Hansard: NCOP: Unrevised hansard

House: National Council of Provinces

Date of Meeting: 24 May 2011

Summary

No summary available.

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Minutes

UNREVISED HANSARD

 

TUESDAY, 24 MAY 2011

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PROCEEDINGS OF NATIONAL COUNCIL OF PROVINCES

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The Council met in the Old Assembly Chamber at 14:00.

 

The Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.

 

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see column 000.

 

NOTICES OF MOTION

 

The CHIEF WHIP OF THE COUNCIL: Chairperson, I hereby give notice that at the next sitting of the Council I shall move:

 

   That the Council —

 

(1) notes that on Wednesday, 18 May, over 14 million voters cast their votes for the 2011 local government elections where the African National Congress, ANC, won a decisive and overwhelming majority of 63% of the total votes nationally, winning a total of 198 councils, including seven metropolitan areas and 5 633 seats across the country, followed by the Democratic Alliance, DA, with just over 23% of the votes and 1 555 council seats, including the Cape Metropolitan and Midvaal, followed by the Inkatha Freedom Party, IFP, and the Congress of the People, Cope, with a very poor showing from both parties;

 

(2) further notes that the ANC received an overwhelming majority of votes in eight of the nine provinces, which is an indication of the overwhelming trust in the ANC’s agenda to transform South Africa and ensure that all our people enjoy a better quality of life, and that we break the repulsive apartheid cord and legacy of our divided past;

 

(3) takes this opportunity to congratulate the entire team of the Independent Electoral Commission, IEC, particularly Brigalia Bam, Chairperson of the IEC, and Adv Pansy Tlakula, the Chief Executive Officer of the IEC, for their sterling work in delivering yet another free and fair election and for ensuring that the highest number of voters turned out for the election; and

 

(4) extends its profound appreciation to the communities, party agents, candidates and volunteers across South Africa who worked tirelessly to ensure that the ANC continues to lead the agenda to change the lives of our people and bring development in their communities that have been ravaged by long years of apartheid neglect and racial segregation.

 

Mr F ADAMS: Thank you, Chairperson, also for not forgetting me after this long recess. I hereby give notice that at the next sitting of the Council I shall move:

 

   That the Council —

 

(1) notes that in a landmark judgment the Western Cape High Court ordered the Democratic Alliance, DA, led City of Cape Town to enclose the open-air toilets erected for residents of Makhaza in Khayelitsha in the Western Cape province;

 

(2) further notes that when passing the judgment on the open toilets the Western Cape High Court Judge Nathan Erasmus declared the provision of open toilets in Makhaza to be a violation of the residents' constitutional right to dignity and that such toilets should be enclosed;

 

(3) further notes that a few weeks ago a number of open toilets were uncovered in Viljoenskroon’s Rammulotsi township in the Moqhaka municipality in the Free State and that the leadership of the ANC condemned the building of open toilets for people as unacceptable and ordered the municipality to enclose them instead of emulating the DA by wasting taxpayers’ money to contest such an unacceptable arrangement to give our people half services;

 

(4) takes this opportunity to welcome the Western Cape judgment as a victory for our people and congratulate the leadership of the ANC for speaking against the delivery of open toilets to our people and ordering the Moqhaka municipality to enclose them; and

 

(5) condemns in the harshest possible terms any attempt by the DA to waste taxpayers’ money to contest the delivery of open toilets to our people as a waste and a clear utter disregard and wasteful expenditure by the DA.

 

The CHAIRPERSON OF THE NCOP: Hon members, can I just remind you that your motions should be one-and-a-half minutes long. Do not take so long that I have to stop you from taking time from other members who also want to move notices.

 

Mr T B BEYLEVELDT: Chairperson, I hereby give notice that at the next sitting of the Council I shall move:

 

That the Council —

 

(1) notes that the local government elections of 2011 went well and were conducted by the IEC in a good, organised and structured manner and we congratulate them for work well done;

 

(2) further notes that the DA in the Western Cape outran the ANC and won 55% of the votes against the 33% of the ANC – the blue wave overshadowed the ANC;

 

(3) recognises that a very remarkable outcome was the 61% voting tally for the DA in the Metro against the 33% of the ANC, an outright majority for the DA – the toilet strategy did not work;

 

(4) notes that the DA won 15 municipalities in the Western Cape with the possibility of governing another 11 in a coalition government;

 

(5) acknowledges that, on a national basis, the DA performed outstandingly well with 23,9% of the votes, an increase on the 16,7% achieved in 2009;

 

(6) realises that the message to the ANC is clear – the DA is on the move to become the next government in South Africa; and

 

(7) thanks all the voters who voted.

 

 

Mr M W MAKHUBELA: Chairperson, I hereby give notice that at the next sitting of the Council I shall move:

 

That the Council —

 

(1) notes the continued killing of police officers in the line of duty as happened once again with criminals gunning down  Warrant Officer Gershwin Matthee and Constable Cannon Cloete in Wallacedene in Cape Town;

 

(2) questions whether the training of police officials as well as the procedures used in sending only two police officials into dangerous areas should not be immediately reviewed and revised; and

 

(3) further questions what role communities should play when requesting police investigation in their localities.

 

Mr S H PLAATJIE: Chairperson, I hereby give notice that at the next sitting of the Council I shall move:

 

That the Council —

 

(1) notes the need to reform the procedures for the compilation of nominations lists as the problems arising therefrom are beginning to threaten the viability of our democracy and the stability of our country;

 

(2) further notes the failure of the ANC to rapidly resolve the unhappiness of communities, as is evident in Bizana; and

 

(3) acknowledges the need for the ANC, especially President Zuma, to resolve this burning issue as he has promised with the urgency that it deserves.

 

Mr K A SINCLAIR: Chairperson, I hereby give notice that at the next sitting of the Council I shall move:

 

That the Council —

 

(1) notes the success of the Congress of the People in the Northern Cape, which at its first outing garnered almost 12% of the votes in the province;

 

(2) further notes the great change in delivery that the Cope and DA administration will now bring to the Karoo Hoogland municipality and the Calvinia Hantam municipality;

 

(3) questions how long people who will not get excellent service delivery will remain contented with the administration that failed them repeatedly in the past and is likely to do the same in the next five years; and

 

(4) congratulates Cope and the DA for making such great advances in the communities of the Northern Cape.

 

Mr D V BLOEM: Chairperson, I hereby give notice that at the next sitting of the Council I shall move:

 

That the Council —

 

(1) notes that while the prophets of doom were trying to convince South Africans that Cope is something of the past, Cope has shown that they are here to stay;

 

(2) further notes that the voters once more showed their confidence in the leadership of Cope’s president Terror Lekota;

 

(3) realises that the Congress of the People has now risen to be the kingmaker in numerous municipalities across the Republic, with both the ANC and DA recognising that they can’t move without the support of Cope; and

 

(4) acknowledges that, in the face of great adversity and with limited resources, Cope was still able to run a successful campaign across all nine provinces and in almost all municipalities and showed the rest of South Africa that it will be a force to be reckoned with come 2014.

 

Mr A WATSON: Chairperson, I hereby give notice that at the next sitting of the Council I shall move:

 

That the Council —

 

(1) congratulates the Democratic Alliance on its outstanding achievements in regard to the results of the past local government elections, noting in particular that –

 

(a) the DA is the only established party that has increased its support, growing its base by 70%, but almost doubling in real terms;

 

(b) around 1 in 4 voters cast their votes for the DA on Wednesday;

 

(c) the DA grew its support in every municipality it contested;

 

(d) the DA increased its support among black, white, coloured and Indian South Africans;

 

(e) the DA has increased its support among poor and rich; and

 

(f) the DA is South Africa’s most diverse party, South Africa’s only growing party and South Africa’s best party for service delivery in government.

 

Mr Z MLENZANA: Chairperson, I give notice that at the next sitting of the Council I shall move:

 

   That the Council -

 

(1) notes the irresponsible and extremely dangerous incitement of ANC supporters by Nceba Faku, ANC Nelson Mandela Bay regional chairman, who urged party supporters to burn down the offices of The Herald;

 

(2) further notes the continuing hostility of the ANC leadership to the media, which is doing no more than reflecting the party’s failure to deliver services; and

 

(3) acknowledges the importance of each political party taking decisive disciplinary action against their members who act in gross violation of our constitutional order and who take it upon themselves to incite hatred, fear and violence, as Mr Faku did in the Nelson Mandela Bay Metro.

Ms D Z RANTHO: Chairperson, I hereby give notice that at the next sitting of the Council I shall move:

 

   That the Council -

 

(1) notes that the African National Congress, ANC, won a decisive majority of 73,2% of the votes cast in the Eastern Cape province for the 2011 local government elections on Wednesday, 18 May 2011, in which the ANC won the Nelson Mandela Bay Metro, where the Democratic Alliance and the Congress of the People had hoped to form a governing coalition, and won many municipalities across the province, with resounding victories in Alfred Nzo, and O R Tambo where it took 33 out of 35 wards, including Chris Hani, Joe Gqabi, Cacadu and Amathole;

 

(2) acknowledges that this is a clear indication that the people of the Eastern Cape province have potent confidence and affirmation in the policies and programmes of the ANC; and

 

(3) takes this opportunity to congratulate the people of the Eastern Cape province for rising to the call to defend the gains made in dismantling the legacy of apartheid in our communities by ensuring that the ANC leads the task of bringing development to our communities.

 

Mr D D GAMEDE: Hon Chairperson, I hereby give notice that at the next sitting of the Council I shall move:

 

   That the Council -

 

(1) notes that the African National Congress, ANC, won the Nkandla Ward 14 with 53,9% of the vote, or 1 219 votes, followed by the National Freedom Party, which received 29,73% of the vote, or 673 votes, and the Inkatha Freedom Party, IFP, with only 16,28%, or 368 votes;

 

(2) further notes that Ward 14 is where President Jacob Zuma’s homestead is situated and has been controlled by the IFP since the first democratic local government elections; and

 

(3) takes this opportunity to congratulate the people of Nkandla, the ANC leadership in Ward 14 and the volunteers for showing trust in the ANC’s commitment to bring development in their area.

 

Mr D B FELDMAN: Chairperson, I give notice that at the next sitting of the Council I shall move:

 

   That the Council debates -

 

(1) the unacceptability of officials who are on suspension continuing to receive full remuneration for years on end, as in the case of Judge Nkola Motata, who was found guilty of driving under the influence in 2009 and has been on special leave on full salary for four years, and continuing;

 

(2) the necessity for government to use taxpayers’ money more judiciously and to get full value for that money; and

 

(3) whether or not to ask the Judicial Service Commission to draw the line and set an example and to send a clear message to public servants that any indiscretion on their part will have serious consequences, financial consequences being one of them.

 

Mr A G MATILA: Chairperson, I give notice that at the next sitting of the Council I shall move:

 

   That the Council -

 

(1) notes that a few days after the elections the Democratic Alliance, DA, in Tshwane has been hit by serious allegations of racism, with black members claiming marginalisation and ill-treatment by white party leaders;

 

(2) further notes that this incident follows a petition drafted by disgruntled DA members and the party’s chief whip, Derek Fleming, who spoke against racism in the DA and the ill-treatment of black members and candidates amid claims that the party’s regional leader, Brandon Topham, is sympathetic to “white racists” in the party; and

 

(3) takes this opportunity to condemn in the harshest possible terms the abuse of our people by a party that exploits the conditions facing our people by promising positions, food parcels and houses when they vote for the DA, only to ill-treat them and subject them to repulsive racial slurs and bigoted treatment.

 

Mr G G MOKGORO: Chairperson, I hereby give notice that at the next sitting of the Council I shall move:

 

   That the Council -

 

(1) notes that the African National Congress, ANC, won the Thembelihle municipality in the Northern Cape, which includes the Afrikaner enclave of Orania;

 

(2) acknowledges that some of the people who voted for the ANC in the Thembelihle municipality were from Orania and welcomes their support and trust in the commitment of the ANC to build a better South Africa; and

 

(3) takes this opportunity to congratulate all the candidates, volunteers and communities who worked tirelessly to ensure that the ANC wins the municipality.

 

ALLEGED ASSAULT OF MR NKABINDE BY POLICE IN NEWCASTLE

 

(Draft Resolution)

 

Mr R A LEES: Chairperson, on behalf of the DA I move without notice:

 

 That the Council –

 

(1) notes with grave concern -

 

(a) the alleged assault of Mr Nkabinde by members of the public order policing, POP, unit in Newcastle on 25 April 2011;

 

(b) the failure of the SAPS charges against Mr Nkabinde;

 

(c) the invasion of the Nkabinde home by the POP members;

 

(d) the continued assault of Mr Nkabinde in his home in the presence of his children;

 

(e) the dragging by male members of the SAPS POP unit of the 19-year-old daughter of Mr Nkabinde naked from the bathroom; and

 

(f) the spraying of the members of Mr Nkabinde’s family with pepper spray;

 

(2) therefore calls on the Minister of Police to take immediate action to ensure that the ICD fully investigates these allegations and that, if true, the culprits are dealt with without mercy; and

 

(3) further calls on National Police Commissioner Bheki Cele to desist from instigating members of the SAPS to deal violently with members of the public and in particular to desist from using his “shoot to kill” instruction to members of the SAPS.

 

[Interjections.]

 

The CHAIRPERSON OF THE NCOP: In light of the objection, the motion may not be proceeded with. The motion without notice will now become a notice of motion.

