Hansard: NCOP: Unrevised hansard

House: National Assembly

Date of Meeting: 17 Nov 2011

Summary

No summary available.

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Minutes

UNREVISED HANSARD

THURSDAY, 17 NOVEMBER 2011

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PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES

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The Council met in the Old Assembly Chamber at 14:08.

 

The Deputy Chairperson (Ms T C Memela) took the Chair and requested members to observe a moment of silence for prayers or meditation.

 

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.

 

WELCOMING OF VISITORS FROM AUSTRALIA

 

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon members, may I take this opportunity to introduce our visitors in the gallery. We have hon Woodhams, Speaker of the Legislative Assembly in Australia; hon Sutherland, member for Mount Lawley; hon Logan, member for Cockburn; and Mr McHugh, Clerk of the Legislative Assembly, Parliament of Western Australia. [Applause.] You are welcome.

 

NOTICES OF MOTION

 

Mr M P SIBANDE: Deputy Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the ANC:

 

That the Council -

 

(1) takes cognisance of the findings of Human Rights Watch some time ago on the dop [tot] system and the living and working conditions of farm workers on farms in the Western Cape;

 

(2) notes that Human Rights Watch in its briefing to the parliamentary Portfolio Committee on Labour and Agriculture last week, revealed -

 

(a) that the dop system is still being used by some farmers in the Western Cape as a method of payment or as payment for overtime;

 

(b) the poor living and working conditions of farm workers in the Western Cape, where some workers lived in converted pig sties while others had no access to electricity or clean water; and

 

(c) widespread cases of abuse, exploitation and human rights violations; and

 

(3) condemns these unlawful practices and abuses with utter dismay and calls on the Ministers of Labour and of Agriculture and their departments to launch a comprehensive investigation into these abuses and unlawful practices and to take harsh action against the perpetrators.

 

Mr D B FELDMAN: Hon Deputy Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of Cope:

 

That the Council -

 

(1) debates the delayed action by the Premier of KwaZulu-Natal, Zweli Mkhize, to sort out his provincial government which has failed the poor for too long;

 

(2) debates the premier’s admission that KwaZulu-Natal's human settlements and public works MEC Maggie Govender and agriculture and rural development MEC Lydia Johnson have failed to deliver basic services to the poor;

 

(3) notes that the axed Maggie Govender had failed to “provide houses to desperately poor and needy people” and resulted in KwaZulu-Natal losing R200 million in housing grants;

 

(4) acknowledges the unacceptability of Govender and Johnson continuing to be members of the legislature; and

(5) debates the urgent need for government to tackle political appointments head-on and to ensure that skilled and willing people are employed in the provinces.

 

Mr D A WORTH: Deputy Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the DA:

 

That the Council –

    

(1) notes that on Tuesday, 15 November 2011, 20 people, which included two young children, were killed in a horrific multi-vehicle accident on the N1 near Prince Albert;

 

(2) extends its condolences to all the family and friends who lost loved ones in this gruesome accident; and

 

(3) requests everyone on the roads, particularly over the December holiday period, to drive within the speed limit and to obey the rules of the road. Please Arrive Alive!

 

Mr W F FABER: Madam Deputy Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the DA:

 

That the Council –

    

(1) notes that the contract benefiting suspended ANC Youth League president Julius Malema cannot be cancelled because it would have serious legal implications, and the Public Protector’s spokesperson Kgalalelo Masibi said on Wednesday: “There could be possible unintended consequences by suspending in its entirety ... It is a binding agreement”;

 

(2) also notes that the contract has already been running for two years;

 

(3) further notes that Public Protector Thuli Madonsela met with the Limpopo roads and transport department on Wednesday and one portion of the contract was suspended: “Both parties agreed to suspend one aspect of the contract, that is, the participation of On-Point in the bid evaluation committee until the investigation is concluded,” her office said in a statement;

 

(4) notes that On-Point Engineering is partly owned by Malema’s family trust; and

 

(5) acknowledges that Ms Madonsela is probing claims that the Limpopo government awarded irregular tenders to On-Point Engineering, which benefited Malema.

 

Mr M J R DE VILLIERS: Deputy Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the DA:

 

That the Council –

    

(1) notes that crime in South Africa is one of the factors breaking down the economic growth of our country;

 

(2) further notes that the incidence of malicious damage to property per 100 000 of the population is 250,7; burglary at residential premises was 495,5; motor vehicle and motorcycle theft was 129 in 2007, which has a direct influence on the economy;

 

(3) acknowledges that according to economists Erik Alda and Jose Cuesta in the Journal of International Development, the estimated cost of crime in South Africa amounted to US$22,1 billion, which equalled R164 billion in 2007; and

 

(4) debates crime and how it influences poverty in South Africa.

 

Mr D JOSEPH: Deputy Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the DA:

 

That the Council –

(1) acknowledges that the government identifies and deals with socioeconomic factors such as poverty, crime, vandalism and gangsterism at schools;

 

(2) notes that many institutions of learning have now become institutions of safety;

 

(3) recognises that the government must build more schools as per the population need and ensure that learners receive education in their preferred language;

 

(4) notes that the ratio of teachers per class should be reviewed to ensure that quality education is promoted and that the slower learners are supported with adaptation classes; and

 

(5) encourages school principals, teachers and curriculum advisers to start a public participation process that will produce an educational system supported with technology and the best learning materials, which will decrease the gap between school and tertiary education and enable learners to contribute on all levels in South Africa and in the international arena.

 

Mr O DE BEER: Deputy Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of Cope:

 

That the Council debates –

    

(1) the opportunity for job creation offered by many large bulk ships and tankers passing this way to load in Brazil and off Saldanha Bay, that require dry docking;

 

(2) the nonexistent dry docking facilities in the southern hemisphere;

 

(3) the need to initiate construction of more terminals and Industrial Development Zones, IDZs, in Saldanha, which could create hundreds of jobs during its construction in the ship repair industry and other sectors; and

 

(4) the need for government to act in this regard before Namibia takes this development opportunity from under our noses.

 

Mr K A SINCLAIR: Deputy Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of Cope:

 

That the Council –

    

(1) notes the devastation and hardship caused by a series of veld fires in the Northern Cape, specifically in the Colesberg, Barkly West, Campbell and Mier districts;

 

(2) further notes the impending crisis facing citizens and especially the farming fraternity in these areas, whereby almost two hundred thousand hectares of veld have been destroyed, which will lead to the important loss of life, stock and assets; and

 

(3) calls on government to act urgently and declare these affected areas disaster areas and to put the necessary mechanisms in place to support and assist these farming communities financially to overcome this dreadful disaster.

 

DEATH OF SOLLY TYIBILIKA

 

(Draft Resolution)

 

Ms B V MNCUBE: Deputy Chairperson, I move without notice:

 

That the Council -

 

(1) notes with a great sense of loss and shock the brutal murder of former Springbok flanker Solly Tyibilika who was shot and killed in Gugulethu on Saturday, after two men opened fire in a tavern;

 

(2) further notes that Tyibilika grew up in the Eastern Cape and played for the Southern Kings squad that played against the British and Irish Lions during their tour to South Africa in 2009, and that he also played for the Sharks, the Lions and the Springboks, where he was capped eight times;

 

(3) further notes that Tyibilika made his debut for the Springboks in November 2004 in a match against Scotland, which South Africa won 45-10, and also played in the 2005 Tri-Nations series in a test against the Wallabies at Ellis Park, which the Springboks won 33-20;

 

(4) conveys its condolences to the Tyibilika family and friends on the loss of a young and gifted son whose contribution and commitment to South Africa will forever be engraved in the history of the game of rugby; and

 

(5) calls on the police and anyone with information to ensure that those responsible for the brutal murder of Tyibilika are made to face the full might of the law.

 

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

 

CLOSURE OF BAMBI CRÈCHE

 

(Draft Resolution)

 

Mr T A MASHAMAITE: Deputy Chair, I hereby move without notice:

That the Council -

 

(1) notes with utmost dismay and apprehension the decision of the Cape Peninsula University of Technology to terminate the lease of Bambi Crèche, which is one of the oldest and one of few crèches that cater for the children of the poorest parents across the central business district of the City of Cape Town;

 

(2) further notes that the Bambi Crèche forms an important part of the transitional history of the City of Cape Town and has been in operation for over 17 years and was created to address the need for childcare facilities for poor workers and parents who work in the CBD, particularly domestic workers, cleaners, security guards and employees of the SA Police Service, and even the children of some of the cleaners, security personnel and administrative staff of the Cape Peninsula University of Technology;

 

(3) acknowledges that the closure of Bambi Crèche will not only result in the loss of employment for the staff of the crèche whose immediate and extended families rely on their sole income, but will also result in the parents of the children arriving late and ultimately facing unfortunate reprisals from their employers; and

 

(4) calls on the management of the Cape Peninsula University of Technology, the Departments of Education and Labour to assist the parents, children and staff of Bambi Crèche who will fall victim to this inconsiderate decision to have their crèche closed down.

 

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

 

AFRIKAANS AS PREFERRED LANGUAGE FOR FURTHER STUDIES

 

(Draft Resolution)

 

Mev B L ABRAHAMS: Mnr die Adjunkvoorsitter, ek stel sonder kennisgewing voor:

 

Dat die Raad —

 

(1) kennis neem dat ’n meningsopname deur die Suid-Afrikaanse Onderwysersunie benadruk dat leerders by Afrikaans-medium skole hul verdere studie-onderrig in Afrikaans sal verkies;

 

(2) verder kennis neem dat hierdie meningspeiling gedoen is omdat dit blyk dat Stellenbosch-universiteit toenemend Afrikaans se regmatige plek onderdruk;

 

(3) erken dat die peiling toon dat 90,4% in Gauteng, 100% in Mpumalanga, 92,7% in die Noord-Kaap, 81,7% in die Oos-Kaap, 56,6% in KwaZulu-Natal en 76,6% in die Wes-Kaap Afrikaans as onderrigtaal in verdere tersiêre onderrig verkies; en

 

(4) aldus voorstel dat moedertaal-onderrig in skole en universiteite debatteer word.

(Translation of Afrikaans draft resolution follows.)

 

[Mrs B L ABRAHAMS: Deputy Chair, I hereby move without notice:

 

That the Council –

    

(1) notes that an opinion poll by the SA Teachers’ Union has stressed that learners at Afrikaans-medium schools would prefer their tuition in further studies to take place in Afrikaans;

 

(2)        further notes that this opinion poll was held because it would appear that Stellenbosch University is increasingly suppressing the rightful place of Afrikaans;

 

(3)        acknowledges that the poll has shown that a percentage of these learners, 90,4% in Gauteng, 100% in Mpumalanga, 92,7% in the Northern Cape, 81,7% in the Eastern Cape, 56,6% in KwaZulu-Natal and 76,6% in the Western Cape would prefer Afrikaans to be the language of tuition in their further tertiary education; and

 

(4) therefore proposes a debate on mother-tongue education at schools and universities.]

 

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

 

GREATER LETABA MUNICIPALITY INITIATIVE

 

(Draft Resolution)

 

Ms M C DIKGALE: Deputy Chair, I hereby move without notice:

 

That the Council -

 

(1) notes the initiative of the mayor of the Greater Letaba municipality in Limpopo province, Mr Godfrey Modjadji, that councillors dedicate two days every week to improve service delivery and the living conditions of the communities;

 

(2) notes that in terms of this initiative -

 

(a) councillors will on Mondays, and in addition to their normal functions and duties, in particular attend to the problems of their community, especially the indigent members of the community and, among others, identify destitute households, assisting families to get social grants, houses and other services; and

 

(b) on Wednesdays councillors will monitor all projects in their wards to ensure that they are properly implemented;

 

(3) further notes that with this initiative, the mayor demonstrates his determination and commitment to respond to the needs of the people and to eradicate poverty and to improve service delivery and the living conditions of the people; and

 

(4) commends the mayor on his initiative and calls on all other mayors and councillors to develop and implement innovative initiatives and programmes to improve the performance of their councils and administrations, and also to improve service delivery and the living conditions of their communities.

 

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

 

FOUR CHILDREN DIE OF HUNGER AND DEHYDRATION IN NORTH WEST PROVINCE

 

(Draft Resolution)

 

Mr M C MAINE: Deputy Chair, I hereby move without notice:

 

That the Council -

 

(1) notes with shock and sadness the death of four children, aged 2, 6, 7 and 9 respectively, of the Mmupele family near Lichtenburg in the North West province who died tragically of hunger and dehydration two weeks ago while trying to find their mother who had gone in search of food - the postmortem results confirmed their cause of death as such;

 

(2) further notes that no one in the family is employed, nor do they have identity documents to enable them to access social grants;

 

(3) acknowledges that this tragedy once again confirms the hardships suffered by poor people and the severe and tragic consequences of unemployment and poverty, especially in the rural areas;

 

(4) conveys its heartfelt condolences to the mother and the family on their bereavement; and

 

(5) while mourning the death of these children, calls on the Departments of Social Services and Home Affairs as well as the municipality to come to the rescue of this destitute and bereaved family.

 

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

 

WORLD AIDS DAY

 

(Draft Resolution)

 

MODULASETILO WA NTLO (Rre R J Tau): MotlatsaModulasetilo, ke tshitsinya gore:

 

Khansele -

 

(1) jaaka re itse gore ka Sedimonthole 1, e tla bo e le letsatsi leo re tla bong re ikgopotsa ka ga mogare wa HIV/AIDS;

 

(2) jaanong jaaka re ipaanyetsa letsatsi leo, rona jaaka baemedi ba setšhaba, re le Maloko a Palamente, ra re lekgotla le lalediwe go nna gona mo bekeng e e tlang mo letsatsing la 22 Ngwanatsele e leng la Tshiamiso ya Sebele;

 

(3) re gopotsa maloko a lekgotla gore ba le dirisetse go itlhatlhoba le go bona gore ba tshwenngwa ke malwetse a a feng a a jaaka kgatelelo, sukiri, kgatelelo ya madi e e kwa godimo jalojalo; mme

(4) jaanong ke leboga lekgotla le go ipiletsa gore balekgotla ba nne gona gore re kgone go bona gore a re tshela sentle.

(Translation of Setswana draft resolution follows.)

    

The HOUSE CHAIRPERSON (Mr R J Tau): Deputy Chairperson, I move without notice:

    

     That the Council –

 

(1) notes that 1 December will mark the commemoration of World Aids Day;

 

(2) as we prepare for that day, requests members of the Council, as the nation’s representatives and Members of Parliament, to be present next week on 22 November, which is Wellness Day;

 

(3) reminds members of the Council to use the day for testing themselves to check for illnesses such as stress, diabetes, high blood pressure, etc; and

 

(4) requests the members of the Council to be present so that we can see whether we are healthy or not.]

 

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

 

The DEPUTY CHAIRPERSON (Ms T C Memela): Hon Gunda.

 

Mr J J GUNDA: Deputy Chair, the hon Ncube has already spoken about that motion.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Actually, I called you because you are disturbing the Council. [Laughter.]

 

KIMBERLEY INTERNATIONAL DIAMOND AND JEWELLERY ACADEMY ESTABLISHED

 

(Draft Resolution)

 

Mr C J DE BEER: Deputy Chairperson, I move without notice:

 

That the Council -

 

(1) notes the establishment of the Kimberley International Diamond and Jewellery Academy in the Northern Cape on 4 November 2011;

 

(2) further notes that this institution will be a world-class training academy based in Kimberley that will offer essential skills, technology and research development in diamond processing, jewellery design and manufacturing;

 

(3) notes that 50 students are enrolled at the academy, seven from Zimbabwe, seven from Namibia, two from the Democratic Republic of the Congo and several students from the districts in the Northern Cape; and

 

(4) congratulates the Northern Cape government on developing such a comprehensive diamond strategy for the province, the country and the Southern African Development Community.

