Hansard: NCOP: Unrevised hansard

House: National Council of Provinces

Date of Meeting: 19 Apr 2011

Summary

No summary available.

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Minutes

UNREVISED HANSARD

 

TUESDAY, 19 APRIL 2011

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PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES

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The Council met in the Old Assembly Chamber at 14:03.

 

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

 

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.

 

NOTICES OF MOTION

 

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

 

That the Council –

 

(1) notes that in a show of confidence for the role played by the ANC in mobilising communities to vote for the African National Congress for development and advancement in their communities, the President of the African National Congress, Comrade Jacob Gedleyihlekisa Zuma, indicated that the ANC stands a better chance to win the City of Cape Town now than before;

 

(2) further notes that the President acknowledged that the Western Cape has initiated a new form of discriminatory service delivery system that has resulted in the neglect of townships where the majority of poor communities live; and

 

(3) takes this opportunity to welcome the political remarks of the President and calls on the people of the Western Cape to rally behind the ANC and its deployed candidates to take back the City of Cape Town.

 

Ms B V MNCUBE: Chairperson, I hereby give notice that at the next sitting of the Council I shall move:

 

That the Council –

 

(1) notes that strike action by Pikitup workers entered day 13 today, resulting in piles of uncollected rubbish littering the streets of Johannesburg central business district, CBD, and triggering a rat infestation that poses health risks;

 

(2) further notes that the strike has resulted in growing anger among residents about the continuing nondelivery of refuse removal services and the health risks created by the piles of uncollected refuse in their streets and that it has adversely affected hawkers and small business traders around the City of Johannesburg as communities; and

 

(3) takes this opportunity to call on leaders and representatives of the City of Johannesburg and the SA Municipal Workers Union, Samwu, to ensure that this strike action is resolved.

 

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

 

   That the Council –

 

(1) notes that the peaceful delivery protestor Andries Tatane was shot with a rubber bullet and beaten by six police officers to a bloody pulp, which ended in his tragic death;

 

(2) further notes the fact that the “shoot to kill” policy from Commissioner Bheki Cele has now manifested itself as “beat to kill”; and

 

(3)        finally notes that Mr Cele now has the blood of yet another citizen on his hands as a result of his proactive encouragement of police brutality.

 

The CHAIRPERSON OF THE NCOP: Hon members, we must be very careful on the motions we move. Order! We must be very careful because that matter is before the court now. That is actually a sub judice issue. I plead with members to be very careful. I think I will have to withdraw that motion. I will consult carefully with the staff on that. In anticipation, there are two matters which are sub judice currently. You are aware of them; you know what they are. Let’s not get carried away and go that route. You know the Rules of this House.

 

Mr T M H MOFOKENG: Chairperson, I hereby give notice that at the next sitting of the Council I shall move:

 

That the Council –

 

(1) notes with utter dismay the brutal and heartless killing of Andries Tatane during a protest in Ficksburg in the Free State;

 

(2) further notes that the six police officers identified as involved in the torture and subsequent killing of Tatane have been arrested by the Independent Complaints Directorate, ICD, and appeared before the Ficksburg Magistrate’s Court for their involvement in the heartless and brutal slaying.

 

Mr A WATSON: On a point of order: Besides being sub judice, that motion has already been raised. In terms of the Rules you can’t raise the same matter twice.

 

The CHAIRPERSON OF THE NCOP: That is exactly what I said. Members must be careful. I am going to withdraw all those motions anyway. If you don’t listen and you continue, I am going to withdraw them all. I have the power in terms of the Rules.

 

Mr D A WORTH: Hon Chairperson, in light of what you have said, I withdraw my motion.

 

Mrs E C VAN LINGEN: Hon Chairperson, I hereby give notice on behalf of the DA that at the next sitting of the Council I shall move:

 

That the Council –

 

(1) notes that while according to the national Minister all is well in the Department of Basic Education, in the Eastern Cape there are 2 367 or 42% of the section 20 schools in the province without stationery and handbooks, and the Department of Basic Education lost its court battle for awarding the tender to the wrong company;

 

(2) further notes that superintendent-general Adv Modidima Mannya admitted in the press that he has not even placed the order and if placed immediately, delivery would take six weeks, which would mean two terms without learning aids for thousands of scholars;

 

(3) finally notes that since the national Department of Basic Education’s intervention in the Eastern Cape department of education administration in early March 2011, very little has happened; and

 

(4) therefore requests that the national Minister immediately makes a personal exigency intervention for immediate delivery as we were told at an exhibition of the Department of Basic Education last week, prior to the department’s Budget Vote, that books were available and that we must just provide the names of the schools.

 

Mr H B GROENEWALD: Chairperson, I hereby give notice on behalf of the DA that at the next sitting of the Council I shall move:

 

That the Council –

 

(1) notes that hospital statistics reflect the increasing problem of teen pregnancies between April 2010 and March 2011, namely –

 

(a) 110 477 teenage girls in South Africa under the age of 19 were pregnant;

 

(b) 8 451 of those were aged between 10 and 14 years of age;

 

(c) 102 025 were between 15 and 18 years of age; and

 

(2) further notes that more and more children younger than 10 years old are becoming sexually active and that when the teens mentioned were impregnated, there was no support from most of the parents and they had to depend on the R250 grant per month; and

 

(3) requests more intensive sex education programmes in schools to alleviate this growing time bomb of teen pregnancies.

 

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 that 12 April 2011 “marked the 50th anniversary of the first time a man left planet earth and entered space, thereby inaugurating a completely new era of human exploration and potential future development”, according to the Engineering News of April 8-14 2011;

(2) further notes that Russian air force fighter pilot, Yuri Gagarin, pioneered this mission and was the first human in space and that this launch had an incredible impact on the way that human beings would conduct themselves in every sphere of their survival in the future; and

 

(3) takes this opportunity to use this memorable mission to further motivate mankind and the nations of the world to explore opportunities to establish colonies on other life-bearing planets.

 

Mr A G MATILA: Chairperson, I want to welcome Sinclair and his group, the Shilowa group, and hon Bloem and his group ...

 

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

 

Mr A G MATILA: The motion is about welcoming them back to the ANC, because they were confused.

 

PRESIDENTIAL ELECTIONS IN NIGERIA

 

(Draft Resolution)

 

Mr D D GAMEDE: Chairperson, I move without notice:

 

That the Council ?

(1) notes that one of Africa's most populous nations, Nigeria, held its presidential elections on Saturday, 16 April 2011;

 

(2) further notes that despite widespread security concerns after bombs hit a vote-counting centre and a polling station during last weekend's legislative elections, voting in the oil-rich country was largely peaceful and credible where incumbent President Goodluck Jonathan was declared the winner of the presidential elections in a landmark vote that exposed regional tensions and led to deadly rioting in the mainly Muslim north;

 

(3) takes this opportunity to congratulate the people of Nigeria and all political parties involved in the election on their dignified conduct and on demonstrating to the people of the world that Africa has great possibilities and that we value and hold with serious regard the principles of democracy; and

 

(4) congratulates incumbent President Goodluck Jonathan on his win and for being the incumbent and first president from the southern oil-producing Niger Delta region.

 

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

 

CALL TO ALL SOUTH AFRICANS TO CELEBRATE FREEDOM DAY

 

(Draft Resolution)

 

The CHIEF WHIP OF THE COUNCIL: Chairperson, I move without notice:

 

That the Council ?

 

(1) notes that next week, 27 April marks the 17th anniversary of Freedom Day ? a day celebrating South Africa's first nonracial democratic elections of 1994 and the restoration of human dignity in our country; and

 

(2) takes this opportunity to make a clarion call to the people of South Africa to join the various gatherings arranged throughout South Africa to celebrate Freedom Day and mark the liberation of our country and its people from a long period of colonialism and white minority domination.

 

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

 

DISREGARD FOR CITIZENS OF LANGA DURING FILM SHOOT

 

(Draft Resolution)

 

Mr F ADAMS: Chairperson, I move without notice:

 

That the Council ?

(1) notes with utter dismay the DA-led City of Cape Town’s absolute disregard for the citizens of Cape Town when it granted a permit to a film company to shoot a film earlier this week in Langa without the decency of informing the communities beforehand and in particular that the film crew will be firing blank shots during the night as part of a scene for the movie;

 

(2) further notes that as these communities had in the past been subjected to numerous gang violence activities and incidents, the sound of gunshots absolutely scared them to death, resulting in families fleeing or seeking refuge on floors and under beds to avoid becoming victims of the imagined crossfire;

 

(3) acknowledges that this incident once again illustrates the DA’s ongoing disregard for poor communities and in particular for upholding human rights and human dignity; and

 

(4) agrees that while economic development and in particular the promotion and strengthening of the film industry as a stimulant for economic growth and job creation should be supported, the Council rejects and condemns with utter dismay the insensitive, irresponsible and  inconsiderate behaviour of the City of Cape Town under control of the DA.

 

There being an objection, the motion without notice became a notice of motion.

 

GROWTH AND EXPECTED FUTURE SUCCESS OF DEMOCRATIC ALLIANCE

 

(Draft Resolution)

 

Mr R A LEES: Chairperson, I move without notice:

 

That the Council –

 

(1) notes the tremendous growth of the Democratic Alliance and that the DA is likely to gain control of the Nelson Mandela, Tshwane, Johannesburg and eThekwini Metropolitan Councils after 18 May 2011;

 

(2) therefore congratulates the hon Helen Zille, the hon Patricia De Lille and all DA leadership and members for turning South Africa away from the brink of collapse.

 

There being an objection, the motion without notice became a notice of motion.

 

OPPORTUNITIES OFFERED BY SOUTH AFRICA’S MEMBERSHIP OF BRICS

 

(Draft Resolution)

Mr A J NYAMBI: Chairperson, I move without notice:

 

   That the Council ?

  

(1) notes that South Africa’s membership of the Brics countries paves the way for South Africa and Africa to break free from the margins of the past and to play their role among powerful emerging economies;

 

(2) further notes the vast scope of opportunities for South African business in various areas, including energy, agriculture, science and technology that is created by South Africa’s membership of Brics;

 

(3) commends and congratulates President Zuma and the government under the leadership of the President and the ANC on this initiative and supports government in its efforts and its role to create an enabling environment for business to operate; and

 

(4) calls upon South African business to respond to the call of President Zuma by taking advantage of the opportunities that South Africa’s membership of the group of emerging market economies offers.

 

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

FRUSTRATION ARISING FROM POWER OUTAGES IN SOWETO

 

(Draft Resolution)

 

Ms M P THEMBA: Chairperson, I move without notice:

 

   That the Council ?

 

(1) notes that power outages have left some parts of Soweto without electricity for days, leaving thousands of residents stranded and businesspeople losing thousands of rands in profit;

 

(2) further notes that residents and the business community in Soweto have raised serious anger and frustration because of the failure of Eskom and the City of Johannesburg to give them a proper explanation for the outages and plans to address the problem; and

 

(3) calls on the City of Johannesburg and Eskom to address the problem and ensure that residents are kept abreast of measures to rectify the problem.

 

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

 

CONGRATULATING SWIMMER AND ROLE MODEL NATALIE DU TOIT

(Draft Resolution)

 

Mrs E C VAN LINGEN: Chairperson, I move without notice:

 

That the Council ?

 

(1) congratulates Olympic swimmer Natalie du Toit on her star performance at the South African Open Water Swim Championships at Marina Martinique in Jeffrey’s Bay on winning the 10 km marathon swim as well as the 5 km race; and

 

(2) thanks her for being the perfect role model for young swimmers in Kouga by visiting their training session and speaking to young members of the Kouga Swim Club about training and her international competitions.

 

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

 

HOUSING PROJECT IN MSINGA, KWAZULU-NATAL

 

(Draft Resolution)

 

Ms D Z RANTHO: Chairperson, I move without notice:

 

That the Council ?

 

(1) notes that the municipality of Msinga in the KwaZulu-Natal Midlands has appointed a contractor to build 500 new houses for the poverty-stricken communities in its area;

 

(2) also notes that this project is remarkable in view of the fact that the Msinga municipality is one of the poorest municipalities, with the majority of residents being dependent on grants;

 

(3) further notes that the communities are overjoyed by this event, praising the municipality for responding to their needs and saying that they are beginning to see the difference in their area. Together we can do more; and

 

(4) commends the municipality for this project and in particular commends the municipality on its unqualified audit report from the Auditor-General.

 

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

 

The CHAIRPERSON OF THE NCOP: The time allocated for motions is over, but I will add one and a half minutes to allow the following members to speak: the hon members Jacobs, Mokgobi, Mabija, Makhubela and Boroto. I will not take any more beyond the four.

 

CALL FOR RELEASE OF SOUTH AFRICAN PHOTOGRAPHER ANTON HAMMERL

(Draft Resolution)

 

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

 

That the Council ?

 

(1) notes the disappearance of South African freelance photographer and former chief photographer of the Saturday Star, Anton Hammerl, who disappeared in Libya on 5 April while covering the war;

 

(2) further notes that the Minister of International Relations and Co-operation, Minister Maite Nkoana-Mashabane, has appealed to those holding Hammerl captive to release him immediately so that he could come back to rejoin his family; and

 

(3) takes this opportunity to support the call for the release of Hammerl, and sends its prayers to his family, especially his wife, fellow South African journalist Penny Sukhraj, and his two sons and friends during this most trying time.

 

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

 

CALL FOR INVESTIGATION INTO DEATH OF FARMWORKER DAVID LUBISI

 

(Draft Resolution)

 

Mr M H MOKGOBI: Chairperson, I move without notice:

 

That the Council ?

 

(1) notes with utter dismay reports that David "Dayk" Lubisi, who is from Tsuvulani village near Bushbuckridge in Mpumalanga and disappeared more than a week ago, has been eaten by crocodiles in the Lepelle River, formerly known as the Olifants River;

 

(2) further notes that his family and fellow workers have disputed Lubisi’s farm employer’s version that he disappeared while drunk;

 

(3) calls on the police to investigate the serious allegation made by the family that Lubisi was killed and fed to crocodiles; and

 

(4) appeals to everyone with information about the disappearance of Lubisi to notify the police.

 

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

 

WELCOMING OF MULTIBILLION RAND ROAD MAINTENANCE PROGRAMME

(Draft Resolution)

 

Ms L MABIJA: Chairperson, I move without notice:

 

    That the Council ?

 

(1) notes and welcomes the multibillion rand road maintenance programme announced by the Minister of Transport, Minister Sibusiso Ndebele, on Monday with funding that will be ring-fenced for road maintenance;

 

(2) further notes that all the provinces will benefit from this programme which will be rolled out until 2014, as not only will it address the urgent need for upgrading and maintenance of the road network which has long exceeded its design life, but it will also create much-needed job opportunities and during the 2010-11 financial year alone more than 70 000 jobs will be created; and

 

(3) urges the Minister and the Department of Transport to give special consideration and attention to the urgent need for proper and better roads in the deep and poverty-stricken rural areas.

