Hansard: NA: Unrevised hansard
House: National Assembly
Date of Meeting: 27 May 2021
Summary
No summary available.
Minutes
UNREVISED HANSARD
NATIONAL ASSEMBLY
THURSDAY, 27 MAY 2021
Watch video here: PLENARY (VIRTUAL)
PROCEEDINGS OF THE NATIONAL ASSEMBLY
The House met at 14:02.
The House Chairperson took the Chair and requested members to observe a moment of silence for prayer or meditation.
The HOUSE CHAIRPERSON: Hon members, we know that we have to be
careful. In terms of safety, let’s keep our masks on.
LAND AND TITLE DEEDS HANDOVER TO 30 BLACK FARMERS
(Members’ Statement)
Mr H G APRIL (ANC): Chairperson, I rise to make a statement that the ANC is committed in giving ownership of land directly to disposed black people. We are clearly righting the wrongs of the past and returning land to its rightful owners. The official handover of land and title deeds to 30 black farmers in Tafelkop in Groblersdal in
Limpopo province on Saturday 22 May 2021, by President Cyril Ramaphosa is further proof of the commitment.
The handover of the title deeds was part of the government’s Land Redistribution Programme. The farms totalling 189 hectares are worth R25 million. A total of 32 households are supported by this land and farming activities provide employment to 128 permanent workers and up to 320 seasonal workers.
To date, the ANC-led government has redistributed over 5 million hectares of land, totalling around 5 500 farms to more than 300 000 beneficiaries. So far the land restitution process has also benefited over 2 million land claimants and resulted in the transfer of around 2,7 million hectares. Indeed, the dignity and basic humanity is restored to the black farmers of Taffelkop. Thank you.
IRREGULAR MULTI-MILLION-RAND CONTRACT
(Members’ Statement)
Ms S GWARUBE (DA): Chairperson, reports indicating that Mr Mkhize has been embroiled in a multimillion rand contract that was awarded irregularly to his friend has come as little surprise. The Auditor- General has confirmed a number of irregularities with this contract
which is said to have provided the most basic task an astronomical price. Tasks that are squarely the responsibility of the department.
Millions of rands were spent organising interviews and public appearances for Minister Mkhize while millions were also spent on luxury purchases for these squad of friends and their families.
Perhaps what has been more shocking about these revelations is President Ramaphosa’s silence while his Minister of Health is allegedly at the centre of the most agridous covid corruption scandals to date.
President Ramaphosa is only happy to flex his pen to condemn corruption but has little mettle to deal with it when it rears its ugly head within his own Cabinet. The only acceptable action is for Minister Mkhize to step down pending the outcome of the Special Investigating Unit, SIU, investigation. He surely cannot be the player and a referee of his own investigation. It is an absolute shame that the very same person entrusted with the COVID-19 response in the country is said to be the fox of this hallow House.
POST OFFICE SLAMMED OVER PLAN TO CLOSE 130 BRANCHES
(Members’ Statement)
Ms N V MENTE (EFF): House Chair, an announcement by the post office that they are going to close 130 branches around the country should worry all of us. The rapid closure of post offices branches in many townships and rural communities has serious consequences. Post offices have become a side of business activities for many. It is a place to access the internet and receive parcels. You, as government tell young people to apply for internships and jobs by sending their curriculum vitae, CVs, and Z83 forms, - and they rely on the post office only.
Our people depend on the post office as a place to collect their social grants. Now you are closing post office branches contributing to the decline of economic activities in rural areas. We know the ruling party is only interested in neoliberal agenda and their objective is to run everything down and allow the private sector to public assets at close to nothing.
We have said this before as the EFF that to revive the post office, compel all national and provincial government departments, municipalities and state-owned companies to use post office services where practical and the post office should prioritise building internal capacity to first service government. Then we will see spinoffs and revived post office functional network at branches all
over the country. That is the only way we will revive this thing called post office.
Sesotho:
Ereng new dawn more ngwaneng?
ZANDSPRUIT MOB JUSTICE INCIDENT
(Members’ Statement)
Ms N T MKHATSHWA (ANC): House Chair, the ANC strongly condemns the mob justice incident that claimed the lives of six people and injuries to five others at Plot 52 in the Zandspruit informal settlement on Wednesday 19 May 2021. It is reported that about 200 people rounded up suspects who were allegedly robbing people in the area. Nine males were forcefully taken to a sports field and assaulted and later dosed with petrol and set alight.
While we acknowledge the frustration of community members due to high levels of crime, we can never approve vigilante attacks. The public should work together with police and the community police forum to address crime in their areas. People should not take the law in their own hands and being in conflict with law.
The ANC welcomes the meeting of the Minister of Police and Gauteng Community Safety MEC with the Zandspruit leadership structures to discuss some of their concerns around policing. We also welcome the news that arrests were made in connection with this incident. I thank you, House Chairperson.
WHITLEY AWARD FOR SOUTH AFRICAN CONSERVATIONIST
(Members’ Statement)
Mr M HLENGWA (IFP): House Chairperson, the IFP is pleased to see recognise that one of South Africa’s own conversationalists has been recognised with an award for her work in the protection and repopulation of the endangered Southern Ground-hornbill South African conservationist and University of Cape Town(UCT) alum Lucy Kemp has received a prestigious Whitley Award worth over R790 000 to align traditional beliefs with new conservation action that will protect the Southern Ground-hornbill and its habitat.
The Whitley Awards are presented annually to individuals from the Global South by Whitely Fund for Nature, a charity based in the United Kingdom. This year’s awards took place during a virtual celebration on Wednesday, 12 May, following months of rigorous adjudication. Dr Lucy Kemp her team on the Southern Ground-hornbill
project have been working for years to ensure that this important bill remains a part of the landscape.
As the Patron of the Mabula Ground-Hornbill Project Prince Mangosuthu Buthelezi said and I quote:
Since the time of our ancestors, we have held the ground hornbill in high esteem recognising them as avengers of reign We have used their presence as an alarm clock.
The IFP - and I am sure this House, congratulates Dr Kemp on winning this prestigious award. We also thank her and her team on for all their to protect this iconic bird. I thank you.
PROTEST ACTION IN THE NELSON MANDELA METRO
(Members’ Statement)
Mr W W WESSELS (FF Plus): House Chairperson, over the past few weeks we have seen many so called service delivery protests flare up in different places around the country. Such as in Bloemfontein and surrounding areas where economic activity in the Mangaung Metro was brought to a standstill for nearly a week due to violent protests under the guise of “Dissatisfied citizens”.
Also in Maluti-Aphofung, Machabeng and Nelson Mandela Bay Metro violent service delivery protests led to damage to municipal property and private infrastructure. Private property such as trucks and vehicles were set alight that even led to loss of lives.
There must be no illusion that these protests through being perpetrated in the name of poor service delivery is all but that. These protests are the results of the infighting among the factions in the ruling ANC. We know that the easiest and quickest way to destabilise the government is through violence and the ... [Inaudible ...] The ANC has taught us that, and he ANC is using their own tactics on themselves.
The South African Police Service must do more prevent and stop these protests at all cost. Crime intelligence is an unutilised tool and must be used to prevent these actions proactively before they can even go to a point where people cannot go to work, public transport cannot function, children cannot go to school and real service delivery cannot take place because of it ... [Time Expired.]
PASSING OF FORMER AMBASSADOR TO ISRAEL ISMAIL COOVADIA
(Members’ Statement)
Mr F JACOBS (ANC): Chairperson, on Sunday 23 May 2021 the former ambassador to Israel comrade Ismael Coovadia passed on. comrade Coovadia is a long standing member of the ANC and a principled fighter for freedom and justice. He will be remembered for rejecting a gift of 18 piece planted in his honour by the Israeli regime on the basis that the trees were planted on occupied Palestinian land.
South Africans must celebrate the contribution of comrade Ismael made in the fight against apartheid and his role in opposing Israeli occupation on Palestinian lands. And the brutality that the Palestinian are subjected to on daily basis.
We have lost one of our best diplomats at a time when we need the experience and wisdom. In his honour, the ANC reaffirm its unwavering support on the side of the Palestinian people in their struggle to achieve freedom and self-determination. The ANC sends its condolences to the Coovadia family and the broader democratic movement. Thank you.
LOAD SHEDDING HAS MADE ITS RETURN
(Members’ Statement)
Mr K J MILEHAM (DA): House Chairperson, South Africans are being treated like mushrooms. We sit in the dark are fed manure by the likes of Minister Pravin Gordhan, Minister Mantashe and President Cyril Ramaphosa. Their re-assurances that there is light at the end of the load shedding tunnel have been exposed as empty promises. As daily we are informed of new load shedding schedules.
This government has lost all credibility when it comes to ensuring a stable electricity supply as a result of greed and unwarranted nationalistic pride, if only egos shone brightly enough to illuminate the country.
The Risk Mitigation Independent Power Producer Procurement Programme, RIMPPP, has been a total shamble. The programme has been characterised by dodgy dealings, a lack of planning and silo thinking. Ask Eskom if they are happy with this programme and you get a completely different story to what the Department of Mineral Energy is spinning. It has been tainted with allegation of Ministerial and departmental interference and yet, when the DA calls for openness and transparency as required by the Constitution and a comprehensive investigation into the bid adjudication processes it was rejected by the portfolio committee as being outside their mandate.
We call on Parliament to reign in Minister Mantashe in the interests of securing a brighter future and to immediately investigate the RIMPPP to the full extent of its powers. Thank you, Chairperson.
GOVERNMENT’S INTENSIONS TO DISARM VULNERABLE POPULATION
(Members’ Statement)
Rev K R J MESHOE (ACDP): Chairperson, the ACDP rejects government’s intensions to disarm vulnerable population of South Africa who are being terrorised by criminals and gangsters. Former USA President Ronald Reagan once said and I quote:
When dictators come to power the first thing they do is to take
away people’s weapons.
Adolf Hitler is reported to have said and I quote:
To conquer a nation, one must first disarm its citizens.
Adolf Hitler, we know, he confiscated guns before killing over
13 million of his own people, Joseph Stalin confiscated guns also before killing over 20 million people, Mao Zedong confiscated guns
in China in 1949 before killing his own killed 45 million of his own people. And we know that Fidel Castro also disarmed Cubans in 1959
South Africans should become suspicious and ask why government is planning to disarm law abiding citizens. The police are failing to protect us. The ACDP hereby warn South Africans that the only reasons why government would want to disarm them ... [Time Expired]
BY-ELECTIONS RESULT
(Member’s Statement)
Ms B MALULEKE (ANC): House Chairperson, the recent by-elections result show once more that the ANC remains the party of choice for the people. Forty by-elections were held across 25 municipalities in the Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo and Mpumalanga provinces on the 19 May 2021.
HOUSE CHAIRPERSON (Ms M G Boroto): Mama Maluleke, there is a serious echo coming from your side. We can’t hear you clearly.
Ms B MALULEKE (ANC): Okay.
The HOUSE CHAIRPERSON (Ms M G Boroto): If there is ...
Ms B MALULEKE (ANC): Can you hear me now?
The HOUSE CHAIRPERSON (Ms M G Boroto): There is also something behind
you. Proceed, let’s hear. It seems there are two gadgets
Ms B MALULEKE (ANC): The ANC ...
The HOUSE CHAIRPERSON (Ms M G Boroto): Hon Papo? Hon Maluleke, we hardly can hear you. Can you allow somebody in the House to proceed with your motion?
Ms B MALULEKE (ANC): Thank you, Chairperson.