 

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

 

MOTION OF CONDOLENCE

 

(The late Nontsikelelo Magazi)

 

Mr T E CHAANE: Deputy Chair, I move without notice:

 

That the Council -

 

(1) notes with profound sadness and shock the tragic news of the death of the hon Ms Nontsikelelo Magazi who was a member of the ANC in the National Assembly;

 

(2) further notes that hon Magazi, who joined Parliament in 1999 and served with utmost commitment, humility and discipline in a number of parliamentary portfolio committees such as higher education and communications, will be laid to rest in Thokoza in the Gauteng province this coming Saturday, 19 November 2011; and

 

(3) takes this opportunity to convey its profound condolences to the family of hon Magazi and wishes them strength in these trying times.

 

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

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): May I then take this opportunity to ask members to stand up and let us observe a minute of silence?

 

The Council observed a moment of silence in honourof the late honourable Ms Nontsikelelo Magazi, MP.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): May her soul rest in peace. Thank you.

 

UNESCO INTERNATIONAL DAY OF TOLERANCE

 

(Draft Resolution)

 

Mr S S MAZOSIWE: Deputy Chair, I move without notice:

 

That the Council -

 

(1) notes that yesterday, 16 November 2011, the United Nations Educational, Scientific and Cultural Organisation, Unesco, celebrated the International Day of Tolerance to mark and underline the importance of the values of tolerance and nonviolence with the focus on the promotion of building trust in diverse communities across the world;

 

(2) further notes that this day is made significant by the fact that South Africa comes from a hideous history characterised by extreme race, gender, class and religious intolerance and prejudice that divided our communities and created a legacy of division and intolerance;

 

(3) acknowledges the important step taken by South Africa under the leadership of the ANC and former President Rolihlahla Mandela to mobilise South Africans to break with our divided past and embark on a path of peace, unity and freedom as the cornerstone of building a united, democratic, nonracial and nonsexist South Africa; and

 

(4) calls on all South Africans to observe this period with utmost sensibility and a renewed insurmountable sense of commitment to triumph over the repulsive characterisation and demeaning innuendoes that many of our people suffered under apartheid.

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

 

PUBLIC SAFETY STAFF STORM OFFICE OF RUSTENBURG MAYOR

 

(Draft Resolution)

 

Mr H B GROENEWALD: Hon Deputy Chairperson, on behalf of the DA, I move without notice:

 

That the Council -

 

(1) congratulates the municipality of Rustenburg, which suspended 18 employees because of lawlessness and anarchy, and is investigating several others who could be served with letters of suspension;

 

(2) notes that the staff were suspended as a result of last week’s protest when some of the public safety staff, in full uniform, allegedly brandishing guns, “stormed into the office” of the executive mayor, Mpho Khunou, and demanded to see him;

 

(3) further notes that they disregarded the mayor’s busy schedule and the fact that he had other commitments, deprived members of the community of municipal services, and incited and intimidated other staff; and

 

(4) notes that Mpho Khunou said that the behaviour displayed by some of the staff members was tantamount to ill discipline.

 

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

 

MURDER OF PRIMARY SCHOOL TEACHER IN LIMPOPO CLASSROOM

 

(Draft Resolution)

 

Mr T M H MOFOKENG: Deputy Chair, I move without notice:

 

That the Council -

 

(1) notes with utmost apprehension the brutal murder of a teacher of Mmasehlong Primary School, northwest of Polokwane, who was murdered by his brother who burst into a Grade 7 classroom where his brother was monitoring pupils writing their exams and hacked him to death with a panga;

 

(2) further notes that the suspect was later apprehended by members of the community in the school yard before he escaped and turned himself in to the police;

 

(3) condemns in the harshest possible terms this callous and reckless act, which undermines the integrity and safety of learners and teachers in our schools; and

 

(4) calls on the MEC for education in Limpopo to strengthen the safety of learners and teachers in schools.

 

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

 

WATER MANAGEMENT AND RESOURCES: ADVANCING NATIONAL WATER RESOURCE MANAGEMENT FOR SUSTAINABLE WATER SUPPLY TO OUR PEOPLE

 

(Subject for Discussion)

 

Ms B V MNCUBE: Deputy Chairperson, 56 years ago the people of South Africa gathered in Kliptown and adopted the Freedom Charter. Allow me then to quote from the Freedom Charter:

 

The land shall be shared amongst those who work it!

 

The state shall help the peasants with implements, seeds, tractors and dams to save the soil and assist the tillers.

 

It is against this backdrop that the ANC-led government adopted the South African Constitution with the Bill of Rights, in particular clause 27(1), which says:

(1)        Everyone has the right to ... —

       (a) health care ...

       (b) ... food and water; and

       (c) social security ...

 

And —

 

(2)        The state must take reasonable legislative and other measures within its available resources to achieve the progressive realisation of each of these rights.

 

I am therefore humbled to debate under the theme “Advancing national water resource management for sustainable water supply to our people”.

 

Water is one of the basic rights that a human being must access. South Africa faces a number of critical environmental challenges, ranging from land degradation to the obliteration of finite resources, but it is the problem of acid mine drainage that may be its most perilous hazard in terms of the ramifications.

 

South Africa is a country beset by a water security dilemma, whilst on the economic front the country is driven by a strong mining industry. These two trends have become more precariously positioned in relation to one another over the past decade as a result of the spewing of highly acidic water into the country’s water system, endangering communities, as well as ecosystems, along the Vaal River in Gauteng and the Limpopo River.

 

What is putting undue stress on Gauteng province and the economy is the strained water environment that potentially undermines the agricultural and industrial sectors.

 

Sewage is currently threatening the World Heritage Site located in the region known as the Cradle of Humankind. The polluted water that originates from the abandoned mines is threatening residential communities residing in the vicinity, especially along the Vaal, West Rand, Ekurhuleni and Limpopo Rivers.

 

The ANC-led government has inherited this problem, as South Africa’s gold mining industry commenced in the 1880s. The problem is due to the historical inability of the previous regime to hold the mining industry to account through the polluter-pays principle.

 

Due to the high costs involved, no one is willing to shoulder the burden. This then calls for a review of our policies, particularly those of the Departments of Mineral Resources and of Water and Environmental Affairs, to include the polluter-pays principle in the licences and ensure companies pay retrospectively.

 

The government cannot be left to bear the brunt of rehabilitating the environment and caring for the sick. We welcome the Cabinet decision to approve the plan to combat acid water drainage from the mines. The scary part of the research report is the one which cites that approximately 80% of South Africa’s water will be undrinkable by 2015 as a result of severe pollution. So, the sooner we integrate policies to preserve water and water management, the better.

 

When I was young, I once heard that the next world war would be about water. At that time, it was just Greek to me, but now I see the reality is worse as we are experiencing the effects of global warming and climate change in different parts of our country. [Interjections.] Hon Deputy Chairperson, they are disturbing me.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Mncube, please hold on. Hon Bloem, could you please move back to your seat and stop disturbing people who are debating. You may continue, hon Mncube.

 

Ms B V MNCUBE: Heavy rains and floods affect us in December, January, February and March, and lead to rivers overflowing. This causes floods in low-lying areas and dams being filled to capacity. When we open the gate sluices, the low-lying areas are flooded.

 

The absence of catchment areas allows this water to damage infrastructure, kill people and be wasted. Therefore, there is an urgent need for interventions, by building infrastructure for catchments, reservoirs and preserving water. This calls for an integrated strategy from Rural Development and Land Reform, Water and Environmental Affairs, Co-operative Governance and Traditional Affairs, Mineral Resources and Human Settlements.

 

In Gauteng, North West and Mpumalanga, we have rivers and dams which cannot be used by communities and municipalities to access water because of privatisation, water rights and water contamination.

 

In the North West, around the Hartebeespoort Dam, residents are currently withholding rates, alleging that the water is dirty. Communities and industries pollute water by throwing everything into it because of a lack of education and an understanding of how precious water is and what threats the country faces. There is a need to look into increasing the number of dams to contain the overflow from the rivers and existing dams.

 

These rivers and dams are not linked to irrigation schemes, agriculture or home use, but to individuals who use them for private purposes such as leisure and boating, whilst poor communities in rural areas and informal settlements suffer. Examples of this are the Vaal River in Gauteng, Loskop Dam, Badplaas, Jericho Dam in Mpumalanga and many more.

 

Access to water is a basic right that the government, communities, NGOs and businesses must fight for side by side. It is in this decade that the commitment enshrined in the South African Constitution has to be realised.

 

We are just fresh from the census which is going to tell us about the total population per province and then respond to the gaps identified accordingly by having short-, medium- and long-term interventions. I would like to commend the municipalities that have prioritised the supply of water to communities such as Johannesburg Metro, etc. However, a national strategy on water use and management has to be put in place to ensure that communities in the dry areas also benefit.

 

Lessons have to be learnt from Lesotho with its Lesotho Highlands supplying areas as far away as Gauteng. Legislation has been put in place by the ANC-led government to transform water policy, water law and water resources management between 1997 and 2011. There is a dire need to increase the pace of implementation, enforcement, monitoring and evaluation.

 

The government has given people seeds, tractors, spades and land for agriculture, but the main issue is access to water for irrigation, even for those people who are on the banks of the rivers.

 

In conclusion, let me make a call to all businesspeople, farm owners, current mining houses, former owners of mining houses and all those who hold water rights, to work together with the government, municipalities and communities to find a way of addressing this timebomb.

 

If we love this beautiful country, this rainbow nation, we can be more patriotic and do the right thing. I thank you. Malibongwe! [Praise!] [Applause.]

 

Mr D A WORTH: Deputy Chairperson, hon MECs present and hon members, it is common knowledge that some 98% of all available water has already been allocated in South Africa. The lack of availability of new water resources may soon become a major restriction of growth in the country.

 

Scarce water impacts on social as well as economic development. South Africa is the thirtieth driest country in the world and faces the challenges of a growing population and economy. The building of more dams is not always the answer.

 

The Department of Water and Environmental Affairs is completing the De Hoop Dam in the Limpopo province. It has recently approved the implementation plan for the second phase of the Lesotho Highlands Water Project at a total investment cost of R15,4 billion by the year 2020. This project, in addition to the existing Katse Dam in Lesotho, should ensure an adequate water supply to the Vaal system until approximately 2045.

 

The World Bank has in addition recently approved a loan of R554 million to support the government of Mozambique’s National Water Resources Development Project which aims, amongst other things, to strengthen the development and management of national water resources and to increase the water from the Corumana Dam on the Sabie River in the Maputo province.

 

The Minister of Mineral Resources grants licences for mining operations with little or no interaction with the Department of Water and Environmental Affairs. Mining companies must be held accountable, as we have heard, after mines are closed, and must ensure that mine areas are rehabilitated.

 

Acid mine water, the result of groundwater flowing through underground shafts, is decanting from an old uranium mine near Krugersdorp and rising half a metre a day beneath Johannesburg.

 

Government is adamant that it is managing the problem, but despite a November 2011 deadline to start a water treatment plan, a R225 million allocation from Treasury has yet to be paid to the parastatal mandated to implement the plan, namely the Trans-Caledon Tunnel Authority.

 

It is reported that up to 43% of the R934 million requested for long-term water treatment will be spent on staff salaries, transport and accommodation and not on treating the water! Something urgent must be done before our other limited water resources are contaminated. Hopefully, some of the treated acid mine water will be suitable for at least agricultural purposes.

 

South Africa is amongst the biggest emitters of carbon dioxide in the world and certainly the biggest in Africa. Many parts of the continent are vulnerable to changes of climate because of the large variability in rainfall, which has in recent history caused severe multiyear droughts and disruptive flooding in various parts of the continent.

 

Development projects and plans need to build in resilience to future climate change. So developments need to be designed to cope with a wider range of climate conditions than those prevailing at present.

 

In my own province, the Free State, the seasonal changes have adjusted by at least two or three months. Whatever the outcome at the UN Framework Convention on Climate Change and its upcoming Cop 17 meeting in Durban, the climate will continue to warm, with dire consequences for Southern Africa, until hopefully somewhere in the future global warming will be brought under control and stabilised.

 

The threats to water quality in our country are numerous, whether it is failing wastewater treatment plants, bursting water pipes because of poor maintenance at municipal level, runoff from agricultural pesticides or industrial pollution. Likewise action must be taken against industries, farmers and users that are using water illegally.

 

Unless we start recycling water in a massive way and unless we start utilising new sources of water such as the desalinisation of sea water, used on a large scale in the Middle East, but which is an expensive process, the country’s economy will not grow. New jobs will not be created and human environmental health will be put at risk.

 

The government wishes to create more jobs through mining and agriculture, both of which use lots of water. The Minister stated at the 2011 Green Drop Awards that despite the increase in the wastewater plants assessed, the systems that scored more than 50% had decreased from 49% in 2009 to 44% in 2011. The DA welcomes the approval of the National Waste Management Strategy and trusts that it will be vigorously implemented. I thank you.

 

Mr S GQOBANA (Eastern Cape): Deputy Chairperson, hon members, ladies and gentlemen, as you may be aware, after the long protracted drought in the Eastern Cape the good rains finally came early in the year, which meant that the drought had finally been broken. I must hasten to say that the drought came at a cost as many dams ran bone-dry, which meant that severe water restrictions had to be imposed.

 

This also resulted in many job losses in the Gamtoos Valley and other areas. Many people were subjected to higher water charges and municipalities had to cart water at huge costs. The drought relief funding of R86 million allocated by National Treasury was not nearly enough, which meant that many municipalities had to dig deep into their own reserves.

 

The drought also had a huge effect on economic development, as various irrigation schemes and housing projects were put on hold. The fact that many municipalities suffered from aging infrastructure as well as a lack of operation and maintenance also contributed to the hardship our people had to endure.

 

Nelson Mandela Bay Metro was allocated R450 million for emergency drought relief, which is being used to bring forward the Nooitgedacht  Pipeline Scheme project which will provide much-needed water for Port Elizabeth. 

 

Currently, all the dams in the province are nearly full and it is expected that we will receive normal to average rainfall. During this time of drought we embarked on many creative initiatives to save water such as water conservation and demand management through fixing up leaks.

 

The investment in rainwater harvesting tanks was also welcomed by many communities. Municipalities were also encouraged to consider alternative water resources, such as the use of groundwater, boreholes, recycling and the re-use of treated wastewater and desalination, as was the case in Ndlambe Local Municipality.

 

The Minister of Water Affairs and Environmental in her budget speech committed her department to provide leadership on the construction of the Umzimvubu Dam as well as the construction of the Zalu Dam outside Adelaide by 2016 and 2018 respectively.

 

I am aware that Water Affairs has allocated R1,08 billion over the next three years through its regional bulk infrastructure grant programme. There are currently 16 projects under way in the province across all district municipalities.

 

Just to mention a few, there is the construction of Ludeke Dam at a cost of R995 million to provide water in the Mbizana area; the completion of the Coffee Bay regional bulk water scheme at a cost of R53 million, which will provide water to communities from Mqanduli to Coffee Bay; as well as the completion of Mncwasa regional bulk water scheme in the Amatola District Municipality area.

 

During Minister Molewa’s visit to Ndlambe Local Municipality in April 2011, she committed her department to the provision of water from the Lower Fish River, which will provide water to Port Alfred and the surrounding areas. Most significantly, this project will ensure that the Thornhill housing project, which was put on hold due to unavailability of water, can now proceed.

 

I know that Water Affairs has also spent over R400 million on the rehabilitation of important irrigation schemes such as Ncora, Qamata and Gamtoos River Valley, and they are planning to raise the dam wall at the Kouga Dam.

 

Water is an important catalyst in all aspects of our people’s lives. Therefore municipalities are being encouraged to ensure that sufficient budget is set aside through their municipal infrastructure grant funds in their integrated development plans, and to ensure that proper water sector development plans are in place.