 

DA VICTORIES IN LOCAL GOVERNMENT ELECTIONS NOT A RESULT OF INROADS INTO ANC SUPPORT

 

(Draft Resolution)

 

Mr M P JACOBS: Chairperson, I move without notice:

 

 That the Council –

 

(1) notes that the local government elections last week confirmed that the small parties have virtually all imploded, losing their support largely to the African National Congress, ANC, and Democratic Alliance, DA;

 

(2) acknowledges that this is an indication that the DA has reached its ceiling in terms of its support in the minority communities and the few township areas;

 

(3) further acknowledges that the DA’s perceived growth and victory in a few municipalities is relative and without real significance, given that the DA did not make any inroads into ANC support and that black support for the DA was mainly drawn from Cope voters who did not support the ANC before; and

 

(4) concludes that the results in the Cape Town and Nelson Mandela Bay Metropolitans are indicative that the DA was mainly strengthened by Cope supporters who have defected to the DA and the large majority of their undecided voters and the ID, which has been swallowed, and who in time will realise that only the ANC is committed to bringing change in our communities, especially in the coloured and Indian areas that have been neglected by the DA.

 

[Interjections.]

 

The CHAIRPERSON OF THE NCOP: In the light of the objection, the motion may not be proceeded with. The motion without notice will now become a notice of motion.

 

BLITSBOKKE WIN SEVENS RUGBY TOURNAMENT IN LONDON

 

(Draft Resolution)

 

Mrs R N RASMENI: Chairperson, I move without notice:

 

 That the Council –

 

(1) notes that the Blitsbokke won the sevens rugby tournament at Twickenham Stadium in London, UK, last Sunday by beating Fiji convincingly by 24 – 14 in the final after having trailed 0 – 14 at half-time; and 

 

(2) congratulates the team as well as their coach Paul Treu and his management team on this remarkable achievement.

 

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

 

DEATH OF JOURNALIST ANTON HAMMERL BY MERCILESS FORCES IN LIBYA

 

(Draft Resolution)

 

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

 

 That the Council –

 

(1) notes with extreme sadness and shock the tragic death of one of the world’s respected and outstanding journalists, Anton Hammerl, who was killed by the merciless forces of the Libyan government during its senseless and indiscriminate use of deadly force against its own civilians;

 

(2) further notes that the Libyan government, and in particular the sons of Libyan leader Muammar Gaddafi assured the South African government that Hammerl was alive and in custody;

 

(3) takes this opportunity to extend its profound condolences to the family and friends of Hammerl, who played an important role in assisting our government to find out what happened to Hammerl; and

 

(4) condemns in the harshest possible terms the brutal killing of Hammerl and the blatant lies told by the Libyan government and calls on the government of Libya to hand over the body of Hammerl so that he can be laid to rest.

 

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

 

CONGRATULATIONS TO ORLANDO PIRATES ON ABSA PREMIERSHIP TITLE WIN AND WELL WISHES TO PIRATES AND BLACK LEOPARDS FOR UPCOMING CUP FINAL

 

(Draft Resolution)

 

Mr D V BLOEM: Chairperson, I move without notice:

 

   That the Council –

 

(1) notes that Orlando Pirates won the Absa Premiership title on Saturday, 21 May 2011, at Orlando Stadium against a spirited Golden Arrows team;

 

(2) further notes that with this win the Buccaneers clinched their first premiership title in eight years;

 

(3) congratulates Pirates on this wonderful achievement; and

 

(4) wishes both Orlando Pirates and their opponents, the Black Leopards, well in their upcoming Nedbank Cup Final this Saturday at a sold-out Mbombela Stadium.

 

Ezimnyama ngenkani zikaMagebhula! [The black ones of Magebhula!]

 

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

 

APPROPRIATION BILL

 

(Policy debate)

 

Vote No 15 – Basic Education:

 

The MINISTER OF BASIC EDUCATION: Hon Chairperson, hon members, distinguished guests, ladies and gentlemen, the MEC for education from the Western Cape and learners up there in the gallery, I feel specially honoured to be given a chance to address the NCOP only six days after the local government elections, with the ANC having scored a great victory. Thank you for giving us a hearing in spite of the mood of excitement and jubilation all around.

Honouring these democratic processes is vital for nurturing and sustaining our hard-won freedoms and rights. It is in this spirit of accountability, responsiveness and transparency that I stand before this august Council to present the Budget Vote of the Department of Basic Education.

 

Our focus this year is mainly on strengthening the delivery-driven basic education system in line with the delivery agreement we entered into in October 2010. It is only through education that we can roll back the tide of poverty and joblessness and redress apartheid inequalities. It is precisely because of the pivotal role it plays in creating a better life for all that education remains an Apex Priority of the current administration.

 

For the 2011-12 financial year the overall budget for our department has increased from R6,369 billion to R13,868 billion. Note that this allocation concerns only the national Department of Basic Education – Vote No 15. It does not include allocations for provincial departments of education. The 2011-12 consolidated investment in the education sector, which includes the national department and all nine provincial departments of education, is R168,056 billion.

 

Last year we made bold to say we have made huge strides in education since the advent of democracy and committed to do more to address challenges to the provision of quality education. We committed to developing an education sector plan that would help us transform schooling, ensuring all of us, as the national and provincial departments of education, worked together to deliver an education system that speaks directly to the current needs of our democratic and developmental state.

 

Thus, on 2 August 2010, we gazetted Action Plan to 2014: Towards the Realisation of Schooling 2025. We took this step following consultation with the Council of Education Ministers and in terms of the National Education Policy Act of 1996. This action plan provides key outcomes and performance deliverables for the entire education system and will help us to co-ordinate provincial planning and reporting.

 

In spite of formidable challenges, including the teachers’ strike, we achieved an impressive 67,8% pass rate in the 2010 Grade 12 national senior certificate exams. All provinces improved their performance, with Gauteng achieving the highest pass rate in the country at 78,6%.

 

We are satisfied with progress on preparations for the incremental implementation of the reviewed Curriculum and Assessment Policy Statements. This will start in January 2012, in the foundation phase and Grade 10.

 

As indicated last year, to enhance quality we required an effective performance evaluation mechanism. Accordingly, on 17 and 18 March 2011 we launched the National Education Evaluation and Development Unit, Needu. We appointed Prof John Volmink as its inaugural CEO, with effect from 1 July 2010. Since then, six additional staff members have been appointed to the team.

 

Needu’s main task would be to provide an authoritative, analytical and accurate account of the state of education and the status of teaching and learning in all schools. A draft Bill has been developed and we look forward to the support of the NCOP in finalising relevant legislation.

 

Regarding the workbooks, last year we promised to provide high-quality workbooks in literacy and numeracy for learners in Grades 1 to 6, and literacy, numeracy and life skills for learners in Grade R, to improve and enhance the quality of learning. We have copies of these workbooks outside the door here and members are free to pick up a copy and see the quality of these books.

 

Workbook 1 was rolled out to the schools from January 2011, but with difficulties and delays in some schools. Workbook 2 should reach the learners next month. To reduce delivery glitches, the department has verified relevant data with provinces, including the number of learners.

 

With regard to the assessments, we are committed to improving the performance of Grades 3, 6 and 9 from an average performance of between 27% and 38% to at least 60% by 2014. One way of doing this was to administer the annual national assessments that are standardised and internationally benchmarked. Analysis of results of such assessments will inform the plans we adopt to improve education.

 

We started in February 2011 with Grades 1 to 6 and Grade 10. Approximately 6,5 million learners participated. We wanted to release the report at the end of April, but we had to move the date due to the enormity of the work involved. A new date will be announced soon.

 

With regard to the challenges, in spite of the footprints we have made, a lot still needs to be done. Institutional challenges include inefficiencies resulting in poor management and weak financial controls. We see evidence of this in some provincial education departments continuing to receive qualified reports. We are still battling with poor accountability in the system, including poor planning, implementation and reporting.

 

The education system is also plagued by learner-related challenges around their wellbeing, exacerbated by poverty and social deprivation; ill-discipline and youth criminality; and reproductive health-related problems, like teenage pregnancy.

 

It is against this background that this year we launched the Bill of Responsibilities campaign, in partnership with Lead SA and the South African Interfaith Council. Raising awareness around the Bill of Responsibilities will help promote the Bill of Rights, constitutional values and civic responsibilities.

 

Educator-related challenges include educator wellbeing, which has been aggravated by the nation’s burden of disease, like the impact of HIV and Aids; low levels of skills, commitment and discipline; and inappropriate working conditions.

 

While great progress has been made, the sector needs to intensify ongoing work in the area of curriculum development, implementation and monitoring. Provincial departments, as conduits to schools, are critical in this regard.

 

Our educational outcomes continue to reflect socioeconomic patterns of inequalities. One of our major challenges remains addressing inequalities in the system. Believing that every child is a national asset, we will work with our provinces to ensure that no child is left behind.

 

Given the many challenges plaguing the education system and the need to respond to them effectively and better support the national goal of achieving inclusive growth and economic freedom, our response has been the decision to up the bar and work even harder towards a delivery-driven basic education system. In keeping with government’s commitment to outcomes-driven service delivery, the department will continue aligning itself to outcomes delivery processes.

 

Therefore, during the 2011-12 financial year, we will lift our current delivery programme by establishing a planning and delivery oversight unit. This unit will work with and through provinces in weaving together all current initiatives so as to allow for a coherent value chain from policy to implementation in the classroom.

 

The department will continue to focus on the following levers to steer this quality education outcomes improvement programme. Given the key role of gateway subjects in accelerating economic transformation and growth, we will do more to improve performance in maths and science. We’re already developing a maths and technology strategy to reinforce the Dinaledi schools programme, which has received a conditional grant amounting to R70 million in 2011-12.

 

All our efforts aimed at enhancing the quality of learning outcomes will indeed benefit immensely from heeding the President’s call for more focus on the Triple T: teachers, textbooks and time. Thus, working with provincial departments of education, we will ensure that we indeed deliver on the objective of providing a textbook for every learner in every subject.

 

Plans for the central procurement of learning and teaching support materials are under way. In this regard, consultation with provincial departments of education is continuing. We hope this will result in efficient service through which we will eliminate the risks associated with expensive and inefficient procurement processes which have until now made it difficult for us to provide every child with a book in every subject.

 

All these efforts will not adequately produce a delivery-driven basic education system without quality teachers. We will therefore proactively up our work on teacher development to advance the Triple T and ensure that teachers are in class and teaching at least seven hours a day, as President Zuma has directed. For us, teachers are a critical resource for improving quality.

 

On 5 April 2011, with Minister Nzimande, we launched the Strategic Planning Framework for Teacher Education and Development. It is key to achieving Output 1 of the delivery agreement, that is, improving teacher capacity and practices.

 

Improving the quality and conditions of service for teachers is a top priority. Last year, the monitoring of implementation of the occupation-specific dispensation was stepped up. We will continue to monitor full implementation by provinces to ensure that unintended consequences are addressed.

 

Funza Lushaka bursaries have increased to R449,44 million and will reach R893,867 million in 2013-14. Our targets include attracting young qualified teachers and filling the vacant posts to help advance this year’s clarion call for the creation of decent jobs and economic transformation and freedom for all.

 

This year we will continue to strengthen school management and governance. The department is reinforcing the training of principals, particularly those from underperforming schools. More work will be done to improve school infrastructure. We will continue working with communities at all levels, encouraging their participation and urging them to take ownership of school buildings. A community facilitation team has been constituted to work with school communities.

 

We will eradicate mud and unsafe structures. For 2011-12, we have prioritised 85 mud schools and 246 inappropriate structures. We will provide water to at least 807 schools, sanitation to 391 schools and electricity to 286 schools. For free-standing facilities without adequate resources, we will build 29 administration blocks, 25 libraries and six laboratories. Working with provinces, by 2014 we will have attended to 3 627 schools that need to be brought up to basic functionality and safety levels.

 

An allocation of R5,498 billion for the education infrastructure conditional grant has been introduced for 2011-12. The school infrastructure backlogs indirect grant of R700 million has also been introduced. We will continue to pay serious attention to the health, safety and protection of children, mainly children at risk.

 

In 2010-11, the National School Nutrition Programme reached over 10 million learners in approximately 21 000 schools. For 2011, the National School Nutrition Programme conditional grant has increased to R915 million to cater mainly for implementation in quintile 3 secondary schools.

 

Education being a concurrent function, we’re very worried indeed that 18 of our districts are underperforming. We are also very much aware that provinces are not performing satisfactorily in different areas, including slow spending on some programmes and overspending in other areas.

 

We will work with provinces, particularly those that received qualified reports, to deal properly with the Auditor-General’s concerns. We will also prioritise the strengthening of outcomes improvement plans of poorly performing provinces and districts.

 

Regarding the intervention in the Eastern Cape department of education, I made a ministerial statement to Parliament on 16 March 2010. The Eastern Cape department of education had struggled for the past 16 years to establish itself as a stable and fully functional department. The challenges resulted in a Cabinet decision to invoke section 100(b) of the Constitution in March 2011, to allow the Ministry of Basic Education to work with the province to implement a comprehensive and sustainable intervention.

 

Subsequently, as required by the Constitution, a notice regarding the intervention was lodged with the NCOP on Tuesday, 15 March 2011. Since then we have established an intervention unit that co-ordinates the activities of the intervention. An intervention framework has been completed and a detailed intervention plan will be completed in a month’s time. Following engagements with the premier and the MEC for education, a memorandum of agreement will soon be signed.

 

Regarding the critical areas of service delivery, the National School Nutrition Programme has been resuscitated. The programme has been decentralised to schools and a strategy has been developed to strengthen it. Temporary teachers whose contracts were terminated in December 2010 have been reinstated. Temporary relief in the form of mobile classrooms has been provided to address the challenge of mud and unsafe schools while plans are being finalised for building permanent schools.

 

On learner and teacher support materials, 90% of non-section-21 schools have received textbooks and workbooks. Learner transport has been restored, particularly in rural areas. A team from the national department is working with the officials from the Eastern Cape departments of education and transport to ensure norms and standards are adhered to in this regard. The shortage of stationery is also receiving urgent attention.

 

It is our hope that the intervention will turn around the situation in that province and ensure delivery of key educational outcomes.