The HOUSE CHAIRPERSON (Ms M G Boroto): Thank you, mama. Hon Papo, please proceed.
BY-ELECTIONS RESULT
(Member’s Statement)
Mr A H M PAPO (ANC): The recent by-elections results show once more that the ANC remains the party of choice for the people. Forty by- elections were held across 25 municipalities in the Eastern Cape, Free
State, Gauteng, KwaZulu-Natal, Limpopo and Mpumalanga provinces on 19 May 2021.
The ANC retained 27 wards, lost one ward and won 3 new wards. Overall, the ANC won 51,9% of the votes compared to 16,37 % and 10,47% by the DA and the EFF respectively.
The support for the ANC by the people demonstrates the faith they continue to have in the policies and principles of the organisation. We humbly thank the people for going out and demonstrating, via their vote, the confidence they continue to have in the ANC and we assure them that we stand ready to continuing serving them. [Applause.]
MURDERS IN CAPE FLATS, MITCHELLS PLAIN, KHAYELITSHA AND DEFT
(Member’s Statement)
Mr S N AUGUST(GOOD): Hon Chairperson, on behalf of good I would like to highlight the recent murders that took place in the Cape Flats, including Mitchells Plain, Khayelitsha and Deft. Nine people were fatally shot in Khayelitsha, three people murdered in Deft and a 16- year-old boy was shot in Mitchells Plain just even this week
The selfless killing of people is common on the Cape Flats and was yet debated without any reservation effective crime plan. The Department of Police has not been effective in the safety and protection for its citizens nor any possibilities that can lead to any arrest. We therefore, call on SAPS to urgently review its gang intervention in Mitchells Plain.
We further asked that SAPS looked to the detective unit frontline police and women so that investigation lead to arrest. People are tired of living in fear and is time SAPS mandate to protect the citizens this country. Thank you.
COVID-19 VACCINATION ROLLED OUT
(Member’s Statement)
Mr F JACOBS (ANC): House Chairperson, the ANC welcomes Phase 2 of the Covid-19 vaccination which was rolled out from Monday 17th May 2021. Government has set a target of vaccinating an estimated 5,5 million South Africans over the age of 60.
Last week, the Electronic Vaccination Data System sent out the country’s first text messages for Covid-19 vaccination appointments. Most of the teething problems which included receiving text messages
of notifications on short notice, recording of vaccinations manually because of load shedding and glitches in the system which resulted in some being turned away after notification have been addressed. Important points to note during this vaccination phase include: allocation of vaccination site closest to the person to be vaccinated, the number of vaccination sites available in an area will determine the length of time one will receive an SMS for appointment after registration, one will not be able to register on the EVDS if one is not a health worker or 60 years and older, the number of times one registers does not determine how soon one will receive an appointment, if one misses an appointment, the EVDS will automatically reschedule a new appointment and send out an SMS with a date and if one does not have any form of identification, the Health Department is currently working on a system to address that issue to allow those affected to be vaccinated.
We are confident that as more vaccination sites are identified, the process will unfold smoothly. We urge all South African citizens to abide by the processes. Thank you, Chair.
FIREARM CONTROL AMENDMENT BILL
(Member’s Statement)
Mr M J CUTHBERT (DA): House Chairperson, on Friday night last week under the cover of darkness, the Civilian Secretariat for Police gazetted the Firearms Control Amendment Bill for public comment.
This Bill makes several proposals which the DA believe unreasonable and irrational including the problematic to the removal of self- defence as a reason to possess a firearm.
The Minister of Police who was surrounded by heavily armed and highly trained VIP protection officers wants to take the last line of defence away from millions of responsible laws abiding South Africans. SAPS failure to adequately managed the CFR legislation for no reason to release guns as a blanket solution to problem which is of their own making.
Every year SAPS lost hundreds of their own firearms which end up in the hands of violent criminals. SAPS failed to do proper background checks and in many instances even fails to respect safe of firearm owners to show basic compliance.
In the last quote statistics there were almost 5 000 in South Africa. We are one of the most violence society in the world and SAPS by its own admissions is failing to fulfil its own Constitution mandate. South African citizens have the right to life and the right
to self-defence. The DA will not allow the government to take away the most effective tool to preserve their rights. I thank you.
REMOVAL FOR THE MINISTER OF HEALTH
(member’s Statement)
Dr S S THEMBEKWAYO (EFF): Chairperson, over the past few months the EFF has consistently called for Minister Zweli Mkhize to step down and to be removed from office by President Cyril Ramaphosa over his failure as a Minister of Health and the emerging alleged corruption scandals surrounding his name.
The Auditor-General’s audit report highlight the devastating corruption but as it happens under his watch even after being prompted numerous times by the Portfolio Committee on Health to intervene and failures to do so take accountability for the unfolding Covid-19 pandemic heist than by the ANC government in provinces and in the National Department of Health.
Sadly, he had that army of protectors masquerading as Members of Parliament in the Portfolio Committee on Health that will abuse anyone who spoke out against the corruption, lies and empty promises since this pandemic begin where instead of the Minister being held
accountable for the R400 million PE cash heist. EFF MPs were thrown out of visual sittings in the interest of protecting a man who oversaw billions being squandered on bicycle inflated and in substandard PPE and now recently, the revelations of R150 million cash heist done through Digital Vibes while people are dying. We call on President Cyril Ramaphosa to please safe South Africa by removing a Minister of Health who ... through the primary healthcare.
NEW PILOT SYSTEM FOR DISABILITY GRANT APPLICANTS
(Member’s Statement)
Ms J MANGANYE (ANC): The ANC welcomes the new pilot system to improve
service delivery to disability grant applicants recently launched in
Cape Town by SA Social Security Agency, Sassa. Visiting the Sassa offices multiple times and waiting in long queues to apply for a
disability grant will soon be a thing of the past. This new online system will enable applicants to book their medical assessment from
the comfort of their own home.
The system will be piloted regionally before being rolled out nationally. The online booking system forms part of Sassa’s strategy to improve its services through the efficient use of digital
technology. It will also cut down services through the efficiency use of this digital and the amount of time the application process takes and will ensure cost significance. The online booking system will
significantly reduce the number of visits to the Sassa contact points. It will also enable them to book a date and time for their medical
assessment. Once they have ... Thank you, Chair.
DISASTER IN OR DISTRICT
(Member’s Statement)
Mr L M NTSHAYISA (AIC): Hon Chairperson, the people of Ntsangani area in Mthatha in the King Sabata Dalindyebo are crying foul. The disaster that befell them two years ago has not been attended to. More than 100 houses were blown away by the wind and totally destroyed. This was reported to the OR Tambo District, the MEC Glenlivet but nothing has happened so far
The affected people are still staying with relatives and friends who are lucky enough not to be affected by this disaster. They also affected rather assisted by there by communities.
Hon Chairperson, the council that has been there for almost 15 years is doing nothing to assist these people. He is always saying it is
the competence of the district but now done nothing to assist them. This council does not even have meeting with the people but he is leading.
The OR Tambo District officials came once and promised to come back to remedy the situation. Nothing has happened so far and these promises forfeit. There are no access roads, no water and no electricity.
We are therefore calling the Minister to intervene because those they have reported to them are doing nothing to assist these people. Thank you very much.
HARRASMENT OF PITSO MOSIMANE BY SUNDOWNS FANS
(Member’s Statement)
Ms B P MBINQO-GIGABA (ANC): The ANC condemns the treatment meted out to Al Ahly coach and former Mamelodi Sundowns coach, Pitso Mosimane, by some unruly Mamelodi Sundowns fans. A section of the Pretoria based club were seen blocking the bus and insulting the former Mamelodi Sundowns coach Pitso Mosimane as his team bus was making its way into Lucas Moripe Stadium on Saturday 22 May 2021. Sundowns
hosted Egypt’s Al Ahly in a tension-riddled CAF Champions League second leg quarterfinal match.
This kind of treatment was uncalled for and should never be tolerated. This is an embarrassment to our country which is well respected in
Africa. It also reflects badly on the image of football in the country.
We welcome the commitment by Mamelodi Sundowns to begin a dialogue with Egyptian powerhouses Al Ahly in a bid to ease the tension between
two clubs. Those responsible for this delinquent action should be identified and brought to book. [Applause.]
PRESENTED PRESTIGIOUS WHITNEY AWARD TO UCT ALUM LUCY KEMP
(Minister’s Response)
The MINISTER OF ENVIRONMENT, FORESTRY & FISHERIES: House Chair, I
would want to thank hon Hlengwa very much for highlighting the prestigious Whitney Award that was given to Lucy Kemp to support her significant conservation efforts with regard to the Ground-hornbill.
She has been described by Sir David Attenborough as a local environmental heroin and from the perspective of our department, Lorain potent work will help to improve the breeding success of the Ground-hornbills outside of protected areas. It will institute a
nationwide monitoring process including citizens centres to rural contribute.
And lastly, and perhaps of major importance is the Swahill document in indigenous language which we can use for further conser ...
The HOUSE CHAIRPERSON (Ms M G Boroto): Are you still available, Minister?
The MINISTER OF ENVIRONMENT, FORESTRY & FISHERIES: I am finished,
House Chair.
TAFELKOP LAND REDISTRIBUTION CLAIM
(Minister’s Response)
The MINISTER OF PUBLIC WORKS & INFRASTRUCTURE: Thank you, hon Chair
and good afternoon to all the members. Thank you for recognising the member from the ANC the Tafelkop land redistribution claim that we have settled on Saturday.
Hon house Chair, it was a joy to share the joy with the farmers in Tafelkop. They have been waiting for long time and I want to thank them for patience.
The President and members of the Inter-Ministerial Committee were also there to show the joy with them. The history, hon Chair, of these farms is that after the Second World War, the then government as a reward to white soldiers gave all of them farms while all people of coloured whom were in the war only received bicycles.
So, once they abandoned the land, the Tafelkop farmers started farming. Today they are very successful. They now have the title deeds, they now entered into partnerships with investors and grow the land.
Hon House Chair, we all need to work much harder to speed up land reform. But we need to appeal to all the provincial governments and to all the municipalities who are sitting on well-located land that they are not releasing, including land owned by state and entities.
If we can put all of these land together it will assist us to speed up land reform. The last land order that was done on agricultural land, hon House Chair, shows that 72% of agricultural land is in the hands of white, 15% in the hands of coloureds, 5% of land in the hands of Indians and only 4% to black farmers.
So, there is a lot of work to be done and we must all work together to speed up land reform in our country. Thank you very much.
STATEMENT ON THE VACCINATION PROGRAMME
(Minister’s Response)
The DEPUTY MINISTER OF HEALTH: Thank you, Chair. My network is a bit weak. I will just respond without the camera. I want to thank the hon Jacobs for his statement on the vaccination programme. I want to assure the hon members and the public at large that indeed the programme on vaccination is being rolled out all over the country in all nine provinces.
Currently, we are focusing on the vulnerable groups, the over 60 as focus group currently. We urge everybody who qualifies who is over
60 years to register. Very soon we will move on to various sectors, especially essential workers, teachers, police officers and other workers even in the private sector who deal with the public. All provinces are also having outreach programmes through which those who do not have gadgets and data to register are also registered. Those who have gadgets there are system through which you don’t need data to also registered.
We want to assure, hon members, and the public that we do have enough stock of vaccines and that all the people who qualified will be vaccinated and even if you have registered and you have not
received a message and appointment please go to the vaccination site.