 

Finally, there are various structures in the province, such as the Eastern Cape Water Committee and the provincial water forum, chaired by the hon MEC for local government and traditional affairs, which meet regularly to strategise on water-related matters. Water is a scarce resource and I want to encourage all of us to save every drop of water. I thank you.

 

The HOUSE CHAIRPERSON (Mrs N W Magadla): Deputy Chairperson, distinguished guests and hon members, I’m here on behalf of the select committee chairperson, hon Qikani. I wish her daughter a speedy recovery after her accident.

In less than 10 days, our nation will host the global community as part of the 17th Conference of the Parties, commonly known as Cop 17. Central to the talks of Cop 17 will be discussions on how climate change and global warming adversely affect our natural resources such as water and the environment.

 

Allow me to express our profound appreciation that this important event takes place on the shores of our nation and at an opportune time when we are in the process of rallying all our people to join the fight against global warming and the degradation of our natural resources.

 

Cop 17 is made even more significant because by 1990, already the impact of water shortage was being felt across the globe. The World Bank wrote in respect of its water policy reform programme:

 

Water is essential for all dimensions of life. Over the past few decades, use of water has increased, and in many places water availability is falling to crisis levels. More than eighty countries, with forty per cent of the world’s population, are already facing water shortages, while by year 2020 the world’s population will double. The costs of water infrastructure have risen dramatically. The quality of water in rivers and underground has deteriorated, due to pollution by waste and contaminants from cities, industry and agriculture. Ecosystems are being destroyed, sometimes permanently. Over one billion people lack safe water, and three billion lack sanitation; eighty per cent of infectious diseases are waterborne, killing millions of children each year.

 

This view was also shared later in the same year by the chairman of the World Commission on Water for the 21st Century at the water forum in the Netherlands, when he said:

 

Water has become a highly precious resource. There are some places where a barrel of water costs more than a barrel of oil. More than one-half of the world’s major rivers are being seriously depleted and polluted, degrading and poisoning the surrounding ecosystems, thus threatening the health and livelihood of people who depend upon them for irrigation, drinking and industrial water.

 

If by 1999 there was already this great concern about the decreasing volumes of water, then indeed, 12 years later water - which for many of our people is supposed to be a basic service - should be a scarce resource.

 

South Africa is one of the few countries in the world that enshrines the basic right to sufficient water in its Constitution, which states that everyone has the right to have access to sufficient food and water. However, much remains to be done to fulfil this right. As we speak now, most of our communities, especially our rural communities, are struggling to access this basic right.

 

After the end of apartheid, our democratic government inherited huge service backlogs with respect to access to water supply and sanitation. People and communities at large are still complaining about this problem and the challenge to access water is becoming huge. People complain about not having water at all, not having enough water, the scarcity of clean water or having no community water supply, etc, depending on where they live.

 

In the Eastern Cape province ...

 

... ngakumbi emaMpondweni aseMpuma kunye naekwaZulu-Natal, eMzinyathi, ieMkhanyakude nakwiesiThili sasesiSonke ... [... especially among the Mpondo tribes in the East and KwaZulu-Natal, Mzinyathi, Mkhanyakude and the Sisonke district ...]

 

... there are still areas where they access water from a river which is a kilometre away.

 

In some areas that have no rivers at all or have rivers but not sufficient water, it is a struggle to get water. There are instances in which, because there is no running water for them, people would share water with animals.

 

This means that access to safe, potable water continues to be one of the most pressing challenges for rural communities in our country. However, going through these areas and communities, one will find pockets of water, which maybe will need to be purified for consumption or managed for irrigation purposes.

 

We know that the democratic government, over the past years, has tried to correct this situation by developing a number of programmes, policies and feasibility studies which seek to address the management of this scarce and important resource.

 

In the Eastern Cape, for example, a case study on water conservation and a demand management project implemented by the Mvula Trust on behalf of the Department of Water Affairs in Ndlambe Local Municipality, from July 2008 to March 2010, revealed that the Ndlambe Local Municipality, as the MEC has alluded to, was facing a crisis in 2008. This crisis was as a result of huge water losses, wastage and inefficiency in its water supply network, causing considerable loss of revenue and water supply shortages in many communities.

 

The result of this was that all the water supply sources for Ndlambe were almost dry. About 15 million people were without a safe water supply. Therefore, the Department of Water Affairs appointed the Mvula Trust to assist Ndlambe to pilot a water conservation and water demand management project. The primary aim of the project was to minimise water losses, wastage and inefficiency through social, technical, economic, institutional and legislative interventions.

 

As you would know, we are just coming back from a long but very interesting trip of Taking Parliament to the People, to the Mzinyathi District in KwaZulu-Natal. With regard to everything that we heard from the people of that part of the country and all their needs, the President responded by outlining all programmes that were already being implemented and those that are still in the pipeline.

 

He made mention, especially in relation to water, of the fact that they are busy considering expanding the water supplies, that the number of boreholes will be increased and the water treatment plant will also be expanded soon. [Interjections.] Chairperson, they are disturbing me.

 

Also, we will establish the small dams projects to address the lack of bulk water supply and eradicate the water tank truck delivery system.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): I am a bit disturbed by some of the members here. It seems as if the items we are debating are of no interest to them. They are continually disturbing the people who are debating. If that is the case, then according to procedure I will actually be forced to tell some members to leave the Chamber. [Interjections.]

 

An HON MEMBER: It is hon Gunda.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): It is not only hon Gunda. [Interjections.] You will be the first one, hon Feldman.

 

The HOUSE CHAIRPERSON (Mrs N W Magadla): They have plenty of water in their houses. That is why they are howling.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Continue, hon Magadla.

 

Mr K A SINCLAIR: I said nothing.

 

The HOUSE CHAIRPERSON (Mrs N W Magadla): In certain provinces, the quality and availability of the water from the rivers, dams and freshwater sources ... [Interjections.]

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Magadla, I’m sorry to disturb you. Hon Feldman, with due respect, please sit. Hon Sinclair, sorry, can you please sit down and stop being naughty. Allow the lady to continue the debate, please, I’m pleading with you.

 

Mr K A SINCLAIR: Yes, Chair, but I’m pleading with you, Chairperson, in terms of my right, to listen to what I have to say. It’s my right, it’s not a privilege.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Can you do that later?

 

Mr K A SINCLAIR: I want to ...

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Time is against us here. Some members are having another meeting immediately after this. Can you put it in writing, please?

 

Mr K A SINCLAIR: No, Chairperson, on a point of order: I want to raise that I honestly said nothing in terms of the remarks made, and you said I would be the first one to leave the House. It’s unfair and so I want you to reconsider your position.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): You are not Feldman, you are Sinclair. Sit down. [Laughter.]

 

Mr K A SINCLAIR: Yes, but Mr Feldman is sitting on that side.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Please, it’s not me. Sit down, Mr Sinclair; please, sit down.

 

The HOUSE CHAIRPERSON (Mrs N W Magadla): Chairperson, despite all these things, allow me to express our profound appreciation to the ANC government for its commitment to looking at all possible means to advance national water resource management for a sustainable water supply to our people.

 

As our former President, President Nelson Mandela, once stated when he made a humble plea:

 

Let there be work, bread, water and salt for all.

 

Let us all remain resolute in our national quest to ensure that our people have access to clean water and that we continue to build more avenues and systems for water resource management preservation. Thank you. [Applause.]

 

Mr M W MAKHUBELA: Deputy Chairperson of the NCOP, hon members of the House access to water is internationally recognised as a basic human and fundamental right. Water is part of the socioeconomic processes that play an important role in improving human livelihood and reducing poverty.

 

Moreover, water is essential to energy resources, manufacturing processes and industrial activities required for economic development. The fundamental principle that guides the National Water Act, Act 36 of 1998, is that water is a national resource that is owned by the people of South Africa.

 

The state has custodianship over the use of this resource. This use includes the management of this resource in a holistic, environmental and ecological manner. Therefore the state must create the ultimate vision for a lasting solution.

 

In South Africa, 45% of our population lives on less than US$1 a day and government, in its New Growth Path, has identified water as a strategic catalyst for the achievement of the economic growth objective. Proper water management and co-ordination of these resources therefore is of critical importance.

 

One of the main challenges, with regard to water management in South Africa, remains how to turn concepts and strategies into practical action on the ground. We live in the most unequal society in the world; therefore different South Africans face very different water challenges.

 

Safe access to water can avoid more than 2 million preventable deaths a year. It increases for many people the ability to work and reduces child labour and school absenteeism.

 

Rapid unplanned urbanisation, climate change that results in poor rainfall, lack of skills in the water sectors and aging infrastructure are just a few of the issues facing water management in South Africa. Within the rural setting the challenge in getting water to people is that villages are usually located at remote points from the infrastructure.

 

In addition, many South African municipal waste treatment plants are not performing to acceptable standards as far as water is concerned. A lack of skills, financial capacity and infrastructure investment exacerbates this problem.

 

Political will is required to overcome this administrative and management challenge. While South Africa has an advanced National Water Act that has all the legal clauses required to take action against the municipalities and industries that transgress against discharging their duties, standard implementation is often lacking. I thank you.

 

Cllr C HUNSINGER (Salga): Deputy Chairperson of the NCOP, hon MECs, hon members and special delegates, the promulgation of the National Water Act, Act 36 of 1998, marked a new era in the management and delivery of water resources in South Africa.

 

Water as a catalyst and cornerstone of socioeconomic development must be managed, protected, conserved and allocated in the best interests of all South Africans and in accordance with the principles embedded in the National Water Resources Strategy, the NWRS.

 

To date, the current water resources storage facilities have, to some extent, responded positively to the needs of South Africans. However, there are still major challenges to overcome.

 

We all know that South Africa’s water resources are limited. Studies have indicated that some water resource systems are already in deficit. If water is not conserved and allocated equitably, it will undermine the country’s transformation agenda. Some provinces do not have adequate water resource storage facilities. Cases in point are the Lowveld area in Mpumalanga and the eastern parts of the Free State.

 

Municipalities in these areas are unable to provide reliable water services to their communities, due to a lack of storage facilities. This limitation hinders the country’s ability to meet the 2014 water and sanitation targets. In this regard, the key limitation is the absence of institutions of water resource management and water boards in most parts of the country.

 

The design arrangement was that there would be catchment management agencies that would be responsible for water resource mobilisation management and allocation. Seventeen years into our democracy, these have not been established, and this is the case in most parts of the country.

 

Further, most parts of the country – especially the nonmetropolitan areas where municipalities are relatively weaker due to financial constraints – do not have water boards to undertake the functions of producing bulk potable water. These failures by national government mean that the relatively weaker municipalities have to perform these two functions or accept that they will not be able to ensure their communities’ access to a water supply.

 

Parliament needs to seriously probe the reasons for the failure to create catchment management agencies or establish water boards in areas where there is a need for provision of bulk purified water services.

 

The SA Institute of Civil Engineers recently released a report on the state of water resources infrastructure in South Africa. Water resources infrastructure received a D-minus; simply put, it means that there are areas of concern about how the country’s dams are being managed by the Department of Water and Environmental Affairs.

 

Of concern, according to the report, is the lack of sufficient maintenance and neglect of ongoing capital renewals. Furthermore, the report also indicated that salinity and purification constitute a threat that will lead to an increase in treatment costs. These things lead to a situation where water boards incur higher costs for water treatment, which they intend to pass on to the municipalities through high bulk-price increases, as we have seen in the past two years. Municipalities are then left with no option but to pass these increases on to consumers.

 

Unfortunately, the impact of all these things is that there is an increase in levels of nonpayment for services, which in turn leads to municipalities being unable to pay the water boards. This undermines the financial viability of our municipalities and, ultimately, service delivery and the democratic transformation project.

 

This indicates that water equality management has far-reaching implications beyond the water sector. It is about the very functionality of our municipalities and the democratic transformation project.

 

Water is life and, therefore, indispensable. Some communities do not have access to water resources because they are being told by the Department of Water and Environmental Affairs officials that the available water resources are fully allocated.

 

In many cases, this allocation is historical and allocated in favour of the previously advantaged, especially farmers. Needless to say, this is an issue of importance from the perspective of redressing the imbalances of the past. From our point of view, this is a transformation blind spot of the water sector. Parliament needs to facilitate a review of the allocation of the country’s resources. In part, this may necessitate a focus on how and by whom decisions on water allocation are taken, in addition to reviewing the historical allocations.

 

We know that some parts of the country are going to face constraints in respect of access to fresh water due to climate change. As a means of adaptation to climate change some coastal municipalities will increasingly have to rely on seawater desalination.

 

This is currently an expensive option, in terms of both capital and operating costs. The question we are asking is: If national government is responsible for water resource mobilisation and management, why are municipalities made to contribute to the cost of investing in desalination plants?

 

We propose that Parliament should make a ruling that water desalination and water demand management should be seen as part of water resource mobilisation and management, be made a responsibility of national government and be funded as such.

 

In conclusion, going forward, water resource management should indeed make room for local voices for it to resonate with the country’s democratic transformation project. I thank you. [Applause.]

 

Ms N MAYATHULA-KHOZA (Gauteng): Deputy Chairperson and hon members, I bring greetings from the Gauteng provincial government, led by the hon premier, Nomvula Mokonyane.

 

Water is a constitutional right and we need to ensure that there is universal access to water for all our people. They should have access to affordable and quality water. At the same time, we must also manage this natural resource for our future generations.

 

Gauteng has a strategy on sustainable water supply and water quality, and I realise that it is in line with the topic of the debate today of “Advancing national water resource management for sustainable water supply to our people”.

 

Since 2005, the national Department of Water and Environmental Affairs, in partnership with our province and other key stakeholders, has been planning and driving the process for an adequate and sustainable water supply to Gauteng. The sector departments in the province, various industries and interested stakeholders have been participating in the process.

 

We had a water summit in 2005, which paved the way for the collaboration between sector departments and municipalities as to the requirements and recommendations made at the summit. Other water indabas have also been held to report on progress and to strategise. This has paved the way for the development of the Water for Growth and Development initiative in Gauteng.

 

The province has also conducted many studies with the objective to determine whether a sufficient water supply will be available to boost the economic growth and development for Gauteng. One of the key studies finalised was the Vaal River System: Large Bulk Water Supply Reconciliation Strategy in 2009.

 

The study focused on the supply area of the Vaal River system, which stretches from Gauteng to the Mpumalanga Highveld, the North West province, the Free State and the Northern Cape. The Vaal River system was augmented by schemes from the Tugela and Usutu Rivers, as well as the Lesotho Highlands Project, to meet the growing water requirements and interbasin transfer schemes.

 

Other studies that were concluded were the Gauteng Water Sector Plan and the implementation strategy, which was developed in 2006, covering the period 2006 to 2011. In September 2008, the municipal water indabas were held to develop regulations and to look at skills plans, financial plans, asset management plans, sanitation plans, as well as an integrated water resource and conciliation strategy.

 

During 2009, the Blue Drop Certification was developed for drinking water and quality management, and the Green Drop Certification was developed for waste water management nationally.

Our province, in partnership with the Department of Water and Environmental Affairs and the Rand Water Board – at least we do have a Rand Water Board, a water utility in Gauteng – also carried out studies on water losses in municipalities and implemented projects for water conservation and water demand management.

 

We do want to salute the municipalities in Gauteng, led by Johannesburg, for taking this matter of conserving water very seriously. In 2009, the province conducted a status quo report on all the waste water treatment plants in the province, covering the age of the plants, type of technology, capacity and overloading, staff capacity, as well as skills, functionality, analysis of effluent compliance and the operations and maintenance issues.