 

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

 

Mr M W MAKHUBELA: Chairperson, I had the same motion as that of hon Mokgobi.

 

ALLEGED ASSAULT OF CASUAL WORKERS BY OWNERS OF CA TIMBER

 

Ms M G BOROTO: Chairperson, I move without notice:

 

That the Council ?

 

(1) notes with utter dismay the serious allegations levelled against two brothers from Ravensmead who own CA Timber in Blackheath Industrial for sexually assaulting and racially abusing four workers they hired for casual work last week ...

 

The CHIEF WHIP OF THE COUNCIL: On a point of order: I am sorry that I have to disturb the hon Boroto but she is moving a motion you have ruled against.

 

The CHAIRPERSON OF THE NCOP: Is it the same matter?

 

Ms M G BOROTO: It is not the same matter, but I agree. I meant to say “alleged assault”.

 

The CHAIRPERSON OF THE NCOP: But the matter is before the court.

 

Ms M G BOROTO: Thank you, Chair, I agree.

The CHAIRPERSON OF THE NCOP: Thank you, hon member.

 

APPROPRIATION BILL

 

(Policy debate)

 

Vote No 21 – Correctional Services:

 

The DEPUTY MINISTER OF CORRECTIONAL SERVICES: Hon Chairperson, hon members of the select committee, members of the NCOP, the National Commissioner of Correctional Services, Correctional Services management, Judge Van Zyl, Office of the Inspecting Judge ? and allow me to acknowledge our juveniles from Drakenstein Prison, accompanied by their parents, in the gallery ? distinguished guests, correctional officials, comrades, friends and compatriots, last year we made a commitment to heighten the delivery of Correctional Services so that we can be one of the best in the world. It is critical to report back on how far we have moved towards the realisation of those goals. We have made a number of strides at policy, organisational and operational levels. These make the department better able to deal with the numerous challenges inherent in running a correctional system, challenges such as overcrowding, parole administration, security, rehabilitation and the social reintegration of offenders.

 

With regard to policy, the Minister has successfully led a policy review in respect of the management of remand detainees, medical parole, the rehabilitation and development of offenders and the strengthening of partnerships with stakeholders. We wish to express our deeply felt gratitude to this House for its sterling work in supporting the development and approval of the Correctional Matters Amendment Bill. That is now awaiting the President’s signing it into law.

 

The Correctional Matters Amendment Bill provides a legislative framework for, inter alia, effective implementation of the new White Paper on Remand Detention in South Africa that was approved by Cabinet in 2010. This introduces a new model for the management of remand detainees. The White Paper and the Bill provide for a maximum period of remand detention, a different uniform and the provision of access to medical parole placement for remand detainees. These are some of the new approaches we will be implementing in the future.

 

There is also a new model for the management of medical parole, with built-in checks and balances. It includes the establishment of an advisory panel of medical doctors as well as the broadening of scope beyond the definition “final stages of terminal illness”. In this way, the current high levels of inmate deaths from natural causes could effectively be reduced without increasing risks to public safety.

 

We acknowledge that the department has institutional capacity challenges that have hamstrung its ability to effectively implement the White Paper on Corrections approved by Cabinet in 2005. We have also done a diagnostic analysis of the department through, inter alia, the ministerial task team. As a result, we have developed a “blueprint for a high-level transformation agenda”, which we will implement during this financial year.

 

As one of the highlights in the progress made to reposition Correctional Services to better deliver on its mandate, the national commissioner, Tom Moyane, was appointed just 11 months and four days ago. The new chief financial officer was also appointed and together with senior executive management they have begun to make a difference in a number of areas. The Ministry wishes to reaffirm its belief that the White Paper policy framework remains a pivotal pointer of a new direction for correctional services in our country.

 

In this regard, the leadership is concerned about ad hoc and, in some areas, disintegrated efforts to drive the implementation of the White Paper. We must say that this has resulted in less than desirable progress being made after six years of implementation. In order to remedy this situation, the department has established an enterprise project management office in the office of the national commissioner. This will strengthen the centre and co-ordination of all priority intervention programmes.

 

We have also begun to address security gaps, with the establishment of a chief directorate to take responsibility for: improving capacity for vetting with an allocation of R12 million for building the vetting field unit; establishing an intelligence unit to deal with gangs; and strengthening the command structure for the repositioning of emergency support teams as elite security units.

 

We have upgraded the information technology unit to the level of a branch, led by a deputy director-general, in order to improve service delivery and to ensure the effective integration of information and security technologies with our partners in the criminal justice system. The internal audit and health care services units have also been upgraded to chief directorates. That will strengthen internal controls and the delivery of health care services in an integrated manner.

 

We have also lifted the recruitment moratorium. As a result, we have employed over 2 200 people since July 2010. These include 1 014 Correctional Services learners currently undergoing training at Kroonstad and Zonderwater Colleges, and 496 interns to assist with asset verification in all management areas. We shall ensure that the 14% vacancy rate in the department is reduced to zero during this financial year in line with the presidential directive to contribute towards fighting unemployment.

 

With regard to addressing the perennial problem of overcrowding, we have begun to reduce overcrowding, registering a 5,7% decline from 40,62% to 35,85%. This leaves the 241 correctional centres to accommodate an average of 160 000 inmates against just over 118 000 bed spaces in the 2010-11 financial year. It remains a drop in the ocean, and much more work must be done to reduce overcrowding in our facilities, some of which are overcrowded by 200%. We are exploring the possible conversion of old military barracks into correctional centres and the conversion of underutilised buildings in cities and towns for use as halfway houses for, among others, over 1 000 potential parolees per year who cannot be released due to the absence of traceable addresses, family and community support.

 

We have begun in earnest to close serious gaps in the education and training of young offenders, with the Minister announcing a policy to extend access to education and launching a special operation, code-named Operation Funda. I am delighted that we have now increased full-time schooling from one centre in Durban Westville to five centres which provide the full National Curriculum Statement, NCS, syllabus accredited by the Department of Basic Education. We are on course to make all 13 youth centres full-time NCS schools.

 

A R5,4 million e-literacy campaign, driven in partnership with the Department of Communications and private partners, targets 1 500 offenders and some officials. Over three years, it has already delivered 296 graduates in the International Computer Driving Licence, ICDL. Similar partnerships are being pursued with the department of Education and the Presidency.

 

In fighting corruption, we have also registered progress in our zero tolerance for the scourge of fraud, corruption and serious maladministration. In this regard, we have sustained the improvement in our conviction rates during the year, with an increase from 89% to 91% in respect of officials charged with corruption and dishonesty. Nine officials, including senior executive managers, were either dismissed or resigned. As a sanction, 28 officials were given suspensions without pay for months. The rest of the convicted in the 103 cases received lighter sanctions, from final written warnings to corrective counselling.

 

We are playing a pivotal role in integrating the anticorruption efforts of government within the criminal justice system. We are building greater capacity to address backlogs in disciplinary cases. We are encouraged by the Special Investigating Unit’s acknowledgement that Correctional Services has acted on its recommendations. We are also encouraged by the audit findings of the Department of Public Service and Administration. They rated the department among the top three performing government institutions in the fight against fraud and corruption. Going forward, we intend to build on this solid base.

 

With regard to mainstreaming victim participation, the role of victims is increasingly taking centre stage. The Minister pledged in her agreement with the President to increase multifold victim participation in the administration of parole. This has been the case in the ministerial campaign to rename 11 correctional centres, and in the determination of parole for 395 lifers sentenced before 1 March 1994 who are eligible for consideration, as part of the implementation of the Constitutional Court ruling in this matter. We will step up the execution of the restorative justice framework.

 

Matters concerning vulnerable sectors of inmates, like women, children, people with disabilities, inmates with mental illness and the youth, are receiving the requisite attention. The ministerial task team has flagged a number of serious weaknesses in the management of these sectors and made pointed recommendations to turn the tide. These are the sectors that would also benefit greatly from the introduction of tagging technology, which will be one of the focal areas of the newly formed branch called the government information technology office. More innovative solutions will continue to be generated and explored so that incarceration is indeed reserved only for those who have committed serious and heinous crimes against society.

 

We welcome the allocation of R16,5 billion for the current financial year, and the projected average annual increase of 6,8% over the Medium-Term Expenditure Framework, MTEF, which will take our allocation to R18,8 billion by the year 2013-14.

 

We have demonstrated that, as a department, we can improve expenditure patterns without fiscal dumping. During the previous financial year, we registered a preliminary 4,7% in underexpenditure, essentially due to the recruitment moratorium and some infrastructure development allocations totalling R726 million from the allocated R15,4 billion for the 2010-11 financial year.

 

We wish to acknowledge that the improved allocation to the development and social reintegration functions is still not ideal over the MTEF period. This will continue to receive our attention as we grow the institutional capacity to spend – so too the strengthening of partnerships that make more resources available to enhance rehabilitation, development and social reintegration of offenders. We can reassure this House that we have adopted an approach of dealing with these challenges as if it were the last opportunity in our lives to do so, because we are alive to the impatience of our people for good service delivery. They want to be safe ? yesterday, today and tomorrow.

 

Armed with a strong belief that correction is a societal responsibility, the Minister convened a two-day stakeholders’ conference in Midrand. Here we considered the report of the ministerial task team that did a diagnostic audit of our facilities. The conference affirmed our belief in shared responsibilities across all sectors and agreed on the establishment of a broader co-ordinating forum that would facilitate the alignment of planning, resourcing, execution, reporting, monitoring and evaluation of all work undertaken in the corrections industry. The conference also agreed to convene on an annual basis in order to ensure that existing and new relations are built up to improve the footprint and to impact on all corrections, rehabilitation and social reintegration interventions.

 

We are on course in our efforts to improve the functioning of the office of the Inspecting Judge. We will also ensure that the recommendations made by the Inspecting Judge are acted upon. We strongly believe that the Judicial Inspectorate of Correctional Services has an important role to play. It is there to safeguard the human rights of our offenders, in line with our constitutional democracy.

 

In conclusion, we believe and we share the view that all people in South Africa deserve to be safe and to feel safe. We owe it to the heroes and heroines of the anti-apartheid struggle that brought about our own liberation. We also owe it to our children and grandchildren to bequeath to them a safe and happy South Africa. Together, we can contribute to the peace and stability of this, our great country. I thank you. [Applause.]

 

Mong T M H MOFOKENG: Modulasetulo, ditho tse kgabane tsa Ntlo le Motlatsi wa Letona, Morena Ramatlhodi, re le mokgatlo wa ANC re thabela ho tseba hore Ditekanyetso tsa Ditjhelete tsa lefapha di hotse dikabelong tsa naha le tsa diporofense ho netefatsa ntlafatso ya phano ya ditshebeletso ho batshwaruwa le ho ba bang ba amehang. Sena se tsamaellana le ntlha ya hore Ditekanyetso tsa Ditjhelete jwaloka sesebediswa sa tsa ditjhelete, di tshwanela ho ntshetsa pele mokgwatsamaiso wa phetoho le phano ya ditshebeletso ka hara lefapha.

 

Ha re lekola ditekanyetso tsena boemong ba naha, re hlokomela hore Ditekanyetso tsa Ditjhelete Lefapheng la tsa Tshokollo ya Batshwaruwa, di tswela pele ho bontsha kabelo e sekameng selemong se hodimo jwalo feela ka dilemong tse fetileng tsa ditjhelete. Dipalopalo tsa tshokollo ya batshwaruwa, ntshetsopele le mananeo a pusetso setjhabeng di bontshitse phokotseho ka selemo sa 2010-11, le bohashananyana ba tjhelete bo lebelletsweng bakeng sa se seng le se seng sa dibaka tsena tsa 2012-13.

 

Kabelo ya Ditekanyetso tsa Ditjhelete diporofenseng, e bontsha hore karolo e kgolohadi ya Ditekanyetso tsa Ditjhelete e abetswe lenaneo la tshireletso le mananeo a mang ohle a nang le seabo se fokolang ntle le botsamaisi. Setshwantso sena ha se a fapana esita le diporofenseng. Porofense ya Kapa Bophirima e fumane palo e kgolohadi botsamaising ba tshireletso le tshokollo ya batshwaruwa, mme e latelwa ke Gauteng mananeong ao ka tatelano. Tsona di latelwa ke Kapa Botjhabela le KwaZulu-Natal. Profense ya Limpopo, Mpumalanga le Leboya Bophirima ha di kopane di fumane kabelo e fokolang ho ya ka dipalopalo papisong le Kapa Bophirima mananeong wohle. Ka ho tswana, Foreisetata le Kapa Leboya di fumane kabelo e fokolang ho ya ka boemedi ba dipalopalo tsa diporofense.

 

Tsepamiso ya maikutlo ya mokgatlo wa ANC dikarolong tsa setjhaba sa mahaeng ke ntho e hlokolotsi ho netefatsa hore Ditekanyetso tsa Ditjhelete di ajwa ka tekano diporofenseng tse fapaneng. Sena se bontsha mokgwa o sekametseng diporofenseng tsa mahaeng ha ho ajwa ditjhelete. Leha ho le jwalo, re tlameha ho ba sedi ka ntlha ya hore kabelo ya Ditekanyetso tsa Ditjhelete e etswang ke lefapha e etsahala ho ya ka lenane la ditsi tsa tshokollo tse porofenseng ka nngwe.

 

Ka sebele ena ke e nngwe ya ditlhaloso tseo lefapha le fanang ka tsona hara tse ding. Leha ho le jwalo, diphetoho le dintlafatso tsa kabelo ya Ditekanyetso tsa Ditjhelete tsa porofense ka nngwe le hara diporofense tse fapaneng, di tshwanela ho kgothalletswa hore ho fediswe ho se lekane ho sa hlokeheng ha re ntse re tswela pele. Ho a kgoneha ho sebeletsa  Ditekanyetso tsa Ditjhelete tse lekanang selemong se latelang sa ditjhelete, ka ho dula majwana le lefapha.

 

Ha re sheba ditekanyetso ho ya ka moo mananeo a mokgatlo wa ANC a latelanang ka teng, ntlhakemo ya mokgatlo wa ANC ke hore tsamaiso ya tshokollo ha e a tshwanela hore e kgine motshwaruwa, empa e tshwanela ho ba le seabo tlhabollong. Ntlheng ena, tokomane ya 1994 ya Kgolo le Kahobotjha, RDP, e phahamisa tsela ya phetolo ya mokgwa wa tshokollo e le karolo ya sesebediswa sa mmuso. Sena se kenyelletsa basebeletsi le disebediswa tse ding ka hare ho lefapha lena haholoholo mabapi le maemo a maikutlo, tshekamelo ya boitshwaro, makgethe, seabo le botshepehi naheng e ntseng e hola.

