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 significant number of strikes in recent weeks, the reasonableness of the demands of workers and the outcomes of the strikes.
Mrs F F MUSHWANA: 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 proposals to assist old age homes in fulfilling the mandate of looking after the aged.
Mr D C SMILES: 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 inability of the Department of Basic Education to implement section 100 of the Constitution in the Eastern Cape department of education and its effect on the realisation of section 28 of the Bill of Rights.
Mr N J J KOORNHOF: I hereby give notice that on the next sitting day of the House I shall move on behalf of Cope:
That the House debates whether the subsidy from the Department of Environmental Affairs to Sanparks is enough to take proper care of our national heritage.
Mrs H LAMOELA: I hereby give notice on behalf of the DA that on the next sitting day of the House I shall move:
That the House debates the state of care for the elderly in South Africa and mechanisms to improve access to adequate health and social care for senior citizens.
Mr P D MBHELE: 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 impact of the Gautrain service disruptions due to cable theft on the viability of modernised public transport and commuter confidence.
WOMEN’S DAY CELEBRATED IN SOUTH AFRICA
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move without notice:
That the House –
(1) notes that South Africa celebrates National Women’s Day on 9 August to mark the anniversary of the great women's march of 1956, where women marched to the Union Buildings to protest against the carrying of pass books;
(2) further notes that this year's Women’s Day marks the 55th anniversary of the women’s anti-pass march to the Union Buildings and this historic march marked a turning point in the role of women in the struggle for freedom, democracy and social justice in South Africa;
(3) recognises that the theme for 2011 is ``Working together to enhance women’s opportunities to economic empowerment”; and
(4) acknowledges the extraordinary accomplishments of women and honours their role in shaping the course of our nation's history.
Agreed to.
FAMINE IN SOMALIA AND PARTS OF DJIBOUTI, ETHIOPIA, KENYA, SUDAN AND UGANDA
(Draft Resolution)
The CHIEF WHIP OF THE OPPOSITION: Speaker, I move without notice:
That the House –
(1) notes that the United Nations has declared parts of southern Somalia a famine zone;
(2) further notes that the region has been hit by the most severe drought in more than half a century and many people are unable to get food and other basic needs;
(3) recognises that more than 12 million people within the Horn of Africa are currently at risk of starvation and that the impact of this drought on children has been described by the head of the UN World Food Programme as the worst that he has ever seen;
(4) further recognises that the widespread effects of the drought have already resulted in tens of thousands of people starving to death over the last few months in Somalia and parts of Djibouti, Ethiopia, Kenya, Sudan and Uganda;
(5) stands with the people of the Horn of Africa in their hour of need; and
(6) calls upon the South African government, the international community, and donor organisations, both at home and abroad, to assist in whatever way possible to bring relief to the Horn of Africa.
Agreed to.
BIRTHDAY WISHES TO GERTRUDE SHOPE ON HER 86TH BIRTHDAY CELEBRATION
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move without notice:
That the House –
(1) notes that on 15 August 2011 Gertrude Shope celebrated her 86th birthday;
(2) remembers that while in exile from 1970-1971, MaShope was secretary to the head of the ANC’s Women’s Section, Florence Mophosho, then became the ANC’s chief representative in Lusaka and in 1981 was promoted to head of the Women’s Section, and then became a member of the national executive committee, NEC, of the ANC in 1985 and, as head, she led the Women’s Section to the End of the Decade Conference in Nairobi in 1985, and was secretary of the ANC mission to Nigeria, a position she held until 1991;
(3) further remembers that MaShope was elected as President of the African National Congress Women’s League, ANCWL, in 1991 after years of commitment to issues concerning women within the African National Congress and South African politics in general; and
(4) wishes MaShope a happy birthday.
Agreed to.
UNESCO INTERNATIONAL DAY FOR THE REMEMBRANCE OF THE SLAVE TRADE AND ITS ABOLITION
(Draft Resolution)
The CHIEF WHIP OF THE OPPOSITION: Speaker, I move without notice:
That the House –
(1) notes that Tuesday, 23 August, marks the Unesco International Day for the Remembrance of the Slave Trade and its Abolition;
(2) further notes that this day offers an opportunity for collective and universal consideration of the historic causes, methods and consequences of the slave trade;
(3) acknowledge the Director-General of Unesco’s invitation to Ministers of Culture of all member states to organise events in their countries which will involve young people, educators, artists and intellectuals, in honour of this day;
(4) further acknowledges the past contributions to our cultural and historical heritage of all individuals forced into slavery;
(5) recognises the impact of slavery on the African continent and its people; and
(6) commits itself to eradicating any modern-day occurrences of slavery where it may occur.
Agreed to.
The SPEAKER: Hon members, I am sure you will agree with me that it is extremely difficult to talk and listen at the same time. The noise level is very high.
TRAGIC SINKING OF COMORIAN BOAT
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move without notice:
That the House –
(1) notes the tragic sinking of a Comorian boat, which was carrying over 100 passengers, on 9 August 2011, between the islands of Anjouan and Ngazidja;
(2) further notes that more than 54 people are feared to have drowned in this heartbreaking accident; and
(3) conveys its heartfelt condolences to President Ikililou Dhoinine, the government and the people of the Comoros.
Agreed to.
STERLING WORK DONE BY DR IMTIAZ SOOLIMAN AND GIFT OF THE GIVERS IN SOMALIA
(Draft Resolution)
Mr T BOTHA: Hon Speaker, I move without notice:
That the House —
(1) notes the sterling work that the South African humanitarian relief organisation the Gift of the Givers has done in Somalia, which made South Africa proud;
(2) acknowledges that the relief efforts of the team led by Dr Imtiaz Sooliman and comprising 20 medics and 12 journalists have truly enhanced South Africa’s image of ubuntu on the global stage;
(3) recognises the organisation's vital role in directing immediate ground support to desperate families and in ensuring public awareness of the dire situation in Somalia; and
(4) congratulates Dr Sooliman and his organisation on a job well done and encourages South Africans to support all relief efforts in Somalia and elsewhere on the continent.
Agreed to.
COMMENCEMENT OF RAMADAN
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Speaker, I move without notice:
That the House –
(1) notes that 1 August signalled the commencement of Ramadan, the ninth month of the Islamic calendar, whereby the Muslim ummah partake in a month-long fasting ritual;
(2) further notes that the nature of this event, which signifies devotion to the Muslim faith and is one of the Five Pillars of Islam, is known as Sawm in the Arabic language;
(3) acknowledges the commitment and devotion of Muslims to this practice;
(4) further acknowledges that the month of Ramadan will come to an end on 30 August with the celebration of Eid-ul-Fitr, a day on which Muslims give praise to God for granting them the strength and perseverance to practise self-control during the past month; and
(5) wishes all Muslims a blessed Ramadan.
Agreed to.
CELEBRATION OF JANMASHTAMI
(Draft Resolution)
The CHIEF WHIP OF THE OPPOSITION: Speaker, I move without notice:
That the House -
(1) notes that 22 August is the celebration of Janmashtami, the birth of Lord Krishna on Shravan vad 8, on the Hindu Calendar, whereby Hindus observe a full day of fasting, reading of the Bhagavad-Gita and re-enactments of Lord Krishna’s divine exploits;
(2) further notes that the nature of this auspicious event signifies the establishment of Dharma, or Hindu Philosophy on earth for the salvation of humanity as noted by Sage Veda Vyasa: “Where there is Krishna, there is Dharma, where there is Dharma, there is victory”; and
(3) acknowledges the commitment and devotion of Hindus to their Dharma and wishes all Hindus a blessed Janmashtami.
Agreed to.
WRECKAGE OF TWO ALBATROSS AIRCRAFT FOUND IN GEORGE’S VALLEY NEAR TZANEEN
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move without notice:
That the House –
(1) notes that the wreckage of the two Albatross aircraft that went missing in George's Valley near Tzaneen on 14 August 2011 have been found;
(2) acknowledges the sterling work done by the rescue teams in harsh weather conditions; and
(3) conveys heartfelt condolences to the families of the deceased.
Agreed to.
CONGRATULATIONS TO BAFANA BAFANA FOR BEATING BURKINA FASO 3-0
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move without notice:
That the House –
(1) congratulates Bafana Bafana for beating Burkina Faso 3-0 in their international friendly on 10 August 2011; and
(2) wishes Bafana Bafana well for their Group B Africa Cup of Nations qualifier in Nigeria next month.
Agreed to.
ANC WELCOMES NHI GREEN PAPER
(Member’s Statement)
Dr M B GOQWANA (ANC): Hon Speaker, the ANC welcomes the Cabinet decision to release the National Health Insurance Green Paper for public discussion and also commends the leadership of Minister Motsoaledi and his team for the manner in which government has driven the process of developing the NHI policy.
The ANC is of the view that the NHI Green Paper presents South Africans with the historic moment to deliberate on the need to fundamentally change the way we fund and provide health care in both the public and the private sector in order to make sure that quality health care is affordable to everyone, as well as to develop measures needed to overcome the huge inequalities that characterise our fragmented and inefficient two-tier health care system.
The NHI Green Paper ushers in the building of a single and integrated health care system that is more strongly founded on principles of primary health care, the right to health care, social solidarity and universal coverage and a nonprofit-making and publicly administered national insurance fund that all of us can be proud of.
Thus, the ANC encourages all our people and various organisations, workers, professionals, students, youth, women and business to actively take part in this important national discussion. [Applause.]
PRESIDENCY’S REJECTION OF DA CALL FOR DEBATE ON STATE DEALS BENEFITING PRESIDENT ZUMA’S FRIENDS AND FAMILY
(Member’s Statement)
The LEADER OF THE OPPOSITION (DA): Hon Speaker, the Presidency’s public rejection of the DA’s call for a Parliamentary debate on the state deals that have benefited President Zuma’s family and friends demonstrates a lack of respect for the principle of the separation of powers. It is not up to the Presidency to reject a request for a parliamentary debate. This is the sole preserve and responsibility of the Speaker of the National Assembly.
The purpose of the special debate would not be to examine the President’s business interests, as the Presidency incorrectly asserted. It is for Parliament to debate how so many of President Zuma’s family and friends have come to benefit from lucrative state deals since the President took office. These allegations are a matter of public importance. As the representatives of the South African people, all of us in this Assembly are duty-bound to interrogate this state of affairs.
Mr Speaker, we hope that you will assess the DA’s request on its merits, will respect the Constitutional separation of the executive and the legislature, and will not allow the Presidency to undermine the authority of your parliamentary office. [Applause.]
IMPACT OF STRIKES ON ECONOMY
(Member’s Statement)
Mr N J J KOORNHOF (Cope): Mr Speaker, South Africa is bracing itself once again for a strike for higher wages. Troye Lund warned in Finance Week that this round of wage negotiations would be a critical test for the unions to put the economy ahead of political expedience. If the expanding public sector wage bill carries on growing unrestrained, it will eventually torpedo plans to accelerate real economic development.
We cannot collect enough taxes to meet above-inflation wage demands. Statistics SA has shown that 30% of local government expenditure is already on salaries. In addition to this fact, some sectors in the public sector now earn 44% more than their peers in the private sector. It is time to stop the bus. Employees must change their behaviour. We cannot allow misbehaviour during strikes to be rewarded. We must address the growing salary gap between top management and workers.
Municipal managers who earn more than the President or Cabinet Ministers must stop. Exorbitant share options and bonuses paid to JSE-listed companies and Transnet top executives are fuelling the argument for union leaders. Minister Pravin Gordhan’s statement yesterday, that the time has arrived for us to change the way we see the labour dispensation, must be welcomed. We are all in this together. Let’s act responsibly. [Applause.]
COMMISSION FOR EMPLOYMENT EQUITY ANNUAL REPORT FOR 2010-11
(Member’s Statement)
Mr X MABASA (ANC): The ANC calls on the private sector to speedily and fully implement employment equity and affirmative action in the workplace in response to the newly released Commission for Employment Equity Annual Report of 2010-11, which reflects embarrassingly high statistical race disparities in South Africa. The huge and disturbing inequality levels between blacks and whites are a clear indication of the slow pace of transformation in the workplace.
The fact that in the 17th year of our constitutional democracy blacks still account for only 16,9% of employees at top management level while whites account for 73,1% — nearly six times the economically active population — as well as the representation of African women and people with disabilities only accounting for 0,8%, is an indictment on business leaders for their failure to embrace progressive change in South Africa. This is not in line with the ANC-led government’s policy, which seeks to build a more equitable, sustainable and inclusive economic growth path, and effect gender and disability parity centred on the creation of decent work opportunities and sustainable livelihoods. [Applause.]
WOMEN ABUSED AT POLICE STATIONS
(Member’s Statement)
Ms H N MAKHUBA (IFP): August is celebrated as Women’s Month and yet some women’s issues are still not taken seriously. The Domestic Violence Act appears to be treated with contempt by the SAPS. It is reported that only 8% of police stations monitored by the Independent Complaints Directorate, ICD, are compliant with this Act. Women who attempt to report domestic violence and abuse at police stations are subjected to further abuse by those who are meant to assist them. When these women reported these incidents to the ICD the police only took action in about 5,1% of the cases.
These figures show that the higher ranks of the SAPS need to act urgently to improve the deteriorating situation in their police stations. If Women’s Day and Women’s Month are meaningful, the upholding of women’s rights is imperative. Women are our mothers, sisters and wives and we salute them and strongly condemn all those who abuse them.
ACTIONS OF UNRULY MUNICIPAL STRIKERS CONDEMNED
(Member’s Statement)
Mrs S U PAULSE (ID): Hon Speaker, the ID strongly condemns the pathetic and reckless behaviour of municipal workers embarking on strike action in Adderley Street a few hours ago. It is unacceptable that private and public property is being destroyed and damaged by strikers.
The ID calls on the South African Municipal Workers’ Union, SAMWU, and its affiliates to condemn all forms of public violence and destruction and take strong action against those responsible.
Furthermore, SAMWU should take full responsibility for their members and should be held liable for the unruly strikers’ actions. It is really sad and shocking that poor street vendors have lost everything that they have worked for. Striking workers went on a rampage, looting the stalls of street vendors in scenes reminiscent of the recent looting on the streets of London.
What kind of society are we building for our children when such unruly behaviour is allowed without any repercussions? It is unfortunate that a handful of unruly strikers give all protestors a bad name.
In closing, the ID encourages all those who suffered damage and loss as a result of the disorderly strike action to sue the responsible union for damages.
GAUTENG FREEWAY TOLL TARIFFS REDUCED
(Member’s Statement)
Ms D E DLAKUDE (ANC): Hon Speaker, the ANC commends the bold and progressive step by the Cabinet in endorsing the revised toll tariffs on the Gauteng Freeway Improvement Project, GFIP, which will see all taxis and buses being entirely exempted. This will also result in motorists, motorcyclists and truck drivers paying much reduced toll fees.
We are equally impressed that the Department of Transport has taken on board and listened to the views and concerns of the public, something that has led to the revised toll fee structure.
The ANC has always maintained that the GFIP should not be done at the expense of the public or impact negatively on the cost of doing business in Gauteng or anywhere else in South Africa. We agree with the assertion that the improvement of our road infrastructure should not be a burden to those it is supposed to benefit — the road users.
WITHDRAWAL OF SA NETBALL TEAM FROM ALL AFRICA GAMES
(Member’s Statement)
Mr L M MPHAHLELE (PAC): Hon Speaker, the recent withdrawal by Netball South Africa from the All Africa Games is shameful. It sums up South Africa’s attitude towards Mother Africa. Our country is fast becoming notorious for snubbing Africa and blindly glorifying Europe.
On the football field, it is scandalous that the PSL calendar is synchronised with the European league and not with the African league. Like mental slaves we totally disregard the dissimilarity of the climatic conditions of Africa and Europe. When the Europeans crafted their calendar, they took into account their seasons, and if we wear clothes that were not tailored for us, we inevitably appear as cartoon characters in the eyes of onlookers.
Today we are the ultimate clowns on the African continent. Viewers of and listeners to television and radio are injected with an overdose of European football. No wonder we know and even love Europe more than we know and love Africa.
When a young prince of England tied the knot recently, the wedding was telecast live. When an African king ties the knot, no TV programme gets interrupted. This in fact implies that a European prince is more important than all the African kings and queens lumped together. The PAC will be more than happy if Netball South Africa, NSA ... [Interjections.] [Time expired.]
QUALITY PUBLIC HEALTH CARE FOR ALL
(Member’s Statement)
Mr M WATERS (DA): The DA welcomes the beginning of a national debate on achieving quality public health care for all. The DA has consistently supported the goal of ensuring that all South Africans have access to good quality health care, be it in the public or private sector.
The Green Paper offers government’s view on how it intends to improve access to quality health care. The DA will be interrogating this document and will, in due course, offer its full response. Public health care as it stands is failing our citizens. Our inability to reduce child and maternal mortality is but one example of how we are failing the poor.
The DA recognises that huge changes will have to be undertaken to achieve access to quality and affordable health care for all. We also want to ensure that quality, accountability and efficiency will be the driving factors behind the necessary changes to our health care system. However, there still needs to be proper debate on how this should be done, how it should be achieved and what the first priorities are. We trust that government will be open to accepting suggestions and proposals in this regard.
LAUNCH OF ANC CENTENARY CELEBRATIONS
(Member’s Statement)
Mr A D MOKOENA (ANC): On 15 July 2011 the ANC launched the programme to celebrate its centenary. This is because on 8 January 2012 the ANC will be 100 years old. Huh! [Laughter.]
The formation of the ANC in 1912 was the culmination of our people’s struggle against colonialism ... [Interjections.] ... and bringing together all people into a common national struggle against colonialism. At the core of this struggle was our people’s right to choose their own destiny as a united, nonracial and nonsexist nation.
The centenary of the ANC is a recollection of the contribution that the world has made towards our freedom. It is also a celebration of humanity and friendship across all sectors of society around the globe. The centenary is a historic achievement of our movement, our people, our continent and the world. We will celebrate our proud traditions, values and principles that earned our movement an indelible place in the hearts, minds and souls of our people both here at home and abroad.
It is an opportunity for humanity to reflect on its successful and laudable worldwide campaign to rid itself of the oppression and iniquitous exploitation of one group by another.
The ANC programme to celebrate the centenary is not only about the past. Our celebration intends to raise awareness among the young generation about the splendid journey we have travelled as a nation. [Time expired.] [Applause.]
11 PEOPLE KILLED IN TAXI ACCIDENT IN KWAZULU-NATAL
(Member’s Statement)
Mrs H S MSWELI (IFP): The IFP is horrified once again that 11 people needlessly lost their lives in a taxi accident on the N2 between Mandeni and Nyoni in KwaZulu-Natal on Friday. Far too many families are losing their breadwinners and are affected by the injuries suffered in these taxi accidents.
People are forced to use taxis as transport because there are no alternatives open to them. Traffic authorities must ensure that they strictly enforce the law, especially when vehicles conveying passengers are found to be unroadworthy, speeding and overloaded. These vehicles should immediately be impounded, the drivers’ licences confiscated and drivers and owners of these vehicles criminally charged.
The IFP conveys its shock and heartfelt sympathy to all the victims of these terrible tragedies and their families. Our prayers are with you.
GAUTRAIN’S TSHWANE LINE INTERRUPTED
(Member’s Statement)
Mr P D DEXTER (Cope): The Gautrain’s Tshwane line is just over a week old. Huh, I should say. [Laughter.] Once again, South African commuters have had to face delayed public transport because of government’s inability to address the problem of cable theft. For the second time in a month this multibillion rand train has ground to a halt due to this phenomenon. In addition, water seeping into the tunnel between Sandton and Rosebank has caused delays on the south route leg of the railway line.
Billions of rands have already been spent to launch the Gautrain yet the delays alone have cost the taxpayer a further R100 million. Government cannot expect the South African taxpayer to continue paying for preventable and unnecessary mistakes.
Cope therefore supports the call for the Public Protector to investigate the roles played by the Gauteng Premier and the transport member of the executive council, MEC, in this debacle. Spending an extra R100 million on delays that could have been prevented is completely unacceptable. The Department of Transport and the Gauteng administration should take immediate action.
ANC CONDEMNS CONTINUED POLICE KILLINGS
(Member’s Statement)
Me A VAN WYK (ANC): Die ANC veroordeel die voortdurende moorde op lede van die SA Polisiediens in die sterkste moontlike terme. Hierdie mans en vroue in blou stel daagliks hul lewens in gevaar om al die burgers en inwoners van Suid-Afrika te beskerm teen gewetenlose misdadigers.
Die ANC doen ’n beroep op die breër gemeenskap om strukture soos straatkomitees, gemeenskapspolisiëringforums en ander georganiseerde strukture van die burgerlike gemeenskap te versterk en om saam met die SAPD te werk om hierdie gruweldade teen die lede van die polisie te stuit.
’n Aanval teen ’n lid van die polisie is ’n aanval teen die staat. Die ANC vra dat daar dringend gekyk word na strenger vonnisse vir dié wat skuldig bevind word aan moorde op lede van die polisie.
Ons is vas oortuig dat die samewerking van die gemeenskap, gekoppel aan strenger vonnisse en intensiewe opleiding, ’n impak sal hê. Dit sal ook misdadigers afskrik van die moorde op ons polisielede — daardie mans en vroue wat toevertrou word met die verantwoordelikheid om ons gemeenskappe te beveilig.
Die ANC bring ook hulde aan die lede wat gesterf het tydens die uitvoering van hul pligte. Ons simpatiseer met hul families en geliefdes wat agtergebly het. Ons gedagtes en gebede is met hulle.
Kom ons neem hande en stop die sinnelose moorde op ons mans en vroue in blou. [Applous.] (Translation of Afrikaans member’s statement follows.)
[Ms A VAN WYK (ANC): The ANC condemns the going murder of members of the SA Police Service in the strongest possible terms. These men and women in blue put their lives at risk on a daily basis to protect all the citizens and residents of South Africa against unscrupulous criminals.
The ANC appeals to the broader community to strengthen structures such as street committees, community police forums and other organised structures of civil society and to work together with the SAPS to stop these atrocious deeds against members of the police.
An attack against a member of the police is an attack against the state. The ANC requests that more severe sentences for those who are found guilty of murdering members of the police should be looked at urgently.
It is our firm conviction that the co-operation of the community, coupled with harsher sentences and intensive training will have an impact. It will also criminals from murdering members of our police – those men and women who are given the responsibility of protecting our communities.
The ANC also wishes to pay tribute to those members who died in the line of duty. We sympathise with their families and loved ones who remain behind. Our thoughts and prayers are with them.
Let us join hands and stop these senseless killings of our men and women in blue. [Applause.]]
NUMERACY LEVELS OF SOUTH AFRICAN LEARNERS
(Member’s Statement)
Dr W G JAMES (DA): The Department of Basic Education measured the ability of our learners to count and found that, for Grade 3, the average was 28%, and for Grade 6, it was 30%. Therefore, only one in three learners whom we meet on a daily basis can count and they can barely do so.
The Trends in International Mathematics and Science Study – otherwise known as TIMSS – shows that our learners are as enthusiastic and curious about mathematics as any other group of children. The most direct cause of our terrible performance is simply that not enough of our teachers are up to the task. Having a mathematics degree is still not a requirement to teach at schools.
What is to be done about this crisis? It is a crisis. Firstly, keep competent teachers at schools. Secondly, extend the retirement age of competent mathematics teachers. Thirdly, aggressively recruit expatriate South African and foreign mathematics teachers. Finally, accelerate in-service and pre-service training and insist on teachers having a mathematics degree or its equivalent. [Applause.]
GIFT OF THE GIVERS AND SOUTH AFRICA’S RELIEF PROGRAMME IN SOMALIA
(Member’s Statement)
Ms N N P MKHULUSI (ANC): With regard to South Africa’s relief programme in Somalia, the ANC would like to commend Dr Imtiaz Sooliman and the Gift of the Givers team for their sterling humanitarian work performed in the troubled, poverty-stricken East African country of Somalia. Once again, Dr Sooliman and his team have made South Africa proud as they carried the pride of our nation.
In acknowledgement of the sterling work done by the Gift of the Givers, the ANC-led government has pledged to donate R8 million. Of this amount, R4 million will be donated to this not-for-profit, nongovernmental organisation, Gift of the Givers, to cover the exorbitant costs of fuel and the transportation of donated goods and medical supplies. The balance thereof will be donated to other organisations that will also undertake relief programmes in Somalia.
In order to assist the dire humanitarian and socioeconomic situation prevailing in Somalia, the ANC calls on South Africans and the rest of the world to pledge solidarity and to give the necessary support aimed at the alleviation of the position of the internally displaced persons and refugees. [Applause.]
NUMERACY LEVELS OF SOUTH AFRICAN LEARNERS
(Minister’s Response)
The DEPUTY MINISTER OF BASIC EDUCATION: I wish to respond to the Annual National Assessment statement. The Department of Basic Education was fully alive to and aware of the challenge that we face in our country in terms of literacy and numeracy. This was borne out by international tests such as the Trends in International Mathematics and Science Study, TIMSS, and others, and we undertook to get a universal diagnosis of the level of achievement of our learners. For the first time in the country and on the continent, we managed to do this on a massive scale — we have tested more than 6 million learners between Grade 1 and Grade 6 in literacy and numeracy and piloted a test for Grade 9.
The tests do in fact confirm that we have serious challenges in this regard. Poor performance is attributable to a range of factors, among others, teacher capacity, overcrowded classrooms, a lack of resources in terms of libraries and resource materials at schools, and insufficient attention to early childhood development.
The department recognises these realities and has already — in fact, prior to the tests being undertaken — distributed some 24 million books in literacy and numeracy for Grade 1 to Grade 6. Next year, this is going to be extended to Grades 7, 8 and 9. It will also include English as a further additional language and particular attention will be paid to teacher development.
To this end, we have identified 139 sites where content knowledge in particular will be provided to educators. The emphasis in terms of the outputs of the Department of Basic Education is, indeed, on early childhood development, teacher development, and literacy and numeracy. These are three of the five important outputs and, indeed, we share the concern raised by the hon member. Unless or until we correct this measure, we will continue to have serious challenges in education and skills development.
ACTIONS OF UNRULY MUNICIPAL STRIKERS CONDEMNED
(Minister’s Response)
UNGQONGQOSHE WEZABASEBENZI: Somlomo wePhalamende, ngiyafisa ukuthi ngisho ukuthi siwuMnyango Wabasebenzi, ngaphansi kukahulumeni oholwa uKhongolose, asihambisani nokulinyazwa kwempahla uma abasebenzi besezitelekeni.
Okwesibili, ngiyafisa ukuthi abasebenzi bangasebenzisi kabi amalungelo abo ngokuthi baphoqelele abanye abasebenzi abangafuni ukuzibandakanya esitelekeni ukuthi babe yingxenye yabo. Kodwa futhi siyi le Ndlu kufanele sibheke ukuthi umnyombo owenza ukuthi abasebenzi bahole amaholo amancane kangaka, usukaphi.
Asingasebenzisi-ke isiteleka siyi le Ndlu ukuthi bese sifuna ukuhoxisa amalungelo abasebenzi asemqulwini woMthethosisekelo walapha eNingizimu Afrika. Ngakho-ke, kufanele ukuthi sibabekezelele ngoba yilungelo labo ukuthi bateleke, kodwa bangalimazi impahla. Ngiyabonga Somlomo. (Translation of isiZulu Minister’s response follows.)
[The MINISTER OF LABOUR: Speaker, I wish to state that as the Department of Labour of the ANC-led government, we do not condone the destruction of property by workers on strike.
Secondly, I wish that workers would not abuse their rights by forcing others who do not want to participate in the strike action to join them. But as this House we must look at the root cause of why workers earn such meagre salaries.
We should not therefore use strike action like this to withdraw workers’ rights as enshrined in the Constitution of South Africa. Therefore we should bear with them because it is their right to embark on strike action but they should not destroy property. Thank you, Speaker.]
GAUTRAIN’S TSHWANE LINE INTERRUPTED
(Minister’s Response)
The MINISTER OF PUBLIC ENTERPRISES: Cable theft is a very serious economic offence. The Justice, Crime Prevention and Security Cluster recognises and treats it as such.
It must be said that there is a very lucrative export market for stolen copper and the reasons for such thefts have absolutely nothing to do with attempts to excite any political organisation. Government is treating this matter with the seriousness and urgency it deserves. But we must also say that it is extremely irresponsible for an hon member to stand here and, by dint of words, tarnish the good names of fellow South Africans and hon members in their own right who are not here to answer for themselves.
The issue of cable theft bears absolutely no relation to the investigation that the hon member is calling for. He starts his argument about one thing and concludes with something absolutely different. That is absolute opportunism. It is done precisely to soil the good names and dignity of the people about whom he is talking. I think that this House should reject it with the contempt that it deserves. [Applause.]
WOMEN ABUSED AT POLICE STATIONS
(Minister’s Response)
The MINISTER OF WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES: Hon Speaker, I would firstly like to say Happy Women’s Month to all the women of South Africa. [Applause.]
I want to assure the hon member from the IFP that this government has prioritised dealing with crimes against women and children. In that regard, the Department of Police has ensured that they revive the child Protection Units in all 176 policing areas in South Africa. They have also trained police to enable them to handle victims of abuse, rape and violence. They have also trained and placed forensic social workers in all the policing areas in South Africa to enable them to deal with child victims.
The Department of Justice and Constitutional Development, including the National Prosecuting Authority, NPA, have opened 28 Thuthuzela Care Centres all over the country. These are one-stop service centres providing counselling, HIV testing, legal services, medical services, and prosecutorial assistance. These centres are located in areas which are hot spots for violence against women and children.
Lastly, I want to say that ... kufuneka sikhumbule ukuba olu xanduva siluhlambayo yimpahla emdaka eyashiywa ngoomakhulu nootatomkhulu babo. Abantwana abanayo impilo ngenxa yobuhlwempu nokulamba kwabantu bakuthi, kuba zonke izicwangciso zorhulumente wangaphambili zazilungiselelwe abantu abambalwa. Kungoko ke sisaphixana noxanduva lokwandisa imali esifike ingekho, iyintwana encinci. Ngoko ke ndifuna ukuthi masincome umsebenzi woMphathiswa wezeMpilo noMphathiswa wezeMfundo ... (Translation of isiXhosa paragraph follows.)
[... we must remember that what we are doing now was a legal responsibility that was ignored by their forefathers. Children are not healthy because of the poverty and hunger of our people because all the plans of the previous government were meant to benefit the minority. That is why we are busy trying to redress the burden of expanding funds that were already insufficient when we took over. Therefore, I want us to appreciate the work done by the Minister of Health and the Minister of Basic Education ...]
... in empowering and prioritising children’s health in South Africa. [Time expired.]
MILITARY VETERANS BILL
(Second Reading debate)
The DEPUTY MINISTER OF DEFENCE AND MILITARY VETERANS: Hon Speaker and hon members, unintentionally, the time allocated for the discussion of this Bill this afternoon belies the importance of its object, because the Military Veterans Bill we are discussing this afternoon reminds us that among us in our communities there are South Africans who, during the dark days of conflict in this country, were steadfast in the belief that the ultimate honour under those circumstances was to serve their country.
As a former Member of Parliament, James Ngculu, eloquently described them in his newly published book The Honour to Serve, they are individuals who believed that “honour is stronger than death” and also that, when cornered, always remember “to keep the last bullet for yourself”. On all sides, all of them, as soldiers, subscribed to the dictum that absolute submission to the will of the commander was an honourable thing.
Today, because of the way they were moulded, these patriots, in particular those from yesterday’s liberation armies, have been shunted to the margins of our society by those they fought to free. As Oliver Reginald Tambo, the leader of the largest guerrilla organisation in the resistance to apartheid, said:
In building up our own popular army we aim therefore not only at the overthrow of the fascist regime, we aim also at building up a politically conscious and revolutionary army, conscious of its popular origin, unwavering in its democratic functions and guided by our revolutionary orientation.
Conscious of the importance of the change they fought for and the sacrifice involved, many military veterans from the liberation armies have, with humility, resigned themselves to living wretched lives to give freedom a chance.
Again, as James Ngculu explains:
These were not soldiers of fortune. None were paid a salary at the end of the month, because they were all volunteer fighters committed to the struggle for justice and freedom. They were guerrillas or what Che Guevara defined as social reformers who take up arms in response to the wishes of the masses.
The purpose of the Military Veterans Bill is to recognise and honour military veterans in life and memorialise them in death for their sacrifices on behalf of the nation. It seeks to ensure a smooth and seamless transition for military veterans from active military service to civilian life. It aims to restore the capability of military veterans with disabilities to the greatest extent possible, and to improve their quality of life and that of their dependants.
The Bill envisages a system of benefits and services to military veterans, the cumulative effect of which will ensure that military veterans augment our national work force broadly and contribute to the prosperity and development of the country. Lastly, the policy espoused by the Bill recognises that military veterans are a unique resource for nation–building and reconciliation which has been underutilised.
This intervention by government is so vital to the future and stability of this country that we must be forgiven if our frankness takes precedence over etiquette. This issue need not be surrounded by a host of technicalities and complicated reasoning, the way some career analysts and obstructionist politicians are tempted to view it. As we speak, there are destitute former freedom fighters who, we are told, sleep in public places such as Johannesburg Park Station, without food or the comfort of a place they can call their home.
The Bill is not the first piece of legislation to deal with military veterans in government, nor is it the first time government has acknowledged the need to support military veterans. The need to consider supporting the social reintegration of demobilised soldiers back into communities was raised as early as November 1993 — even before the integration process commenced — by the former Chief of the South African Defence Force, Gen Meiring, at an Institute for Defence Policy conference, when he said:
There are a large number of individuals who have received military training of some sort and who will not be accommodated in the South African Army. To leave these individuals jobless in the streets is to invite trouble. An idea is to establish a services brigade to accommodate and train them.
Indeed, the Service Corps was established in January 1995, following the establishment of the South African National Defence Force in 1994. In 1999, the Department of Defence introduced legislation, namely the Military Veterans’ Affairs Act, to cater for military veterans.
The reason we are piloting new legislation through Parliament today is that, courageous as the interventions referred to above were, they all failed because they were inadequate, piecemeal and not holistically conceived. As a result, support for military veterans remained ad hoc, discretionary and uneven across all three spheres of government.
The Bill before the House seeks to improve the definition of beneficiaries to make it inclusive and in line with the Constitution. Secondly, it comprehensively spells out the support and benefits to military veterans and the care due to their dependants which government commits itself to providing. Lastly, it stipulates the institutions to be established in order to realise this policy.
The Bill before the House has benefited from extensive case-study work done of countries where there is support for military veterans in government. In this regard, work was done on both developing and developed countries, including familiarisation visits to those countries which evince best practice. Still and all, the final product was crafted as a home-grown instrument to deal with concrete conditions confronting us here at home, with our specific historical background and national imperatives.
In this respect, we wish to point out that the policy contained in this Bill seeks to address the challenge of military veterans within the national framework of care for the indigent within the broad antipoverty strategy, socially and economically. The policy enunciated in the Bill seeks to deal with the needs of military veterans as an investment towards the broader human resource needs of the country, rather than as a pure welfare programme.
The policy seeks to protect government policy on military veterans from being donor-driven, while allowing for partnerships. The Bill provides approaches to the affairs of military veterans today with the future challenges of military veterans in mind.
On behalf of the Minister of Defence and Military Veterans, it behoves me to express sincere appreciation for the sterling work done by members of the portfolio committee for the diligence and sensitivity with which they have gone about their deliberations on this Bill. We have noted some of the important views shared with the committee by members of the public and stakeholders. These include the fairly popular sentiment that other military veterans and stalwarts of the struggle against apartheid, besides those who were in military organisations, be considered for similar support.
I cannot conclude my remarks in this debate without, once again, conveying from the Ministry a word of appreciation to the architects of this policy, the Ministerial Task Team on Military Veterans, for a job well done.
Mr M S MOTIMELE: Hon Speaker, hon Ministers, hon Members of Parliament, guests in the gallery, I greet you. Malibongwe! [Let it be praised!]
HON MEMBERS: Igama lamakhosikazi! [The name of women!]
Mr M S MOTIMELE: Hon Speaker, traditionally August is Women’s Month, and it is indeed fitting that we are having the Second Reading debate on the Military Veterans Bill at this juncture in this Chamber. In a way, it is a timely reminder of the integral role that women played in the liberation of our country, especially those who donned uniforms and took up arms to fight for what they believed in. For their sacrifices and unselfishness we salute them and express the confidence that they will continue to be a shining light as we forge our way ahead to address the plight of our military veterans who have served us so courageously.
The Minister established a ministerial task team on military veterans with a mandate to develop policy recommendations; to recommend benefits and institutional structures; and to advise on the appropriateness, or otherwise, of the current legislation regarding military veterans in South Africa. This culminated in a Military Veterans Bill that will begin to address the plight of the military veterans in a holistic, fair and equitable manner.
To kick off this process, we had to get clarity on who qualified as a military veteran. Various opinions were raised regarding who should and who should not qualify as military veterans. Suffice to say, the definition of a military veteran, as accepted by the Portfolio Committee on Defence and Military Veterans, is one that is indeed inclusive, as originally proposed by the task team, with a provision that applicants will be subjected to a means test.
One of the major issues that the Bill addresses are the benefits to be awarded to military veterans as outlined in clause 5. A means test will apply and each case will be treated on an individual basis to determine the exact needs of a specific military veteran as well as those who qualify as dependants of military veterans. These issues are important as there are physical and capacity boundaries that we have to be cognisant of.