 

We do acknowledge that South Africa is indeed a water-scarce country and Gauteng, being the economic hub, needs to support the growing demand for water required by the developing economy and population. As such, we are at work, addressing challenges such as rapid urbanisation. We cannot stop people coming from other provinces into our province, into Johannesburg, with the hope of getting jobs and shelter, so we welcome them with open arms in Gauteng.

 

We are also addressing issues of service delivery backlogs and their related impact; job creation; skills shortage; sustainable free basic services – in particular, access to water; as well as waste water quality compliance.

Not all of our metropolitan areas are located close to major rivers which can support the water supply. All of the above challenges in some way or another have an impact on water and the environment; hence, our municipalities have taken this matter very seriously and have committed themselves to sustain water resources.

 

We also believe that the citizens of Gauteng and South Africa have a role to play. The role of citizens must be developed via training and education. The middle and high-income groups, however, tend not to appreciate the seriousness of water conservation and demand management required in the province and the country.

 

We are, however, addressing this matter with the citizens of Gauteng. It is important for all of us to treasure water. All households have a responsibility to work with the municipalities and sector departments to ensure that water is used appropriately and conserved.

 

We have also agreed on various mitigating approaches and strategies to sustain the water supplies in our province, which include rainwater harvesting. We believe that rainwater harvesting is very relevant and effective in the urban edge of Gauteng.

 

Most informal areas are farmland, which creates an investment problem in line with government policy. We have, however, agreed with various municipalities and the farming sector that we must indeed harvest the rainwater. This will also improve the lives of the poor who live off the land, in terms of access to water for local farming, cooking, drinking and bathing.

 

We have also looked at the role of the agricultural sector, as well as mining, because we believe that these sectors also consume a lot of water. Agriculture and mines have a great role to play in water usage, water recharging and water pollution.

 

In agriculture, the use of water from the Vaal River system is important, as it reduces the available water resources to power our economy. The use of fertilisers and run-off from the farming operations can also pollute the river water and lead to additional expenses in the purification process.

 

We have had various meetings with our farmers, and we have all agreed that we really need to look at mitigating the challenges. In the mining sector, seepage of water into the mines is a challenge, and it has to be regularly pumped out for mining operations to continue.

 

I am happy that hon Mncube, who spoke before me, has addressed the challenge of acid mine drainage, something which we are also addressing in Gauteng. Therefore I am not going to waste time by referring to that. It has been adequately covered. We therefore believe that the monitoring of mining operations and their impact on the environment must be regulated by the Department of Water and Environmental Affairs.

 

The pillars of the Water for Growth and Development Framework strategy are the following. The first pillar is about strengthening sectoral co-operation and planning. We believe that the government alone cannot achieve the management of water resources in a sustainable manner.

 

Therefore we feel that we need to work together with other stakeholders, wherever they are. This is also about a water mix which should be at the forefront of planning, looking at the water supply, as well as looking at surface water, groundwater, return flows and waste water, as we discussed.

 

We are also committed to ensure that ...

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon member, may I disturb you for a moment. Hon Tau?

 

The HOUSE CHAIRPERSON (Mr R J Tau): Deputy Chairperson, whilst listening to the hon member giving such beautiful input, is it parliamentary for Members of Parliament to eat in the House whilst an MEC, in particular, is addressing us on matters that affect her province? Thank you.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon members, I would ask the member who has been caught eating to stand up. [Laughter.]

 

Mr H B GROENEWALD: It must be an ANC member!

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): I saw the person coming in with a food parcel. Can that person stand up? [Laughter.]

 

Mr B NESI: Deputy Chair, this is medicine.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): You are not allowed to eat in Parliament.

 

Mr B NESI: No, this is medicine, Deputy Chair.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): No, do me a favour and take a walk and eat outside and not inside here. [Laughter.] Do me that favour. Continue, hon MEC from Gauteng.

 

Ms N MAYATHULA-KHOZA (Gauteng): Deputy Chairperson, the second pillar of the strategy is to enhance financial viability and water security. We will do this by addressing service delivery backlogs in our province, together with our municipalities. We will also look at changing water-use behaviour for the future, in conjunction with awareness, education and training.

We will also prioritise development according to the needs of our people. We will refurbish operations and perform maintenance on existing infrastructure. We will look at the water quality management and commission control.

 

The third pillar of our strategy is about resource implications. We will look at the human capital implications, financial requirements, skills development, systems infrastructure status, as well as asset management.

 

We have also agreed on short-term, medium-term and long-term plans for our authorities, our municipalities, to look at. We have agreed that they will include these matters in their integrated development plans, IDPs, and they must also include issues of economic development, as we deal with water management, and also look at social development, sustainability of supply, environmental protection, community acceptance and energy efficiency.

 

Mr M J R DE VILLIERS: Thank you.

 

Ms N MAYATHULA-KHOZA (Gauteng): I would like to conclude ... Am I done? Thank you, Deputy Chair.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon member, you can conclude. We took of your minutes. [Interjections.]

 

Ms N MAYATHULA-KHOZA (Gauteng): Deputy Chair, I would like to conclude by saying that as we go to the Cop 17 conference, we in Gauteng are also taking this matter very seriously, and we are looking at various approaches and strategies to mitigate the effects of climate change on water resources, and also to adapt our ways of doing things in the province.

 

We believe that advancing national water resource management for sustainable water supply to our people is a must, if we want to create better lives for all. We all need to subscribe to sustainable development principles when we manage our scarce resources. This is because societies that subscribe to sustainable development should use resources in a way that does not affect the ability of the environment to provide these same resources to future generations. In this way, we will advance towards our ideals of the Millennium Development Goals. I thank you. [Applause.]

 

Mr M H MOKGOBI: Deputy Chair, on behalf of the ANC, I would like to confirm that South Africa is a semi-arid country with an average rainfall of about 450 mm per year, which is well below the world average of 860 mm per year. We therefore have limited water resources.

 

This provides us with a major challenge to ensure that we plan and research initiatives and sustainable methods to preserve our water resources. Unless we do so, South Africa will become like Somalia. Water is critical for our very existence and welfare, for both human consumption and our development as a country.

 

The 2002 National Water Resource Strategy states:

 

Water gives life. It waters the fields of farmers; it nurtures the crops and stock of rural communities; it provides recreation for our friends, our children, our families; it supports our power generation, our mines, our industries and the plants and animals that make up ecosystems. Water is the key to development and a good quality of life ...

 

... for all South Africa and the world.

 

We therefore say that to have economic prosperity, we cannot do without a proper strategy for water management. It is for this reason that the ANC in its 2007 Polokwane resolutions specifically mentioned the need for an integrated water resource management plan, particularly in terms of local government planning to ensure that water is used in a sustainable, equitable and efficient manner.

 

It also states that water allocation reforms and the allocation of water licences to historically disadvantaged persons must be reviewed with regard to water rights. It is the very essence of the legacy of apartheid that we are still grappling with to ensure that the poor and the disadvantaged get water, since the planning is around the perpetuation of fragmented spatial apartheid.

 

I am happy to note that our government, as a public trustee of the nation’s water resources, has prioritised water resource management to ensure that it is in line with the Polokwane resolutions. Water should be protected, developed, conserved, managed and controlled in an equitable and sustainable manner for the benefit of all South Africans.

 

The National Water Resource Strategy is indeed an integrated plan to ensure that our surface and groundwater is saved and sustained, and also responds to the environmental needs of our country.

 

We have many positive outcomes of this strategy and water should be available to millions of our people. Everyone knows about how far we are in terms of the national targets. I am not going to talk about that, but I will only concentrate on how we manage the current situation.

 

Today we cannot build houses without water because the planning of our country is an integrated one. If the ANC had been in charge since 1948, we wouldn’t be speaking the language we are speaking now. It is because of the legacy of the past that we are speaking as we are doing today. We are not lamenting; it is true that we are removing the dent caused by those who were very racial in their approach.

 

Last week, during the NCOP’s Taking Parliament to the People, we heard countless calls from the uMzinyathi community. During the previsit, we went to Umvoti where we even said, as we speak now, that it will take years to ensure that the people around Umvoti get water. In terms of the status of the previous planning, it is not of our making, but we are committed to ensuring that we correct that.

 

In Limpopo, as we are speaking, the province has moved at least a bit in terms of taking proactive action. However, we would want to make a call to those who are implementing the building of dams that they must do so with much more passionate vigour, precisely because people can no longer wait for water. The people in Limpopo want water for agriculture, mining and consumption.

 

The people around De Hoop do not know whether they will get water any time soon or not, simply because there are no scientists to ensure that when the dam is totally completed they can receive water. We would like to call upon the executive to ensure that plans are made more quickly so that the pipes are not only taken to the cities and towns, but are also directed to the communities.

 

With regard to the issue of the Nandoni Dam in Vhembe district, the dam is complete, but the community around the dam does not receive water, not because of government but because of the shoddy work of the contractors. The pipes from the dam cannot transport water to the communities and now the litigation regarding the failure is before the courts. On the other side, people cannot wait for the court outcome. We are saying that those people must be arrested whilst the government provides an alternative so that the people of Nandoni can receive water.

 

Yesterday, in the local newspapers, we learnt that the Western Cape has received rainfall well below the annual average, but already there is talk of austerity measures and strict water usage controls. This could even lead to high prices of water. Water is expensive and we don’t want to imagine what will happen to the poor. This is also the situation in other parts of the country.

 

As the MEC from Gauteng has already said, the 17th Conference of Parties of the United Nations, which will take place in Durban, should also look into this matter because part of what is causing the decrease in water resources in the country is the very fact of climate change and other factors around climate change. We might have great floods and extreme drought, but this has contributed to the shortage of water resources in South Africa.

 

It is fortunate that today’s speakers were all positive, including the opposition, because they were in line with the strategic framework of the ANC and we congratulate them on that. As you see in this House, they have to work according to the strategies of the ruling party in ensuring that we better the lives of our people. I therefore thank you, Chairperson. [Applause.]

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): That concludes the debate. Before I ask the Secretary to read the First Order of the day, there has been a letter that has been tabled by someone complaining about the objection to the motion without notice that was read. Everybody in this House has the right either to accept or to object and all of us as South Africans should respect different languages spoken in this country.

 

Asicwasi muntu. [We do not discriminate against anyone.]

 

Therefore I am not going to mention that particular person by name, but he or she must grow up and know that people have rights as well either to accept or object. Thank you.

 

Debate concluded.

 

GOVERNMENT EMPLOYEES PENSION LAW AMENDMENT BILL

 

(Consideration of Bill and Report thereon)

 

Mr C J DE BEER: Deputy Chairperson, the Select Committee on Finance reports as follows: The Government Employees Pension Law, GEPL, Amendment Bill will amend the Government Employees Pension Law of 1996, to provide for the implementation of the “clean-break principle”.

 

Currently, the GEPL does not provide for a former spouse of a member to claim a portion of a member’s pension interest in terms of a divorce order, once the divorce or an order for the dissolution of a customary marriage has been granted. As such, a former spouse can only receive a portion of the member’s interest after the member has exited the Government Employees Pension Fund.

 

The amendment was necessitated by the fact that the Pension Funds Amendment Act incorporates the “clean-break principle”. This simply implies that the former spouse does not have to wait until a member exits the pension fund. The proposed amendments therefore seek to bringing the GEPL in line with the Pension Fund Act.

 

The proposed amendments also consider the 2009 and 2010 Cabinet’s approval of the revision of the nonstatutory forces, which entails that the pensionable service of former members of the NSF or services will be recognised, should the Bill be promulgated. The other consideration provided in the Bill is the amendment to give the board more powers to make rules.

 

The Bill also proposes the new insertion of section 24A, which deals with the payment of pension interest as defined in section 1(b), and provides powers for the board to direct the fund to reduce a member’s pension interest by any amount assigned to the member’s former spouse in terms of a decree of divorce granted under the Divorce Act.

 

The pension interest for the former spouse is deemed to accrue to the member on the date on which the decree of divorce or dissolution of the customary marriage was granted. In calculating pension interest, any additional voluntary contributions by the member should be excluded.

 

The Bill proposes that the former spouse shall, within 45 days of the submission of the court order, elect whether the amount deducted should be paid directly to his or her former spouse or transferred to an approved retirement fund as requested by the fund. Upon receipt of this request, the former spouse will have 120 days to inform the fund as per section 24A(2)(f)(i)-(iii).

 

The fund is then awarded 60 days to transfer the amount in accordance with the former spouse’s choice. In an instance where the former spouse fails to make the choice of where the money should be transferred, the fund shall within 30 days transfer the amount directly into the former spouse’s account.

 

All current outstanding cases shall be dealt with in terms of this law, as amended. Also, provision has been made that any claims or applications that may have been previously rejected and finalised in terms of this law may now be resubmitted for consideration in terms of this law as amended.

 

Deputy Chair, the Select Committee on Finance, having considered the Government Employees Pension Law Amendment Bill, B15-2011, which section 75 supports, therefore moves that the House supports the Bill. Thank you. [Applause.]

 

Debate concluded.

 

Bill agreed to in accordance with section 75 of the Constitution.

 

DEFERMENT OF ORDER NUMBER 2 ON THE ORDER PAPER

 

(Announcement)

 

The HOUSE CHAIRPERSON (Mrs N W Magadla): Hon members, I have been informed that the Second Order has been deferred.

 

CONSIDERATION OF REPORT OF NATIONAL CONSULTATIVE SEMINAR ON CLIMATE CHANGE

 

The HOUSE CHAIRPERSON (Mr R J Tau): House Chair, Deputy Chairperson and members present, as our country is preparing to host the Conference of the Parties in Durban, it becomes very important, as South Africans, to reflect upon this. As the South African Parliament we saw fit to organise a national consultative seminar which sought to build national consensus and advance unity amongst all of us and also to reinforce working relations with Parliament, organised civil society, government and the intelligentsia.

 

The debate about climate change concerns changes in the state of the climate that can be identified by changes in the average of variability of its properties. Normally, these changes occur either naturally or are caused by human activities. According to the Intergovernmental Panel on Climate Change Third Assessment Report climate change is already happening, and will continue to happen even if global greenhouse gas emissions are curtailed significantly in the short to medium term.

 

There is now more confidence that global climate change is a threat to sustainable development, especially in developing countries, and could undermine global poverty alleviation efforts and have severe implications for food security, clean water, energy supply, environmental health and human settlement.

 

Climate change is mainly about sustainable development which can be defined as development which meets present needs without compromising the ability of future generations to meet their needs. It encompasses the social, environmental and economic dimensions of development.

Concerns relating to climate change offer a signal example of the tension that exists between two different views on the relation between economic growth and resources. For example, the South African economy is highly dependent on income generated from the production, processing, export and consumption of coal, which therefore means that our economy is vulnerable to the possible response measures which might be implemented by developed countries. It also means that our economic growth and resources might be highly affected since our economy is mainly focused on this particular sector – the mining sector.

 

Secondly, as a country, we need to ask ourselves how we should balance climate change priorities without working against our own national development priorities which, in the main, would entail fighting poverty, unemployment and diseases. For example, as a country, we are still faced with many serious socioeconomic conditions that seem to impact negatively on our developmental objectives. We need to ask ourselves how we are going to introduce new paradigm shifts in the development of our country through addressing challenges of climate change without falling prey to responding in a nonproductive way, where government would be forced to come up with short-term, irrational policies that would not even assist us in terms of our long-term priorities.

 

Lastly, as we are moving towards hosting Cop 17, we need to speak with one voice because surely climate change has serious ramifications for all of us.

 

It was therefore thought necessary that Parliament, from 28 to 29 October 2011, should convene a national consultative seminar. This seminar was underpinned by the following objectives: to obtain insight into the collective expectation on the form and content of an agreement at Cop 17; to receive an update on the subsidiary bodies so as to ascertain progress on the Kyoto Protocol, long-term consultative action under the convention, the subsidiary body for scientific and technological advice and the subsidiary body for implementation; to look at ways in which South Africa can use this platform to advance the case for developing countries generally, and Africa specifically; to receive inputs from Parliament, civil society, business, organised business and government in reaching consensus on a climate change agreement; and to draft and adopt a declaration on expectations of technical and other details to be contained in a global agreement.