 

Tokomane ya Kgolo le Kahobotjha e bua ka hore basebeletsi ba ditsi tsa tshokollo ba tshwanelwa ho rupellwa ho bontsha boleng ba demokerasi, mme setheo sa mehleng sa sesole ditshebeletsong tsa ditjhankane se fetohe. Tokomane ena e tswela pele ho ngangisana ka hore batshwaruwa ba tlameha ho fuwa ditokelo tsa botho ebile ba tlameha ho sireletswa ke Molaotheo.

 

Ho na le lenane le holang la batshwaruwa ba sebedisang pheko ya di-ARV, e leng ho bolelang hore kabelo e ekeditsweng lenaneong la tlhokomelo, e tla atolla phihlello ya boleng ditokelong tsa tlhokomelo ya bophelo bo botle jwalokaha Molaotheo o bolela. Batshwaruwa ba tshwanelwa ke ditokelo tsa botho le ho sireletswa ke Molaotheo. Baimana le basadi ba nang le bana, ba ditsing tsa tshokollo ya batshwaruwa, ba tlameha ho bolokwa maemong a nyalanang le ditlhoko tse totobetseng tsa mmele le kelello. Lefapha le leka ho kgotsofatsa ditlhoko tse hlalositsweng.

 

Ho feta moo, lefapha le kentse tshebetsong karohano ya bana ho batho ba baholo, e leng katleho ya bohlokwa. Molao o shebaneng le bana ba kwalletsweng o fetotswe ho latela maano a mokgatlo wa ANC. Molao wa tokelo ya ngwana o ile wa kenngwa tshebetsong ka kgwedi ya Mmesa 2010 ke Letona la Toka le Ntshetsopele ya Molaotheo. Haeba ho na le ditlwaelo tsa ditlolo tsa molao tse tshwanang le ho dudisa bana le batho ba baholo, ditlwaelo tseo di lokela ho fetolwa mme ho nkuwe bohato ho ba ikarabellang.

 

Ntshetsopele ya batshwaruwa thutong le dikelellong ke e nngwe ya dintho tse tlang pele ho lefapha le mokgatlo wa ANC, ho thusa batshwaruwa ho boela e ba baahi ba latelang molao, le ho ba thusa ho ba le seabo se setle moruong. Mabapi le sena, mokgatlo wa ANC o ikitlaetsa ho etsa tlwaelo ya ditokelo tsa botho ka hare ho ditheo tsa kotlo ho netefatsa tlhabollo ya batshwaruwa.

 

Ditekanyetso tsena di tlameha ho netefatsa boteng ba bodulo bo botle ba batshwaruwa. Ho fediswa ha tshubuhlellano ho ka etsa maemo a matle bakeng sa mananeo a tlhabollo. Leha ho le jwalo, tshubuhlellano e ne e qale e le mokgwa wa kotlo ka bowona. Ke bothata ba mokgwa wa kotlo bo sa kenyelletseng ditekanyetso tsa lefapha feela. Tshebedisanommoho ya Lefapha la Toka le Ntshetsopele ya Molaotheo, sepolesa, mesebetsi ya setjhaba le ntshetsopele ya setjhaba, e bohlokwa haholo mona.

 

Lefapha le ikemiseditse ho matlafatsa thekenoloji e rarahaneng e disang metsamao ya batshwaruwa le balebedi ho netefatsa polokeho ditjhankaneng. Mmuso o ikemiseditse ho matlafatsa ditheo tsa kotlo e sireletsehileng le ho bolokeha ho fokotsa menyetla ya ho phonyoha ha batshwaruwa ho ya ka Molaotheo. Mabapi le sena kabo ya ditekanyetso e sa le e bontsha diperesente tse ngata tse abelwang lenaneo la tshireletso. Lebaka la kgatello e kgolo mona ke ho thibela botlokotsebe ho batshwaruwa, ka ho matlafatsa mehato ya polokeho. Sena se tsamaelana le kgoeletso ya Moporesidente puong ya boemo ba naha hore ho netefatswe hore batho bohle Afrika Borwa ba bolokehile mme ebile ba ikutlwa jwalo.

 

Le ha ho le jwalo, ditshebeletso tsa tshehetso tsa Tlhahisoleseding ya Thekenoloji, IT, tse fumanweng ke botsebanyane di baka tshebediso ya tjhelete e ngata.

 

Tlaleho ya Mohlahlobi-Kakaretso wa Dibuka tsa Ditjhelete le yona e fane ka tlaleho e mpe mabapi le mekgwa ya tlhahisoleseding ya mosebetsi le ho hloleha ho fihlela dipehelo. Ho pepesitswe hore bongata ba tjhelete bo sebedisitswe ho IT e amanang le tshireletso, ha boelwa ha fumanwa kamora dilemo tse pedi hore ke diperesente tse 20 feela tsa mosebetsi wa rakonteraka, ke yona feela e sebetsang. Hona ho bolela hore tjhelete e ngata e sebedisitsweng bakeng sa IT ha e a bea ditholwana tse neng di lebelletswe.

 

Dithuto tse fapaneng di bolela hore ho ahwa ha ditsi tsa tshokollo tsa naha kapa tsa poraefete ha di rarolle bothata ba tshubuhlellano kapa ho fihlela sepheo sa tlhabollo ntle le ditjeo tse ngata ho tsona. Leha ho le jwalo, lefapha le bontshitse hore selekane sa diporaefete le setjhaba ke mokgwa wa phumantsho o baballang tjhelete haholo. Re hlokomela ka motlotlo hore tshokollo ya hara metse e se e qadile, e etelletswe pele ke Lefapha la Ditshebeletso la Tshokollo ya Batshwaruwa.

 

Bakeng sa ho fokotsa tshubuhlellano le ho potlakisa tlhabollo, ho lokela ho matlafatswe mekgwa ya dikahlolo tsa kantle tse kenyelletsang dikgeloso, le tshokollo ya ka hare ho setjhaba bakeng sa dinyewe tse nyane.

 

Batho ba dilemo tse ka tlase ho dilemo tse 18 ba ahloletsweng ditlolo tsa molao tse nyenyane ba lokela ho fetisetswa ditsing tsa toka tsa bana. Kabo ya ditjhelete bakeng sa ditsi tsa tshokollo ke peresente tse 12 feela, mme ha e ya lekana ho phetha mesebetsi ya lenaneo lena ho latela ditlhoko tsa lona. Kabo ya selemo sena le se latelang e lekanyetswa ho peresente tse 12 le halofo e leng keketseho e nyane.

 

Diboto tsa parola tsa rona di hloka ho matlafatswa ka boqhetseke, boitsebelo le basebeletsi hore ba kgone ho netefatsa ho phethwa ha mosebetsi wa tsona hantle diporofenseng tsohle. Re boetse re tshwanela ho ntlafatsa meputso ya baduladitulo le ditho diporofenseng kaofela. Karolo ya mosebetsi ona ke ho thusa bahlahlobi ba boahludi ba lefapha la ditsi tsa tshokollo, le ditsi tsa tshokollo tse ikemetseng. Mosebetsi wa tsona o ka thusa haholo ho hlabolla batshwaruwa.

 

Polokeho ya basebetsi le batshwaruwa ditsing tsa tlhabollo e bohlokwa haholo. Hajwale boteng ba maqulwana a dinokwane, ho phonyoha le dikgoka ditjhankaneng, di ntse di fokotseha mme re thoholetsa lefapha ka mosebetsi oo o motle. Re a tseba hore tlhabollo e qetella ka ho kgutlisetsa ba tlotseng molao setjhabeng ka katleho ka mokgwa o thibelang ho pheta ditlolo tseo. Diboto tsa parola le mananeo a teko di lokela ho fihlela sepheo sa tharollo.

 

Re fihlelletse sepheo sa rona dinthong tsena, haholoholo ka ho ananela sehlomathisetso sa ditaba tsa tshokollo e lekanyang ditokelo tsa batshwaruwa le ditlhoko tsa setjhaba ka polokeho. Ho hlokahala mokgwa o phethahetseng wa momahanyo ya motshwaruwa le setjhaba, e seng mmuso feela, mme tsena di kenyelletsa setjhaba, baahi le mekgatlo ya tsa bodumedi. (Translation of Sesotho paragraphs follows.)

 

[Mr T M H MOFOKENG: Chairperson, hon members of the House and Deputy Minister, hon Ramatlhodi, we are happy as the ANC to know that the budget for the department has increased at national and provincial levels to ensure improvement in the delivery of services to prisoners and other affected parties. This is in line with the fact that the Budget Vote as a financial tool is supposed to drive change and service delivery within the department.

 

When we look at the allocations at the national level, we realise that the budget for the Department of Correctional Services continues to show inequalities for the current year, just like in the previous financial years. Correctional Services statistics, development and community integration programmes have shown a decrease in 2010–11, and the expected portion of the budget for every facility for 2012-13.

 

Budget allocations at provincial levels show that a large portion of the budget is allocated to protection programmes and those with less important roles without proper management. This picture is not different, even at the provincial level. The Western Cape received the largest sum in the administration of protection and rehabilitation of criminals and was followed by Gauteng in those programmes. They are followed by the Eastern Cape and KwaZulu-Natal. Limpopo, Mpumalanga and the North West received a low combined budget in all programmes. The Free State and the Northern Cape received a small allocation according to the presentation of provincial statistics.

 

The focus of the ANC in rural areas is very important to ensure that budgets are allocated equally in different provinces. This shows inequalities in rural provinces because there is not enough money allocated. However, we need to be very careful about the money allocated by the department because it is allocated according to the number of rehabilitation centres in each province.

 

This is indeed one of the explanations, given by the department. However, changes and improvements with regard to the allocation of the budget for each province and among different provinces must be encouraged to stop unnecessary inequalities as we move forward. It is possible to work hand in hand with the department to ensure equal budget allocations in the next financial year.

 

When we look into the budget allocations according to the programmes of the ANC, the commitment is that the management of Correctional Services is not meant to bar a criminal, but to play a role in their rehabilitation. The 1994 Reconstruction and Development Programme document on this issue supports a change in approach to rehabilitation as part of a government strategy. This strategy should extend to employees and other mechanisms within the department, particularly regarding employees’ emotional wellbeing, inappropriate behaviour, professionalism, the role they play and reliability in a developing country.

 

The Reconstruction and Development Programme document states that employees of correctional facilities must be trained to demonstrate the value of democracy. Therefore the previous military format in the correctional facilities must change. The document further argues that criminals must be given their human rights and must also be protected by the Constitution.

 

There is an increasing number of criminals who are using ARVs, which means an increase in the allocations for protection programmes and increased rights of access to health care, as stated in the Constitution. Criminals are entitled to human rights and protection by the Constitution. Pregnant women and those who have babies while in correctional facilities must be placed in conditions that are favourable to their obvious physical and mental needs. The department strives to satisfy the above-mentioned needs.

 

Furthermore, the department introduced the separation of children from adults, which is an important achievement. The law that focuses on imprisoned children has been amended according to the policies of the ANC. The Act dealing with children’s rights was implemented in April 2010 by the Minister of Justice and Constitutional Development. If there is a tendency towards illegal acts such as imprisoning children together with adults, such tendencies must be changed and those responsible must be dealt with.

 

Developing prisoners educationally and mentally is one of the priorities of the department and the ANC, as well as helping criminals to become law-abiding citizens so that they can play a role in the economy. In relation to this, the ANC is committed to ensuring human rights in prisons in order to ensure proper rehabilitation of criminals.

 

These allocations must ensure that prisoners are kept in proper correctional facilities. The eradication of overcrowding can create better conditions for rehabilitation programmes. However, overcrowding was initially used as a punishment in itself. It’s problematic that this form of punishment is excluded in the department’s allocations. Co-operation between the Departments of Justice and Constitutional Development, the police, Public Works and Social Development is crucial.

 

The department is committed to improving technology used in monitoring the movement of prisoners and prison guards to ensure safety in prisons. The government is committed to improving the prison facilities in accordance with the Constitution for protection and safety in order to decrease chances for prisoners to escape. In relation to this, budget allocations have shown that large percentages have been allocated to protection programmes. The reason for this tremendous pressure is to prevent any criminal activities by prisoners, which is why steps are being taken to strengthen safety. This is in line with what the President said in his state of the nation address, namely that we need to ensure that all the people in South Africa are safe and that they also feel that way.

 

However, support services for information technology, IT, supplied by experts, require large capital expenditure.

 

The Auditor-General’s report also gives a negative report regarding information on jobs and the failure to meet certain conditions. It is reported that a large amount of money was spent on IT security measures, and it was discovered after two years that the contractors only fulfilled 20% of the contract awarded to them. This means that a lot of money that was used for IT upgrading did not yield the desired results.

 

Various researchers found that building national or provincial rehabilitation centres did not resolve overcrowding or achieve the purpose of rehabilitation without additional costs. However, the department has shown that public-private partnerships are cost-saving mechanisms. We have proudly realised that rehabilitation within communities has already started and is headed by the Department of Correctional Services.

 

In order to reduce overcrowding and speed up rehabilitation, the department must tighten up on the way judgments are given, which includes obstructions and rehabilitation within the community in minor cases.

 

People under the age of 18 who have been convicted of minor offences must be taken to juvenile prisons. The budget allocation for correctional facilities is only 12%, and it is not enough to execute the functions of the programme according to what is needed. The Budget Vote for the current and the forthcoming year is estimated at 12,5%, which represents a small increase.

 

Our parole boards should be strengthened significantly, skilfully and with capable personnel so that they can effectively carry out their functions in all provinces. We must also improve salaries for the chairpersons and members in all provinces. Part of their function is to assist inspectors from the judiciary, the Department of Correctional Services, and independent correctional centres. Their function can greatly assist in rehabilitating prisoners.

 

The safety of prison officials and prisoners in the correctional centres is crucial. Currently the prevalence of criminal gangs, the escapes and violence in prisons are on the decrease and we congratulate the department on a job well done. We know that rehabilitation ends with successfully reincorporating back into the community those who broke the law, by ensuring that they do not repeat the same offences. Parole boards and outreach programmes must reach a solution.

 

We achieved our goal in this regard, especially by acknowledging rehabilitation matters that safely give prisoners their rights and equally consider the needs of the community. There is a need for a complete strategy to incorporate prisoners into society, and this is not for government only, but must also include the communities, citizens and religious organisations.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon member, can you please conclude?