 

In conclusion, I wish to say a special word of thanks to you and to all patriots who supported the class of 2010. Let us all support the class of 2011 this year. I am grateful for the support of my Deputy Minister in absentia, the MECs and the director-general, Bobby Soobrayan. I call him “Abrahams”. [Laughter.] Sorry, I think all Indians have the same name. I thank all the HODs from different provinces and all our officials in the department. I am grateful to our teachers, principals, parents and learners for their hard work and dedication to education because we believe that working together we can deliver a transformative, high-performing, quality education system. I thank you, Chairperson. [Applause.]

 

Ms M G BOROTO: Chairperson, hon Minister of Basic Education and Deputy Minister in absentia, hon members, special delegates and our distinguished guests, it is my sincere pleasure to address this august House on the occasion of the debate on the Budget Vote of Basic Education.

 

At the very outset, I want to remind the Council that the ruling party has designated education as one of the Apex Priorities of the current administration, which runs until 2014. Education and training remains the centre of our social transformation agenda and, correctly so, it is the main preoccupation of the ANC government. As such, education spending remains government’s largest spending item.

 

The ANC’s basic policy document, the Freedom Charter of 1955, makes a bold statement about the mandate of a future democratic state to ensure that the doors of learning and culture are open to all. The progressive increase in the Education budget, year after year, is a clear indication of our government’s unshakeable commitment to education. The overall budget for the Department of Basic Education has increased drastically. This shows the ANC-led government’s commitment in providing education for all.

 

The Department of Basic Education intends to implement inclusive education at all levels in the system by 2020. By inclusive education, we mean an environment that promotes the full personal, academic and professional development of all learners, irrespective of their race, gender, disability, religion, culture or sexual preference.

 

We welcome the introduction of the education infrastructure conditional grant. I believe this will assist in the eradication of mud and unsafe schools. As I say that, we must remember that these unsafe and mud schools are not our doing, but something that we inherited. We will ensure that it ends. I remember our parents from a poor background having to pay what we called tšhelete ya moago [building funds]. Imali yomakho. [Building funds.]

 

When some were advantaged, schools were built for them, but in our poor communities parents had to fork out money so that we could have an extra classroom. So, this is not our doing and our department is making sure that we overcome that legacy. Even though we are criticised, we must remember the legacy of Verwoerd, when he said in 1854 that a black person could not go to school, especially girls, but would become good domestic workers and moms. [Interjections.]

 

Mr K A SINCLAIR: Chairperson, on a point of order: Is it proper for the hon member to misrepresent the past in this House?

 

The CHAIRPERSON OF THE NCOP: I would not rule on that. I do not know whether she has misrepresented the past.

 

Mr K A SINCLAIR: The hon member said “Verwoerd” in “1854”.

 

Ms M G BOROTO: It is 1954. [Laughter.] I just got the date wrong. Thank you very much. [Interjections.]

 

With regard to curbing overspending, I believe we sometimes have the problem of overspending by our departments in the building of schools. To curb this overspending, the department should have its own internal engineers, which would reduce exploitation by consultants and building contractors. This will help us to get value for our money.

 

The education infrastructure conditional grant, as it would be ...

 

Mr A G MATILA: Chair, will the member take a question?

 

Ms M G BOROTO: Yes, I will, Chairperson.

 

The CHAIRPERSON OF THE NCOP: Hon member, what is your question?

Mr A G MATILA: Were the DA and Mr Lees serious about the future of our children when he indicated that he was going to take over Tshwane, Nelson Mandela, Johannesburg and eThekwini and then bring a different education system to those specific areas? [Interjections.]

 

The CHAIRPERSON OF THE NCOP: Hon member, continue.

 

Ms M G BOROTO: The question was complicated and I am only registered for standard grade. [Laughter.] As the education infrastructure conditional grant will be transferred to the provinces, it is important to have regular reports from provinces on how many structures have been built and at what cost. Provinces should be encouraged to categorise these structures according to how many are in urban, rural and township areas, and include those in farming areas, where we have schools on private property.

One of our challenges with farm schools is that we are trapped in a cycle of poverty that is inherited. We believe that the vulnerability of our farm workers, their dependency on the commercial farmers and their extreme indigence are often the main obstacles impeding the delivery of quality, uninterrupted education for the African child.

 

Remember, at these schools that are on private property our children and the parents are, most of the time, dictated to by the owners. We should look into that and ensure that every child who lives on a farm, as well as teachers, adheres to the policies of the Department of Education and not to the rules of the owner of the land. That is another problem we have.

 

We also welcome the notice of the Minister of Basic Education to invoke section 100 of the Constitution in the department of education in the Eastern Cape. As the ANC, we are committed to moving with absolute speed and tenacity to dismantle all the obstacles that threaten our education transformation agenda in the Eastern Cape or any other corner of this country.

 

The January 8 Statement 2010 says that in all our endeavours to improve the quality of teaching and learning in our schools, early childhood development and the foundation phase remain critical. Particular attention will also be paid to improving the quality of Grade R and early childhood development to ensure that young children are adequately prepared for schooling. We have called for non-negotiables in education. We are happy and we congratulate the department because it made sure that there was training of early childhood development, ECD, facilitators and that dream will be realised.

 

Again, responding to the January 8 Statement 2010, we acknowledge that your department has introduced standardised workbooks of high quality as an additional support to textbooks in all public schools, for learners in Grade R to 6. When we leave here, even the critics should take a look at the books outside and see the quality that we are talking about.

 

We have also noted that the department will be developing new training packages through distance education and e-education to enable our Education department to improve learning outputs. We see this as a motivator for young educators to enjoy teaching as a profession. We will be taking a keen interest in the outcome of these programmes. The department will have to give regular updates on how many have entered the system and how many have completed it.

 

I want to couple what I am saying with your statement that you want us to support the National Education Evaluation and Development Unit. We will really support that initiative as soon as the Bill arrives because we believe that there are gaps in the integrated quality management system and whole-school evaluations that will be addressed by this particular policy or this Bill, to ensure that our schools receive what is due to them.

 

Since the inception of the school nutrition programme, more children have enrolled in our schools and the rate of absenteeism has been reduced. We appeal to the department to ensure that allocation for this is done on time. I am saying this because during the first term of each year children at school do not receive the food because of the budget and because by the end of the previous year everything had been finished and now they do not have anything.

 

Let us come up with a plan. We asked the department to come up with a plan so that our learners do not have a day at school where they do not eat because they are still waiting for the financial year to start. This may not happen because it also means increased absenteeism, especially in the rural areas. As you have noticed, in most schools, during the first term, there are fewer learners because there is no food. We cannot allow that to continue. We need to replan around the programme of the first term.

 

Regarding the merger of schools, the Department of Education has set guidelines for the rationalisation of small, nonviable schools. One of the guidelines for the district is to ensure additional support for learners and their parents. I want to raise this as we talk about this merger. We have problems, especially in areas like the Western Cape, where they make sure they place emphasis on the feeder schools and these feeder schools have been structured to be more racially divided.

 

We want to make sure that we do not concentrate on the feeder schools so that the motivation that they put forward, which is that if you have been in a white school you should be a feeder to a white school, is not taken into account. What happens to other children from other schools? [Interjections.] We must make sure that this is really not taken into account.

 

Also, as we improve our schools, we don’t want to see adverts like those in the Western Cape where it is implied that to be a member of the school governing body you have to be of a particular profession, like an accountant or a former teacher. [Interjections.] We don’t want to see those things because it disadvantages our poor parents who did not go to school. If you have your children in that school, you are just there as a parent but you cannot take part in the school governing body because the adverts are very clear that you need to be a member of a particular profession. That is not the aim.

 

With regard to learner transport, let us provide a conditional grant to the provinces. We are tired of the learner transport where every province has to decide. We need a policy that will guide how the learner transport works. Thank you. [Applause.]

 

Mr M J R DE VILLIERS: Hon Chairperson, hon Minister, hon Deputy Ministers, hon members and guests, it is an honour to take part in this policy debate on basic education. The key priority of the Department of Basic Education is to educate our nation. With this in mind, and given our expectations of the forming of a quality nation, we have to bear in mind that we must have quality teachers; quality teaching materials; quality and high-integrity staff and educators; staff and educators with pride and a responsible character; quality training of educators, and one goal for all, which is quality delivery in outcome and performance of teachers and learners.

 

If these are our goals and achievements, then we can reach the goal of contributing towards improving quality of life and building a peaceful and prosperous democratic South Africa. We must provide people with quality skills to help them in their quest for employment and to grow the economy.

 

We are confronted with the question: How successful is our quality education of learners in the early childhood development, foundation, primary and intermediate phases of Basic Education? Can we say that we are satisfied with the achievements of the Department of Basic Education? They said it well and we appreciate that they have recognised that learning and teaching outcomes, particularly in the foundation phase and certain subjects, are not satisfactory; that we score low on international assessment benchmarks; that there is less than satisfactory performance across the grades and phases; that the quality of learning outcomes is among the lowest in the middle-income countries; and that a gap in leadership, competence and professionalism exists.

 

It is equally right that the department confesses the challenges and does not shy away from the problems. The challenge is to pinpoint exactly which and where the causes are that lead to these problems. Is it true that our educators cannot teach or don’t have skills to perform their duty to educate our learners? I can say with pride that our educators do not lack skills and intelligence; the problems are somewhere else.

 

We must have the guts to ask the educators what the problems are that prevent them from delivering quality education. I am not referring to the unions. I am actually referring to the grass roots in the education sector. Enough money in Basic Education is not a problem. Poor control, monitoring, management, evaluation, discipline and integrity are to be blamed. That is why we are talking today about Triple T - teachers, textbooks and time. If we can address this fast, effectively and with vigour, then we will see progress in the quality of the numeracy and literacy skills of our learners.

 

The problems in the department of education in the Eastern Cape and the underspending of funds in other provinces are irresponsible and a crime against humanity. Discipline and accountability must be demanded of those responsible in management. No mercy must be shown or excuses accepted. If this is not done, then we have failed in our obligation to deliver quality deliverables. We are all then also guilty of failing the community. The question can be asked: Does the Department of Basic Education have the capacity and any plans to assist provinces which have these weaknesses? I would like the Minister to actually choose to say today what the situation is.

 

Addressing the backlogs in infrastructure delivery can create bigger problems if we do not plan responsibly and effectively. We appreciate the building of new schools where there are mud schools. There must be a plan with an outline for implementation, progress and completion. We must be sure that the country and the companies and businesses involved can deliver the required amount of cement, bricks, building materials and the rest on time. In our time of governing, I think 45 new hospitals will have to be built in South Africa. If this can’t happen, chaos will be created. The completion time must be carefully planned and conducted to prevent overspending. Again, this boils down to discipline and effectiveness.

 

My time does not allow me to address the other issues, but the gain of achieving success is most definitely discipline, responsibility, accountability and performance. Thank you.

 

Ms B V MNCUBE: Hon Chairperson, this year is an important milestone for our democracy, as we have just completed the local government elections. I believe that this address to the NCOP is the ideal opportunity to review the progress made in realising the vision of our Constitution and to show that our successes in education go a long way towards realising the struggle of the seventies.

 

I would like to congratulate the ANC in the Gauteng province on its overwhelming achievement in the local government elections and retaining all its metros.

 

The Constitution guarantees the right to education. This is a social right that not only guarantees access but also demands that the education be of a high quality. We in the ANC welcome the Minister’s declaration of commitment to tackle quality through intensive and directed initiatives and programmes over the next Medium-Term Expenditure Framework, MTEF, period.

 

Over the past 17 years the ANC has travelled far in transforming the education sector in this country, to honour the rights of the Constitution. While there are still numerous challenges facing education, we have achieved a level of stability in education that we had not seen in the 20 years prior to democracy, and that is across all communities, not just those that were advantaged.

 

The curriculum redress policies, the national curriculum statements and the proposed curriculum and assessment policies have ensured that schools whose curriculum offering simply added to the marginalisation of the youth of our country have successfully introduced appropriate subjects that will ensure that learners leave school with more opportunities than ever before.

 

Despite all these successes, one must reflect and ask the question: Has the quality of education improved over the past 17 years?

 

I would also like to congratulate the Gauteng province learners for an outstanding performance in the 2010 matric results, surpassing all other provinces, including the Western Cape.

 

While education has always been a high priority for this government since 2009, it has become the single highest priority, or Apex Priority, as it is called. This is partly in recognition of the importance of education. It is also partly in recognition of the fact that we have not made as much progress in improving the quality of education as we would have liked, especially in poor communities. Let me be more specific: We have not yet eradicated the shadow of history in reversing the legacy of apartheid education. While we knew that this would be a multidecade challenge, we did expect to have made more progress.

 

Gauteng welcomes the commitment of the Minister and her department to work even harder towards a delivery-driven basic education system, given the many challenges facing the education system and the need to respond to them effectively.

 

In support of the national thrust for quality in the basic education sector, both nationally and provincially, Gauteng province welcomes the targeted programmes and interventions to address the quality of teaching and learning. Gauteng welcomes the 27 targets of Action Plan to 2014 and the four outputs of the delivery agreement.

 

The budget that has been tabled before the NCOP today represents more than an allocation of resources and an accounting of revenues. Behind the numbers and statistics the central purpose of this budget is to ensure that South Africa is equipped to rise to the challenge of the new and fast-changing global economy. Not just a few of us, but everyone.

 

Gauteng welcomes the increase in the overall budget of the Department of Basic Education for the 2011-12 financial year, which has been increased to R13 billion. We note that most of these funds are being directed to address systemic issues across provinces and schools. However, government must be satisfied that resources in education are going directly to learning in the classroom.

 

We also welcome the budget to support the Minister of Education’s programme of action, so that every school can meet the standards set for results and quality learning in safe and conducive learning environments.

 

Gauteng welcomes the targeted funding and conditional grants to support and improve education delivery in provinces and schools. Gauteng will provide access to an appropriate and effective integrated system of prevention, care and support for learners, educators and support staff infected with and affected by HIV and Aids.