 

I would therefore say that the national consultative seminar was a success as it managed to strengthen our relations with civil society and other important sectors of South African society. Moving forward, we need to nurture our relationships so that they do not end with Cop 17, but continue even after the conference has ended. In this regard the seminar resolved that one of the things that we need to look at is to have an annual assessment seminar led by Parliament.

 

As a country, let us busy ourselves with finding sustainable ways of building both our communities and the economy. It is our responsibility, as noted by the seminar, that we need to ensure that as we mitigate and adapt to these conditions, it is not at the expense of the developing world and of course the economies of Africa in particular.

 

Forward to the Durban second commitment, forward! Forward to the defence of and commitment to the Kyoto Protocol! I thank you.

 

Debate concluded.

 

Question put: That the Report be adopted.

 

IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.

 

Report accordingly adopted in accordance with section 65 of the Constitution.

 

The Council adjourned at 16:08.

__________

 

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

 

WEDNESDAY, 16 NOVEMBER 2011

 

COMMITTEE REPORTS

 

National Assembly and National Council of Provinces

 

REPORT OF THE JOINT COMMITTEE ON ETHICS AND MEMBERS INTERESTS ON THE COMPLAINT AGAINST MS Y BOTHA  HELD AT V227, OLD ASSEMBLY BUILDING PARLIAMENT.

 

The National Assembly on the 9 November 2011 referred the Report on the Complaint against Ms Y Botha back to the Joint Committee on Ethics and Members Interests for further consideration.

 

Present

Mashile, BL [ANC-NCOP] Chairperson

 

NA

Koornhof, Dr GW [ANC]

Luyenge, Z [ANC]

Mlangeni A [ANC]

Ngcobo, BT [ANC]

Nhlengethwa, DG [ANC]

Radebe, B [ANC]

Dreyer, A [DA]

Kohler-Barnard, D [DA]

 

NCOP

Mabe, BO [ANC-NCOP]

Mashamaite, TA [ANC-NCOP]

Moshodi, ML [ANC-NCOP]

Rantho, DZ [ANC-NCOP]

Bekker JMG [DA]

Gunda JJ [ID]

Plaaitjie SH [COPE]

 

Apologies

Mangena M [ANC]

Turok B [ANC]

Van der Merwe JH [IFP]

 

In Attendance:

Mahomed  F [Registrar]

Vassen M [Legal Adviser]

Adhikarie Z [Legal Adviser]

Isaacs F [Staff]

Mkosana SD [Staff]

Kwetana N [Staff]

 

The Committee met on the 16 November 2011 to reconsider the report. The Committee agreed to remove the further recommendations from the original report tabled on 25 August 2011. 

 

The majority of Members approved the adoption of the attached amended report.

 

A minority of five Members opposed the removal of the further recommendations from the report of the 25 August 2011.

 

1. BACKGROUND

1. Acting in terms of paragraph 17 (1) of the Code of Conduct for Assembly and Council Members (Code), the Joint Committee on Ethics and Members’ Interests instructed the Registrar of Members’ Interests to conduct an investigation into the allegations against Ms Yolanda Botha, Member of the National Assembly, published in the Mail and Guardian of February 11 to 17, 2011.

2. The Mail and Guardian article alleged the following:

“Ms Y Botha and her family received kickbacks from a company to which she     assigned tenders worth R50 million when she was an official in the Northern Cape. Within a year Trifecta also renovated Ms. Botha’s Kimberley home for at least R500 000.  Ms Botha has not declared either benefit to Parliament.”

3. Members of Parliament are required to declare all “registrable interests” and “benefits in cash or in kind” this includes in terms of paragraph 7(g) the nature and source of any other benefit of a material nature; and the value of that benefit.

4. Ms Botha did not disclose any benefit as required in the Code.

5. The Registrar proceeded with the investigation on the receipt of the alleged benefits from Trifecta Investment Holdings in terms of the Procedure for the Investigation of Complaints. (As adopted by both Houses).

6. Ms Botha had submitted a copy of a loan agreement which indicated she received a loan of R500 000 and that this was not a benefit; this contradicted the information that the Registrar received from Ms M Buizer, a witness who was previously employed at Trifecta Holdings.

7. Mr. D Malan, from Pasch and Malan a building contractor working for the Trifecta group, and  responsible for the renovations made to Ms Botha’s residence in Kimberley  submitted invoices which showed that the costs incurred for the renovations exceeded R1.2 million. This was paid for by Trifecta Investment Holdings. 

8. Paragraph 3.1.1 for the Procedure for the Investigation of Complaints requires that a hearing must be held when the facts are in dispute.

9. The Committee elected a panel of six members to conduct the hearing; the following members were appointed ;  Prof  B Turok (Chairperson), Mr. BL Mashile, Ms A Dreyer, Dr GW Koornhof, Mr. JL Van der Merwe, and Ms NW Magadla.

10. The Committee agreed to  hold the hearings in closed session as is allowed under clause 59 (2) in the Constitution and  Rule 125 in the Joint Rules and also as there was  a request from the SAPS who were concerned that important evidence may be jeopardized and that a witness Mrs. Buizer’s safety was at risk.

11. Ms Y Botha was informed on the 8 June 2011 that a hearing will be held on 22 June 2011 to consider the allegations against her.

12. The following charges were put to Ms Botha :

(i) Non-disclosure of benefits received from Trifecta Investments Holdings as required by item 7(g) of the Code of Conduct.

(ii) Regarding the allegations of non-disclosure of a benefit, Ms Botha wilfully misled the Committee on the value of the benefits received by submitting a sworn statement which was false and misleading.

2. HEARING

1. At the hearing, Mr. J B Sibanyoni MP representing Ms Botha requested an adjournment to prepare an adequate defence. The request for the extension was agreed to by the Panel.

2. Ms Botha confirmed that she did not require a translator.

3. The hearing rescheduled on 4 August 2011, the Co-Chairpersons agreed that Ms Z Rantho would replace Ms W Magadla who was unavailable. Ms Botha had no objections to the change in the Panel.

4. Ms. Botha took the prescribed oath and pleaded not guilty to the charges, stating that she did not receive any benefit from Trifecta, but a loan which was to be repaid. She also stated that her affidavit of 22 February 2011 was not meant to mislead the Committee. She said that she had no legal experience to account for the mistake.

 

3. CONSIDERATION OF THE EVIDENCE

1. AFFIDAVIT BY CHRISTO SCHOLTZ

(i) In an affidavit from Mr. Christo Scholtz the Managing Director of Trifecta Holdings in the Gauteng North High Court (in an unrelated matter), declared that “the deceased (Mr. Sarel Breda a partner in Trifecta Investment Holdings) had, to my personal knowledge, in 2005 undertaken to transfer a 10% shareholding in the final respondent to the nominees of Yolanda Botha, who was a close friend of the deceased and influential in political circles. She had not yet nominated the entity to which shares should be transferred at the time of the deceased’s death, and hence the reference to the YB Trust in the spreadsheet.”

(ii) In her response to this evidence, Ms Botha stated that the statement by Mr. Scholtz was not relevant as Trifecta were not successful in this case.

2. LEASES

(i) The Panel noted that Ms Botha in her capacity as Head of Department in the Northern Cape Department of Social Services and Population Development signed  leases with various companies in the Trifecta Group to a total value of R98 389 206 .00 from the period

   1 December 2006 to 1 August 2008.

(ii) In her defence Ms Botha stated that she merely signed in her capacity as Head of Department, and that the leases were procured by the Supply Chain Management of the Department.   When asked why she had not recused herself, she did not respond directly.

3. LOAN AGREEMENT SUBMITTED BY MS BOTHA

(i) The Registrar noted that the loan agreement submitted by Ms Botha on 22 February 2011 was vague in that it contained no terms of repayment; no interest was accrued, nor was any interest rate established.

(ii) The final cost of the renovations was in excess of R1.2 million and not the amount of R500 000. As stated in the affidavit submitted by Ms Botha. 

(iii) The witness to the loan agreement confirmed in a signed affidavit that she was not present when the loan was signed and had no recall of the date that the contract was signed.

(iv) In her response in a second affidavit, Ms Botha stated that as she is not legally trained she was not aware of the documents she was required to submit to the Registrar of Members’ Interests.

 

4. MR. MALAN’S SUBMISSION AND TESTIMONY

(i) Mr. Malan is a building contractor who works solely for the Trifecta Group of companies across South Africa.

(ii) Ms Botha had conceded that the costs submitted by Mr. Malan which amounted to just over R1.2 million, was correct.

(iii) There is also no dispute that the renovations commenced in 2009. A  summary of the costs with the monthly breakdowns indicate that the last costs incurred for the renovations were in October 2010, and at that stage the costs exceeded R1.2 million.

(iv) Questions were raised about the allocation of costs for the renovations to Ms Botha’s house.  Invoices were listed as Ms Botha’s house/Magambos. (Magambos being the name of Trifecta’s headquarters).  Mr. Malan was not able to explain this method of accounting.

(v) Mr. Malan was also unable to explain the issue of the budget when asked whether he was given any limit, he indicated that he spoke to Mr. Scholtz about costs and that he was not asked to limit the costs, and that Mr. Scholtz discussed these issues directly with Ms Botha.

(vi) On the question of whether Ms Botha knew of the cost beyond the budgeted amount of R500 000; Mr. Malan stated that Ms Botha was also involved and informed by himself and Mr Scholtz on all decisions  regarding renovations and increased costs. 

 

5. JYBA TRUST

(i) The Panel noted that a 10% shareholding was transferred by Trifecta Investment Holdings to the JYBA Trust in January 2010.

(ii) The beneficiaries of the trust are Ms Botha’s nieces and nephews;

(iii) This allocation was in accordance with the affidavit by Mr. Scholtz and gave effect to the promise made by Mr. Breda in 2005 to Ms Botha as stated in Mr Scholtz’s affidavit to the North Gauteng High Court.

(iv) In her response to the Panel’s questions on this matter, Ms Botha said that Trifecta had given the shares to her niece Angelique Botha as she worked for Trifecta Investment Holdings; she made no mention of the other nieces and nephews including those who were minors.

(v) She indicated that Angelique Botha was employed by Mr. Breda, a close family friend, to liaise with government clients on behalf of Trifecta Holdings.

 

6. AFFIDAVIT AND TESTIMONY BY MS BUIZER

(i) Ms M Buizer was a former office manager at Trifecta Investment Holdings, from 2005 to 2010. 

(ii) She spoke to her affidavit and said that she was told by Mr. Scholtz to allocate the costs of Ms Botha’s renovations to the Magambos Building  (a building owned by Trifecta Investments) in order to conceal the benefit to Ms Botha.

(iii) At the time, in 2009 Mr. Scholtz indicated that the estimated budget for the renovations would be R1.5 m. 

(iv) She also said that no stage was this amount represented as a loan, as the procedure for capturing loans in the financial records was different.

 

7. MS BOTHA’S TESTIMONY, AFFIDAVIT 2 and AGREEMENT

(i) In her defence Ms Botha explained that she had failed to get a bank loan for the renovations hence she turned to Trifecta, Ms Botha submitted a loan application from ABSA Bank. The Panel noted that the application for a loan was made in May 2011 months after the parliamentary investigation against her commenced.

(ii) She also stated that payment of the loan was to be made from her pension fund contributions and through her own funds. The Panel noted that payment to Trifecta Investment Holdings was again only made after the parliamentary investigation commenced.

(iii) In her testimony Ms Botha indicated that she always intended to repay the amount when she received her pension payout. The Panel noted that in her initial affidavit she did not indicate this.

(iv) Ms Botha stated that the loan was recorded by Trifecta’s Auditors. The Panel noted that the loan certificate was only issued after the parliamentary investigation commenced.

(v) Ms Botha also submitted a second signed agreement between herself and Trifecta Investments indicating that she would pay the amounts due. This document was signed on 20 June 2011, also done after the investigation commenced.

(vi) Ms Botha also submitted an affidavit by NJ Pollard the accountant of the Trifecta Group of Companies which states that he had checked Trifecta’s record and found that no previous loan certificates which were issued by Ms Buizer.

(vii) When questioned about her relationship with Mr. Scholtz, Ms Botha stated that she met Scholtz of Trifecta only once and at the funeral of Mr Breda. 

(viii) Mr. Malan worked directly under the direction of Mr. Scholtz and he believed that details of payments for the renovations were discussed between Ms Botha and Mr. Scholtz. He stated “They know each other quite well and must have had mutual dealings on this matter.” 

(ix) Ms Buizer testified that the relationship between Mr. Scholtz and Ms Botha was “warm” and that Ms Botha visited Mr. Scholtz office on many occasions, she recalled that she made tea for them.

(x) Ms Botha stated that she had not visited Mr. Scholtz office and denied that she had a close relationship with Mr. Scholtz.

(xi) Ms Botha said that when she completed the form for the declaration of the members interests she did not think that the loan from Trifecta was a benefit.

(xii) In her evidence Ms Botha stated that Mr. S Breda was a close family friend.

 

4.         FINDINGS

CHARGE 1

 

Non-disclosure of benefits received from Trifecta Investments Holdings as required by item 7(g) of the Code of Conduct.

Noting that,

(i) In 2005, Ms Botha or her nominees were promised 10% shares in Trifecta Investment Holdings, 

(ii) In 2006 Ms Botha signs leases with various companies in the Trifecta Group exceeding R98 million in her capacity as Head of Department.

(iii) Ms Botha indicated in her testimony that her niece was responsible for managing relations with government clients at Trifecta Investments

(iv) Ms Botha did not disclose her conflict of Interests as required in terms of the PFMA

(v) Dismisses her assertion that she merely signed the documents and that the Departmental Supply Chain Management procured the property,

(vi) Confirms that in terms PFMA she bears responsibility and made the decision to approve the leases as the Head of Department and Accounting Officer for the Northern Cape Department of Social Development and Population Development.

(vii) Rejects affidavit 1 in which Ms Botha claims that the cost of the renovations were covered by a loan for R500 000.

(viii) Finds that in Affidavit 2 Ms Botha  further attempts to mislead the Committee in that she presented a loan application for May 2011 to back her claim that the renovations were to be paid for by means of a   loan,  which she only applied for after the commencement of the investigation

(ix) The loan certificate by Trifecta’s Auditors was also issued after the investigation commenced.

(x) Took note of the testimony given by Ms Buizer in which she said that the costs of renovations were never meant to be covered by a loan and found Ms Buizer to be a truthful and compelling witness.

(xi) The Panel notes that the benefits were in relation to actions taken during Ms Botha’s tenure as Head of Department, but received after she was elected as Member of Parliament. 

(xii) The affidavit made by Mr Scholtz to the North Gauteng court is clear,  that Ms Botha received a benefit.

(xiii)  The JYBA trust is a benefit to Ms Botha

 

The Panel therefore finds on charge 1:

a. That Ms Botha is guilty and a benefits relating to the renovations to her house is a benefit accrued from an improper or generally corrupt relationship between Ms Botha and Trifecta Investments Holdings. 

b. The Panel further finds that the receipt of 10% shares in Trifecta Holdings held by Ms Botha’s nominees to Ms Botha also constitute a benefit which she did not declare. 

 

CHARGE 2

Regarding the allegations of non-disclosure of a benefit, Ms Botha wilfully misled the Committee on the value of the benefits received by submitting a sworn statement which was false and misleading.

 

Noting that; 

(i) The invoices submitted by Mr Malan reflected that the last costs relating to the renovations were in October 2010 and the amount at that time exceeded R1.2 million. Despite this Ms Botha submitted the loan agreement with a value of R500 000 to try to prove that the cost of the renovations were in fact a loan.