 

Mong T M H MOFOKENG: Ha ke qetela Modulasetulo, hajwale bongata ba ditshebeletso ka hare ho ditsi bo etswa ke dikhampane tsa poraefete tsa dikonteraka tse nkang boholo ba ditekanyetso tsa lefapha. Leha ho le jwalo, ditekanyetso tsena di bontsha tsela ya ntshetsopele ya ho phetha ditlhoko tsa batshwaruwa ka ho tshwana ha mananeo a entsweng. Re le mokgatlo wa ANC, re tshehetsa ditekanyetso jwaloka ha di ananetswe. Ke a leboha. [Mahofi.] (Translation of Sesotho paragraph follows.)

 

[Mr T M H MOFOKENG: In conclusion, Chairperson, services within the facilities are currently provided by private contract companies and that takes a large percentage of the department’s budget. However, the budget allocation shows a development in serving the needs of prisoners in the same manner as in the completed programmes. We as the ANC support the budget allocations as tabled. Thank you. [Applause.]]

 

Mr M W MAKHUBELA: Hon Deputy Chairperson, Deputy Minister and hon members of the House, Cope is delighted to note the appointment of the new national commissioner, Thomas Swabihi Moyane. We trust he will bring new hope and a better vision to the department. His presentation last week of the strategic plan for 2011-12 and 2012-15 was well received by all.

We would also like to commend the Minister of Correctional Services for the excellent job she did by releasing Mr Mofokeng and Mr Mokoena. These two gentlemen had served 19 years in prison for crimes they did not commit. However, Cope is concerned about whether there are others who have similarly been overlooked.

 

We would like to emphasise the following. The parole management system, and especially the integrated information and communication technology systems, must be reviewed.

 

We hope that the national commissioner and the hon Minister will look seriously into the numerous challenges, as mentioned by the Deputy Minister. The following needs to be clarified: Whether the strategic plan will improve the aligning of the budget allocation with a more comprehensive justice management system, with measurable objectives inside and outside of prisons; and whether the escalation by R1 billion over two years in the information and communication technology, ICT, systems was as a result of the investigation made during 2009-10, which was never published. Will these reports ever be published, hon Minister? We don’t know. Will transparency ever prevail in this department? We wonder if it will.

 

Can the Minister indicate how many consultants are currently being used in the department and how much was spent on them during the past financial year?

 

The issue of vetting and revetting, Deputy Minister, is a wonderful move. This will eliminate corruption and other issues, and we welcome that, Minister.

 

Regarding the issue of overcrowding, how is this going to be dealt with? Time and time again you are being pumped by these people. You mentioned the issue of restorative justice. How is the committee going to implement it? Because you can eliminate this overcrowding by introducing a project of community service and getting hard-working people to go and work in the communities, for example by cleaning during weekends.

 

Regarding the preparation of those hardened criminals who have been serving sentences for a long time, are they being prepared for their integration into communities? Sometimes when such people arrive at home, they find their family, wife or children are no longer there. They arrive at empty homes. They will commit crime that very night. Do we have such projects, Deputy Minister? We would appreciate them if they exist. Thank you.

 

Mr T B BEYLEVELDT: Hon Chairperson, Deputy Minister and hon members of the House, the Department of Correctional Services occupies an unenviable but crucially necessary place in the criminal justice system. The department is obliged to admit, house, clothe, feed, rehabilitate and reintegrate offenders referred to them by the courts. These offenders are frequently very violent and manipulative. Many offenders are extremely rich and have contact with criminals outside prison. Therefore the work that ordinary officials perform, particularly in the sections and centres, is frequently dangerous. We would like to extend our thanks and appreciation to them for the work they do.

 

The fact is that unless offenders are corrected and rehabilitated, we will not make South Africa a safer place to live in. But the sorry reality is that most offenders are not rehabilitated. In fact, many emerge from prison more criminalised than when they were admitted.

 

This is because most prisons are overcrowded and understaffed. Many prisons or parts of prisons are controlled by the gangs for large periods of the day. Most offenders do not get the rehabilitative interventions they need, or do not get them in sufficient intensity. Most offenders do not learn skills or the habits of hard work in prison.

 

Speaking of the gangs, it is a damning reflection on the extent of gang control in our prisons that an advertising agency can use this as part of a campaign against drunken driving. Are we so completely complacent about the fact that gangs control prison life that abuse is an accepted part of the punishment? There is a way to break this cycle, but it requires imagination and bold leadership. It starts with the institution of a system of alternative sentences, so that not every offender lands up in prison where he or she can be criminalised by gangsters.

 

It involves having an inmate tracking system, so that more parolees and probationers can be released without the risk of their absconding. It involves prisons that are less crowded and designed with rehabilitation in mind. It requires dedicated and incorruptible staff who understand what is needed to rehabilitate offenders. It is based on the understanding that prisons work where prisoners work and prisons are self-sufficient. The department needs to ensure that resources flow to these priorities.

 

Unfortunately, not much progress has been made towards these goals. While the Criminal Procedure Act provides for alternative sentences, they are not being used as widely as they could be. Specifically, many more offenders who do not constitute a danger to society need to do community service instead of serving prison time. This will relieve the pressure on overcrowding, but this requires the social reintegration branch to be properly resourced. This programme receives only 3,5% of the budget ? far too little for magistrates to feel confident that those performing community service will be properly monitored and supervised.

 

Likewise, the progress towards rolling out inmate tracking devices has been painfully slow and we hope that the Minister’s expensive visit to New York will provide new impetus to this project. The Portfolio Committee on Correctional Services was told that Cabinet has blocked start-up funding for the electronic monitoring project. The Minister needs to explain to the Cabinet that it is much cheaper to monitor a parolee or probationer in the community than it is to imprison that person.

 

The progress towards the construction of new-generation prisons has been equally slow. The department’s reluctance to go ahead with public-private partnership, PPP, prisons has been attributed to concerns about cost-effectiveness, but what is inexplicable is the delay in the completion of the facilities the department is constructing itself.

 

A very good example is the prison in Vanrhynsdorp. Its completion is two years overdue. Sections of this prison had to be broken down and reconstructed when the plans were found to be deficient. I understand there were at least 13 variations of these plans. For example, single cells without toilet facilities were constructed for women. The manganese-enriched steel for the window bars was substandard. The changes to the plans of this prison, many of which might have been avoided with foresight and proper planning, have not only involved delays but also wasted expenditure running into many millions of rands. I believe that R10 million alone was spent on sinking a street within the complex, so that prisoners could not be seen when they walked about.

 

Whatever the disadvantages of the PPP prisons may be – and I suspect much of the opposition is misinformed and ideological – they at least were finished on time and within budget.

 

Then there is the recruitment and retention of staff. More than 100 members of the department’s staff leave the service every month. Over and above this, there are large numbers of vacancies, especially of skilled artisans, educators and health professionals. There are still too many officials working in administrative and managerial posts and not enough working at the coalface, rehabilitating offenders.

 

Nothing should stop offenders from working! There are correctional centres that have production workshops that don’t produce anything. There are farms that stand fallow. The portfolio committee was told that there was not enough custodial staff to allow the farms to be employed optimally. The portfolio committee was also told that expansions to broiler projects were approved at four correctional centres, but were rejected by the department’s national building advisory committee. Bakeries in seven correctional centres are the subject of feasibility studies. Too little, too late, we say. Offenders should be active and productive for a minimum of eight hours a day. If there’s not enough work for them in the prisons, they can always fill potholes and clear up the rubbish in the City of Johannesburg and other ANC-controlled municipalities.

 

Most disturbingly, the budget we are asked to approve once more does not reflect and underscore the orientation. Once more, security and administration programmes absorb the lion’s share of the budget. Once more, the development, care and social reintegration programmes receive a scant 17,5% of the budget. We have to ask this question: Is the department serious about correcting offending behaviour and rehabilitating offenders? There is nothing the Minister or the department has told us to convince us that they are. Notwithstanding our reservations as mentioned in my speech, the Western Cape and the DA support Budget Vote No 21. I thank you. [Applause.]

 

Mr A G MATILA: Deputy Chairperson, Deputy Minister, members, ladies and gentlemen, the first thing I want to do today is congratulate the department on reducing its number of film stars by appointing senior management ? the director-general, DG, and others ? in the department. Last year we sent them packing because there was a film star in every post. Now we want to congratulate them. However, I want to raise the point that a vacancy rate of 14% is too high. Vacancies must be filled immediately.

 

Mr Mofokeng and Mr Mokoena suffered because of a lack of leadership in the department. They were supposed to have been released in June last year. They could not be released because the legal people in the department misled the Minister. We must be very careful about the legal people we employ to advise us in the department. They could only be released this year, a year after it all had happened.

I want to raise this precisely because I am concerned about the embarrassment caused when we went to the Constitutional Court and the Chief Justice was so angry in delivering his interpretation of the previous judgment. This was because the Minister’s legal advisers misled her. We think this is wrong and such matters must be dealt with immediately. That is the first issue.

 

Secondly, I want to congratulate the department because they told us that they won’t be like the City of Cape Town. They want to deal with the consultants in the department. The City of Cape Town wants to comply and not deliver services to Langa, the Cape Flats, and everywhere else. They can’t deliver, precisely because they want to comply with the law. [Interjections.] That is one area that I want to congratulate the department on, because they have too many consultants. We can’t be the DA, because the DA wants to comply; they don’t want to deliver services to the people. That is an area that I think we need to deal with seriously as the ANC. [Interjections.]

 

Those are the two issues I thought would be important for me to raise first, before the hon Sinclair and his group and Bloem and his group come back to the ANC because they think they are lost. [Laughter.]

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Matila, please address the House, not individuals.

 

Mr A G MATILA: Yes, hon Chairperson, through you, not Sinclair. Through you, but Sinclair. [Interjections.]

 

Mr K A SINCLAIR: On a point of order: I just want to find out if it is true that the hon Matila was mandated by the ANC to be a spy in Cope. Is that true? [Laughter.]

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon member, do you want to answer that?

 

Mr A G MATILA: I will deal with it. It is a very simple matter. [Laughter.] I don’t know what they are talking about when they refer to a spy in Cope. But unfortunately ? speaking through you, Chair ? Sinclair told me they are so confused in Cope that they think they will find a better home in the ANC, which is why Mbhazima Shilowa wants to come back to the ANC. That’s what Sinclair told me.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon member, you must address the Chairperson.

 

Mr A G MATILA: Yes, I said, ``through you’’, Chair.

 

The aim of the Budget Vote of the Department of Correctional Services is to contribute to maintaining and protecting a just, peaceful and safe society by enforcing court-imposed sentences, detaining inmates in safe custody while maintaining their human dignity and developing their sense of social responsibility, as well as promoting the general development of all inmates and persons subjected to community correction.

 

This year the strategic focus of the department’s Budget Vote is on the full implementation of the 2005 White Paper on Corrections in South Africa. The White Paper represents the final fundamental break with a past archaic penal system, and ushers in a start to our second decade of freedom, where prisons become correctional centres of rehabilitation and offenders are given new hope and encouragement to adopt a lifestyle that will result in a second chance towards becoming ideal South African citizens.

 

In 2010, Cabinet approved the Correctional Matters Amendment Bill, which seeks to strengthen the parole system to ensure a balance between upholding the rights of inmates and minimising the risk to society posed by offenders released on parole. It also broadens the criteria for eligibility for parole to include seriously ill and physically incapacitated inmates.

 

During this financial year we want to see clear plans and strategies from the department in order to begin the implementation of the legislation as soon as it is passed into law. I have confidence in and I believe that the leadership of the Department of Correctional Services is equal to the task.

 

I must state that the credibility of the parole board, parole in general and medical parole in particular, has been questioned in many corners. In the recent past, the issue of medical parole has been subjected to heated debate among academics, civil society groups and the public in general. I must commend the Minister of Correctional Services for her courageous and outstanding leadership in handling this issue.

 

Overcrowding continues to remain a key challenge for the department. The current capacity and the level of overcrowding pose several challenges and risks for the department. These include compliance with safe, secure, and humane conditions for those in custody; delivery of programmes relating to the correcting of offending behaviour and development of offenders; and the optimal utilisation of personnel.

 

Overcrowding has turned many of our prisons into crime-promoting institutions, instead of centres of rehabilitation. However, as the Select Committee on Security and Constitutional Development, we will enhance our oversight responsibility in this area, especially on the implementation of electronic monitoring of parolees and probationers, as well as the effective implementation of the Bail Protocol, to alleviate overcrowding.

 

Members should remember that the transformation of the department in the past decade included the demilitarisation of the correctional system in order to enhance the department’s rehabilitation responsibilities at the beginning of April 1996. This required the creation of a completely new system. This period also saw the movement from a paramilitary structure with military ranks, drill, and parades, and military command structure to a civilian government department.

 

Through the years the incarceration of offenders has been relied upon as the dominant sentence option to address the objectives of punishment. Research has shown that the above-mentioned approach no longer matches the current lifestyle.

 

Correctional centres, not only in South Africa but across the board, are faced with the same challenge. This is of course not the problem of the Department of Correctional Services alone, but that of the entire justice system. It is therefore obligatory for the justice system to join hands with society in accordance with the White Paper on Correctional Services in South Africa.

 

The ANC felt that correcting the behaviour of offenders is the responsibility of society as a whole. Hence, in Polokwane, we resolved that alternative mechanisms to incarceration be introduced for dealing with offenders who are deserving cases.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon member, you may conclude.

Mr A G MATILA: Chair, you are dealing with me directly, but I want to thank you. [Applause.]

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon member Matila, when you address a member, you should address him as “the hon so and so”, not just “Sinclair” or any other name.

 

Mr A G MATILA: I want to apologise, Sinclair. [Laughter.] I mean, hon member Sinclair.

 

UMntwana M M M ZULU: Mhlonishwa, iPhini likaNgqongqoshe walo Mnyango wezokuHlunyeleliswa Kwezimilo, izikhulu zonke ezikhona zomnyango wakho, amalungu ahloniphekile ale Ndlu, ozakwethu sebekhulumile ngakho konke abakubona kubalulekile okuqondene noMnyango wakho, manje sekudlule isikhathi seminyaka ngeminyaka kwatholakala ukuthi izikhulu kanye nabasebenzi boMnyango wakho bayathinteka ekweqeni kwabafowethu ababenze amacala emajele. Siyafisa ukuthi njengoba uthembisile enkulumweni yakho - lapho uthi nizoqinisa isandla ekubhekaneni naleyo nkohlakalo niqondise izigwegwe, niphinde nibaxoshe uma bethinteka. Kufanele bahambe ngempela ngoba laba bafowethu basuke bonile emphakathini, into edingekayo ukuthi bahambe bayoqondiswa.