 

Gauteng will train 150 master trainers in the integration of life skills and HIV and Aids programmes. It will also train 1 000 educators to integrate the life skills programme. It will provide peer education, care and support programmes for learners, educators and other school support staff in an additional 300 schools. It will also develop age-appropriate, National Curriculum Statement, NCS, compliant learning and teaching support material for Grades R to 7. These will be adapted for the deaf and blind and distributed to all the respective special schools.

 

In Gauteng, the total number of learners to be fed is 889 792. Included in these are over 151 000 learners in quintile 3 secondary schools that will benefit from the scheme for the first time in 2011.

Gauteng will use this grant to recapitalise 38 technical schools and improve their capacity to contribute to skills development and training by improving the conditions of technical schools. It will modernise them to meet the teaching requirements of learners in the technical fields and increase the number of suitably qualified and technically skilled graduates from these schools.

 

Gauteng will use the infrastructure grant to accelerate the construction, maintenance, upgrading and rehabilitation of new and existing infrastructure in education. It will focus on 142 ordinary and special schools for renovation and refurbishment as part of the major maintenance programme.

 

In supporting Dinaledi schools in Gauteng, the province will use the Dinaledi schools grant to support 101 Dinaledi schools with additional maths and science resources. Also, there will be an additional 202 posts for additional maths and science educators.

 

In Gauteng, all affected grades will benefit from the nationally driven processes related to Curriculum and Assessment Policy Statements, workbooks and textbooks.

 

The long-term review of spending on education in provinces and schools must meet targets for raising standards in schools in their areas. And those involved must demonstrate that money is being spent in improving the quality of learners’ education.

Finally, the fast-growing economy and rapidly changing social environment threaten to marginalise more of Gauteng’s youth if we do not act rapidly and ensure that quality education is a permanent feature of the education terrain in South Africa. It is against this social pressure that Gauteng unreservedly supports the Minister’s thrust for quality education. I thank you. [Applause.]

 

Mr D GRANT (Western Cape): Chairperson, Minister of Basic Education, hon members of the NCOP, Director-General of Basic Education and honoured guests, thank you for the opportunity to address the NCOP as we debate the Basic Education Budget Vote. The Western Cape warmly welcomes Minister Motshekga’s continued emphasis on a delivery-driven basic education system. We are particularly pleased with her efforts to increase the provision of workbooks and learner support materials in the classroom, and her support for the President’s call for an undivided focus on the Triple T: teachers, textbooks and time.

 

This echoes Premier Helen Zille’s often-repeated mantra of “time on task”. Based on this principle, we are doing everything possible to protect teaching and learning time in the Western Cape to ensure that learners are in class seven hours a day, five days a week and 200 days a year.

 

We also welcome the Minister’s commitment to increase and improve educator and principal training courses and we are very supportive of her intention to deliver on the objective of providing a textbook for every learner in every subject.

 

While we are pleased with and will support a number of these intended deliverables, in the Western Cape we have already gone way beyond talking about delivery and have already begun to deliver. For instance, in March this year I also announced our intention to ensure that over the next three years every child from Grades 1 to 12 will have a textbook in every subject that he or she is taking. We are already delivering on this.

 

In the current and last financial year, we have gone beyond the national norm for textbook allocation by allocating an additional R230 million for the purchase of textbooks throughout the system. For the first time ever, learners in Grade 2 received a mathematics textbook and reading books have been distributed to selected schools for Grades 1 to 6.

 

The Western Cape education department, WCED, has also delivered life sciences textbooks to every Grade 12 learner taking the subject in 2011, and textbook orders in other subjects to the value of R6,5 million were placed and delivered early this year for any shortages in Grades 10 to 12. In literacy and numeracy, the Western Cape continues to lead the rest of the country in the use of extensive testing for learners.

 

Last year we expanded our provincial lit-num testing programme by testing over 247 000 learners. We tested both Grades 3 and 6 learners in the same year instead of in alternate years, and introduced Grade 9 learners and independent schools to the programme for the very first time.

 

It is clear from the Minister’s speech that there are concerns about underexpenditure on capital payments on the one hand, and overexpenditure on personnel on the other. In stark contrast, the Western Cape has spent all of its budget allocation on infrastructure and other capital projects and managed the impact of the salary increases through effective cost savings. We are particularly pleased with the progress we have made in the delivery on our infrastructure plan. In just one year, we have delivered over 171 additional mobile units to overcrowded schools and have built an extra 112 classrooms to increase access to quality schools.

 

This year we have already opened five new schools, including Claremont High School, our third Science, Technology, Engineering and Maths, or Stem, school. Eight schools are currently under construction, with a further 15 in their planning stages. Fifteen replacement schools are also in their planning stages, with four schools expected to be completed this year.

 

We are also very proud of how we have delivered on our commitment to improve the department’s business processes and systems in order to ensure rapid response and support to schools. We have complete faith in our quality schools and have developed a “call us if in need” approach to allow them to function without interference and, in turn, free up our district officials to concentrate on struggling schools.

 

We also know how important it is for principals and school governing bodies, SGBs, to have the highest degree of staff stability possible. To this end, we have dramatically improved the processes by which we advertise and fill vacancies in our schools.

 

In 2010 we published seven vacancy lists, as opposed to the two lists in earlier years. By improving the turnaround times in the appointment process, we are ensuring that much-needed greater stability of schools. We agree with Minister Motshekga’s view that in order to fully realise the rights of all learners to quality education we need to improve teacher subject knowledge and pedagogical practice. The Western Cape has therefore streamlined our educator training and development programmes, so that they are more focused, with compulsory training for teachers at underperforming schools and far greater choice for teachers at high performing schools.

 

In March this year the Minister launched the National Education Evaluation and Development Unit. While we fully support her commitment to evaluate performance in the system and to identify problems that undermine school improvement, we are also of the belief that accountability for performance begins at the top. To this end, the head of department and I signed performance contracts early last year with the premier, which directly link our actions to improving learner outcomes in line with our strategic plan.

 

Last year we also passed the Western Cape Provincial School Education Amendment Act, which will enable me as Education minister in the Western Cape to develop regulations with regard to performance agreements between the head of department, principals and deputy principals. These performance contracts will ultimately link performance assessment to the quality of learner outcomes at a given school.

 

The Minister herself recently announced her intention to deliver new performance evaluations for principals to ensure that schools deliver academic results. These are just some of the deliverables we have achieved in the last year and it is significant that we have laid the foundations for the implementation of our strategic plan.

 

In 2011 we will continue to work hard to build on these foundations with our main objective in mind, i.e. to improve the quality of education in the Western Cape. Ultimately, all of us in education have, as a goal, the provision of quality education to all our young learners. But it is the delivery of these objectives that will determine our success. Thank you. [Applause.]

Ms M L MOSHODI: Hon House Chair, hon Minister, hon members and colleagues, it is a privilege and great honour for me to participate in this debate, just after the successful and victorious local government elections. This is an indication that the ANC-led government does not only have foresight and vision for this democracy but can also deliver a better life for all. It is only the ruling party that has emerged victorious in these elections. The whole nation has something to be proud of because these elections were free and fair. Our detractors will eat humble pie, because we do not only preach democracy but we practice what we preach.

 

In 1955 we said “the doors of learning shall be opened”. This budget seeks to make this clause of the Freedom Charter a reality. The majority of the population in our country never had as many opportunities as they do today to access education. The rural poor never dreamt that one day they would not be taught in the cold rain and blazing sun in search of education. They no longer have to drop out of school because their parents cannot afford the school fees.

 

As stated in the strategy plan, the Constitution of the Republic of South Africa of 1996 requires education to be transformed and democratised in accordance with the values of human dignity, equal human rights, freedom, nonracism and nonsexism. It guarantees access to basic education for all, with the provision that everyone has the right to basic education, including adult basic education. Children who stay on farms no longer have to leave school to stand in for deceased parents.

 

The department’s allocation for the current financial year amounts to R13,8 billion. In order to fulfil the constitutional imperative, the department has established five main programmes: administration; curriculum policy, support and monitoring; teachers, education human resources and institutional development; planning, information and assessment; and an education enrichment service.

 

These programmes should ensure that teachers are at school on time and in class, teaching. The greatest concern at this juncture is that resource allocation in our education system is not commensurate to the output. Our matric results are much poorer compared to other developing countries who are contributing far fewer financial resources to education than our country. When tabling this budget, the Minister of Basic Education quoted from her speech of last year, saying, “We acknowledge shortcomings in the system, some of which, as demonstrated by research, show our weaknesses as being in the quality of education”. Thus the department has formulated strategic goals in support of the programmes mentioned above to remedy the situation.

 

The five strategic goals that have been factored into the programme are: to improve the quality of teaching and learning; to undertake regular assessment to track progress; to improve early childhood development; to ensure a credible outcomes-focused planning and accountability system; and to improve the capacity of the Department of Basic Education.

 

The department is of the view that these strategic goals will bring about the necessary improvement in our education system. However, you must bear in mind that to remedy the situation there needs to be buy-in by all stakeholders involved in the country. The moral decay in society has to some extent rendered our schools unsafe working places, as shown by the latest attacks on educators by learners and criminal elements. As the department strives to improve the quality of teaching and learning, among other things, community involvement in creating an environment for that cannot be overemphasised.

 

Relating to this, I would like to quote the MEC for education in the Free State province. When tabling his budget speech, he said:

 

There is no other profession that is more important to our children’s future than teaching. It has long been acknowledged that teaching is the mother of all professions. The future of our country is determined in the classroom. With this in mind we feel compelled to applaud all our teachers who continue against all odds to regard their profession not as a job but a mission that has to be accomplished. Education will forever remain a societal responsibility. Without the contributions and support of educators, learners, parents and other stakeholders the department alone may not overcome this minefield.

 

The strategic plan stated that the quality learning and teaching campaign, which is a collaborative agreement with the teachers’ unions, governing body associations and learner representative bodies, was successfully launched in all provinces in 2010. In the same year a protocol document outlining collaboration between the Department of Basic Education and the SA Police Service was developed and signed by the Ministers of Basic Education and of Police.

 

The department has further put aside funds to do away with the unsafe mud schools, especially in the Eastern Cape. The department plans to eradicate 85 such schools in the Eastern Cape during this financial year. A further 246 unsuitable structures will be attended to and, according to the Minister in her budget speech, a further 286 will be electrified during this financial year.

 

Programme 5 deals with educational enrichment services to develop policies and programmes aimed at improving the quality of learning in schools. One of the functions of this programme is to care for and support the schools in the management of policies on the overall wellness of educators and learners, the management and monitoring of the nutrition programme, and to develop and monitor policies and programmes promoting gender equality, nonracism, nonsexism, democratic values in education and an understanding of human rights in public schools.

 

In line with that, the Minister announced in her budget speech that the school nutrition programme reached over 10 million learners in approximately 21 000 schools. For 2011-12 the National School Nutrition Programme conditional grant has increased to R915 million, mainly to cater for implementation in quintile 3 secondary schools. Zooming in on the province regarding this issue, the Free State department of education, through the National School Nutrition Programme conditional grant, has provided food to 444 042 learners during 2010 and 2011.

 

During this period an additional 61 367 learners will be fed, to take the total number of learners to be fed to 505 409. Local women’s co-operatives, where they exist, are prioritised for the provision of meals to these schools, thereby creating jobs for marginalised women. Where the co-operatives are not yet in place, 2 780 food handlers are paid a stipend of R600 per month for 10 months and R300 for the month of the June holiday for preparing meals for the learners, thereby creating jobs for the food handlers.

 

In conclusion, the points above indicate how much the ANC-led government cares for the citizens, especially the poor. It is no mistake that in the elections that we just held the majority chose the movement as their party of choice to lead them to a better life in this democratic, nonracial and prosperous country. The ANC supports the Budget Vote. I thank you.

 

Mr S H PLAATJIE: Hon Minister, hon Chair, the South African education system is malfunctioning and it has a long way to go before it is completely transformed from Bantu education. The rural-urban bias and urban-urban inequalities still persist in our schools.

 

Though government spends billions of rand on education, the picture on the ground is quite different. From Prof Bhengu to Prof Kader Asmal, from hon Pandor to hon Motshekga, our education system is left with a paradox: the South African education system is divided into rich schools that function optimally and poor schools that are often dysfunctional.

 

In recent Southern and Eastern Africa Consortium for Monitoring Educational Quality, Sacmeq, III, data analysis, dysfunctional schools were blamed for poor learner performance. Education MECs countrywide describe the lack of infrastructure as a big challenge. Lack of infrastructure is said to be ... [Interjections.]

 

Ms B V MNCUBE: Hon Chair, will the hon member take a question?

 

Mr S H PLAATJIE: Yes, I will.

 

Ms B V MNCUBE: I want to know from the hon member in which province he stays. What he is saying now is not a true reflection of what is happening in South Africa.

 

Mr S H PLAATJIE: I stay in the North West province. That is where I stay! A lack of infrastructure is said to be contributing to poor results, especially in rural schools, where you have unqualified or poorly qualified teachers and no laboratory, library or equipment to assist the teacher.

 

Teachers, on the other hand, are frustrated by the ever-changing curriculum jargon. Cope welcomes the recent announcements by the Minister of Basic Education of the Integrated Strategic Planning Framework for Teacher Education and Development to improve the quality of teacher education and development, in order to improve the quality of teachers and teaching. Cope hopes this will not end up like outcomes-based education, OBE, where teachers were inadequately trained and instructions were not clear.

 

We also hope that the resources will be available and that the department shall consult extensively with all the stakeholders. Cope believes that if all of these are not done, the framework will falter, just like the teacher laptop initiatives.

 

Mr M P JACOBS: Is the hon member prepared to take a question?

 

Mr K A SINCLAIR: Moenie bang wees nie, agb Plaatjie. Kap hulle! [Don’t be afraid, hon Plaatjie. Rebuke them!]

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Is the hon member prepared to take a question?

 

Mr S H PLAATJIE: Yes, of course, hon Chair.

 

Mr M P JACOBS: I just wanted to enquire if Cope had a plan for improving the education system? The only plan they seem to have is one of destroying themselves!