(ii) When it became evident that Ms Botha could not refute the total costs of the renovations she made a further submission under oath that the error was due to the fact that she had no legal background. The Panel rejects her assertion on the basis that a former Head of Department responsible for managing a department with large budgets cannot claim to be unable to  understand a letter requesting the full costs of renovations to her home.

(iii) Mr. Malan confirmed that Ms Botha was made aware on an ongoing basis of the increased costs.

(iv) She was well aware that the costs exceeded R500 000 when she handed in her affidavit to the Committee on 22 February 2011.

(v) Ms Botha nominated her nieces and nephews to receive 10% shares to mislead and create an impression of an arms length distance between herself and Trifecta. This was a wilful intention to mislead the Committee regarding the disclosure of Interests and was an attempt to conceal an improper relationship.

(vi) In order to create an impression that the loan was regular, Ms Botha made payments to Trifecta, and applied for a loan well after the commencement of the investigation.

(vii) There is a significant discrepancy in the evidence between Ms Botha and the witnesses about her relationship with Mr. Scholtz. Both Ms Buizer and Mr. Malan’s testimony contradict her version.

(viii) The Panel considered the second affidavit of Ms Botha and found inconsistencies. Mr. Malan in his testimony said that he operated on Mr. Scholtz instruction and was not commissioned by Ms Botha whereas Ms Botha states in her affidavit that she approached Mr. Malan.

(ix) In evidence before the Panel Ms Botha attempts to conceal the truth by stating that she refers to Ms Angelique Botha as a beneficiary of the trust, omitting that the other beneficiaries were other relatives of her, some of whom were minors.

 

The Panel therefore finds on charge 2

Ms Botha guilty of willfully misleading the Committee in respect of submitting a false loan agreement for R500 000 when the actual costs exceeded R1.2 million at the time the affidavit was submitted on 22 February 2011.

 

FINDINGS ON BOTH CHARGES

The Panel therefore finds on charge 1:

c. That Ms Botha is guilty and the benefit relating to the renovations to her house is a benefit accrued from an improper or generally corrupt relationship between Ms Botha and Trifecta Investments Holdings. 

d. The Panel further finds that the receipt of 10% shares in Trifecta Holdings held by Ms Botha’s nominees to Ms Botha also constitute a benefit which she did not declare. 

 

The Panel therefore finds on charge 2

(a)        Ms Botha guilty of willfully misleading the Committee in respect of submitting a false loan agreement for R500 000 when the actual costs exceeded R1.2 million at the time the affidavit was submitted on 22 February 2011.

 

PENALTY

The Panel, noting that Ms Botha lied under oath and submitted false and misleading evidence and showed no sign of remorse recommends, 

1. that Ms YR Botha be reprimanded and

2. Imposes the maximum penalty in terms of 19(1) of the Code, a fine of 30 days salary.

 

FURTHER REPRESENTATIONS BY MS BOTHA

 

The Joint Committee on Ethics and Members Interest at its meeting of 25 August 2011, considered the late submission by Ms Botha’s representative; the Committee found that there is no compelling argument which materially alters the recommendations of the Panel. 

Accordingly, the Committee adopted the Report of the Panel and confirmed its findings and penalties.

 

SCHEDULE OF EVENTS

1. 2001 to 2009.  Ms Botha was the Head of Department of the Northern Cape Provincial Department of Social Services and Population Development.

 

2. 2005.  Mr. Sarel Breda, Head of Trifecta Investment Holdings, undertook to allocate 10 % of shares in Trifecta Investment Holdings (hereinafter referred to as Trifecta) to Ms Botha or her nominees.

 

3. 2005 to 2008.  The Department signed more than 6 leases with Trifecta to the value of approximately R98 million.

 

4. 2006.  Ms Botha’s niece Angelique Botha is appointed at Trifecta to liaise with government departments.

 

5. May 2009.  Ms Botha resigned from the Department to become a Member of Parliament.

6. September 2009.  Renovations commenced at Ms Botha’s residence in Kimberly by Trifecta’s building contracting company Pasch and Malan.

 

7. 20 January 2010.  The Jyba Trust was established with Ms Botha’s nieces and nephews as Trustees with the funds from the 10% in Trifecta Investment Holdings. Angelique Botha is a trustee of the JYBA trust. The Capital and income beneficiaries in the trust are Angelique Botha, Jacquline Botha, Nicole Yolanda Mariska Arlow Anthony Christoper Arlow and Andea Tama Botha.

 

8. 20 July 2010.  Ms Botha submitted a declaration of interests to the Registrar.

 

9. September 2010.  Building work on Ms Botha’s house ended costs exceed R1.2 million.

 

10. February 2011 Mail and Guardian publishes allegations.

 

11.  February 2011 Investigation by the Joint Committee on Ethics and Members’ Interests commences.

 

12. February 2011.  Ms Botha submitted a sworn affidavit supported by a sworn affidavit by Mr. Christo Scholtz, Head of Trifecta Investment Holdings that she had obtained a loan of R500, 000 for the renovation of her house. She does not mention repayment or additional costs

 

13. April 2011.Payment of loan account.

 

14. May 2011. Applies for a home loan

15. Mar 2011 Trifecta completes its financial statements indicating the loan.

 

The Report is tabled for consideration and Adoption by the National Assembly.

 

 

 

 

 

_____________________

Mr. BL Mashile

Co Chairperson                                                

 

National Council of Provinces

 

1. REPORT OF THE SELECT COMMITTEE ON WOMEN, CHILDREN AND PERSONS WITH DISABILITIES ON THE OVERSIGHT VISIT TO THE SAARTJIE BAARTMAN AND THUTHUZELA CARE CENTRES FOR ABUSED WOMEN, DATED 16 NOVEMBER 2011.

 

The Select Committee on Women, Children and Persons with Disabilities, having undertaken an oversight visit to the Saartjie Baartman Centre for Abused Women (SBC) and the Thuthuzela Care Centre on the 23 March 2011 reports as follows:

 

1.         Introduction and terms of reference

 

The Committee, as mandated by the Constitution and the Rules of the National Council of Provinces, undertook the oversight visit.  The oversight visit was undertaken in terms of the strategic priorities of the NCOP as they relate to the following objective:

 

* Objective Four: Oversee related initiatives and overseeing the implementation of programmes aimed at assisting socially vulnerable groups

 

The oversight visit was further informed by the Committee’s five year strategic plan.

 

The aim of the oversight visit was as follows:

 

* To conduct site visits at the Saartjie Baartman and Thuthuzela Care Centres, and

* To investigate the implementation of the Domestic Violence Act at both centres.

 

2.         Delegation

 

Hon. B.P. Mabe (ANC); Hon D.A. Worth (DA); Mahdiyah Solomons (Committee Secretary), Tasneem Matthews (Researcher) and Nomtha Zixesha (Personal Assistant to Committee Chairperson)

 

3. Saartjie Baartman Centre for Abused Women

The Saartjie Baartman Centre for Women and Children (SBC) was opened in 1999 as the first multi-disciplinary service (one-stop) centre for abused women and children in the country. The SBC worked closely with its partner organisations to provide an on-site multidisciplinary service centre for the effective management, treatment and prevention of violence against women and children. The SBC had since evolved to be the prime learning site nationally for providing holistic, integrated services to survivors of violence. Some of the services provided were managed directly by the SBC. These included a 24-hour crisis response; a residential shelter and transitional housing for abused women and their children; legal assistance; and job-skills training. The other services were provided by organisations working in partnership at the SBC and included an after-hours crisis response for children; specialised counselling services in rape/sexual assault, drug and alcohol abuse, trauma and domestic violence; job-skills training and job placement projects; HIV/AIDS programmes; community outreach; advocacy and lobbying; training; and research. Services at the SBC cut across the sectors of gender inequality, children and persons with disabilities.

The SBC is situated in Manenberg on the Cape Flats, an area with extremely high rates of crime, gangsterism, child abuse, unemployment, substance abuse and domestic violence. It provided services to the surrounding areas and a wide range of constituencies: neighbouring townships, farming communities in the Phillippi, Constantia, and Stellenbosch areas, and 'informal' settlements. The SBC employed 23 permanent staff members who provided a wide range of services at the Centre. Further staff needs were fulfilled by visiting international and local interns who provided volunteer work at the Centre.

The services at SBC included the following:

* A 24-hour emergency shelter (safe accommodation)

* Short and medium term residential care

* Childcare services

* Counselling, mental health support, legal and economic empowerment services

* Research on gender-based violence

* Job Skills training

* On and off site catering project

 

Apart from its Athlone based centre, similar services were currently being provided at a shelter in Worcester called the Eerste Begin Shelter. It provided women and children with a 24-hour emergency shelter facility, counselling and empowerment programme for the women of the Worcester vicinity.

The SBC worked with a number of NGO partners located at the facility. It provided a holistic range of services to women who were victims of domestic violence, capacitating them to become financially independent and re-enter the workforce. The NGO partner projects included the following:

 

ANEX (Activist Networking against the Exploitation of Children)

A child rights organisation working against the trafficking and exploitation of children.

 

Athlone After-hours Child Abuse Centre

In partnership with the Department of Social Development this project works with abused, neglected and abandoned children.

 

Gender Dynamix

Provides resources, counselling and support to the transgender community.

 

Khululeka

Focussed on children who have lost parents and or siblings to HIV/AIDS, this programme supports the mental health and provides counselling to bereaved children affected by HIV/AIDS.

 

Lifeline/Childline-Youth Development Programme

Provides counselling and support to youth, particularly those at risk of suicide and conducts life skills training from youth from the surrounding communities.

 

Rural Education, Awareness and Community Health (Reach)

Focuses on addressing harassment and sexual exploitation of farm workers, particularly from the Overberg region of the Western Cape, this project furthermore provides counselling in respect of rape victims, those persons affected by HIV/AIDS and victims of domestic violence and alcohol and drug abuse.

 

SANCA

Provides education, training and support to drug and alcohol abuse victims.

 

IBN SINA Institute of TIBB

Provides for the advancement of TIBB in South Africa, which empowers individuals to take responsibility for their own health, it includes alternative approaches to medicine and promotes holistic health care to women and youth.

 

Trauma Centre for Survivors of Violence and Torture

The NGO partner provides advice, counselling and training to victims of violence and torture.

 

Wola Nani

A relief organisation aimed at those communities hardest hit by HIV/AIDS, this includes skills training, advocacy and counselling.

 

3.1. Committee feedback and challenges observed

 

The following challenges were noted at the SBC:

 

* Ever increasing demand for services

The demand for services for women had amplified over the past few years. That increase in demand had not been matched by an increasing number in NGOs providing services to women; in fact, the number of NGOs was dwindling. That put an increasing strain on the services and resources of the remaining organisations. The SBC noted that an impression was created that NGOs provided the services of government. As a result, law enforcement officials dropped victims of domestic violence and at-risk women and children at the Centre. In the past month (April 2011Would the past month not be February since you are reporting in March???) the SBC provided counselling services to between 400 and 600 women. On average, 30% of the clients needed intervention and social services for their children (in the form of social work intervention, psycho-education on children’s rights and assessing the welfare of children experiencing domestic violence) and were often referred by the Department of Social Development. Many of the children had disciplinary and behavioural problems and were being abused physically, emotionally, and sexually. They were in urgent need of intervention. These children were referred to the Centre by the Department of Social Development. However, additional funding was not being made available by the Department for that additional service.

 

* Limited funding

The SBC was subsidised to the amount of R 70 000.00 per month (R 50 000.00 for shelter and operational costs; and R20, 000.00 for water, electricity, and security) by the Western Cape Provincial Department of Social Development. The subsidy had not been increased over the past nine years and there was no guarantee that it would be renewed from year to year. Most of the funding for internal projects came from the National Lottery and international donors as well as internal savings and income generation.

 

The building at which the SBC was based belonged to the Department of Public Works. The SBC had a five year lease agreement with the Department of Social Development and paid a nominal fee for rent. The SBC however was responsible for maintenance and upkeep which put a huge strain on its already constricted budget.

 

* Lack of implementation of the Domestic Violence Act

The SBC noted a lack of understanding by law enforcement officials in respect of their roles and responsibilities in terms of the Domestic Violence Act. Many police officers did not understand the seriousness or immediate danger that a domestic violence victim was in and often tried passing that matter off as a domestic dispute, thereby putting the victim in further harm. The challenges experienced by the Centre in respect of the Department of Justice and Constitutional Development included the following:

 

* Clients of the SBC could not afford sheriff’s fees for divorces, as most of them were unemployed and financially dependent on their husbands;

* Staff at the SBC were working at maximum capacity;

* The SBC was struggling to get documents to court due to the fact that it had only one motor vehicle that was also used by other projects, e.g. for donation pick-ups;

* Magistrates at court did not see the urgency of  clients’ protection order applications; where there was physical abuse magistrates gave only a court date, whereas they could give an interim protection order so that the client already had protection for the period before the court date; and

* the same problem was experienced with the clerks at the court who did not take applications to the magistrates immediately.

 

* Medium-term to long-term accommodation for victims of domestic violence

The SBC provided a second stage housing programme for survivors of domestic violence who had gone through its programmes and were seeking employment. These women paid a nominal rental fee for the duration of their stay. However, many women who had been forced out of their homes by their intimate partners through domestic violence and had been through the programmes at the SBC still battled to find affordable accommodation for themselves and their children. 

 

3.2. Committee resolutions

 

* The committee would engage with the Western Cape provincial Department of Social Development for additional funding for the Centre.

* The Committee would engage with the Western Cape Provincial Department of Community Safety for additional training for law enforcement officials in respect of the Domestic Violence Act.

 

4.         Thuthuzela Care Centre

 

The Thuthuzela Care Centres could be described as a unique one-stop, integrated response to the burgeoning incidence of violent sexual acts against women and children and its intersect with HIV and AIDS. The Thuthuzelas in operation at the GF Jooste Hospital in Manenberg, Cape Town were placed in communities where the incidence of rape was particularly high and were also linked to the sexual offences courts, a new and unique South African anti-rape intervention.

 

The Thutuzela Care Centre was established to deal with that challenge by improving the process of reporting and prosecution of rape and other sexual offences in a dignified and caring environment. These centres sought to lessen the trauma of sexual violence and to reduce secondary victimisation of survivors by providing professional medical care, counselling, access to dedicated investigators and prosecutors, all under one roof. The Thuthuzela Care Centre was designed and implemented by the National Prosecuting Authority (NPA), together with the Departments of Health, Social Development and Justice and Constitutional Development, as well as the South African Police Services, with support from UNICEF. Thuthuzela had improved the process of reporting and prosecuting rape and other sexual offences, and offender conviction rates were up.

 

Thuthuzelas had an integrated approach to rape care. The rape victim was brought from the police station to the Centre where the victim received counselling in private, upon which a medical examination was conducted. That took place within 24 hours of the rape having taken place. The victim was then given appropriate medication and a follow-up date for further treatment before being transported home. Arrangements were made for the victim to be placed in a place of safety should the situation require it.

The purpose of these centres was to improve the process of reporting and prosecuting rape and other sexual offences, and reducing secondary trauma to survivors as the entire process took place in a dignified and friendly environment, reducing the trauma of the rape through a multi-disciplinary centre that could fast track the medical and criminal processing associated with the rapes.

 

4.1.       Committee Observations

 

* There were an increasing number of child rape cases involving incest being referred to the Centre, with a noted increase among young boys.

* There was a limited understanding by officers with regard to their role in respect of the Domestic Violence Act.

 

5.         Conclusions

 

The Committee noted the challenges experienced by both centres in relation to delivering a quality service to their clients and commended the centres for the outstanding work they had done in improving the lives of abused women and children. The Committee furthermore observed the gaps in service delivery, notably from the Western Cape Provincial Department of Community Safety, in respect of the understanding of its law enforcement officials in respect of their role in the Domestic Violence Act and resolved to champion the further training of these law enforcement officials with the Western Cape MEC for Community Safety.