And lastly, I want to urge all hon members to use your constituency offices to reach out to make sure that all our vulnerable people are registered and when we move to the next category we will meet especially during recess. Thank you very much, hon Chair.
SERVICE DELIVERY PROTEST By-ELECTION RESULT
(Minister’s Response)
The DEPUTY MINISTER OF CO-OPERATIVE GOVERNANCE AND TRADITIONAL
AFFAIRS: Chairperson and hon members, let me respond to three questions that were raised that relate to the Co-operative Governance and Traditional Affairs, Cogta. This was from the Freedom Front Plus around the service delivery protests that are currently taking place around certain municipalities mentioned and others. We do ... [Inaudible.] ... nature of the protests and the violence that accompanies the protests. While ... [Inaudible] ... as long as it is peaceful. No damage to property should be allowed. No threatening of lives ... [Inaudible] ... We also pay our condolences to ...
[Inaudible.] We hope therefore that South Africans can ... [Inaudible.] ... [Interjections.]
Sepedi:
MODULASETULO WA NTLO (Moh M G Boroto): Ntate Bapela, tswharelo. O a kgaoga. Ga ke tsebe gore mo gongwe ge o ka tima bideo go ka ba kaone na?
MOTLATŠATONA WA KGORO YA PUŠO YA TIRIŠANO LE MERERO YA MAGOŠI:
Go lokile. E re ke dire bjalo.
English:
We condemn the violence nature that took place in the protest and call all South Africans, the right to protest is yours, don’t use violence because property get damaged and also life get lost and yesterday a driver lost his life in the other area. Condolences to the families
We just call to all our people really to respect the law. However, it is not correct to say that this is as a result of the ANC factions. There are so many issues that are contributing to the lack of service delivery across the country in the municipality areas, the old infrastructure and the lack of replacement to have a new infrastructure.
The growing and migrating people who migrate into the cities and the towns in big numbers were they just settled everywhere and hence the access of services is not competing with the movement of the people to that particular areas. And also the finding formula of local government is still under debate for it to be reviewed and we hope therefore that is a matter the whole of us should then respond to.
And others will be the issues of skills that are not attractive to go and work in the smaller municipalities and as a result the technical skills in certain municipalities have collapsed. This are the factors that are real factors that we really had to look at and that government is really beginning to work on plan that will ensure therefore that those struggling municipalities and were able to improve delivery.
The second one is the statement by the ANC for congratulating the ANC for winning the majority of the by-elections and winning three wards for the ANC.
I also want to echo the people of South Africa for voting the ANC and continuing to do so to help those struggling municipalities and we are able to improve service delivery.
The second one is the statement by the ANC congratulating the ANC for winning the majority of the by-elections and winning three new wards to the ANC. I also want to echo the people of South Africa for voting the ANC and continuing to do so. And your vote will not be taken for granted. Your love for the ANC will always be admired and we will continue to serve you with pride, with humanity, with respect, with humbleness and therefore continue to vote for ANC. The
...
The HOUSE CHAIRPERSON (Ms M G Boroto): Hon Deputy Minister, you only have three minutes to respond. I actually added due to the disruptions that happened earlier. Thank you very much.
The DEPUTY MINISTER OF CO-OPERATIVE GOVERNANCE AND TRADITIONAL
AFFAIRS (Responsible for Traditional Affairs Mr K O Bapela): There were three questions but obvious the other one will be taken forward to follow up in the Umtata area ... Thank you.
The DEPUTY MINISTER IN THE PRESIDENCY FOR WOMEN, YOUTH AND PERSONS
WITH DISABILITIES: Hon Chairperson, I would like to thank hon Manganyi for raising the issue of the treatment of persons with disabilities with respect to dignity whereby the department has ensured that they could review their application online. It is really in line with our principle of inclusive designed from the
beginning that whenever we plan we should ensure that the rights of persons with disabilities are taken into consideration. They are accommodated and we don’t think about them as an afterthought.
Whenever we implement the programme we make sure that we have them in mind so that they benefit fully without any form of marginalisation. Thanks you, hon members.
DEBATE IN TERMS OF RULE 130: BULLYING AMONGST LEARNERS IN SCHOOLS –
(URGENT MATTER OF NATIONAL PUBLIC IMPORTANCE (N J ADOONS)
Ms B P MBINQO-GIGABA: Chairperson, afternoon to all members in the House and on virtual platform. On Monday, 12 April 2021, a dark clouded descended on our beloved nation when one of our learners, Lufuno Mavhunga took her life because of the humiliation she endured after being assaulted with the laughter of her school mates. Her death remains a stuck remainder and a reflection of the social ills which confront our society. Many learners in our schools experience such humiliation and bullying. This humiliation was expounded by the viral distribution of the incidents in social media platform. As much as social media platforms create ease of sharing information, in this regard they serve as one of the factors that contributed in denigrating her dignity,
Broadly, in society bullying is a prevalent issue an d cyber bullying is a prominent feature due to the fact that many South Africans use social media platforms to socialise and economic reasons. As a nation we need to ask ourselves critical questions on the use of social media platforms whilst protecting the human rights for all. Parents and guidance should also ask themselves a question themselves the role they can play in order to protect their children and raise them to be aware of such risk. The danger of bullying is that at times when our children are bullied they hardly report the issues in their schools or their gurdians. This bear a critical responsibility for parenting.
Hon Chair, there are various factors which contribute in our schools aand society. One of the critical factors which shape the character and behaviour of children is a family unit. As a nation it is paramount that we begin to engage about the state of the family unit in our country. The family is an important social institution as a component of our society. Our society has high percentage of children who are raised in a single parent household.
The Sonke Gender Justice and Human Sciences Research Coincil report on the state of South African fathers. it shows that black had the largest percentage of absent fathers at 40% and 7% had a nonresident involved father, 27% live with both parents and 45% live with their
biological mothers only. These statistics depicts the state of our family compositions.
Another troubling fact in the report is the racial composition of this situation. It depicts economic ownership, employment and other dimensions of how our socioeconomic issues have been based to our history of apartheid and colonialism. One of the important things we should recognise about children is that their cognitive development, their knowledge and conscienceless is shaped by the environment they are exposed to. Children observe social interaction in society and they spend most of their time with their families. In schools they are with the friends they play with. If a child is exposed to violence and particular acts that are not desirable these acts influences children and their conducts.
Bullying is a global phenomenon that has a potential of impacting children both physically and psychologically. Bullying generates the wellbeing, the health, the academic performance of learners and is associated with serious long-term implications for our lives. It is a high cost for society. Bullying contributes to some learners dropping out at schools. This shows the psychological Impact of such conduct.
Institution cultures and practices in schools should not be discriminative and abusive. Our principals should strengthen their capabilities to develop school institutional cultures which promote discipline, respect values of ubuntu and other life skills our children need. Learners must not be able to resort to suicide under different purges. Our learners, and youth in general, should have confidence in their teachers, their principals and any other relevant authority to protect and resolve any issue which can negatively impact them. Many learners and students give up on their dreams and ambitions due to bullying and abuse which derail their focus and confidence in confronting the various aspiration.
That is why thje ANC has noted that our critical responsibility is to transform society and to prioritise the rights of children.
Another social issue affecting our society is gender-based violence and femicide and incidents of rape and sexual harassment in our school and society. The second pandemic of gender-basedviolence and femicide, GBVF, is another scourge which requires the whole of society to take responsibility of responding to this act. We need to transform our society and change how boys and men view women and the girl-child. The abuse experienced by women and the girl-child in public transport, in school, in workplace, in religious institutions
and broadly in society has to change. Sexualising women is an act to undermine women amd their worth.
Recently, in our schools, numerous reports have emerged in Ivory Park in Gauteng and Mbilwi in Limpopo where the teachers have been arrested for rape. Another recent incident is one of a learner in Scotsville High School in Kraaifontein who was a top student in school committed suicide which is reported to be influenced by economic difficulties facing the family. Learners require support from their families and guidance. The fact that parents have to be in workplace with others in work environment which are demanding.
We call on this debate as a matter of national importance as the ANC because this requires the Parliament of people to discuss pertinent issues affecting our children. This is not a matter for a narrow political rhetoric and should not be used to score political points. It requires this House to grapple with these social ills in order to bring about additional measures to address these problems.
The future of this nation will be secure when all political parties in this House, with the people of South Africa, focus on these issues in our areas of influence to create a safe environment for our children, for our youth and all people of South Africa. This requires us to transform patriarchal and discriminatory conducts. We
should all create a better future for our children and the coming generation. As the ANC we reaffirm our commitment to endeavour a social transformation programme that prioritises the rights of children. The Bill of Rights and our Constitution is a tool to enable lour people to protect themselves and to change the living conditions. Thank you very much, Chair.
Ms B S MASANGO: Chairperson, as the list of barriers to education and social ills increases rapidly due to a number of challenges, including Covid-19, bullying has shot right to the top of the list with GBV and substance abuse. When children find an outlet at school where they feel they have physical power over their younger peers, bullying rears its ugly head.
As these situations escalate, some families, schools and communities are sadly and devastatingly claiming top spots in headlines for fatal bullying incidents. These are young lives being untimely snuffed out, cutting their futures short, leaving a trail of anguish and hopelessness in their wake.
Let us dwell for a moment on Lufuno Mavhunga’s tragic and untimely death. How could her parents, peers, educators and community have helped to save her life? Lufuno’s death remains a stark reminder of the guilt her and many other families feel, for not having prevented
a tragic death. Chairperson, WE have to do somethings. Society HAS to do something if we want to win this war, a war being waged against our children – often by other children.
Bullying comes in many forms, the most insidious being physical and cyber bullying. As custodians of the well-being of our children, we need to be on full alert. Advances in technology and the rise of cyber-bullying have meant that this scourge has transcended school classrooms and sports grounds, sweeping through our homes unchecked. Under our watch. We need to stop it in its tracks or live with the knowledge that we have blood on our hands.
South Africa’s bullying statistics are terrifying. According to the NGO Safer Schools indicators, a staggering 3.2 million young South Africans are bullied every year. This horrific phenomenon spells a staggeringly grave danger for the already declining and deteriorating educational standards that are prevalent in this country.
Studies conducted by the Centre for Justice and Crime Prevention affirms that bullying is nothing more than abuse in its most primal form.
If there was ever a time when all South Africans should work together, united in a common cause, it is now. We need to eradicate bullying before it wreaks further havoc on our vulnerable children.
Regrettably, bullying not only affects children. Everyone in society is affected. It is a multi-faceted epidemic, and we need to work together if a dent in addressing this is to be made. While school communities should shoulder some responsibility in working to prevent, monitor and address bullying in schools, partnerships among parents, guardians and caregivers, law enforcement agencies and NGOs in the sector MUST ensure that no young person falls through the safety net or is left behind.
The Department of Basic Education appears to be working towards combatting bullying in schools, but there needs to be a greater collaboration among all sectors of society. In a country where 160 000 high school learners bunk school every school day, it is no wonder our education outcomes are less than satisfactory. Many of these incidents of bunking could lead to drop-outs which predetermine their social and economic prospects later in their lives. But the causes need investigation.
This calls for every one of us to encourage learners to break the silence on bullying, support our children and take the sting of
secrecy out of the equation, expose the perpetrators, and stop them in their tracks. Open the lines of communication wherever young people are. We cannot nurture a generation of bullies as they will soon become adults who bully their peers.
Believe your child and strip away the embarrassment of bullying. Speak out. Show support. Listen and believe. That is the only way we will break the cycle of bullying and abuse. No matter where you are: listen when someone says they are being bullied. You could be saving a life. Thank you, Chairperson.