 

Uma umuntu engaqondisekile akalungi kahle. Ngiyazi ukuthi uMnyango wakho uyakuvuma ukuthi uma sezigula iziboshwa zikhululwe. Uma sezikhungethwe yizifo - labo abafundile abazibiza ngokuthi phecelezi ama-chronic diseases - izifo ezingalapheki bese zikwazi ukuphulelwa isigwebo.

 

Siye sithi sasizwe ukuthi umuntu uneSifo soFuba esingalapheki esingahle simbulale, mahlayeni mahlayeni nangu esebonakala egcwala izitolo enza zonke izenzo zokukhohlakala. Kuzodingeka ukuthi siphinde siwubhekisise umthetho waleli lizwe ngoba siba yinhlekisa emazweni omhlaba. Asibheke ukuthi singawuchibiyela kanjani uMthethosisekelo, uma sekwenzeka uZulu esephilile ukuze aphindele phela ejele ayoqedela isigwebo sakhe.

 

Mhlonishwa, angiphikisani nokuthi amajele aqanjwe kabusha, kuyinto enhle leyo. Kodwa, la ekomidini leli sikanye nezikhulu zoMnyango wakho, sakubeka kwacaca ukuthi indaba yokubekwa kwamabamba emsebenzini kayemukelekile. Uma ngibambele umuntu lapha ngeke ngavuma ukuthi ngemuva kokubamba izinyanga eziyisithupha, gwijiji sekuqhamuka ndoda thizeni yaKwaZulu kwaNongoma isizophatha lapho kade ngibambe khona isikhathi eside.

 

Ake nikuyeke lokho, niqashe abantu bakithi ngokupheleleyo njengalokhu athembisa uMongameli wezwe lapho athi khona iMinyango kahulumeni mayiqashe abantu. Yenzani okuthile ngezimali; qashani abantu ngoba indlala ibhokile ezweni lakithi.

 

Ngiyazi ukuthi kukhona owadeni abasebenza izinsuku eziyisikhombisa ngesonto, lokho akuvumelekile ngoba basuke sebekhathele ngenxa yokugada izigebengu eziyingozi. Njengeqembu leNkatha yeNkululeko, siyakuxhasa ukuthi uMnyango wakho kufanele uthole ezinye izimali ngoba ubhekene nabantu abenza inkohlakalo enkulu emphakathini. Kukhona abanye ababulala abazali, oyise ababeguqile phezu konina, izingane abazizalayo, ngisho izintombi zabo imbala uma sezithi ziyabala.

 

Phezu kwakho konke lokhu-ke kudingeka ukuthi uMnyango wakho uhlale uphephile futhi ukhululekile ngoba sithembele kuwo njengesizwe. Uma umuntu kudingeka ukuthi aqondiswe izigwegwe ... - ngoba mina uma ngifuna ukuqondisa izigwegwe ngiye ngikubize ngezinduku, sishayane ngezinduku sophisane amakhanda, ngokwenze njalo sengiyazi ukuthi isigwegwe siqondile. Ngiyazi kodwa ukuthi ngokomthetho waleli lizwe, kuyoba yicala elibomvu lelo futhi ungaboshwa nokuboshwa.

 

Siyakweseka ukuthi uMnyango wakho uthole isabiwomali esibhekile, ukuze ukwazi ukubhekana nayo yonke iNingizimu Afrika njengoba injalo. Ngiyabonga. [Ihlombe] (Translation of isiZulu speech follows.)

 

[Prince M M M ZULU: Hon Deputy Minister of Correctional Services, all the officials of your department who are present here, and the hon members of this House, my colleagues have already spoken about everything that they deem important with regard to your department. Many years have gone by since it was discovered that officials and staff members were implicated in the escaping from prison of our brothers who have committed crimes. We hope that ? as you have promised in your speech ? you are firm in dealing with that corruption, and that you put in place disciplinary measures and even expel them if they are found guilty. They must be fired because these brothers of ours have wronged the community; what is needed is for them to be rehabilitated.

 

If somebody is not well rehabilitated, the situation doesn’t improve. I know that your department allows for prisoners to be released if they become sickly. When they have what are termed chronic diseases by the learned people – the incurable diseases – their sentences are suspended.

 

We understand that an incurable disease such as TB might cause someone’s death, but then they are seen shopping around and doing all sorts of bad things. We need to review this law of the department because we are becoming the laughing stock of the international community. Let us look at how we can amend the Constitution, to ensure that, for example, Zulu goes back to prison to finish his sentence when he has recovered.

 

Hon member, I am not disputing the fact that prisons should be renamed; that is good. But this committee, together with the officials from your department, stated clearly that the issue of having acting personnel in vacant positions is not acceptable. When I am in an acting position, I will not allow someone from Zululand/KwaNongoma to suddenly come and take over from me after I have been acting in that position for six months.

 

You must do away with that practice; appoint our people full time, as the President of the country promised when he stated that government departments should employ people. Do something about the funds and appoint people, as poverty is rife in our country.

 

I know that there are prison warders who work seven days a week, which is not acceptable as they become very exhausted from guarding dangerous criminals. As the IFP, we support the call for your department to get additional funds, because it is dealing with people who commit serious crimes and corruption in the communities.

There are those who kill their parents, their biological fathers, their own children, and even their girlfriends when they decide to end the relationship.

 

In addition to this, your department needs to be safe and sound because we are relying on it as a nation. If I want to discipline a person I will challenge him to a stick fight; we will hit each other on the head with the sticks until we bleed, and in that way I know that discipline has been entrenched. But I know that according to the laws of this country that would be considered a serious crime, for which you can even be arrested.

 

We agree that your department should receive a bigger budget, so that you are able to deal with the whole of South Africa as is.]

 

Mr A J NYAMBI: Chairperson, my hon Deputy Minister, hon Chairperson of the NCOP, guests present today, I feel it would be in order for me to premise my speech by quoting what is given to all of us whenever we are sworn in as Members of Parliament, so that all of us, irrespective of political affiliation, can have a few seconds to reflect:

 

We, the people of South Africa,

 

Recognise the injustice of our past;

 

Honour those who suffered for justice and freedom in our land;

Respect those who have worked to build and develop our country; and

 

Believe that South Africa belongs to all who live in it, united in our diversity.

 

We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to ?

Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights;

 

Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law;

Improve the quality of life of all citizens and free the potential of each person; and

 

Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.

 

May God protect our people.

 

I am deliberately quoting this so that whenever we are dealing with matters such as the Budget Vote of Correctional Services we realise it’s good to criticise.

 

In this month of April, we are celebrating the 32nd anniversary of the execution of one of our gallant fighters, Solomon Kalushi Mahlangu. We all know that Mahlangu was wrongfully hanged. That is why we take this opportunity to pay tribute and homage to this great son of Africa. Today we have Mr Mofokeng and Mr Mokoena as our guests at this sitting.

 

I have heard people express criticism here and sometimes when you do not give credit where it is due, you tend to distort something that is genuine. Over the years the ANC has championed prisoners’ rights and needs under the cruel, inhuman sentencing regime. You do not need reminding of how much we campaigned against corporal and capital punishment. Sections 10, 11, 12 and 28 of our Constitution outlaw the use of the death penalty, as decided in the case of State Makwanyane and Another, and that of corporal punishment in the case of State V Williams and Others.

 

It is better to give the context of good things that have been done by the department and criticise where there are limitations. Correctional Services, in my limited understanding, is not convicting people. They deal with people as offenders. I have decided to dedicate my speech to dedicated, efficient, committed Correctional Services officials who deal with these people on a daily basis.

 

In some situations, practically so, they deal with people who are innocent. Hence I decided to mention Mr Mofokeng and Mr Mokoena because they are a classic historical case of apartheid injustice. We know very well what happened. They were arrested in 1992 and convicted in 1993 by the apartheid government. Then what happened?

 

Hon Deputy Minister, you talk about the development of offenders. That is why we have to give credit where credit is due. Mr Mofokeng, when he was convicted in 1993, innocent as he may be, had only standard seven. Today he is somebody with standard 10, a higher certificate, and is a qualified tutor from Unisa. [Applause.]

Mr Mokoena is today somebody with an N4. They are the result of the process that we are talking about, Deputy Minister. That is why I am saying we have to give credit where it is due. [Applause.]

Talking about the issue of parole administration, when the Chairperson of the NCOP was petitioned and referred it to our committee, we as a committee called on officials from Correctional Services to appear but they never did, even though we summoned them. The very quotation from the Constitution that I decided to start my speech with today should help to give these officials a clear indication of and help them understand the role of a committee in the NCOP and the role of Parliament.

 

After the ruling of the 30th, all of us, irrespective of political affiliation ? because we came to one conclusion, namely that this was a classic case of a miscarriage of justice ? were in Kroonstad. And when we asked these people about the role of officials of Correctional Services ? and we were forcing them because we were about to leave ? they said, no, is it not possible for us to have a few minutes so that we can bid goodbye to people who made us reconsider when one of us was in a suicidal mood. We are referring to those Correctional Services officials.

 

The ruling that you referred to, Deputy Minister, was made on the 30th. Within 24 hours, there was communication between us and the office of the Minister to say that as early as the next day these people would be out. That is why they were out on the 2nd. It is clear that they understand, respect and uphold the Constitution. [Applause.]

 

I feel that at times we tend to miss the opportunity of engaging when we have people who are acting. We happen to have a director-general. It is very good, hon Makhubela, to congratulate when the gaps are being filled. We have people who are working on a permanent basis. That is very positive.

 

It is very good, hon Matila, to criticise when we have a vacancy rate of 14%. It is equally good to give credit when there is something positive. I started by highlighting that the issue of conviction and dealing with parole administration and the development of offenders is a challenge. I am making the case that all of us in our respective corners should always revisit the Constitution and try to interpret and understand it and engage about it. That will help us develop.

 

Allow me to say that what I have learnt in this case is that the people in South Africa ? and I can be so bold as to say people everywhere in the world ? do not care how much we know until they know how much we care. Let me repeat, people do not care how much we know until they know how much we care. That is when they start to take you seriously and consider what you are going to say.

 

In conclusion, this case illustrates that “together we can do more” to build an integrated criminal justice system. The budget must help to advance this task. When the Select Committee on Security and Constitutional Development adopted this budget on Thursday last week, the two former prisoners, that is Mr Mofokeng and Mr Mokoena, were present to say thank you to the NCOP and for the department’s budget process.

 

They know the great need and the relevance of this budget to inmates. We hope that with the skills they acquired from correctional centres they will be able to contribute to rehabilitation and social reintegration and to a better life for all. The ANC supports this budget. I thank you. [Applause.]

 

The DEPUTY MINISTER OF CORRECTIONAL SERVICES: Hon Deputy Chair, I wish to begin my response by thanking all members who participated in this debate, particularly for the fact that there has been no single dissenting voice. We have all agreed that we support the budget, and for that I’m most grateful on behalf of my Minister and the department.

 

Secondly, I wish to indicate that we accept criticism and self-criticism as part of legitimate participation in the processes of governance in our country. It is only when we look at ourselves that we can say, we could have done better here, we can improve there, there is still something lagging there and so on. So, I take all the contributions as part of the legitimate work of Parliament, the NCOP.

 

My attention has just been drawn to the fact that when I read my main statement, instead of reading 1 014 I decided to inflate it in my ignorance to 10 014. I apologise for that. I want to put it on record and correct that.

 

Coming to the issue which hon Nyambi was talking about, that of the gentlemen Mofokeng and Mokoena, I want to join many in the department and say that we are deeply appreciative of the role that you, comrades, in the NCOP played. Had it not been for your intervention, we might still be dealing with this issue. You have been aggressive and focused and we are deeply appreciative of that. And of course, I thank the two former inmates themselves because they survived and gave us a chance to redeem ourselves as a country.

 

A concern was raised regarding the allocation of resources to urban areas as compared to rural areas. One is very sympathetic to that issue. I’m a rural boy. Ek is `n seun van die platteland, daar in die noordelike Limpopo. [I am a boy from the rural area, from northern Limpopo.] So, I’m very sympathetic to that.

 

However, a point needs to be made that the resources in Correctional Services follow the needs. So, your urban areas are the most populated and that’s where real crime is happening. That’s why you have got the biggest courts. Most courts in South Africa are in urban areas. As Correctional Services we receive our clients from the courts. That’s why we have to build more facilities in urban areas as opposed to rural areas.

 

We have hope for other interventions in this regard. For instance, it is possible to put up special facilities, like the public-private partnership, PPP, one in Limpopo and Kroonstad. It’s possible to do that. You can actually shift some of the high-security facilities away from urban areas to partly address the concern that was raised. I am sure we shall be interrogating that as we deal with this matter.

 

I may as well say on that issue that we are ready to move very rapidly towards the implementation of our PPPs. There have been debates between us and the private sector regarding the nature of controls and access. Part of the delay was not because there was inefficiency but it was an issue of policy principles that had to be addressed. For instance, do we relinquish our sovereignty to the private sector? That is a key question. Any country that does that can’t be serious about its sovereignty.

 

We have had to engage, as part of the process of preparing the base, with a view to ensuring that the new PPPs that come on line are going to be somewhat different. That’s a further second goal in that regard.

Also, we accept the fact that in the past the parole board has faced some challenges. These challenges related to, among other things, a lack of consistency in the implementation and interpretation of policies. A new board chairperson and deputy chairperson were appointed and they will start work with effect from 1 May 2011. We are hoping that with the appointment of the new board and our readiness to improve, like I said, as the department we will achieve greater efficiency in that regard.

 

Still on the issue of parole, the National Council for Correctional Services will now be responsible for the training of new members of the parole board. Going forward we are hoping that there will be an improvement and an undertaking to that end.

 

The issue of overcrowding remains a major concern and headache for the department. However, we have moved beyond being concerned and have elaborated strategies and put measures in place to begin to address overcrowding in our centres.

 

Together with our partners in the criminal justice system, we are looking at bail protocols so that, where it is possible and people have committed minor offences, you don’t unreasonably deny them bail. A large portion of our inmates are in fact awaiting-trial prisoners. They constitute quite a large part of that population. We believe that with the involvement of the community and greater efficiency of ourselves as the department in tracking down those who don’t have to await trial in prisons, our partners might gain confidence and come on board readily. We should not expect the prosecuting authority and the police to come on board when they are sure that the criminals will disappear and not face justice. We are addressing this issue with that sensitivity in mind.

 

With regard to sentenced inmates, as part of reducing the population in our centres we are also looking at community service where that is justified, and diversion, using in particular the laws that we have passed regarding juveniles and young people in South Africa. By the way, the largest number of inmates in our South African prisons, above 70% or so, are young people. If we were to have a successful diversion programme, which at the same time guarantees the safety of the communities, then we would be beginning to address the issue of overcrowding.