 

Report to be considered.

 

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3. Report of the Select Committee on Women, Children and Persons with Disabilities on the Southern African Development Community (SADC) Protocol on Gender and Development, dated 16 November 2011

 

The Select Committee on Women, Children and Persons with Disabilities, having considered the request for approval of the Southern African Development Community (SADC) Protocol on Gender and Development, referred to it, recommends that the House approves the said Protocol.

 

Report to be considered.

 

4. Report of the Select Committee on Security and Constitutional Development on Proclamations made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004), dated 16 November 2011

The Select Committee on Security and Constitutional Development received a briefing on the Proclamations made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004) as tabled in the following gazettes:

 

1. Proclamation No 48 published in the Government Gazette No 33563 dated 23 September 2010

2. Proclamation No 49 published in the Government Gazette No 33563 dated 23 September 2010

3. Proclamation No 50 published in the Government Gazette No 33563 dated 23 September 2010

4. Proclamation No 51 published in the Government Gazette No 33563 dated 23 September 2010

5.  Proclamation No 52 published in the Government Gazette No 33563 dated 23 September 2010

6. Proclamation No 53 published in the Government Gazette No 33563 dated 23 September 2010

7. Proclamation No R.64 published in the Government Gazette No 33769 dated 15 November 2010

8.  Proclamation No R.65 published in the Government Gazette No 33769 dated 15 November 2010

9. Proclamation No 1 published in the Government Gazette No 33931 dated 13 January 2011

10. Proclamation No 10 published in the Government Gazette No 34081 dated 9 March 2011

11. Proclamation No 11 published in the Government Gazette No 34081 dated 9 March 2011

12. Proclamation No 12 published in the Government Gazette No 34081 dated 9 March 2011

13. Proclamation No 13 published in the Government Gazette No 34081 dated 9 March 2011

14. Proclamation No 14 published in the Government Gazette No 34081 dated 9 March 2011

15. Proclamation No 15 published in the Government Gazette No 34081 dated 9 March 2011

16. Proclamation No 16 published in the Government Gazette No 34081 dated 9 March 2011

 

The Select Committee on Security and Constitutional Development reports that it has concluded its deliberations on the Proclamations made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004) and recommends that the National Council of Provinces approve said Proclamations.

 

Report to be considered

 

5. Report of the Select Committee on Trade and International Relations on the Intellectual Property Laws Amendment Bill [B 8B – 2010] (National Assembly – sec 75), dated 16 November 2011:

 

The Select Committee on Trade and International Relations, having considered the subject of the Intellectual Property Laws Amendment Bill [B 8B – 2010] (National Assembly – sec 75) referred to it, reports that it has agreed to Bill.

 

Report to be considered.

 

THURSDAY, 17 NOVEMBER 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 17 November 2011:

 

(a) Government Employees Pension Law Amendment Bill [B 15 – 2011] (National Assembly – sec 75).

 

2.         Draft Bills submitted in terms of Joint Rule 159

 

(1) General Intelligence Laws Amendment Bill, 2011, submitted by the Minister of State Security.

 

National Council of Provinces

 

The Chairperson

 

1.         Message from National Assembly to National Council of Provinces in respect of Bills passed by Assembly and transmitted to Council

 

(1)                    Bills passed by National Assembly and transmitted for concurrence on 17 November 2011:

 

(a)        Taxation Laws Amendment Bill [B 19 – 2011] (National Assembly – sec 77).

 

(b)        Taxation Laws Second Amendment Bill [B 20 – 2011] (National Assembly – sec 75).

 The Bills have been referred to the Select Committee on Finance of the National Council of Provinces.

 

COMMITTEE REPORTS

 

National Council of Provinces

 

1. Report of the Select Committee on Finance on the Agreement between the Republic of South Africa and the Government of the Commonwealth of the Bahamas for the Exchange of Information Relating to Tax Matters, dated 16 November 2011.

 

The Select Committee on Finance, having considered the request for approval by Parliament of the Agreement between the Government of the Republic of South Africa and the Government of the Commonwealth of the Bahamas for the Exchange of Information Relating to Tax Matters, recommends that the House, in terms of section 231 (2) of the Constitution, approves the said agreement.

 

Report to be considered.

2. Report of the Select Committee on Finance on the Agreement between the Republic of South Africa and the Government of Bermuda for the Exchange of Information Relating to Tax Matters, dated 16 November 2011.

 

The Select Committee on Finance, having considered the request for approval by Parliament of the Agreement between the Government of the Republic of South Africa and the Government of Bermuda for the Exchange of Information Relating to Tax Matters, recommends that the House, in terms of section 231 (2) of the Constitution, approves the said agreement.

 

Report to be considered.

 

3. Report of the Select Committee on Finance on the Protocol between the Republic of South Africa and the Republic of Austria for the Avoidance of Double Taxation with Respect to Taxes on Income and on Capital, dated 16 November 2011.

 

The Select Committee on Finance, having considered the request for approval by Parliament of the Protocol and additional protocol amending the convention between the Republic of South Africa and the Republic of Austria for the Avoidance of Double Taxation with Respect to Taxes on Income and on Capital, recommends that the House, in terms of section 231 (2) of the Constitution, approves the said agreement.

 

Report to be considered.

 

4. Report of the Select Committee on Finance on the Agreement between the Republic of South Africa and the Government of Jersey for the Exchange of Information Relating to Taxes, dated 16 November 2011.

 

The Select Committee on Finance, having considered the request for approval by Parliament of the Agreement between the Government of the Republic of South Africa and the Government of Jersey for the Exchange of Information with Respect to Taxes, recommends that the House, in terms of section 231 (2) of the Constitution, approves the said agreement.

 

Report to be considered.

 

5. Report of the Select Committee on Finance on the Agreement between the Republic of South Africa and the Government of the Cayman Islands for the Exchange of Information Relating to Tax Matters, dated 16 November 2011.

 

The Select Committee on Finance, having considered the request for approval by Parliament of the Agreement between the Government of the Republic of South Africa and the Government of the Cayman Islands for the Exchange of Information Relating to Tax Matters, recommends that the House, in terms of section 231 (2) of the Constitution, approves the said agreement.

 

Report to be considered.

 

6. Report of the Select Committee on Finance on the Agreement between the Republic of South Africa and the States of Guernsey for the Exchange of Information Relating to Tax Matters, dated 16 November 2011.

 

The Select Committee on Finance, having considered the request for approval by Parliament of the Agreement between the Government of the Republic of South Africa and the Government of the States of Guernsey for the Exchange of Information Relating to Tax Matters, recommends that the House, in terms of section 231 (2) of the Constitution, approves the said agreement.

 

Report to be considered.

 

7. Report of the Select Committee on Finance on the Protocol between the Republic of South Africa and the Republic of Seychelles for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income, dated 16 November 2011.

 

The Select Committee on Finance, having considered the request for approval by Parliament of the Protocol amending the agreement between the Government of the Republic of Seychelles and the Government of the Republic of South Africa for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income, recommends that the House, in terms of section 231 (2) of the Constitution, approves the said agreement.

 

Report to be considered.

 

8. Report of the Select Committee on Finance on the Protocol between the Republic of South Africa and the Government of Malaysia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income, dated 16 November 2011.

 

The Select Committee on Finance, having considered the request for approval by Parliament of the Protocol amending the agreement between the Government of the Republic of South Africa and the Government of Malaysia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income, recommends that the House, in terms of section 231 (2) of the Constitution, approves the said agreement.

 

Report to be considered.

 

9. Report of the Select Committee on Finance on the Agreement between the Republic of South Africa and the Republic of San Marino for the Exchange of Information Relating to Tax Matters, dated 16 November 2011.

 

The Select Committee on Finance, having considered the request for approval by Parliament of the Agreement between the Government of the Republic of South Africa and the Government of the Republic of San Marino for the Exchange of Information Relating to Tax Matters, recommends that the House, in terms of section 231 (2) of the Constitution, approves the said agreement.

 

Report to be considered.

 

10. Report of the Select Committee on Security and Constitutional Development on the withholding of remuneration for Mr. I W O M Morake, Magistrate at Lichtenburg, dated 2 November 2010:

 

     Introduction

 

The Select Committee on Security and Constitutional Development, having considered the report on the withholding of remuneration of a magistrate, Mr. I W O M Morake, a magistrate at Lichtenburg, tabled by the Minister for Justice and Constitutional Development, in terms of the Magistrates Act, 1993 (Act no 90 of 1993), reports as follows:

 

Background

 

1. Mr Morake was convicted by the Lichtenburg Regional Court on two counts of theft on 18 October 2010.

 

2. Mr Morake was then provisionally suspended, as approved by the National Council of Provinces on 24 November 2010, pending the outcome of an inquiry into his fitness to hold office.

 

3. The Court, on 21 June 201,1 sentenced Mr Morake to four years imprisonment on each count in terms of section 276(i) of the Criminal Procedure Act.

 

4. Mr Morake filed an application for leave to appeal against the criminal conviction on 19 July 2011.

5. The Magistrates Commission, after charging Mr Morake with misconduct, commenced the inquiry on 11 April 2011. Mr Morake requested a postponement of the inquiry pending the outcome of the appeal once sentence was imposed. The inquiry would proceed on 26 September 2011.

 

Recommendation to withhold remuneration of provisionally suspended magistrate

 

1. The Magistrates Commission, after considering Mr Morake’s submission against withholding his remuneration, recommended to the Minister to withhold the remuneration.

 

2. The Minister concurred with the recommendation, as there was no reason why a magistrate who is on provisional suspension, and who has been convicted of a serious offence by a Court of Law, should continue to receive remuneration during the period he is provisionally suspended from office, pending the outcome of the misconduct enquiry against him.

 

Conclusion

The Select Committee on Security and Constitutional Development, having considered the report on the withholding of remuneration of Magistrate I W O M Morake, reports that it concurs with the Minister of Justice and Constitutional Development and recommends that remuneration for Mr I W O M Morake be withheld.

 

Report to be considered.

 

11. Report of the Select Committee on Security and Constitutional Development on the progress reports on the provisional suspensions from office of Regional Magistrate T R Rambau, Magistrate C M Dumani, Graaff- Reinet; Magistrate D Jacobs, Clocolan; Magistrate L B Maruwa, Daveyton; Magistrate M T Masinga, Umlazi; Magistrate I W O M Morake, Lichtenburg; and Magistrate L Skrenya, Cala tabled to Parliament on 24 February 2011 and 29 June 2011, dated 26 October 2011.

 

     The Committee notes the contents of the reports and reports further as follows:

 

Introduction

 

The Select Committee on Security and Constitutional Development, having considered the reports on progress made in respect of enquiries against magistrates who have been provisionally suspended from office, tabled by the Minister for Justice and Constitutional Development, in terms of the Magistrates Act, 1993 (Act no 90 of 1993), reports as follows:

 

1. Members were concerned that, in many instances, the misconduct enquiry was postponed at the request of the defendant to await the outcome of the criminal case pending against the defendant. The Committee further noted the following with concern:

1.1  Magistrate Maruwa had his first appearance on 11 counts of fraud on 24 August 2007, yet he was only provisionally suspended on 3 February 2010; 

1.2  Magistrate Masinga was arrested for assaulting his wife with an axe on 19 March 2009, yet his provisional suspension only occurred on 30 March 2010; 

1.3  Magistrate Morake appeared in court on three counts of theft on 13 July 2007, yet he was only provisionally suspended on 4 November 2010;

1.4  Magistrate Rambau was arrested on 5 February 2010 on charges of corruption, yet he was only provisionally suspended on 4 November 2010; and

1.5  Magistrate Skrenya was provisionally suspended in November 2010, yet the decision to prosecute him was only taken on 5 August 2009.

 

The Committee recommended that the Magistrates Commission should in future commence with its misconduct enquiry regardless of the pending criminal case against a magistrate. Evidence compiled against a magistrate is sufficient motivation to proceed with a misconduct enquiry.

 

2. The Committee noted with concern that Magistrate Masinga is represented by a Public Service trade union, despite the fact that magistrates are public office-bearers. The Committee recommends that the Magistrate Commission rectify this matter and prevent this from occurring in future.

 

Conclusion

The Select Committee on Security and Constitutional Development, having considered the progress reports on the provisional suspensions from office of Regional Magistrate T R Rambau, Polokwane; Magistrate C M Dumani, Graaff- Reinet; Magistrate D Jacobs, Clocolan; Magistrate L B Maruwa, Daveyton; Magistrate M T Masinga, Umlazi; Magistrate I W O M Morake, Lichtenburg; and Magistrate L Skrenya Cala tabled to Parliament on 24 February 2011 and 29 June 2011, dated 26 October 2011 notes their contents and will await further progress reports to conclude the matters.

 

Report to be considered

 

12. Report of the Select Committee on Security and Constitutional Development on the suspension from office and the withholding of remuneration for Mr C M Dumani, Magistrate at Graaff-Reinet, dated 2 November 2010:

 

Introduction

 

The Select Committee on Security and Constitutional Development, having considered the report on the suspension from office and the withholding of remuneration of a magistrate, Mr C M Dumani, Magistrate at Graaff-Reinet, tabled by the Minister for Justice and Constitutional Development, in terms of the Magistrates Act, 1993 (Act no 90 of 1993) (the Act), reports as follows:

 

Background

 

1. Mr. Dumani is serving as a magistrate and Judicial Head at the Magistrates’ Court at Graaff-Reinet on probation.  Mr. Dumani was charged with four counts of misconduct.  He denied all the allegations against him.  At the conclusion of the misconduct inquiry, he was found guilty of three of the four charges of sexual harassment against female clerks at the Graaff-Reinet Magistrate’s Office. Mr. Dumani was legally represented throughout the inquiry.

 

Recommendation to suspend magistrate from office

 

1.         On 24 May 2010, the Presiding Officer at the misconduct inquiry recommended that Mr. Dumani be removed from office in terms of section 13(4)(a)(i) of the Act.  Mr. Dumani elected not to make any submissions with regard to the sanction.

2. At its meeting held on 26 August 2010, the Magistrates Commission considered the Presiding Officer’s findings and recommendation, as well as the representations submitted on Mr Dumani’s behalf and resolved to recommend to the Minister for Justice and Constitutional Development that the recommendation from the Presiding Officer in terms of Regulation 26(17)(b) of the Regulations for Judicial Officers in the Lower Courts, 1994 that Mr Dumani be removed from office, be accepted.  The Commission is of the view that Mr Dumani’s conduct, as set out in the charges of which he was found guilty, is so serious that it justifies his removal from office.  This conduct renders him unfit to hold the office of Magistrate.

 

Recommendation to withhold remuneration of suspended magistrate

 

1.         The Magistrates Commission further recommended to the Minister to withhold the remuneration of Magistrate Dumani.

 

3. The Minister concurred with the recommendation, as there was no reason why a magistrate, on suspension, who is not fit to hold office, and is being removed from office for that reason, should continue to receive remuneration during the period he is suspended pending Parliament’s approval of his suspension.

 

Conclusion

The Select Committee on Security and Constitutional Development, having considered the report on the suspension from office of Magistrate Mr C M Dumani, reports that it concurs with the Minister of Justice and Constitutional Development and recommends that Mr C M Dumani be removed from office and that his remuneration be withheld.

 

Report to be considered.