Clause 6 outlines the various powers and duties of the Department of Defence and Military Veterans and these range from providing administrative services, collecting and keeping data and information to negotiating with the departments and NGOs to act as agents for the department.
The importance of outlining the powers and duties of the department lies in the fact that it will be more of a co-ordinating structure for the delivery of some of the benefits, as opposed to being the actual delivery agency for all of the benefits. It will therefore require skilful co-ordination and co-operation between these different agencies to ensure that the various benefits will be delivered in a timeous and efficient manner.
The Advisory Council on Military Veterans will be established to advise the Minister on any matter relating to the policies applicable to military veterans. This body will consequently play an essential role to ensure that the Department of Defence and Military Veterans caters for the needs of military veterans in an expeditious and effective fashion.
The appeal board will consider appeals lodged by a military veteran against decisions taken by an official which adversely affect the right of that military veteran. It will also be able to confirm, set aside or vary a decision in terms of the Act. The appeal board will therefore assist in the proper and effective functioning of the Department of Defence and Military Veterans as well as the other related departments and agencies.
In conclusion, the processing of the Military Veterans Bill by the Portfolio Committee on Defence and Military Veterans was marked by the acceptance by all political parties that the plight of our military veterans needed to be addressed in a structured and holistic manner. The various clauses were appropriately interrogated, with the result that the committee is satisfied that the eventual Act will adequately address the purpose of the Bill as proposed by the task team.
It is my belief that the Act will go a long way to attend to the needs of our military veterans in a manner befitting their sacrifices and the sacrifices that their dependants have made for this country. The ANC supports the Bill. [Applause.]
Mr D J MAYNIER: Speaker, a young soldier returning home to South Africa after the Second World War received a message from the Union Defence Force, part of which reads as follows:
The aftermath of war and the process of readjustment are likely to produce many difficulties and problems. Patience and tolerance will be needed, and the demands upon your courage and spirit of service will remain as great as ever.
This message captures the dignity, respect and care that military veterans should receive in the aftermath of war. But the message also anticipates the many difficulties and problems that military veterans experience in the aftermath of war.
The objective of the Military Veterans Bill is to provide military veterans and their dependants with a wide range of benefits, including pensions, health care and housing, provided, of course, that they pass a means test. We must acknowledge that there are many military veterans, from all military organisations, who are in need. We must and we do have a duty to care for all our military veterans in need, and for that reason we support the objective of the Military Veterans Bill.
The processing of the Military Veterans Bill has been a complete shambles from start to finish. The Deputy Minister, who was responsible for driving the Military Veterans Bill, has been a political disaster. Some months ago, he had a bandage around his arm. But what he really needs is not a bandage around his arm, but a bandage around his mouth. [Interjections.] His public statements that former conscripts who served in the SA Defence Force are not military veterans and therefore not entitled to apply for benefits are simply wrong.
The definition of a “military veteran” is clear. A military veteran includes any South African citizen who rendered military service to any military organisation. [Interjections.] The fact is that former conscripts are military veterans and entitled to benefits, provided they pass a means test. Of course, the reality is that few former conscripts will pass the means test and therefore be eligible to receive benefits. However, they do remain military veterans.
The Deputy Minister must surely recognise that we have a duty to care for all military veterans in need and that his reckless public statements have caused unnecessary division and tension among military veterans. My challenge to the Deputy Minister is that he must do the right thing and tell us that he was wrong and let us all move on.
A Ministerial Task Team on Military Veterans was established to make policy recommendations on military veterans. The task team was soon zooming around the world, costing us a whopping R855 000. Its final report, which some task team members claim never to have seen, was simply not credible and, frankly, a big rip-off. The fact is that members of the task team did not earn the R375 000 in allowances paid to them. My challenge to the task team is this: Do the right thing and give the money back or donate it to military veterans.
The Military Veterans Bill could all too easily become a legislative gateway to massive corruption. There are insufficient legislative safeguards against corruption such as a requirement to prescribe a verification process to determine who is and who is not a military veteran. The Bill also provides for the facilitation of or advice on business opportunities for military veterans. One wonders how long it will be before the Department of Defence and Military Veterans is sucked into a corruption scandal, especially since some military veterans associations are currently being ripped apart by corruption and tender wars. [Interjections.]
The costing of the Military Veterans Bill veered from R7,2 billion through to R6,4 billion and was revised down to R1,6 billion over the Medium-Term Expenditure Framework, MTEF, period. However, the final revised costing of R1,6 billion was hidden from the Portfolio Committee on Defence and Military Veterans. The reason for this is that the objectives of the Bill are not aligned with the costing of the Bill.
The Department of Defence and Military Veterans based the costing on incorrect assumptions. They assumed that there are 56 000 military veterans eligible to apply for benefits, when the broad definition of “military veteran” in the Bill means that there may be up to 850 000 military veterans eligible to apply for benefits. The total additional cost of implementing the Military Veterans Bill is therefore likely to be much greater.
We recognise that there are military veterans from all military organisations who are desperate and in need. We also recognise that we have a duty to care for all military veterans who are in need. However, this Parliament is about to pass a Military Veterans Bill that is based on a policy framework that is not credible and has financial implications that are not affordable. We therefore risk creating a gap in expectations between what the military veterans expect and what the Department of Defence and Military Veterans can deliver. And it is only a matter of time before this gap in expectations explodes on the Minister’s political doorstep.
We do support all military veterans who are in need, but we do not support the Military Veterans Bill. We urge the Deputy Minister to go back to the drawing board and make the necessary changes so that we can support the Military Veterans Bill. [Applause.]
Mna L J TOLO: Mohl Motlatša Seboledi sa Ngwako, maloko a hlomphegago, bagagešo, re le ba Cope, re a itumela ka Molaokakanywa wa Bahlabani ba Kgale wo. Go rena ba Cope, bahlabani ba kgale e bile ba bohlokwa kudu. Ke dumela gore re mo ka lebaka la bona. Go be go se bonolo, go be go le boima. Se ke nyakago go se bontšha ke gore re ba hlokomele. Ka 2008 le 2009, ga ke gopole letšatšikgwedi, go bile le yo mongwe wa bahlabani ba maloba kua Khayelitsha, yo a ilego a šomišwa ke banna ba ditekisi, go ba motho wa go thwalwa go dira polao ya sepolotiki, gore a kgone go humana tšhelete. Se se ra gore ga re hlokomele ka tshwanelo. Ke dumela gore re ka ema gabotse, ra hlokomela batho ba. Go ya ka mangwalo a makgethwa, pukung ya Baahlodi kgaolo ya bošupa, go tloga go temana ya mathomo go ya mafelelong, a bontšha gore mašole ke morero wa Modimo.
Re le ba Cope, re a itumela ka taba ye. Fela se ke nyakago go se bontšha ke gore re a ba thekga, re a ba rata, ke bana ba rena. Ba swanetše gore ba kgone go hwetša diputseletšo. Seo ke nyakago go se bontšha seo se sa nkgahlago gareng ga 2008 le 2009, ke gore ke bone go bontšhwa thelebišeneng ba Mkhonto we Sizwe ba maloba ba re bona ba tla dira gore Kapa Bosubela e seke ya laolega. Ke dumela gore ga se mokgwa o mo kaone. Lena le bašireletši ba rena, re itumiša ka lena, re a le thekga e bile re a le rata. Go bohlokwa gore le re rateng kamoka ga rena.
Go bolela nnete e tletšego, ba bangwe ba bana ba gabo rena ba šetše ba ineetše ka mabjala. Mohl Motlatša Tona, Mna Thabang Makwetla, go na le felo go gongwe kua magaeng mo re tšwago gona, mo go se nago diradio, dithelebišene le dikuranta. Mathata ao bahlabani ba kgale ba lebanego le wona, ga ba tsebe gore ba ka a rarollelwa ke mang goba ba a rarolla ka tsela ya mohuta mang. Ke dumela gore mohlomongwe, kudu dinagamagaeng, diradio, dithelebišene le dikuranta di ka re tšwela mohola tša ba magoši a rena a go re romela molaetša.
MaAfrika Borwa, a ke bontšhe gore bo Zimbabwe, Namibia, ešita le dinaga tše dingwe tša kua Yuropa, ba swara bahlabani ba bona ka hlompho e bile ba a ba thekga. Bjale, le rena bohle ba Afrika Borwa, a re lekeng gore re hlokomele gore bahlabani ba ba rena re ba fa thekgo e tseneletšego gore ba kgone go hwetša meputso yeo ba e lwetšego nakong ya go lwela tokologo. Ke nnete gore maitemogelo le tsebo tša bona di ka re tšwela mohola. Mo go lego bothata goba le ge go eba le mahlo a mahubedu, ke dumela gore ba ka re tšwela mohola ka go re šireletša. Ka gona, go bohlokwa gore bahlabani ba ba rena ba maloba re leke go ba fa thekgo. Bale ba kgale, botatago rena, ge be ba etšwa ntweng, be ba fiwa jase ba bangwe paesekela. E be e se mokgwa o mo kaone. A re ba putseng gore ge ba robetše, meboya ya bona e robale ka khutšo.
Go na le ba bangwe bao ba hlokofetšego; basadi le bana ba bona ba a diila. Potšišo yaka ke gore a na bana ba rena bao ba hlokofetšego ba le ntweng, re swanetše re dire bjang ka bona ka gore ba be ba se ba hwetše meputso ... [Tšhwahlelo.] [Nako e fedile.]. Ke a leboga. (Translation of Sepedi speech follows.)
[Mr L J TOLO: Hon Deputy Speaker, hon members, as Cope members we support the Military Veterans Bill. We believe that the military veterans played a pivotal role and they are the reason we are here today. It was not easy for them and I would like to indicate that we have a duty to care for them. In 2008 and 2009 - I do not remember the exact date - a military veteran in Khayelitsha was hired by taxi men to take part in a politically motivated killing in exchange for money. This indicates that they are not being taken care of. I believe we can take good care of these people. The Word of God, in Judges chapter seven, indicates that the military veterans are part of God’s plan.
Cope members appreciate this and we support them, we love them, they are our children. They are entitled to the benefits. Around 2008 and 2009 I saw members of Umkhonto weSizwe on television saying that they wanted to make the Western Cape ungovernable. I believe this is not right at all. You have to protect us, we are proud of you, we support you and we also love you. You too have to love us.
To be honest, some of our brothers have resorted to alcohol. Hon Deputy Minister, Mr Thabang Makwetla, in some of the rural areas we come from, there are no radios, televisions or newspapers. The military veterans do not know who to approach with regard to the challenges they are facing. I believe the radios, televisions and newspapers are the forms of media that can be used to pass on information in rural areas.
Fellow South Africans, let me indicate that Zimbabwe, Namibia and European countries respect and support their veterans. Let us give our fellow patriots the utmost support and make sure that they get the benefits they fought for during their struggle for liberation. I believe that with their experiences and knowledge they can protect us in times of trouble and it is therefore necessary that we support them. Long ago when our fathers came back from the war they were given a coat; some received a bicycle as a token of appreciation. This was not the best way of showing appreciation. Let us provide the military veterans with the benefits they are entitled to, so that they rest in peace when they leave this world.
Some of them have died and their dependants are living in poverty. How are you going to address the issue of those who died during the struggle because they died before they could receive their benefits ... [Interjections.] [Time expired.] Thank you.]
Mr M A MNCWANGO: South Africa had several leading figures and role-players during our transition from apartheid to democracy. Some of these role-players included the IFP, Azapo, the PAC, the ANC and many others. Our freedom today belongs to all of us, and it is because of the collective efforts of all of these organisations that we are fortunate to live in a free South Africa today.
It was with this in mind that we welcomed the restructuring of the Department of Defence to include military veterans in 2009. We welcomed the allocation of funds to those who dedicated their lives to the struggle for freedom. The restructuring of this department heralded a new era in which we would finally recognise and honour the selfless contributions made by many fellow patriots in bringing about the realisation of a peaceful, democratic and prosperous South Africa. The IFP welcomed this development as a step towards intensifying our reconciliation and nation-building efforts.
However, today the IFP remains disillusioned, as the proposed Bill has not lived up to its expectations. We continue to lament the exclusion of some groups from accessing the benefits that are rightly due to them.
In a statement to the Portfolio Committee on Defence and Military Veterans on 25 May 2011, the Deputy Minister, Mr Makwetla, argued for the exclusion of many groups of veterans, including former national servicemen and potentially other groups. However, in June of this year, Mr Makwetla said that the Bill was clear in that it was dealing with former soldiers in the former South African Defence Force, liberation movement armies and ex—armies of the former Transkei, Bophuthatswana, Venda and Ciskei, TBVC, states. Mr Makwetla explained that the Bill was very clear about who would be eligible to apply for benefits once the proposed law had been passed.
However, this has not been our experience. For instance, there has been mass confusion as to who is and who is not regarded as a military veteran. It is our understanding that the erstwhile KwaZulu self-protection units, SPUs, as well as the ANC-aligned self-defence Units will be excluded from receiving benefits, as proposed by this Bill.
The men and women who formed part of these SPUs worked diligently for the establishment of conditions that would make a peaceful and negotiated settlement possible. These SPUs are military veterans too, as they were a part of a section of the South African community that was involved in waging and resolving the political conflicts of our past.
In conclusion, I would like to remember my dear friend, Mr Siegfried “Gobogobo” Bhengu. Siegfried passed away recently. He was a former member of the ANC and later the IFP. He was part of the first group of Umkhonto weSizwe, MK, recruits who left the country in the early 60s to receive military training in various countries in Africa as well as Russia. He was in the first detachment of MK that was infiltrated back into the country at the height of apartheid. He was later arrested and spent 10 years on Robben Island with the former President Nelson Mandela, Mr Walter Sisulu, baba [father] Andrew Mlangeni and many others.
The IFP supports this Bill. [Applause.]
Mnr P J GROENEWALD: Agb Adjunkspeaker, wat hierdie wetsontwerp betref, stel die VF Plus basies twee vereistes. Die eerste is dat as ons van militêre veterane praat, word almal ingesluit. Die tweede aspek is of dit bekostigbaar is.
Wat “almal” betref, is die VF Plus tevrede daarmee dat dienspligtiges van die vorige bedeling ook ingesluit word by die definisie van militêre veterane. Dit sê baie duidelik “enige persoon wat diens gelewer het vir die statutêre of nie-statutêre magte”. Ek dink daar word nou vir die eerste keer ook behoorlik erkenning gegee aan veral die lede van die voormalige Kaapse (Kleurling) Korps wat ook hul diens gelewer het.
Die bekostigbaarheid moet nog bepaal word, nadat die Minister die middeletoets daargestel het. Ons wag vir daardie middeletoets. Ons wil sien wat daardie middeletoets is, want ons weet die begroting van die Weermag is in hierdie stadium onder druk. Die vraag is of ons daardie geld gaan kry.
Ek weet die agb Adjunkminister het ’n flater gemaak met sy uitlating, maar agb Adjunkminister, ek weet dat u verkeerd ingelig was deur sekere amptenare oor die personeelregister en of van die lede op die register is, al dan nie. So, u kan rustig wees. Ons weet die dienspligtiges is ook ingesluit in die definisie. (Translation of Afrikaans speech follows.)
[Mr P J GROENEWALD: Hon Deputy Speaker, with regard to this Bill, the FF Plus basically sets two preconditions. The first is that when we talk of military veterans, everyone should be included. The second aspect is whether it is affordable.
Regarding “everyone”, the FF Plus is satisfied that the conscripts of the previous dispensation are also included under the definition of military veterans. It clearly states “any South African citizen who rendered military service to any of the military organisations, statutory and nonstatutory”. I think there is now also, for the very first time, proper recognition being given particularly to the members of the former Cape (Coloured) Corps, also rendered service.
The affordability must still be determined once the Minister has introduced the means test. We are waiting for that means test. We would like to see what that means test is all about as we are aware that the budget of the Defence Force is presently under pressure. The question is whether we will receive those funds.
I know the Deputy Minister made a blunder with his statement, however, hon Deputy Minister, I know that you were given the incorrect information by certain officials regarding the staff register and whether or not some of the members are listed on the register. So you can rest easy. We know the conscripts are also included in the definition.]
Ms N R MABEDLA: Hon Deputy Speaker, hon Ministers, hon Deputy Ministers, hon members and guests in the gallery ... mandikhahlele kuloo magorha namagorhakazi oMzantsi Afrika athi anikezela ngobomi bawo ngokulwela isizwe. Amanye kuwo aya elubhacweni eshiya ngasemva amakhaya nezihlobo, esiya kulwela le nkululeko siyixhamlayo namhlanje. Amanye kuwo abuya engamathambo enazo nezivubeko; amanye abuya amalungu omzimba engaphelelenga. Siyakhahlela kuloo maqhawe namaqhawekazi ngale nyanga yamakhosikazi. (Translation of isiXhosa paragraph follows.)
[... let me praise those South African heroes and heroines who sacrificed their lives fighting for the nation. Some of them went into exile leaving behind their homes and relatives, fighting for the freedom that we benefit from today. Some of them returned in a skeletal state and scarred; some have lost limbs. We praise those heroes and heroines in this Women’s Month.]
The Military Veterans Bill has many features in its attempt to bring about a more just and equitable dispensation for our military veterans. One of the features that was debated extensively in the Portfolio Committee on Defence and Military Veterans is benefits. This Bill seeks to set out the benefits available to military veterans and their dependants. Assistance rendered varies according to the subjective circumstances of the veterans concerned. It should be noted that such benefits are provided subject to a needs assessment.
Clause 5 of the Military Veterans Bill outlines 11 benefits that should be awarded to military veterans. These benefits were internationally benchmarked and have also been costed with different options to determine relevance and affordability. The ANC welcomes the compensation for injuries to military veterans who sustained disabling injuries during military activities. Anyone who has been in contact with such members will know what they are going through, especially those who have been left with severe psychological and psychiatric scars. Hence we also appreciated the proposed counselling of and treatment for those who suffer from serious mental illness, post-traumatic stress disorder or related conditions.
The honouring and memorialising of fallen military veterans as well as burial support declare our sense of belonging, our sense of where we come from and our deep-seated belief that we have to pay our respects to those who led us so bravely and relentlessly to the democracy that we enjoy today.
Once more, this is an attempt to honour their sacrifices, to reintegrate them back into society and to restore their quality of life to the greatest extent possible. The Bill requires state departments to take legislative steps to ensure that the objects of this Bill are indeed realised.
This piece of legislation provides for the Minister to ensure that benefits are paid or provided to military veterans. This may be done through the department or by other state organs through service-level agreements with the Ministry, in consultation with the Finance Minister.
In conclusion, the benefits in clause 5 are testimony to the esteem in which we hold our military veterans. The cost of the benefits over the Medium-Term Expenditure Framework, MTEF, is reasonable, affordable and justifiable; and we therefore implore all stakeholders to assist us in addressing the plight of our military veterans in a manner that is commensurate with their sacrifices. The ANC supports the Bill.
Mr S N SWART: Deputy Speaker, we as a nation are deeply indebted to our military veterans, statutory or nonstatutory. We must recognise and honour them in life and remember with deep gratitude those who gave their lives for their nation.
It is also very important to ensure a smooth and seamless transition for military veterans from active military service to civilian life. To restore those who suffered disabilities we need to provide comprehensive benefits and services and ensure that veterans contribute to the prosperity and development in the country.
We need look no further than far north to see the destructive role that veterans can play if they are not properly looked after. Let us assist our veterans to contribute to the peace, prosperity, development, reconciliation and nation-building of our country and also assist them to beat swords into ploughshares and spears into pruning hooks.
While the ACDP shares concerns regarding the budgetary impact of this Bill and how the amount of R1,6 billion was arrived at, there can be no doubt that we must look after our military veterans who have served our nation with pride. The ACDP will therefore support this Bill.
Mrs M N MATLADI: Hon Deputy Speaker, the inclusivity of the definition of a military veteran is laudable and I am sure it will be welcomed by many who served in the military on any side. The truth is that when we talk about military veterans who are in dire straits we are not only talking of one side of the fence. The approach in this Bill is indeed fresh and truly represents a break from old thought patterns, where some think that their involvement was more noble because they fought on a certain side considered in some circles to have been noble.
However, there are a concerns that one has to raise. In particular, there is a difference in the amount that has been given by the consultancy Alexander Forbes, which estimated a cost of R65,2 billion. The department has its estimate of R34,6 billion, which is almost half of the former. The question is: Is it the department that has overstated or understated or is it Alexander Forbes that has gone a half beyond?
With this the UCDP supports this Bill 100%. It is long overdue and it will help our people. [Time expired.]
Mr K J DIKOBO: Hon Deputy Speaker, Azapo will support every attempt to improve the lives of our military veterans. We have said before that our freedom did not come on a silver platter. People fought for it and some paid with their lives.
Some of those who were in the trenches, particularly those coming from the nonstatutory forces or liberation movement, are destitute as we speak. They have no access to health care. Some of them suffer from post-traumatic disorders and therefore need urgent medical care.
Some cannot find employment because while some of us were acquiring qualifications, they were out there waging a war of liberation. Therefore they cannot now support their families. Some of them are too old to seek employment and have no pension to fall back on.
Azapo says that the contribution of military veterans cannot be measured in rands and cents and wholeheartedly supports the Military Veterans Bill.
Ms H C MGABADELI: Hon Chairperson, Deputy Minister, members and people in the gallery, we greet you all. The introduction of the Military Veterans Bill in Parliament marked a significant point in addressing the plight of our military veterans. The role of women in the liberation of this country, as has been said, is commendable. This being the month of celebrating our women, allow me to echo the gratitude and appreciation with regard to our female military veterans. Without their sacrifices we would not be here today.
An Umkhonto weSizwe commander, the late Commander Moses Mcane Mabhida, said: “A nation that forgets its past has no future”. Our veterans are therefore our representatives in the journey that we have travelled.
Let me take you through the advisory council on military veterans, established by section 9. The task of the advisory council will be to advise the Minister on all matters that are related to the policies applicable to military veterans and provide expertise and understanding of military matters in general and military veterans in particular.
While it is understood that the advisory council’s function is mainly to provide advice and support to the department, it is also expected to be diligent in executing its tasks in order to ensure that the benefits are rendered to military veterans in a very professional manner.
In the debate on the state of the nation address, the Deputy Minister, Comrade Thabang Makwetla, said: “Nothing for us without us”. Therefore we are saying at least 50% of the members of the advisory board must be military veterans.
Hon Motimele has covered the role of the appeal board but I just want to add to what was said and say it is crucial that the independence of this board should be protected and supported and not interfered with. One member of the board needs to be an advocate or other legally qualified person. This will help resolve our fears of corruption and other issues. The person should have at least 10 years’ experience and this should be seen as a way of ensuring that the rules of natural justice are followed in case of a dispute.
In conclusion, I want to say the advisory council and the appeal board will have to be effective and efficient to promote co-operation and co-ordination between these two bodies while assisting the department to execute this task.
The ANC supports this Bill and I am so happy that all the political parties support it. Hon members know that with us parliamentarians we have a number of bangages to support. So, whether the bandage goes to the arm or to the forehead — let us not worry about that. The reality is that we are all interested in supporting our veterans. I am so happy about the hon Tolo taking us even further and saying that we should look at biblical studies. He included biblical teachings because, really, we are all from one person. We are one country, in unison. The ANC supports this Bill.
The DEPUTY MINISTER OF DEFENCE AND MILITARY VETERANS: Hon Deputy Speaker, and to the members of the portfolio committee who participated in this debate, I wish to express, on behalf of the Ministry, our appreciation for the support extended for this Bill.
I want to quickly indicate that the support for the Bill expressed by the DA should be put in context because actually — at least the support expressed by hon member Maynier — is not support. I am going to explain why I’m saying that it is actually not support.
It is not support because right from the beginning, when the Bill was introduced, hon member Maynier – I don’t know whether he did this on behalf of the party or because he was furthering the party line – desperately tried to discredit the introduction of the Bill on the grounds that the Bill was not affordable. It was too costly — that was the first argument.
The reason why the Bill was said to be too costly was that the estimation of the budget involved was calculated on the basis that the population of military veterans that we have today was largely of a particular age group and therefore, from the point of what it would cost government to support them for the remaining years of their lives, it would cost the billions that he was talking about. However, there is no policy in government that is worked out that way. It was a clear and desperate attempt to say this Bill should not be introduced.
The reason for this is obvious: In the constituency that the hon member represents, we have never heard anyone saying that former white soldiers who were conscripted to do national service were in need of government support. We have never heard that. He knows that there is actually no such problem. That is why he could afford to say this Bill should not be introduced.
However, when he failed, he then moved on to say that the definition of the beneficiaries, the military veterans, should actually include all white males who have gone through national conscription in this country. In response to that, we said no, we would then be missing the target community of citizens who had been identified as needing government support. Quite simply, if we were to say that all white males in South Africa above the age of 38 should be put here as people who deserved government support, we would be making a mockery of the problem that we as government need to address. The reason for this is that those people, the white male South Africans above the age of 38, are among the most empowered and most powerful citizens in this country. They need no support from anybody, as a matter of fact.
However, let me continue and say that our definition of military veterans is highly inclusive. In some quarters it could not even have been imagined that the people whom this Bill says we should look after would include those who fought in defence of apartheid and who, during that service, received salaries. When those people left the service, they received pensions. Today they have a military veterans’ association, the Council of Military Veterans’ Organisations, CMVO, which is awash with resources for looking after those people. However, we have included them!
This Bill caters for all South Africans who were in military organisations — statutory and nonstatutory. Those South Africans will be South Africans whose names appear on the lists submitted by all the organisations involved in 1994, when the new SA National Defence Force was established. The then SA Defence Force, SADF, submitted a list of 90 000 troops. Those 90 000 troops are part of these military veterans. The SADF did not submit a list of over half a million white males who were said to be its members.
The reality is that national service — if we are honest about what it is that we are seeking to address as the problem — did not deprive a white South African male of the opportunity to become what he wanted to be in life simply because he was doing national service. They were ordered for a limited period of time, two years or so, to go for national service. After that they would continue with their lives, plans and careers. To that extent, they cannot today be presented as people who are a problem that we must look after.
We have noted the comments made by other parties here about matters that we must take care of. For example, there was the issue raised by the hon Tolo, namely that the information around this intervention needs to be communicated to military veterans, especially those who are in rural areas far from the reach of what is going on in our government departments.
Furthermore, with respect to the point raised by hon Mncwango about the self-defence units and the self-protection units, we do not, even for a moment, want to suggest that there are no South Africans who may, for one reason or another, need support from government. We do not want to suggest that there are people who, due to their involvement in the past as a result of the struggle against apartheid or their involvement in defending the status quo, do not need support from government. Their involvement in the past led to the disruption of their lives and today they need support from government.
However, the Bill talks about military veterans — those who were soldiers. Self-defence units did not belong to military organisations. Self-protection units did not belong to military organisations, unless the hon member Mncwango wants to tell this House that there is a military organisation that he knows of, which was never declared and to which these people belonged.
I want to say that the work that must be done in order to improve the lives of military veterans in this country is enormous. We need to make it a point that at the end of the day, when this policy shall have been realised, military veterans enjoy pride of place within our communities and their sense of self-worth is restored. [Applause.]
Debate concluded.
Bill read a second time (Democratic Alliance dissenting).
PROTECTION FROM HARASSMENT BILL
(Consideration of Report)
There was no debate.
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move:
That the report be adopted.
Motion agreed to.
Report accordingly adopted.
PROTECTION FROM HARASSMENT BILL
(Second Reading debate)
The MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Madam Deputy Speaker and hon members, randomly selected real-life experiences of victims of harassment recorded by the South African Law Reform Commission reveal silent and heavy-breathing phone calls every hour throughout the night; up to 300 abusive phone calls and text messages a day; a funeral parlour arriving to collect a prominent doctor’s supposed dead body from his house during his daughter’s wedding celebration; and someone gaining undetected entry into a woman’s home, moving her furniture and leaving glass shards in the food in her refrigerator.
Stalking and stalkers who thrive on it need to be taken seriously. Stalkers are, by their very nature, obsessive and often very dangerous. Growing every day, stalking is also prevalent as a precursor to many other violent crimes, with most of the victims being women and children.
In October 2009, a stalker gained access to e.tv journalist Shadi Rapitso’s house. When she rejected his declaration of love for her, he kidnapped her and fatally stabbed her in the neck. Her shocking murder alerts us to the fatal consequences of stalking.
Three rights contained in the Bill of Rights are particularly relevant to the Bill we are debating today. These are: section 10 of the Constitution, which refers to the right of all citizens to have their dignity and rights respected and protected; section 12, which gives citizens their freedom and security of the person, including their right to be free from all forms of violence; and section 14, which gives every citizen the right to privacy.
The Bill also gives effect to section 7 of the Bill of Rights, which is a cornerstone of our democracy. This section enshrines the rights of all our people by affirming the democratic values of human dignity, equality and freedom. In terms of this section, the state is enjoined to respect, protect, promote and fulfil the rights contained in the Bill of Rights. To deal with the concerns of media freedom, the Bill is also crafted in a manner that ensures that it does not affect the reasonable activities of investigative journalists who may, in the course of their duties, be accused of harassment.
This Bill is intended to address stalking by means of a quick, easy and affordable civil remedy in the form of a protection order. These provisions are not entirely new on our Statute Book. Hon members will notice that many of the provisions in the Bill have resonance with the Domestic Violence Act of 1998. The current Bill deals with stalking when the stalker and the victim are not in a relationship, while the Domestic Violence Act deals with transgressions where the two are in a relationship.
In terms of this Bill, the harm caused is not limited to physical harm but is defined to include any mental, psychological or even economic harm. Unreasonableness forms the basis of stalking behaviour and the courts will have to consider each allegation of harassment on a case-by-case basis.
A victim of harassment may apply for a protection order against harassment at a magistrate’s court that is a designated district court. To increase access, an application for a protection order may also be brought outside ordinary court hours if the court is satisfied that the complainant may suffer harm if the matter is not dealt with expeditiously.
If the victim hands an affidavit to a member of the South African Police Service proving that the stalker has broken any term or condition contained in the order, the police official has discretion either to arrest the respondent or to issue him or her a notice to appear in court on a date specified in the notice to face criminal charges of contravening a protection order.
Public hearings conducted by the portfolio committee led to many important insertions which enhance the Bill’s effectiveness. The last insertion in the Bill relates to concerns raised by the media during the public hearings, as I have already indicated. The view was expressed that the Bill might have unintended consequences and impact negatively on press freedom, particularly in the case of the investigative journalist. That is why the portfolio committee inserted the amendment. We are of the view that the compromise that has been made has found its way into the Bill in the form of factors to be considered by the courts, which constitutes an acceptable balance.
With those few words I plead for this House to accept this Bill. [Applause.]
Mr L T LANDERS: Deputy Speaker, the Bill of Rights in our Constitution provides for, among others, the right to dignity, privacy, freedom, and security of person, including the right to be free from any form of violence. Realising the prevalence of stalking and harassment in our society, the SA Law Commission undertook an investigation into the matter. The investigation culminated in a report that set out suggestions as to how stalking could be addressed.
In an effort to prevent infringements on the rights that both I and the hon Minister have referred to, the SA Law Commission’s report has resulted in the drafting of a Bill by the Department of Justice and Constitutional Development which is the subject of this debate. As the hon Minister has pointed out, the Bill seeks to prevent stalking or harassing behaviour by any person against another. This is done by providing the victim of harassment the right to approach a court for an order of that court that prohibits the respondent or harasser from continuing with his or her harassing behaviour. Contravention of the court’s order is criminalised.
The Bill defines harassment as:
Directly or indirectly engaging in conduct that the respondent knows or ought to know causes harm or inspires the reasonable belief that harm may be caused to the complainant or a related person.
Conduct that falls within the definition of harassment includes following, watching, or accosting the victim, and communicating by any form of communication. The harm caused is also not restricted to physical harm. It is sufficient for the complainant to experience psychological harm or to have the belief that actual harm may occur.
In terms of the Bill, a complainant may apply for a protection order by lodging an application in a magistrate’s court. In the event that the applicant or complainant is not represented, the clerk of that court must inform him or her of the relief available and the right to lodge a criminal case.
Conversely, any person with material interest in the welfare of the complainant may bring the application on that complainant’s behalf with the complainant’s written consent. However, the written consent is not required where the complainant is a minor. Provision is also made for applications to be lodged outside normal working hours where a court is satisfied that the complainant could suffer harm if the application is not heard urgently.
Provision is also made in clause 3 for the court to issue an interim protection order if the court believes there is sufficient evidence that the respondent is harassing the complainant, that harm may be suffered by the complainant if the order is not issued immediately, and that the consequent protection will not be effective if prior notice is given to the respondent. The interim order must be served by the clerk of the court, a sheriff or a peace officer on the respondent. This should be accompanied by a copy of the application and the respondent must provide reasons to the court as to why the interim protection order should not be made a final order.
I am going to deal with an aspect that was introduced into the Bill by the committee and that is the initiative found in the Bill dealing with harassment by means of electronic communication or electronic mail over an electronic communication system of a service provider.
Clause 4 provides that if a court is considering an application where harassment took place using electronic communications, all the details of the alleged harasser, including his or her electronic communications, identity number, names, surname and address must be provided to that court within five days. This will enable the court and law enforcement agencies to trace such perpetrators.
The committee also considered a situation where complainants may bring to the court complaints that are not true or factual, and it seriously considered whether this should be criminalised. However, the committee thought better of it and, in its report, has asked for the Ministry to give serious consideration to this matter with the view to bringing it back to this Parliament for further amendments to the law. [Applause.]
Mrs D A SCHÄFER: Deputy Speaker, in passing this Bill today, we are addressing an important vacuum in the fight against harassment. The current legal status only provides for remedies in respect of people who are or who have been in a domestic relationship. This Bill provides for a quick and inexpensive remedy in the magistrate’s court for anybody who is being harassed. The harm inflicted may be mental, psychological, physical or economic. Sexual harassment has now also been specifically included.
The category of electronic harassment or cyber-bullying has also needed attention for some time, and this Bill will now provide remedies for obtaining a court order prohibiting same. Of particular significance is the provision that it enables the court to compel an electronic communications service provider to divulge the identity of a person who is anonymously harassing a complainant.
We have been mindful of concerns regarding people’s right to privacy and their right to retain their anonymity on the Internet. To cater for this, we have specifically provided that a service provider, before furnishing the details of an alleged harasser to a court, must advise the individual whose details are to be disclosed, no less than 48 hours before the details are to be given to the court. In this way, if a complainant is abusing the system to obtain the details of an individual without good reason, they may approach a competent court for an interdict prohibiting the disclosure. If a person is in fact harassing somebody and trying to hide behind an anonymous Internet or cellphone identity, they should not be allowed to do so.
The media had some concerns that this Bill may interfere with their freedom to conduct investigative in particular. We fully support freedom of the press and understand their concerns in the light of recent events. However, journalists also do not have the right — to coin a pun — to have carte blanche in the way in which they collect their information. Their behaviour will still have to be reasonable, and we accordingly did not assent to a complete public interest defence.
We have, however, taken their concerns seriously and believe that the final Bill is a very satisfactory balance between the rights of individuals and the rights of people, such as journalists, to do their jobs. There are a number of safeguards for journalists in particular. Firstly, nobody will be prohibited in any way from performing their day-to-day activities. If someone believes that their behaviour amounts to harassment, they must approach a court for an order. Before the court grants such an order, it will have to be satisfied that the conduct does in fact amount to harassment. An integral part of the definition of harassment is that the conduct must be unreasonable.
In order to protect people from being unfairly accused of harassment in the course of their work, such as may be the case in respect of journalists or police officers, the following factors have been included, which a court must take into account when determining whether conduct is unreasonable. These are whether the conduct is being engaged in for the purpose of detecting or preventing an offence, in order to reveal a threat to public safety or the environment, to reveal an undue advantage in a competitive bidding process, or to comply with a legal duty.
Given that the hon Jeffery is speaking after me, I feel obliged here to comply with his specific request to acknowledge that this was in fact his idea, and I hereby do so. [Interjections.] It was a good idea, and we agreed with that fully. [Interjections.] When a court determines whether the conduct is unreasonable, all these factors, as well as any others the court considers relevant, must be taken into account. These must all be considered against the Constitution which places a high value on freedom of speech. We are thus quite comfortable that there are sufficient safeguards to ensure that only extreme behaviour by journalists and the like would possibly be affected by this Bill, and that if the behaviour is that extreme, the person suffering as a result of that behaviour should be entitled to an order restraining it.
Secondly, if an order is obtained without the respondent having notice thereof, there is the option that the return date may be anticipated by 48 hours’ notice, so that anyone who wishes to challenge the granting of the order will be able to get back to court within a few days of the order being granted. This is an additional safeguard to protect legitimate interests from being thwarted by the complainants under the guise of a harassment complaint.
There are times when a person is harassed by someone whose identity is unknown to them. This can be as simple as someone following a person, or loitering where they happen to be. Too often in cases like this, there are complaints that the police do not take that matter seriously. Unfortunately, given the high rate of violent crime in this country, the police often tend to regard this kind of matter as unimportant, as there is no blood involved. This Bill provides that a court may order the police to investigate a matter of harassment in order to ascertain the identity of the complainant.
We have also included an enabling provision for the police to empower them to investigate the identity of an alleged harasser who is not known to the complainant, if the complainant makes an affidavit to the effect that he or she intends applying for a protection order, and if it appears that there are reasonable grounds for believing that the person against whom the complaint has been made is engaging in harassment.
We thus believe that the Bill is an important step in combating all forms of harassment, and the interests of all parties have been taken into account in drafting a well-balanced piece of legislation that provides for a quick, effective and inexpensive remedy. The DA supports this Bill. [Applause.]