Dr S S THEMBEKWAYO: House Chairperson, the idea of children bullying each other must be located squarely within a generally violent society, particularly violence perpetrated by men and women and children at the receiving end of this violence.
The South African schooling culture has a long & intimate history of violence and normalisation of violence as a mantle of respect: people who beat up others are celebrated, admired. Therefore, kids have to learn how to fight, be feared, and resolve all disputes through violence.
We know from SA Police Service data that 779 of the 21 325 murders recorded by police in South Africa between April 2019 and March 2020
were committed by children between the ages of 10 and 17. The same thing will occur when you look at other social ills like assault, including sexual assault.
Our juvenile penitentiaries are also overcrowded with kids who have committed crimes, some of which are as horrible as they come. This point to a general problem of South African society which fundamentally renders life, particularly, black lives as disposable due to the humiliating socio-economic conditions that prevail. Why would there be a positive life respecting, life loving and life celebrating culture when we already live as if we are dead?
There is a lot of violence within the school-going population: Children killing children! Even children are attacking teachers in school premises and outside school, and teachers are also attacking children. The phenomenon once portrayed by Yizo Yizo, of child gangsters, haunts many communities even in deep rural areas like Centani, Vhembe, Soshanguve and many other communities.
As we are speaking now, we have received a very sensitive case of bullying of a learner at Rethomile Junior Secondary School in Soshanguve by a teacher. The principal is aware of the matter as it was reported because the learner attempted to commit suicide. But the teacher remains at school.
This is but just one case of many endless cases that are common, far too common, and so far, there is no believable or practical plan by the government to respond to this phenomenon. In the same way, there is no plan to respond to widespread violence we see at places of work, we see at institutions of higher learning, we see on our roads and everywhere else in this country.
The immediate solution to deal with bullying amongst learners is a massive development of sports and different sporting codes in schools and communities. Young people must study and play a lot of sports.
It is unfortunate that the ruling party has allowed sports facilities in schools that had to dilapidate without maintenance plan and have failed to build sports facilities for schools that did not have any. Each school must have a minimum of at least two physical education trainers.
We must ensure that each school has two grass fields, two pitches and also a swimming pool. Investment in this kind of infrastructure is necessary not only for sports but to keep learners occupied with extra sports activities. We must prioritise school sports.
Equally, there must be a dedicated social program to remove drugs and alcohol in schools and discourage them as a youth culture. The failure to remove all shebeens that are located near schools and sometimes right opposite schools has contributed to the culture of drugs and alcohol. The failure to deal decisively with drugs in our communities allowed this to spill over to schools, and now teachers are dealing with things they are not trained to deal with, including violence as a result of drugs and alcohol.
We must uproot the general culture of assault to earn respect. Simply arresting and taking to prison will not resolve it.
We must make it through the roots: Change the social and living conditions that make black lives dispensable, especially to blacks themselves. It starts with access to land, decent jobs and income for families. It starts with eradicating poverty and inequality.
These are not separate and exclusive matters. They are interconnected and form the roots. They generate this violent society we see today. Let growing up be an experience filled with quality education, sports and arts. We owe this to our children, and solutions start somewhere else and not at school and not with children but adults. The EFF rejects this Budget Vote. I thank you.
Mr M N NXUMALO: The IFP has long been a proponent of a stronger stunts against bullying in our schools. Places that were established for nurturing young minds, cannot double up as abusive environment, much less from fellow learners. Schools are spaces where all learners should feel safe and where they can be sure that they will be respected by their peers. Hon Chair, there is no way that unsafe schools are conducive for successful learning.
A new Microsoft study has said that an amount of four out of ten teenagers out of 32 countries and our country South Africa involved, has been reported to be involved in bullying incidents. About 40% of teenagers in the same country are saying they have been involved in bullying as the target of the bullying itself, someone who displayed bullying behaviour or as a bystander.
When we look at this rise in reported incidents of across the country, these statistics are not shocking. However, what is important is that, we had to wait until the proliferation of reported images for us to sit up and acknowledge the severity of this problem. In March this year 2021, the IFP welcome the three- month prison sentence given to a Zululand pupil accused of bullying for failing to appear in court.
The threat of criminal sanction and a permanent criminal record, must serve as a wakeup call to the other pupils. One incident can change their entire lives, but can also change the lives of those who are being bullied. In the same breath, the IFP recognises that bullies are a product of their communities, and that without a collective effort we cannot eradicate the problem from our schools.
The IFP reaffirms its stunts that the KwaZulu-Natal MEC of Education Kwazi Mshengu, must launch anti bullying campaign designed to combat victimisation in schools. It is envisaged that, the campaign will create among other things an enabling environment for learners to feel safe at school, and at the same time create a culture of learning between learners, teachers and the community.
Further, the IFP calls for similar campaigns to be launched and sustained across the country, so that the spirit of Ubuntu can prevail among our youth. Hon Chair and hon members, the IFP believes that the eradication of bullying in our schools is our collective responsibility, from the school staff, the department representatives, the parents and the community members. We hope to see a change in school culture as we address the problem head-on.
Thank you very much hon Chair.
Dr W J BOSHOFF: Honourable House Chair, some negative social phenomena are so pervasive, that one tends to become blunted to the phenomenon itself, as well as its effects. Until something happens, which strikes us between the eyes and forces us to speak out.
Unfortunately, this is often followed by something equally or even more shocking, causing words to remain only words. Such an example is the death by her own hand, of Lefuno Mavhunga, under circumstances which other honourable members have already described.
The word bullying itself, has a very down to earth origin. Anyone familiar with cattle will have observed how a bull, especially a young one, will start pushing around other cattle out of sheer boredom. It is not something about the other cattle causing the bull to act like this, it is something within the bull or bully. The victim may be ridiculed for being short, tall, skinny, fat, having funny ears, born out of wedlock, wearing glasses, walking in a funny way, or really any attribute. However, the real reason is some insecurity within the bully; he or she expects to feel better if someone else is hurt.
Therefore, the bully identifies a victim who seems vulnerable and without a protector. Bullying may be only emotional, or it may become physical, even lethal. Not all competition where there is a winner and a loser should be seen as bullying. It is a natural part
of the socialising process that some kids will challenge others, or that acceptable conduct is also taught, even enforced by members of one’s peer group. If the perpetrator is bent on hurting or demeaning the victim; and if the victim is or feels helpless, it becomes bullying. In consequence the bullied may become the bully.
A major problem is that bullying seems not to abate; rather the opposite. This is unexpected, as public norm setting has for several decades, revolved around the notion of human rights. Not only is it the foundation of the SA Constitution of 1996, - it is not the foundation, it has been the guiding star in the formulation of subsequent legislation. Posters and text books cry it out, everyone has rights which should be respected by everyone else. So, why isn’t bullying dying out?
Part of the reason lies within the human nature. Humans function in social groups, which tend to stratify. This is not always a smooth and rational process; sometimes it is harsh and cruel. Therefore, most cultures devise ways to manage this stratification, especially among young ones. Adults, or more senior peers, are often appointed to facilitate the process They are also endowed with the authority to guide the process and punish individuals who don’t play according to the rules.
A striking feature of the human rights culture is that the authority which these actors used to have, has significantly been reduced, and a vacuum in authority, like all vacuums, tend to be filled. Who fills the vacuum? Actors in the social group who cannot be penalised for breaking the rules according to the human rights culture. In plain language, teachers lose the authority to enforce discipline at schools, which means that bullies usurp that authority and exercise it without the necessary knowledge or comprehension of consequences. If the deconstruction of traditional value systems and the stripping of traditional figures of authority leads to the emergence of infantile, self-appointed enforcers of authority, in other words bullies, it will be the peak of irony. I thank you.
Ms N Q MVANA: Thank you, hon Chairperson. We converge today to debate on the protection of children’s rights and the right to dignity, whilst a 50-year-old educator is alleged in assaulting rape of a 15-year-old leaner and is appearing to court today. The society has to pause, reflect at the state and level of violence and bullying at our schools. The Constitution of South Africa, the Children’s Act 38 of 2005, by international and regional treaties to protect children.
Hon Chairperson, former President Tata Mandela characterised our
responsibility to children when he said that “the true character of
society is revealed in how it treats its children.” The Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child are central to the protection of children’s rights and their right to dignity. To preserve and protect the sacredness of these rights we must ensure that we apply the principles of Non-discrimination, the best interests of the child, the right to life, survival and development and respect for the views of the child. In the context of the debate, parents, schools, and communities are responsible for protecting children from the dangers of bullying. Schools have the responsibility to ensure that bullying is not tolerated as part of the educational environment.
Parents and the community have the responsibility for educating and reinforcing the significance of respect for others. State institutions, as a human rights imperative and as part of their international responsibilities must protect children. As the ANC, we will continue to ensure the effective protection of the child, including the Right to Education.
We must ensure that the comprehensive strategy for the co-ordination and monitoring led by the Department of Social Development is resourced to enable effective protection of children. As the custodian of the Children’s Act, the Department of Social Development has the responsibility to ensure that a rights-based approach underpins the way society responds to children. The Act is
a significant instrument for the realisation of children’s constitutional rights to care and protection including protecting their dignity. The Act also protects children from maltreatment, abuse and degradation, and to the promotion of the best interests of the child.
We have to be a society that is proactive in protecting the rights and dignity of our children. This means that we must create more enabling environments that provide safe spaces for children to fully express themselves. This will be a learning and an unlearning process. It should be a process that educates them comprehensively about their rights and what this means for self-respect and the respect of others. We have to develop a long-term plan to grow the cyber safety culture not only in schools, but also in home, communities and across the nation. The reality is that our children, unlike our generation, are growing up in a society which has rapidly changes with numerous technological developments. Children below 6 years today can use cell phones and access the internet exposing them to various content. The flow of information in the digital world results to exposing children and the youth to various content such as violence, sexual content, educational content and other information which can either positively or negatively impact our children.
This requires cyber-safety and parental guidance. Cyber- safety is not only about safety, but also about educating children and the youth about the dangers of not using the platform positively. We must also educate them about the emotional and mental effects of not using the internet and the social media platforms correctly. We have to be deliberate in the values that we instil in our children as they grow up. The Constitution of the Republic of South Africa outlines the shared values we should all expose them to. Hon members, I cannot stress enough the importance of emotional and mental health. It is central that we instil this importance in our children. That is why this government has ensured that through the Department of Social Development psychosocial services are provided to those that are in need of them. Psychosocial services need to be expanded in order to enable support children and the youth from various mental health issues.
In conclusion, children are our greatest treasure. They are our future. We must do everything in our ability to ensure that we protect and preserve this future, by inculcating a culture of respect and dignity and protect these rights. We pledge as ANC our support in addressing this problem. Stop bullying at school. Thank you, Chairperson.
Mr S N SWART: Thank you, House Chairperson. I deliver the speech on behalf on the hon Sukers who is having issues. Hon Chair, the anti- bullying policies of the Department of Basic Education need to be research-led yet if you visit the department’s online research repository you will find that not one piece of research into bullying is listed in the section on learner wellness. Furthermore, turn to the department’s document “Research Agenda 2019 to 2023” and search the term “Bullying” you will find nothing because not only does the department not have any research on bullying in its research repository it doesn’t plan to do any up to and including 2023.