 

13. Report of the Select Committee on Security and Constitutional Development on the suspension from office and the withholding of remuneration for Mr D Jacobs, Magistrate at Clocolan, Free State, dated 2 November 2010:

 

Introduction

 

The Select Committee on Security and Constitutional Development, having considered the report on the suspension from office and the withholding of remuneration of a magistrate, Mr D Jacobs, a magistrate at Clocolan, Free State, tabled by the Minister for Justice and Constitutional Development, in terms of the Magistrates Act, 1993 (Act no 90 of 1993), reports as follows:

 

Background

 

1. Mr Jacobs was charged with 12 counts of misconduct in terms of Regulation 26 of the Regulations for Judicial Officers in Lower Courts, 1994 (the Regulations).   He denied all the allegations against him but was prepared to make certain admissions. The inquiry commenced on 6 August 2010, continued on 22 September 2010, 6 and 7 December 2010 and was concluded on 18 April 2011.  Mr Jacobs was legally represented throughout the inquiry.

 

Recommendation to suspend magistrate from office

 

1 The inquiry commenced in terms of Regulation 26 of the Regulations but was, by mutual agreement between the parties, terminated, as reports by Mr Jacobs’ Clinical Psychologist had been handed in, and, after he testified at the inquiry on the contents thereof, the evidence indicated Mr Jacobs’ incapacity to carry out his duties efficiently.

 

      The Clinical Psychologist testified that:

a) Mr Jacobs suffers from post-traumatic stress disorder;

b) the disorder was untreated/neglected, which resulted in, amongst others, Mr Jacobs’ alcohol abuse;

c) he is of the opinion that brain damage/brain atrophy was caused by Mr Jacobs’ abuse of alcohol, which is incurable and which could present the following characteristics:

 

(i) inconsequent behaviour

(ii) judgment varying from day to day

(iii) a lack of insight

 

d) Mr Jacobs’ memory has been affected;

e) he is of the opinion that Mr Jacobs does not have the capacity to carry out the duties of office of magistrate any longer; and

f) Mr Jacobs needs to be examined by a neurologist and a neuropsychologist to give expert evidence in respect of the factual brain damage and the cause thereof.

 

2. At its meetings held on 21 and 22 July 2011 the Magistrates Commission considered the contents of the documents as required by Regulation 28(3)(a) of the Regulations. Based on the evidence placed before the investigating officer at the investigation into Mr Jacobs’ capacity to carry out his duties of office efficiently, and the latter’s findings and reasons for them, the Commission resolved, in terms of section 13(4)(a)iii) of the Act, read with Regulation 28(3)(b) of the Regulations, to recommend to the Minister of Justice and Constitutional Development to remove Mr Jacobs from office on account of incapacity to carry out the duties of his office efficiently.

 

Recommendation to withhold remuneration of suspended magistrate

 

1.         The Magistrates Commission further recommended to the Minister to withhold the remuneration of Magistrate Jacobs.

 

2.         The Minister concurred with the recommendation as there was no reason why a magistrate, on suspension, who is not fit to hold office, and is being removed from office for that reason, should continue to receive remuneration during the period he is suspended pending Parliament’s approval of his suspension.

 

Conclusion

The Select Committee on Security and Constitutional Development, having considered the report on the suspension from office of Magistrate Mr D Jacobs, reports that it concurs with the Minister of Justice and Constitutional Development and recommends that Mr D Jacobs be removed from office and that his remuneration be withheld.

 

Report to be considered.

 

14. Report of the Select Committee on Security and Constitutional Development on the withholding of remuneration for Mr T M Masinga, Magistrate at Emlazi, dated 16 November 2011:

 

Introduction

 

The Select Committee on Security and Constitutional Development, having considered the report on the withholding of remuneration of a magistrate, Mr T M Masinga, a magistrate at Emlazi, tabled by the Minister for Justice and Constitutional Development, in terms of the Magistrates Act, 1993 (Act no 90 of 1993), reports as follows:

 

Background

 

1.         The Chief Magistrate, Durban, in a letter dated 2 April 2009, reported that Mr Masinga, on 19 March 2009, appeared in the Durban Magistrates’ Court on a charge of contravening section 17 (a), read with section 7 of the Domestic Violence Act (Act No 116 of 1998). It is alleged that he assaulted his wife with a blunt axe, that he kicked her, hit her with open hands and threatened to kill her. He also assaulted his daughters.

 

2.         At its meeting held on 26 November 2009, the Magistrates Commission considered the matter and resolved to recommend that Mr Masinga be provisionally suspended from office in terms of section 13(3) (a) of the Act.

 

3. On the 3 February 2010, the Minister of Justice and Constitutional Development, on the advice of the Magistrates Commission, provisionally suspended Mr Masinga from office.

4. On 8 February 2010, the Commission charged Mr Masinga with three counts of misconduct. The Commission was informed, in writing, on 2 March 2010, that NEHAWU would act on Mr Masinga’s behalf. The misconduct inquiry was set down for 26 August 2010. NEHAWU, acting on behalf of Mr Masinga, requested a postponement to appoint a legal representative. They were also instructed to argue that the disciplinary hearing should not proceed until the criminal case against Mr Masinga had been finalised. The inquiry was postponed to 21 October 2010, but the representative of NEHAWU was absent on the day. The Presiding Officer then postponed the proceedings to 4 February 2011 for Mr Masinga to obtain finality in respect of legal representation. Neither Mr Masinga, nor the representative of NEHAWU, presented themselves on 4 February 2011. The Presiding Officer postponed the inquiry to 28 March 2011 and requested the Commission to serve a fresh notice of hearing on Mr Masinga. The notice was served on 24 February 2011. The inquiry proceeded on 28 March 2011. Mr Masinga requested another postponement for NEHAWU to instruct an attorney. On 24 May 2011, Mr Masinga was represented by an attorney. Various points for clarification were raised and were to be addressed on 22 August 2011.

 

5. Mr Masinga’s provisional suspension was approved by the National Council of Provinces on 4 June 2010 pending the outcome of an inquiry into his fitness to hold office.

 

6. On 23 May 2011, Mr Masinga was convicted on a charge of attempted murder by the Regional Court, Durban.  Sentencing would take place on 4 October 2011.

 

Recommendation to withhold remuneration of provisionally suspended magistrate

 

1. Mr Masinga is currently on suspension since 3 February 2010 with remuneration.

2. Mr Masinga intends taking his criminal conviction on appeal or review once sentence is imposed.

 

3. The Magistrates Commission requested Mr Masinga to show cause why the Commission should not determine to withhold his remuneration.

 

4. The Magistrates Commission determined that the argument submitted by Mr Masinga’s attorneys did not take the matter further and did not address why the Commission should not withhold remuneration.

 

5. The Minister concurred with the recommendation to withhold remuneration, in terms of section 13(4A)(a) of the Magistrates Act, as there was no reason why a magistrate who is on provisional suspension, and who has been convicted of a serious offence by a Court of Law, should continue to receive remuneration during the period he is provisionally suspended from office pending the outcome of the misconduct enquiry against him.

 

Conclusion

The Select Committee on Security and Constitutional Development, having considered the report on the withholding of remuneration of magistrate, Mr. T M Masinga, a magistrate at Emlazi, reports that it concurs with the Minister of Justice and Constitutional Development and recommends that remuneration be withheld from Mr T M Masinga.

 

Report to be considered.

 

15. Report of the Select Committee on Security and Constitutional Development on the provisional suspension from office of Mr P S Hole, Regional Magistrate at Kimberley, dated 16 November 2011:

 

Introduction

 

The Select Committee on Security and Constitutional Development, having considered the report on the provisional suspension of a magistrate, Mr P S Hole, a Regional Magistrate at Kimberley, tabled by the Minister for Justice and Constitutional Development, in terms of the Magistrates Act, 1993 (Act no 90 of 1993), reports as follows:

 

Background

 

1. The Regional Court President, Mr K Nqadala, of the Northern Cape region, received enquiries via the Chief Magistrate, Kimberley, from Social Worker, Ms Liesel Vermeulen of Molehe Mampe Secure Care Centre about progress on certain cases, including cases RCZ 856/2009 and RCZ 641/2010 

 

2. On the l7 May 2011, Mr Nqadala forwarded copies of the said enquiries to Mr Hole and all other regional court magistrates within his region. Mr Hole raised an objection to the disclosure of these enquiries to him.

 

3. On 7 June 2011 Mr Hole caused a matter, case RCZ 856/2009 — State v P Loeto, which was no longer on his roll, to be placed before him. Mr Hole subpoenaed the Regional Court President, Mr Nqadala, to provide evidence in respect of the charge on which the accused was appearing in a case where the Regional Court President was not involved and could not provide any evidence.

 

4. Mr Hole, by taking up the matter of his objection to the disclosure of the enquiries from the Regional Court President in public, and using the court as a platform, caused the Regional Court President, Mr Nqadala, to be ridiculed in public. The court transcripts revealed the following: “Court: You will recall, Mr Nqadala, that I objected to you writing to me among other persons in this fashion.".

 

5. Mr Hole questioned his Head of Office’s qualifications and whether he knew the meaning of an accused’s right to a fair trial. He further questioned his Head of Office’s understanding the residual rights of an accused person and whether Mr Nqadala thought it fair to include a letter that disclosed information that painted the accused in a bad light. 

 

6. The Magistrates Commission at its meeting on 22 July 2011, considered the contents of various complaints received during July 2011 from the Regional Court President, Mr Nqadala, regarding Mr Hole.

 

7. The complaints refer, inter alia, to the following, amongst others:

7.1 A transcript of the court proceedings in case no. RCZ 856/2009 —- State v P Loeto and others in which Mr Hole presided on 7 July 2011, when Mr K M Nqadala was summoned to appear in his court,

7.2 A transcript of the court proceedings in case RCZ 641/2010 ·— State v Mbalula and Others in which Mr Hole presided on 7 June 2011 in the absence of the accused. The transcript indicates that Magistrate V S Smith remanded the case on 6 June 2011 to 20 June 2011. There is, however, no indication on the transcribed record as to why the case was enrolled on his court roll on 7 June 2011.

7.3 The transcript of the court proceedings in case RCZ 641/2010 further indicates that Mr Hole presided in the matter on 7 July 2011, while Magistrate V Smith remanded the case on 20 June 2011 to 11 July 2011. There is, again however, no indication on the transcribed record as to why the case was enrolled on his court roll on 7 July 2011.

7.4 The transcript of the court proceedings in case RCZ 641/2010 furthermore indicates that Mr Hole presided over the matter on 12 July 2011, while the case had been remanded on 11 July 2011 to 14 and 15 December 2011 by Magistrate V Smith. There is no indication on the transcribed record as to why the case was enrolled on his court roll on 12 July 2011 when he had formally recused himself from the case while the case was not properly before him for trial.

7.5 The transcriptions in case no. RCZ 856/2009 — State v P Loeto and Others and case no. RCZ 641/2010 — State v Mbalula and Others contain various remarks, utterances and discussions by Mr Hole which, in the Commission’s view, inter alia displayed an abuse of judicial power; as well as discussions, remarks and comments on matters pertaining to the magistrates’ profession in a manner which brought the judiciary into disrepute, which was detrimental to the image of the office of magistrate and which did not uphold and promote the good name, dignity and esteem of the office of magistrate and the administration of justice.

 

8. In order to advise the Minister on his provisional suspension from office pending the outcome of the investigation, Mr Hole was afforded the opportunity to comment on the intention of the Magistrates Commission to provisionally suspend him.

9. Mr Hole responded in writing on 29 August 2011. At its meeting held on 17 September 2011, the Commission, having considered Mr Hole’s response dated 29 August 2011, resolved to recommend that Mr Hole be provisionally suspended from office in terms of section 13(3)(a)

 

Recommendation to provisionally suspend magistrate

 

1. The Commission is of the view that the transcribed court proceedings present reliable evidence indicating that the allegations against Mr Hole are of such a serious nature as to make it inappropriate for him to perform the functions of a magistrate while the allegations are being investigated.

2. The Minister concurred with the Commission’s recommendation to provisionally suspend Magistrate P S Hole, in terms of section 13(3)(a) of the Magistrates Act, pending the outcome of the investigation into his fitness to hold office.

 

Conclusion

The Select Committee on Security and Constitutional Development, having considered the report on the provisional suspension from office of magistrate Mr P S Hole, a Regional Magistrate at Kimberley, reports that it concurs with the Minister of Justice and Constitutional Development and recommends that the National Council of Provinces confirms the provisional suspension from office with remuneration.

 

Report to be considered.

 

16. Report of the Select Committee on Security and Constitutional Development on the withholding of remuneration for Magistrate Mr L B Maruwa an additional Magistrate at Daveyton District Court, Gauteng, dated 16 November 2011:

 

Introduction

 

The Select Committee on Security and Constitutional Development, having considered the report on the withholding of remuneration of a magistrate, Mr L B Maruwa, an additional Magistrate at Daveyton District Court, Gauteng, tabled by the Minister for Justice and Constitutional Development, in terms of the Magistrates Act, 1993 (Act no 90 of 1993), reports as follows:

 

Background

 

1.         Mr Maruwa appeared on 24 August 2007 before the Springs Regional Court on eleven counts of fraud.  On 29 September 2009, Mr Maruwa was convicted of fraud on all eleven counts.   

 

2.         The conviction of Mr Maruwa flowed from the fact that, while presiding over a case involving a traffic offence, allegedly committed fraud by endorsing the court records to wrongly reflect: 

 

2.1. that the court wherein he presided, was properly constituted in that the prosecutor in his capacity as a prosecutor was present;

2.2. that the prosecutor put charges to the accused who had committed the traffic offence;

2.3. that the prosecutor had no address on the merits;

2.4. that the prosecutor proved no previous convictions; and

2.5. that the prosecutor had the opportunity to take part in the subsequent enquiries in terms of section 170(1) of Act 51 of 1977 for the failure of the accused to appear in court in the listed traffic offences reflected on the charge sheet.

 

3. The Springs Regional Court, on 09 November 2009, sentenced Mr Maruwa to a fine of R5 000.00 or 12 months imprisonment.  Mr Maruwa paid the fine.  He appealed against his criminal conviction and sentence.  The appeal was considered on 29 July 2011.

 

4. On 11 December 2009 the Commission charged Mr Maruwa of eleven counts of misconduct and served a notice, in terms of section 13(3)(e), containing the allegations against him, on 05 March 2010.

 

5. The Minister, on the advice of the Magistrates Commission, provisionally suspended Mr Maruwa from office with effect from 03 February 2010. The suspension was confirmed by both Houses of Parliament on 1 and 4 June 2010 respectively.

 

6. The misconduct inquiry commenced on 04 June 2010 and was postponed sine die at the request of the defence, pending the outcome of the criminal matter on appeal.

 

7. Mr Maruwa appealed to the South Gauteng High Court against his criminal conviction and sentence. The judges on appeal referred the appeal to the full bench of the North Gauteng High Court, Pretoria, which, on 29 July 2011, dismissed Mr Maruwa’s appeal against his conviction.

 

Recommendation to withhold remuneration of provisionally suspended magistrate

1. Mr Maruwa has currently been on suspension since 3 February 2010 with remuneration.

 

2. Mr Maruwa’s criminal conviction of 11 counts of fraud was confirmed by the full bench of the North Gauteng High Court.

 

3. The Magistrates Commission requested Mr Maruwa to show cause why the Commission should not determine to withhold his remuneration.

 

4. The Minister concurred with the recommendation to withhold remuneration, in terms of section 13(4A)(a) of the Magistrates Act, as there was no reason why a magistrate who is on provisional suspension, and who has been convicted of a serious offence by a Court of Law, should continue to receive remuneration during the period he is provisionally suspended from office pending the outcome of the misconduct enquiry against him.

Conclusion

The Select Committee on Security and Constitutional Development, having considered the report on the withholding of remuneration of magistrate Mr. L B Maruwa, an additional Magistrate at Daveyton District Court, Gauteng, reports that it concurs with the Minister of Justice and Constitutional Development and recommends that remuneration be withheld from Mr L B Maruwa.

 

Report to be considered.

 

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