 

Mr S H PLAATJIE: Yes, hon Chair and hon member, there is an extensive plan. Yes, there is! [Interjections.] [Laughter.] There is a plan! [Interjections.]

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Order! Hon member, your time is up.

 

Mr S H PLAATJIE: Cope hails the department for including the foundation phase in the framework.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Plaatjie, your time has expired! [Interjections.]

 

Mr D V BLOEM: Sabotaged!

Mr J J GUNDA: Hon Chair, hon members, hon Minister, all protocol observed. Tomorrow, 25 May, is a very important day for the African continent. It is a day when we celebrate the milestones that we and our fellow African nations have achieved. It is also a day when we reflect on various challenges facing the African continent, where the majority of inhabitants are suffering the most inhuman conditions and where human rights are often prayed for.

 

Africa has the highest poverty and illiteracy statistics in the world. Therefore the South African government has to strive towards overcoming the challenges faced by our own country. It is a crying shame that our people do not receive education of the quality they deserve.

 

Our communities should play an active role in our schools, especially when it means the distribution and quality of our learning facilities as well as the equality and distribution of education will improve. There are still too many parents and caregivers who fail in their obligation towards the education of their children and simply leave the responsibility to the teachers alone. The sad reality is that most of these cases are found in underprivileged areas. Over the past 17 years we have spent more on education than most other developing nations, and we believe we still do not have enough to show for it. We remain concerned about the massive inequalities in education.

 

More focus should be placed ... [Interjections.]

 

Mr A G MATILA: Hon Chair, is the hon member prepared to take a question?

 

Mr J J GUNDA: Chair, I will not take questions, my time is up.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): You may continue, hon member.

 

Mr A G MATILA: I thought he was a bull! He is a bull, because I wanted to ask him a serious ideological question. [Interjections.]

 

Mr J J GUNDA: More focus should be placed on reading, writing and mathematics. Furthermore it is crucial that each and every school be given access to electricity, clean running water and sanitation. Libraries, functioning science laboratories and free Internet connectivity should also be counted as a necessity at a school. [Interjections.]

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Gunda, there is a point of order.

 

Mr A WATSON: Yes, but you are publicly wasting your time!

 

Mr M P JACOBS: Is the member prepared to take a question ... [Interjections.]

 

Mr A WATSON: He said no!

 

Mr M P JACOBS: ... because mine is going to be a simple one?

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Are you prepared to, hon member?

 

Mr J J GUNDA: No, hon Chair. [Laughter.] For many children, physical, sexual and substance abuse has become extremely frequent within the home and educational environments. It is therefore also necessary that each school must have a social worker who can identify and deal with these problems.

 

Hon Chair, let me just say this, and I want to say it in Afrikaans.

 

Voorsitter, ek wil aan die agb lede in hierdie Huis vandag sê dat die toekoms van ons land nie lê in mense wat leuens vertel nie, maar in kinders wat opgevoed word. Die toekoms van ons land, as ons armoede wil uitwis, lê in die opvoeding en ontwikkeling van kinders sodat ons kinders môre regte leiers kan wees. Daar is niks en niemand wat jou geletterdheid en jou geleerdheid van jou kan steel nie. Niks en niemand kan jou verhoed om vorentoe te gaan as jy geletterdheid het nie. Al wat ek aan die lede van die Huis wil sê, is ... (Translation of Afrikaans paragraph follows.)

 

[Chairperson, today I would like to tell the hon members in this House that the future of our country does not lie in people who tell lies, but in children being educated. The future of our country, if we want to eradicate poverty, depends on the education and development of children so that our children can be true leaders tomorrow. Nothing and no one can take away your literacy and your education. Nothing and no one can prevent you from moving forward once you are literate. All I want to say to the members of this House is ...]

 

... please learn to listen. It is important to educate and develop our children. [Time expired.]

 

Mna T A MASHAMAITE: Mohlomphegi Modulasetulo, pele ke tsena polelong ya ka, ke rata go laetša gore go bohlokwa gore ge re bolela mo Palamenteng re bolele ditaba tše di agago setšhaba kua ntle gomme re se ke ra bolela bakeng sa go ntšha phefo ganong. Ge re ka bolela fela bakeng sa go ntšha phefo ganong, se se ra gore batho bao ba re rometšego gore re tlo ba emela ka mo re ba emela gampe. Ka fao, ga re a swanela go šomiša maemo a Palamente go emela batho gampe. Batho ba letetše tše botse go rena gore dillo tša bona di tle di kwagale ka gare ga Palamente.

 

Ba bangwe ba bolela eke ba meditšwe gomme ba ka gare ga dimpa tša ba bangwe. [Disego.] Ga ba sa kgona go hema botse ge ba bolela, ba na le sekhutamoya. [Disego.] Ge o ka bolela o na le sekhutamoya ga o sa ikwa le gore o reng.

 

Ba bangwe ba bolela ba se na ditokomanekgolo. Ditokomanekgolo di dikgorong tša metšhelo.[Disego.] Batho ba bjalo ga re hlwe re ngangišana le bona ka gore ga ba na se ba kago se šupa ge re ka re šupang. Ba tla šupa eng? Ke tša bopudi di ntše kgakala di phala ke tša bonku.

 

Ke rata go boela polelong ya ka ya letšatši. Le ge re ka bolela ka ditsebi le bomankge ba thuto, eupša ra se be le taolotshepedišo ya maleba ye e hlwekilego, go swana le ge re ekga meetse ka pakete ya go dutla. Le ge re ka ba le maatla a pušo ra laola matlotlo a setšhaba, eupša ra se be le taolotshepedišo ye e lebeletšego dinyakwa tša setšhaba, re tla be re nyatša Molaotheo wa naga ya gaborena.

 

Ge taolotshepedišo e se ya maleba kgorong, intastering, bjalo bjalo, gona thuto ya bana ba rena ya maleba goba hlabollo ya intasteri yeo ga e gona. Go tla latela eng ge go se na taolotshepedišo ya maleba, mohlomphegi Tona? Go tla latela tshepedišompe ya matlotlo, gomme thekgo ya kantoro ya Tona e tla phuhlama. Mananeo ka moka a go ya diprofenseng a tlo šarakana la go theletša moloi pelo.

 

Mmušo wa gešo wa go etwa pele ke ANC o thadile le go beakanya ditokomanekgolo tše re di bitšago dipholisi tša go netefatša tše di latelago: taolotshepedišo ya Kgoro ya tša Thuto; gore go be le tshepedišo ya maleba ye e hlwekilego; le gore thuto ya bana ba rena e be ye e hlabologilego. Ditokomanekgolo tše di phethagatša ke mohlankedimogolo wa kgoro. Yena le bao ba šomago ka tlase ga gagwe ba swanetše ba bone gore ditokomanekgolo tše di a phethagatšwa. O swanetše a šome ka makgethe gore taolotshepedišo e be ye e hlwekilego. Ke mo re tlogo mo phaphatha magetla ra re o šomile.

 

Ke rata go tšea sebaka se go leboga kgatelopele ye e dirilwego ke Kgoro ya tša Thuto ya Motheo. Kgoro e kgonne go feleletša le go fetolela ... [Tšhwahlelo.] (Translation of Sepedi paragraphs follows.)

 

[Mr T A MASHAMAITE: Hon Chairperson, I would first like to indicate that it is imperative that in Parliament we talk about things that benefit the public and not just talk for the sake of talking. That will mean we are not representing the public well. We have to represent the public well. People expect the best from us so that their concerns can be addressed in Parliament.

 

Some of the people speak like they are inside other people’s tummies. [Laughter.] They cannot breathe properly when they speak because there is not enough air. [Laughter.] You cannot make sense of what you are saying if you do not have access to enough air.

Some of the members speak without the main documents that are available from the SA Revenue Service offices. [Laughter.] We do not have to argue with such people because they do not have proof of what they are saying.

 

I would now like to continue with my speech. If we can speak of education experts and specialists but lack proper management processes, it is the same as fetching water with a leaking bucket. If we are in power and govern the public finances but lack proper management processes that address the needs of the public, then we will be undermining our Constitution.

 

Without proper management processes in a government department, industry, etc, there is neither proper education nor industrial development. What will be the result of a lack of proper management processes, hon Minister? It will result in mismanagement of finances and this will lead to less support for the hon Minister. All the programmes to the provincial departments will be in crisis.

 

The ANC-led government has drawn up and organised the main documents, which are called policies, that ensure the management processes for the Department of Basic Education, a proper and clean process, and the development of education for our children. These main documents are implemented by the senior official in the department. It is the responsibility of the senior official and his or her followers to make sure that these main documents are implemented. He or she has to ensure a clean management process and we will appreciate his or her good work.

 

I would like to take this opportunity to appreciate the progress in the Department of Basic Education. The department managed to complete and translate ... [Interjections.]]

 

Mr Z MLENZANA: Chairperson, on a point of order: I am just standing up to check if the hon member is ready to take my question.

 

Mr T A MASHAMAITE: Modulasetulo, ke ikemišeditše go tšea potšišo ya gagwe ge a ka e botšiša ka leleme le ke bolelago ka lona gona bjale. [Disego.] [Hon Chairperson, I am ready to take his question, provided he asks the question in the language that I am using now. [Laughter.]]

 

Mr A WATSON: That is unparliamentary.

 

Mr T A MASHAMAITE: Mohlomphegi Modulasetulo, ... [Tšhwahlelo.] [Hon Chairperson ... [Interjections.]]

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Mlenzana, are you able to speak Sepedi?

 

Mr Z MLENZANA: No!

 

Mr A WATSON: Madam Chair, on a point of order: You as the Chair should know that this Parliament allows all languages and that man cannot dictate to another. You can prevent that from the Chair. The hon Mlenzana has freedom of speech in this Parliament and members can use any language they like. [Interjections.]

 

Mr A G MATILA: Hon Chair, on another point of order: Is it parliamentary for a Member of Parliament to refer to another member as “this man” and point a finger at the hon member?

 

Mr A WATSON: I will apologise, Madam Chair, for calling the hon member a man. I thought he was a man. [Laughter.] I withdraw calling the member a man.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Watson, you mustn’t insult other members here. That is unparliamentary.

 

Mr A WATSON: I did not insult anybody. I asked you to rule on the fact that the hon member asked the member to speak in another language and you are using ... [Interjections.]

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Watson, you must apologise.

 

Mr A WATSON: Chair, to whom?

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon member, sit down.

 

Mr A WATSON: Chair, to whom must I apologise?

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): You must apologise to the members.

 

Mr A WATSON: I have said I apologise and I withdraw. I said so. But will you please rule on my point first, Madam Chair? Another point came second, mine was first.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Mlenzana, I am able to speak Sepedi. The hon member said, if you can, speak Sepedi.

 

Mr Z MLENZANA: Thank you, hon Chairperson, but I will not be dictated to by another hon member. I take it that he is ready to take my question because he said I may continue – the “how” does not necessarily concern him. I am now continuing with my question, unless he is changing his mind and is no longer ready to take my question. Can I continue, Chairperson?

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): I will not allow any member to speak in this matter. I will allow only the hon Mlenzana to ask hon Mashamaite a question, and then he will be assisted by interpretation.

 

Mr T A MASHAMAITE: Morena Modulasetulo, nka se mo dumelele gore a botšiše potšitšo. Ga ke a ikemišetša go tšea potšišo ya gagwe. [Hon Chairperson, I will not allow him to ask the question. I am not ready to take his question.]

 

Mr Z MLENZANA: Chairperson, I am happy if he is no longer prepared to take my question. Maybe he was just speaking, thinking that we were not going to understand.

 

Mr R A LEES: Madam Chair, on a point of order: You have not ruled on the point of order raised by the hon Watson. I request you to do that and then I am raising a second point of order: You repeated your question to hon Mlenzana, asking if he could speak a certain language. I believe that is unparliamentary and I wish that it be ruled so by you.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Lees, I will not allow any debate with regard to this issue. Thank you.

 

Mr A WATSON: Hon Chair, on a point of order: You cannot decide on what you take or leave when it pertains to a point of order. I raised a fair and legal point of order and unless you want me to take the matter further I ask you to rule on it.

The CHIEF WHIP OF THE COUNCIL: Chairperson, first of all, there is no need for a point of order here. All the Chair said was, “Mr Mlenzana, can you speak Sepedi?” Mr Mlenzana could have said yes or no. Chair, you have not ruled that Mr Mlenzana must speak Sepedi so please stick to your ruling. There is no point of order here because you never said Mr Mlenzana must speak Sepedi. You never said that. All you asked was whether he was able to speak Sepedi.

 

Mr A WATSON: Madam Chair, please, the point of order arose because the hon member said he would answer a question on condition that it was asked in Sepedi. Your ruling from the Chair should have been that the member asking the question could use any language. But you then actually took the matter further and said, “Can you speak Sepedi?” That has got nothing to do with Parliament.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): I said the matter is closed.

 

Mna T A MASHAMAITE: Ke a leboga, mohlomphegi Modulasetulo.

 

Ke be ke sa leboga kgoro ka mo e šomilego ka gona – tšwelopele yeo e dirilwego ke kgoro. Kgoro e kgonne go dira gore dikolo tše 234 di fiwe didirišwa tša mahlale ka dikopanyi tša inthanete le didirišwa tša 3G. Dipampiri tša Dipotšišo tše 260 di ile tša kgona go dirwa ka 2010 tša neelwa kgoro gore bana ba kgone go ngwala ditlhahlobo.

 

Ka go re bjalo, tše ke tše mmalwanyana tše nka di balago go bontšha gore kgoro e tšwela pele gomme e kgona go dira mošomo wa yona. Ba bangwe ba šetše ba badile tše dingwe, ka fao nka se di bušeletše.

 

Tekolo ya molekodipharephare wa dipuku tša dikgoro e bega gore ngwageng wa ditšhelete wa 2009-10 ditšhelete di šomišitšwe gabotse gomme re amogela pego ye e hlwekilego go laetša gore banna le basadi ba be ba tšwele ka dijase le ditšajana e le letšema.