During the committee’s recent oversight visit we were told about a Directorate for School Safety, a Safety Co-ordinator, the National School Safety Framework, School Safety Committees, the question is, how many departments and programmes were going to be strengthened through this? The portfolio committee was told that the bullying prevention and positive discipline programmes would be strengthened in partnership with the likes of active education. This sounds very impressive until you go and check who Active Education is. Their own website states that active education specialises in school sports coaching. Where is the bullying of the child here? I am sure they do excellent work in that field but this is hardly appropriate when we have world leading experts in the field.
Minister, we need credible research and we need you to engage with real experts before more children die. We need urgent changes to made to the Basic Education Laws Amendment, BELA, Bill to address the issue of bullying. The current Schools Act does not contain a definition for bullying or cyber bullying. School disciplinary codes are not sufficient to address bullying especially cyber bullying as these codes only apply to bullying at schools not bullying that arises at school but goes on outside school and after school hours. Bullying needs to effectively addressed in the school environment and therefore the South African Schools Act and especially the approach to discipline needs to be brought in line with the Children’s Act. The Children’s Act is child centric, the Schools’ Act is not. The Schools’ Act needs to become child centric and the current Basic Education Laws Amendment, BELA, Bill does not address this.
Bringing the Basic Education Laws Amendment, BELA, Bill to this House until you have fixed this will do nothing to honour the lives of the children lost to bullying. The “Guidelines for Adopting a Code of Conduct for Learners” have not been amended in more than 20 years. So, we fail to see how the programmes are going to work if the codes of conduct at schools are not addressed. The department needs to get serious about bullying. Lives are at risk. Let’s consult academic experts in the field, conduct research and work
with the portfolio committee to see how we can improve the situation. I thank you.
The HOUSE CHAIRPERSON (Ms M G Boroto): We proceed to UDM and call hon Kwankwa. He is not on the ... okay, if you are there on Kwankwa just indicate we will afford you the opportunity. We proceed to Good, hon August.
Mr S N AUGUST: Hon Chairperson, new technology and software such as smartphones and Tik Tok have raised the profile of bullying in schools. To our disgust, we see many of our children behaving just as badly as many of us adults do. We ring our heads and wonder what sickness has overcome. Bullying is not a new phenomenon, nor is it a behaviour that is restricted to South Africa or developing nations. Many of the worst bullying traditions in our schools were in fact inherited from our colonial masters.
But what makes it particularly painful for us to observe is the level of violence. That mirrors the level of violence in our homes and communities and across our societies. The impact of bullying can be devastating in a short-term, as we recently saw with the tragic death of the young Lufuno Mavhunga in Limpopo. As parents, we are making our schools a terrible disservice by perpetuating this psycho, by sending our children to schools on a dangerous with
toxicity and aggression that they learn in our neighbourhood and homes. Though, we hear stories of rogue teachers too often for comfort, they are not generally responsible for teaching our children verbal abuse, disrespect and aggression of violence.
Members, we won’t be able to fix violence in our society without fixing society itself. We cannot strive for justice for our children when society is built on division, inequality and injustice. When the daily lived experience for many is the violence of poverty, scrapping together enough food to barely feed your family, fearful of sending your child to the shop, lest she gets attacked. We need to fix social, economic, spatial environmental justice. When we do, when all young South Africans have equal opportunities to attain their dreams, when there is less hunger there are more consequences for deviant behaviour. The levels of crimes and violence in society will come down.
Hon Chair, in the meantime, there are immediate steps you must take to mitigate the suffering of our children. Education and Social Development must find a way to get more social workers and counsellors into our schools to support learners and their families. Parents must receive useful advice to manage the emotional, mental wellbeing of these children at home. We cannot sit on our hands, if we do, we are complicit. Thank you.
Mr C H M SIBISI: Hon House Chair, bullying amongst learners in our schools has been a long outstanding issue of national importance followed by violence in schools. What happened to Lefuno a 15-year- old girl who was bullied and committed suicide was the results of an issue that remain neglected by the Department of Basic of Education for a long time. Five years ago, the Department of Basic Education came before the portfolio committee to brief members on school safety or violence and bullying in schools through the quality of learning and teaching campaign. In that briefing it reported ... [Inaudible.] ... has shown the levels of violence in South Africa Schools has established around 20%. Figures show that a fifth of learners’ experience violence in schools. This violence and bullying should not be happening in the schools’ hon House Chair. We call on the Department of Basic Education to conduct another study on school violence and bullying.
The recent case of Lefuno has exposed the depth of the matter in our schools. Suicide is the ultimate consequence of being bullied at school. The department must implement effective prevention programmes, such programmes must be designed with a view to empower everyone at school with skills and knowledge and how to prevent bullying from happening. How to react appropriately when bullying is witnessed or reported. To end bullying, we request that the department ...
IsiZulu:
... ake ikubukisise ibheke ukuthi yikuphi okungenzeka ukuze iqinisekise ukuthi ezemidlalo ziba khona ezikoleni. Njengoba kuyizona ezingenza ukuthi abantwana bethu bahlale bematasatasa kunokuba bachithe isikhathi bengenzi lutho. Siyawunxusa uMnyago ngaphezu kwezimo ezinzima ikubukisise ukuthi ...
English:
... school sport is being regained and supported in schools. We shouldn’t be debating these matters after the effect or loss of life. We must continuously engage on societal ills to stimulate solutions. Someone does not have to die before we can talk about addressing this matter. All stakeholders in the public school sector are aware about this issue. To the Department of Basic Education, to initiate the ongoing conversation campaign to end bullying in the schools. The psychological effects of being bullied is a long-term and it brings unstable and troubled adults. I thank you, hon House Chair.
Ms S PATREIN: Hon House Chairperson and hon members, the ANC has categorise children, women and elderly people as vulnerable part of our society and is committed in protecting them from all kinds of abuse. In the South African Law, every child has a right to be protected from any kind of maltreatment. The South African’s
Constitution provides for protection from maltreatment, neglect, abuse or degradation. This is extracted from the Chapter Two of the Constitution, which are the Bill of Rights and that is a supreme law of the Republic of South Africa.
All these rights are contained in the Freedom Charter and they are well represented in the South African Codified Law. South Africa has concern incidents of violence, which create an impression that, it is normal in our society to have violence means as the first option of resolving any conflict, this may have bearing on the inherited violent society from apartheid regime.
Even institution that are generally supposed to protect the civilian like police were used as an instrument to protect the interest of the ruling class, which was the white minority. Like Lenin said:
The state is the product of the reconcilable class contradiction and the state is the instrument used by the ruling class to protect their hegemony.
Then the violence became the order of the day, hence even Phenom once said that:
The only language the native understand is violence and also that the only language that is understood by the settler is violence and it was viewed as the necessary tool for cleansing process in the de-colonial project and that’s how structural is violence in our society.
Hon House Chair, the bullying that manifests in our schools is a product of having ... [Inaudible.] ... fight in society and children will want to imitate what they see and think is correct in the community.
However, it must be understood that bullying is the violation of children dignity and other rights. The impact of bullying on the children is severe and we have witnessed recently a case of Lufuno Mavhunga, who committed suicide after a video of being bullied by another fellow pupil went viral. That is one case of many more cases, where the outcomes of bullying became very detrimental on numbers of accusation. It has psychological impact on the children at nature of their lives.
Hon House Chair, the strategy for achieving a safe community, based on progressive relations between all different stakeholders, the police and the society. This different stakeholders including
teachers, learners an entire community to work together in creating safe environment.
The status and statistics of ANC premise that rising quality of life also means improvement in the safety and security of citizens in their homes and environment where they live, work and undertake extramural activities in schools are included. There is need for people to work together and create safe schools.
Hon House Chair, drug and alcohol abuse, influence in our society and many of the challenge is the course for concern. The drugs and alcohol abuse contribute immensely in the lives of the children. The use of these different substances, affect the state of mind of the children and affect their behaviour in various way.
The ... [Inaudible.] ... studies also find that there is an increased risk of witnessing or experiencing violence in schools situated in communities where alcohol and drugs are easily available. Alcohol and drug can serve to facilitate and exacerbate violence. Violence in school is a societal problem, which requires all stakeholders to develop holistic approach to create safe learning environment.
Hon House Chair, like any other social problem, there is a need to have collective contribution in fighting against it so that there is a need to intensify the communities police forum and the community at large in trying to fight against bullying. There must be campaigns and road maps across the country in creating a safe environment for all.
The ultimate aim of community outreach campaign is to achieve long term lasting behavioural changes regarding crime and crime related matters.
School safety ... [Inaudible.] ... to learn in 2019-20, the School Safety Programme was implemented at 1250 identified schools in partnership with the Department of Basic Education to prevent mileage and the response to incident of crime and violence in schools.
Schools are encouraged to establish and maintain a safe school. Community police forum play a vital role in school’s safety, representation of the school in the community police forum, CPF should be encouraged, this is important. As information regarding to issues such as drugs suppliers and peddlers within the school can be shared at the CPF meeting.
Community partnership lies at the heart of the new social ... [Inaudible.] ...that must be fostered to combat violence and crime.
The hon President Ramaphosa has called on each and every citizen to become more active in communities to assist the police and be their eyes and ears. We all have a responsibility to protect the children and every country has a responsibility to protect the interest of children for the future because the future of the country is in the hands of the children.
As the ANC stated in the 54th National Conference that there must be closer working relationship with social workers and the police to provide support to the victim of bullying and that bullying is very traumatic experience for children and therefore children must be supported to avoid future implication on the child, indeed the decision must be taken at the best interest of the child and children must be protected from all kinds of violence and harm.
Hon House Chair, in conclusion, bullying societal problem that requires collective effort to address this challenge. The failure to treat bullying in school ... [Interjection.] ... Thank you [Time expired.]
Mr L M NTSHAYISA: Thank you very much, hon House Chairperson, I think the scores should not be taken as battle or warzones. War would rather be waged against the common enemies, that is COVID-19 pandemic and gender-based violence, gbv. Bullying sometimes does not start at school, but can be traced back to our homes. That is why it is important for us as parents to play our role, regarding the raising of our children.
I am not suggesting that those that have been raised properly cannot do, but most of the time those learners that the parent did not play the major role. Remember a child who has been abused will always be angry and that anger will be vented out to the target. The target would also be the unintended innocent souls.
However, this ... [Inaudible.] ... bad behaviour, cannot be condoned or justified. I am still House Chairperson, very much disappointed, when a learner in one of the schools in KwaZulu-Natal, KZN, a girl attacked the other one but at the end they were both to be expelled. How could that be, that the victim could also be expelled from school? We have heard about the girl who was attacked by other girl in front of school mates, that girl had to take her own life, that was very bad indeed.
House Chairperson, the corporations among school governing bodies, SGBS, teachers, police, The Department of Social, can also assist the Department of Basic Education in this regard. The South African School Act should also be ... [Inaudible.] ...amended.
Many learners have left schooling due to bullying by other learners. The Department of Basic Education must be more serious about the safety of learners at school. House Chairperson, the culprit must be thoroughly punished. This will serve as a deterrent to other learners.
The use of drugs by the learners is also a contributory factor. The Department of Basic Education must be given enough budget to deal with all these challenges, because they are many. The school safe policies must be clear. Communities should also be involved so that they can be in a position to identify these culprits, even after school hours and these can be reported to. Let us all fight against bullying in our school. Thank you very much, House Chairperson.