Ms L H ADAMS: Hon Deputy Speaker, the intention of this Bill is to ensure that the harassment, better known as stalking, of any person will become an offence, even though no official South African statistics of stalking exist. But we all know that it is real.
Cope dedicates this speech to Shadi Rapitso, a young e.tv journalist who was killed by a stalker in 2009 simply because she was not in love with him. The stalker held her hostage before fatally stabbing her with a knife. Shadi never applied for a restraining order against him since he had not been violent.
This Bill will now allow victims of harassment to obtain a protection order irrespective of whether the stalker is violent or not. It is a pity, though, that we cannot prevent stalking but can only criminalise it. Would the world not have been a better place if men simply understood when women were not romantically interested in them, or vice versa? Even better, would the world not have been a safer place for our children if they were not harassed by paedophiles?
We also have to acknowledge that in one cultural community certain behaviour might be seen as normal whereas in another cultural community the very same behaviour might be seen as harassment. I know that at times mothers encourage their daughters not to be rude to men who show an interest in them. The daughter, on the other hand, might feel that this interested “partner” is harassing her.
Another example would be when a men chooses a woman whom he thinks should be his wife. If this woman does not agree with his proposal, the man may try against this woman’s will to convince her otherwise. This scenario might be considered the norm in some rural areas as opposed to urban areas.
In urban areas, for example, different types of harassment also occur. A woman may continuously call a man she is interested in even though the man may have informed her that he is not interested in her. This scenario could be considered the norm because men are mostly seen as willing participants.
Once this Bill has been passed by this House, the responsibility now lies with us to teach South Africans in all the different cultural, urban and rural communities that there is a fine line between harassment and a choice regarding whom we associate with. The protection of women and children in South Africa must always remain a priority for all of us. Cope supports this Bill.
Mr M G ORIANI-AMBROSINI: This is a good Bill and we support it. We worked hard on it and I think it came out fairly well. There are a couple of things which, perhaps, will be worthwhile to highlight, over and above what has been said thus far which aptly describe the Bill.
Hon Schäfer referred to the provision relating to sexual harassment, and so did hon Adams. One thing that needs to be said is that this provision brings to fruition what was meant to be achieved by the Labour Relations Act, which somehow did not work. Effectively this will be the first time in South Africa that those impacted by sexual harassment will have an actual remedy against this practice, especially in the workplace. We are confident that it will be able to bring about what the Labour Relations Act wanted to bring about, but failed in in respect of sexual harassment.
There are a couple of minor concerns. The definition of “related person” and the effect that it carries in the Bill seem to remain contradictory. One would hope that that will be taken care of at the NCOP level.
The other concern is about the limitation of the space of freedom in terms of anonymity on the Internet. I’m satisfied that, through the amendments made in the committee, there are belts and braces to protect any abuse in respect of this Bill. Nonetheless, it is concerning that, for the first time, we are creating state powers in what was an area of freedom; where there was anonymity. A great deal of these things are done for the right reason but they remain wrong and intrusive.
We need to remain vigilant to make sure that this space and this new power will not be abused. We must keep in mind that what we are dealing with here is not a crime. We are dealing below the level of criminal activity. Harassment in this Bill is not a criminal harassment. In that respect the limitation on the space of anonymity on the Internet, in spite of the belts and braces built into this Bill, was a matter of concern that we raised.
With that qualification we support the Bill and recommend it to the National Assembly for approval.
Mr S N SWART: The main aim of the Protection from Harassment Bill is to criminalise stalking behaviour, as has been alluded to by previous speakers, and clearly the ACDP supports this.
We initially expressed concern that this Bill will have a negative impact on investigative journalism, where journalists are often required to call people frequently or in some instances confront them with questions or even follow such persons. However, the Bill has now been amended and we welcome those amendments to deal with these concerns. The court is now required to consider a number of factors before it grants a protection order. These factors were alluded to by my colleague and I won’t repeat them but they are very welcome. These factors will cover and protect investigative journalists as long as they satisfy those factors and act in a reasonable manner.
We as the ACDP believe that this Bill will go a long way in protecting vulnerable people from various unwanted and threatening behaviours. What is becoming more prevalent is stalking on social networking pages such as Facebook, particularly by paedophiles and sexual predators. A protection order will now be obtainable to stop this reprehensible conduct. The ACDP supports this Bill.
Mrs I C DITSHETELO: Thank you, Chair. One presumes that the intention behind the Bill is to strengthen the Domestic Violence Act and the Criminal Procedure Act as far as harassment is concerned. Of course, these pieces of legislation have been, for the most part, toothless. As a woman I would say that they failed too many of our women. In that context, anything that seeks to strengthen justice, especially as it relates more to women, is therefore welcomed.
However, I have been of the view that the failures attributed to the Criminal Procedure Act and the Domestic Violence Act were not necessarily inherent in the pieces of legislation themselves being vague in certain matters, but stemmed from officials who were not properly trained or are just unwilling to transform and apply the law as it should be applied.
How do we intend to curb that? We have seen too many victims of harassment and violence reluctant to apply for protection orders for economic and many other reasons. I therefore consider it good that there is a provision in which a third party can apply on behalf of the victim. However, I have serious concerns with the clause that suggests that in order to do so, one must have an interest in the safety of the victim and the victim must be considered in the eyes of the court to be unable to apply for himself or herself. I argue that interest may be difficult to establish and probably not necessary.
Secondly, proving the inability of the victim ... [Time expired.]
Mr J H JEFFERY: Mr Chairman, on behalf of the ANC, I rise at the end of this debate in support of the Bill. I think, as members would know or could see from the debate, that all the parties were supporting the Bill. Unfortunately the UCDP was not part of the committee deliberations but, generally, there was consensus and unanimity — with the possible exception of Dr Ambrosini’s sometimes obscure points regarding the provisions of the Bill and the amendments made.
What I want to address, though, is the issue that other speakers have alluded to, namely concerns with the Bill from the media. We received written and oral submissions from both the SA National Editors’ Forum, Sanef, and Avusa Limited, the owners of, among others, The Times, the Sunday Times, the Sowetan and the Business Day, that the Bill may be used against journalists who are legitimately and in good faith pursuing a story of public interest.
As the ANC, we support the right to freedom of expression and of the media. For that reason, we, as the ANC, proposed an amendment to the Bill, which is contained in section 9(5). Other colleagues — hon Schäfer and hon Swart — have read it out or referred to it. In deciding whether to grant a final protection order and whether the conduct that is being complained of or the alleged harassment is unreasonable, the court must take into account the circumstances in which the conduct was engaged in — the reasons for that conduct. That covers the issue of the media. So, these are the factors that the court must consider with regard to whether the conduct amounted to harassment or not and should ensure that the work of journalists in conducting investigative work is not unreasonably restricted.
There was a grudging acceptance of the amendments by some sections of the media. Others, however, felt that the media should be exempt altogether. After this amendment was agreed to, a prominent media lawyer, Dario Milo, who appeared before the committee representing Avusa, was quoted in the media as saying:
The concession fell short of the ideal solution for reporters, but it was an attempt to take into account concerns about freedom of information and the media. Although it is a concession of sorts, it would have been preferable to have an exemption for journalistic inquiry in investigative reporting.
This exchange raises important issues about the often vexed relationship between Parliament — and government, more broadly — and the media. Sanef, for example, complained about not having been properly consulted on the Bill. This Bill was years in the making, as it originated from the SA Law Reform Commission, which commenced work in January 2003. The SA Law Reform Commission engaged in an extensive public consultation process which included the release of a discussion paper for public comment. Sanef, however, seems to feel that they need a special invitation to participate in these processes, and this cannot be correct. Therefore I would really urge Sanef to monitor general invitations to the public to make an input.
Sanef then also felt that journalists should be allowed to “push the envelope”. They told us that journalists employ a myriad of techniques in the pursuit of public-interest news stories. In their oral submission they effectively told us that journalists should be allowed to pursue a person until he or she answers their questions. Effectively, what they seemed to be saying is that although everyone has a right to remain silent and not be compelled to speak, this right does not apply against journalists.
The fundamental question is: Can a journalist harass somebody? I think the answer is, very obviously, yes. Individuals need to be protected against this, if they want to be. Journalists are human beings like the rest of us; they are not paragons of virtue from some different spiritual plane. We have seen in the United Kingdom the hacking scandal that contained News of the World reporters who hacked into people’s cellphone voice messages that “pushing the envelope” can strongly impinge on people’s rights. In addition to the issues I have raised, if you have an exemption for journalists, how do you define a journalist without getting into the territory of registration, which is — not surprisingly — anathema to Sanef?
All the rights in Chapter 2 of the Constitution need to be balanced against each other. In his opening speech the Minister referred to some of those rights, as did the chairperson of the committee. The right to freedom of expression and the right to privacy need to be balanced against the freedom of the press.
I think by including this amendment, the one that I and other members referred to earlier, we as the ANC members of the Justice committee believe we have developed a good compromise in providing for the court to consider whether the allegedly harassing conduct was engaged in to investigate, among others, a news story in deciding whether, in effect, this amounted to harassment or not. Therefore, as the ANC, we support the Bill. [Applause.]
The MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Chair, I would like to take this opportunity to thank all members who participated in this debate for their unanimous support for this Bill. I have noted the comments and the amendments that have been effected by the portfolio committee, which I embrace and support wholeheartedly. With those words ...
... ngiyabonga kakhulu ngosizo lwenu. [Ihlombe.] [... I thank you very much for your assistance. [Applause.]]
Debate concluded.
Bill read a second time.
SOUTH AFRICAN POST OFFICE SOC LTD BILL
(Second Reading debate)
The MINISTER OF COMMUNICATIONS: Hon Chairperson, Ministers, Deputy Ministers and hon members of the House, it is with great pleasure that I introduce the South African Post Office SOC Ltd Bill to the National Assembly today. We are also fortunate in that this Bill is among the first of the Bills that make it clear in their title that it is a state-owned company, in alignment with the requirements of the new Companies Act.
This Bill signifies the government’s commitment to ensuring that state assets benefit all South Africans. The commitment will only be achieved when state-owned entities like the Post Office are well managed and directed, leading to the overall development and economic growth of our country and the provision of more efficient services, particularly postal services, to our people.
The Bill before you is aimed at providing a comprehensive legal framework, addressing the corporate governance of the South African Post Office. While the governing of the Post Office was previously distributed between the outdated Post Office Act of 1958, its articles of association of the company and certain related documents, all of these will now be contained in a single modern piece of legislation, developed by this House and other secondary governance instruments like the Memorandum of Incorporation of the new Companies Act. It further makes a clear separation between the role of government as the shareholder and that of the board that carries the fiduciary duties entrusted to it to manage the Post Office efficiently.
With this Bill, we seek to strengthen the Post Office to enable the fulfilment of government’s objectives and ensure the further development and growth of the postal sector as a whole. It also paves the way for an extension of the mandate of the Post Office beyond just postal services and situates the institutional infrastructure of the organisation in the new context of information and communications technology without the Post Office compromising its core business.
It is important to take into account the fundamental obligation that government has to ensure the universal provision of postal services. In the development of a dedicated Bill for the Post Office, we have endeavoured to ensure a smooth transition by retaining what was good in the old Post Office Act but improving the shortcomings where necessary. In particular, the fiduciary duties of the members of the board, for example, are comparable with some of the highest standards that can be required of board members.
Board members must be free of conflicts in all respects. A member may not have a direct or indirect interest that conflicts with the business of the company. A member must make a full disclosure of his or her financial interests to the Minister. Furthermore, a member of the board and his or her family members may not sell any goods or services or do any business with the Post Office.
It would be required that existing board members currently serving the Post Office must disclose their financial interests and divest themselves of any direct or indirect interests that are in conflict with the business of the company within a period of six months after the Act commences. This requirement has been extended to require that the Post Office must develop comparable requirements of all staff members of the organisation.
It is through good corporate governance that a well-functioning board can in fact ensure corporate success. Corporate success in turn means better services to our people. Corporate success leads to job creation and will ensure that money from the fiscus can be directed to other deserving causes.
Through excellent parliamentary oversight, it has come to light that many subsidiaries of state-owned enterprises are not really accounting optimally. This has led to the introduction in this Bill of additional measures in respect of the establishment of subsidiaries of the Post Office. Subsidiaries have also been made subject to the same governance requirements that the Post Office must adhere to. A performance management system will be introduced for both the Post Office and its subsidiary companies.
The consideration of this Bill was a dynamic deliberation process that also ensured its alignment with the Companies Act of 2008, which commenced during the deliberations. We believe that this Bill sets a precedent for other state-owned enterprises and for the protocol on good corporate governance in the public sector.
In recent years we have realised that governments must have a mechanism to intervene when state-owned entities fail. As separate legal and juristic persons, this has proven difficult at times, negatively impacting on service delivery and on the fiscus. This Bill is now introducing a mechanism that will allow the Minister to intervene in such matters. For example, the Minister can direct the Post Office to take certain specified actions if it is in financial difficulties, mismanaged or failing to perform its functions effectively or efficiently.
In conclusion, the legislation provides an effective legal framework for the functioning of the SA Post Office, guaranteeing the appropriate conditions for good corporate governance in its management and positioning the institution in the new digital era that is coming. [Applause.]
Mr S E KHOLWANE: Hon Chairperson, hon members, Ministers and Deputy Ministers present, the Director-General of the Department of Communications and her team, it is indeed a privilege to speak in support of the South African Post Office State-Owned Company Ltd Bill. Once passed, the Bill will give effect to the implementation of the 1998 White Paper on Postal Policy. The 1998 White Paper on Postal Policy was a thorough, well-thought-through policy document. While it has stood the test of time, its review is unavoidable.
Information and communication technologies, ICTs, and postal services enhance the efficiency of small, medium and micro enterprises, SMMEs, reduce costs and broaden market reach, both locally and globally. Since SMMEs play a major role in national economies, such benefits to them may collectively translate into positive results in the form of job creation, revenue generation and overall country competitiveness.
The South African Post Office SOC Ltd Bill will address the logistical challenges of our people living in underdeveloped areas, improve competitiveness and overcome the spatial patterns of apartheid. At the same time, it will lead to direct employment in construction operations, as a result of the need for tellers, maintenance and e-services. In this way the government will have addressed the social equity goals and ICT inequalities that exist in our society.
Access to basic postal services is the right of all South Africans. The South African Constitution demands that certain criteria influence the formation of service delivery to enhance basic human rights. Accordingly, a universal postal service suggests that all citizens, regardless of race or gender, shall have equal access to basic postal services. The universal service obligation, USO, is placed on the monopoly provider to ensure such access, as well as rebalancing the postal network for equity, improvement of scale, scope and quality of service, and the elimination of cost inefficiencies.
When presenting its strategic plan before the Portfolio Committee on Communications earlier this year, the Post Office raised a concern about the government subsidy, which comes to an end, and the implication this has for the ability of the Post Office to expand its infrastructure in general but particularly in rural areas. This is a matter that needs the attention of both the board and the Department of Communications.
Today, telecommunications and electronic communications provide easier and quicker means of keeping in touch. To a certain extent, such new technologies are serving as substitutes for postal communications and, in turn, diminish the importance of the social function of postal services. There is no doubt in my mind, as I stand here, that post offices throughout the world need to redefine their existence and undergo radical change or transformation. Oh my, I see the word “bandage” and I am wearing one too! The time for “bandage solutions” has gone and it is time for major surgery. I do not know what is wrong with “bandage” today. [Laughter.] Anyway, I will continue. [Interjections.]
For the Post Office to achieve the above, it needs to evolve in a way that assists in the economic development of the country. It is important that postal networks should link each and every citizen in the country to a service that they need or use. Like other communications infrastructure, postal networks will allow the flow of goods, services and payments between economic agents. An efficient postal network can therefore significantly reduce transaction costs across the economy, forge markets where they did not exist before and support knowledge transfer between agents that allow innovation and growth.
We are mindful that, as we debate this Bill, elsewhere in the world, particularly in the United States, the opposite is happening. They are rolling back post offices which they had rolled out to rural areas because of the argument that post offices do not make a profit. However, as a country, we are clear that here in South Africa that is not the way to go. We have to make sure that government intervenes in unprofitable post offices to ensure their continued existence, so that people in the rural areas can indeed benefit.
In May 2011, it was exactly 13 years since the White Paper on Postal Policy was adopted. Today, by passing this Bill, we will give effect to the third and last phase of the restructuring process within the Post Office. As they say, when one door closes, another one opens. Policy review will be required to put the Post Office in a better position to confront the ever-changing environment in the ICT sector.
I must take this opportunity to thank all the political parties in the portfolio committee, the Department of Communications, led by the director-general, and those officials who were dedicated to dealing with this Bill. I must also extend my appreciation to the state law advisers and the legal services of Parliament for the good work they have done.
I must further indicate that I appreciate the good co-operation which I received from the other political parties involved in the Bill and in the committee. I hope that such good work and co-operation will continue in other endeavours which the committee will be facing. Therefore, I commend the Bill to this House for adoption. [Applause.]
Mrs N W A MICHAEL: Chairperson, the SA Post Office has not enjoyed a very good reputation over the years. We were faced with untrained and unpleasant staff, broken equipment, staff that did not know how to use equipment in the branches, and high levels of theft of mail, both that coming into South Africa and that leaving South Africa. In fact, levels of service at the Post Office were so bad that South Africans nicknamed post delivered by the Post Office “snail mail”.
What we recently saw, however, was somewhat of a 360 degree turnaround with regard to the Post Office. We witnessed an attempt to upgrade branches, train branch employees, restock branches, ensure that safety and security measures were improved to ensure a massive cut in postal theft, and we saw the Post Office operating at a profit. An effective and fully operational Post Office service is one of the most important factors in a successful and growing economy.
We live in a country where universal access to the Internet remains a dream for millions of our people. For most South Africans the Post Office remains the most basic way to communicate. The ultimate dream would be to have Internet stations for public use at all post offices, especially in the more rural areas, where Internet access is almost nil.
It is, of course, very disappointing when an organisation suffers as a result of strike action. Most recently, in the Kempton Park area in Gauteng a strike subjected millions of South Africans to not receiving post for a period of over two months. If the Post Office is not operational, it has the potential to bring smaller communities and their daily activities to a standstill.
You will recall that in my budget speech of this year I applauded the Post Office for an excellent performance, a virtual complete turnaround. The fact that they were operating at a more than acceptable profit was commended. They were a true success story and did the Department of Communications proud.
This Bill provides for, among others, governance of the Post Office to ensure the provision of universal, accessible, reliable and affordable postal service, as well as the provision of a wide range of postal services in the interests of growth and development within the Republic.
While all of what I have just listed is of the utmost importance, the problem — and I may add it’s a huge problem — arises as soon as we start dealing with the financial aspects of the Bill. The original Bill that was brought before us for consideration made reference to the following clause: “Granted with the concurrence of the Minister of Finance”. By way of example, the original Bill stated that the Memorandum of Incorporation of the Post Office must, inter alia, provide that the Post Office acts with the approval of the Minister, granted with the concurrence of the Minister of Finance, for example, in the merger of the Post Office with other companies, or the entering into of partnerships or joint ventures by the Post Office; the alienation of shares held by the Post Office in any subsidiary thereof so that the Post Office retains 50% or less of the voting shares; and that they shall not issue any shares except as approved by the Minister with the concurrence of the Minister of Finance.
Now, if you will, remove every single reference to the Minister of Finance, and that is what we are left with. All these major financial decisions are expected to be made by the Minster of Communications alone. Not only does this place an unfair and unreasonable responsibility on the Minister of Communications but it ensures that we fail in our duty to ensure that all public money is dealt with in a transparent, accountable and responsible manner. All members of government should be experts in their own field. The Minister of Finance should be an expert in finance, and the Minister of Communications should be an expert in the field of communications.
The DA fails to understand why there was an absolute insistence that the Minister of Finance and his concurrence were cut completely from this Bill. It sets a dangerous precedent in which the Minister of Finance would be sidelined in major financial decisions. However, his department will still have to pick up the pieces when bad financial decisions cause the financial collapse of a department.
I would also like to voice my unhappiness with how negotiations regarding this Bill took place. Portfolio committees and, more importantly, portfolio committee members are not in their positions simply to rubber-stamp Bills and push them through. It is well known that in a committee that generally enjoys a cordial relationship, this Bill has been a bone of contention and has seen the DA walking out of a meeting that we believe to have been incorrectly convened and boycotting another meeting for which inadequate notice was given and with regard to which consultation regarding availability was not entered into.
One of our greatest roles as public representatives is to protect the public coffers and to ensure that all government decisions are accountable, responsible and in the best interests of all South Africans. Due to the financial mismanagement that could occur owing to the lack of consultation with our country’s financial experts, the DA simply cannot support this Bill. [Applause.]
Mrs J D KILIAN: Chairperson, Cope supports all measures designed to extend access to postal services for South Africans, especially for people residing in rural and underdeveloped areas. We also support the new legal framework for postal services, which will hopefully facilitate greater efficiency and accountability and improve financial management.
However, we are very concerned about recent reports of alleged financial mismanagement in the Post Office. We are also concerned that the dust had hardly settled on the questionable Post Office lease contract when news of a flawed R110 million WebRiposte retail system project hit the headlines. We believe the Public Finance Management Act should be utilised to discourage reckless financial management. But it seems that there is an apparent reluctance to implement sanctions of personal liability, as provided for in the Public Finance Management Act.
As far as we are aware, there has been no punitive consequence for public officials who flout the Public Finance Management Act. We believe that it is not good that the state inevitably picks up the tab and individuals guilty of even the most glaring mismanagement and corruption are only given a small rap over the knuckles. The time has come for politicians in executive positions, board members and executive incumbents of parastatals to be held personally liable for the costly bungling and mismanagement that takes place.
The Post Office Bill before the House today contains very important clauses that, if applied and enforced, would contribute to improved corporate governance of the Post Office and its subsidiaries. It includes criteria for disqualification as well as details of fiduciary duties of board members and very necessary measures to avoid a conflict of interest by board members and their families.
However, Cope has to register serious concerns about amendments introduced by the ANC to remove the financial controls which were supposed to have been exercised by the Minister of Finance. This, we believe, is not in the interests of good governance and cannot be supported. The Bill as originally introduced, as was said by hon Michael, required the concurrence of the Minister of Finance on critical matters that could clearly have significant financial and budgetary implications. These matters include the alienation of shares, the alteration of the main business of the Post Office, any possible merger or joint venture, as well as borrowing of money. In terms of the amendment to the Bill, it now allows for consultation by the Minister of Communications with the Minister of Finance. We believe this is a very serious step taking the Post Office in the wrong direction. It could cripple the primary mandate of the entity, namely to deliver postal services to all, or worse: It could in time result in yet another state bail-out.
With the amendments, we will have to rely only on historic overviews by the Auditor-General to review the financial shortcomings of the entity, or on the provisions of section 216 of the Constitution, whereby the Minister of Finance can withhold public funding from this entity. Another ANC amendment abdicates the oversight role of Parliament by giving the Minister of Communications exclusive rights to appoint members of the Post Office board. There is no role whatsoever for Parliament, the assembly of the people, according to the Constitution of South Africa.
Notwithstanding these very serious shortcomings of the Bill — and we believe that it is also necessary to test the constitutionality of the Bill — we do believe, as Cope, that we will support the broad tenets of the Bill. We will certainly keep a watching brief to ensure accountability, responsiveness and transparency and, above all, to expose financial mismanagement and corruption at the Post Office and all other entities, now and in the future. [Applause.]
Mr K M ZONDI: Chairperson, I rise to express the support of the IFP for the SA Post Office SOC Ltd Bill. Indeed, when the Bill was passed by the Portfolio Committee on Communications, it received the unanimous support of all parties present, but even though that was the case, we felt that it was important for the parties to be given an opportunity to express themselves on the Bill. This is in view of the fact that the passage of this Bill is a matter of significant historical importance not only for the Post Office itself but for the country as a whole.
Developments in the industry have necessitated the separation of the postal services from the telecommunications sector. Further reforms in the sector extended the mandate of the Post Office to include the use of information and communication technology infrastructure, as well as the offering of services other than the traditional postal services.
However, this created a situation where the Post Office was not governed by a single Act but by a variety of pieces of legislation promulgated at different stages and not only focusing on the provision of the core postal services that the Post Office was supposed to deliver to the South African public. This then necessitated a new piece of legislation which would provide a comprehensive legal framework addressing corporate governance of the Post Office in a single Act focusing on the Post Office as a legal entity, which this Bill before this National Assembly does.
Now that we have given the Post Office a new, up-to-date legislative framework within which to operate, we hope that it will be possible for the Post Office to live up to the imperatives of transformation and the expectations of particularly the poorest of the poor by extending its services especially to underserviced areas of our country in order to effectively contribute towards the alleviation of poverty.
Mufumakadzi A F MUTHAMBI: Mudzulatshidulo, ndi khou livhuwa u fhiwa tshifhinga lwa u tou thoma uri ndi davhidzane na dzulo i?i malugana na zwipikwa zwa uyu Mulayotibe wa Poswo ya Afurika Tshipembe, nga maan?a ro livhana na mafhungo a ndangulo kwayo na matshimbidzele one one a itshi tshishumiswa. (Translation of Tshivenda paragraph follows.)
[Ms A F MUTHAMBI: Chairperson, I thank for you the opportunity given to me for the first time to debate at this sitting about the objectives of this SA Post Office Bill, especially in relation to the efficient management and administration of this institution.]
I need to first correct the statement made by hon Michael from the DA. I want to it on record that the DA never walked out during the processing of the Bill. The only time they walked out was when we were adopting the Department of Communications and Government Communication and Information System’s reports. Therefore the statement made by the hon member is misleading and I challenge the hon member to consult the records of the committee proceedings in this regard. [Applause.]
The tabling of the SA Post Office SOC Ltd Bill seeks to strengthen existing governance mechanisms. It further not only addresses issues of company operations but also deals specifically with issues of the SA Post Office as a state-owned entity. Enabling provisions that deal with the operation of the Post Office still lie in the almost obsolete Post Office Act of 1958. As a result of these developments, it became imperative that a new law be enacted to deal with governance issues and to ensure that the SA Post Office meets the mandate of universal service obligation and universal access, in view of convergence and developments in the information and communication technology, ICT, sector, so that we can clearly define the structure of the SA Post Office as a corporate entity.
Mulayotibe uyu u dovha hafhu wa thoma matshimbidzele ane a ?o vhekanya nzudzanyo dza tshiimiswa dzine dza khwa?hisedza u shuma zwavhu?i, u khwi?isa n?isedzo ya tshumelo, na u ?u?uwedza vhu?ifhinduleli. Tshipikwa tshihulwane tsha Mulayotibe uyu ndi u vhona uri Poswo ya Afurika Tshipembe i dzule i hone tshifhinga tsho?he, hu vhe na vhulanguli kwayo na mbetshelwa ya tshumelo ya poswo ine ya swikelelea nga vho?he. Vhathu vho?he vha tea ?itika ngayo nahone ivhe na mitengo i fareaho. Hu tea u vha na mbetshelwa ya tshumelo nnzhi ya poswo u itela nyaluwo ya ikonomi na mbveledziso ya shango, khathihi na u ?u?uwedza vhashumi u guda vhukoni ho teaho kha n?owetshumo ya poswo, nga maan?a kha zwigwada zwine u ya nga ha ?ivhazwakale, zwo vha zwo siiwa thungo.
Zwenezwo, u phasiswa ha Mulayotibe uyu nga Phalamennde N?uni ino, ndi ?iga ?avhu?i kha u shandukisa na u ita uri poswo ya Afurika Tshipembe i vhe ya musalauno. Hezwi zwi ?o khwi?isa vhu?i ha tshumelo na u ?etshedza tshumelo i swikeleleaho ine vhathu vha nga ?itika ngayo, na u dovha u vhona uri poswo ya Afurika Tshipembe i ita mushumo wayo nga n?ila ine ya vha khagala, zwine zwa ?o vhuedza vhunzhi ha vhadzulapo vha shango.
Hoyu Mulayotibe u dovha hafhu wa ?o?a u shelamulenzhe nga n?ila i vhuedzaho kha vhunzhi ha vhathu, nga maan?a kha zwitshavha zwa mahayani hune poswo ya Afurika Tshipembe ya ita mushumo wayo nga u vhona uri hu na mbetshelwa ya tshumelo nnzhi dza poswo na dzi?we tshumelo dzine dza vha nn?a ha tshumelo iyi, u itela nyaluwo ya ikonomi na mbveledziso ya shango i?i ?ashu.
Ndi zwa ndeme u humbudza Nn?u nga ha mivhundu mi?uku ire mahayani kulekule na dzi?orobo, uri poswo ndi tshone tshishumiswa tsha muvhuso tshi tsho?he tshine tsha ?etshedza tshumelo dza ndeme dza poswo, tshumelo dza muvhuso na dzi?we tshumelo dzo engedzedzwaho dzine dza nga, u vusuludzwa ha mithelo ya zwiendedzi, mbadelo dza mindende, mbadelo dza mu?agasi, u vhulunga na u rumela masheleni, na zwi?we-vho. Hu na vhathu vhanzhi vhane vhutshilo havho ho?he ho ?isendeka nga tshumelo ya poswoni. Vha na fhulufhelo ?a uri kana zwa tou ita hani, tshumelo ya poswo ndi yoneyone nahone a i nga vha khakhisi kha nyito na vhubindudzi havho. (Translation of Tshivenda paragraphs follows.)
[This Bill also initiates the processes which would put in place the structures of the institution which put emphasis on good performance, improve service delivery and encourage accountability. The main objective of this Bill is to ensure that the SA Post Office is available at all times, that there is proper administration and that the provision of a postal service is accessible to all. There should be reasonable prices for the people who depend on the service. There should be provision for many services for economic growth and the development of the country as well as motivation for the workers to acquire skills required in the post office industry, especially in areas which, according to history, were marginalised.
Therefore, the passing of this Bill by Parliament in this House is a good step to transform the SA Post Office into a modern one. This will improve and provide reliable services which will be accessible to all, and ensure that the SA Post Office performs its duties in a transparent way, which would benefit most of the citizens of this country.
This Bill participates in a way which benefits most people, especially in rural areas where the SA Post Office provides more services, some of which are outside its mandate, for the economic growth and development of our country.
It is important to remind the House about the small rural villages which are far from the cities, where the Post Office is the only government institution which provides crucial postal, government and other additional services such as the renewal of vehicle licences, payments of pensions, electricity, savings, money transfers and others. There are so many people who depend on the services of the Post Office for their lives. They trust that the postal services are the best and will never disappoint them in their investment activities.]
The issue of conflicts of interest is a concern for the ANC and the country at large. It emerged as a vital part of the efforts to prevent corruption and modernise the public sector. Actual or potential conflict of interest of public officials has become a key issue of the ANC’s political and public debate. There is a growing understanding that conflict of interest is harmful to public trust and can lead to corruption. We have seen this in the Auditor-General’s report on government officials doing business with government, and the House has passed the resolution during the past year for accounting officers to take steps to establish strict and precise measures in this regard.
Swa nkoka hi Nawumbisi lowu wu ringeta ku lulamisa ndlela leyi khampani yi nga ta tirha na timhaka to paluxa kumbe ku pfumela ku va na xiave. Hi ndlela leyi Nawumbisi wu tumbuluxa sisiteme yo veka nandzu eka mhaka ya nkwetlembetano wa ntsakelo hi ku seketela maendlelo yo pfala leswi. (Translation of Xitsonga paragraph follows.)
[The important thing about this Bill is that it seeks to rectify the way in which the company will deal with the issue of disclosure or be allowed to be a shareholder. In this manner, the Bill will establish a system to criminalise the issue of conflict of interest by supporting the means to stop this.]
Provision is made in the Bill to provide for employees of the SA Post Office to take an oath or make affirmations before a Justice of the Peace prior to them performing the functions of their positions. In that vein, the Bill, together with other relevant constitutional, administrative and criminal legal provisions, provides a legal basis for identifying and controlling conflict-of-interest situations. The Bill therefore establishes a system to criminalise the issue of conflict of interest by encouraging the process to divest itself of such situations and avoid conflicts of interest.
Nawumbisi lowu wu kongomisa eka ku ndlandlamuxa ku tiyimisela ka mfumo ku vona leswaku switirhisiwa swa tiko swi vuyerisa Maafrika Dzonga. Nakambe nawu lowu wu ta tiyisisa leswaku ku na maendlelo lawa nga erivaleni lawa nga ta endla leswaku swi olova ku fikelela swikongomelo.
Mitirho na vutihlamuleri bya lava nga na xiave swi andlariwile. Mitirho ya lava va nga ni mikavelo yi hambanisiwile. Bodo na mitirhonkulu ya khampani yi le rivaleni. Maafrika Dzonga va ta tiva leswaku ya lawuriwa. Va ta nghenelela eka maendlelo yo hlawula swirho swa bodo. (Translation of Xitsonga paragraphs follows.)
[The Bill is aimed at enhancing the government’s commitment to ensuring that state resources benefit South Africans. Again, the Bill will ensure that there are transparent processes that will ensure that it is easy to achieve the goals.
The duties and responsibilities of the shareholders are outlined. The duties of those who have shares have been distinguished. The main functions of the board and the entity are explicit. South Africans will know that it is managed. They will be involved in the nomination processes of board members.]
The Bill aims to facilitate greater efficiency and strengthen accountability within the Post Office. It therefore creates a space for transparency and openness in the reporting and disclosure of information, both operational and financial.
The Bill is crafted to ensure that the board and its employees demonstrate compliance with the following characteristics: people with knowledge, ability and commitment to fulfil their responsibilities; people who understand their purpose and whose interests they represent; people who understand what constitutes reasonable information for good governance and do everything possible to obtain it.
Provision is made for the duties of the Post Office and also for the powers of the Post Office. The Bill also makes provision for the conclusion of an annual performance agreement with the Minister of Communications, in terms of which the performance of the functions of the Post Office will be measured. Furthermore, provision is made for concurrence between the Minister of Communications and the Minister of Finance when it comes to government support to the Post Office and upon loan acquisitions.
The Bill further provides details on the Post Office board, its functions and grounds for the disqualification of members of the board. The procedure to appoint nonexecutive members to the board is outlined and the fiduciary duties are also explained. It is our submission as the ANC that the commitment of government will only be achieved when state-owned entities are well managed and directed, therefore leading to the overall development of and economic growth in the sector.
A ndzi kanakani leswaku ku pasisiwa ka Nawumbisi lowu swi ta tisa ku tsaka na nyanyuko eka Maafrika Dzonga tani hi maendlelo lawa nga erivaleni yo fambisa mabindzu ya mfumo. Tani hi xiphemu xa maendlelo swi ta endla leswaku va tiva. (Translation of Xitsonga paragraph follows.)
[I have no doubt that the ratifying of the Bill will bring joy and excitement to South Africans as a transparent process to manage state-owned enterprises. As part of the process, it will enable them to be in the know.]
?ihoro ?a ANC ?i khou tikedza Mulayotibe uyo. Ndi a livhuwa. [U vhanda zwan?a.] [The ANC supports this Bill. I thank you. [Applause.]]
Mr S Z NTAPANE: Chairperson, hon members, the Bill before us seeks to ensure that the Postbank provides the “unbanked” masses of our people and lower-income South Africans with a complete range of financial services which are free of the obstacles they face at traditional commercial banks. For many years the UDM has been calling for the development of a strategy that bridges the resource allocation imbalance between South Africa’s most developed parts and the rural communities, especially the poor ones.
The establishment of the Postbank will not only facilitate access for the poor and the rural communities to banking facilities but will also play an important role in bridging the digital divide between the aforementioned communities. Nothing can delight us more than seeing an increasing amount of resources being spent on bringing services close to our people. We also hope this project will teach commercial banks a thing or two about the role their failed Mzansi Account project was intended to play. The UDM supports the Bill.
Ms S R TSEBE: Chairperson, Members of Parliament and representatives of the South African Post Office, SAPO, in the gallery, I greet you in the name of the ANC — black, green and gold. Four months ago, during the budget debates, I raised the degree to which a universal service and access to information and communication technology, ICT, was obtainable in the country and the rate at which access mechanisms to ICT were reaching our people.
Today I stand here before you once again talking about the need for the universality of postal services, which the Minister touched on in his introduction of this Bill. As indicated in the 1998 White Paper on Postal Policy, this sector provides the basic backbone linking South African people, positioning itself as a critical component in business and daily living. A viable and efficient postal service is essential to both social and economic development. The increasing globalisation of commerce and industry depends on fast and reliable communication systems.
Parliament is committed to facilitating the healthy development of the postal sector and ensuring the provision of access to a universal postal service by all South Africans, irrespective of geographic location or race, in a transparent and fair environment, in particular the rural poor. At the same time Parliament recognises that the means used to achieve these objectives must leave the greatest possible flexibility to accommodate technological changes as well as demographic changes.
The SA Post Office, as the custodian of such a universal service, faces the following key challenges in achieving its restructuring goals: addressing inequalities in accessing postal services as created by past policies; ensuring an equitable distribution of postal services; addressing the cost and service inefficiencies characteristic of the present system; providing a responsive, flexible and reliable service to its customer base; recapturing the confidence and support of its clients; and providing customers with an efficient postal service that is cost-effective and affordable.