 

Gape molekodipharephare wa dipuku o begile gore tlase kua diprofenseng, Dikgoro tša Thuto ga di šome gabotse go ya ka dikutollo tša tekolo pegong ya gagwe. Go molaleng gore bahlankedi ba kgoro diprofenseng tša gaborena ga ba latele ditokomanekgolo le melawana ya thušo ya ditšhelete tša setšhaba – PFMA. Tona, se se laetša gore tsela ya bohodu e ka bulega ge re ka se hlokomele temana ye. Go ra gore tsinkelo e swanetše e be diprofenseng. Re swanetše go fihliša boetapele bjo bo agilwego kgorong diprofenseng gobane re di abela tšhelete ya tlaleletšo.

 

Ge ke feleletša ke re re tlo tšwela pele go thekga kgoro ka tšohle tše e ka kgopelago komiti gore e di dire. Re ikemišeditše. Re na le wena, Tona. O se ke wa tšhoga selo. Tseba gore banna le basadi go tšwa komiting ya rena ya tša Thuto ya Motheo ba ema le lena. Re le ba ANC, re thekga ditekanyetšo tša kgoro. Ke a leboga. [Legofsi.] (Translation of Sepedi paragraphs follows.)

 

[Mr T A MASHAMAITE: Thank you, hon Chairperson. I appreciate the good work done by the department, their progress. The department provided 234 schools with science equipment, Internet connections and 3G equipment. In 2010, 260 question papers were prepared and forwarded to the department for the learners to be able to write their examinations.

 

These are the few things I can mention to prove that there is progress in the department. Some of the things were already mentioned by other members so I cannot repeat them.

 

The Auditor-General reported that the money was used effectively in the 2009-10 financial year. We appreciate the clean financial audit report which indicates the good work done by men and women.

 

The Auditor-General indicated that according to his report the provincial education departments are doing well. It is obvious that officials in the provincial departments are not following the main documents and the Public Finance Management Act, PMFA. Hon Minister, provincial departments need attention because this might open doors to corruption. The type of leadership we have in the national department must be extended to the provincial departments because they get extra funding.

 

In conclusion, we are ready to give the department whatever support it needs from the committee. Hon Minister, the Portfolio Committee on Basic Education supports you. We support the budget, as ANC members. Thank you. [Applause.]]

 

The MINISTER OF BASIC EDUCATION: Chairperson, I have no intention of taking up all the time allocated to me, because we fully agree with what members have said on the majority of issues raised. We make the undertaking that we will indeed follow through on some of the recommendations they have made to us, through the implementation, oversight and monitoring unit that we are establishing.

 

I want to take this opportunity to thank members for the debate. To the acting chairperson of the committee I say that we will follow up on the advice given on school nutrition and the rationalisation of schools. We are also currently working with the Department of Transport on establishing norms and standards for scholar transport, because it is a worrying factor indeed. We are looking at the budgets that provinces are already spending on learner transport. We think it is a bottomless pit because, in some instances, they transport learners even when they are not supposed to. Urban provinces should be able to provide schools in close proximity, saving that money. So, we will be engaging with provinces on that.

 

I think I can safely acknowledge, MEC Grant, that the Western Cape – and I keep saying this without shame – is, indeed, one of the best-run provinces in the country, alongside Gauteng. KwaZulu-Natal and the Northern Cape are improving. Those are some of our best provinces. I have to say that. We can say that with pride, because in the previous two terms, when the ANC ran the province, it set up a very solid education system. That was also a system established alongside, or even by, Premier Zille. So, it has been quite fortunate that all the departments have settled on very good solutions. The current MEC has built on a very good legacy and made sure that he upped the bar. I think that is why we are in agreement most of the time, because, as I say, it is a well-run province. It complies with national policies. We learn a lot. We share a lot with the province and we can say that with real pride and joy.

 

The other parties could possibly be wasting my time. Cope is a party in turmoil. So, if I really have to respond, I am not really sure what you are dealing with. [Interjections.] You are dealing with traumatised people. Even their inputs are extremely traumatised, I think. [Laughter.] [Applause.] So, I will be wasting my time trying to resolve their issues, because I am dealing with the crumbs of a splinter. So, I really do not want to waste time. I do not know what it is that you are raising. [Interjections.] It is a party fighting for survival. I think one can appreciate the turmoil and the trouble that the party is going through, and this includes their input here today.

 

As for the member of the ID, I am not sure. The party has been swallowed. It is gone. So again, I do not want to be responding to something that is already absent, just waiting for its time to be up in 2014. I will be wasting time.

 

Let me engage with people who have a future and who have plans. [Laughter.] [Applause.] I will try and engage with the DA. Maybe it has a future, but the others are dead. I am wasting my time. They are not going to take me anywhere. You know, the ANC is going to be around forever, so let me try to deal with those who are going to be here forever too. [Interjections.]

 

As I said, from the Ministry’s side, we will submit all the concerns raised and the proposals that we have been given here. We will put them through a planning and implementation process via the unit that we are setting up. We will also exercise oversight over them.

 

We want to thank everybody for their support and also the members of the ANC for their unwavering support. As a department, we are very aware that if we are to succeed we need all the support we can get. The President called for education to be a societal issue. We are greatly encouraged by the support that we are getting, especially from the ruling party, and we will do our best.

 

In all humility, I really want to thank the members for a very vibrant debate. We have taken copious notes. We will follow through on most of the points that have been raised here. I thank you, Chair. [Applause.]

Debate concluded.

 

SECTIONAL TITLES SCHEMES MANAGEMENT BILL

 

(Consideration of Bill and of Report thereon)

 

COMMUNITY SCHEMES OMBUD SERVICE BILL

 

(Consideration of Bill and of Report thereon)

 

The DEPUTY MINISTER OF HUMAN SETTLEMENTS: Chairperson, Chief Whip of the NCOP, Minister of Education, Chairperson of the Select Committee on Public Services, hon Pat Sibande, hon members, I greet you this afternoon. It gives me great pleasure to present these two pieces of legislation in this august House. This takes place at a time when the ANC has emerged victorious in the local government elections.

 

Let me begin by explaining why these Bills are presented jointly. This is due to the current nature of the Department of Human Settlements’ mandate. Our Constitution compels us to co-operate and collaborate with provinces and local governments in the development and delivery of sustainable and integrated human settlements.

 

Last year, during our Budget Vote for 2010, we adopted Human Settlements Vision 2030 to chart our way forward in the delivery of human settlements. This strategy is pivotal to the transformation of our settlements into areas where people can live, have leisure and recreation and where they can pray.

 

Integral deliverables of this strategy include creating a nonracial society with cohesive and integrated human settlements closer to places of work and social amenities. An increase in the accessibility and affordability of home ownership can help stimulate the construction sector, which will provide much-needed jobs.

 

Human Settlements Vision 2030 is all about acceleration of the development of sustainable human settlements for all South Africans. It is encouraging to note that all provinces are supportive of the legislative direction we are taking to stimulate the creation of cohesive and integrated human settlements. Working in partnership with provinces and local government we shall realise this dream. The contribution of the private sector is also noted in this regard.

 

Chairperson, we are tabling two Bills for consideration and passing the Sectional Titles Schemes Management Bill and the Community Schemes Ombud Service Bill. This is simultaneously done due to the complementary nature of the mandate, as I’ve said earlier.

 

When a sectional title or community scheme is established, a tripartite relationship is formed: an ownership of real right to the sectional unit, an undivided collective ownership of the undivided common property or area by owners, and participation in the management structure of the scheme. The objective of these two pieces of legislation is to foster good governance and relations to nurture this relationship. The Bills will be instrumental in ensuring good governance and improving the administration of sectional titles and community schemes.

 

Our people who live and stay in various forms of community housing schemes such as high-rise residential areas, townhouse complexes and gated villages will now have legal protection to safeguard their relationships with one another and their real rights.

 

These properties are administered by associations such as body corporates, share block companies, home owners’ associations and housing schemes for retired persons. More and more South Africans are beginning to look for shelter in these residential spaces in search of comfort and security.

 

The key features of these Bills are as follows: The Sectional Titles Schemes Management Bill provides for the establishment of a body corporate to manage and regulate the upkeep of common properties within sectional title schemes. For the efficient administration of the legislation, provision is made for the establishment of the sectional titles schemes management advisory council to advise the Minister on an array of matters concerning sectional title schemes within the country.

 

The second Bill, the Community Schemes Ombud Service Bill, establishes a community schemes ombud service as a public entity with executive authority vested with the Minister to resolve disputes emanating from within the community schemes.

 

An ever-increasing proportion of human settlements is being developed in the form of community schemes, which triggered the tripartite relations of co-ownership, cogovernance and shared financial responsibility. Quite often the cordial relations among the owners may deteriorate, giving rise to problems and disputes as they involve control and administration of finances, facilities and behaviour requiring effective resolution. Hence the current Bills are put before this House.

 

Currently, there are no effective and affordable dispute resolution mechanisms available to parties involved in community schemes. The Community Schemes Ombud Service Bill is aimed at addressing this gap.

 

In conclusion, the two pieces of legislation will assist in the restoration of good governance and harmonise relations within sectional titles and community schemes. They will facilitate transformation of the community schemes environment and they will also assist the department towards the realisation of the objective of cohesive and integrated communities.

 

They represent another step forward towards the achievement of Human Settlements Vision 2030. The sectional titles and community schemes landscape will be transformed to the betterment of the property market. I thank you.

 

Mr M P SIBANDE: Chairperson, hon Minister of Basic Education and the Deputy Minister of Human Settlements ...

 

... ngithanda ukunibingelela, kanjalo namalungu.

 

Sihlalo, ngivumele ngidlulise ukubonga kuwo wonke umphakathi kuzo zonke izifundazwe eziyisishiyagalolunye ngokuvotela i-ANC. Yize noma eNtshonalanga Kapa i-DA iwinile, kodwa kunamalungu omphakathi avotele i-ANC. Kangangokuthi ngikhuluma nje amanye amalungu ezinhlangano eziphikisayo asalele emagumbini abagula kakhulu ngenxa yemivimbo yokhetho.

 

Kumalungu amaqembu aphikisayo akhona kule Ndlu, izihlathi zawo zehlile kuhle kwamawolintshi amunciwe. [Uhleko.] (Translation of isiZulu paragraphs follows.)

 

[... I would like to greet you, as well as the members.

 

Chairperson, allow me to convey my gratitude to all the communities in all nine provinces for voting for the ANC. Even though the DA won in the Western Cape, there are those members of the community who voted for the ANC. As I’m talking now, some members of the opposition parties are in the intensive care units because of the after-effects of the elections.

 

The members of the opposition party who are in this House are so disappointed. [Laughter.]]

 

Chairperson, I will start with the democratic consultation by and the presentations to the committee. The committee held a series of meetings during which deliberations were held on both Bills. The Department of Human Settlements was invited to make presentations to the committee on a number of occasions.

 

Provincial mandates and committee members solicited views from each provincial legislature. The public and stakeholders were allowed to make substantial inputs. Provincial mandates were considered in the select committee meetings. Key issues and challenges from a provincial perspective were raised by members of the committee.

 

The Department of Human Settlements, Parliament’s legal representatives, the SA Local Government Association, Salga, and the Chief State Law Adviser’s representative engaged robustly on those issues. Key misunderstandings with regard to the two Bills were dealt with and members came to understand the need for the ombud service and Sectional Titles Schemes Management Bill to be separated.

Sectional title ownership has emerged globally as a primary solution to the increasing need for urban housing against the background of population growth and the demographic trend towards urbanisation. It is not only suitable but is in fact the only solution for the process of urbanisation taking place in South Africa.

 

The sectional title format offers the advantage of higher-density housing, using the land supply - which is becoming increasingly scarce - more effectively. It provides true ownership of housing with all its social and economic benefits to more people at affordable costs. It also provides improved proximity to schools, employment, shared amenities and services, otherwise not individually affordable.

 

With private home ownership being the primary constituent of increased wealth for ordinary citizens, it has become a priority that the needs of emerging homeowners be accommodated. Therefore, sectional title housing is increasingly becoming a popular option, especially for young home buyers.

 

However, from the history of sectional title in South Africa and other countries, it is clear that sectional title and community ownership is bound to fail unless supporting structures and rules and management practices are put in place to ensure the viability of such schemes. Up to now the Department of Rural Development and Land Reform controlled both the registration of deeds and all technical aspects in terms of the Sectional Titles Act, drafted in 1985 and 1986, particularly the approval of sectional plans and the registration of transfer of rights in sectional title property.

 

The provisions of the existing Act had become very outdated and were amended piecemeal over many years, making them somewhat inaccessible and without the facility to add any value to the management of present-day sectional title and community schemes.

 

The responsibility for the management and governance aspect of sectional title schemes is transferred from the Department of Rural Development and Land Reform to the Department of Human Settlements, with a Cabinet decision to have all housing-related legislation overseen by the latter department.

 

The Sectional Titles Schemes Management Bill, which is being debated today, therefore takes the management provision in the Sectional Titles Act and puts it into a new, separate statute under the Department of Human Settlements. The Bill updates all the provisions and substantially improves their layout and accessibility and gives managers and sectional title owners all the provisions they need in one relatively short statute. The management provisions are more logically set out and renumbered, with the result that this Bill is drafted significantly differently from its predecessor and with the interests of sectional title housing consumers in mind.

 

The Sectional Titles Schemes Management Bill proposes to provide for the establishment of body corporates to manage and control sections and common property in sectional title schemes and, for that purpose, to apply rules applicable to such schemes; to establish a sectional titles schemes management advisory council; and to provide for matters connected therewith.

 

The Bill basically deals with the capacities, functions and powers of bodies corporate and the fiduciary position of trustees. It furthermore covers the effect of the variation of quotas; legal transactions with regard to common property and units; the duties of owners; recovery from owners of unsatisfied judgment against bodies corporate; non-liability of bodies corporate for debts and obligations of developers, and the appointment of administrators.