Mr W M MADISHA: Hon Chair, the debate before us is extremely important. If bullying is allowed to continue it will not end at schools or institutions of higher learning but even when learners become fathers, mothers or adults in any form. Today as we speak about five hours ago, there were court sittings in Vhembe in Limpopo
where in one of those two cases a 14-year old girl appeared. Of course her face was not shown. She was crying because of constant bullying and rapes. Tomorrow, again a case of bullying will sit in the same area.
However, I must emphasise that it is not in that area but as we all know and understand, it is happening everywhere in the country.
History has proven, empirically of course that the majority of children who grow up being bullies do so until death. What we need to understand is to where does this bullying happens the most. These bullying happen in villages and shacks in townships where poverty is high. That is where you do not have security, no respect, given poverty and joblessness that permeates those areas of living. All these problems lead to sexual exploitation, continued taking of drugs, murders and there are instances where parents keep quiet so that they can continue receiving favours and tips of course.
What must be done is that, Parliament like we are doing today, must not just only talk. We have got to ensure that there is implementation and we shall ensure that there is a resolution.
Teachers no longer have authority because their powers to some extent have been reduced. I truly believe that the only people who can both the departments and unions, particularly if the latter are
given a chance to their proposals openly because at the moment they are side lined, though in not all the provinces.
Also we need to strengthen the school governing bodies. You know there is a problem of some of the MECs just moved out to show their faces, make lots and lot of noise, try to shine and speak to teachers in a very harsh way. I think this is not proper and what we need to need to do, ourselves as Parliament, is to say to the provinces, go and sit down with the unions, talk to teachers and make sure that we are able to move forward.
Chair, before I sit down I want to say that this is a matter of importance and I plead with you, the leaders to sit down and have these problems resolved. Thank you.
Mr M G E HENDRICKS: Hon House Chair, the administrator of Al Jama Ah’s Parliamentary Constituency Office in Mitchells Plain has visited many schools to address the issue of bullying in schools at the invitation. He found that to a large extent the victim as well as the perpetrator bullying are as the result of the lack of student involvement in these pertinent issues. It is necessary that we should prepare our students to be involved with the issues that our communities are grappling with and this Parliament that is grappling with.
This should be initiated by educators in schools and actively pursued by the Representative Council of Learners, RCLs. The students as well as the educators of Portland High School in Mitchells Plain have formally decided to become more proactive to address the scourge of bullying at schools. By giving the learners the opportunity to host these anti-bullying awareness events it creates a sense of civic responsibility not just in the school but to the community.
Portland High School is setting the standards and there were even having a bully in the school and teachers and 500 learners are working together. Bully expresses itself in what is the new normal in the age of digitalisation. This bullying is to unfriend or block or cancel is for learners worse than physical bullying or humiliation or rather distancing. This becomes dramatic for learners who put a high price on socialisation. Social distance is compensated by digital content so to be cancelled is a learner’s worst nightmare. So, we would like to compliment Portland High School in Mitchells Plain for setting the standards and the involvement of learners and educators to address bullying. That is the way to go. Thank you very much, hon House Chair.
Mr L MPHITHI: Hon House Chairperson, this debate today demands of us to be frank, honest and most importantly move away from the usual
politicisation that usually occurs around here. We must confront the alarming rise of bullying and cyberbullying that has long persisted in schools across the country. Its impact is not only physical and psychological, it is matter of life and death. In South Africa countless children fall victims to bullying, harassment and abuse at schools.
A myriad of constitutional rights is infringed upon when bullying occurs. The problem is escalating at an alarming rate. Our country is gripped by the scourge of gender-based violence and one cannot try to analyse this particular violence by not looking at other root causes. Research shows that the causality can be derived between bullying and gender-based violence. Gender-based violence is an establishment that thrives in an environment where there is no accountability, no justice, no service delivery, entrenched patronage and a complete lack of will.
We need constructive and evidence-based interventions that in turn can contribute to the ending of the gender-based violence in South Africa. Hon House Chair, like other colleagues in this House and the rest of this country were heartbroken to hear the disturbing events that unfolded and led to the untimely death of Lufuno Mavhunga. This is the parent’s worst nightmare. To the family, the fellow pupils and friends, we cannot begin to imagine this pain. The heart
breaking story of Lufuno Mavhunga is one of the many stories in this country and strongly signals that not enough is being done from a legislative and programmatic perspective to support the victims against bullies.
A common assumption is that violence in schools is violence in the community as schools are not isolated from the rest of the society. We live in a violent society and until we can address that will not make progress against bullying in schools. Until we can keep the same energy for 365 days towards gender-based violence and femicide we will continue to hear these devastating stories.
The inception of the Protection from Harassment Act, 17 of 2011 is a widespread relief for all victims of harassment including children. However, in the context of learner and learner bullying it remains mum. For example, the Protection from Harassment Act 17 of 2011 mentions children only in connection of complainants but fails to mention the procedure where the responded is the child. Whilst the Child Justice Act, 75 of 2008 which sets out the requirement for establishing the criminal liability of children is far more responsive and effective when applied in terms of the procedure instituted by the Protection from Harassment Act.
The truth is the responsibility to take up leadership upon this must fall on all of us. There is no excuse that our institutions, our workplaces, public places remain unsafe. Classrooms and schools should not, besides of violence, trauma and abuse. We also cannot speak about bullying in schools without acknowledging that mental health remains a subject that is far removed from this discourse. We need to prioritise awareness raising educational campaigns. These campaigns can help with a deeper understanding of the types of consequences that arise from bullying. The differential impact on girls and boys associated with the risks and consequences that they face.
We need awareness raising efforts and interventions that emphasise dialogue among parents, school officials, community leaders, teachers, students and health workers about nature of bullying; about who may be at risk and how it can be prevented and addressed. These may also look at how to help children in adolescence cope with the distress that comes with bullying. We need to prevent this type of violence that is continuing in our schools. We need to do it now as Lon Watters says, “A school is a building that has four walls with tomorrow inside.” Hon members, we must protect our tomorrow today. Thank you.
The DEPUTY MINISTER OF BASIC EDUCATION: House Chair, greetings to you. Greetings to the Members of the National Assembly, the chairperson of my portfolio committee and its members, and all hon members and ladies and gentlemen.
IsiZulu:
Sanibonani. [Greetings.]
English:
It is a privilege for me to be part of this debate, and I want to take this opportunity and thank all the hon members who participated in this debate. What I like about them, which is different from the other debates is that they did not put politics, they put the issue at hand, and that’s why most of them are bringing recommendations and proposals as to what must be done. This really pleases the department because it tells that issues of violence and bullying are not necessarily issues of the department alone, they are for all of us. We must come together.
Chair, as we always say that a school is a microcosm of the society, what happens in the society is exactly what happens in school. As South Africa, we are regarded as an angry nation. When we want water, we go and burn a school or we stop learners from going to school. And these young ones are looking at that as to when our
parents are angry, they burn the school and the library and the emulate that, and take it to school.
So, it means as a society, we must come together and handles these issues of bullying and violence in our schools.
Chair, we have different kinds of bullying in schools. We have verbal bullying, social bullying, physical bullying and cyber bullying. Learners who are perceived as different by others, are more likely to be bullied. These more vulnerable learners include those with LGBTQ+ youth, learners with mental health disabilities and learners who are targeted for differences in their race, ethnicity or religion. Both learners who bully or learners who are bullied can suffer lasting psychological effects, including posttraumatic stress.
It is vital that schools provide support to all the learners involved in bullying incidents. It is also important to observe that bullying knows no social boundaries. Learners with special needs also experience bullying in their learning spaces. Many learners with special educational needs are already facing unique challenges in schools. When they are bullied, it can directly impact on their ability to learn and grow.
Research shows that bullying can negatively impact a child’s access to education, leads to school avoidance, high rate of absenteeism, inability to concentrate, loss of interest in academic achievements, and an increase in dropout rates.
The Department of Basic Education has put mechanisms in place to ensure that learning and the environment are safer and free from violence, intimidation, gender-based violence, alcohol and drug abuse.
The National School Safety Framework remains the primary strategic response to violence prevention in schools. It was developed as an all-inclusive strategy to guide the Department of Basic Education, provincial education departments, districts, circuits and schools. The framework aims to create a safe and violence free environment in support of learning and teaching for learners, educators, principals, school governing bodies and administrators.
The department has developed e-safety guidelines to educate learners about different types of bullying, particularly online bullying and encourages them to remain vigilant when using e-learning programmes and information and communication technology. The department is also responsible for monitoring and support of 75 districts across the country towards the implementation of the National School Safety
Framework. In addition to these mechanisms, the department is also working with other sister departments to ensure that the issues of bullying are addressed at all corners.
Cyber bullying is one of the worst kind of violence perpetrated on social media platforms, including Facebook, Twitter, WhatsApp and YouTube are very important for information and for being part of the world community. However, we also know the harm they can do.
Our curriculum offering through Life Orientation across all the phases has received a boost through our partnership with Google Online Safety curriculum focusing on Grade 8 to 12. The google online provides calibrated pathways with overarching themes for everyone to thrive in the digital space. On Grade 8, it is being safe online; on Grade 9, it is being respectful digital citizen; on Grade 10, it is being smart online; on Grade 11, it is being a responsible digital citizen; and on Grade 12, it is being future ready.
One other thing that perpetrates bullying is alcohol and substance abuse. The impact of alcohol is being felt at school level in the country, and is compromising the quality of teaching and learning and the safety of learning spaces because it leads to bullying. It is for these reasons that the department developed a national
strategy for the prevention and management of alcohol and drug use amongst learners in schools.
This work responds and complements the work by the Department of Social Development on their National Drug Master Plan 2018-2022. The strategy focuses largely on prevention because most learners do not abuse alcohol and drugs. However, it is also aimed at creating an enabling environment for those learners who have become addicted to alcohol and drugs to access treatment, care and support services.
On High-On-life, this is the department’ strategic programme developed in partnership with the African Youth Development Fund and developed a school toolkit to fight alcohol and drug abuse amongst learners at schools. The High-On-Life will be rolled out in three days. Training workshop for 375 district officials in the 75 districts of our nine provinces. The programme is geared towards empowering school safety communities supported by the districts to ensure that schools are alcohol and drug free zones.
We have recently concluded the school governing bodies, SGBs, elections and we will train and strengthen the newly elected school governing bodies and all the supporting structures – the committees that are working with the school governing bodies – to ensure that the SGBs establishes the school safety committees. The school safety
committees are the ones that are working with the community police forums. Community police forums are attached to police stations. We are making sure that each police station is adopting a school in their area of operation and that they assign a cop to be responsible for a school because the number of schools versus the number of police stations do not correlate. So they should assign a cop to be responsible for a school or two schools.
We are going to train the newly elected Representative Council of Learners, RCLs, with emphasis on the importance of school codes of conduct to maintain social cohesion and positive behaviour. We are going to deploy the child and youth care workers to serve at schools in hotspots areas to provide psychosocial support and relieve stress experienced by learners and ensure access to child-friendly services and support to the families through home visits.
On the support for parents in understanding their roles and responsibilities regarding the management their children’s behaviour and ensure they participate consistently in the learning journey and in the school activities in general.
We are also working with the Quality Learning and Teaching Campaign, QLTC. We have QLTC structures at the Basic Education level, at the provincial level, district and the circuit level. They are also
operating at school level. We are using them as a wagon to mobilise the sectors of society, including religious leaders, traditional leaders, all the councillors and all the civil society. They are mobilized under the umbrella of the QLTC. We must bring all sectors of community in fighting this community scourge.