 

We are also looking at diverting ...

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Deputy Minister, you are left with one minute.

 

The DEPUTY MINISTER OF CORRECTIONAL SERVICES: To address overcrowding in our prisons, we are looking at electronic monitoring, different uniforms for parolees, dedicated remand centres and related measures.

 

In conclusion, I want to make a last point. While we appreciate the need to move with speed, we are also concerned about building new facilities and the cost factor. If we look at the centre that we built in Kimberley, as the department we spent about R85 million per annum, compared to the R400 million per annum that we pay to the PPPs annually. It’s a major factor. We do recognise the challenges and I must say, thank you very much, we are ready to tackle them head-on by working together with you. [Applause.]

 

Debate concluded.

 

LOCAL GOVERNMENT: MUNICIPAL SYSTEMS AMENDMENT BILL

 

(Consideration of Bill and of Report thereon)

 

Mr M H MOKGOBI: Chairperson, Chairperson of the NCOP, Deputy Minister, and august House, government adopted the Local Government Turnaround Strategy in 2009. The primary aim is to restore the confidence of the majority of our people in our municipalities, to rebuild and improve the basic requirements of a functional, responsive, effective, efficient and accountable developmental local government.

 

This Bill takes us boldly in that direction. The Bill is aimed at professionalising local government for improved service delivery and performance management. The Bill will open a new chapter in local government and help turn it around into a responsive, accountable, efficient and effective local government system that will help accelerate service delivery and the building of a better life for all.

 

Chairperson, given the political will to act, we hope that this Bill will indeed resolve all issues that have made local government distress-filled today. It is acknowledged that the proposed legislation, to a large extent, shifts municipal structures and, by implication, local government along a positive and constructive trajectory. It is our contention that the Department of Co-operative Governance and Traditional Affairs is cognisant of some of the inhibitors to effective and efficient service delivery in South Africa, and the proactive measures suggested in the Bill are indicative of this.

 

The aim of the Bill, as we said, is to professionalise local government by ensuring that the administrative apparatus of municipalities is staffed by appropriately qualified and competent persons to improve on service delivery ? as we said during the intervention reports; require employment contracts and performance agreements of municipal managers, and managers directly accountable to municipal mangers to be consistent with the uniform systems and procedures set nationally ? to avoid what we said during the intervention reports; and extend the Minister’s regulatory power to make regulations relating to macro benefits such as medical aid and pension benefits after consultation with the Ministers of Health and Finance. This will also ensure that the Minister does have a word in provincial matters if some of the provincial departments are not acting accordingly. It will also enhance the capacity of the Minister to use section 154, with regard to supporting other spheres of government.

 

The Select Committee on Co-operative Governance and Traditional Affairs supports the proactive and practical measures taken by the department to introduce a degree of professionalisation into local government. It is envisaged that this will be accomplished, firstly, through installing clear procedures and guidelines for the appointment of municipal managers; and secondly, by making sure that the councillors are personally liable for any fruitless or wasteful expenditure, that their accountability is ensured and appropriate, and that prospective political encroachment on the administrative domain is done away with or curtailed.

 

Thirdly, by precluding the appointment of employees who have been dismissed on the grounds of misconduct or those who are the subject of disciplinary enquiries, the likelihood of the repetition of the same transgressions committed by a municipal employee in different municipalities is reduced. There was a case that we have reported where one of the administrators came from Free State province to the North West province with an administrator, but under controversial measures. Such actions will be done away with.

Finally, and more importantly, in terms of proposed legislation, only those positions that are provided for in the staff establishment of the municipality will be occupied. So, there will not be fragmented appointments or appointments that come during the dark hours of the night. Hon members, these advances collectively point towards the building of better managed and more efficient municipal structures.

 

The Select Committee on Co-operative Governance and Traditional Affairs, having considered the subject of the Local Government: Municipal Systems Amendment Bill, referred to it and classified by the Joint Tagging Mechanism, JTM, as a section 75 Bill, reports that it has agreed to the Bill with that proposed amendment. I then move for its adoption. [Applause.]

 

Debate concluded.

 

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

 

Mr K A SINCLAIR: Chairperson, on a point of order: On the Order Paper of today, a draft resolution is quoted under my name on page 128, paragraph 5, which I certainly haven’t moved. I don’t know if this is an oversight of the Table staff or whatever, but I have a high regard for the President of this country. I certainly didn’t say what is said there. Thank you, Chairperson.

 

The CHIEF WHIP OF THE COUNCIL: Chairperson, the member rightly brought that to my attention. We will provide communication and we really do apologise. We will rectify the matter.

 

The CHAIRPERSON OF THE NCOP: Apology accepted. That concludes the business of the day. Hon members, you are requested to remain seated until the procession has left the Chamber.

 

The Council adjourned at 16:00.

__________

 

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

 

FRIDAY, 15 APRIL 2011

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1.         The Minister of Finance

 

(a)        Strategic Plan of the Financial and Fiscal Commission (FFC) for 2011/12 – 2012/13.

 

(b)        Strategic Plan of the Financial Services Board for 2011/12 – 2013/14.

 

(c)        Strategic Plan of the Pension Funds Adjudicator for 2011/12 – 2013/14.

 

(d)        Strategic Plan of the Government Pensions Administration Agency for 2011/12 – 2013/14.

 

(e)        Strategic Plan of the Accounting Standards Board for 2011/12 – 2013/14.

 

2.         The Minister of Communications

 

(a)        Revised Strategic and Corporate Plan of the Independent Communications Authority of South Africa for 2011 - 2014.

 

MONDAY, 18 APRIL 2011

 

ANNOUNCEMENTS

 

National Assembly and National Council of Provinces

 

The Speaker and the Chairperson

 

1.         Draft Bills submitted in terms of Joint Rule 159

 

(1)        Science and Technology Laws Amendment Bill, submitted by the Minister of Science and Technology.

 

 Referred to the Portfolio Committee on Science and Technology and the Select Committee on Education and Recreation.

 

National Council of Provinces

 

The Chairperson

 

1.         Referral to Committees of papers tabled

 

(1) The following papers are referred to the Select Committee on Finance:

 

(a)        Government Notice No R1049, published in Government Gazette No 33750, dated 10 November 2010: Determination of fees payable to the Registrar of Financial Services Providers in terms section 41(1) of the Financial Advisory and Intermediary Services Act, 2002 (Act No 37 of 2002).

 

(b)        Government Notice No R1069, published in Government Gazette No 33763, dated 19 November 2010: Amendment of Part 5A of Schedule No 1 (No 1/5A/149) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(c)        Government Notice No R1070, published in Government Gazette No 33763, dated 19 November 2010: Amendment of Rules (DAR/77) under section 120 of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(d)        Government Notice No R1071, published in Government Gazette No 33763, dated 19 November 2010: Amendment of Part 3D of Schedule No 1 (No 1/3D/11) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(e)        Government Notice No 1105, published in Government Gazette No 33781, dated 26 November 2010: Amendment of Schedule 2 in terms of section 75 of the Financial Intelligence Centre Act, 2001 (Act No 38 of 2001).

 

(f)         Government Notice No 1106, published in Government Gazette No 33781, dated 26 November 2010: Commencement of the Financial Intelligence Centre Amendment Act, 2008 (Act No 11 of 2008), in terms of section 29 of the Act.

 

(g)        Government Notice No 1107, published in Government Gazette No 33781, dated 26 November 2010: Amendment of Money-Laundering and Terrorist‑Financing Control Regulations in terms of section 77 of the Financial Intelligence Centre Act, 2001 (Act No 38 of 2001).

 

(h)        Government Notice No R1119, published in Government Gazette No 33817, dated 1 December 2010: Amendment of Schedule No 1 (No 1/1/1418) in terms section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(i)         Government Notice No R1120, published in Government Gazette No 33817, dated 1 December 2010: Amendment of Schedule No 1 (No 1/2A/152) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(j)         Government Notice No R1121, published in Government Gazette No 33817, dated 1 December 2010: Amendment of Schedule No 1 (No 1/2B/153) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(k)        Government Notice No R1122, published in Government Gazette No 33817, dated 1 December 2010: Amendment of Schedule No 1 (No 1/3A/12) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(l)         Government Notice No R1123, published in Government Gazette No 33817, dated 1 December 2010: Amendment of Schedule No 1 (No 1/3B/13) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(m)       Government Notice No R1124, published in Government Gazette No 33817, dated 1 December 2010: Amendment of Schedule No 1 (No 1/5A/150) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(n)        Government Notice No R1125, published in Government Gazette No 33817, dated 1 December 2010: Amendment of Schedule No 1 (No 1/5B/151) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(o)        Government Notice No R1126, published in Government Gazette No 33817, dated 1 December 2010: Amendment of Part 1 of Schedule No 2 (No 2/332) in terms of section 56 of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(p)        Government Notice No R1127, published in Government Gazette No 33817, dated 1 December 2010: Amendment of Schedule No 3 (No 3/666), in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(q)        Government Notice No R1128, published in Government Gazette No 33817, dated 1 December 2010: Amendment of Schedule No 6 (No 6/18), in terms of section 75(15) of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(r)         Government Notice No R1131, published in Government Gazette No 33813, dated 3 December 2010: Amendment of Rules (DAR/78) under sections 19 and 120 of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(s)        Government Notice No R1145, published in Government Gazette No 33824, dated 3 December 2010: Amendment of Schedule No 3 (No 3/667) in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(t)         Government Notice No 1202, published in Government Gazette No 33859, dated 17 December 2010: Exemption in terms of section 92 of the Public Finance Management Act, 1999 (Act No 1 of 1999).

 

(u)        Government Notice No 1213, published in Government Gazette No 33881, dated 17 December 2010: Variation of Policyholder Protection Rules (Short-term Insurance) 2004 in terms of section 55 of the Short-term Insurance Act, 1998 (Act No 53 of 1998).

 

(v)        Government Notice No 1214, published in Government Gazette No 33881, dated 17 December 2010: Variation of Policyholder Protection Rules (Long-term Insurance) 2004 in terms of section 62 of the Long-term Insurance Act, 1998 (Act No 52 of 1998).

 

(w)        Government Notice No R1225, published in Government Gazette No 33897, dated 24 December 2010: Amendment of Schedule No 1 (No 1/1/1419) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(x)        Government Notice No R1226, published in Government Gazette No 33897, dated 24 December 2010: Amendment of Schedule No 4 (No 4/335) in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(y)        Government Notice No R1227, published in Government Gazette No 33879, dated 24 December 2010: Amendment of Rules (DAR/79) under sections 19 and 120 of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(z)         Government Notice No 1247, published in Government Gazette No 33900, dated 31 December 2010: Technical changes of public entities in terms of sections 47 and 48 of the Public Finance Management Act, 1999 (Act No 1 of 1999).

 

(aa)       Government Notice No 1248, published in Government Gazette No 33900, dated 31 December 2010: Listing of public entities in terms of sections 47 and 48 of the Public Finance Management Act, 1999 (Act No 1 of 1999).

 

(bb)      Government Notice No 1249, published in Government Gazette No 33900, dated 31 December 2010: Delisting of public entities in terms of sections 47 and 48 of the Public Finance Management Act, 1999 (Act No 1 of 1999).

 

(cc)       Government Notice No 1250, published in Government Gazette No 33900, dated 31 December 2010: Technical changes of public entities in terms of sections 47 and 48 of the Public Finance Management Act, 1999 (Act No 1 of 1999).

 

(dd)      Government Notice No 1251, published in Government Gazette No 33900, dated 31 December 2010: Technical changes of public entities in terms of sections 47 and 48 of the Public Finance Management Act, 1999 (Act No 1 of 1999).

 

(ee)       Government Notice No 1252, published in Government Gazette No 33900, dated 31 December 2010: Delisting of public entities in terms of sections 47 and 48 of the Public Finance Management Act, 1999 (Act No 1 of 1999).

 

(ff)        Government Notice No 1253, published in Government Gazette No 33900, dated 31 December 2010: Delisting of public entities in terms of sections 47 and 48 of the Public Finance Management Act, 1999 (Act No 1 of 1999).

 

(gg)      Government Notice No 1254, published in Government Gazette No 33900, dated 31 December 2010: Listing of public entities in terms of sections 47 and 48 of the Public Finance Management Act, 1999 (Act No 1 of 1999).

 

(hh)       Agreement between the Government of the Federal Republic of Germany and the Government of the Republic of South Africa concerning Financial Cooperation in 2009, tabled in terms of section 231(3) of the Constitution, 1996.

 

(ii)         Explanatory Memorandum to the Agreement between the Government of the Federal Republic of Germany and the Government of the Republic of South Africa concerning Financial Cooperation in 2009.

 

(jj)         Assistance Agreement between the United States of America and the Republic of South Africa for Tri-Lateral Assistance and Cooperation, Democratic Consolidation, Advanced Increased Sustainable Local Government Service Delivery, Increased use of HIV/Aids and other Primary Health Care Services, Increased Access to Quality Education and Training, Support Economic Growth, Regional Objective – Rural Livelihoods Diversified in Southern Africa (USAID Assistance Agreement No 674-2010-00), tabled in terms of section 231(3) of the Constitution, 1996.

 

(kk)       Explanatory Memorandum to the Assistance Agreement between the United States of America and the Republic of South Africa on USAID Assistance Agreement No 674-2010-00).

 

(ll)         Financing Agreement between the European Community and the Government of South Africa concerning youth empowerment through culture and sport programmes, tabled in terms of section 231(3) of the Constitution, 1996.

 

(mm)     Explanatory Memorandum to the Financing Agreement between the  European Community and the Government of South Africa concerning youth empowerment through culture and sport programmes.

 

(nn)       Specific Agreement between the Government of the Kingdom of Belgium and the Government of the Republic of South Africa on a Belgian‑South African Study and Consultancy Fund, tabled in terms of section 231(3) of the Constitution, 1996.

 

(oo)      Explanatory Memorandum to the Specific Agreement between the Government of the Kingdom of Belgium and the Government of the Republic of South Africa on a Belgian‑South African Study and Consultancy Fund.

 

(pp)      Government Notice No R8, published in Government Gazette No 33926, dated 14 January 2011: Amendment: Exchange Control Regulations under section 9 of the Currency and Exchanges Act, 1933 (Act No 9 of 1933).

 

(qq)      Government Notice No R9, published in Government Gazette No 33926, dated 14 January 2011: Amendment: Orders and Rules in terms of the Exchange Control Regulations, 1961.