 

The Bill makes provision for the establishment of a sectional titles schemes management advisory council to advise the Minister as well as for the procedure of appointing members of the advisory council and the making of regulations.

 

Sectional title and community scheme ownership requires tolerance and a permissive attitude towards fellow owners whose opinions, practices, race, religion, nationality, etc, may differ from one another. It entails a capacity to recognise and respect the beliefs and the patience to tolerate the practices of others.

 

Integrating diverse backgrounds into stable and successful living schemes invariably presents challenges, with cordial relations among members deteriorating and giving rise to problems and disputes, which need to be effectively resolved.

 

The second of the two Bills being debated today, namely the Community Schemes Ombud Service Bill, will address these needs. The ombud service will be established as a national public entity, with executive authority vested in the Minister of Human Settlements. It will develop and provide a framework for the avoidance and resolution of disputes in community schemes and the custody of community scheme governance documentation, as determined by the Minister of Human Settlements.

 

The ombud service will establish a simple and inexpensive recourse that will ensure independence, fairness and impartiality and that will promote uniformity and consistency in the handling of disputes. It will also provide a remedy for the protection of the right to good administration.

 

In performing its functions, the ombud service will promote good governance and community skills and provide education, information and documentation to raise awareness among owners, occupiers, executive committees and other persons or entities who have rights and obligations in community schemes.

 

The ombud will become the protector of the property owner’s rights and will ensure that the rules of the scheme are fair and that they meet the legislative requirements. The ombud will deal with the complaints and resolve disputes by appointing full-time and part-time adjudicators to impartially handle investigations, hold hearings and make determinations, with both parties to a dispute being bound by the determinations of its office. The adjudicators’ decision can be appealed in the High Court, but only if the appeal is based on legal issues.

 

As a national public entity, the ombud service will be required to comply with the principles of good governance and management, as set out in the Public Finance Management Act, and to submit a quarterly report to the director-general and an annual report to the Minister and to Parliament.

 

The intention is that the ombud service be implemented in such a way that local communities of South Africa will be able to access it. At the same time, unnecessary bureaucracy will be avoided and the infrastructure of the service will be kept as compact as possible.

 

Both of the Bills we are tabling today will assist the Department of Human Settlements ... In conclusion, the ANC supports the two Bills. [Time expired.]

 

Mr J VISSER (Western Cape): Chair, I thank you for inviting me to come and speak at this congregation here today. It is a privilege. If you look at the aim and purpose of the Sectional Titles Schemes Management Bill, Bill 20 of 2010, I think everybody will agree that the purpose of consolidating all housing-related matters under one entity, that of the Department of Human Settlements, should be applauded.

 

The new statute will make the schemes management more understandable for those who need to administer and implement the provisions of such an Act. It is also relevant that the substance of the contents of the old Sectional Titles Act, Act 95 of 1986, will not be changed substantially. It is evident, and we agree, that the Department of Rural Development and Land Reform, under which this Sectional Titles Act, Act 95 of 1986, resided, cannot effectively take care of the complaints that come out of this section of home ownership. We agree that the Department of Human Settlements is much better geared to taking care of this area. The Bill has been a long time in the making, since 2009, and it is heartening to see it coming of age now and being ready to be constituted.

 

The important thing is that we are satisfied that this Bill is consistent with what the Constitution demands and expects of us to do, and this Bill achieves that in a proper way. We are also satisfied that this Bill is not in conflict with other laws. The Western Cape provincial parliament therefore considered the Sectional Titles Schemes Management Bill, Bill 20 of 2010 and want to support it as it is.

 

However, the standing committee on governance of the Western Cape provincial parliament decided not to support the Community Schemes Ombud Service Bill, Bill 21B of 2010, because we do not support clause 22(b), which states that levies be collected from communities with the approval of the Minister. This is an open-ended opportunity for the Minister to decide to tax communities to the extent he or she wishes, with no caps on the amount that these levies could be. There are no checks and balances on that clause building up to the Act.

 

It is good to supply this intended service to communities, but quite a number of these communities are poor people who just cannot afford to pay these levies. The principle, in general, is that it is not right for government to decide to deliver a service to communities at a cost. South African society is overwhelmed by all sorts of taxes, levies and costs incurred to them by government. We as South Africans already pay some of the highest individual taxes in the world. We simply cannot go on deciding that ordinary people must pay more taxes or levies. Government has a responsibility to deliver services to the people in this country; the Constitution makes that provision very clear and states that government’s responsibility is to deliver services to all citizens of this country without taxing them into poverty. We commented on this in our first negotiating mandate to the NCOP, but we only received a response from an official. We are not sure if the NCOP standing committee actually ever had a look at our proposal and that is a matter of concern to us.

 

Our standing committee also expressed our concern about the competency and level of knowledge of appointed board members. Clause 7 of the Act sets out the procedures to appoint board members. Clause 7(5) states that if a suitable person is not found to appoint, the Minister may call for further nominations. That is not good enough and we are looking for the checks and balances. We would like to see the Act state that the Minister must call for further nominations until enough suitable candidates are found.

 

Nowhere in this Act or in clause 7 or wherever it deals with the members of the board is it specified that members must undergo proper and specific in-house training to prepare them to do their job as board members properly. We must express our concern with the fact that we think that the NCOP did not deal with this Bill in an appropriate manner or work through it thoroughly. The Western Cape provincial parliament, therefore, cannot support the Community Schemes Ombud Service Bill, Bill 21B of 2010. I thank you, Chair.

 

Ms M P THEMBA: Chairperson, it is a pity that when we were dealing with the mandate the chairperson of the standing committee in the Western Cape was not present, otherwise he would have known that all the concerns that have been raised were clarified by the legal representatives, and everyone on the committee agreed. I think it is important that when we deal with clause 7(6), now that they are next door here, they should come over because it is very near, so that we could interact together with what is in front of us.

 

As the ANC, we continue to better the lives of our people in this country, hence this legislation. This legislation is really long overdue, because the need for separating the management and governance aspects from the current Act is necessitated by the fact that the Department of Rural Development and Land Reform’s mandate does not extend to dealing with problems arising from schemes’ governance or complaints from the public.

 

The Bills we are debating today are part of new legislation that is much needed to provide improved living conditions for our people. It is our strategy to ensure that all issues related to human settlement, including sanitation, are driven, co-ordinated and managed by the Department of Human Settlements. The Sectional Titles Schemes Management Bill is very important in that it will regulate the relationship between sectional owners and other holders of rights in the sectional title scheme in their management of the Section Titles Act and common property.

 

Chair, an ever-increasing proportion of housing is being developed in the form of community schemes. Community schemes include sectional title schemes, share block companies, homeowners’ associations and housing schemes for retired persons. In community schemes, much of the governance to maintain buildings and to ensure safety and harmonious living in the blocks is done by the community involved. This means that there is shared financial responsibility over the property, the land and the facilities of the common living area. Therefore, this piece of legislation is imperative.

 

Because this involves control and administration of finances, facilities and behaviour, community and sectional titles schemes often cause problems and disputes among the community. To ensure that our people live better together, we have to put in place legislation and regulations that ensure the effective resolution of disputes whenever they arise. Currently, there is no effective and affordable dispute resolution mechanism available to parties involved in community schemes. The Bill will establish in the community an ombud service to address this need, something the chairperson and Deputy Minister have already raised.

 

In the case of both Bills, we have to keep in mind the overall objective of the Department of Human Settlements and to establish and facilitate a process that is sustainable and that provides access to affordable homes within the context of sustainable human settlement and economic opportunities for all.

 

South Africa is the only country in the world that offers housing under the ANC leading the country, and that needs to be commended. If you compare it to other countries, like Brazil, for instance, the ANC has moved a great deal in this area. The United Nations, UN, global report on human development attests to this. Our people have to be taught and learn that rights go hand in hand with responsibilities, hence the resources that are used are meant to be safeguarded in line with our democratic gains.

 

Our vision, as the ANC, is that of the profound transformation of society. We know that political transformation without economic emancipation is meaningless. That is why we need to commit to economic freedom in our lifetime, and the ANC will always be at the forefront of that economic transformation. The ANC is best placed to carry out this next phase of developing and transforming our cities, towns and villages, because of our values, principles, policies and what we have learnt from our experience in government.

 

In conclusion, the next step now will be to look at the e-housing concept, which simply means access to Internet connectivity through installation of wireless infrastructure. This will lead to digitised communities and work towards building an inclusive information society.

 

We need to move away from simply building houses for the poor and work towards more united, nonracial and integrated communities across our cities and towns. The ANC supports these two pieces of legislation. I thank you, Chair. [Applause.]

 

Mr D B FELDMAN: Hon Chairperson, Deputy Minister, and members, the most significant aspect of this Bill is contained in clause 18. The establishment of the sectional titles schemes management advisory council is a progressive move. It will allow for the proper, full-scale implementation of this Act and for the regulations to be kept under regular review. This idea of keeping the review regular is highly desirable.

 

It is worth noting that the Bill demands that the advisory council “must make recommendations to the Minister with regard to any amendments thereof, or other action which may be advisable”. If the word “must” is taken as an imperative, the advisory council will be judged by the number of recommendations it makes each year.

 

To fulfil this expectation, it is imperative that the advisory council makes its existence known to all sectional title holders so that it can receive inputs for analysis and comment. The creation of an interactive website will be an absolute necessity. The Minister of Human Settlements and the department must facilitate this without any delay.

 

Regarding the Community Schemes Ombud Service Bill, boards and their functions have become contested terrain in South Africa. This is because they have become politicised. We appeal to the Minister of Human Settlements to ensure that he goes strictly by the provision of clause 7(4) so that he appoints people with the requisite skills, experience and availability to fully implement these functions.

 

Under clause 42(d) regulations must be made to allow for independent arbitration and the use of small claims courts before a more expensive court is indicated. If the application is being implicated by any law lacuna, it should immediately be brought to the Minister’s attention so that administrative procedures may be used to deal with this problem.

 

Finally, clause 22 is making provision for levies to be collected from community schemes. This will require proper prior consultation with representatives of schemes, because this will be seen as a new form of tax. With these reservations in mind, Cope supports the two Bills.

 

Mr M P JACOBS: Hon Chairperson, hon Deputy Minister, Chief Whip, all protocol observed, allow me to make a few remarks in this important debate.

 

The ANC-led government has once more proved that this government is the government of the people, governing by the will of the people. With these two pieces of legislation, the government is responding to flaws identified in the existing Act because at the time it was drafted the Act did not affect a large segment of the population, namely the black people of the country, who did not then reside in these areas. With the advent of democracy, they find themselves living in these areas. This has resulted in many challenges coming to the fore and the government has had to respond to them.

 

The Community Schemes Ombud Service Bill seeks to provide a conflict resolution mechanism for persons living in community schemes. It will serve as a legal entity that will monitor and control the administration of the private and the common areas in the community schemes. These schemes include sectional title schemes, share-block companies, homeowners’ associations and housing schemes for retired persons in which there is governance by the community involved, shared financial responsibility and land facilities used in common.

 

Many owners and occupants of residential sectional title complexes have been frustrated by the lack of effective mechanisms for resolving disputes. The major problem is that the current management rule in sectional schemes providing for the compulsory arbitration of disputes does not provide an adequate practical and cost-effective method to avoid and solve problems.

 

This Bill will address the fact that the shared use of rights and shared financial obligations in community schemes regularly give rise to problems in practice. There is no accessible dispute resolution for persons involved in community schemes or a government department that assists such people. There is no government-sponsored entity that exists to educate persons in community schemes on how they should operate. There is a lack of reliable custody of sectional titles and other forms of community schemes governance documentation, which hampers good governance in such schemes.

 

We hope this Bill will deal with long-established problems which were inherent in the previous legislation. These living areas are currently populated by both black and white tenants, who will benefit equally from this Bill. This Bill and its intention give effect to the notion that this country belongs to all people who live in it, both black and white. We hope that the sceptics who doubted our young democracy are being proved wrong with the enactment of such legislation.

 

Let me just respond to what Mr Visser has said, and let me put it in a proper context. People who have benefited from these schemes were affluent and there is an encroachment of black people in these areas, and problems are arising. What do you do if you have a problem and you don’t have money? So, that’s why we have a Bill introducing an ombudsman because previously people would just take this to High Courts because they had money while the black people involved didn’t.

 

This Bill is going to give people an opportunity to object in a cost-effective manner. I’m not surprised that Mr Visser is against this because this is encroachment on their terrain and they don’t want our people to encroach. It is also important that the Minister should intervene because he represents the largest population group of this country. It is correct for the Minister to intervene and give proper guidance. This is why, as the ANC, we support the Bill in its entirety. [Applause.]

 

The DEPUTY MINISTER OF HUMAN SETTLEMENTS: Chair, allow me to thank the officials from the Department of Human Settlements, led by Adv Tladi, who are over there, for their hard work. I agree with the hon member and chairperson Pat Sibande when he said that the process that has led to where we are has been robust and inclusive. I also want to welcome the support that I am getting from members on these two Bills.

 

The issue that I want to raise pertains to the member from the provincial legislature, Mr Visser, when he said that the issue of taxation makes him unable to support the Community Schemes Ombud Service Bill. I just want to remind him that the Western Cape, in particular, is a province that is robust in building Gateway houses. If we don’t have a mechanism in terms of the provisions of Parliament to resolve disputes that may arise in the ranks of those residents, it is going to be difficult for them to resolve such issues. Remember, we just delivered the Dromedaris housing project, the housing in Mitchells Plain, and many other Gateway houses that we are building as part of this process. If we do not have mechanisms to resolve disputes arising from these building developments, it is going to be a problem.