In view of the stubbornness in disrupting the vicious cycle of violence and bullying in schools, including the prevalence of abuse of alcohol and drugs, we are rolling out a programme geared towards school’ safety, violence and prevention initiative. This programme is envisaged to be rolled out annually to raise awareness and will be driven through the executive office of the Minister and championed by the Deputy Minister and seven other Deputy Ministers, as I indicated earlier on, as the office responsible within the broader strategy of care and support for teaching and learning. This programme will assume a multidisciplinary and intergovernmental collaboration strategy in order to achieve maximum impact.
The following government departments partnered with the Department of Basic Education, Communication and Digital Technologies, Justice and Correctional Services, Health, Social Development, SAPS, Home Affairs, and Sports, Arts and Culture. Together with our social partners, who part of this initiative, we are eternally grateful that our intergovernmental framework is bearing fruits. The
programme will be delivered through the basic service delivery model
– One District; One plan; One Budget.
Hon members, a recent bullying incident, which all the members spoke about, that involved a learner at one of our best performing schools in Limpopo, Mbilwi Secondary in Venda, is still fresh in our minds. The bullying incident involving Grade 10 learners led to an unfortunate suicide of our learner. May her soul rest in perfect peace. The department responded appropriately to stamp out the possibility of this incident triggering undesirable reactions from the communities affected.
The department, working together with the provincial Education Department and the district management team arranged for psychologists to support the school by offering preliminary counselling to learners. Sister department such as the SAPS and Social Development have provided immense support to the school community in dealing with the after-effects of this incident.
Members will also note that the SA Human Rights Commission has recently held a hearing with the Limpopo Department of Education, and we are awaiting their report and recommendations to further enrich our responses.
The department will be launching a nationwide roadshow; a drive to stamp out bullying and substance abuse in all our schools, in Orange Farm, in Johannesburg, South Africa. As a sector, we are serious about demonstrating to the country and the world that bullying and cyber bullying, including drug and substance abuse will not be tolerated in our schools and the communities in general.
Our key message to the learners in all our schools is that we discourage an attitude of learners becoming bystanders and cheer leaders when other learners are bullied and when drugs are peddled in our schools and communities. We are empowering learners with tools to de-escalate the hostile environment generated by bullying incidents. We rally learners to adopt a common response throughout the campaigns on the common mass message: Stop the bully; walk away from the bully; talk to someone you trust about your experience of bullying.
National Strategic Planning on Gender-Based Violence and Femicide is taken seriously by the President of the Republic of South Africa, who declared gender-based violence and femicide as a second pandemic. If this pandemic is happening at homes, these young ones will learn from home and take it to school.
In response to the scourge of gender-based violence, the ANC-led government promulgated the first ever national strategic plan, NSP, aimed at addressing gender-based violence and femicide. The NSP charges the various sectors of society to take deliberate steps in the realization of the different pillars. The basic education sector is entrusted with leading the prevention pillar, which includes raising awareness about gender-based violence as well as the best ways to access adolescence-friendly services for post-violence care. The main thrust for gender-based violence prevention in schools is specifically focusing on school-related gender-based violence as a form of bullying on its own.
Curriculum remains the strongest touch point available for the basic education sector to drive gender-based violence and femicide prevention agenda. We feel the curriculum ... the gender-based violence and femicide is addressed through the provision comprehensive sexuality education, coupled with sexual and reproductive health services. Access to services is implemented in secondary schools, which include prevention of alcohol and drug abuse, learner pregnancy, and now also COVID-19 as risk factors to gender-based violence and femicide.
In primary school activities, we mainly focus on raising awareness of social justice and vulnerability such as reporting of abuse and
support for gender-based violence. The comprehensive sexuality education lessons are delivered through a total of 80 lessons, implying 80 hours in the Life Skills and Life Orientation subjects throughout the schooling life; from Grade 4 to Grade 12. Of the 80 lessons, 29 of these specifically address gender-based violence and femicide.
Hon members, in primary schools with younger learners, it starts with addressing bullying, safety, body, protecting personal space, prevention of rape, protecting sexual abuse and sexual harm with a view of empowering the potential victim. Gradually, as learners progress to higher grades, the topics in the intermediate phase begin to introduce issues of bullying, sexual abuse, sexual grooming, and skills for bullies to change. This is coupled with identification and service linkage to learners at risk.
In the senior phase, the lessons begin to introduce the construction of gender consent, power and control in relationships, as well as assertive communication. In the further education and training phase, the lessons address in depth and issues of gender construction, consent, power and control in relationships, as well as assertiveness in communication.
These messages communicate both the potential victim and the perpetrator with a view of challenging their attitude ... [Time expired.] ... Thank you for this opportunity.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON JUSTICE AND CORRECTIONAL SERVICES ON DRAFT REGULATIONS MADE IN TERMS OF SECTION 23(1) OF LEGAL AID SOUTH AFRICA ACT, 2014
Mr G MAGWANISHE: Chairperson and hon members, a report of the Portfolio Committee on Justice and Correctional Services dated 14 May 2021 on the draft amended regulations made in terms of section
23 (1) of the Legal Aid South Africa Act of 2014. The Legal Aid South Africa Act of 2014 provides that the Minister must make regulations after receiving recommendations from the Legal Aid Board of South Africa. Also, any regulations made must be tabled in Parliament by the Minister for approval before publication.
The Minister tabled the draft amended regulations on 27 January 2021 and the matter was referred to the committee.
On 12 May 2021, the committee was briefed on the amendments, noting that the proposed amendments do not reside in any significant policy changes, technical corrections we'll align the policy to the actual position, Legal Aid’s limited resources, or its civil work will be
directed to the most vulnerable. The duplication of services between the Commission for Conciliation, Mediation and Arbitration and Legal Aid South Africa will be eliminated. The means test will keep pace with inflation without requiring annual revisions to the regulations.
The Portfolio Committee on Justice and Correctional Services, having considered the draft amended regulations in terms of section 23 (1) of the Legal Aid South Africa Act of 2014, recommends that the National Assembly approved them. Thank you, Chair.
There was no debate.
Declarations of vote:
Mr W HORN: House Chair, the evolvement of the regulations applicable to Legal Aid South Africa makes for an interesting case study on the real impact of the ever-shrinking budgets that are appropriated to the public entities and their ability to exercise their duties.
Institutions like Legal Aid South Africa were set up initially to give effect to the basic right that every accused person before a criminal court has to be tried in a fair manner which is accepted to include the right to legal representation.
However, as our sense of morality, justice and social justice evolve, it has also been accepted that the poor and the vulnerable should be entitled to state-sponsored legal representation in respect of other matters. Thereby in an ideal world, Legal Aid South Africa would be obligated to assist the poor and vulnerable in respect of all matters that involve the legal system. In this regard, Legal Aid South Africa has done well over the last years.
It's a model of good governance and the massive caseload of its practitioners, if that is taken into account, the quality of services it renders is full of a very high standard. Therefore, it is worrying to see that, although the amendments to the regulations issued in terms of the Legal Aid South Africa Act and which we are dealing with here today are labelled as no real policy change. It also admitted that these amendments will align the policy with what is called the actual position in light of the decreasing resources.
These amendments all deal with matters in respect of which Legal Aid South Africa will not be able to fully assist the poor and the vulnerable like they did not ... [Inaudible.] ... matters like divorce action and labour matters are some of the things in respect of these carefully crafted regulations have the effect of limiting the availability of Legal Aid South Africa to assist.
We are, as a country, are not in a good space and these amendments will have hamstrung the ability of Legal South Africa to soften the blows that the poor and the vulnerable are dealt with on a daily basis. We, therefore, reluctantly, support these amendments in order not to put undue pressures on Legal Aid South Africa and not because we agree with them in principle. Thank you.
Ms Y N YAKO: Chairperson, the most important thing that the Minister of Justice and the Legal Aid Board keep on evading is the question of access to justice by the majority of South Africans and the failure of the Legal Aid Board to carry out its mandate in providing legal services to the poor and the marginalised.
The draft regulations we are required to approve today fall far short of realising this goal of universal access to quality legal services. We do welcome the inclusion in the regulations of the need to prioritise civil matters particularly those involving the eviction of our people from their homes.
We know first-hand that people arrested from co-ordinated eviction campaigns by the state hardly get any representation in court.
However, these regulations do not deal with the main issue we had even with the 2017 regulations and that relates to the means test of eligibility for Legal Aid in this country. In these regulations, the
amount of what people must earn in order to qualify for legal aid will increase every year based on the Consumer Price Index percentages. That is not enough. An individual earning a little more than R7 400 per month cannot afford lawyers, even those only up to R15 000 per month for that matter. What we need to move towards is universal access to legal representation which is not mediated by how much a person earns but by the right embedded in the Constitution for legal representation.
The Legal Aid must, therefore, move towards a more reasonable test before rejecting applications willy-nilly on the basis of a faulty means test. You could, for example, conduct a lifestyle and debt audit for all applicants for Legal Aid which may tell you that a person earning R40 000 a month cannot afford Legal Aid.
This does not remove this person from the right to legal representation or to everyone who cannot pay their lawyers. The last aspect which must be addressed which is perhaps outside of the regulations is the quality of services offered by Legal Aid. This must be dramatically improved and, therefore, the EFF rejects this report.
Mr N SINGH: What about the IFP, Chairperson?
The ACTING HOUSE CHAIRPERSON (Ms R M M Lesoma): Oh, my apologies to the ACDP. Can we just take the IFP? IFP? I am waiting for the IFP.
Mr N SINGH: Oh, I am sorry, hon Chairperson, it seems that the hon Msimang connected hasn’t connected but can I take it on his behalf? The IFP wishes to recognise the important work done by Legal Aid South Africa for the overwhelmingly large contingent of the South African population that cannot afford private legal representation.
The IFP also acknowledges that this work continues to be done in a thankless and exhausting environment with limited and ever- decreasing funding. Legally Aid South Africa deals with a broad spectrum of both civil and criminal matters, including delicate family law and the scourge of our nation, gender-based violence.
It is important to ensure that South Africans know that they can approach Legal Aid for assistance whatever the circumstances. The regulations with which we are concerned are important in that they address the right to access to our courts and equal justice, particularly for the most vulnerable in our communities.
The streamlining of the means test that stipulates the threshold for seeking and gaining Legal Aid will keep pace with inflation without requiring annual revisions to the regulations. This is a welcome
note that takes into account. The fluctuating dynamics of the economy. The information of the means test will also ensure that South Africans know what assistance they can seek from Legal Aid South Africa and which matter will be subsidised by the state.
The IFP welcomes the demarcation between services that can be provided by Legal Aid South Africa and the Commission for Conciliation, Mediation and Arbitration. The chance of duplication of services is a misuse of the already strained funds and a disservice to those South Africans who would be turned away by the overburdening of either agency. The IFP supports this report. Thank you, Chairperson.
Declarations of Vote – Continued:
Mr S N SWART: Hon Chairperson, the ACDP supports this report and we would firstly like to commend Legal Aid SA for their exemplary model of governance and service delivery over many years. I recall some 20-years ago, when Legal Aid SA was in a shocking state and over the years it has been improved dramatically and now serves as a standard of excellence.
Chairperson, however, whilst we support this report, the impact of it and the amendment to the rules will result in additional work for Legal Aid SA.
Now, as we pointed out last week, during the Budget Vote on the department, clearly Legal Aid SA with the reduction in their budget they have said they will not be able to perform their existing work. This is a great concern to us.