 

(rr)        Government Notice No 50 published in Government Gazette No 33977 dated 28 January 2011: Determination of a date on which section 13(1) and 38(1) of the Act shall come into operation in terms of the Taxation Laws Second Amendment Act, 2009 (Act No 18 of 2009).

 

(ss)       Government Notice No R.57 published in Government Gazette No 33983 dated 4 February 2011: Termination of existence of Amnesty Unit in terms of the Exchange Control Amnesty and Amendment of Taxation Laws  Act, 2003 (Act No 12 of 2003).

 

(tt)        Government Notice No R.58 published in Government Gazette No 33983 dated 4 February 2011: Amendment of Rules (DAR/80), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(uu)       Government Notice No R.75 published in Government Gazette No 33983 dated 4 February 2011: Amendment of Schedule No.2 (No.2/333), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(vv)       Government Notice No R.76 published in Government Gazette No 33983 dated 4 February 2011: Amendment of Schedule No.3 (No.3/668), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(2) The following paper is referred to the Select Committee on Finance for consideration and report:

 

(a) Government Notice No 1104, published in Government Gazette No 33781, dated 26 November 2010: Amendment of Schedule 1 (List of accountable institutions), tabled in terms of section 73(3) of the Financial Intelligence Centre Act, 2001 (Act No 38 of 2001).

 

(3) The following papers are referred to the Select Committee on Finance for consideration:

(a)        Report and Financial Statements on the Registrar of Friendly Societies for 2008 [RP253‑2008].

 

(b)        Report of the Registrar of Short-term Insurance for 2008 [RP269-2010].

 

(c)        Report of the Registrar of Long-term Insurance for 2008 [RP270- 2010].

 

(4) The following papers are referred to the Select Committee on Education and Recreation for consideration and report:

 

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

 

(b)        Explanatory Memorandum to the Southern African Development Community (SADC) Protocol on Science, Technology and Innovation.

 

(5) The following papers are referred to the Select Committee on Land and Environmental Affairs for consideration and report:

 

(a)        Report and Financial Statements of the Rand Water 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009‑10.

 

      (b)  Sustainability Report of Rand Water for 2009-10.

(c)        Report and Financial Statements of Umgeni Water for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.

 

(d)        Report and Financial Statements of Amatola Water for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.

 

(e)        Report and Financial Statements of Sedibeng Water for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.

 

(f)         Report and Financial Statements of Albany Coast Water Board for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.

 

(g)        Report and Financial Statements of Pelladrift Water Board for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.

 

(h)        Report and Financial Statements of Overberg Water for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.

 

(i) Report and Financial Statements of Bloem Water for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.

 

(j) Report and Financial Statements of Mhlathuze Water for 2009‑10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.

 

(k) Report and Financial Statements of the Bushbuckridge Water Board for 2009‑10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.

 

(l) Report and Financial Statements of the Lepelle Northern Water for 2009‑10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.

 

(6) The following paper is referred to the Select Committee on Public Services for consideration:

 

(a) Departmental Updated Strategic Plan of the Department of Human Settlements and Performance Plans for 2010–13.

 

(7) The following paper is referred to the Select Committee on Social Services for consideration and report:

 

(a)        Report and Financial Statements of the South African Social Security Agency (Sassa) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP46-2010].

 

(8) The following paper is referred to the Select Committee on Economic Development for consideration and report:

 

      (a)  Report of the Mine Health and Safety Inspectorate for 2009-10.

 

(9) The following papers are referred to the Select Committee on Security and     Constitutional Development:

 

(a) Proclamation No R76, published in Government Gazette No 33865, dated 9 December 2010: Referral of matters to existing Special Investigating Unit and Special Tribunal in terms of section 2(1) of the Special Investigating Units and Special Tribunals Act , 1974 (Act No 74 of 1996).

 

(b) Proclamation No R2, published in Government Gazette No 33697, dated 14 January 2011: Referral of matters to existing Special Investigating Unit and Special Tribunal in terms of section 2(1) of the Special Investigating Units and Special Tribunals Act , 1974 (Act No 74 of 1996).

 

(c) Proclamation No R3, published in Government Gazette No 33722, dated 14 January 2011: Referral of matters to existing Special Investigating Unit and Special Tribunal in terms of section 2(1) of the Special Investigating Units and Special Tribunals Act , 1974 (Act No 74 of 1996).

 

(10) The following papers are referred to the Select Committee on Trade and International Relations:

 

(a)        Bilateral Agreement between the Government of the Republic of South Africa and the Government of the Syrian Arab Republic, tabled in terms of section 231(3) of the Constitution, 1996.

 

(b)        Explanatory Memorandum to the Bilateral Agreement between the Government of the Republic of South Africa and the Government of the Syrian Arab Republic.

 

(c)        Government Notice No 1059, published in Government Gazette No 33760, dated 12 November 2010: Proclamation of the effective date for the National Gambling Exclusions Database in terms of section 87 of the National Gambling Act, 2004 (Act No 7 of 2004).

 

(d)        Government Notice No R1072, published in Government Gazette No 33763, dated 19 November 2010: Amendment of Compulsory Specification for Manually Operated Switches for Appliances (VC 8052) in terms section 13(1)(a) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).

 

(e)        Government Notice No R1073, published in Government Gazette No 33763, dated 19 November 2010: Compulsory Specification for Motor Vehicles of Category N1 in terms of section 13(1)(a) the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).

 

(f)         Government Notice No R1074, published in Government Gazette No 33763, dated 19 November 2010: Proposed amendment of Compulsory Specification for Cord Sets and Cord Extension Sets (VC 8029) in terms of section 13(4) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).

 

(g)        Government Notice No R1075, published in Government Gazette No 33763, dated 19 November 2010: Amendment of Compulsory Specifications for Plugs, Socket‑outlets and Socket-outlet Adaptors (VC 8008) in terms of section 13(1)(a) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).

 

(h)        Government Notice No R1076, published in Government Gazette No 33763, dated 19 November 2010: Compulsory Specification for the Safety of Starters for Tubular Fluorescent Lamps (VC 8039) in terms of section 13(1)(a) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).

 

(i)         Government Notice No R1077, published in Government Gazette No 33763, dated 19 November 2010: Compulsory Specification for Appliance Couplers (VC 8012) in terms of section 13(1)(a) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).

 

(j)         Government Notice No R1078, published in Government Gazette No 33763, dated 19 November 2010: Proposed introduction of a new Compulsory Specification for Personal Protective Equipment-Safety Footwear (VC 9002) in terms of section 13(4) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).

 

(k)        Government Notice No R1079, published in Government Gazette No 33763, dated 19 November 2010: Amendment of Compulsory Specification for the Safety of Flexible Cords for Electrical Appliances (VC 8006) in terms of section 13(1)(a) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).

 

(l)         Government Notice No R1080, published in Government Gazette No 33763, dated 19 November 2010: Compulsory Specification for Motor Vehicles of Category M1 in terms of section 13(1)(a) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).

 

(m)       Government Notice No 1099, published in Government Gazette No 33818, dated 29 November 2010: Proposed consumer protection regulations, published for public comment in terms of section 120(2)(a) of the Consumer Protection Act, 2008 (Act No 68 of 2008).

 

(n)        Government Notice No 1078, published in Government Gazette No 33789, dated 23 November 2010: Draft amendments to the National Gambling Regulations of 2004, published for written comment in terms of section 87 of the National Gambling Act, 2004 (Act No 7 of 2004).

 

(o)        Government Notice No 1171, published in Government Gazette No 33848, dated 6 December 2010: Members appointed to the Securities Regulation Panel in terms of section 440B(6) of the Companies Act, 1973 (Act No 61 of 1973).

 

(p)        Government Notice No 1106, published in Government Gazette No 33857, dated 10 December 2010: Phase 1 of the Draft Financial Sector Charter of the Codes of Good Practice, published for comment in terms of section 9(5) of the Broad‑Based Black Economic Empowerment Act, 2003 (No 53 of 2003).

 

(q)        Government Notice No R1228, published in Government Gazette No 33897, dated 24 December 2010: Correction Notice: Compulsory Specification for Replacement Brake‑Lining Assemblies for Road Vehicles in terms of section 13(1)(A) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).

 

(r)         Government Notice No R1229, published in Government Gazette No 33897, dated 24 December 2010: Amendment: Compulsory Specifications for Compact Fluorescent Lamps (CFLs) (VC9091) in terms of section 13(2)(c) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).

 

(s)        Government Notice No R1230, published in Government Gazette No 33897, dated 24 December 2010: Notice of intention to amend regulations in terms of section 42 of the Trade Metrology Act, 1973 (Act No 77 of 1973).

 

(t)         Government Notice No 1259, published in Government Gazette No 33900, dated 31 December 2010: Notice by the Competition Commission of the rejection of an application for exemption by Grain South Africa in terms of section 10(7) of the Competition Act, 1998 (Act No 89 of 1998).

 

(u)        General Notice No 33 published in Government Gazette No 33942 dated 21 January 2011: Publication of Co-operatives Amendment Bills for public comments.

 

(v)        General Notice No 34 published in Government Gazette No 33943 dated 21 January 2011:  Publication of the Integrated Strategy on the Development and Promotion of Co-operatives for public comment.

 

(11) The following papers are referred to the Select Committee on Finance for consideration and report:

 

(a)        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 the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital Gains, tabled in terms of section 231(2) of the Constitution, 1996.

 

(b)        Explanatory Memorandum to the Protocol Amending the Double Taxation Convention between the Government of the Republic of South Africa and the Government of the United Kingdom of Great Britain and Northern Ireland.

 

(c)        Agreement between the Government of the Republic of South Africa and the Government of the Republic of Kenya for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income, tabled in terms of section 231(2) of the Constitution, 1996.

 

(d)        Explanatory Memorandum to the Double Taxation Agreement between the Government of the Republic of South Africa and the Republic of Kenya.

 

(12) The following papers are referred to the Select Committee on Security and Constitutional Development for consideration and report:

 

(a) Convention on Cybercrime, tabled in terms of section 231(2) of the Constitution, 1996.

 

(b) Additional Protocol to the Convention on Cybercrime, concerning the Criminalisation of Acts of a Racist and Xenophobic Nature committed through Computer Systems, tabled in terms of section 231(2) of the Constitution, 1996.

 

(c) Explanatory Memorandum to the Convention on Cybercrime and the Additional Protocol to the Convention on Cybercrime, concerning the Criminalisation of Acts of a Racist and Xenophobic Nature committed through Computer Systems.

 

(13) The following paper is referred to the Select Committee on Finance for consideration and to the Select Committee on Cooperative Governance and Traditional Affairs:

 

(a) Municipal Budgets for the 2010 Medium‑Term Revenue and Expenditure Framework (MTREF) in terms of section 16 of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).

 

(b) Report to Parliament on the over- and underspending of municipalities as at 30 June 2010 – November 2010.

 

(14)       The following paper is referred to the Select Committee on Appropriations for consideration:

 

(a)        General Report of the Auditor-General on the National Audit Outcomes for 2009-10 [RP1-2011].

 

(15)       The following paper is referred to the Select Committee on Appropriations for consideration and to the Select Committee on Cooperative Governance and Traditional Affairs:

 

(a)        Consolidated General Report of the Auditor-General on the Provincial Audit Outcomes for 2009-10 [RP2-2011].

 

(16) The following paper is referred to the Select Committee on Public Services for consideration:

 

(a)        Proposed amendments to the National Road Traffic Regulations, tabled in terms of section 75(6) of the National Road Traffic Act, 1996 (Act No 93 of 1996).

(17) The following paper is referred to the Select Committee on Cooperative Governance and Traditional Affairs for consideration:

 

(a)        Annual Performance Plan of the Department for Cooperative Governance and Traditional Affairs for 2011-2012.

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1.         The Minister of Finance

 

(a)        Corporate Plan and Budget of the South African Special Risk Insurance Association (SASRIA) for 2011 – 2012.

 

(b)        Corporate Plan of the Public Investment Corporation for 2011/12 – 2013/14.

 

(c)        Group Corporate Plan of the Development Bank of Southern Africa (DBSA) for 2011/12.

 

(d)        Corporate Plan of the Land Bank for 2011/12 – 2013/14.

 

National Council of Provinces

 

1.         The Minister of Justice and Constitutional Development

 

(a)        National Policy Framework on Sexual Offences tabled in terms of section  62(2)(a) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No 32 of 2007).

Referred to the Select Committee on Security and Constitutional Development for consideration.

 

TUESDAY, 19 APRIL 2011

 

ANNOUNCEMENTS

 

National Assembly and National Council of Provinces

 

The Speaker and the Chairperson

 

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

 

(1) Bill passed by National Council of Provinces on 19 April 2011:

 

(a) Local Government Municipal Systems Amendment Bill [B 22B – 2010] (National Assembly – sec 75).

 

National Council of Provinces

 

The Chairperson

 

1. Withdrawal of referral of papers tabled

 

The following entry, published under Referral to Committees of Papers tabled as item (11) on page 1359 in the Announcements, Tablings and Committee Reports (ATC) of 18 April 2011, is withdrawn:

 

(11) The following papers are referred to the Select Committee on Finance for consideration and report:

 

(a)        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 the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital Gains, tabled in terms of section 231(2) of the Constitution, 1996.

 

(b)        Explanatory Memorandum to the Protocol Amending the Double Taxation Convention between the Government of the Republic of South Africa and the Government of the United Kingdom of Great Britain and Northern Ireland.

 

(c)        Agreement between the Government of the Republic of South Africa and the Government of the Republic of Kenya for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income, tabled in terms of section 231(2) of the Constitution, 1996.

 

(d)        Explanatory Memorandum to the Double Taxation Agreement between the Government of the Republic of South Africa and the Republic of Kenya.

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1.         The Minister of Finance

 

(a)        Strategic Plan of the Department of National Treasury for 2011-2014.

 

2.         The Minister of Justice and Constitutional Development

 

(a) Proclamation No R.5 published in Government Gazette No 34000 dated 4 February 2011:  Commencement of section 1 in terms of the Criminal Procedure Amendment Act, 2008 (Act No 65 of 2008): Pietermaritzburg.

 

(b) Proclamation No R.6 published in Government Gazette No 34001 dated 4 February 2011: Referral of matters to existing Special Investigating Unit and Special Tribunal in terms of the Special Investigating Units and Special Tribunals Act , 1974 (Act No 74 of 1996).

 

(c)        Proclamation No R.8 published in Government Gazette No 34031 dated 18 February 2011: Referral of matters to existing Special Investigating Unit and Special Tribunal in terms of the Special Investigating Units and Special Tribunals Act , 1974 (Act No 74 of 1996).

 

(d)        Government Notice No R. 162 published in Government Gazette No 34060 dated 1 March 2011: Amendment of Regulations relating to Debt Collectors, 2003:   Debt Collectors Act, 1998 (Act No 114 of 1998).