 

We also want to say that we are the last people to be lectured about the poverty of our people. If we raise this Bill, if we are going to tax people, we must remember that we have government bodies that cater for the indigent. There is the National Indigent Policy and Legal Aid – people do not have the resources to pay for themselves in issues like these. What we are saying here is that this service will be on their doorstep and they will identify with the people and know that they are best at resolving issues arising out of these kinds of settlements. We urge the province to support the legislation because we want to make life easier for you as well.

 

I agree with Mr Jacobs that the Bill itself states clearly that South Africa belongs to all who live in it. I must also talk to the hon member Themba regarding the e-housing concept. I think it is an issue that we will be looking at, because we would like to ensure that we deliver houses of quality and also ensure that in those communities we build homes. Therefore, e-housing is one of the issues that we will be looking at and discussing with you.

 

To Mr Feldman, who spoke about the issue of interactive websites, I think it is advisable to ensure that we reach out to our people. The Department of Human Settlements is one of those departments that wants to work with other departments. We heard the issue of communications; we will rope them in and work with them to ensure that as they deliver websites to everybody else, the people who live in Gateway houses, or even in the affordable houses we built in the subsidy band, will be able to benefit from communications and e-housing.

 

I must leave it at that because I believe there is not much to debate because all members are supporting this Bill. Do not worry about the Western Cape – I think they are still suffering from election fever but I must remind them that the ANC is here to govern, even in the Western Cape. Thank you.

 

Debate concluded.

 

Question put: That the Sectional Titles Schemes Management Bill be agreed to.

 

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

 

Sectional Titles Schemes Management Bill accordingly agreed to in accordance with section 65 of the Constitution.

 

Question put: That the Community Schemes Ombud Service Bill be agreed to.

 

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

 

AGAINST: Western Cape.

 

Community Schemes Ombud Service Bill accordingly agreed to in accordance with section 65 of the Constitution.

 

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON FINANCE - PROTOCOL BETWEEN GOVERNMENT OF RSA AND GOVERNMENT OF UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND TO AMEND CONVENTION FOR AVOIDANCE OF DOUBLE TAXATION AND PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL GAINS

 

Mr C J DE BEER: Chairperson, the United Kingdom of Great Britain and Northern Ireland remains one of South Africa’s key foreign direct investors. These direct investments do not only have the potential to boost the country’s trade balance with the United Kingdom but also have the potential to lead to trade creation within South Africa. South Africa is fourth on the list of key emerging markets for global investors, with a wealth of opportunities for United Kingdom expertise across almost every sector of the economy, including access to the rest of Africa’s more than 300 million customers. The United Kingdom is in South Africa’s “premier league” of trading partners, with annual bilateral trade of over £8 billion.

 

The purpose of this agreement is to avoid double taxation and fiscal evasion with respect to taxes on income and capital gains derived within these two countries. It is a common practice in most countries for taxes to be imposed on the worldwide income derived by residents of the country and on income derived by nonresidents who reside in the country. The effect of such a system is that income derived by a resident of one country from a source in another country is subject to tax in both countries. That would clearly discourage foreign investments.

 

It is normal for countries that have trade relations to conclude double taxation agreements. Such agreements commonly provide that income of a particular nature will either be taxed in only one of the countries or may be taxed in both countries, with one of them allowing a credit for the tax imposed by the other.

 

This is a bilateral protocol that is intended to amend the Convention between the Contracting Governments for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital Gains, signed at London on 4 July 2002.

 

The Select Committee on Finance, having considered the request for approval by Parliament of the Protocol between the Government of the Republic of South Africa and the Government of the United Kingdom of Great Britain and Northern Ireland to amend the Convention for Avoidance of Double Taxation and Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital Gains, recommends that the House, in terms of section 231(2) of the Constitution, approves said protocol.

 

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.

 

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON FINANCE – AGREEMENT BETWEEN GOVERNMENT OF RSA AND GOVERNMENT OF REPUBLIC OF KENYA FOR AVOIDANCE OF DOUBLE TAXATION AND PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME

 

Mr C J DE BEER: Chairperson, although South Africa and Kenya belong to different trade blocs - Kenya belonging to the Common Market for Eastern and Southern Africa, Comesa, while South Africa belongs to the Southern African Development Community, SADC – the two countries have entered into an agreement to enhance trade relations between themselves. The current balance of trade is strongly in favour of South Africa with a ratio of 20:1, meaning that the value of exports from South Africa to Kenya is 20 times that of Kenya to South Africa.

 

Kenya mainly sells flowers, handicraft and woven products to South Africa - and some of you drink Kenyan tea as well - while South Africa exports goods such as vehicles, machines and computers. The purpose of the agreement is to avoid double taxation and fiscal evasion with respect to taxes on income derived within the two countries.

 

It is a common practice in most countries for taxes to be imposed from worldwide income derived by residents of the country and on income derived by nonresidents who reside in the country. The effect of such a system is that income derived by a resident of one country from a source in another country is subjected to tax in both countries.

 

This practice clearly discourages foreign investment, and it is normal for countries that have trade relations to conclude double-taxation agreements. Such agreements commonly provide that income of a particular nature will either be taxed in only one of the countries, or may be taxed in both countries, with one of them allowing a credit for the tax imposed by the other. This agreement will apply to all taxes on income imposed by the two states, irrespective of the manner in which they are levied.

This is a bilateral agreement and will apply to persons who are residents of one or both countries. For this reason, the agreement is therefore not applicable to citizens of each state who are residing in a third state.

 

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

 

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 16:57.

________

 

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

WEDNESDAY, 20 APRIL 2011

 

ANNOUNCEMENTS

 

National Assembly and National Council of Provinces

 

The Speaker and the Chairperson

 

1.         Assent by President in respect of Bills

 

(1) Companies Amendment Bill [B 40B – 2010] – Act No 3 of 2011 (assented to and signed by President on 19 April 2011).

 

THURSDAY, 21 APRIL 2011

 

ANNOUNCEMENTS

 

National Council of Provinces

 

The Chairperson

 

1.         Referral to Committees of papers tabled

 

(1) The following paper is referred to the Joint Standing Committee on Defence for consideration:

(a)        2010 National Conventional Arms Control Committee (NCACC) Annual Report.

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1.         The Minister of Trade and Industry

 

(a)        Government Notice No R.293 published in Government Gazette No 34180 dated 1 April 2011: Regulations in terms of the Consumer Protection Act, 2008 (Act No 68 of 2008).

 

(b)        Government Notice No 294 published in Government Gazette No 34181 dated 1 April 2011: Determination of threshold in terms of the Act: Consumer Protection Act, 2008 (Act No 68 of 2008).

 

THURSDAY, 28 APRIL 2011

 

ANNOUNCEMENTS

 

National Assembly and National Council of Provinces

 

The Speaker and the Chairperson

 

1.         Assent by President in respect of Bills

 

(1)        Division of Revenue Bill [B 4 – 2011] – Act No 6 of 2011 (assented to and signed by President on 27 April 2011).

 

THURSDAY, 5 MAY 2011

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1.         The Minister of Justice and Constitutional Development

 

(a)        Annual Performance Plan of the Department of Justice and Constitutional Development for 2011 – 2012.

 

2.         The Minister of Police

 

(a)        Report of the Independent Complaints Directorate on Domestic Violence for the period January – June 2010, tabled in terms of section 18(5)(c) of the Domestic Violence Act, 1998 (Act No 116 of 1998).

 

3.         The Minister of Transport

 

(a)        Strategic (Corporate Plan) of the Ports Regulator of South Africa for 2011/12 – 2013/14.

 

4.         The Minister of Women, Children and People with Disabilities

(a)        Southern African Development Community (SADC) Protocol on Gender and Development, tabled in terms of section 231(2) of the Constitution, 1996.

 

(b)        Explanatory Memorandum to the Southern African Development Community (SADC) Protocol on Gender and Development.

 

WEDNESDAY, 11 MAY 2011

 

ANNOUNCEMENTS

 

National Assembly and National Council of Provinces

 

The Speaker and the Chairperson

 

1.         Classification of Bills by Joint Tagging Mechanism (JTM)

 

(1)        The JTM in terms of Joint Rule 160(6) classified the following Bill as a section 75 Bill:

 

(a) Science and Technology Laws Amendment Bill [B 5 – 2011] (National Assembly – sec 75).

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1.         The Minister of Finance

 

(a) Government Notice No R. 318 published in Government Gazette No 34204 dated 11 April 2011: Amendment of Rules (DAR/88), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(b) Government Notice No R. 345 published in Government Gazette No 34215 dated 21 April 2011: Amendment of Rules (DAR/89), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

    

(c) Government Notice No 363 published in Government Gazette No 34233 dated 29 April 2011: Listing of public entities, in terms of the Public Finance Management Act, 1999 (Act No 1 of 1999).

 

(d) Government Notice No 364 published in Government Gazette No 34233 dated 29 April 2011: Listing of public entities, in terms of the Public Finance Management Act, 1999 (Act No 1 of 1999).

 

(e) Government Notice No 365 published in Government Gazette No 34233 dated 29 April 2011: Notice in terms of section 10 (1) (y) and paragraph 64A of the Eight Schedule , in terms of the Income Tax Act, 1962 (Act No 58 of  1962).

 

(f) Government Notice No 366 published in Government Gazette No 34233 dated 29 April 2011: Notice in terms of section 10 (1) (y), in terms of the Income Tax Act, 1962 (Act No 58 of 1962).

2.         The Minister of Home Affairs

 

(a)        Memorandum of Understanding between the Government of the Republic of South Africa and the Government of the Republic of the Kingdom of the Netherlands on Technical Co-operation in Migration Matters, tabled in terms of section 231(3) of the Constitution, 1996.

 

3.         The Minister of Justice and Constitutional Development

 

(a)        Report of the South African Law Reform Commission for 2009-2010 [RP 273-2010].

 

4.         The Minister of Trade and Industry

 

(a)        Companies Regulations, in terms of section 223 and Item 14 of Schedule 5 of the Companies Act, 2008 (Act No 71 of 2008).

 

THURSDAY, 19 MAY 2011

 

ANNOUNCEMENTS

 

National Assembly and National Council of Provinces

 

The Speaker and the Chairperson

 

1.         Assent by President in respect of Bills

 

(1) Independent Police Investigative Directorate Bill [B 15F – 2010] – Act No 1 of 2011 (assented to and signed by President on 12 May 2011).

 

(2) Civilian Secretariat for Police Service Bill [B 16F – 2010] – Act No 2 of 2011 (assented to and signed by President on 12 May 2011).

 

(3) Rural Development and Land Reform General Amendment Bill [B 33 – 2010] – Act No 4 of 2011 (assented to and signed by President on 12 May 2011).

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1.         The Speaker and Chairperson

 

(a)        2010 Annual Report to the United Nations by the National Conventional  Arms Control Committee (NCACC), tabled in terms of section 23(1)(a) of the National Conventional Arms Control Act, 2002 (Act No 41 of 2002).

 

(b)        2011 First Quarterly Report of the National Conventional Arms Control Committee (NCACC), tabled in terms of section 23(1)(b) of the National Conventional Arms Control Act, 2002 (Act No 41 of 2002).

 

Referred to the Joint Standing Committee on Defence.

 

2.         The Minister of Defence and Military Veterans

 

(a)        Proclamation No 31 published in Government Gazette No 34219 dated 15 April 2011: Commencement of the Defence Amendment Act, 2010 (Act No 22 of 2010).

 

National Council of Provinces

 

1.         The Chairperson

 

(a)        Statement issued in terms of section 106(1)(b) of the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000), on allegations of possible maladministration, fraud and corrupt practices within Ethekwini Municipality, KwaZulu-Natal.

 

Referred to the Select Committee on Cooperative Governance and Traditional Affairs for consideration.

 

(b)        Submission of a petition from the JBBSSW Taxi Association in Gauteng Province.

 

Referred to the Committee on Petitions and Members’ Legislative Proposals for consideration and report.

 

MONDAY, 23 MAY 2011

 

ANNOUNCEMENTS

 

National Assembly and National Council of Provinces

 

The Speaker and the Chairperson

 

1.         Calling of Joint Sitting

 

CALLING OF A JOINT SITTING OF PARLIAMENT

 

The Speaker of the National Assembly, Mr M V Sisulu, and the Chairperson of the National Council of Provinces, Mr M J Mahlangu, in terms of Joint Rule 7(2), have called a joint sitting of the Houses of Parliament for Wednesday, 25 May 2011 at 15:00 to conduct a debate in celebration of Africa Day.

 

            M V SISULU, MP                                               M J MAHLANGU, MP

            SPEAKER OF THE                                            CHAIRPERSON OF THE

            NATIONAL ASSEMBLY                         NATIONAL COUNCIL OF PROVINCES

 

TUESDAY, 24 MAY 2011

 

ANNOUNCEMENTS

 

National Assembly and National Council of Provinces

 

The Speaker and the Chairperson

 

1.         Assent by President in respect of Bills

 

(1) Correctional Matters Amendment Bill [B 41B – 2010] – Act No 5 of 2011 (assented to and signed by President on 24 May 2011).

 

2.         Bills passed by Houses – to be submitted to President for assent

 

(1) Bills passed by National Council of Provinces on 24 May 2011:

(a) Sectional Titles Schemes Management Bill [B 20B – 2010] (National Assembly – sec 76(1)).

 

(b) Community Schemes Ombud Service Bill [B 21B – 2010] (National Assembly – sec 76(1)).

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1.         The Minister of Correctional Services

 

(a)        Annual Performance Plan of the Department of Correctional Services for 2011‑12.

 

2.         The Minister of Finance

 

(a) Draft regulation on proposed final determination of municipal taxes, other than property rates, that existed prior to the enactment of the Municipal Fiscal Powers and Functions Act, 2007 (Act No 12 of 2007), tabled for parliamentary scrutiny in terms of section 10(4)(c) of the Act.

 

3.         The Minister of Water and Environmental Affairs

 

(a) Report and Financial Statements of Magalies Water for 2009-2010, including the Report of the Auditor-General on the Financial Statements for 2009-2010.

 

24 MAY 2011                PAGE: 1 of 117

 

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