For as long as the rural poor, whom I represent and who are in the majority, are still disadvantaged in regard to communication, there will always be the need for a universal service for persons in respect of what is deemed a basic service. Today we continue to debate clauses 5 and 7 of the amendments, together with the rest of the corporate amendment clauses, because of the critical importance that the management of the Post Office has with regard to the mandate and the execution thereof. This means that whoever gets appointed has a direct impact on the outcome we generate and, even more so, the degree of commitment to the desired outcome.
The postal sector in general, and the Post Office in particular, is today still experiencing vast changes due to the infusion of technology, pointing to a still critical need not only to restructure the operating model but to build human capacity. This applies not only in cities and towns but also in the deep rural areas of this beloved country, South Africa, which is able to adapt to a new posting era and to a changing developmental requirement.
Here I am referring to the following: diminishing public revenue to subsidise operational losses; declining mail volumes and, consequently, postal revenue; low productivity and other internal efficiencies; and changing customer needs. These factors are as evident today as they were in 1998, when the White Paper was produced.
Having been in operation for over 500 years, today the SA Post Office operates under a 25-year licence granted by the Independent Communication Authority of South Africa, Icasa, in terms of which it must provide a universal service to all the citizens of the country. Prior to those 500 years, villages had resident mail men who travelled between communities and nations to deliver messages. People in this Parliament older than me can attest to what I am referring to. Beads and other means were used by lovers in a bid to communicate with one another. Communication is not just a basic right but a must. The message here is that postal services are key in the quest to ease communication between people. They have been an integral part and remain an integral part of the human journey and the human life experience.
It is also important to know that in a developing country such as ours, where the majority of people are on or below the breadline, the necessity of such institutions is even more critical, requiring a slight redefinition in light of the invention of mobile phones or cellphones.
In revolutionising postal services for the 21 century rural resident, the space of development is often filled with contradictions. These contradictions are often caused by the inability of development practitioners to search for and acknowledge the changing requirements of this segment of society.
When one looks closely at the proposed amendments, one must acknowledge the degree to which they encourage the Post Office to new technological heights. The duties of the Post Office, as stated in clause 1, effectively require the following: technical infrastructure upgrades; advanced market segmentation techniques, for example feasibility and market research; advanced market mobilising methods; skills development; disability considerations in services; product and service redefinition; and eco-friendly and innovative property infrastructure expansion.
In reviving the rural economy effectively, when we talk about the proverbial communications hub we should be asking: Given the extensive footprint, good or bad, of the Post Office, how do we turn these sites into ICT hubs, adding all manner of amenities and social services, depending on the market profile of the area? It is time we looked at these assets as rallying features around which communities come together and with regard to which government can and should be disseminating information and services.
Furthermore, we look forward to seeing the SA Post Office’s inputs as the country speaks broadband more and more. We wish to hear how they see this phenomenon being applied to this environment and, even more so, to the way in which they deliver services and reposition themselves in a new technological space in rural areas.
Referring to clause 7, we want to see how the Post Office plays its part in the deep rural areas of Ngwavuma in KwaZulu-Natal or Mantserre in the North West province. The portfolio committee went on an oversight visit to the rural areas of KwaZulu-Natal and the main purpose was to see, to touch and to feel. Indeed, we saw, we touched and we felt. What we want to talk about and hear about now is not only how much the Post Office has made in a particular year. We want to hear how it has divided and defined markets, how it developed products flowing from that and thus mainstreamed its services so as to become relevant to the 21 century rural dweller, rich or poor.
In conclusion, the President of this beautiful country, South Africa, has spoken and where I come from ... lefoko la kgosi le agelwa mosako. [... whatever the king says, goes.]
During his state of the nation address, he was very strong on the question of work opportunities and skilling programmes for women and youth, in particular in the rural areas. Indeed, due to the migration they are the majority in those areas. In light of the fast changes in demographics and the technical topography, it is imperative that we review the skills within the sector relative to a new and redefined developmental strategy. [Time expired.]
The MINISTER OF COMMUNICATIONS: Hon Chairperson, let me first acknowledge and convey appreciation for the contributions that have been made by all the speakers in the House today and those representing the various political parties. Your inputs have certainly enriched the debate and deliberations on this Bill. In particular, I want to express appreciation to Mr Zondi from the IFP, the UDM and those parties that have given their unqualified support for the Bill.
I also want to acknowledge the comments of appreciation made by Mrs Kilian from Cope, although her support for the Bill has been qualified. We accept that and I will attend to the issues that she has raised. In respect of the hon Natasha Michael from the DA, let me say that we also appreciate the fact that you recognise and acknowledge that the SA Post Office has been a truly remarkable achievement of the Department of Communications. That statement of yours is indeed significant and we appreciate your comments on that.
It is rather unfortunate, though, that the DA has sought not to support this particular Bill. If I listen very carefully to the comments made by the DA, it is not because you do not agree in substance with the content of the Bill, but rather that you have certain issues concerning the removal of the element of concurrence with the Minister of Finance with respect to financial issues. So, in a sense it is a qualified no-support position.
However, let me address that matter. I think in the first stages of the Bill that matter was included but as it subsequently went through, it was clear to us that to write into the law an element of concurrence between two Ministers really makes for bad lawmaking. It means that you distribute an administrative power between two Ministers and you don’t say who is really in charge. In this way we recognise the principle that when it comes to matters pertaining to financial decisions, we have to engage in some collective decision-making with the Minister of Finance but we leave that to the Cabinet process. We leave that to the process in government because when the Minister of Communications has to take some policy decisions, even with respect to the management of the entity, he or she has the authority to take that to the Cabinet.
When it goes to the Cabinet, it becomes a government decision and no longer that of a department. In that process of deliberations all Ministers are given the opportunity to deliberate and make a contribution which sums up the collective views of government as a whole. It is at that point that we seek to get not only concurrence between the Minister of Communications and the Minister of Finance but, in fact, concurrence with all the Ministers with respect to the administrative responsibility of the Post Office.
We recognise that in the day-to-day management of the Post Office you have to have a streamlined operation because decisions will need to be made on a swift basis so that the board of the Post Office can be guided. If you then hang the board on a concurrent way of functioning between two Ministries, we might take an extra-ordinarily inordinate time to get an appropriate decision that can guide the board. It is for that reason that we argued that this concurrence element in the way the law is administered has got to be taken out and the responsibility squarely placed in one Minister who is accountable to Parliament. That Minister has to account to this House for what goes on with that particular entity.
We have replaced concurrence with consultation on financial matters. We think that word and that mechanism is more appropriately placed in discharging the responsibility to make sure that there is collective decision-making on matters pertaining to finance. We agree with the DA that when it comes to matters pertaining to finance, it is critically important that the Minister of Finance or the Ministry of Finance has a say in them. It is for that reason that we have accepted the principle that, when it comes to matters pertaining to the financial management of the Post Office, the Minister of Communications will act in consultation with the Minister of Finance.
Let me just conclude by saying that we are passing this law in a historically very important and very different context. We are doing it in the context of setting in place the platform for the new digital revolution in this country. We have accepted that by 2020 we have to ensure 100% Internet coverage in the country and 100% broadband coverage. The efficient Post Office is pivotally placed to play quite a crucial role in ensuring that we turn the dream that Natasha is talking about into reality ... [Interjections.] ... when she says that there must be Internet access for all. [Time expired.][Applause.]
Debate concluded.
Bill read a second time (Democratic Alliance dissenting).
SCIENCE AND TECHNOLOGY LAWS AMENDMENT BILL
(Second Reading debate)
Mr E N N NGCOBO: Hon Chairperson, hon Deputy Minister of the Department of Science and Technology, Derek Hanekom, who is present here, hon Ministers, hon Deputy Ministers, hon Members of Parliament and our guest — I see only one here — it is said that together we can build better communities and therefore at the centre of better communities is science and technology. Therefore I appeal to this House that all of us should support this Bill because it is at the centre of everything we want to do in cleaning up the science system. We are cleaning up the science system according to this Bill.
To give the background, the Department of Science and Technology was established in 2004, as we know. Before that, this department was part of the Department of Arts, Culture, Science and Technology, under the Minister of Arts, Culture, Science and Technology. The subsequent establishment of the Department Of Science and Technology has impacted on a number of Acts under the authority of the Minister of Science and Technology.
Therefore the objects of this Bill seek to effect, among others, technical corrections to definitions and other references associated with the Ministry of Arts, Culture, Science and Technology so as to enhance clarity and to strengthen institutional oversight and governance of the public entities reporting to the department.
The amendment therefore seeks to eliminate possible confusion regarding definitions such as the title of the chief executive officer of some public entities, as well as references to the department and the designation of the portfolio of the Minister, as well as to effect other consequential changes that were necessitated by the recent macroreorganisation of the state.
In terms of the science system, since 1988 until now it has been governed by the Scientific Research Council Act, Act 46 of 1988. The amendments seek to change the title of the chief executive officer of the council and to provide for the procedures prior to making appointments of the members of the board to ensure consistency with all the public entities reporting to the department. The Bill also sets a limit on the terms of office of members of the board and provides for the broad representivity of the board.
In terms of the National Advisory Council on Innovation Act, Act 55 of 1997, the amendments correct the references to the department and the portfolio of the Minister and repeal the provision for the establishment of the Minister’s committee and provide for the appointment of an independent chief executive officer of the National Advisory Council on Innovation, NACI.
In terms of the National Research Foundation Act, Act 23 of 1998, the amendments seek to change the title of the chief executive officer of the foundation and correct the references to the designation of the portfolio of the Minister and the Minister of Higher Education and Training and set a limit on the terms of office of members of the board and set out grounds for their disqualification as board members.
In terms of the Academy of Science of South Africa Act, Act 67 of 2001, the amendments correct the references to the designation of the portfolio of the Minister, effect certain other technical corrections and provide a definition for the member of the academy. Provision is also made for the manner in which the chairperson of the council, vice president, treasurer and general secretary of the academy are elected. They further provide for the term of office of the council and for the appeal on termination of membership of the council.
In terms of the Africa Institute of South Africa Act, Act 68 of 2001, the amendments correct the references to the department and the designation of the portfolio of the Minister and change incorrect references to “council” instead of “institute”. A limit is also set on the terms of office of the members of the council and there is a provision for a minimum period for council meetings in a year.
In terms of the Natural Scientific Professions Act, Act 27 2003, the Bill corrects incorrect references to, among others, the designation of the portfolio of the Minister and provides for a requirement to ensure broad representivity of the board. It also extends the requirement for a professional qualification or registration to state employees as a condition for their appointment to the board.
In terms of consultation, the Bill was published in the Government Gazette for public comment and all affected stakeholders were consulted. In terms of financial implications, there are none since the proposed amendments are purely of an administrative nature. In terms of the parliamentary procedure, the state law advisers were of the opinion that it was not necessary to refer the Bill to the National House of Traditional Leaders, in terms of section 18(1)a of the Traditional Leadership and Governance Framework Act, Act 41 of 2003, since it did not contain provisions pertaining to customary law or customs of traditional communities.
This is the Bill that is cleaning up the system and in this way we will create consistency in the election of boards or entities of the Department of Science and Technology, as well as referring to terms correctly, instead of referring to provisions that were provided by the amalgamated Department of Arts, Culture, Science and Technology.
Therefore I put the Bill before you. If you want to build better communities, here is an opportunity. [Applause.]
There was no debate.
Bill read a second time.
The House adjourned at 17:23.
________
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
FRIDAY, 24 JUNE 2011
COMMITTEE REPORTS
National Assembly
1. Report of the Portfolio Committee on Women, Children, Youth and People with Disabilities on the Strategic Plan of the National Youth Development Agency for the year 2011-14, dated 15 June 2011
The Portfolio Committee on Women, Children, Youth and People with Disabilities , having considered the strategic plan of the National Youth Development Agency, reports as follows:
1. Introduction
The strategic plan of the National Youth Development Agency (NYDA) was tabled on the 09 March 2011 and referred to the Portfolio Committee on Women, Children, Youth and People with Disabilities on the 01 June 2011 for consideration and report. The Committee engaged with the National Youth Development Agency on this matter on the 23 March 2011.
2. Briefing by the NYDA on the Strategic Plan for 2011 - 14
The Chief Executive Officer (CEO) of the NYDA presented the strategic plan of the NYDA. He reported that the organisation had identified the following categories of young people:
> Category 1 was identified as youth who were unskilled and unemployed. These were identified as young people who may have passed matric or dropped out of school but with no vocational skills.
> Category 2 was identified as youth who were skilled and unemployed, employed but unskilled and those in skills programmes.
> Category 3 was identified as skilled and employed and those in self employment.
3. NYDA Key Performance Areas and Strategic Objectives
KEY PERFORMANCE AREA
DEFINITION
1. National Youth Service and Social Cohesion
Promote youth social dialogue and create opportunities for young people to serve their communities.
Objectives:
- To promote opportunities for young people to serve their communities.
- To create a platform for young people to participate in and benefit from democratic processes.
- To develop capacity building materials for youth development practitioners.
- To create and support social networks.
- To benefit young people.
2. Economic participation
- To enhance the participation of young people in the economy through targeted and integrated programmes.
Objectives:
- To provide business support to young people.
- To provide financing support to young entrepreneurs.
- To provide employment opportunities to young people
- To design and implement specific interventions for women and persons with disabilities in rural areas.
3. Policy, research and development
- Developing a body of knowledge and best practice in the youth development sector to inform and influence policy development, planning and implementation.
Objectives:
- To develop IYDS and guidelines for the implementation of youth development programmes.
- To identify annual national youth development priorities
- To promote, lobby and advocate for a uniform approach by all sectors on matters relating to youth development.
- To conduct research and evaluations
- To inform policy and programmes
- To provide inputs on policies and legislation by government and other relevant structures.
4. Training and development
- To promote, facilitate and provide training and development opportunities to young people to enhance their socio – economic well being.
Objectives:
- To facilitate education opportunities in order to improve access to quality education.
- To facilitate and implement technical, entrepreneurship and life skills training programmes.
- To provide and facilitate capacity building of youth development practitioners.
- To facilitate youth development work as a recognised profession.
5. Youth Advisory and Information Services
- To ensure access for youth to information about various interventions aimed at improving the living condition of young people including information and career guidance service to young people.
Objectives:
- To provide career guidance services
- To provide access to information regarding products and services of the NYDA and referrals to other agencies.
6. National Youth Fund
- To establish a mechanism to enable the NYDA to raise funds for purposes of advancing and implementing programmes aimed at improving the livelihoods of the youth.
Objectives:
- To plan and set up the National Youth Fund
- To mobilise and leverage financial assistance to small, micro, medium enterprises and cooperatives owned by youth.
7. Governance
- To ensure that NYDA operations comply with applicable legislation and regulations governing a schedule 3A institution.
Objectives:
- To ensure compliance with all applicable statutes and policies
- To implement systems and processes to increase the recoverability of defaulting loans.
4. Summary of NYDA’s key priorities for 2011 – 2014
The NYDA identified national youth service, economic participation and social cohesion, education, training and skills development, youth advisory and information services and national youth fund as the key priorities for 2012 – 2014.
4.1 National Youth Service (NYS) and Social Cohesion
* 155 000 young people would be involved in the NYS project to provide them with an opportunity to serve their communities whilst gaining skills and training through projects facilitated by NYSU.
* Further 111 640 young people would be engaged on the NYDA funded NYS projects.
4.2 Economic participation
* 26 600 youth would be supported with Business Consultancy Vouchers; business opportunities support services and mentorship.
* 14 050 companies would be registered through the programme of assisting youth by having their companies registered with CIPRO.
* 281 entrepreneurs would be assisted to access funds through the voucher program.
* R331 million business opportunities will be sourced for BOSS deals, voucher support and mentorship.
* R243 280 million would be set aside to be accessed by youth owned small and medium enterprises.
* 89 089 of jobs would be created through various NYDA programmes ranging from business consultancy vouchers, business opportunities support services and mentorship programmes.
4.3 Education, training and skills development
The National Youth Development Agency would enrol 8,000 youth to rewrite grade 12 exams through its matric rewrite programme. The organisation would provide 293,900 youth with various skills covering critical areas such as business management, life and job preparedness skills.
4.4 Youth Advisory and Information Service
NYDA would provide over 1, 6 million with group career guidance.
4.5 National Youth Fund
The organisation would work in partnership with other stakeholders to raise over R480 million which would go into the National Youth Fund.
5. NYDA key performance areas, indicators and targets for 2011/12 – 2013/14
5.1 Key deliverables for Key Performance Area 1: National Youth Service and Social Cohesion
(a) Goal
The goal of the programme is to promote youth social dialogue and create opportunities for young people to serve their communities.
(b) Objective 1
The objective is to promote opportunities for young people to serve their communities. The NYDA intends to reach 10 000 youth to serve their communities through NYDA funded projects for 2011/12, 48 400 for 2012/13 and 53 240 for 2013/14. The organisation also intends to reach 40 000 youth for 2011/12, 55 000 for 2012/13 and 60 000 for 2013/14 to serve their communities through National Youth Service Unit registered projects.
(c) Objective 2
The objective is to create a platform for young people to participate in and benefit from democratic processes. The organisation intends to ensure that 8 local municipalities in 2011/12, 30 local municipalities in 2012/13, and 30 local municipalities in 2013/14 are assisted to establish youth councils. Fifteen local municipalities in 2011/12, 30 local municipalities in 2012/13 and 2013/14 would be mobilised to participate in elections. Four dialogue sessions per year would be hosted for the period 2011-2014 with young people. For 2011-2014, 500 young women per year would be mobilised for the celebration of Women’s Month and towards 16 Days of Activism campaign. 10 000 youth per year would participate in Youth month celebrations.
(d) Objective 3
The objective is to develop capacity building materials for youth development practitioners. The organisation would ensure that three programme support materials per year would be developed for the period 2011-2014. The organisation would also develop and implement a curriculum for youth development training for the period 2011 – 2014.
(e) Objective 4
The objective is to create and support social networks to benefit young people. The organisation would ensure 300 volunteer mentors participate in mentorship programmes for 2011-12, 400 volunteers for 2012-2013 and 500 volunteer mentors in 2013/14. The organisation will provide opportunities for 400 young people to participate in the buy youth campaign for 2011/12, 500 young people for 2012/13 and 600 for 2013/14 on the same campaign.
5.2 Key deliverable for Key Performance Area 2: Economic Participation
(a) Goal
The goal is to enhance the participation of young people in the economy through targeted and integrated programmes.
(b) Objective 1
The objective is to provide support to young people. The organisation would ensure that 3 500 young people would be supported with Business Consultancy Vouchers, business opportunities services and mentorship in 2011/12, 11 000 in 2012/13 and 12 100 in 2013/14. NYDA would ensure that 2 500 new companies owned by young people would be registered with CIPRO through business support voucher issuance in 2011/12, 5500 in 2012/13 and 6050 in 2013/14. 50 young entrepreneurs would be assisted to access funding and business opportunities through voucher programmes, business support programmes and mentorship in 2011/12, 110 in 2012/13 and 121 in 2013/14. The organisation would ensure that R50 million would be accessed by voucher recipient, Business Opportunities Support Programme and mentorship in 2011/12, R110 million in 2012/13 and R121 million in 2013/14. R100 million for 2011/12 and 2012/13 would be the value of business opportunities sourced for BOSS deals, voucher support and mentorship per year and R121 million would be committed for 2013/14 on the same programme.
(c) Objective 2
The objective is to provide financing support to young entrepreneurs. The organisation would ensure that 6 enterprises are financed for the 2011/12 financial year, 10 enterprises for financial year 2012/13 and 15 enterprises for 2013/14. 300 beneficiaries would be supported through social enterprise financing for the 2011/12 financial year, 500 beneficiaries for 2012/13 and 750 beneficiaries for 2013/14. NYDA will provide R10 million finance to social enterprises for financial year 2011/12, R8 million for 2012/13 and R12 million for 2013/14. The organisation would also provide 9 000 loans to micro enterprises for financial year 2011/12, 38 375 loans for 2012/13 and 55 625 for 2013/14. R16, 6 million would be issued to youth owned micro enterprises for financial year 2011/12, R76 million for 2012/13 and R118 million for 201/14. NYDA would provide 40 loans to SMEs for financial year 2011/12, 193 loans for 2012/13 and 212 loans for 2013/14. The organisation would issue R40 million loans to youth owned small and medium enterprises for financial year 2011/12, R96 800 million for 2012/13 and R106 480 million for financial year 2013/14.
(d) Objective 3
The objective is to provide employment opportunities for young people. The organisation will create 2000 jobs through Business Consultancy Vouchers, business support services and mentorship programmes for financial year 2011/12, 11 000 jobs for financial year 2012/13 and 12 100 jobs for 2013/14. 430 jobs would be created through social enterprises financing for 2011/12, 3 600 jobs for 2012/13 and 5 040 for 2013/14. 280 jobs would be created through SMEs financing for 2011/12, 2 420 jobs for 2012/13 and 2662 jobs for 2013/14. The organisation would create 9000 jobs through Micro finance lending in 2011/12, 13 337 jobs in 2012/13 and 17 380 jobs in 2013/14. 1 200 jobs would be facilitated through placements in job opportunities for financial year 2011/12, 3 600 jobs placements in 2012/13 and 5 040 jobs placements in 2013/14.
(d) Objective 4
The objective is to design and implement specific interventions for women, persons with disabilities and youth in rural areas. The NYDA would undertake 16 interventions to ensure that young women, youth with disabilities and in rural areas participated in economic projects for financial year 2011/12, 20 interventions in 2012/13 and 30 interventions in 2013/14. The organisation would also commit R3, 6 million for economic participation projects provided to young women, youth with disabilities and youth in rural areas for financial year 2011/12, R2 million for 2012/13 and R3 million for 2013/14.
5.3 Key Deliverables for Key Performance Area 3: Policy Research and Development
(a) Goal
The goal is to develop a body of knowledge and best practice in the youth development sector to inform and influence policy development, planning and implementation.
(b) Objective 1
The objective is to develop the Integrated Youth Development Strategy (IYDS) and guidelines for the implementation of youth development programmes. The organisation would ensure that the IYDS is adopted by the NYDA Board and Cabinet in 2011/12. It would also evaluate the protocol of the IYDS in 2011/12 and produce one evaluation report in 2013/14.
(c) Objective 2
The objective is to identify annual national youth development priorities. The organisation would submit a list of national youth development priorities to the Office of the President.
(d) Objective 3
The objective is to promote, lobby and advocate for a uniform approach by all sectors on matters relating to youth development. The organisation would ensure that it had established 15 partnership with governments, civil society and private sector in 2011/12 and 2012/13 per year and 25 partnerships in 2013/14. The organisation would lobby 5 departments to establish Youth Directorates in 2011/12 and 2012/13 per year and 6 Youth Directorates in 2013/14.
(e) Objective 4
The objective is to conduct research and evaluate policy and programme interventions. The organisation would submit the final draft status of youth report to the Office of the President in 2011/12, the status of youth report in 2012/13 and submit the recommendations implemented report in 2013/14. By 2011/12, the organisation intended to produce 6 research project reports, 15 research reports in 2012/13 and 2013/14. The organisation would also produce 24 publications on youth development in 2011/12 and 15 publications in 2012/13 and 2013/14 per year.
(f) Objective 5
The objective is to provide inputs on policies and legislation by government and other relevant structures. The organisation would submit 6 submissions of written youth development related policies and legislation to relevant Departments in 2011/12 and 7 submissions in 2012/13 and 2013/14 per year. NYDA will also attend 10 Portfolio Committee meetings in 201/12, 2012/13 and 2013/14 per year.
5.4 Key Deliverables for Key Performance Area 4: Training and Development
(a) Goal
The goal is to promote, facilitate and provide training and development opportunities to young people to enhance their socio-economic wellbeing.
(b) Objective 1
The objective is to facilitate education opportunities in order to improve access to quality education. The organisation would enrol 2000 young people to rewrite Grade 12 exams in 2011/12 and 6000 young people in 2012/13. The organisation would also provide 5 000 young people with entrepreneurship and business management skills in 2011/12, 35 000 in 2012/13 and 50 000 in 2013/14.
(c) Objective 2
The objective is to facilitate and implement technical, entrepreneurship and life skills training programmes. 500 youth would be provided with technical skills training in 2011/12, 1 650 in 2012/13 and 2750 in 2013/14. 10 000 young people would be provided with job preparedness training in 2011/12, 27 000 in 2012/13 and 37 800 in 2013/14. The organisation would provide 2000 young people with life skills training in 2011/12, 27 000 youth in 2012/13 and 37 800 in 2013/14. NYDA would also enrol 200 youth in Youth Building South Africa projects in 2011/12, 400 youth in 2012/13 and 600 youth in 2013/14. 1NYDA will ensure that 10 000 youth attend entrepreneurship awareness programmes for 2011/12, 2012/13 and 2013/14. 300 youth will attend Buy Youth Campaign training in 2011/12, 400 youth in 2012/13 and 500 youth in 2013/14.
(d) Objective 3
The objective is to provide and facilitate capacity building of youth development practitioners. The organisation would train 13 facilitators in life skills in 2011/12, 60 facilitators in 2012/13 and 84 facilitators in 2013/14 and in job preparedness and youth practitioners in career guidance. The organisation would also launch the Centre for Youth Development Practice.
(e) Objective 4
The objective is to facilitate youth development work as a recognised profession. The NYDA would develop and approve 2 unit standards towards Youth Work Qualification in 2011/12 and 2012/13 financial years and full unit standards in 2013/14. The organisation would ensure that 10 youth practitioners obtain credits for Youth Work Qualification in 2011/12, 15 youth practitioners in 2012/13 and 20 youth practitioners in 2013/14.
5.5 Key Deliverables for Key Performance Area 5: Youth Advisory and Information Services
(a) Goal
The goal is to ensure for youth information (rephrase sentence???) about various interventions aimed at improving the living conditions of young people including information and career guidance to young people.
(b) Objective 1
The objective is to provide career guidance services. 2, 600 would be provided with individual career guidance information for the financial year 2011/12, 82 800 for 2012/2013 and 115 920 for 2013/14. The estimated number of young people who would be provided with group career guidance information was 397 000 for financial year 2011/12, 540 000 for 2012/13 and 756 000 for 2013/14.
(c) Objective 2
The objective is to provide access to information regarding products and services of the NYDA and referrals to other agencies. The organisation would ensure 500 000 young people received information and referrals from the NYDA access point. For 2011/12, 1 000 000 for 2012/13 and 1100 000 for 2013/2014. 140 000 interactions with young people would be made through the NYDA call centre for 2011/2012, 155 000 for 2012/2013 and 170 000 for 2013/2014. The NYDA would publish 20 publication beneficiaries stories for 2011/12, 2012/13 and 2013/2014 per year.
5.6 Key Deliverable for Key Performance Area 6: National Youth Fund
(a) Goal
The goal is to establish mechanisms to enable the NYDA to raise funds for purposes of advancing and implementing programmes aimed at improving the livelihoods of the youth.
(b) Objective 1
The objective is to plan and set up the National Youth Fund. The framework for financial assistance and policies and procedures to manage the Fund should be approved by the NYDA Board in 2011/12.
(c) Objective 2
The objective is to mobilise and leverage financial assistance to small, micro and medium enterprise and cooperatives owned by youth. The organisation would ensure that R30 million would be raised from the private sector for the National Youth Fund in 2011/12, R60 million in 2012/2013 and R70 million in 2013/14. The organisation would ensure that R60 million would be raised through partnership for the National Youth Fund in 2011/12, R120 million in 2012/13 and R140 million in 2013/14.
(d) Objective 3
The objective is to provide financial support to projects initiated by youth. R20 million would be invested in youth initiated projects in 2011/12, R30 million in 2012/13 and R40 million in 2013/14.
5.7 Key Deliverable for Key Performance Area 7: Governance
(a) Goal
The goal is to ensure that NYDA operations comply with applicable legislation and regulations governing schedule 3A institutions.
(b) Objective 1
The objective is to ensure compliance with all applicable statutes and policies. The organisation would ensure that for 2011-2014, adequate strategic risk register and adequate controls opinion based on internal audit will be established.
(c) Objective 2
The objective is to implement systems and processes to increase the recoverability of defaulting loans. The organisation would ensure that 20% of loan defaulters would be decreased in all loan books in 2011/12, 30% decreased in 2012/13 and 40% decreased in 2013/14.
6. Budget Allocation
The National Youth Development Agency had been allocated R1 218 428 billion for the financial year 2011 – 14. R425 676 million had been allocated for the financial year 2011/12. The budget would be used for operational costs excluding employee costs, capital expenditure, loans and investment and core programme direct funding intervention. R442 961 million would be used for financial year 2012/13 and R462 405 for financial year 2012/13 on the same programmes.
7. Observations
Having met with the NYDA to scrutinize their strategic plan, and budget, the Committee made the following observations:
1. The Committee observed that the NYDA’s budget averaged between R380 and R420 million per year over the next three years and was concerned about how the NYDA intended to meet its increased targets, e.g. KPA 2: economic participation: number of loans in year 1 = 9000, year 2 = 38 375, value of loans in year 1 = R40 million, year 2 = R96, 8 million.
2. The Committee was concerned that more than 50% of the budget was earmarked for compensation of employees and questioned whether that allocation should not be on funding programmes instead.
3. The Committee noted that the Key Performance Areas had changed and were different to that stipulated in the Annual Report for 2009/10.
4. The Committee noted that the NYDA was in partnership with other organisations in terms of programmes offered and was concerned as to the type of partnership entered into.
5. The Committee reiterated its concern regarding the matric rewrite programmes. The Committee queried as to which Provinces were covered with regards to 8000 matriculants in the rewrite programme. In addition, the NYDA was questioned whether it had a relationship with the Department of Education in terms of the matric rewrite programme.
6. The Committee observed that the NYDA offered loans to provide business support to young people and was concerned as to whether the NYDA charged interest on loans and where the money went to.
7. The Committee noted that the NYDA would create 89 089 jobs and was concerned as to how the NYDA would monitor and evaluate that target.
8. The Committee noted that the NYDA would facilitate and implement technical, entrepreneurship and life skills training programmes to young people and raised the issue of artisan training for young people.
9. The Committee noted that the NYDA’s policies overlapped with other Government Departments’ policies and was concerned as to whether the NYDA was in partnership with other Government Departments in implementing its programmes.
10. The Committee questioned whether the NYDA was not in fact duplicating programmes currently rendered by other Departments.
11. The Committee was unclear as to who the NYDA had signed performance agreements with.
12. The Committee observed that 155 000 young people would be involved in the National Youth Service project. However, the Committee was unclear as to what the role of the NYDA was in that regard and specifically whether it would be monitored and evaluated.
13. The Committee noted with concern that the Integrated Youth Development Strategy (IYDS) would take a year to be approved by the NYDA Board and Cabinet. That was seen as unacceptable.
14. The NYDA’s budget allocation to people with disabilities and ensuring access of youth from rural areas to schools with regards to transport was a concern.
15. The Committee was unclear as to what criteria were used to attain the various targets articulated by the NYDA in terms of geographical location within provinces and gender.
8. Recommendations
Having considered the budget and strategic plan of the NYDA, the Committee recommends as follows:
1. The NYDA must ensure greater focus and commitment to youth with disabilities and youth living in rural areas to bring to fruition government’s objectives in relation to these target groups.
2. The NYDA must ensure that its proposed programmes must speak to all aspects of its mandate and that requisite budgetary allocations are made for the implementation of these programmes.
3. The NYDA needs to provide detail with regard to who they have established partnerships with, as well as the nature of these partnerships.
4. In terms of the Matric re-write programme, the NYDA must provide the Committee with more clarity on the type of partnership entered into with the Department of Basic Education.
5. The NYDA must provide the Committee with disaggregated data of the beneficiaries of its programmes, i.e. in terms of province, gender, age, etc.
6. In terms of the dispensing of loans for SMME’s, the Committee requests that more detail is provided regarding the sustainability of proposed business ventures and loan repayments hereto.
7. The NYDA must promote youth skills development through artisan training.
8. The NYDA must provide the Committee with the performance agreements they have entered into.
9. The NYDA must expedite the finalisation and implementation of the Integrated Youth Development Strategy.
10. The NYDA must guard against duplicating programmes already being implemented in other government departments.
11. The NYDA must guard against over-expenditure on employee compensation which could impact on the poor implementation of programmes resulting in inefficient service delivery.
9. Conclusion
Having deliberated on the strategic plan and budget of the NYDA, the Committee thanked the NYDA for the presentation and members for interacting with the youth.
Report to be considered.
MONDAY, 27 JUNE 2011
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1. Classification of Bills by Joint Tagging Mechanism (JTM)
(1) The JTM in terms of Joint Rule 160(6) classified the following Bill as a Constitution Amendment Bill:
(a) Constitution Eighteenth Amendment Bill [B 8 – 2011] (National Assembly – sec 74(3)(b)).
(2) The JTM in terms of Joint Rule 160(6) classified the following Bills as section 75 Bills:
(a) Military Ombudsman Bill [B 9 – 2011] (National Assembly – sec 75).
(b) Implementation of the Geneva Conventions Bill [B 10 – 2011] (National Assembly – sec 75).
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Justice and Constitutional Development
(a) Proclamation No R.58 published in Government Gazette No 33718 dated 29 October 2010: Referral of matters to existing Special Investigating Unit and Special Tribunal in terms of the Special Investigating Units and Special Tribunals Act , 1996 (Act No 74 of 1996).
(b) Proclamation No R.59 published in Government Gazette No 33718 dated 29 October 2010: Referral of matters to existing Special Investigating Unit and Special Tribunal in terms of the Special Investigating Units and Special Tribunals Act , 1996 (Act No 74 of 1996).
(c) Proclamation No R.62 published in Government Gazette No 33744 dated 08 November 2010: Referral of matters to existing Special Investigating Unit and Special Tribunal in terms of the Special Investigating Units and Special Tribunals Act , 1996 (Act No 74 of 1996).
(d) Proclamation No R.63 published in Government Gazette No 33744 dated 08 November 2010: Referral of matters to existing Special Investigating Unit and Special Tribunal in terms of the Special Investigating Units and Special Tribunals Act , 1996 (Act No 74 of 1996).
(e) Proclamation No R.1047 published in Government Gazette No 33747 dated 10 November 2010: Withdrawal of Government Notice No R.2095 dated 13 September 1985 in terms of the Dangerous Weapons Act, 1968 (Act No 71 of 1968).
(f) Proclamation No R.1048 published in Government Gazette No 33747 dated 10 November 2010: Withdrawal of Government Notice No R.409 (Transkei) dated 7 March 1975 in terms of the Dangerous Weapons Act, 1968 (Act No 71 of 1968).
TUESDAY, 28 JUNE 2011
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) Bill passed by National Council of Provinces on 28 June 2011:
(a) Appropriation Bill [B 3 – 2011] (National Assembly – sec 77).
2. Draft Bills submitted in terms of Joint Rule 159
(1) Government Employees Pension Law Amendment Bill, 2011, submitted by the Minister of Finance.
Referred to the Standing Committee on Appropriations and the Select Committee on Appropriations.
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Finance
(a) Proclamation No 35 published in Government Gazette No 34356 dated 20 June 2011: Fixing of a date on which section 36(1) shall come into operation, in terms of the Revenue Laws Second Amendment Act, 2008 (Act No 61 of 2008).
(b) Government Notice No R. 506 published in Government Gazette No 34363 dated 17 June 2011: Amendment of Rules (DAR/90), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(c) Government Notice No R. 507 published in Government Gazette No 34363 dated 17 June 2011: Amendment of Schedule No 2 (No 2/336), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(d) Government Notice No R. 508 published in Government Gazette No 34363 dated 17 June 2011: Amendment of Schedule No 4 (No 4/341), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(e) Government Notice No R. 509 published in Government Gazette No 34363 dated 17 June 2011: Amendment of Schedule No 5 (No 5/93), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(f) Government Notice No R. 510 published in Government Gazette No 34363 dated 17 June 2011: Amendment of Schedule No 2 (No 2/336), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
COMMITTEE REPORTS
National Assembly
1. Seventh Report of the Committee on Public Accounts on the Report of the Auditor General on the annual report and financial statements of the Department of Defence and Military Veterans for the 2009/10 financial year, dated 22 June 2011.
1. Introduction
The Committee on Public Accounts (the Committee) heard evidence on and considered the contents of the Annual Report and the Report of the Auditor-General on the 2009/10 financial statements of the Department of Defence and Military Veterans (the Department). The Committee noted the qualified opinion, highlighted areas which required the urgent attention of the Accounting Officer, and reports as follows:
2. Tangible and intangible assets
The Auditor-General identified the following:
a) The Department did not disclose any financial information on tangible and intangible assets for both the current and prior year, contrary to the requirements of the financial reporting framework set by the National Treasury.
b) Due to historic inherent problems, the Department did not maintain a proper asset register, supported by relevant documentation, to enable the Auditor-General to quantify the misstatements of tangible and intangible assets.
c) A project plan to address the asset register deficiencies was in process. However, existence, rights and obligations, completeness and valuation with regard to tangible and intangible assets could not be verified.
The Committee recommends that the Accounting Officer ensures that:
a) Management implements a barcoding system that will ensure that all tangible assets are identifiable.
b) A verifiable asset register, which contains asset descriptions, dates on which they were acquired, as well as serial numbers, is created and updated on a monthly basis.
c) A dedicated asset management component is established within the department to manage assets according to the National Treasury guidelines.
d) All assets are classified according to the Standard Chart of Accounts (SCOA).
e) There is improvement to the current system, or implementation of a new system, to ensure that asset values are in line with the accounting policy.
f) All assets are valued as prescribed by the National Treasury.
g) A proper system of record-keeping is implemented to ensure that documentation is readily available.
h) Monthly reconciliations between the Financial Management System (FMS) and logistical system relating to additions and disposals of assets are performed.
i) Policies and procedures relating to assets are amended to ensure that assets are counted annually before the end of each financial year.