 

3.         The Minister of Water and Environmental Affairs

 

(a)        Revised Strategic Plan (Annual Performance Plan) of the Department of Water Affairs for 2011/12 – 2013/14.

 

Correction:        The above entry replaces item 2(a) under Tablings in the name of the Minister of Water and Environmental Affairs in the Announcements, Tablings and Committee Reports of 14 April 2011, on p 1237.

 

COMMITTEE REPORTS

 

National Council of Provinces

 

1.         Report of the Select Committee on Social Services on the Immigration Amendment Bill [B32B – 2010] (National Assembly – sec 75), dated 19 April 2011:

 

The Select Committee on Social Services, having considered the subject of the Immigration Amendment Bill [B32B – 2010] (National Assembly – sec 75), referred to it, reports that it has agreed to the Bill, with proposed amendments as follows:

 

CLAUSE 2

1. On page 3, in line 55, to omit “difinition” and to substitute “definition”.

2. On page 4, in line 10, to omit “the”.

3. On page 4, in line 11, to omit “a”.

4. On page 4, in line 19, after “Republic”, to omit “,”.

CLAUSE 3

 

1. On page 4, in line 36, after “state”, to omit “,”.

 

CLAUSE 4

 

1. On page 4, in line 55, to omit “the” and to substitute “[the] a”.

2. On page 4, in line 55, before “visas”, to omit “the”.

3. On page 4, in line 57, before “port of entry visa”, to insert “a”.

4. On page 4, in line 59, after “port of entry visa”, to insert “, visas, permanent residence permits”.

5. On page 5, in line 2, before “port of entry visa”, to insert “a”.

6. On page 5, in line 6, after “permits,”, to insert “a port of entry visa,”.

7. On page 5, in line 14, before “port of entry visa”, to insert “a”.

8. On page 5, in line 28, before “port of entry”, to insert “a”.

9. On page 5, in line 28, after “port of entry”, to omit “,”.

CLAUSE 7

 

1. On page 6, in line 24, before “a“, to insert “,”.

2. On page 6, in line 25, after “for”, to omit “the”.

3. On page 6, in line 26, to omit “a”.

 

CLAUSE 8

 

1.         On page 7, in line 7, to omit “the”.

 

CLAUSE 11

 

1. On page 8, in line 15, after “invested in”, to insert “,”.

2. On page 8, in line 25, after “employ”, to omit “,”.

3. On page 8, in line 26, after “residents”, to omit “,”.

4. On page 8, in line 26, after “months”, to omit “,”.

 

CLAUSE 13

 

1. On page 9, from line 36 up to and including line 37, to omit “, in consultation with the prescribed departments,”.

2. On page 9, in line 42, to omit “permit” and to substitute “visa”.

3. On page 9, in line 43, to omit “permit” and to substitute “visa”.

 

CLAUSE 17

 

   1.      On page 10, in line 26, to omit “to” and to substitute “and”.

 

CLAUSE 20

 

1. On page 11, in line 33, after “declaration”, to omit “,” and to substitute [,].

 

CLAUSE 21

 

   1.      On page 11, in line 52, after “Republic”, to insert “,”.

  

   2.      On page 12, in line 2, after “Republic”, to insert “,”

  

3.         On page 12, in line 11, after “Republic”, to insert “,”.

 

CLAUSE 24

 

1. On page 13, in line 49, after “Act”, to insert “,”.

2. On page 13, in line 50, to omit “, provided” and to substitute “[, provided]: Provided”.

3. On page 14, in line 22, after “years”, to insert “without the option of a fine”.

4. On page 14, in line 25, after “duties”, to insert “,”.

5. On page 14, in line 32, after “officer”, to insert “,”.

 

CLAUSE 26

1. On page 15, in line 44, to omit “no” and to substitute “an”.

2. On page 15, in line 51, to omit “terms and conditions or terms or conditions” and to substitute ‘“terms and conditions” or “terms or conditions”’.

 

  Report to be considered.

 

2.         Report of the Select Committee on Public Services on Merchant Shipping (Safe Containers Convention) Bill [B 31B-2010] (National Assembly – sec 75), dated 19 April 2011:

 

The Select Committee on Public Services, having considered the subject of the Merchant Shipping (Safe Containers Convention) Bill [B 31B - 2010] (National Assembly – sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports that it has agreed to the Bill.

 

Report to be considered.

 

3.         Report of the Select Committee on Public Services on Sectional Titles Schemes Management Bill [B 20B-2010] (National Assembly – sec 76(1)), dated 19 April 2011:

 

The Select Committee on Public Services, having considered the subject of the Sectional Titles Schemes Management Bill [B 20B-2010] (National Assembly – sec 76(1)), referred to it and classified by the Joint Tagging Mechanism as a section 76(1) Bill, reports the Bill without amendment.

 

Report to be considered.

 

4.         Report of the Select Committee on Public Services on Community Schemes Ombud Service Bill [B 21B-2010] (National Assembly – sec 76(1)), dated 19 April 2011:

 

The Select Committee on Public Services, having considered the subject of the Community Schemes Ombud Service Bill [B 21B-2010] (National Assembly – sec 76(1)), referred to it and classified by the Joint Tagging Mechanism as a section 76(1) Bill, reports the Bill without amendment.

 

   Report to be considered.

  

5. REPORT OF THE SELECT COMMITTEE ON EDUCATION AND RECREATION ON THE BRIEFING BY BASIC EDUCATION DEPARTMENT ON THE INTERVENTION TO THE EASTERN CAPE DEPARTMENT OF EDUCATION: DATED 13 APRIL 2011

 

1.         Background and Overview

1.1        The Select Committee on Education and Recreation having considered the directive of the National Council of Provinces (NCOP) to consider and report on the intervention by the Department of Basic Education in the Eastern Cape Department of Education (ECDOE) reports to the House as follows:

 

2.         Introduction

 

2.1        On 17 March 2011, the Minister for Basic Education tabled a notice of intervention to the Eastern Cape Education Department in terms of Section 100 (1) (b) of the Constitution (Act 108 of 1996) to the National Council of Provinces. Subsequent to that, the notice of intervention was referred to the Select Committee on Education and Recreation for consideration and reporting in accordance with Rule 101. In compliance with the Council referral, the Select Committee had a briefing meeting on 23 March 2011 with the Department of Basic Education to consider the referred notice by the National Council of Provinces.

3.         Intervention to the Eastern Cape Education Department

 

3.1        The Director-General of the Department of Basic Education made a presentation to the Select Committee on Education and Recreation. The presentation focused on the following: background of the intervention; scope and nature of the intervention and progress made since the date of the intervention.

 

3.2        According to the Director- General, the ECDOE has been plagued by many serious problems over the years and the manifestation of severe challenges has been a recurring problem.

 

3.3        The most recent challenges in the Eastern Cape Education Department have manifested themselves in the following areas:

* Over-expenditure of the budget for compensation of employees, because the province failed over a number of years to effectively comply with policies and norms and standards related to Educator Post Provisioning. The problem has placed an enormous strain on the overall budget for education in the province and this has also impacted on the province's overall budget and spending trends;

* Failure to provide textbooks and stationery to section 20 schools in the province due to poor management of the procurement process;

* Sudden suspension of the scholar transport programme due to over-spending. The situation arose due to poor implementation of policy,

* Termination of the School Nutrition Programme (SNP) before the end of the financial year due to non-compliance with policy; poor management of the budget; and poor supply chain management processes,

* Failure to effectively implement the school infrastructure development programme. This has resulted in funding earmarked for school infrastructure being returned to the National Treasury.

 

I. It was noted that the serious problem of educator provisioning has been around for a number of years and, for all of this time, it has had a particularly adverse impact on budgeting and expenditure. In its current manifestation, this problem has plunged the ECDOE into an untenable situation. It was reported that the provincial department does not have the capacity and enabling conditions to mount an effective turnaround of these serious challenges.

 

II. Given the recurring nature of the problems in the ECDOE and based on the findings of various reviews, it is clear that the current high-profile problems are symptoms of serious underlying problems in the department. Any effort to bring about a sustainable turnaround of the department must effectively identify and remediate all of the critical and systemic underlying problems in the department.

 

III. It must be highlighted that there are many positive conditions and achievement for which the ECDOE should receive due recognition. The number of candidates in the 2010 NSC examination who qualified for admission to study for a bachelors degree increased from 13.9% in 2009 to 16% in 2010 - this on top of a 7% improvement in the overall result.

 

IV. It has the second highest percentage for Grade 1 learners who received formal Grade R - at 68%. The province performed better than four other provinces in the 2007 Systemic Evaluation. This confirms that certain parts of the system are working.

 

V. However, it has become clear that the overall conditions in education in the province amount to a serious challenge in terms of compliance with national policy, minimum norms and standards for education service delivery, the obligations arising from the Constitution, the National Education Policy, 1996 (Act No 27 of 1996); the South African Schools Act, 1996 (Act No.84 of 1996) and relevant regulations formulated in terms of these statutes.

 

VI. Following consultations with the Premier of Eastern Cape, Noxolo Kiviet and the MEC for Education, Mandla Makupula, the ruling party, coupled with the Education Ministry’s visit to the Eastern Cape on the 27th January 2011, all parties agreed that an intervention was required to remediate the situation faced by the Eastern Cape Department of Education.

VII. In view of the seriousness of these challenges, the Minister of Basic Education, Ms A Motshekga was obliged, in terms of her statutory obligations to take the steps required to ensure a sustainable turnaround of basic education in the Eastern Cape Province.

 

VIII. In pursuance of the above, the President directed the Minister of Basic Education to table the matter for discussion at the Cabinet meeting of 2 March 2011. The meeting of Cabinet resolved that the Minister of Basic Education would, in terms of Section 100 (1) (b) of The Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), assume responsibility for those obligations that the ECDOE have failed in achieving minimum standards of service delivery.

 

IX. Cabinet directed that Section 100 of the constitution be used in order to provide the required constitutional and legal authority for this intervention. Cabinet was of the view that this intervention should be implemented in the spirit of cooperative governance.

 

4.         Scope and nature of the intervention

Section 100 (1) in Chapter 5 of the Constitution of Republic South Africa provides that:

When a province cannot or does not fulfil an executive obligation in terms of the Constitution or legislation, the national executive may intervene by taking any appropriate steps to ensure fulfilment of that obligation, including–

(a)        issuing a directive to the provincial executive, describing the extent of the failure to fulfil its obligations and stating any steps required to meet its obligations; and

(b)        assuming responsibility for the relevant obligation in that province to the extent necessary to-

(i)         maintain essential national standards or meet established minimum standards for the rendering of a service;

(iv)        prevent that province from taking unreasonable action that is prejudicial to the interests of another province or to the country as a whole.

 

I. The aims of the turnaround strategy are two-fold: firstly to stabilize the education system in the province in the short term and secondly to address decisively the administrative, management and systemic challenges over a longer period.

II. It was reported that the ministry remains convinced that the intervention must result in the creation of long-term capacity in the department and a sustainable turnaround of education service delivery in the province. This should include the creation of positive and sustainable changes at a systemic level to achieve efficiency and stability in the Provincial Department of Education.

 

III. It is therefore expected that the duration of the intervention will last for three to four years with an annual review to assess whether a continuation is necessary based on progress made against clearly defined targets.

 

IV. The key objectives of the intervention, amongst others, is to arrest and deal with immediate challenges in respect of appointments of teachers and allocation of teachers, to implement a credible Learner Performance Improvement Strategy and address underlying causes that impact on the efficiency and efficacy of the department with a particular focus on organisational performance, size and shape of education and also deal with root causes.

 

V. The department would review the financing, budgeting and resourcing of mandates with particular focus on addressing adequacy of funding, credibility of budget and expenditure management.

5.         Progress to date

I. In pursuance of this Cabinet decision, the Minister of Basic Education and the Deputy Minister of Basic Education, accompanied by the Director-General and senior officials of the Department of Basic Education visited the Eastern Cape Province on 2 and 3 March 2011.

 

II. Various meetings were conducted with the Premier, MEC for Education and senior officials of the ECDOE to explain and discuss the implications of the intervention. The delegation also met with other relevant stakeholders in the province to share the same information.

 

III. A media conference was convened by the Minister of Basic Education on 3 March 2011 in which a media statement, jointly prepared with the Premier and MEC, was released. The Premier, the MEC and the Superintendent-General for Education joined the Minister and Deputy Minister in this media conference.

 

IV. The DBE appointed a technical team comprising of senior officials to develop a problem analysis and draft intervention plan. The first draft of this plan was completed on 8 March 2011.

 

V. The Director-General of Basic Education led a seven-person technical team which held a meeting with senior officials of the ECDOE in East London on 10 March 2011.

 

VI. Deliberations at the meeting were very constructive and all senior officials of the ECDOE indicated that their earlier anxieties had been addressed and that they were happy to participate in the intervention.

 

VII. As required in terms of Section 100 (2) of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), a notice regarding this intervention was duly lodged with the NCOP within 14 days of the commencement of the intervention.

 

VIII. The Minister of Basic Education held a meeting with the Minister of Finance and the Minister of Public Service and Administration on the Section 100 intervention in the ECDOE on 14 March 2011. The Minister of Finance and the Minister of Public Service and Administration agreed to actively support the intervention. The director-generals of the respective departments are working together to define the practical contributions of each department to the process.

 

IX. A framework for the intervention is in the final stages of development. This framework draws on the turnaround strategy formulated by the ECDOE senior management team.

 

X. A follow up visit will be conducted on 24 March to finalise the framework and to proceed with implementation.

 

XI. The framework will be used to formulate a protocol that will guide the content, processes, institutional mechanisms and definition of roles and responsibilities. The Minister will provide regular reports to Cabinet on progress.

 

XII. The Eastern Cape Provincial Executive Committee will also receive regular briefings on progress.

 

XIII. The Minister of Basic Education, the Eastern Cape Premier and the MEC for Education in the Eastern Cape Province will jointly exercise political oversight over the process.

 

6.         Recommendations

 

Having interacted with the Department of Basic Education, the Select Committee on Education and Recreation recommends as follows:

 

* The National Council of Provinces approves the intervention as issued by the Department of Basic Education in terms of section 100 (1) (b) of the Constitution.

* The Department of Basic Education to give quarterly reports to the committee on the progress made in the Eastern Cape Education Department.

* The Select Committee on Education and Recreation in collaboration with the standing committee in the provincial Legislature to undertake an oversight visit to Eastern Cape Department of Education once the National Council of Provinces has approved the said intervention.

Report to be considered.

 

 

19 APRIL 2011              Page: 114 of 114

 

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