The Committee has noted the following plans undertaken by the Department:
a) The short-term plan to focus on the utilisation of the existing systems, the Operating Support Information System (OSIS) and the Computerised Aided Logistical Management Information System (CALMIS), to establish an asset register, and compliance with modified cash basis accounting.
b) The long-term plan to focus on the implementation of a single integrated defence logistics information management system, including a single asset register, as well as integration to Integrated Financial Management Systems (IFMS) to enable the department to comply with accrual basis of accounting.
3. Restatement of corresponding figures
The Auditor-General identified that:
The corresponding figures for the year ended 31 March 2009 have been restated as a result of errors discovered during the year under review.
The Committee recommends that the Accounting Officer ensures that:
The financial statements and other information included in the annual report are checked and reviewed for completeness and accuracy prior to audit. All amendments to financial statements and information should be done before the annual audit commences.
4. Irregular expenditure
The Auditor-General identified that:
Irregular expenditure amounting to R1 billion occurred, mainly comprising of: housing allowances, new military dispensation, and performance awards which were paid during the year under review without following proper approval processes as prescribed in section 55 of the Defence Act (No.42 of 2002), and section 2 of the Public Service Act (No.103 of 1994).
The Committee recommends that the Accounting Officer ensures that:
a) Appropriate disciplinary measures are taken against employees who were responsible for incurring irregular expenditure in terms of section 38(1)(h)(iii) of the Public Finance Management Act (No.1 of 1999) (PFMA).
b) The Department implements effective, efficient and transparent financial and risk management processes.
c) The Department strengthens its internal control systems in order to avoid incurring further irregular expenditure.
5. Predetermined objectives – Reliability of reported information
The Auditor-General identified that:
For the three tested programmes, the validity, accuracy and completeness of the reported targets could not be established as sufficient appropriate audit evidence could not be provided for audit purposes.
The Committee recommends that the Accounting Officer ensures that:
a) The planned and reported performance targets are specific, measurable and time-bound.
b) The accomplishment of predetermined objectives and targets is monitored on a continuous basis.
c) In future, relevant supporting evidence is made available.
6. Non-compliance with laws and regulations
The Auditor-General identified the following:
a) The Department did not comply with section 55 of the Defence Act (No.42 of 2002) regarding the approval of salaries relating to the latest military dispensation, housing allowances for uniformed members, and performance awards.
b) The Department did not comply with the approval process prescribed in section 2 of the Public Service Act (No.103 of 1994) regarding these payments.
c) The Department did not comply with section 38(1)(a)(ii) of the PFMA, as an internal audit function was not fully operational for the year under review.
d) The Department did not have an approved fraud prevention plan as required by Treasury Regulation 3.2.1.
The Committee recommends that the Accounting Officer ensures that:
a) The Department adheres to the applicable laws and regulations: including the PFMA, Treasury Regulations, Defence Act, Public Service Act, and appropriate disciplinary measures are taken against officials who do not comply with laws and regulations.
b) The Department has an effective audit committee that promotes independence, accountability and effective risk assessment.
c) The Department has a risk management strategy, which must include a fraud prevention plan.
7. Internal controls
7.1 Leadership
The Auditor-General identified the following:
a) Management did not have approved policies and procedures to guide management at the lowest level to ensure compliance with National Treasury disclosure requirements with regard to the recording and disclosure of various categories of tangible and intangible assets.
b) The Department did not have the necessary key controls in place to effectively manage performance against predetermined objectives.
c) The Department did not effectively monitor compliance with laws, regulations and policies.
The Committee recommends that the Accounting Officer ensures that:
a) There is oversight responsibility over financial reporting and internal control, and appropriate disciplinary measures are taken against individuals who fail to exercise this responsibility.
b) The Department has the necessary key controls in place to manage performance effectively, against predetermined objectives.
c) There is ongoing monitoring of compliance with laws, regulations and policies.
7.2 Governance
The Auditor-General identified the following:
a) The Department did not have an approved fraud prevention plan.
b) The internal audit function was not fully operational for the year under review.
c) The Head of Internal Audit was not appointed.
The Committee recommends that the Accounting Officer ensures that:
a) The Department has a fraud prevention plan that is reviewed on a continuous basis, and appropriate disciplinary measures are taken against individuals who do not adhere to it.
b) The internal audit function is fully operational throughout the year and assists in maintaining efficient and effective controls. The internal audit function should evaluate the controls on a continuous basis, and develop recommendations for improvement.
c) The Department appoints the Head of Internal Audit as a matter of urgency.
8. Other reports – Performance Audit
The Committee notes that there was a performance audit conducted on the Department’s use of consultants during the year under review. The Committee will, in due course, consider the findings of the said performance audit.
9. Conclusion
The Committee further recommends that the Executive Authority submits a progress report on the implementation of the above recommendations to the National Assembly within 60 days after the adoption of this report by the House.
Report to be considered.
The following report replaces item 1 under Committee Reports – National assembly, published in the Announcements Tablings and Committee Reports dated 24 June 2011 on page 2213:
2. Report of the Portfolio Committee on Women, Children, Youth and People with Disabilities on the Strategic Plan of the National Youth Development Agency for year 2011-14, dated 15 June 2011
The Portfolio Committee on Women, Children, Youth and People with Disabilities , having considered the strategic plan of the National Youth Development Agency, reports as follows:
1. Introduction
The strategic plan of the National Youth Development Agency (NYDA) was tabled on the 09 March 2011 and referred to the Portfolio Committee on Women, Children, Youth and People with Disabilities on the 01 June 2011 for consideration and report. The Committee engaged with the National Youth Development Agency on this matter on the 23 March 2011.
2. Briefing by the NYDA on the Strategic Plan for 2011 - 14
The Chief Executive Officer (CEO) of the NYDA presented the strategic plan of the NYDA. He reported that the organisation had identified the following categories of young people:
> Category 1 was identified as youth who were unskilled and unemployed. These were identified as young people who may have passed matric or dropped out of school but with no vocational skills.
> Category 2 was identified as youth who were skilled and unemployed, employed but unskilled and those in skills programmes.
> Category 3 was identified as skilled and employed and those in self employment.
3. NYDA Key Performance Areas and Strategic Objectives
KEY PERFORMANCE AREA
DEFINITION
1. National Youth Service and Social Cohesion
Promote youth social dialogue and create opportunities for young people to serve their communities.
Objectives:
- To promote opportunities for young people to serve their communities.
- To create a platform for young people to participate in and benefit from democratic processes.
- To develop capacity building materials for youth development practitioners.
- To create and support social networks.
- To benefit young people.
2. Economic participation
- To enhance the participation of young people in the economy through targeted and integrated programmes.
Objectives:
- To provide business support to young people.
- To provide financing support to young entrepreneurs.
- To provide employment opportunities to young people
- To design and implement specific interventions for women and persons with disabilities in rural areas.
3. Policy, research and development
- Developing a body of knowledge and best practice in the youth development sector to inform and influence policy development, planning and implementation.
Objectives:
- To develop IYDS and guidelines for the implementation of youth development programmes.
- To identify annual national youth development priorities
- To promote, lobby and advocate for a uniform approach by all sectors on matters relating to youth development.
- To conduct research and evaluations
- To inform policy and programmes
- To provide inputs on policies and legislation by government and other relevant structures.
4. Training and development
- To promote, facilitate and provide training and development opportunities to young people to enhance their socio – economic well being.
Objectives:
- To facilitate education opportunities in order to improve access to quality education.
- To facilitate and implement technical, entrepreneurship and life skills training programmes.
- To provide and facilitate capacity building of youth development practitioners.
- To facilitate youth development work as a recognised profession.
5. Youth Advisory and Information Services
- To ensure access for youth to information about various interventions aimed at improving the living condition of young people including information and career guidance service to young people.
Objectives:
- To provide career guidance services
- To provide access to information regarding products and services of the NYDA and referrals to other agencies.
6. National Youth Fund
- To establish a mechanism to enable the NYDA to raise funds for purposes of advancing and implementing programmes aimed at improving the livelihoods of the youth.
Objectives:
- To plan and set up the National Youth Fund
- To mobilise and leverage financial assistance to small, micro, medium enterprises and cooperatives owned by youth.
7. Governance
- To ensure that NYDA operations comply with applicable legislation and regulations governing a schedule 3A institution.
Objectives:
- To ensure compliance with all applicable statutes and policies
- To implement systems and processes to increase the recoverability of defaulting loans.
4. Summary of NYDA’s key priorities for 2011 – 2014
The NYDA identified national youth service, economic participation and social cohesion, education, training and skills development, youth advisory and information services and national youth fund as the key priorities for 2012 – 2014.
4.1 National Youth Service (NYS) and Social Cohesion
* 155 000 young people would be involved in the NYS project to provide them with an opportunity to serve their communities whilst gaining skills and training through projects facilitated by NYSU.
* Further 111 640 young people would be engaged on the NYDA funded NYS projects.
4.2 Economic participation
* 26 600 youth would be supported with Business Consultancy Vouchers; business opportunities support services and mentorship.
* 14 050 companies would be registered through the programme of assisting youth by having their companies registered with CIPRO.
* 281 entrepreneurs would be assisted to access funds through the voucher program.
* R331 million business opportunities will be sourced for BOSS deals, voucher support and mentorship.
* R243 280 million would be set aside to be accessed by youth owned small and medium enterprises.
* 89 089 jobs would be created through various NYDA programmes ranging from business consultancy vouchers, business opportunities support services and mentorship programmes.
4.3 Education, training and skills development
The National Youth Development Agency would enrol 8,000 youth to rewrite grade 12 exams through its matric rewrite programme. The organisation would provide 293,900 youth with various skills covering critical areas such as business management, life and job preparedness skills.
4.4 Youth Advisory and Information Service
The NYDA would provide over 1, 6 million youth with group career guidance.
4.5 National Youth Fund
The organisation would work in partnership with other stakeholders to raise over R480 million which would go into the National Youth Fund.
5. NYDA key performance areas, indicators and targets for 2011/12 – 2013/14
5.1 Key deliverables for Key Performance Area 1: National Youth Service and Social Cohesion
(a) Goal
The goal of the programme is to promote youth social dialogue and create opportunities for young people to serve their communities.
(b) Objective 1
The objective is to promote opportunities for young people to serve their communities. The NYDA intends to reach 10 000 youth to serve their communities through NYDA funded projects for 2011/12, 48 400 for 2012/13 and 53 240 for 2013/14. The organisation also intends to reach 40 000 youth for 2011/12, 55 000 for 2012/13 and 60 000 for 2013/14 to serve their communities through National Youth Service Unit registered projects.
(c) Objective 2
The objective is to create a platform for young people to participate in and benefit from democratic processes. The organisation intends to ensure that 8 local municipalities in 2011/12, 30 local municipalities in 2012/13, and 30 local municipalities in 2013/14 are assisted to establish youth councils. Fifteen local municipalities in 2011/12, 30 local municipalities in 2012/13 and 2013/14 would be mobilised to participate in elections. Four dialogue sessions per year would be hosted for the period 2011-2014 with young people. For 2011-2014, 500 young women per year would be mobilised for the celebration of Women’s Month and towards 16 Days of Activism campaign. 10 000 youth per year would participate in Youth month celebrations.
(d) Objective 3
The objective is to develop capacity building materials for youth development practitioners. The organisation would ensure that three programme support materials per year would be developed for the period 2011-2014. The organisation would also develop and implement a curriculum for youth development training for the period 2011 – 2014.
(e) Objective 4
The objective is to create and support social networks to benefit young people. The organisation would ensure 300 volunteer mentors participate in mentorship programmes for 2011-12, 400 volunteers for 2012-2013 and 500 volunteer mentors in 2013/14. The organisation will provide opportunities for 400 young people to participate in the buy youth campaign for 2011/12, 500 young people for 2012/13 and 600 for 2013/14 on the same campaign.
5.2 Key deliverable for Key Performance Area 2: Economic Participation
(a) Goal
The goal is to enhance the participation of young people in the economy through targeted and integrated programmes.
(b) Objective 1
The objective is to provide support to young people. The organisation would ensure that 3 500 young people would be supported with Business Consultancy Vouchers, business opportunities services and mentorship in 2011/12, 11 000 in 2012/13 and 12 100 in 2013/14. NYDA would ensure that 2 500 new companies owned by young people would be registered with CIPRO through business support voucher issuance in 2011/12, 5500 in 2012/13 and 6050 in 2013/14. 50 young entrepreneurs would be assisted to access funding and business opportunities through voucher programmes, business support programmes and mentorship in 2011/12, 110 in 2012/13 and 121 in 2013/14. The organisation would ensure that R50 million would be accessed by voucher recipient, Business Opportunities Support Programme and mentorship in 2011/12, R110 million in 2012/13 and R121 million in 2013/14. R100 million for 2011/12 and 2012/13 would be the value of business opportunities sourced for BOSS deals, voucher support and mentorship per year and R121 million would be committed for 2013/14 on the same programme.
(c) Objective 2
The objective is to provide financing support to young entrepreneurs. The organisation would ensure that 6 enterprises are financed for the 2011/12 financial year, 10 enterprises for financial year 2012/13 and 15 enterprises for 2013/14. 300 beneficiaries would be supported through social enterprise financing for the 2011/12 financial year, 500 beneficiaries for 2012/13 and 750 beneficiaries for 2013/14. NYDA will provide R10 million finance to social enterprises for financial year 2011/12, R8 million for 2012/13 and R12 million for 2013/14. The organisation would also provide 9 000 loans to micro enterprises for financial year 2011/12, 38 375 loans for 2012/13 and 55 625 for 2013/14. R16, 6 million would be issued to youth owned micro enterprises for financial year 2011/12, R76 million for 2012/13 and R118 million for 201/14. NYDA would provide 40 loans to SMEs for financial year 2011/12, 193 loans for 2012/13 and 212 loans for 2013/14. The organisation would issue R40 million loans to youth owned small and medium enterprises for financial year 2011/12, R96 800 million for 2012/13 and R106 480 million for financial year 2013/14.
(d) Objective 3
The objective is to provide employment opportunities for young people. The organisation will create 2000 jobs through Business Consultancy Vouchers, business support services and mentorship programmes for financial year 2011/12, 11 000 jobs for financial year 2012/13 and 12 100 jobs for 2013/14. 430 jobs would be created through social enterprises financing for 2011/12, 3 600 jobs for 2012/13 and 5 040 for 2013/14. 280 jobs would be created through SMEs financing for 2011/12, 2 420 jobs for 2012/13 and 2662 jobs for 2013/14. The organisation would create 9000 jobs through Micro finance lending in 2011/12, 13 337 jobs in 2012/13 and 17 380 jobs in 2013/14. 1 200 jobs would be facilitated through placements in job opportunities for financial year 2011/12, 3 600 jobs placements in 2012/13 and 5 040 jobs placements in 2013/14.
(e) Objective 4
The objective is to design and implement specific interventions for women, persons with disabilities and youth in rural areas. The NYDA would undertake 16 interventions to ensure that young women, youth with disabilities and in rural areas participated in economic projects for financial year 2011/12, 20 interventions in 2012/13 and 30 interventions in 2013/14. The organisation would also commit R3, 6 million for economic participation projects provided to young women, youth with disabilities and youth in rural areas for financial year 2011/12, R2 million for 2012/13 and R3 million for 2013/14.
5.3 Key Deliverables for Key Performance Area 3: Policy Research and Development
(a) Goal
The goal is to develop a body of knowledge and best practice in the youth development sector to inform and influence policy development, planning and implementation.
(b) Objective 1
The objective is to develop the Integrated Youth Development Strategy (IYDS) and guidelines for the implementation of youth development programmes. The organisation would ensure that the IYDS is adopted by the NYDA Board and Cabinet in 2011/12. It would also evaluate the protocol of the IYDS in 2011/12 and produce one evaluation report in 2013/14.
(c) Objective 2
The objective is to identify annual national youth development priorities. The organisation would submit a list of national youth development priorities to the Office of the President.
(d) Objective 3
The objective is to promote, lobby and advocate for a uniform approach by all sectors on matters relating to youth development. The organisation would ensure that it had established 15 partnership with governments, civil society and private sector in 2011/12 and 2012/13 per year and 25 partnerships in 2013/14. The organisation would lobby 5 departments to establish Youth Directorates in 2011/12 and 2012/13 per year and 6 Youth Directorates in 2013/14.
(e) Objective 4
The objective is to conduct research and evaluate policy and programme interventions. The organisation would submit the final draft status of youth report to the Office of the President in 2011/12, the status of youth report in 2012/13 and submit the recommendations implemented report in 2013/14. By 2011/12, the organisation intended to produce 6 research project reports, 15 research reports in 2012/13 and 2013/14. The organisation would also produce 24 publications on youth development in 2011/12 and 15 publications in 2012/13 and 2013/14 per year.
(f) Objective 5
The objective is to provide inputs on policies and legislation by government and other relevant structures. The organisation would submit 6 submissions of written youth development related policies and legislation to relevant Departments in 2011/12 and 7 submissions in 2012/13 and 2013/14 per year. NYDA will also attend 10 Portfolio Committee meetings in 201/12, 2012/13 and 2013/14 per year.
5.4 Key Deliverables for Key Performance Area 4: Training and Development
(a) Goal
The goal is to promote, facilitate and provide training and development opportunities to young people to enhance their socio-economic wellbeing.
(b) Objective 1
The objective is to facilitate education opportunities in order to improve access to quality education. The organisation would enrol 2000 young people to rewrite Grade 12 exams in 2011/12 and 6000 young people in 2012/13. The organisation would also provide 5 000 young people with entrepreneurship and business management skills in 2011/12, 35 000 in 2012/13 and 50 000 in 2013/14.
(c) Objective 2
The objective is to facilitate and implement technical, entrepreneurship and life skills training programmes. 500 youth would be provided with technical skills training in 2011/12, 1 650 in 2012/13 and 2750 in 2013/14. 10 000 young people would be provided with job preparedness training in 2011/12, 27 000 in 2012/13 and 37 800 in 2013/14. The organisation would provide 2000 young people with life skills training in 2011/12, 27 000 youth in 2012/13 and 37 800 in 2013/14. NYDA would also enrol 200 youth in Youth Building South Africa projects in 2011/12, 400 youth in 2012/13 and 600 youth in 2013/14. 1NYDA will ensure that 10 000 youth attend entrepreneurship awareness programmes for 2011/12, 2012/13 and 2013/14. 300 youth will attend Buy Youth Campaign training in 2011/12, 400 youth in 2012/13 and 500 youth in 2013/14.
(d) Objective 3
The objective is to provide and facilitate capacity building of youth development practitioners. The organisation would train 13 facilitators in life skills in 2011/12, 60 facilitators in 2012/13 and 84 facilitators in 2013/14 and in job preparedness and youth practitioners in career guidance. The organisation would also launch the Centre for Youth Development Practice.
(e) Objective 4
The objective is to facilitate youth development work as a recognised profession. The NYDA would develop and approve 2 unit standards towards Youth Work Qualification in 2011/12 and 2012/13 financial years and full unit standards in 2013/14. The organisation would ensure that 10 youth practitioners obtain credits for Youth Work Qualification in 2011/12, 15 youth practitioners in 2012/13 and 20 youth practitioners in 2013/14.
5.5 Key Deliverables for Key Performance Area 5: Youth Advisory and Information Services
(a) Goal
The goal is to ensure access to information by youth about various interventions aimed at improving the living conditions of young people including information and career guidance to young people.
(b) Objective 1
The objective is to provide career guidance services. 2, 600 would be provided with individual career guidance information for the financial year 2011/12, 82 800 for 2012/2013 and 115 920 for 2013/14. The estimated number of young people who would be provided with group career guidance information was 397 000 for financial year 2011/12, 540 000 for 2012/13 and 756 000 for 2013/14.
(c) Objective 2
The objective is to provide access to information regarding products and services of the NYDA and referrals to other agencies. The organisation would ensure 500 000 young people received information and referrals from the NYDA access point. For 2011/12, 1 000 000 for 2012/13 and 1100 000 for 2013/2014. 140 000 interactions with young people would be made through the NYDA call centre for 2011/2012, 155 000 for 2012/2013 and 170 000 for 2013/2014. The NYDA would publish 20 publication beneficiaries stories for 2011/12, 2012/13 and 2013/2014 per year.
5.6 Key Deliverable for Key Performance Area 6: National Youth Fund
(a) Goal
The goal is to establish mechanisms to enable the NYDA to raise funds for purposes of advancing and implementing programmes aimed at improving the livelihoods of the youth.
(b) Objective 1
The objective is to plan and set up the National Youth Fund. The framework for financial assistance and policies and procedures to manage the Fund should be approved by the NYDA Board in 2011/12.
(c) Objective 2
The objective is to mobilise and leverage financial assistance to small, micro and medium enterprise and cooperatives owned by youth. The organisation would ensure that R30 million would be raised from the private sector for the National Youth Fund in 2011/12, R60 million in 2012/2013 and R70 million in 2013/14. The organisation would ensure that R60 million would be raised through partnership for the National Youth Fund in 2011/12, R120 million in 2012/13 and R140 million in 2013/14.
(d) Objective 3
The objective is to provide financial support to projects initiated by youth. R20 million would be invested in youth initiated projects in 2011/12, R30 million in 2012/13 and R40 million in 2013/14.
5.7 Key Deliverable for Key Performance Area 7: Governance
(a) Goal
The goal is to ensure that NYDA operations comply with applicable legislation and regulations governing schedule 3A institutions.
(b) Objective 1
The objective is to ensure compliance with all applicable statutes and policies. The organisation would ensure that for 2011-2014, adequate strategic risk register and adequate controls opinion based on internal audit will be established.
(c) Objective 2
The objective is to implement systems and processes to increase the recoverability of defaulting loans. The organisation would ensure that 20% of loan defaulters would be decreased in all loan books in 2011/12, 30% decreased in 2012/13 and 40% decreased in 2013/14.
6. Budget Allocation
The National Youth Development Agency had been allocated R1 218 428 billion for the financial year 2011 – 14. R425 676 million had been allocated for the financial year 2011/12. The budget would be used for operational costs excluding employee costs, capital expenditure, loans and investment and core programme direct funding intervention. R442 961 million would be used for financial year 2012/13 and R462 405 for financial year 2012/13 on the same programmes.
7. Observations
Having met with the NYDA to scrutinize their strategic plan, and budget, the Committee made the following observations:
1. The Committee observed that the NYDA’s budget averaged between R380 and R420 million per year over the next three years and was concerned about how the NYDA intended to meet its increased targets, e.g. KPA 2: economic participation: number of loans in year 1 = 9000, year 2 = 38 375, value of loans in year 1 = R40 million, year 2 = R96, 8 million.
2. The Committee was concerned that more than 50% of the budget was earmarked for compensation of employees and questioned whether that allocation should not be on funding programmes instead.
3. The Committee noted that the Key Performance Areas had changed and were different to that stipulated in the Annual Report for 2009/10.
4. The Committee noted that the NYDA was in partnership with other organisations in terms of programmes offered and was concerned as to the type of partnership entered into.
5. The Committee reiterated its concern regarding the matric rewrite programmes. The Committee queried as to which Provinces were covered with regards to 8000 matriculants in the rewrite programme. In addition, the NYDA was questioned whether it had a relationship with the Department of Education in terms of the matric rewrite programme.
6. The Committee observed that the NYDA offered loans to provide business support to young people and was concerned as to whether the NYDA charged interest on loans and where the money went to.
7. The Committee noted that the NYDA would create 89 089 jobs and was concerned as to how the NYDA would monitor and evaluate that target.
8. The Committee noted that the NYDA would facilitate and implement technical, entrepreneurship and life skills training programmes to young people and raised the issue of artisan training for young people.
9. The Committee noted that the NYDA’s policies overlapped with other Government Departments’ policies and was concerned as to whether the NYDA was in partnership with other Government Departments in implementing its programmes.
10. The Committee questioned whether the NYDA was not in fact duplicating programmes currently rendered by other Departments.
11. The Committee was unclear as to who the NYDA had signed performance agreements with.
12. The Committee observed that 155 000 young people would be involved in the National Youth Service project. However, the Committee was unclear as to what the role of the NYDA was in that regard and specifically whether it would be monitored and evaluated.
13. The Committee noted with concern that the Integrated Youth Development Strategy (IYDS) would take a year to be approved by the NYDA Board and Cabinet. That was seen as unacceptable.
14. The NYDA’s budget allocation to people with disabilities and ensuring access of youth from rural areas to schools with regards to transport was a concern.
15. The Committee was unclear as to what criteria were used to attain the various targets articulated by the NYDA by terms of geographical location within provinces and gender.
8. Recommendations
Having considered the budget and strategic plan of the NYDA, the Committee recommends as follows:
1. The NYDA must ensure greater focus and commitment to youth with disabilities and youth living in rural areas to bring to fruition government’s objectives in relation to these target groups.
2. The NYDA must ensure that its proposed programmes must speak to all aspects of its mandate and that requisite budgetary allocations are made for the implementation of these programmes.
3. The NYDA needs to provide detail with regard to who they have established partnerships with, as well as the nature of these partnerships.
4. In terms of the Matric re-write programme, the NYDA must provide the Committee with more clarity on the type of partnership entered into with the Department of Basic Education.
5. The NYDA must provide the Committee with disaggregated data of the beneficiaries of its programmes, i.e. in terms of province, gender, age, etc.
6. In terms of the dispensing of loans for SMME’s, the Committee requests that more detail is provided regarding the sustainability of proposed business ventures and loan repayments hereto.
7. The NYDA must promote youth skills development through artisan training.
8. The NYDA must provide the Committee with the performance agreements they have entered into.
9. The NYDA must expedite the finalisation and implementation of the Integrated Youth Development Strategy.
10. The NYDA must guard against duplicating programmes already being implemented in other government departments.
11. The NYDA must guard against over-expenditure on employee compensation which could impact on the poor implementation of programmes resulting in inefficient service delivery.
9. Conclusion
Having deliberated on the strategic plan and budget of the NYDA, the Committee thanked the NYDA for the presentation and members for interacting with the youth.
Report to be considered.
3. Report of the Portfolio Committee on Science and Technology on the Science and Technology Laws Amendment Bill [B 5 – 2011], dated 22 June 2011.
The Portfolio Committee on Science and Technology, having considered the subject of the Science and Technology Laws Amendment Bill [B 5 - 2011] (National Assembly – sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B5A - 2011].
Report to be considered
WEDNESDAY, 29 JUNE 2011
TABLINGS
National Assembly and National Council of Provinces
1. The Speaker and the Chairperson
(a) Consolidated General Report of the Auditor-General on the Local
Government audit outcomes for 2009-10 [RP 92-2011].
2. The Minister of Finance
(a) Report of the Registrar of Short-term Insurance for 2009 [RP 68 -2011].
(b) Report of the Registrar of Long-term Insurance for 2009 [RP 69 -2011].
COMMITTEE REPORTS
National Assembly
1. Report of the Portfolio Committee on Science and Technology: Visit to the Square Kilometer Array (SKA) in Carnarvon and the South African Large Telescope (SALT) in Sutherland, 29 - 30 March 2011, dated 22 June 2011.
1. Introduction
The Portfolio Committee on Science and Technology visited SKA and SALT on 29 and 30 March 2011. The main purpose of the visit was for the Committee to familiarise themselves with the locations for the telescopes and also to deepen their understanding of the different projects. SALT and SKA were two examples of Government’s efforts to exploit South Africa’s geographic advantage for space-related research, and to harness the benefits of space science and technology for socio-economic growth and sustainable development. The visit followed the Department of Science and Technology’s detailed brief on the progress with regard to SKA.
The two-day programme consisted of:
* the SKA offices at Klerefontein
* the KAT7/MeerKAT site
* SALT site
* SALT/SAAO Sutherland facilities
* Viewing smaller telescopes on Sutherland hill
* Star-gazing and the Visitors Centre
* SALT Technical Operations Team
* The community centre and school hostel
Delegation:
Dr ENN Ngcobo (ANC)
Ms L Dunjwa (ANC)
Ms H Line (ANC)
Ms P Mocumi (ANC)
Ms S Plaatjie (COPE)
Ms M Shinn (DA)
The delegation was accompanied by Ms Shanaaz Isaacs (Committee Secretary), as well as officials from the Department of Science and Technology (DST), National Research Foundation (NRF) and South African Astronomical Observatory (SAAO).
The lead hosts accompanying the Committee were Dr Albert van Jaarsveld of the (NRF) and Prof Phil Charles of the (SAAO).
2. Visit to the SKA offices and MeerKAT site
The Committee learnt that the Karoo region of the Northern Cape Province was ideal for SKA and radio astronomy, given its lack of radio frequency interference from man-made sources. The Astronomy Geographic Advantage Act (No 21 of 2007), further protects the actual SKA site and immediate area surrounding it as a radio astronomy reserve. The Act provides strict regulations controlling the generation and transmission of interfering radio signals in the reserve and the area around it.
2.1 SKA Office
The SKA offices were situated in Klerefontein. It was a building which had been refurbished to house offices, workstations, a mechanical laboratory, a boardroom and an entertainment area. It was approximately 80 kilometres from the site.
Members were shown a dish assembly shed where the dish moulding takes place. The moulding process was explained to involve moulding the dish from fibre glass composite and resin. A steel backing structure was attached to the dish for support. Flame spraying was the final step in putting the white reflective surface on the dish.
Members saw two control rooms, one located at KAT-7 which was occupied by astronomers and the other was an on-site control room during operations. The Cape Town control room located in Pinelands remains the main engineering room from where the telescope will be operated.
2.2 MeerKAT Site
Members were taken to the MeerKAT site where the 7 dishes had been erected.
The completed KAT-7 array was an important engineering test-bed for technologies and systems for MeerKAT, and would also be used as a scientific tool.. There were already several requests from radio astronomers around the globe who wanted to use it as a science instrument.
The MeerKAT sub-systems employ a number of novel technologies which were in the mainstream of SKA development. The MeerKAT design process would provide important deliverables for the SKA South Africa Project, as expected from the precursor instruments. In addition to the pioneering use of composite materials for the dish reflector surfaces and structural components (KAT-7 was the world's first radio telescope with dishes made of fibre glass), design challenges include the development of very wide band waveguide feeds and receivers, low-cost cryogenic systems for cooling the receivers, direct digital sampling systems, high speed digital signal processing systems, algorithms for astronomy data processing, high performance computing platforms that match the algorithms, and very fast data transport networks.
An explanation was given on how the receivers on the dish worked. The receiver was that component that receives radio waves and translates it into a digital signal that was transported via optic fibre to the correlator, which in essence processes the data received. At the time of the visit, five receivers had been installed.
3. Visit to the SALT site
In 2000, South Africa and its international partners joined forces to build the largest single optical telescope in the southern hemisphere, with a hexagonal mirror array 11 metres across. An observation required the primary mirror to be stationary and the instruments move across on a tracker, which follows the Earth’s rotation. The Southern African Large Telescope (SALT) is situated alongside the telescopes of the South African Astronomical Observatory (SAAO) on a hilltop close to Sutherland in the Northern Cape Province.
Upon viewing SALT, Members were told that their visit coincided within the period the telescope became fully functional and that it would be used that evening for viewing.
The telescope had initial challenges with regard to image quality (IQ). The efficiency of the spectrograph was greatly reduced compared to what had been expected. A lengthy repair process followed, involving the dismantling and testing of all optical components verifying their optical condition and cleaning them where necessary. The mirrors were all realigned and tested with a computer generated hologram. It was later reported that the viewing which took place that night, had been very successful and very good astronomical images had been obtained.
3.1 SALT/SAAO Sutherland hostel facilities
The SAAO hostel facilities mainly accommodated visiting astronomers and technical staff. Staff based in Cape Town rotated and travelled on a weekly basis to provide IT and technical support to the operations in Sutherland. Visiting astronomers could also make use of the facilities but had to book time on a specific telescope months in advance and could stay for a period of two weeks depending on the allocation of the instruments and telescopes.
3.2 Smaller telescopes on Sutherland Hill
Members were shown the smaller telescopes. The small telescopes played an important role as astronomy instruments for the SAAO and South African astronomy researchers. They were still used for competitive research by both South Africa and international astronomers. They were also used to train future astronomers and were used by South Africa and international universities for postgraduate studies.
Other than the SAAO telescopes, there were many other telescopes at Sutherland that were robotic and belonged to other institutions. South African astronomers, however, were able to access data from all these facilities, either as collaborators or working on their own. There had been and continue to be collaborative activities with countries such as UK, USA, Poland, South Korea, India, Germany, Russia and France. These international collaborations were seen as important in the areas of skills transfer and expertise.
3.3 Star-gazing and the Visitors Centre
Stargazing formed part of the night tours, organised through the Visitors Centre, from Monday to Saturday evening, weather permitting. Approximately 7500 visitors per year toured this centre. Self-guided tours on weekends and public holidays were also available.
The tour-guide, Mr Willem Prins, from the local community, took the Members on a tour through the Visitors Centre. Mr Prins is currently busy with his “Introduction in Astronomy” course via the University of Lancashire.
3.4 SALT Technical Operations team
The Committee was briefly introduced to the team members of the Technical Operations Division. SALT generated employment for twenty-one technical operations employees. Seventeen employees were employed on-site and four were based in Cape Town. Four were Sutherland residents, five were from surrounding rural towns and one was from Namibia. One of the four software employees was a paraplegic who was confined to a wheelchair. A further two employees from Sutherland were being trained as artisans. Skills employed in this division include mechanical, electronic, system, software and opto-mechanical engineering and technology. A number of local residents were also employed periodically to see the project through its peaks.
3.5 The school hostel and community centre
Members visited the school hostel. Since Sutherland High School was the only high school in the district offering science as a subject, learners interested in taking science as a subject often had to travel long distances to attend school. The hostel offered accommodation to those learners, mainly children of farm workers, who study science at the school. The poor conditions at the hostels made it difficult to attract learners to the school, hence a refurbishment was necessary. The upgrades had been made through the efforts of the NRF.
The Community Centre in Sutherland was constructed, mainly through funding sourced by the DST. The town has many social challenges and a high rate of unemployment, with school leavers having very little opportunity of finding employment. The purpose of the Centre was thus to train and equip people with the necessary skills to acquire jobs. The idea was not to merely establish a computer room, but that the Centre be a place for the community to gather and for learners to spend time doing extra school work after hours. Once completed, the Centre would have space for computer training, an after school learning area and a play area for young kids. The outside of the Centre would have a braai area which could be used for evening activities such as telescope viewing and outdoor projection for educational movies. The Centre would be managed by the Board, comprising representatives from SAAO, Karoo-Hoogland Municipality, the two schools in the area, Department of Social Development and the Sutherland Unemployment Forum.
4. Conclusions
As the purpose of the visits was to orientate Members with the locations and operations of this important variety of science instruments, there had been no formal deliberations. However, the Committee had developed meaningful insight from what the members observed at the two facilities and could relate that to the numerous in-depth space-related briefings that were held at Parliament.
Major astronomy facilities such as SALT and SKA, which are perceived as world-class, would ensure that Africa is a significant contributor to the global knowledge economy. Apart from enhancing the innovation in science and technology through bidding to host the SKA radio telescope, the Committee acknowledged the number of job opportunities already created in the Northern Cape and foresaw this number increasing with continued investment and support during the bid process.
5. The following recommendations were made:
The Department of Science and Technology should continue to keep the Committee informed regarding progress leading-up to the bid to host the international SKA radio-astronomy facility and whether all plans are proceeding as planned.
The 62nd International Astronautical Congress, which is scheduled to take place in Cape Town in October 2011, is an important platform to highlight South Africa’s astronomy facilities and the Department should make effective use of this opportunity to promote our astronomy.
Report to be considered.
2. Report of the Portfolio Committee on Defence and Military Veterans on the Military Veterans Bill [B1– 2011] (National Assembly – sec 75), dated 29 June 2011
The Portfolio Committee on Defence and Military Veterans, having considered the subject of the Military Veterans Bill [B1– 2011] (National Assembly – sec 75), referred to it, and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B1A- 2011].
Report to be considered.
THURSDAY, 30 JUNE 2011
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1. Draft Bills submitted in terms of Joint Rule 159
(1) Government Employees Pension Law Amendment Bill, 2011, submitted by the Minister of Finance.
Referred to the Standing Committee on Finance and the Select Committee on Finance.
The above item is a correction of the announcement on page 2256 of the ATC of Tuesday, 28 June 2011.
COMMITTEE REPORTS
National Assembly and National Council of Provinces
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WEDNESDAY, 6 JULY 2011
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1. Assent by President in respect of Bills
(1) Local Government: Municipal Systems Amendment Bill [B 22B – 2010] – Act No 7 of 2011 (assented to and signed by President on 2 July 2011).
National Assembly
The Speaker
1. Request for approval of composition of NCLIS appointment panel
(a) A letter, dated 7 February 2011, has been received from the Minister of Arts and Culture, requesting in terms of section 7(2)(a) of the National Council for Library and Information Services Act, 2001 (Act No 6 of 2001), the relevant portfolio committee to approve the composition of a panel to reconstitute the National Council for Library and Information Services (NCLIS).
Referred to the Portfolio Committee on Arts and Culture for consideration.
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Finance
(a) General Notice No 289 published in Government Gazette No 34283 dated 11 May 2011: Draft Approval of Municipal Taxes Regulation: For public comment, in terms of the Municipal Fiscal Powers and Functions Act, 2007 (Act No 12 of 2007).
2. The Minister of Water and Environmental Affairs
(a) Yearly report to Parliament on international environmental instruments (2010-11), tabled in terms of section 26(1) of the National Environmental Management Act, 1998 (Act No 107 of 1998).
National Assembly
1. The Speaker
(a) The President of the Republic submitted the following letter dated 17 June 2011 to the Speaker: National Assembly, informing Members of the Assembly of the extension of the employment of the South African National Defence Force for service in Mozambique waters and in international waters to monitor and deter piracy activities along the Southern African Coast of the Indian Ocean.
EXTENSION OF THE EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE FOR SERVICE IN MOZAMBIQUE WATERS AND IN INTERNATIONAL WATERS TO MONITOR AND DETER PIRACY ACTIVITIES ALONG THE SOUTHERN AFRICAN COAST OF THE INDIAN OCEAN.
This serves to inform the National Assembly that I have extended the employment of two hundred (200) members of the South African National Defence Force, for service in Mozambique waters and in international waters to monitor and deter piracy activities along the Southern African coast of the Indian Ocean.
The extension of the deployment of the South African National Defence Force is for a period of 12 months as from 21 April 2011 – 31 March 2012.
This employment is authorised in accordance with the provisions of section 201(2)(c) of the Constitution of the Republic of South Africa, 1996 read together with section 18 of the Defence Act of 2002 (Act No 42 of 2002).
I will communicate this report to members of the National Council of Provinces and wish to request that you bring the contents hereof to the attention of the National Assembly.
With kind regards
signed
MR JACOB GEDLEYIHLEKISA ZUMA
FRIDAY, 8 JULY 2011
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1. Draft Bills submitted in terms of Joint Rule 159
(2) Judges’ Remuneration and Conditions of Employment Amendment Bill, 2011, submitted by the Minister of Justice and Constitutional Development.
Referred to the Portfolio Committee on Justice and Constitutional Development and the Select Committee on Security and Constitutional Development.
National Assembly
The Speaker
1. Introduction of Bills
(1) The Minister of Justice and Constitutional Development
(a) Judges’ Remuneration and Conditions of Employment Amendment Bill [B 12 – 2011] (National Assembly – proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 34444 of 7 July 2011.]
Introduction and referral to the Portfolio Committee on Justice and Constitutional Development of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.
In terms of Joint Rule 154 written views on the classification of the Bill may be submitted to the JTM within three parliamentary working days.
COMMITTEE REPORTS
National Assembly
1. Report of the Committee on the Auditor General on the salary package of the Auditor-General of the Republic of South Africa, dated 9 June 2011
The Committee on the Auditor–General, having considered the recommendations of the Remuneration Committee of the Auditor–General on the salary package of the Auditor-General, reports as follows:
1. Introduction and Background
The Committee on the Auditor-General (the Committee), established in terms of Rule 208A of the National Assembly Rules, read with Section 10(3) of the Public Audit Act, 2004 (Act No. 25 of 2004) is mandated in terms of Section 2 (c) of the Act to assist and protect the Auditor-General in order to ensure the independence, impartiality, dignity and effectiveness of the Auditor-General and to advise the National Assembly.
On 22 September 2006, the Committee recommended to the President of the Republic of South Africa in terms of Section 7(1) of the Public Audit Act, that:
* The Auditor-General to-be-appointed, Mr. TM Nombembe, receive a total remuneration package of R1,708,600.00 per annum commencing on 01 December 2006 to be reviewed annually:
* Mr. Nombembe is not entitled to an annual performance bonus, but should receive a termination bonus/deferred compensation on the successful completion of his term equal to 10% X average term compensation X years of the fixed term of office; and
* The total remuneration package is structured by
Mr. Nombembe according to the parameters and guidelines as are generally applicable to the Office of the Auditor-General.
The recommendations were included in the President’s Act No. 349, dated 11 November 2006.
The Committee also indicated in the notice that “the entire remuneration dispensation of all public office-bearers, including the judiciary, is currently under review”. Section 7 (2) (b) of the Public Audit Act provides, amongst others, that the allowances and other benefits of a person appointed as Auditor-General must be substantially the same as those of the top echelon of the judiciary.
Whilst the remuneration dispensation of the Chief Justice has been reviewed, that of the Auditor-General, serving in accordance with the conditions of employment as determined prior to the said review, has not been adjusted.
2. Conclusion
In light of the above and after considering the submission from the Remuneration Committee of the Auditor-General, which relies on a benchmarking exercise undertaken by Alexander Forbes and the Chairperson of the Remuneration Committee, the Committee on the Auditor-General, in accordance with its statutory mandate, recommends to the President, subject to section 7(3) of the Public Audit Act, to do the following:
* To take note of the original salary offer to the Auditor-General, Mr. TM Nombembe, as well as the salary adjustments that were implemented during the past three years, to increase the Auditor-General’s annual salary package from R1,708,600.00 to R2,650,000.00, effective from 01 December 2006;
* Whilst the Auditor-General is not entitled to an annual performance bonus, to increase the termination benefit from 10 percent of the average term compensation for each year of service to 50 per cent of average term compensation for each year of service. This will compensate for the differences in the remuneration package of the Auditor-General as compared to the remuneration package of the Chief Justice; and
* To effect payment of back pay amounts in accordance with the parameters and guidelines as applicable to the Office of the Auditor-General.
For information.
WEDNESDAY, 13 JULY 2011
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Justice and Constitutional Development
(a) Progress report dated 29 June 2011 on the provisional suspension from office of Magistrate M T Masinga, a magistrate in Umlazi, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
(b) Progress report dated 29 June 2011 on the provisional suspension from office of Magistrate L B Maruwa, a magistrate in Daveyton, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
(c) Progress report dated 29 June 2011 on the provisional suspension from office of Magistrate D Jacobs, a magistrate in Clocolan, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
(d) Progress report dated 29 June 2011 on the provisional suspension from office of Magistrate C M Dumani, a magistrate in Graaff‑Reinet, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
(e) Progress report dated 29 June 2011 on the provisional suspension from office of Magistrate I W O M Morake, a magistrate in Lichtenburg, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
(f) Progress report dated 29 June 2011 on the provisional suspension from office of Magistrate L Skrenya, a magistrate in Cala, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
(g) Progress report dated 29 June 2011 on the provisional suspension from office of Magistrate T R Rambau, a magistrate in Limpopo, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
National Assembly
1. The Speaker
(a) Letter, dated 9 June 2011, from the Office of the Auditor-General to provide reasons for the delay in completing the audit of the financial statements of the Oudtshoorn Municipality, tabled in terms of section 126(4) of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).
WEDNESDAY, 20 JULY 2011
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1. Assent by President in respect of Bills
(1) Merchant Shipping (Safe Containers Convention) Bill [B 31B – 2010] – Act No 10 of 2011 (assented to and signed by President on 13 July 2011).
(2) Appropriation Bill [B 3 – 2011] – Act No 11 of 2011 (assented to and signed by President on 13 July 2011).
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Justice and Constitutional Development
(a) Legal Aid Guide 2011 (12th edition), including proposed amendments approved by the Board of Legal Aid South Africa, tabled in terms of section 3A(2) of the Legal Aid Act, 1969 (No 22 of 1969).
National Assembly
1. The Speaker
(a) The President of the Republic submitted the following letter dated 06 July 2011 to the Speaker: National Assembly, informing Members of the Assembly of the employment of the South African National Defence Force for service in co-operation with the South African Police Service in the prevention and combating of crime and maintenance and preservation of law and order within the Republic of South Africa in order to ensure safe and secure local government elections.
EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE FOR SERVICE IN CO-OPERATION WITH THE SOUTH AFRICAN POLICE SERVICE IN THE PREVENTION AND COMBATING OF CRIME AND MAINTENANCE AND PRESERVATION OF LAW AND ORDER WITHIN THE REPUBLIC OF SOUTH AFRICA IN ORDER TO ENSURE SAFE AND SECURE LOCAL GOVERNMENT ELECTIONS
This serves to inform the National Assembly that I have employed one thousand four hundred and eight (1408) members of the South African National Defence Force (SANDF), for service in co-operation with the South African Police Service in the prevention and combating of crime and maintenance and preservation of law and order within the Republic of South Africa to ensure safe and secure local government elections. This deployment was for the period 04 May to 23 May 2011.
This employment was authorised in accordance with the provisions of section 201(2) (a) of the Constitution of the Republic of South Africa, 1996, read with section 19 (1) of the Defence Act (Act 42 of 2002).
I will communicate this report to members of the National Council of Provinces and members of Joint Standing Committee on Defence and wish to request that you bring the contents hereof to the attention of the National Assembly.
Regards
signed
Mr Jacob Gedleyihlekisa Zuma
COMMITTEE REPORTS
National Assembly and National Council of Provinces
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National Assembly
1. Report of the Portfolio Committee on Human Settlements on oversight visit to KwaZulu-Natal, dated 15 April 2011
The Portfolio Committee on Human Settlements, having conducted an oversight visit to KwaZulu-Natal from 27 February to 4 March 2011 in relation to the implementation of the human settlements strategic plans, projects and programmes, reports as follows:
1. Background
In terms of South Africa’s Constitution of 1996 as well as parliamentary rules, the Portfolio Committee on Human Settlements has a responsibility to conduct oversight over any executive organ of state that falls within its portfolio. In line with this mandate, the Committee undertakes provincial oversight visits to evaluate progress and identify challenges encountered in respect of the implementation of programmes and projects. Furthermore, the Committee seeks to promote and enhance intergovernmental relations and co-operative governance principles in the delivery of human settlement services. To give effect to its strategic plan, the Committee conducted an oversight visit to the KwaZulu-Natal Province during the second term of the parliamentary programme, ie 27 February – 4 March 2011.
2. Objectives of the visit
The objective of the visit was to conduct briefing sessions with the provincial department and other stakeholders in relation to the implementation of human settlement strategic plans, projects and programmes. In addition, the Committee recognised a need to conduct site visits. The focus was on the following key issues:
* Implementation of a comprehensive, integrated human settlements strategy in the province;
* Performance in meeting service delivery targets identified for 2010/11, as well as and challenges encountered;
* Role of public and private sector in service delivery;
* Plans, programmes and service delivery targets for 2011/12;
* Progress in supporting disaster-affected communities;
* Blocked projects and plans to unblock them;
* Strategies in relation to the rectification programme;
* Number of informal settlements, the plan and the progress in upgrading such settlements, including Community Residential Units (CRU’s);
* Implementation of Farm Worker Assistance Programme;
* Co-ordination and management of the beneficiary list and incorporation of backyard dwellers in the provincial housing database;
* Use of alternative technologies in construction.
3. Multiparty delegation
The delegation consisted of Hon BN Dambuza (ANC) as leader of the delegation, Hon MR Mdakane (ANC), Hon GM Borman (ANC), Hon TMA Gasebonwe (ANC), Hon JM Matshoba (ANC), Hon NA Mnisi (ANC), Hon D Dlakude (ANC), Hon AM Figlan (DA), Hon AC Steyn (DA), Hon T Botha (Cope) and Hon KP Sithole (IFP). The delegation was also accompanied by the following officials from the national Department of Human Settlements: Mr L Jolobe, Mr C Mazubane, Ms N Thembani, Ms T Mabalane and Ms M Pine, as well as Ms K Pasiya (Committee Secretary), Mr L Tsoai (Researcher) and Ms N Mnyovu (Committee Assistant).
The delegation was also accompanied by members of the following standing committees of the legislature: Mr SJ Vilane, Chairperson of the Standing Committee on Human Settlements; Mrs MC Frazer, Chairperson of Standing Committee on Works; Inkosi NB Shabalala; Rev NW Ngcobo; Mr SV Naicker; Mrs LL Zwane; Mrs H Ngxongo; Mr G Mari; Inkosi MZN Madlala; Mr DN Khuzwayo and the Committee Secretary, Ms S Sibisi. Mr SN Mtetwa, the House Chairperson, joined the delegation at the Dannhousser Municipality.
4. Overview of meetings and site visits
Day 1: 27 February 2011
4.1 Meeting with the MEC, provincial Department of Human Settlements and other stakeholders
Hon Dambuza, Chairperson of the Portfolio Committee on Human Settlements and the leader of the delegation, introduced the delegation provided an overview of the delegation’s expectations from the presentations. Amongst others, the delegation was interested in how effect is given to the priorities identified in the state-of–the-nation address, the newly-transferred sanitation function, the role of the private sector and traditional leadership in the province, as well as the possibility of a performance agreement between the MEC and Head of Department.
4.1.1 Presentation by MEC for Human Settlements and Public Works, Ms M Govender
The MEC made a presentation to the delegation on the following:
* The national Department of Human Settlements did not allocate funding for rural housing development.
* The province had restructured the awarding of contracts to a maximum of four contracts per developer. This was necessitated by past experience where contractors would be awarded up to 16 contracts. Contractors subsequently issued sub-contracts, which compromised the delivery of quality houses.
* The province was committed to rural development and would allocate about 60% of its budget in favour of rural communities. However, water remained a challenge. Each rural house constructed would be fitted with a Jojo tank to harvest water.
* Rural land was largely administered by the Ingonyama Trust, while urban land was privately owned. The province was engaging with the Ingonyama Trust, which had yielded positive results to date.
* The allocation of disaster funding was discontinued, and future disaster projects would be included in the conditional grant.
* Beneficiaries living in CRUs could only afford rental of R20 per month, since most residents are elderly and vulnerable.
* The province has since May 2009 not approved any projects not registered with the National Home Builders Registration Council (NHBRC). The lack of skilled personnel was hindering the delivery progress. Most senior members of staff were in acting positions, like the Chief Financial Officer, however, department was undertaking a process of developing a retention strategy and appoint permanent staff in strategic positions.
* Social housing showed good quality housing projects, but the challenge remained the collection of rent.
* The R1 million guarantee fund was not yielding results due to the failure of banks to co-operate.
* The province proposed that military veterans use the People’s Housing Process (PHP) model to construct their houses. To date, 5 000 serviced sites have been allocated in this regard.
* A successful CRU project was located in uMhlatuze.
The province was engaged in the following projects in an attempt to upscale delivery within the province:
* Ethekwini Metro: 55 000 units in (Cornubia project) and the project is the biggest spender in human settlements.
* Blaaubosch: in Newcastle with 2001 units. However, the project was faced with land claim challenges.
* Amajuba: 2500 units.
* Nyoni Greenfield in Mandeni: with 3 000 slabs land rezoning blocked.
* Vulindlela in uMsunduzi rural settlements ward 9: with 25 000 units
* Driefontein in KwaDukuza: with 15 000 units.
* Ntokozweni: 46 projects inspected and cost R26 million and was stopped due to inferior work and reappointed to rectify and do the same work.
* Refurbishment of transferred houses in Msunduzi.
4.1.2 Presentation by Head of Department (HOD) of Human Settlements, Ms Gumbi
The HOD presented a report on the status of the province as follows:
* The province was experiencing capacity challenges, especially in regard to rare skills such as project management, surveying and in other technical fields.
* The province has exceeded its targets in relation to informal settlement upgrading, serviced sites, affordable rental units, as well as supply of affordable housing finance.
* Access to land and densification remained a challenge. The province has the largest housing backlog, as well as the basic services infrastructure backlog.
* In line with Outcome 8 that seeks to create sustainable human settlements and improved quality of life (2009-2014), the province has committed itself to progress towards the national target.
* In regard to Outcome 8 targets the province stated in the provincial report that in cases such as the informal settlements upgrade, the target was 76 200 units but the province made a commitment in respect of 140 000 units. .In respect of serviced sites and transferred, the target was 28 000 units but the province made a commitment to achieve 40 820 units for the period 2009 to 2040. In respect of affordable rental units, the target was 15 240 units but the commitment was 38 168 units. In respect of the supply of affordable housing finance, the target was 114 300 but the commitment was 28 200 units but access to land and densification 1200 hectares. However, the land issue has been singled out as one of the challenges with which the province is grappling.
The Committee, however, wanted to verify the information provided in relation to Outcome 8 as the difference between the targets and commitments were confusing.
4.1.3 Progress report
Progress with and plans for rectification
An allocation of R120 million was received from the national budget for rectification. A service level agreement (SLA) has been signed by the national Department as well as the National Home Builders Registration Council (NHBRC), which will drive rectification programmes. The assessment of 45 projects had already commenced, but there were concerns regarding the high costs of these particular assessments and rectification which ran into billions of rand.
Informal settlements in the province
A total of 17 municipalities had informal settlements, which were plotted using a geographic information system (GIS). A strategy for the eradication of slums in the province was in place and needed to be rolled out in a co-coordinated manner to avoid a recurrence of these informal settlements.
Farm Worker Assistance Programme
The programme has not been significantly popularised by the Department, but there was a working relationship with the Department of Rural Development and Land Reform to approach the process holistically. This programme will form part of the rural housing delivery targets. However, the issue of land and bulk infrastructure remained a challenge.
To address the bulk infrastructure challenges, the Department resolved to install gutters and water tanks in all rural houses to be constructed. In municipalities where there was a general drought, Water Services Authority (WSA) would be required to transport water to households. In this regard, the NHBRC was tasked with designing models to ensure safe and hygienic processes.
People’s Housing Process (PHP)
A strategy was in place to drive rural housing, and the iNanda project could serve as a best practice example. It was acknowledged that PHP produced better housing products.
Hostel upgrade/ Community Residential Units (CRUs)
EThekwini continued to experience challenges in the upgrading of hostels due to poor maintenance, as well as legal disputes over ownership that remained unresolved between the two spheres of government. To address these challenges, the province proposed that all occupants move into low-cost housing and convert hostels into family units. Consideration was being given to alternative options aimed at reducing maintenance costs.
Projects constructed using alternative technologies
The Department was in the process of establishing an innovation hub to exhibit alternative building technologies. Various stakeholders have been engaged to assess their products. The Department was considering green and water conservation technologies. The NHBRC was assisting with the evaluation of the quality of these innovations.
Disaster Management
The rehabilitation of partially destroyed houses was being implemented through the voucher system, and those that had been completely destroyed were being rebuilt. A comprehensive database, verified with COGTA, has been compiled. Backlogs dating back as far as 2008 have been incorporated to ensure proper costing and planning. A panel has been established through the supply chain management process which will immediately respond to disasters and which will be extended to all districts by June 2011.
Blocked projects and plans to unblock them
Specific information was not provided on the number of blocked projects and the plans to unblock them. However, a total amount of R77.4 million would be required for bulk infrastructure services in all 11 district municipalities. When considering the land acquisition and finalising the environmental impact assessments (EIAs), an additional R122.7 million would be required. In total, an amount of R200 million would be required for both bulk infrastructure and land acquisition. It should be noted that the amount for bulk infrastructure and land acquisition in some districts had not been stipulated (e.g. Amajuba, iLembe, uMkhanyakude, uThukela, uThungulu, and uMgungundlovu).
Sanitation
The sanitation function has yet to be transferred from the national department to the province. This is linked to bulk infrastructure and services backlogs, which is part of Outcome 9’s outputs for COGTA. The department is awaiting a directive from the national department on the rollout of the programme and future targets.
Densification
Four new projects are anticipated, while the following projects will be enhanced:
* Cornubia in EThekwini – 55 500 units.
* Driefontein in Kwadukuza – 15 000 units.
* Vulindlela in uMsunduzi – 25 000 units.
* Blaaubosch – 25 000 units.
* Nyoni – Green field Mandeni – 3 000 units.
Opportunities and proposals
Top-sliced funding from the conditional grant to fund bulk infrastructure
A proposal was drafted which sought to motivate for the 10% top slice from the conditional grant to be allocated for bulk infrastructure. The proposal would also be pursued with National Treasury, the provincial treasury and the national Department of Human Settlements. This process will involve leveraging the municipal infrastructure grant (MIG) funding and crafting appropriate conditions for the grant.
Tripartite agreements
The provincial department has developed a system called “tripartite agreements” that seek to ensure proper co-ordination and co-operation between the three spheres of government. The municipality will only be limited to its planning mandate, while the province will appoint, monitor and manage implementing agents and ensure accountability. The national department will continue to provide a monitoring and supporting function.
Support provided by the NHBRC
The NHBRC has established close working relationships with the provincial department, and was continuously rethinking ways to reduce costs while fast-tracking delivery. The NHBRC assisted with unblocking projects that were stalled due to poor workmanship. It was committed to supporting and training emerging contractors, while also steering rectification programmes.
Establishing a Monitoring and Evaluation (M&E) Unit
The department was in the process of establishing an M&E unit to improve monitoring, intervention and evaluation mechanisms. The unit would also serve to strengthen the co-ordination of reporting across the three spheres of government. The unit was meant to come into operation during March 2011.
Challenges
Funding and allocation formula
While the housing development conditional grant increased exponentially, the equitable share of the provincial department remained unchanged. This has resulted in the department not being able to support its work and mandate because of the following:
* Cost-cutting measures hampered service delivery.
* Resources and tools of trade could not be accessed.
If challenges were experienced with the current funding formula, rural municipalities would continue to be disadvantaged in favour of bigger municipalities and the metropolitan municipality.
Land assembly funding
The funding intended for land restitution has been exhausted and unless the province obtained appropriate land for human settlements, delivery would be threatened. The ongoing competition for land between government and the private sector was also not assisting service delivery in the province.
Non-approval of proposals by the national Department of Human Settlements
This has been identified as a challenge for both bulk infrastructure and land acquisition, with the effect that the province is unable to achieve implementation of identified projects. It is further suggested that unless municipalities have adequate capacity to deliver bulk services in a structured manner, service delivery will be compromised. Further, the land expropriation court challenges add additional strain to the delivery momentum.
Lack of skilled and adequate staff
The provincial department is significantly under-capacitated, and seeks to attract highly skilled, knowledgeable and capable technical staff. The temporary nature of contract positions undermines the department’s ability to attract skilled personnel (lack of security). In this regard, the department intends to strategise, motivate and train existing staff.
4.1.4 Presentation by Mr Brook, Department of Cooperative Governance and Traditional Affairs (COGTA)
Status of infrastructure in the province
* There are 14 water services authorities in the province and sanitation forms part of the cycle. The progress towards adequate sanitation has been very slow and the province will not be able to meet the Millennium Development Goals (MDGs) in this regard.
* The total number of households amount to 2,6 million with 10,6 million people.
* The sanitation backlog in the province is 21%, which constitutes 527 000 households in need of adequate sanitation.
* The water backlog amounts to 394 000 households.
* The quality of tap water is good, with only 14% not at acceptable quality standards.
* Infrastructure development is costly due to the topography and dispersed rural settlements. It currently costs the province R18 000 per household to connect water pipes. However, the cost varies depending on the slope on which the house is situated. In some areas a water connection costs up to R42 000 per household.
* About 42% of water is not adequately treated, since treatment plants are decaying. The province spent more on water purification, and there was a need to invest and build more treatment plants.
Challenges faced by the programme include:
* Financial constraints (cost increased by almost 40% in three years and has affected budget allocations).
* Capacity (only 11 engineers are employed, and value for money has been compromised due to the appointment of consultants).
* Planning (lack of bulk infrastructure and dispersed settlement patterns).
There was no funding for infrastructure maintenance and services. Infrastructure planned for 15 years deteriorates in six to seven years. The bucket system was eradicated in 2007 and was completed in uMzimkhulu in 2009.
The Ugu District represented the highest water backlog (with 33% of households without water) while Uthungulu represented a 41% sanitation backlog - the highest number of households without sanitation. EThekwini had 18 traditional councils, including a high number of households that lacked adequate sanitation. This would pose a great challenge in years to come if sanitation and water were not adequately and urgently addressed. In addition, some Water Service Authorities lacked the capacity to run their own affairs, including the maintenance of treatment plants.
Deliberation and interaction on the presentation
Members of the delegation raised a number of concerns and questions following the presentations:
* Why a single contractor was awarded so many projects which could lead to failure in achieving its mandate?
* Clarity was sought on the number of houses that were completely destroyed by the by disasters.
* How far has the department gone in addressing disaster backlogs in the province?
* What support is provided by the department in ensuring that housing chapters which are developed through Integrated Development Plans (IDPs) processes are credible?
* What measures were adopted by the department to address contractors who performed poorly?
* The delegation further requested an explanation with regard to R200 million which was reallocated.
The delegation also requested further information on the following:
* The number of informal settlements upgraded in the past two financial years and the location of such settlements, including the current upgrading plans for 2011/12 financial year;
* The number of houses due for rectification and related costs, including monitoring mechanisms;
* The role played by the Housing Development Agency (HDA) in the acquisition of land;
* Reasons for the high vacancy rate as this might compromise service delivery;
* Reasons for the housing backlog in the province, including the number of blocked projects and reasons for such blockages;
* The number of households that benefited from the voucher scheme and the cost, criteria used and location of such beneficiaries;
* The extent of housing support provided to child-headed families.
4.1.5 Responses by the provincial department
* The current administration inherited the projects with challenges from the previous one. In an attempt to address this concern, a decision had been taken to reduce the number of projects allocated per contractor from 16 to four projects per contractor. However, a further challenge experienced by the department related to contractors operating under different names and thus being awarded multiple contracts in different municipalities. It was difficult for the department to trace such contractors.
* The department indicated that a team of service providers was appointed to conduct an assessment in all areas affected by disasters. The department undertook to make the report, which will indicate the number of houses partially destroyed and those that were completely destroyed, available to the Committee at a later stage.
* The department informed the delegation that the province’s disaster backlog dated back to 2008 and that those figures continued to increase as disasters continued to hit the province. More than R133 million had been allocated to deal with disasters.
* The department used shared services from COGTA and the national Department of Human Settlements in ensuring credible housing chapters.
* The department had commissioned the Special Investigating Unit (SIUs) to verify matters when issues relating to fraud and corruption were raised.
* It was indicated that this might have been due to the time frame within which the national Government expected the province to have spent the funds. The EIA was reported as one of the obstacles in the delivery of houses. However, some of the latter challenges had been resolved in February 2011.
Some of the delegation’s concerns and questions were not answered. The delegation requested the province to respond in writing by the end May 2011 to the following:
* Beneficiary list management;
* The number of houses due for rectification and related costs, including monitoring mechanisms;
* Reasons for the housing backlog in the province, including the number of blocked projects and reasons for such blockages;
* The number of households that benefited from the voucher scheme and the cost, criteria used and location of such beneficiaries;
* The extent of housing support provided to child-headed families.
Day 2: 28 February 2011
4.2 Meeting with the eThekwini Municipality
4.2.1 Overview of presentation
The municipality had a population of 4 million. It was 60% rural, 30% urban and 10% informal in its form. The current employment rate ranged between 18 – 24%. About 382 of the 500 informal settlements in the city of Durban had been identified for in-situ upgrading. The Urban Settlement Development Grant has been earmarked to deal with the issue of bulk infrastructure. A total of 171 shack settlements were upgraded and 417 remained to be upgraded. Approximately 20 000 families were set to be relocated.
The number of houses built per year had increased from 16 000 to 23 000. The estimated housing backlog was 379 000 houses, which included informal settlements, backyard shacks and traditional dwellings. Approximately 440 000 people were in need of accommodation in the city and 42 % of the population were living in inadequate housing. The municipality had provided 145 000 houses over a period of 10 years. Water was provided within a radius of 200 metres from where a family resided. Basic services stand pipes and ablution blocks were being rolled out. A total of R24 million had been set aside to pilot the installation of services in seven informal settlements in the city. Approximately 240 000 families were in need of water and sanitation in informal settlements. In relation to the Kennedy Road informal settlement (established in the early 1980s) there were about 3 000 shacks and the majority of the population was poor and could not afford rental accommodation where services would be required to be paid. Kennedy Road had developed along a dumping site and people were looking for food in this place, which posed potential health hazards.
There was continual migration to the city due to the infrastructure developments, such as the construction and upgrading of stadiums, ports and other related facilities that were used during the 2010 World Cup. The city contributed R300 million towards the provision of housing from its budget in addition to the R800 million annual budget allocation from the provincial government. Due to the terrain, the city was unable to upgrade the roads, specifically in the surrounding rural areas where the landscape was mountainous. During the period when the Inanda Dam was constructed, people were temporarily accommodated in tin houses. There were people who still continued to live in these tin houses, as they were used as temporary relocation areas (TRAs).
The city raised a concern about the very slow accreditation process as the city believed that it had the capacity to deliver. A total of 293 old houses were collapsing. These houses were built prior to 1994 and had been handed over to the beneficiaries. A process of densification in areas such as Phoenix was underway. A number of housing projects had been taking place around the city. These included Cornubia (one of the biggest projects), the Howard Road project (social housing project) and the Lamontville project (a hostel conversion). People had been promised by the department that renovations would be made. However, the subsequent policy reviewal had excluded rectification for houses allocated before 1994. The houses were in a dilapidated state.
Deliberations and interactions on the presentation
Members of the delegation raised a number of concerns and questions following the presentation:
* The delegation sought clarity on how the city was managing the beneficiary list.
* Clarity was sought on how the city was assisting poor people who were not able to pay rates and pay for services? An amount of approximately R1.5 billion was still outstanding from the province to be paid to the municipality. Furthermore, an amount of R150 million was returned for rectification by the national Department of Human Settlements.
* What were the plans to eradicate informal settlements?
Response by the city
The city responded as follows:
* The Extended Public Works Programme had benefited a large number of small contractors in the construction sector, for example the construction of a dam costing R1.2 billion.
* On the question of whether the municipality had housing co-operatives, it was mentioned that co-operatives were in place and were piloted in the past 10 years. These were mainly located in the parks and recreation sites.
* The city had an indigent policy in place. Households with a property valued at less than R190 000 were exempted from paying municipal tariffs. Such families received free basic water and prepaid electricity meter boxes were installed in each household. The city did not have an influx control policy to regulate the movement of people moving into and out of the city.
* The eradication of informal settlements was the main focus of the municipality despite the fact that they were growing rapidly. The Cornubia project was a preferred site for the relocation of people who would be provided with low-cost housing during the slum clearance.
The delegation requested the city to forward the outstanding report on the beneficiary list management.
Presentation on the Cornubia Project
Cornubia was regarded as KwaZulu-Natal’s first integrated sustainable human settlement. It formed part of the eThekwini Municipality’s slum clearance programme that would promote higher densities, with a focus on work, play and live. The project would use housing as a catalyst for sustainable economic growth and accelerate housing delivery and improve the quality of housing products and environments to ensure asset creation. Housing had been indicated as an instrument for the development of sustainable human settlements in support of spatial restructuring. Cornubia was a strategic land holding situated within the northern corridor of Durban. It represented a public-private partnership between the city and Tongaat Hulett.
It was envisaged that the project would accommodate more than 50 000 units and house 200 000 people. It is also envisaged that there would be 15 000 units to cater for households earning less than R3 500 per month and 7 000 to 10 000 units for households earning between R3 500 and R15 000 per month (gap market). The estimated project value was R25 billion. During phase 1 of the project, 500 government subsidy units would be constructed to unlock the wedge of the development in duplex style. The project was expected to create 43 000 new permanent jobs and 140 000 to 280 000 construction jobs sustained over a 15 to 20 year period. A total private sector investment of approximately R17 billion was also envisaged.
Key challenges included the funding of bulk infrastructure at a total cost of R2.59 billion. Subsidised units (15 000) amounted to R2.3 billion and non-subsidised ones to R2 billion. In addressing this challenge, an intergovernmental relations (IGR) forum had been established within the housing development sector. IGR protocols met on a monthly basis.
4.3 Site visit to Cato Crest
The project which formed part of the Slums Clearance Programme comprised in-situ upgrading. This project was inherited by the eThekwini Municipality from the Cato Manor Development Association in 2004. The project had been conditionally approved upon the municipality submitting a relocation plan of beneficiaries that would not be accommodated within the project. The department subsequently withdrew the approval due to the municipality’s failure to provide the relocation plan.
The delegation was informed that there were approximately 4 500 shacks in the area and approximately 20 families had been relocated to a transitional camp. The original site had 1 500 sites according to the town plan layout. The process of densification had begun and the department had built double-storey houses due to insufficient space. The building of double-storey houses was costly as each house needed an additional amount of R20 000 because of the decking that had to be fitted between the lower and upper floors. One hundred and eighty double-storey houses were built. A challenge was experienced with the subsidy amount that had not changed. Communities were co-operative even though the rate of delivery was slow.
The ward councilor informed the delegation that a challenge was experienced with backyard dwellers that could not be properly quantified, as their number continued to fluctuate. There were people in the gap market, such as nurses and teachers, who were not accommodated in the low-cost housing programmes. Therefore, there was a need to disburse R1 billion that had been set aside to serve as a guarantee to banks when people from the gap market applied for home loans. The councilor also stated that it would be appreciated if the employers could play a meaningful role in assisting their employees to access housing finance.
4.4 Site visit to transitional camp with mobile ablution facilities
The transition camp was established in 2003. Families in the camp were temporarily accommodated from various areas, and the camp currently hosted 600 families. Some families were relocated due to construction of their houses and others due to unsafe living conditions in their informal settlements. The camp accommodated people only for an 18-month period, but some people had been there for over three years. There was no electricity installed at the camp. Ablution facilities were available and in good condition. The units were constructed from corrugated iron, which was very hot in summer and very cold in winter. An amount of R7.5 million was set aside for cleaning of ablution facilities and cutting of grass.
The delegation visited one of the units, where an old man had been staying for more than three years. There were no windows; the room was extremely hot and dark. The occupant indicated that in 2008 he was promised that windows would be inserted. However, this did not materialise. The ward councilor informed the delegation that the room used to be a storeroom. For this reason, it did not have windows.
The residents alleged that there were rats and wild pigs that were biting infants and destroying their groceries. This was due to garbage that was all over the area. The garbage was not collected regularly, the place was dirty and the grass was very long.
The delegation cautioned the municipality to seriously consider the lives of the people. The restoration of the people’s dignity was very important. The municipality was requested to urgently install windows, address the issue of the wild pigs and clear the area of long grass.
4.5 Site visit to Howell Heights – Social Housing Ward 25
The project was spear-headed by First Metro Housing Company, which was the first social housing company in the city of Durban. The company was involved in the development and management of social housing in the eThekwini (Durban) metropolitan region of South Africa. The company’s primary purpose was the development of quality, affordable residential property for low to middle-income households. The company was established on 2 December 1998 as an independent section 21 company (non-profit organisation) and was managed by a board of directors. The organisation was initiated by the eThekwini Municipality out of the twin city relationship with the city of Rotterdam.
The entire project had 261 units. The first metro houses constructed were 48 units, with two bedrooms. The project accommodated people earning up to R3 500. An amount of R125 000 per unit was received from the national department and R53 000 from the province. Similar projects were replicated in other areas in the province. Applicants were screened upfront, and the company conducted its own rent collection.
4.6 Site visit to Kennedy Road informal settlements
Kennedy Road informal settlement had been established during the early 1980s as a transit camp, with approximately 3 000 shacks. This number later increased to 9 000. The majority of the population was poor and could not afford rental accommodation where services had to be paid for. Kennedy Road had developed along a dumping site, and people were picking up food from the site which posed a potential health hazard.
The area was in the process of being densified and planning was due for completion within two months. Communities in the area were classified according to their needs, and it was confirmed that approximately 90% of the population was unemployed. About 577 families would be relocated to the Cornubia project once it had been completed. The issue of the beneficiary list still had to be addressed by the municipality.
4.7 Site visit to KwaMashu hostel upgrading
The project has 916 flats, each measuring 60 square metres in size. The flats contained two, three or four bedrooms, and those people who are sharing a flat were paying R58.70 for a bed, while families were paying R370 towards rental. It was stated that the community residential units (CRUs) used to be under the administration of the province, but were later transferred to the municipality in 2007.
Challenges encountered in the project:
* Lack of a maintenance budget.
* Street lights were connected, but were not functioning.
* Water pipes had burst and water had been running uncontrolled. There was a need to replenish the old pipes in order to stop the water from running in order to reduce waste.
* Drains were blocked and during rainy days water flowed into houses.
* One of the houses had damp on the walls, which was due to the leakage from the house above.
* The grass along the edge of the storm water drainage was long and needed to be cut to allow water to flow.
The delegation advised the municipality to cut the grass in the area.
4.8 Site visit to eMtshebeni project (Inanda)
The project comprised 604 units. People started to move into the houses during July 2010. Each house had two bedrooms, a toilet and a shower, but was without a washing basin. The delegation was informed that the solar heating system would be implemented in the near future. The municipality was advised to assist with the installation of basins in bathrooms.
A section 21 project was constructed adjacent to this project, where 16 square metre-sized houses were built. This particular project required rectification. The community raised concerns that the houses were too small to accommodate large families. The ward councilor also confirmed that the living conditions were unacceptable. The municipal management advised the delegation that the project was also identified for rectification.
4.9 Site visit to Namibia stop 8 project: A People’s Housing Process (PHP)
The project was part of the pilot projects funded by the province and had been identified for implementation under a Memorandum of Understanding (MOU) signed between the national Department of Human Settlements and a non-governmental organisation (NGO) called the Federation for Urban and the Poor (Fedup). Fedup looked after the interests of unemployed communities, as well as people who did not have proper housing. It was indicated that 96 sites had been set aside to be developed by Fedup of Utshani through PHP as a pledged subsidy. Utshani would build houses of 50 square metres on its sites. It was reported that 30 houses were completed out of the envisaged 96. The delegation was informed that members belonging to Fedup used their savings to enhance the subsidy amount provided by the government towards a PHP house.
4.10 Meeting with leaders of Abahlali baseMjondolo (two groups)
The uMfeladawonye wa bahlali baseMjondolo briefed the delegation about a range of issues that had been taking place in their organisation. Mr Patric Magebula, President of Fedup, indicated that the organisation was established during the period when the late Minister of Housing, Hon Joe Slovo, had still been in office. Fedup had committee representatives throughout the nine provinces. It was stated that provincial governments gave funding towards the development of housing projects, while the Free-State and KwaZulu-Natal provided upfront subsidies for houses that were administered by Fedup. However, other provinces (North West and Mpumalanga) required that Fedup construct houses before the subsidies were released. This has proven to be a challenge as Fedup was a non-profit organisation. However, the key characteristic of the organisation was to save (ie a saving scheme for building houses).
Furthermore, there had been a lack of policy shift, which demonstrated that people were still struggling to access proper housing. During the tenure of Minister Mahanyele, the former Minister of Housing, the organisation was institutionalised and turned into a section 10 housing project. Fedup started to build 10 houses in 2004. The organisation was given a R10 million revolving loan fund, and uTshani fund was established. Almost 16 000 houses were built by the Federation under uTshani nationally through co-operatives.
Fedup as an organisation trained and built its own capacity by training people and giving them skills in construction. However, the period for houses to be built took a little bit longer and in the process one would find that project members were always mobile as people were always looking for jobs. This made it difficult to retain skilled members and hindered progress. There had been complaints that the Cornubia project was not communicated. Fedup would have liked to become part of this big project by being given the sites on the green field for their housing developments. The challenge was that some councillors did not believe in the PHP. There were no sites set aside nor serviced land available for the organisation. Technical assistance was provided by Government. Fedup was also engaged in other social activities such as indentifying people who did not have identity documents and enabling them to receive tenure.
Deliberations
The delegation enquired whether Fedup was a registered construction company, how it generated income, and whether there were stipulated criteria for people to join. On the issue of land ownership, the delegation wanted to understand who the landowners were and how the organisation accessed land. The issue of accountability, especially in relation to finances, was also raised.
Fedup informed the delegation that to generate a sustainable income for the organisation, it planned to develop the recycling of refuse material. Members also contributed towards the monthly savings. Fedup had not been registered as a construction company but the uTshani fund was registered as a section 21 company. The organisation also received international donor funding.
With regard to the structure of the organisation, the uTshani board consisted of the President (Mr Magebula), a Secretary based in the Free-State province, and two committee members in each province.
The presentation by Mrs Nxumalo from kwaSiyanda informal settlement claimed that the community had been residing in the area for 22 years. During the construction of the MR 577 road, people were removed to create space for the construction of the road. There was a concern that road construction led to a situation where many people were forcibly removed from their shacks. People joined the aBahlali baseMjondolo in 2009. These were people who had been unemployed and who had little or no source of income. The area did not have proper services (lighting, water and sanitation and access roads) but eventually the municipality started interacting with the community. This interaction had since ceased. There were 614 families in the informal settlement. Mrs Nxumalo pleaded with government to assist them. The municipality had started the discussion on upgrading the informal settlement, but this was suddenly stopped. The community was trying to engage with province to chart a way forward.
The community raised concerns that there was neither water nor access to roads. Children had to cross the MR 577, and this could pose a danger to them. The municipality promised people land, which was later sold to a private buyer. There were four informal settlements that had been planned for piloting, but this did not materialise. It was reported that there are also transit camps in the area that were being misused.
The community observed that government perceived them as the opposition, and yet they needed assistance with service delivery. There was no consistency in delegating officials to work closely with the community. It was stated that officials continually changed. At some stage the community would be informed that the officials had resigned, which resulted in progress being compromised. Councillors convened meetings as political gatherings. The community later discovered that issues discussed in such meetings were addressing issues of development. NGOs and faith-based organisations (FBOs) were perceived as organisations that were taking over the duties of government officials when the intention was to assist with community development.
The community suggested that people should be involved in the initial stages of developments that took place in the community. They also indicated that they found it difficult to secure meetings with the municipality. However, the province had begun a process to interact with communities involved, which was led by Mr E Cele who confirmed that the matter was being addressed. Mrs Nxumalo informed the delegation that the effort undertaken by the province gave hope and encouragement that their frustrations could be addressed.
The delegation emphasised the importance of community participation in its developments. Self-build was also part of the option that the department should consider. It was also important for government to honour commitments made to people to limit unrest. The delegation confirmed that it understood the challenges faced by the community. The delegation thanked the community representatives and advised them that the Committee would communicate their report to the province and would receive the feedback from the provincial department.
Day 3: 1 March 2011
4.11 Sisonke District Municipality – Ixopo
The following overview was provided:
Sisonke District Municipality comprised five municipalities in the district, namely Ubuhlebezwe, Ingwe, greater Kokstad, uMzimkhulu and kwaSani. The area is 70% rural, 20% urban and 10% farming and informal settlements, which placed challenges on its development. The majority of the houses were of poor quality and some were collapsing. The municipality’s intention was not only to provide low-cost houses, but middle-income housing was also critical to accommodate middle-income earners who do not necessarily reside within Ixopo, but who resided and worked within the entire jurisdiction of the Sisonke District Municipality.
The municipality was of the view that housing and bulk infrastructure should be aligned. There was a concern about poor planning, such as the poor alignment of housing plans within the district. Land acquisition in Ixopo was a major challenge and was limiting potential investment. In Sisonke landowners were reluctant to release land. There was also a shortage of skilled personnel in the area.
Umzimkhulu Municipality
The municipality has a sanitation backlog of 25 000 toilets, of which 4 000 had been built in 2008. The next phase would be implemented in the following financial year. The municipality was at high risk of floods and disasters. The district inherited two major housing projects from the Eastern Cape that had challenges in respect of bulk infrastructure, ie Ibisi and Riverside. The latter had been blocked. The municipality also inherited 59 collapsed water schemes from Alfred Nzo District Municipality, which required rehabilitation.
Ubuhlebezwe Municipality
The municipal manager indicated that the municipality had a backlog of 9 000 toilets in rural areas that required funding in the amount of R58 million. Thubalethu village was experiencing challenges related to water and sanitation. Mariathal experienced challenges related to water. Land had been donated by the Roman Catholic Church for housing development but it had water challenges. Mziki Agri village, the water project, was planned incorrectly.
Mahehle Housing Project
The Mahehle Housing Project was located in the Ubuhlebezwe Municipality. The project was initiated by a group young people in the area during the period prior to the 1994 national democratic elections - during period of political instability. Following the death of 16 young people as result of instability during the election campaign in the area, the community had an opportunity to interact with the former President Mandela on concerns around issues of service delivery in the area. These issues included the lack of water supply, electricity, better quality of housing and job creation.
During the start of the project, land availability for housing development was a challenge. However, negotiations were initiated between the municipality and landowners. The major breakthrough was made when Mr Dlamini agreed to avail his land for the project.
However, there were additional delays before the project could be kick-started, including the introduction of wall-to-wall municipalities in 2000 and the limited capacity of newly-elected councillors. The project also had to be implemented within the legislated framework of the Development Facilitation Act. As a result all these factors, including the lack of political will, led to the delay of the project, which only commenced in 2004. The construction of phase 1, comprising 500 units, started in September 2005 and has since progressed very well.
The Mahehle project delivers 1 500 square metre stands with a 45 square metre top structure, with additional 15 square metre floor slab (to be completed by households themselves) to make the complete foundation floor slab 60 square metres. This was done to encourage the PHP initiative. The roof construction was designed in a manner that allowed the extension into the 15 square metre area and made it very easy should the owner wanted a complete 60 square metre house. Each site was serviced with road access, metered water supply, and a VIP toilet. The project has been prioritised for the Local Electrification Plan. The Committee would follow up on the figures presented by the municipality on the delivery of stands.
The project has delivered the following to date:
* 265 slabs;
* 148 wall plates;
* 102 completed houses that had been handed over;
* 150 completed toilets;.
* In terms of the civil engineering infrastructure construction, the work was almost 95% complete with the total length of road being 5,24km and the total length of bulk water line being 9,4km.
Employment opportunities and economic empowerment for the community
To date, 491 community members had been directly employed. The labour pool was being rotated on a 13-week basis to enable people to be exposed to work opportunities and enhancement of their skills. The wage bill was currently R2.5 million. The workforce comprised 130 women, 150 men and 150 youth. Persons with disabilities also formed part of the project.
The people’s entrepreneurial talents have been unearthed by the project, with one reported case of a Mr Khumalo who owned a close corporation, MC Construction. The company manufactured the VIP toilets and supplied the sites. More than 200 toilets have already been supplied and the company employed six people on a full-time basis.
The project manufactured its own concrete blocks from the block yard established by the implementing agent, Net Project CC, which was an in-house supplier. A total of 24 well-trained individuals produced a minimum of 2 400 blocks daily. The block yard ownership was earmarked for transfer to the community once phase 1 (500 units) of the project had been finalised. The municipality has since secured the commitment from the implementing agent that phase 2 of the project would be supplied by the same block yard, even after ownership has been transferred to the community.
KwaSani Municipality
In Underberg an amount of R120 million was needed to eradicate the sanitation backlog. An additional R20 million was needed for a small treatment plant. The theft of livestock was a challenge. In Gqumeni, the sanitation backlog required R5 million.
Ingwe Municipality
The municipality had a backlog of 15 000 toilets, however 5 000 units have been delivered to date. In Bulwer a project plan to construct a dam was in progress, while Tarsevalley and Donny Brook experienced challenges in terms of water and electricity.
Greater Kokstad
Infrastructure was collapsing due to population growth in the town. Farmers continued to evict farm workers, and almost 40 000 workers had been evicted to date. The situation placed more strain on the municipality as these communities were vulnerable. Some workers had been recruited by farmers from neighbouring countries. Therefore, the municipality found itself under pressure to provide shelter, of which resources are very limited.
Makhoba was a farm area with 15 to 20 farms and situated on communal land. There was a settled land claim, but the Agri-village development plan had been delayed due to bulk infrastructure approval. A business plan had been approved but funding from the municipal infrastructure grant (MIG) was awaited. The amount of R25 million was approved by the Department of Water Affairs (DWAF) to start a water project by April 2011.
In Franklin, land had been offered by Transnet for the slum clearance programme. The process of transferring ownership to the district was currently underway. There was also the challenge of farmers who destroyed graves. It was reported that the Department of Rural Development and Land Reform was not providing assistance in this regard.
Deliberations
The delegation required clarity on:
* whether any of the projects were initiated by the previous municipal administration;
* time frames for projects to be completed;
* the status of the presidential project that was started in 1996 in Mahehle.
Concerns were raised about the housing backlog in the district, projects due for rectification, the settlement of land claims, social housing, the upgrading of informal settlements, job creation initiatives, land acquisition and the role of the Housing Development Agency (HDA).
It was reported that the annual capital budget was R220 million, funded primarily through the conditional grant and equitable share. Kokstad Municipality had also applied for a R13 million loan from the Development Bank of Southern Africa for upgrading of Kokstad’s infrastructure. The interaction with the HDA has not yet been effected. With regard to social housing, it was reported that state-owned land was not available. However, urban regeneration plans were in place. The Riverside phase 1 was a blocked project and the NHBRC had been appointed to assess the houses. Umzikhulu phases 5 and 6 were being implemented. Both projects were due for completion early in 2012/13. All other projects in the area were not able to proceed to implementation or resuscitation due to challenge with land availability and bulk services.
The challenge with water was that water resources developments were limited, and the present government had not built dams in the area. In terms of job creation, all projects were labour intensive. When awarding contracts, there was a clause which catered for job creation and utilisation of small contractors through sanitation projects. Small contractors also played a role in the maintenance of small schemes and were supported by established contractors.
4.12 Presentation by Development Bank of Southern Africa (DBSA)
The DBSA was invited by the municipality to make a presentation on progress and initiatives in collaboration with the Sisonke municipality. It was reported that there were two types of funding, ie loans and development funding. Since the DBSA did not pay tax, it did not charge any interest on its loans. There were two divisions: (i) Sustainable Community Division which dealt with community facilitation and (ii) Rural Development – this programme involved communities to participate in the development and planning stages. The DBSA also funded planning and facilitation. In terms of the cycle, development was characterised by the involvement of various stakeholders which finally promoted and enhanced Integrated Development Plans (IDPs). The DBSA had introduced a number of programmes for municipalities by employing specialists.
The DBSA had been involved in housing development programmes, such as in Grabouw in the (Western Cape) and Elliotdale rural housing where 50 housing units were built using the concept of integrated human settlements. In the Kokstad municipality, the informal settlements continued to spiral out of control, and there had been a motivation for the municipality to pilot a project to eradicate informal settlements.
Key challenges
The following key challenges were mentioned:
• Frustration was experienced at national government level due to the fact that clear objectives, legislation and sound policies had been developed and significant financial resources had been made available, but were not adequately utilised by municipalities.
• Inadequate level of involvement by and expertise of public and private institutions in developing and implementing models for integrated sustainable development.
• Facilitating integrated interaction with key government departments and agencies through concrete partnership projects.
• The increased competition for development finance and the need for the DBSA to carve its niche within that space very early during project development and create a comparative advantage.
Deliberations and comments
The delegation emphasised the critical element of integrated planning which involved the provision of social and economic amenities. To address the issue of water shortages, water harvesting was regarded as crucial. The Mahehle housing project required urgent attention. The availability of land was not only a problem in Sisonke. However, it was time to effect the Expropriation Act in order for government to fast-track development to its citizens. While there was legislation that protected workers, farmers continued to evict workers from their land and destroy ancestral graves for purposes of commercial farming. Such acts demonstrated disrespect for these farming communities.
The delegation indicated that it would request the Portfolio Committee on Human Settlements to interact with the Portfolio Committee on Rural Development and Land Reform to further investigate the issue in Kokstad.
It was reported that the DBSA seconded officials to municipalities to assist in addressing issues of incapacity. The delegation was concerned about the limited information provided by the district as it was only focusing on bulk infrastructure and projects that were currently not active. The delegation, therefore, required an overall picture of all current and active projects, including the number of upgraded informal settlements and those due for upgrading, as well as projects due for rectification.
4.13 Site visit to Riverside
The project was initiated in 1997, with the aim of constructing 2 000 units. During this period, the housing subsidy was R16 000 per unit. A total of 1 000 units were to be constructed in two phases. However, in 2006, the project became blocked due to a lack of funds. To date, a total of 270 units have constructed, of which 30 are not suitable for habitation. In the past, a number of residents were employed at a nearby timber factory, which has since closed down. A considerable number of people have since left the community. This required that the beneficiary list had to be revisited to identify the actual number of people who were in need of housing in the community.
It was reported that despite several attempts by the KwaZulu-Natal provincial department to access documentation from the Eastern Cape province, it did not yield positive results. Currently, the KwaZulu-Natal department remained unaware of who the project developer was. A service provider was appointed to conduct rectification, but the NHBRC had to be consulted first in order to assess the extent of the damage. Most of the houses would have to be demolished and 378 families would have to be relocated. While the beneficiary list was available, it required updating.
4.14 Site visit to Clysdale project (PHP)
In 2005, approval was granted for the construction of 900 units. These units would be developed as a PHP initiative. Units were 40 square metres in size and included two bedrooms and space for a toilet, but the toilet bowl and doors were not installed. It was observed that units were poorly constructed and the majority of units were without sanitation facilities. In some instances, occupants installed their own sanitation facilities, which are inadequate. The delegation raised a concern about the absence of doors leading to bedrooms, which ultimately compromised the occupants’ sense of privacy.
The province informed the delegation that the NHBRC had conducted an assessment of 608 units, of which 529 houses would be demolished. The provincial department confirmed that houses that would be demolished would be reconstructed according to the current housing specification of 40 square metres.
The township register was established and about 529 transfers had been registered with the Registrar of Deeds. More than 200 sites had been affected by land invasions and in some instances a single beneficiary had invaded up to five or more sites.
4.15 Ibisi Project
The delegation did not visit the project as it was informed that the Ibisi project had similar challenges as those identified in Clysdale and had been earmarked for rectification. The project started in 2004 with the construction of 636 units. The units were 40 square metres in size. A sewer system was not installed, and the project was blocked during March 2007. In order to install the sewer system, as well as house connections, the district municipality should first attend to upgrading the existing bulk sewer line, which had collapsed.
To date, none of the sites have been transferred to beneficiaries, since the location of the Eskom power line servitude that run across the farm prohibited the individual transfer of the sites from the province to the beneficiaries. The town register was not yet opened.
Day 4: 2 March 2011
4.16 uMgungundlovu District Municipality
Overview of presentation
The Umgungundlovu District Municipality comprised seven local municipalities, namely Msunduzi, uMshwathi, uMngeni, Mooi Mpofana, Impendle and Richmond. The municipality’s total population was close to a million.
An overview of projects was provided. There were considerable delays in the implementation of projects, at times for periods exceeding 10 years. The following projects were currently being implemented in the district:
* Impendle village consisted of 500 units. However, it required bulk water and sewerage upgrades. The budget for the project was R11.5 million. Once the record of decision (ROD) was finalised, the Planning and Development Act (PDA) application would be lodged with the municipality. The estimated costs for bulk infrastructure had been submitted to the district.
* Mpofana (Craigiebum) consisted of 850 units. It required a bulk sewerage treatment plant with an estimated budget of R5.5 million. An implementing agent was currently attending to the ROD and PDA application. Cost estimates for bulk water supply, rising mains, treatment works, and a storage reservoir amounted to R26 million.
* Vrystaad Farm consisted of 100 units. It required the installation of a sewerage pump station (estimated at R4.5 million) and a storm water system (estimated at R3 million). The project received stage one approval on 18 February 2010. The implementing agent was exempted from a full environmental impact assessment (EIA) and was attending to the PDA application for verification.
* Sierra Ranch/Ekujabulani required pump rising storage (estimated at R2 million) and a water purification plant (estimated at R5 million). The project had received stage 1 approval. The implementing agent was in the planning process, the EIA public hearings had already taken place, and the PDA application was being packaged. The project was a public/private initiative with an integrated development approach.
* uMshwathi (Dalton/Cool Air) consisted of 437 units. An outfall sewer connection was required, since the existing sewage system did not have adequate capacity. The cost implication was about R1 million. The Less Formal Township Establishment Act (LFTEA) application had been submitted to COGTA during August 2010. The municipality was awaiting approval for services and the construction of the units.
* The uMshwathi Slums Clearance project consisted of 3 000 units. The first phase required the installation of bulk services and the construction of sewer pump stations and sewerage works (estimated at R20 million). The bulk link pump station and storage reservoir required R5.5 million, while funding for the taxi route was estimated at R15 million. The general status of the uMshwathi project was at the feasibility stage. This initiative would address the clearing of the slums within the municipality. The EIA public participation process had been undertaken, while the application for the ROD was in the process of being drafted.
* Richmond (Zwelethu) consisted of 120 units. The project required bulk services which included reservoir upgrading, a pump house and a rising main (estimated at R2.5 million). The status of the project was that the installation of services had been completed and the certificate in this regard had been issued. A confirmation letter for JoJo tanks was still awaited, while an application for top structures would be submitted to the Department of Human Settlements.
* Amanda’s Hill consisted of 40 units. The project required bulk water estimated at R2 million.
* St Bernard consisted of 360 units. The project required bulk water estimated at R4 million. Stedone was appointed as the implementing agent and was in the process of planning.
* Mkhambathini (Poortjie) consisted of 481 units. The project required bulk water and a sewer upgrade estimated at R10.7 million. The MEC had approved the expropriation of land, but it was subjected to a legal challenge by the owner. Feasibility studies were in the process of being conducted.
Stockdale consisted of 250 units. The project required bulk water and a sewerage upgrade estimated at R6.6 million. The acquisition of the Stockdale project land was transferred by the Department of Rural Development and Land Reform to Mkhambathi municipality and was awaiting approval.
* Ward 7 Premier Flagship programme. A planned 25 000 housing units would be constructed over the next five years, starting in 2011/12. The project required bulk water supply, as well as ventilation improved pit (VIP) toilets for the area. The cost implication for the project had yet to be finalised.
* Umngeni (Khayelisha) consisted of 1 575 units. The project required an upgrade of the Mphophomeni sewerage works in order to accommodate phases 2 and 3 of the project. DFA Tribunal made part of the ROD for only phase 1 to proceed. Phase 2 and phase 3 were intended for an upgrade. The entire project required R40 million. The project site was assigned to the contractor on 19 January 2011 and the civil infrastructure construction was currently in progress.
* Sewer pump station: the site required R4.5 million.
* Bulk storm water and pump station: the project required R3.5 million.
* Cedara consisted of 1 000 units. The reservoir needed to be constructed and was estimated at R2.5 million. The link main required R4 million and the upgrade of sewer treatment works required R5.2 million. The status of the project was at the planning stage. The implementing agent was awaiting the ROD. The DFA had given an in- principle approval, subject to the ROD approval and the resolution of the outstanding issue of the access road.
* KwaNxamalala: VIP toilets were required for the Nxamalala or Inanda area. The cost associated with the VIP toilets would be determined in accordance with the norms and standards of the Department of Water Affairs and Forestry (DWAF). The project had received stage 1 approval. Planning activities were underway.
4.17 Msunduzi Municipality
Since 1996, the Msunduzi Municipality had delivered approximately 25 000 housing units and upgraded 12 500 properties to free-hold title in Edendale. The municipality transferred considerable hectares of state-owned land for housing development. It was embarking on a large land acquisition programme of privately-owned land for housing in the following areas: Dambuza, Machibisa, Caluza and the greater Edendale. In its delivery, Msunduzi had encountered many challenges and delivery targets were subsequently compromised. Between 2006 and 2010, the municipality delivered 17 523 sites and 5 769 units.
Breaking New Ground (BNG) projects currently planned included 6 423 sites. There were also 3 2000 flagship projects and an additional 7 500 rental and private units. A total of R43.3 million, however, remained unspent for various reasons. The application for 2 500 units has been submitted for conditional approval. A total of 1 000 units was submitted to the Department of Human Settlements in November 2009, but the project did not appear in the Medium Term Expenditure Framework (MTEF). A further 1 923 units were awaiting EIA approval, while 1 000 had received a response on conditional funding and another 1 000 had been planned for the future.
The municipality managed a total of 32 000 flagship projects, which included a rural housing project in Vulindlela (amounting to 25 000 units). The application was submitted to the Department of Human Settlements in June 2010.
A total of 7 500 sites were planned for rental and private accommodation, of which 5 000 were planned as future projects. About 1 500 sites were reported to be administered by the Municipal Housing Association (MHA) for rental housing projects. The remaining 1 000 sites located in the central business district (CBD) were currently under discussion.
Unspent funding as at 30 June 2010 constituted approximately R43.4 million, which accounted for 16 projects. The projected completion date of the projects was between 2011 and 2014.
The following challenges were identified:
* Lack of co-ordination between the Department of Human Settlements and the municipality.
* No responses on rectification projects, particularly in the Wire-Wall projects.
* The reports prepared by the NHBRC on rectification projects were not available to the municipality. No consultation took place on the role of the municipality and the deadlines for projects.
* The Housing Demand Database was driven by the Department of Human Settlements, while provincial database had been superseded by the national database. The municipality is waiting on the Department of Human Settlements to provide access to the database for evaluation. Access was necessary for registering people with housing needs.
* Informal settlements were in most cases located on land that was not suitable for development, and maintaining a database for people residing in these settlements has proven to be a challenge. Settlements were densely populated and if upgraded, the land could not accommodate the entire community. Some of the people would require relocation.
* Beneficiaries residing on the land intended for development were refusing to move.
* Illegal occupation of houses.
* Unavailability of beneficiaries during the time of allocation.
Deliberations
In response to concerns raised about the number of blocked projects, rectification, poor spending and inadequate co-ordination between the province, district and the local municipality, it was indicated that the presentation by the municipality was not a true reflection of the situation. For example on the issue of non-cooperation by the province, it was indicated that most of the projects were approved. However, it was discovered that those projects were not incorporated in the IDP. Meetings with the Umsunduzi municipality were held monthly to deal with issues of legislative requirements, etc. Unspent funding affected about 54 municipalities and the province was in the process of consulting with each one individually. The unspent funds needed to be transferred to areas in need of funding.
4.18 Site visit to Imbali 1 – Ward 19
The site previously served as a hostel, accommodating males working in nearby factories. Hostels were dilapidated, and people were moved in without any measure of control. There was a lack of information in respect of who occupied which unit and where monthly rent payments were made. There was some concern about unemployed people occupying the hostels.
The delegation visited a unit occupied by a woman who was critically ill and bedridden. The unit she occupied was previously utilised as an office, but she was accommodated by a sympathetic councillor. The occupant indicated that she had been living the unit, together with her nine children, for a period of nine years.
The delegation observed that the family was socially vulnerable. As such, the occupant required support from health and social service practitioners. Home-based care workers should be assisting in this regard. The provincial department committed itself to interact with the municipality to find adequate shelter for the family as a matter of priority.
The delegation also encountered a group of residents who raised grievances about the hostel units they were currently occupying. The units’ function changed from single male shelter into family occupancy. Some people were given title deeds, but another person would come along to claim ownership and force the family to vacate the unit.
Another resident indicated that his father used to live in one of the houses for more than 20 years, but people came with a gun and forced his family to evacuate the house. Some houses were illegally sold without even notifying the occupants of such sale. The price paid for some units amounted to approximately R55 000. Occupants reported paying rent of R7.50 per person per bed, and furnished the delegation with receipts as proof of payment. Copies of these receipts would be made by Dr Bheki Shabane from the provincial department, while original documents are to be returned to the owners. The provincial department was further requested to safeguard copies of receipts for further enquiries.
The delegation was dismayed by the selling of such dilapidated units and recommended that the Special Investigating Unit conduct an investigation into this issue.
4.19 Site visit to Imbali Unit 13 - phase 4
The project started in 1997 as a flood relief programme. There were 450 double-storey units, and four families were accommodated per block. The original project was a wire-wall project, but was phased out due to a number of challenges. The project experienced financial constraints and was refinanced in December 2010.
While the delegation was informed that the completion of the project was due on 31 March 2011, it was evident during the site visit that there was no contractor on site and structures were left incomplete. The community indicated that the site office was closed during October 2010 after the contractor (Amawela) left. The delegation was not furnished with an adequate explanation for the closure of the site office. Residents were relocated to transit camps constructed by Amawela. However, the transit camps were vandalised, which left many families with no alternative than to illegally occupy the partially finished units. It was alleged that the contractor was not paid and that this had resulted in the project being abandoned.
The delegation requested a comprehensive report from the provincial department, detailing what happened with this project and why the contractor was not paid.
4.20 Meeting with the Registrar of Deeds
The Registrar of Deeds formed part of the Department of Rural Development and Land Reform. The Office’s function was to maintain a public register of land, preserve all the records and provide information to the public. The duties of the Office were derived from the Deeds Registrar Act (No. 47 of 1937). The Registrar of Deeds used a land registration system known as Casadral, which entailed the identification of land parcels and the registration of ownership.
A major challenge to maintaining an accurate and updated system related to the fact that transfer of ownership only took place on registration. Information was not automatically updated when an individual’s marital status or marital regime changed, for example. In December 2001, the Registrar of Deeds launched an electronic system, ie the Deeds Office Tracking System (DOTS), which enabled the Office to scan deeds into different tracking points. The data preparation took six days to finalise, unless there was a document missing and rejected. Government-subsidised houses were processed in three days. The conveyancers dealing with subsidised projects should apply to the Deputy Registrar of Deeds prior the registration in order to be awarded priority. In such instances, a red stamp is affixed onto the deeds indicating state-subsidised housing, and consequently expedited.
The Housing Act (as amended) was not considered by the Registrar, since the province had not requested it. This could be a challenge, since state-subsidised houses were sold almost every day, despite such transactions being illegal.
The challenge was poor conveyancing with regard to state-subsidised housing, hence there was no indication that the house was in compliance with an eight-year or pre-emptive clause. The missing information in a batch ruined the entire process of registration.
The Committee advised that in future, the province pro-actively inform the Registrar of upcoming projects to allow for proper planning.
4.21 Site visit to Tamboville: North East Sector
Councillor Dladla of ward 34, an area under Msunduzi Municipality, informed the delegation that communities in that area were moved from other areas and were relocated in Tamboville. A total of 300 shacks were built. Communities were sharing a few toilets which were not in a good condition and which were difficult to access, especially at night. Water taps were located far from residents,and there were no access roads. There was only a primary school and the children were struggling to get to the secondary institution because of the long distance they had to travel.
4.22 Site visit to Mpumelelo
The project was located in ward 18 and was established more than 10 years ago. The following observations were made: walls were cracked, water pipes had burst and water was flowing freely down the street for more than two years, and drains were blocked. It was also evident that the community was sharing a single tap. Toilets had been installed, but were not connected to water. Given these circumstances, the community was obliged to carry buckets of water in order to flush the toilets. When the outside container was filled, residents were obliged to hire people with chemicals to disinfect it, while those who could not afford this would empty containers in nearby bushes.
4.23 Site visit to France - ward 13
The delegation was informed that owners sold their state-subsidised houses, while others were renting for approximately R150 to R200 a month. It was alleged that the councillor was forging eviction orders to defaulters and selling their houses. The councillor had circulated a fraudulent letter to evict one of the occupants. The letter was handed over to the province for safe keeping.
4.24 Site visit to Oribi
The owners of state-subsidised houses were not known and the tenants were tired of paying rent. The rent ranged from R252 to R500 a month. Some tenants seemed to have no idea nor understand that there was a waiting list in the municipal offices where they could submit their names. Residents asked the municipality to transfer the houses to them so that they could effect renovations.
Day 5: 3 March 2011
4.25 uThukela District Municipality Council Chambers
The district comprised five municipalities, namely: eMnambithi, Umtshezi, Okhahlamba, Imbabazane and Indaka. The following water and sanitation programmes were approved and funded to the value of R252 million by DWAF as well as through the MIG.
* eMnambithi LM – The municipality consisted of 25 wards, with a total population of 236 746. The number of households totalled 50 259. The water backlog in 2006 stood at 2 750 households, and since 2010 a total of 1 713 households were in need of water. The municipality was implementing seven water projects, of which four have been completed and handed over to the communities. Two projects were still in progress (about 95% complete). Thirteen reservoirs have been completed and handed over the municipality.
There were four sanitation projects: two have been completed while the rest were still in progress. Eight new sanitation projects have been introduced to the value of R7 million for the 2011/12 financial year. The sanitation projects were funded by DWAF. The Zakheni sewer project has been put on hold.
Okhahlamba LM – The municipality consisted of 13 wards, with a total population of 151 446. The number of households totalled 28 508. The water backlog as at 2010 was 6 413. There were three water projects: one has been completed while two were still in progress. Two sanitation projects were still in progress while another was awaiting AFA approval. With respect to new sanitation projects, a contractor has been introduced in one project while in the other remaining four a contractor has yet to be introduced.
* iMbabazane LM – The municipality consisted of 12 wards, with a total population of 140 747 and a total of 24 559 households. The water backlog as at 2010 stood at 12 161. The Ntabamhlophe project was in progress and was divided into 13 phases. Phases 1 to 4 have been completed, while phases five and six bulk infrastructure has been completed. The reticulation would commence soon. Phase nine bulk, as well as reticulation is soon to commence.
A total of five sanitation projects have been implemented: three have been completed and two were still in progress. There were three new sanitation projects. A contractor has been introduced for one project, while contractors for the other two would be appointed in the near future, The municipality was still awaiting new business plans.
* Indaka LM – The municipality consisted of 10 wards with a total population of 101 555. The number of households totalled 21 081. The water backlog as at 2010 stood at 3 390. Two water supply schemes were awaiting handover. Two sanitation projects were in progress. Six new sanitation projects had been introduced. A contractor has been introduced in four of the projects, while a contractor still needed to be appointed for the remaining two projects.
* Umtshezi LM – The municipality consists of seven wards, with a population of 83 906. The number of households total 15 232. The water backlog is determined at 2 520 households. One project is currently in progress, and will include water and sanitation in Thembalihle. There are three new sanitation projects at a planning stage; for two of the projects contractors have already been appointed, while a contractor is still to be appointed for the remaining project.
Challenges facing uThukela
* The district was experiencing a drought, ie about 50% of boreholes were dysfunctional and dams had dried up.
* Water and sanitation infrastructure had been vandalised by the residents.
* Power supply was interrupted as a result of lighting that struck one of the power stations.
EMnambithi LM
The municipality was located in a storm belt corridor, which made it susceptible to storm-related disasters. The 2006-2011 IDP focused on urban renewal, of which an application was made to the department in 2007. Confirmation of R50 million was received and the project was earmarked to be a presidential project. However, the province subsequently reported that there was no policy to allow the funds to be released. In 2007, the President visited Zakheni and emphasised that the urban project would proceed. In 2008, the area was struck by floods and storms, and in 2009 a business plan was submitted to the Department of Human Settlements. An amount of R18 million was released for immediate relief by the province, but this amount was inadequate. The storm struck the area repeatedly and the situation deteriorated considerably. The municipality was in the process of reviewing its business plan.
The municipality has a slum clearance programme in accordance with the MDG targets. The department has only approved 1 500 beneficiaries for this propramme.
Progress overview
Rectification plan programme
In 2007, a business plan was submitted to the province. In 2010, the MEC announced that R300 million would be released to deal with relief housing and storm damage. Since then nothing has happened. The NHBRC demanded that projects be registered with it by the province or municipality and indicated that late registrations would be rejected.
Disasters
Most towns and villages were affected by disasters. Seven people had lost their lives and 534 houses were smashed to the ground. An amount of R35 million was set aside for disaster-affected areas. The area was susceptible to lightning, and therefore lightning conductors should be installed in order to alleviate the problem.
Land
In most areas, landowners were not residing on their land while others were deceased. This made it difficult to trace the owners. Tenants were also negatively affected.
Rural housing
It has been a challenge to deliver rural housing since most of the land in the area was managed by the iNgonyama Trust. However, the situation was improving since discussions to release land were in progress.
Contribution by farmers
Farmers had contributed land for housing developments.
Comments by the delegation
* A concern was raised about the number of business plans presented.
* The HDA should be involved in issues relating to land,and assist in tracing the landowners.
* An amount of R300 million made available by the MEC should be followed up.
* Conditions should be stipulated to consultants in respect of projects and should include time frames for completion.
* An update was required on the R2.6 billion identified in the state-of-the-nation address intended for water and services in KwaZulu-Natal and Limpopo.
* Clarity was required on the R800 million that was readily available for disaster relief.
4.26 Site visit to St Chads
The project was located in a peri-urban community and consisted of 3 000 units. However, an additional 500 units were still required. The project was divided into two sub-projects: the first one related to in-situ upgrading, while the second one was in regard to green field development. One aspect of the project was rural in nature (sites are larger in size), while the urban component consisted of smaller sites. It was reported that people originating from outside the area benefited first, while the initial beneficiaries were still on the waiting list. The area was located far from social amenities. However, the Department of Arts and Culture provided a mobile library.
A community centre, which was completed during October 2010, was situated in close proximity of the project. To date, the centre had not been made available to the municipality and there was some concern that it faced the risk of vandalism.
4.27 Site visit to Section E slum clearance
The project originated as an emergency project and consisted of 642 units. The dwellings were constructed from mud, and bulk infrastructure had yet to be established. There was also no running water available. The site was properly planned and included access roads.
The delegation advised the municipality to construct an apron to prevent rainwater from penetrating.
4.28 Site visit to Thembalihle disaster project
There was no bulk infrastructure and the area was not considered suitable for human habitation. Mud houses had been washed away while others had collapsed.
4.29 Meeting with Amajuba District Municipality
The district consisted of the following local municipalities: New Castle, eMadlangeni and Dannhauser. The estimated budget for water and sanitation programmes in both eMadlangeni and Dannhauser totalled R836 million. New Castle was a water services authority and relied on the MIG. An amount of R50 million has been allocated for water and sanitation services for the municipality.
The following additional information was provided as follows:
Housing plans in New Castle
Thirteen informal settlements were located in the area. The housing waiting list at the time constituted 34 000 beneficiaries. Provision was made for a total of 20 housing projects. Eleven were existing projects while an additional nine were planned for the future. The slum clearance project was intended to deliver 1 400 houses, but instead delivered 1 388 units.
Osizweni
Phase 1 project – All 450 units were delivered. Section F phase 2 – All 500 units were delivered.
Mopheme – A total of 500 units were planned but none were delivered.
Standsfordhill – A total of 5 000 units were planned and 4 169 were delivered.
Emadadeni – A total of 1 141 units were planned and 1 140 were delivered.
Amehlesizwe Phase 3 – A total of 670 houses still have to be delivered.
Amathukuza rectification – The NHBRC was appointed to assess houses, and R175 million was allocated.
Khatide – A total of 1 000 houses required rectification.
Charlie’s Town – A total of 1 500 units had been planned.
Siyahlala la – A contractor for the 1 000 houses had been appointed.
Emawozeni – A total of 200 houses had been planned. It was a project for people with disabilities. The project was run by the Department of Social Development and specific programmes were put in place to specifically serve their needs. They also needed to be placed in an area where they were able to access their places of work and other activities in which they were involved.
JBC housing project – The municipality purchased land for R5 million. The challenge was that the project was still awaiting the title deed from the Department of Rural Development and Land Reform.
Ingogo project – A total of 7 500 units had been planned.
Viljoen Park – The project was in the preliminary stage.
Challenges
* Poor workmanship.
* No green fields.
* All projects were slum clearance projects.
* Unresolved land claims.
* Under-mined areas.
* Deceased beneficiary delays.
* Bureaucratic tendencies stifled progress.
Water focus in eMadlangeni
The feasibility study for bulk infrastructure has been finalised and phase 1 was approved at a cost of R13 million. A total of R1 million was allocated in the middle of the 2010/11 financial year. The objective of the project was to eradicate the water backlog in an estimated 4 312 households in the municipality.
Implementation of the Amajuba District Household Sanitation Project: Dannhauser
It was estimated that a total of 17 235 households would be served at a cost of R85 million. A total of 600 VIP latrines were planned in areas such as Clerafarm, Eastbourne, eMafuathela, Fulathela, Mafahlawane, Phillip Farm, Shepstone Lake, Drangaan and Eitlek. To date, a total of 376 VIP toilets have been completed. The estimated cost for infrastructure refurbishment was R5.7 million.
Key challenges
* Existing infrastructure was deteriorating, resulting in significant water losses.
* Limited functionality around water conservation and demand.
* Pollution of rivers and dams.
* Inadequate maintenance of all infrastructure.
* Inadequate institutional arrangements (lack of municipal institutional arrangements, lack of suitable and trained staff and limited or no service quality monitoring).
* Funding and financial challenges (lack of revenue, indigent policies and enforcement, private sector investors and lenders not attracted to invest in infrastructure roll-out).
* MIG constraints which were attributed to the adverse implementation of the water sanitation projects.
Deliberations
In response to questions raised, the municipality indicated that social housing had not been planned and that this was an area that required future focus. On the management of the waiting list, it was previously differentiated according to race. There was a list for Coloureds, Indians and Blacks. However, since 2009 there had been a single list for all beneficiaries that was reviewed every two years. To minimize poor workmanship, the province was not allowing any project that was not registered with the NHBRC.
On the issue of land, owners were reluctant to allow the community to bury their relatives on privately-owned land. Some owners were reluctant to release land to the Department of Human Settlements for development. Two separate cases were reported where the department had to expropriate land for development.
Day 6: 4 March 2011
4.30 Site visit to Dannhausser (Strijbank) blocked project
The project was initiated in 2000. The private developer had constructed houses of poor quality and would frequently disappear from the site. The land used to be owned privately by smallholdings. While the deed of sale was signed and paid for, the land had yet to be transferred. The municipality recommended that the developer’s contract be terminated. The MEC decided to offer the developer a second opportunity, but closely monitored the situation. However, due to continued poor workmanship the developer’s contract was terminated. After litigation, the developer won the case on technical grounds. Since then the infrastructure has continued to deteriorate.
A total of 247 houses has been completed and handed over without any electricity. There was no intention to develop the remainder of the units. Water plans would be rolled-out in within two weeks.
The delegation expressed concern about the land technically still being under private ownership. In this regard, the municipality should fast-track the transfer of the land. The delegation articulated its concern about the conditions of access roads and required further clarity on the role of the Extended Public Works Programme (EPWP) in the area.
4.31 Site visit to kwa-Mathukuza
Approximately 1 300 houses were due to be demolished. The EIA was a challenge in the area.
4.32 Meeting at uPhongolo Local Municipality
uPhongolo was one of the five municipalities in the district of Zululand and consisted of 14 wards. The municipality estimated the population size to be 11 900. The housing backlog stood at 55 000 units.
The following overview was provided:
Incotshane Housing Project
Housing delivery was initiated in 1997 and resulted in the Incotshane Housing Project with 215 units completed in 1998. These units were 32 square metres in size and included two bedrooms and a kitchen/lounge. The toilet was located on the outside and all units were equipped with a waterborne sewage system. Building blocks were produced by the local community under the supervision of a project manager. The material used was sub-standard. The Nu-Tec roofing was too light and could not withstand hailstorms.
The beneficiaries had been occupying the houses for a period of about 13 years without such houses being transferred. The reasons for this were that the opening of the township register and mineral rights had not been resolved. The municipality communicated with the Ingonyama Trust on several occasions without any success.
Ncotshane Housing Project No: K20020045
The Ncotshane project was initiated in 2001/2002. The project initially provided for 1 100 sites, but it was later reduced to 1 054 sites due to the rocky land topography. To date, 250 units have been completed and a further 32 units were in varying stages of completion.
The project started in 2005 and was later put on hold in 2006 due to the disagreement between the implementing agent and the uPhongolo Municipal Council. The council obtained bridging finance in the amount R3.2 million to finalise the 250 houses that were not completed in order to prevent them from being vandalised. A new implementing agent was appointed to package the application for submission to the Department of Human Settlements. The council reported that there was a severe hailstorm that hit the municipality and most of the houses were severely damaged. The beneficiaries of the housing project were approved and were ready for their houses to be built.
Gumbi low-income housing project
The municipality was preparing for the new project in ward 1, which was the result of the land restitution and land redistribution programmes from the following areas: Candover (350 houses), Cottlands (70 houses), Bethel (70 houses), and Hlamanyathi (70 houses).
The above-mentioned communities have displayed an interest in having state-subsidised houses constructed. Consultation was ongoing with the Department of Rural Development and Land Reform to determine the ownership of the land. This was critical for ensuring that the correct instrument of the subsidy would be used in these projects. The project was in the preparatory stage.
Challenges affecting municipal housing delivery
* Land availability, in particular limited state-owned land.
* Some of the land in existing settlements was not suitable for housing purposes.
* Farmland was privately-owned and expensive.
* Influx of people into the urban areas of uPhongolo.
* Availability and reliability of data that highlighted exact backlogs in relation to the number of applicants who qualify for housing.
* Housing need in rural areas has not been quantified.
* Certain tribal by-laws restricted access to housing.
* Poor services in most areas despite the existence of infrastructure. This also affected the provision of free basic services and payment of services.
* Some areas, for example farms and informal settlements, had no access to services.
* Financial arrangements and access to funding, for example access to credit, were limited due to land ownership issues and low income levels.
* The municipality was urged to attend to an open drainage system and to cut the grass for children’s safety.
5. Observations made by the delegation
The following observations were made by the delegation in respect of its oversight visit to KwaZulu-Natal:
1. There was limited adherence to IGR (lack of synergy) and co-operative governance. The delegation was able to draw together various stakeholders from different spheres of government, which enhanced the oversight experience. Various stakeholders were able to respond immediately to critical issues and clarify issues where a collective response was required.
2. There was no consistency in the reporting system on projects by the province, districts and local municipalities.
3. A few municipalities had initiated new projects, but most of the projects were due for rectification.
4. Proper co-ordination between the districts and local municipalities were still lacking.
5. Responses to post-disasters did not convince the delegation that municipalities were capable of responding to disasters.
6. The management of beneficiary lists was still a major challenge in many municipalities: only one municipality gave the delegation confidence in its management of the beneficiary list.
7. Stakeholders were not taking full advantage of the support that could be provided by the NHBRC and the HDA. It was suggested that not all stakeholders were well informed of the role of these two important stakeholders in terms of ensuring the achievement of sustainable human settlements.
8. The Cornubia development was still not clear and the participation of other stakeholders’ roles was not clearly defined, but the challenges still remained. Stakeholder forums had been established and met monthly, but did not resolve issues on the ground.
9. Municipalities were struggling to cope with the impact of disasters. The province should give support to such municipalities.
10. Some municipalities and province did not show an interest in accessing opportunities offered by DBSA on capacity building support.
11. Public participation remained a challenge in many municipalities.
12. Families were relocated from one site to another and people were left for many years before their housing needs were attended to. Transit camps were made of corrugated iron sheets and the time frame of 18 months was not adhered to.
13. The provincial department did not work closely with the Office of the Registrar of Deeds, despite the fact that such co-operation would significantly reduce the time frames for the transfer of title deeds to beneficiaries.
14. The farm worker assistance programme was still very weak.
15. Hostel upgrading and the payment rate of monthly rentals remained a challenge.
16. Land challenges hindered progress in the delivery of houses.
17. The lack of skilled and adequate personnel, particularly technical employees, was a concern.
18. Some of the municipalities were not accredited, but continued to appoint contractors to build houses.
19. It was alleged that some engineers signed fraudulent geotechnical assessment reports.
20. Projects did not have time frames for delivery to which contractors should adhere.
21. Municipalities did not clearly indicate in their reports how much was allocated to a particular project and how much was spent on that project.
22. Water, sanitation and issues of settlements were inseparable; therefore cooperation between the departments is very crucial.
23. The use of consultants delayed progress. For instance, the municipality would report that there was a scarcity of water. However, during site visits the delegation found that water was available. All that was required were finding ways to pump the water.
24. Rectification projects faced considerable delays.
25. Allegations of corruption and maladministration continued to plague the delivery process.
6. Recommendations
The Committee recommended the following:
* To the Minster of Human Settlements:
1. The Special Investigating Unit should urgently be commissioned to investigate the Imbali phase 1 hostels and phase 13 double-storey houses (wire wall). The department should report back to the Committee by June 2011 and submit a comprehensive report explaining exactly why contractors were not paid, which resulted in them leaving the site unattended. Progress report on Imbali Phases should reach the Committee by August.
2. The HDA should focus on addressing the land situation in KwaZulu-Natal and report to the Committee by June 2011.
3. The Department of Human Settlements should visit all areas visited by the Committee in KwaZulu-Natal where the delegation undertook oversight and provide a progress report to Parliament in August 2011.
* To the province:
1. Engineers who signed fraudulent geotechnical reports should be investigated and prosecuted.
2. In all state-subsidised housing, the materials used should comply with the standards of the South African Bureau for Standards (SABS) in an attempt to stop contractors from using low-quality building materials.
3. The provincial department should address the issue of sanitation in Impumelelo settlements within the next two months.
4. The province should be requested to release the state-owned land in Tin-town for housing development.
5. The department should be assertive in addressing poor workmanship and regularly report to Parliament on how it dealt with transgressors.
6. The issue of disaster management must also be prioritised by the province.
7. The People’s Housing Process must be promoted by the province and housing co-operatives should be afforded priority.
8. The period of 18 months of hosting people in transit camps must be adhered to by both the municipality and the province.
9. The UThukela Water Board must address the issue of water shortages. The municipality and the eThekwini municipality should interact with uThukela to address the water challenges.
10. Municipalities should undertake initiatives to make provision for adequate temporary relocation units.
To Parliament:
1. The Portfolio Committee on Human Settlements should convene smaller groups to conduct follow-up visits on a quarterly basis.
2. The Portfolio Committee on Human Settlements should develop a template that would be used by local and provincial governments when reporting on information requested by the Committee
3. The Department of Rural Development and Land Reform should address the issue of farm evictions and the destruction of graves in Kokstad.
Report has been considered and adopted by the Committee. Therefore, the Committee recommends that the report should be considered by the House.
WEDNESDAY, 27 JULY 2011
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1. Draft Bills submitted in terms of Joint Rule 159
(1) Further Education and Training Colleges Amendment Bill, 2011, submitted by the Minister of Higher Education and Training.
(2) Higher Education Laws Amendment Bill, 2011, submitted by the Minister of Higher Education and Training.
(3) Skills Development Amendment Bill, 2011, submitted by the Minister of Higher Education and Training.
Referred to the Portfolio Committee on Higher Education and Training and the Select Committee on Education and Recreation.
National Assembly
The Speaker
1. Introduction of Bills
(1) The Minister of Higher Education and Training
(a) Further Education and Training Colleges Amendment Bill [B 13 – 2011] (National Assembly – proposed sec 76) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 34435 of 6 July 2011.]
(b) Higher Education Laws Amendment Bill [B 14 – 2011] (National Assembly – proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 34435 of 6 July 2011.]
Introduction and referral to the Portfolio Committee on Higher Education and Training 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) Report and Financial Statements of the Electoral Commission (IEC) on the Public Funding of Represented Political Parties Fund for 2009-2010, including the Report of the Auditor-General on the Financial Statements for 2009-2010 [RP 228-2010].
2. The Minister of Finance
(a) Proposed amendments to the regulations pertaining to binder agreements, tabled in terms of section 72(2B) of the Long‑Term Insurance Act, 1998 (Act No 52 of 1998) and section 70(2B) of the Short‑Term Insurance Act, 1998 (Act No 53 of 1998).
(b) Combined Annual Report of the Supervisors of the Co-operative Banks Development Agency and the South African Reserve Bank for 2010-2011.
3. The Minister of Public Enterprises
(a) Report and Financial Statements of Eskom Holdings Limited for 2010-2011, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2010-2011.
(b) Report and Financial Statements of Transnet Ltd and the Group for 2010-2011, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2010-2011.
National Assembly
1. The Speaker
(a) The President of the Republic submitted the following letter dated 19 July 2011 to the Speaker: National Assembly, informing Members of the Assembly of the extension of the employment of the South African National Defence Force for a service in fulfilment of the international obligations of the Republic of South Africa towards the Democratic Republic of Congo.
EXTENSION OF THE EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE FOR A SERVICE IN FULFILMENT OF THE INTERNATIONAL OBLIGATIONS OF THE REPUBLIC OF SOUTH AFRICA TOWARDS THE DEMOCRATIC REPUBLIC OF CONGO
This serves to inform the National Assembly that I have extended the employment of Eleven (11) South African National Defence Force (SANDF) personnel to the Democratic Republic of Congo (DRC), for a service in fulfilment of the international obligations of the Republic of South Africa towards the DRC to assist with capacity building of the DRC Defence Force by providing a Specialist Advisory Team.
This employment was authorised in accordance with the provisions of section 201(2)(c) of the Constitution of the Republic of South Africa, 1996.
Members of the SANDF were employed to assist the DRC Defence Force with capacity building. The employment of these members expired on 31 March 2011.
The SANDF’s mission in the DRC is not yet completed. The employment of 11 SANDF members is now extended from 01 April 2011 until 31 March 2012.
I will communicate this report to members of the National Council of Provinces and the Joint Standing Committee on Defence, and wish to request that you bring the contents hereof to the attention of the National Assembly.
Regards
signed
Mr Jacob Gedleyihlekisa Zuma
President of the Republic of South Africa
(b) The President of the Republic submitted the following letter dated 19 July 2011 to the Speaker: National Assembly, informing Members of the Assembly of the extension of the employment of the South African National Defence Force for a service in fulfilment of the international obligations of the Republic of South Africa towards the Central African Republic.
EXTENSION OF THE EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE FOR A SERVICE IN FULFILMENT OF THE INTERNATIONAL OBLIGATIONS OF THE REPUBLIC OF SOUTH AFRICA TOWARDS THE CENTRAL AFRICAN REPUBLIC
This serves to inform the National Assembly that I have extended the employment of One hundred (100) South African National Defence Force (SANDF) personnel to the Central African Republic (CAR), for a service in fulfilment of the international obligations of the Republic of South Africa towards the Central African Republic (CAR) to assist with capacity building of the CAR Defence Force.
This employment is authorised in accordance with the provisions of section 201(2)(c) of the Constitution of the Republic of South Africa, 1996.
Members of the SANDF were employed to assist the CAR with capacity building of the CAR Defence Force. The employment of these members expired on 31 March 2011.
The SANDF’s mission in the CAR is not yet completed. The employment of 100 SANDF members is now extended from 01 April 2011 until 31 March 2012.
I will communicate this report to members of the National Council of Provinces and the Joint Standing Committee on Defence, and wish to request that you bring the contents hereof to the attention of the National Assembly.
Regards
signed
Mr Jacob Gedleyihlekisa Zuma
President of the Republic of South Africa
(c) The President of the Republic submitted the following letter dated 20 July 2011 to the Speaker: National Assembly, informing Members of the Assembly of the extension of the employment of the South African National Defence Force for a service in fulfilment of the international obligations of the Republic of South Africa towards the Democratic Republic of Congo, to train the DRC Armed Forces.
EXTENSION OF THE EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE FOR A SERVICE IN FULFILMENT OF THE INTERNATIONAL OBLIGATIONS OF THE REPUBLIC OF SOUTH AFRICA TOWARDS THE DEMOCRATIC REPUBLIC OF CONGO, TO TRAIN THE DRC ARMED FORCES
This serves to inform the National Assembly that I have extended the employment of Twelve (12) South African National Defence Force (SANDF) personnel to the Democratic Republic of Congo (DRC), for a service in fulfilment of the international obligations of the Republic of South Africa towards Democratic Republic of Congo (DRC), to train the DRC Armed Forces Rapid Reaction Force.
This employment is authorised in accordance with the provisions of section 201(2)(c) of the Constitution of the Republic of South Africa, 1996.
Members of the SANDF were employed to train the DRC Armed Forces. The employment of these members expired on 31 March 2011.
The SANDF’s mission in the DRC is not yet completed. The employment of 12 SANDF members is now extended from 01 April 2011 until 31 March 2012.
I will communicate this report to members of the National Council of Provinces and the Joint Standing Committee on Defence and wish to request that you bring the contents hereof to the attention of the National Assembly.
Regards
signed
Mr Jacob Gedleyihlekisa Zuma
President of the Republic of South Africa
(d) The President of the Republic submitted the following letter dated 20 July 2011 to the Speaker: National Assembly, informing Members of the Assembly of the employment of the South African National Defence Force for a service in fulfilment of the international obligations of the Republic of South Africa towards the Southern African Development Community (SADC) maritime security.
EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE FOR A SERVICE IN FULFILMENT OF THE INTERNATIONAL OBLIGATIONS OF THE REPUBLIC OF SOUTH AFRICA TOWARDS THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY (SADC) MARITIME SECURITY.
This serves to inform the National Assembly that I have employment Three Hundred and Seventy Seven (377) members of the South African National Defence Force (SANDF) personnel to the Mozambique coast, for a service in fulfilment of the international obligations of the Republic of South Africa towards the Southern African Development Community (SADC) maritime security, in order to minimise the treat of piracy and other illegal maritime activities.
This employment is authorised in accordance with the provisions of section 201(2)(c) of the Constitution of the Republic of South Africa, 1996, read with section 93 of the Defence Act, 2002 (Act no. 42 of 2002).
This deployment is for the period 01 April 2011 until 31 March 2012.
I will communicate this report to members of the National Council of Provinces and the Joint Standing Committee on Defence, and wish to request that you bring the contents hereof to the attention of the National Assembly.
Regards
signed
Mr Jacob Gedleyihlekisa Zuma
President of the Republic of South Africa
(e) Reply from the Minister of Justice and Constitutional Development to recommendations in the First Report of Committee on Public Accounts on Report of Auditor-General on 2009‑10 financial statements of Department of Justice and Constitutional Development, as adopted by the House on 24 March 2011.
Referred to the Committee on Public Accounts.
(f) Public Protector Report No 8 of 2011‑12 on an investigation into the alleged improper soliciting of businesses for donations to the African National Congress by Mr C Taute, executive mayor of the Hessequa Municipality.
(g) Public Protector Report on an investigation into complaints and allegations of maladministration, improper and unlawful conduct by the Department of Public Works and the South African Police Service relating to the leasing of office accommodation in Durban.
WEDNESDAY, 3 AUGUST 2011
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1. Classification of Bills by Joint Tagging Mechanism (JTM)
(1) The JTM in terms of Joint Rule 160(6) classified the following Bills as section 75 Bills:
(a) Tax Administration Bill [B 11 – 2011] (National Assembly – sec 75).
(b) Higher Education Laws Amendment Bill [B 14 – 2011] (National Assembly – sec 75).
National Assembly
The Speaker
1. Request for filling of vacancies in MDDA Board
(a) A letter has been received from the Minister in The Presidency: Performance Monitoring and Evaluation as well as Administration –
(i) informing the National Assembly that the term of office of the following board members of the Media Development and Diversity Agency (MDDA), appointed by the President on the recommendation of the National Assembly, will expire on 31 December 2011: Ms P Nzimande and Dr T Bosch; and
(ii) requesting the National Assembly to recommend two candidates in terms of section 4(1)(b) of the Media Development and Diversity Agency Act, 2002 (Act No 14 of 2002) to fill the vacancies that will arise.
Referred to the Portfolio Committee on Communications for consideration and report.
2. Membership of Assembly
(a) The vacancy which occurred in the National Assembly owing to the resignation of Mr M H Steele, has been filled with effect from 19 July 2011 by the nomination of Mr J H Steenhuisen.
3. Referral to Committees of papers tabled
(1) The following papers are referred to the Standing Committee on Finance:
(a) Government Notice No R401, published in Government Gazette No 34264, dated 5 May 2011: Particulars of the area demarcated by the municipality of eThekwini as an urban development zone, published in terms of section 13quat(8) of the Income Tax Act, 1962 (Act No 58 of 1962).
(b) Government Notice No R421, published in Government Gazette No 34286, dated 12 May 2011: Exemption granted to the Department of Transport in terms of section 36 of the Division of Revenue Act, 2011 (Act No 6 of 2011).
(c) Government Notice No R406, published in Government Gazette No 34272, dated 13 May 2011: Amendment of Schedule No 5 (No 5/92) in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(d) Government Notice No R436, published in Government Gazette No 34294, dated 20 May 2011: Amendment of Schedule No 4 (No 4/340) in terms section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(e) Government Notice No R437, published in Government Gazette No 34294, dated 20 May 2011: Amendment of Schedule No 6 (No 6/22) in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(f) Government Notice No R501, published in Government Gazette No 34350, dated 8 June 2011: Notice in terms of section 1(iii)(f) on the application of the Preferential Procurement Policy Framework Act, 2000 (Act No 5 of 2000).
(g) Government Notice No R502, published in Government Gazette No 34350, dated 8 June 2011: Preferential Procurement Regulations 2011, made in terms of section 5 of the Preferential Procurement Policy Framework Act, 2000 (Act No 5 of 2000).
(h) Report of the Registrar of Short‑term Insurance for 2009 [RP68‑2011], tabled in terms of section 5 of the Short‑term Insurance Act, 1998 (Act 53 of 1998).
(i) Report of the Registrar of Long‑term Insurance for 2009 [RP69‑2011], tabled in terms of section 5 of the Long-term Insurance Act, 1998 (Act 52 of 1998).
(2) The following papers are referred to the Portfolio Committee on Justice and Constitutional Development:
(a) First Report on the Implementation of the Child Justice Act, tabled in terms of section 96(3)(a) of the Child Justice Act, 2008 (Act No 75 of 2008).
(b) Proclamation No R33, published in Government Gazette No 34305, dated 20 May 2011: Referral of matters to an existing Special Investigating Unit and Special Tribunal in terms of section 2(1) of the Special Investigating Units and Special Tribunals Act, 1974 (Act No 74 of 1996).
(c) Proclamation No R34, published in Government Gazette No 34306, dated 20 May 2011: Referral of matters to an existing Special Investigating Unit and Special Tribunal in terms of section 2(1) of the Special Investigating Units and Special Tribunals Act, 1974 (Act No 74 of 1996).
(d) Proclamation No R58, published in Government Gazette No 33718, dated 29 October 2010: Referral of matters to existing Special Investigating Unit and Special Tribunal in terms of section 2(1) of the Special Investigating Units and Special Tribunals Act, 1996 (Act No 74 of 1996).
(e) Proclamation No R59, published in Government Gazette No 33718, dated 29 October 2010: Referral of matters to an existing Special Investigating Unit and Special Tribunal in terms of section 2(1) of the Special Investigating Units and Special Tribunals Act, 1996 (Act No 74 of 1996).
(f) Proclamation No R62, published in Government Gazette No 33744, dated 8 November 2010: Referral of matters to an existing Special Investigating Unit and Special Tribunal in terms of section 2(1) of the Special Investigating Units and Special Tribunals Act, 1996 (Act No 74 of 1996).
(g) Proclamation No R63, published in Government Gazette No 33744, dated 8 November 2010: Referral of matters to an existing Special Investigating Unit and Special Tribunal in terms of section 2(1) of the Special Investigating Units and Special Tribunals Act, 1996 (Act No 74 of 1996).
(h) Proclamation No R1047, published in Government Gazette No 33747, dated 10 November 2010: Withdrawal of Government Notice R2095 dated 13 September 1985 in terms of section 4(3)(b) of the Dangerous Weapons Act, 1968 (Act No 71 of 1968).
(i) Proclamation No R1048, published in Government Gazette No 33747, dated 10 November 2010: Withdrawal of Government Notice R409 (Transkei), dated 7 March 1975, in terms of section 4(3)(b) of the Dangerous Weapons Act, 1968 (Act No 71 of 1968).
(j) Proclamation No 35, published in Government Gazette No 34356, dated 20 June 2011: Fixing of a date on which section 36(1) shall come into operation in terms of section 36(2) of the Revenue Laws Second Amendment Act, 2008 (Act No 61 of 2008).
(k) Government Notice No R506, published in Government Gazette No 34363, dated 17 June 2011: Amendment of rules (DAR/90) in terms of sections 199A and 120 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(l) Government Notice No R507 published in Government Gazette No 34363 dated 17 June 2011: Amendment of Schedule No 2 (No 2/336) in terms of section 56 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(m) Government Notice No R508, published in Government Gazette No 34363, dated 17 June 2011: Amendment of Schedule No 4 (No 4/341) in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(n) Government Notice No R509, published in Government Gazette No 34363, dated 17 June 2011: Amendment of Schedule No 5 (No 5/93) in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(o) Government Notice No R510, published in Government Gazette No 34363, dated 17 June 2011: Amendment of Schedule No 2 (No 2/336) in terms of section 56 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(3) The following paper is referred to the Portfolio Committee on Trade and Industry:
(a) Final Report of the Gambling Review Commission on Review of the South African Gambling Industry and its Regulation – September 2010.
(4) The following paper is referred to the Committee on Public Accounts for consideration and to the Portfolio Committee on Cooperative Governance and Traditional Affairs:
(a) Consolidated General Report of the Auditor‑General on the Local Government Audit Outcomes for 2009‑10 [RP92‑2011]
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Finance
(a) Government Notice No R. 593 published in Government Gazette No 34463 dated 22 July 2011: Amendment of Schedule No 1 (No 1/1/1427), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(b) Government Notice No R. 594 published in Government Gazette No 34463 dated 22 July 2011: Amendment of Schedule No 3 (No 3/671), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(c) Report and Financial Statements of the South African Reserve Bank for 2010-2011, including the Report of the Independent Auditors on the Financial Statements for 2010-2011.
(d) Annual Economic Report of the South African Reserve Bank for 2011.
(e) Report of the Executive Officer of the Financial Services Board on the Road Accident Fund for 2009-2010.
2. The Minister in The Presidency: Performance Monitoring and Evaluation as well as Administration
(a) Final Report of 17th World Festival of Youth and Students, Tshwane, 13-21 December 2010.
THURSDAY, 4 AUGUST 2011
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 4 August 2011:
(b) State Liability Amendment Bill [B 2B – 2011] (National Assembly – sec 75).
COMMITTEE REPORTS
National Assembly
1. Report of the Portfolio Committee on Science and Technology on the consideration of a shortlist of candidates for appointment to the Board of the National Research Foundation (NRF), dated 22 June 2011.
The Portfolio Committee on Science and Technology, having considered the shortlist of candidates for appointment to the Board of the NRF in terms of section 6(2)( c ) of the National Research Foundation Act, 1998 (No 23 of 1998), reports that it agrees to the following shortlist of candidates:
1. Prof. P Clayton
2. Prof R Crewe
3. Prof AM Crouch
4. Dr A Fourie
5. Prof M Leibbrandt
6. Dr P Lolwana
7. Dr K Mokhele
8. Dr M Mosia
9. Prof S Nkomo
10. Dr V Pillay
11. Ms T Ramano
12. Prof J Sealy
13. Prof M Singh
14. Prof S Maharaj
15. Prof E Tyobeka
16. Prof B Cousins
The Committee recommends that the Minister, in finalising the appointment of the NRF board, ensures that it is a broadly representative board, which can progressively advance the policies and programmes of the Department of Science and Technology, especially its priority focus areas of Vision 2018 such as the development of Indigenous Knowledge Systems (IKS) and Climate Change redress, etc.
MONDAY, 8 AUGUST 2011
ANNOUNCEMENTS
National Assembly
The Speaker
1. Progress report on action taken in respect of recommendations by Public Protector
(a) A letter dated 4 August 2011 has been received from the President of the Republic, informing the National Assembly about action he has taken to date in respect of recommendations by the Public Protector following an investigation into complaints and allegations of maladministration, improper and unlawful conduct by the Department of Public Works and the SA Police Service concerning the leasing of office accommodation in Pretoria and Durban.
TABLINGS
National Assembly and National Council of Provinces
1. The Speaker and the Chairperson
(a) Commission for Gender Equality: Report on CEDAW Mock-Session in South Africa.
2. The Minister of Public Enterprises
(a) Report and Financial Statements of Denel (Proprietary) Limited for 2010-2011, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2010-2011.
THURSDAY, 11 AUGUST 2011
ANNOUNCEMENTS
National Assembly
The Speaker
1. Message from National Council of Provinces to National Assembly in respect of Bills passed by Council and returned to Assembly
(1) Bill amended by National Council of Provinces and returned for concurrence on 11 August 2011:
(a) Basic Education Laws Amendment Bill [B 36D – 2010 (Reprint)] (National Assembly – sec 76(1)).
The Bill has been referred to the Portfolio Committee on Basic Education of the National Assembly.
COMMITTEE REPORTS
National Assembly
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MONDAY, 15 AUGUST 2011
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Finance
(a) Government Notice No R. 617 published in Government Gazette No 34498 dated 29 July 2011: Amendment of Rules (DAR/91), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(b) Government Notice No 615 published in Government Gazette No 34478 dated 29 July 2011: State Security Agency: Notice in terms of section 92 of the Public Finance Management Act, 1999 (Act No 1 of 1999).
(c) Government Notice No R. 625 published in Government Gazette No 34494 dated 5 August 2011: Amendment of Schedule No. 4 (No. 4/342), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
2. The Minister of Correctional Services
(a) Draft Regulations made in terms of the Correctional Services Act, 1998 (Act No 111 of 1998).
3. The Minister of Police
(a) Report of the Independent Complaints Directorate on Domestic Violence for the period July – December 2010, tabled in terms of section 18(5)(c) of the Domestic Violence Act, 1998 (Act No 116 of 1998) [RP 47-2011].
TUESDAY, 16 AUGUST 2011
ANNOUNCEMENTS
National Assembly
The Speaker
1. Referral to Committees of papers tabled
(1) The following papers are referred to the Standing Committee on Finance:
(a) General Notice No 289, published in Government Gazette No 34283, dated 11 May 2011: Draft Approval of Municipal Taxes Regulations: Extension of period for public comment in terms of sections 5, 6, 10 and 12 of the Municipal Fiscal Powers and Functions Act, 2007 (Act No 12 of 2007).
(b) Proposed amendments to the regulations pertaining to binder agreements, tabled in terms of section 72(2B) of the Long-Term Insurance Act, 1998 (Act No 52 of 1998) and section 70(2B) of the Short-Term Insurance Act, 1998 (Act No 53 of 1998).
(c) Government Notice No R593, published in Government Gazette No 34463, dated 22 July 2011: Amendment of Schedule No 1 (No 1//1/1427) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(d) Government Notice No R594, published in Government Gazette No 34463, dated 22 July 2011: Amendment of Schedule No 3 (No 3/671) in terms of section 75 of the Customs and Excise Act, 1964 (No 91 of 1964).
(e) Annual Economic Report of the South African Reserve Bank for 2011.
(f) Report of the Executive Officer of the Financial Services Board on the Road Accident Fund for 2009‑10.
(2) The following paper is referred to the Portfolio Committee on Water and Environmental Affairs:
(a) Yearly report to Parliament on international environmental instruments (2010-11), tabled in terms of section 26(1) of the National Environmental Management Act, 1998 (Act No 107 of 1998).
(3) The following papers are referred to the Portfolio Committee on Justice and Constitutional Development for consideration:
(a) Progress report dated 29 June 2011 on the provisional suspension from office of Magistrate M T Masinga, a magistrate in Umlazi, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
(b) Progress report dated 29 June 2011 on the provisional suspension from office of Magistrate L B Maruwa, a magistrate in Daveyton, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
(c) Progress report dated 29 June 2011 on the provisional suspension from office of Magistrate D Jacobs, a magistrate in Clocolan, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
(d) Progress report dated 29 June 2011 on the provisional suspension from office of Magistrate C M Dumani, a magistrate in Graaff-Reinet, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
(e) Progress report dated 29 June 2011 on the provisional suspension from office of Magistrate I W O M Morake, a magistrate in Lichtenburg, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
(f) Progress report dated 29 June 2011 on the provisional suspension from office of Magistrate L Skrenya, a magistrate in Cala, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
(g) Progress report dated 29 June 2011 on the provisional suspension from office of Magistrate T R Rambau, a magistrate in Limpopo, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
(4) The following paper is referred to the Portfolio Committee on Justice and Constitutional Development for consideration and report:
(a) Legal Aid Guide 2011 (12th edition), including proposed amendments approved by the Board of Legal Aid South Africa, tabled in terms of section 3A(2) of the Legal Aid Act, 1969 (No 22 of 1969).
(5) The following paper is referred to the Committee on Public Accounts for consideration and to the Portfolio Committee on Cooperative Governance and Traditional Affairs:
(a) Letter, dated 9 June 2011, from the Office of the Auditor-General to provide reasons for the delay in completing the audit of the financial statements of the Oudtshoorn Municipality, tabled in terms of section 126(4) of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).
(6) The following papers are referred to the Joint Standing Committee on Defence for consideration and to the Portfolio Committee on Defence and Military Veterans:
(a) Letter from the President of the Republic, dated 17 June 2011, to the Speaker of the National Assembly, informing Members of the Assembly of the extension of the employment of the South African National Defence Force for service in Mozambique waters and in international waters to monitor and deter piracy activities along the Southern African Coast of the Indian Ocean.
(b) Letter from the President of the Republic, dated 6 July 2011, to the Speaker of the National Assembly, informing Members of the Assembly of the employment of the South African National Defence Force for service in co-operation with the South African Police Service in the prevention and combating of crime and maintenance and preservation of law and order within the Republic of South Africa in order to ensure safe and secure local government elections.
(c) Letter from the President of the Republic, dated 19 July 2011, to the Speaker of the National Assembly, informing Members of the Assembly of the extension of the employment of the South African National Defence Force for service in fulfillment of the international obligations of the Republic of South Africa towards the Democratic Republic of Congo.
(d) Letter from the President of the Republic, dated 19 July 2011, to the Speaker of the National Assembly, informing Members of the Assembly of the extension of the employment of the South African National Defence Force for service in fulfillment of the international obligations of the Republic of South Africa towards the Central African Republic.
(e) Letter from the President of the Republic, dated 20 July 2011, to the Speaker of the National Assembly, informing Members of the Assembly of the extension of the employment of the South African National Defence Force for service in fulfillment of the international obligations of the Republic of South Africa towards the Democratic Republic of Congo to train the DRC Armed Forces.
(f) Letter from the President of the Republic, dated 20 July 2011, to the Speaker of the National Assembly, informing Members of the Assembly of the employment of the South African National Defence Force for a service in fulfillment of the international obligations of the Republic of South Africa towards the Southern African Development Community (SADC) maritime security.
(7) The following papers are referred to the Portfolio Committee on Public Enterprises for consideration and report. The reports of the Independent Auditors on the Financial Statements and Performance Information are referred to the Committee on Public Accounts for consideration:
(a) Report and Financial Statements of Eskom Holdings Limited for 2010‑11, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2010‑11.
(b) Report and Financial Statements of Transnet Ltd and the Group for 2010‑11, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2010‑11.
(c) Report and Financial Statements of Denel (Pty) Ltd for 2010‑11, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2010‑11.
(8) The following paper is referred to the Portfolio Committee on Home Affairs for consideration and report. The Report of the Auditor-General on the Financial Statements is referred to the Committee on Public Accounts for consideration:
(a) Report and Financial Statements of the Electoral Commission (IEC) on the Public Funding of Represented Political Parties Fund for 2009/10, including the Report of the Auditor-General on the Financial Statements for 2009/10 [RP 228-2010].
(9) The following paper is referred to the Portfolio Committee on Cooperative Governance and Traditional Affairs for consideration:
(a) Public Protector Report No 8 of 2011‑12 on an investigation into the alleged improper soliciting of businesses for donations to the African National Congress by Mr C Taute, executive mayor of the Hessequa Municipality.
(10) The following papers are referred to the Standing Committee on Finance for consideration and report. The Report of the Independent Auditors is referred to the Committee on Public Accounts for consideration:
(a) Combined Annual Report of the Supervisors of the Co-operative Banks Development Agency and the South African Reserve Bank for 2010‑11.
(b) Report and Financial Statements of the South African Reserve Bank for 2010‑11, including the Report of the Independent Auditors on the Financial Statements for 2010‑11.
(11) The following papers are referred to the Portfolio Committee on Women, Children, Youth and People with Disabilities:
(a) Final Report of 17th World Festival of Youth and Students, Tshwane, 13-21 December 2010.
(b) Commission on Gender Equality: Report on Cedaw Mock Session in South Africa.
(12) The following papers are referred to the Portfolio Committee on Public Works and the Portfolio Committee on Police for consideration:
(a) Public Protector Report on an investigation into complaints and allegations of maladministration, improper and unlawful conduct by the Department of Public Works and the South African Police Service relating to the leasing of office accommodation in Durban.
(b) Letter from the President of the Republic, dated 4 August 2011, informing the National Assembly about action he has taken to date in respect of recommendations by the Public Protector following an investigation into complaints and allegations of maladministration, improper and unlawful conduct by the Department of Public Works and the South African Police Service relating to the leasing of office accommodation in Pretoria and Durban.
COMMITTEE REPORTS
National Assembly
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