Chairperson, we believe from the ACDP’s perspective that as indicated by Legal Aid SA, they not only will have to do additional work in terms of these rules, but also when the land court is introduced they will be expected to do additional work and therefore we implore the fact of additional resources for Legal Aid SA given the fact that they have already indicated that they cannot meet their present requirements such as attending on court processes.
This is resulting in backlogs and civil, criminal matters being postponed and increasing the backlogs with the waiting trial detainees waiting to have their cases heard.
So, Chairperson the ACDP will support this report with, but reservations that it must be accompanied by sufficient budget. I thank you.
The HOUSE CHAIRPERSON (Ms M G Boroto): Hon Lesoma, my colleague you have erroneously skipped the FF Plus. Can you allow them?
The ACTING CHAIPERSON (Ms R M M Lesoma): Yes, if they may come in. My apologies FF Plus. I think I am reading the wrong notes. Once again, my apologies about that. The FF Plus.
Mr A M SHAIK EMAM: Chairperson the NFP will support the report tabled here today. You cannot expect an entity like Legal Aid SA which is inundated with applications to provide legal assistance in representation having a problem in terms of limited resources.
Now whilst I say that hon Chairperson the NFP wants to express its concern at the legal aid that is provided in this country particularly to murderers and rapists at the expense of taxpayers whose very rights they violate.
Now we will support any attempt to provide additional services to those particularly in civil matters and I think in the case of evictions and we know that we have a serious problem in the unlawful evictions by municipalities, private property owners who are evicting our people in the country.
Now the NFP’s concern there is that at times the service that is provided by legal aid appears to be substandard. We call on legal aid to up their quality of service that they provide particularly to those seeking their assistance.
We want to urge Treasury, to provide legal aid with the adequate resources so that they could provide a professional and satisfactory service to those applying for legal aid in South Africa. The NFP will support this report. Thank you, Chair.
Mr M G E HENDRICKS: Hon House Chair, we know that South Africa has been declared as one of the most unequal societies in the world. Now this inequality should not extend to our legal platforms.
We have a High Court, the Supreme Court of Appeal and the Constitutional Court and ordinary South Africans cannot make use of these courts because of the high-costs for reaching these courts. So these courts are not serving the people of South Africa. Maybe a call must be made just like we are going to have National Health Insurance, so we must have the national legal insurance so that we can reduce the inequalities.
You cannot have courts that do not serve the majority of the poor people. It is a depravation of justice. I do not know if the legal aid is a good start and it is a lifeline. Alja-mah supports the report. Thank you very much, hon House Chair.
Ms W S NEWHOUDT-DRUCHEN: Hon Chair, can I be please spotlighted.
The ACTING CHAIRPERSON (Ms R M M Lesoma): May we assist the hon member to be spotlighted. Hon member, you may proceed.
Ms W S NEWHOUDT-DRUCHEN: Hon Chairperson, the ANC rises on support of the Portfolio Committee on Justice and Correctional Services on the Draft Regulations made in terms of section 23(1) of Legal Aid SA Act of 2014. The concept of access to justice denotes the situation where state legal systems are organised to ensure that every person is able to invoke the legal processes for legal redress, irrespective of social or economic capacity and that every person should receive the just and fair treatment within the legal system. Access to justice is intertwined with access to legal representation.
Legal Aid SA derives its mandate from section 35 of the Constitution. In terms of this section, every person who is arrested, detained or accused has a right to a fair trial which includes the right to have a legal practitioner assigned by the state and at state expense. Legal Aid SA provides legal representation to persons particularly the indigent.
Section 23(1) of the Legal Aid Act provides that the Minister must make regulations after the receipt of recommendations from the board of the Legal Aid SA. The board consequent to a resolution dated 8
July 2020, recommended to the Minister in terms of section 23(1) of the Act specific amendments to the regulations.
In terms of section 23(2) of the Act, any regulations made must before publication in the Government Gazzete be tabled by the Minister in Parliament for approval.
As the committee we are aware that the proposed amendments to the regulations do not result in any significant policy change and that the technical corrections will align the policy to the actual position.
Regulation 13 confirms that legal aid is available to persons aged
60 and above in maintenance, domestic violence and harassment cases even where the other party is not legally represented.
Regulation 15 confirms that legal aid resources will be focused on the divorce matters where clients are vulnerable or suffer substantial injustice.
The proposed substitution of regulation 15(2)(c) will bring clarity and address any misinterpretation regarding the merits of the client’s divorce claim as opposed to whether a divorce order will be granted. The substitution of regulation 31(1) with the new provision
seeks to remove the reference to criminal matter and thereby include civil matters as matters for which partially subsidised legal aid can be granted.
The insertion of the subregulation 2(d) is a consequential amendment to include civil matters that met the regulation 9(1) criteria in the scheme of the subsidised legal aid. The means test will keep pace with inflation without requiring any revision to the regulations.
Let justice began. In the spirit of justice. In the spirit of justice, the ANC supports this report. I thank you, Chair. [Applause.]
Report adopted and Draft Regulations made in terms of section 23(1) of Legal Aid South African Act 39 of 2014 accordingly approved (Economic Freedom Fighters dissenting).
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON JUSTICE AND CORRECTIONAL SERVICES ON DRAFT NOTICE DETERMINING REMUNERATION OF THE PUBLIC PROTECTOR, DEPUTY PUBLIC PROTECTOR AND COMMISSIONERS OF THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION WITH EFFECT FROM 1 APRIL 2020
Mr G MAGWANISHE: Thank you very much, House Chairperson and hon members, the Report of the Portfolio Committee on Justice and Correctional Services on the Draft Notices determining the remuneration of the Public Protector, Deputy Public Protector and Commissioners of the South African Human Rights Commission with effect from 1 April 2020. The Public Protector Act of 1994, as amended, provides that the Public Protector and the Deputy Public Protector are entitled to such salary, allowance and benefits as determined by the President, from time to time, by Notice in the Gazette, after taking into account the recommendations of the Independent Commission for Remuneration of Office Bearers.
The South African Human Rights Commission Act of 2013, as amended, provides similarly with respect to the salaries, allowance and benefits of the Commissioners of the South African Human Rights Commission. Both Acts require that the President submit the draft Notices containing the proposed determination to the National Assembly for approval, whether whole or in part, or disapproval, before publication in the Gazette.
The President wrote to the Speaker on 16 April 2021, with the request that National Assembly consider the draft Notices concerning the salaries, allowance and benefits able of the office bearers
Independent Constitutional Institutions with the effect from 01 April 2020.
The Draft Notices concerning the the salaries, allowance and benefits able to the Public Protector and Deputy Public Protector and the Commissioners of the South African Human Rights Commission, in particular were referred to the committee on 22 April 2021. After considering the serious economic situation and the independent recommendation of 0% salary increase for all public office bearers. The President proposed to determine a 0% salary increment for all public office bearers, including Independent Constitutional Institution with the effect from 01 April 2020.
The committee is of the view that the proposed commencement date, of 01 April 2020, does not comply with Section 2(B) and Section 2 (A) of the Public Protector Act of 1994, and Section 9(4) of the South African Human Rights Commission Act of 2013.
The Committee therefore, recommends that the National Assembly approve the Notices determining the remuneration of the Public Protector, Deputy Public Protector and Commissioners of the South African Human Rights, with the condition that the President amends the commencement dates before publication of the Notices in the
Gazette to bring the effective date in line with the relevant legislative provisions. I thank you, House Chairperson.
Declarations of Vote:
Adv G BREYTENBACH: Thank you, hon House Chair, hon members as my colleagues the hon Hill-Lewis said on his budget speech on Treasury, amongst all the daily noise in South Africa, we have to keep focus on what real matters. The country is facing serious fiscal constrains amongst others. This is not the time for ... [Inaudible.]
... pictures, demand ourselves ... [Inaudible.] ...massive wages.
While ordinary citizens are struggling to survive, with the unemployment is unprecedented and is still rising. Now is not the time for those of us fortunate enough to gainfully employed to demand unrealistic increases at the expense of fellow citizens. The results of the COVID-19 pandemic, the situation of the vast majority of the South Africans has worsened, where all become poorer.
The President, has correctly in our view decided on no percent remuneration increase for the Public Protector, the Deputy Public Protector and the Commissioners of the South African Human Rights Commission. Of course this will bring about unhappiness and might cause hardship ... [Inaudible.] ... but in the current economic climate will be reckless to consider any other approach.
None the less none of these wouldn’t have been necessary if the economy been steered responsible for the past decade. And if cadre deployment had not disseminated our economy. The blame for this my must lie squarely at the door of the ANC. The DA supports the recommendation and the report. I thank you.
Ms Y N YAKO: House Chairperson, we have been consistent over the past few years about the need to close the wage gap between the lowest paid and the highest paid South Africans.
We have also stated clearly that the highest paid South Africans are paid like this, not so much because they deserve those salaries, but because of the colonial and apartheid stratification of the South African workforce, which creates artificial classes of people.
We need to raise wages of those earning far less, and curtail the growth of salaries of your top end earners. To government officials, including heads of Chapter 9 institutions, judges and others, are getting paid incredibly higher wages compared to the rest of South Africans. We have one of the most unequal societies in the whole world. This inequality is sharpened by an abnormally large gap in salaries in the public service.
We note therefore, the recommendation for a 0% increase on the salaries of the Public Protector, the Deputy Public Protector and the Commissioner of the Human Science Research Council, HSRC, for this financial year.
We welcome this move, even though it makes no sense to us why it had to take a dent to the state’s financial strength for everyone to realize that salaries of all top state officials must be more strictly regulated.
This must form part of a comprehensive plan to deal with the gap in salaries, not just a stop gap measure because the state purportedly does not have money now. So, therefore the EFF supports and welcomes this report. Thank you.
Prof C T MSIMANG: Thank you, hon House Chair, the IFP supports report on Portfolio Committee on Justice and Correctional Services on the draft notice determining remuneration of the Public Protector, the Deputy Public Protector and Commissioners of the South African Human Rights Commission. From the outset, we need to emphasize the importance of the Public Protector and Commissioners of the South African Human Rights Commission in playing critical roles as constitutional watchdogs, investigating corruption and the abuse of human rights respectively.
We therefore need to ensure the independence and impartiality of these institutions are fiercely protected. The response to the COVID-19 pandemic has created many loopholes in procurement processes and has created ample opportunity for the abuse of the fundamental human rights. We therefore, must ensure that institutions have the support to fulfil their constitutional mandate.
However, the grim reality is that we had to consider this draft notices against our economic circumstances. Although we support the President’s proposal of 0% increment salary for office bearers of independent constitutional institutions. We strongly urge support for these institutions.
Hon members, these institutions are only accountable to the National Assembly. We are in the position to hear their grievances, engage with their activities and ensure they are supported. We have to ensure the constitutional mandate – these institutions are not compromised. The IFP supports this report. Thank you, hon House Chair.
Declarations of Vote continues:
Mr S N SWART: Thank you, House Chair. The ACDP rises in support of this report which determines a no-salary increase for the Public
Protector, Deputy Public Protector and Commissioners of the SA Human Rights Commission. It is very important for us to bear in mind the fiscal constraints which have led to the Independent Commission recommending no compensation increases as well as the President’s recommendation in this regard. That is very important for us to note that in general in South Africa many, many people lost jobs and those that were able to retain jobs, in fact, received a reduced salary during the lockdown ... [Interjections.] ...
House Chair, I’m being interrupted, and so it is incumbent upon office-bears and incumbent upon Members of Parliament as well to follow the example and not receive any salary increases. That having been said, I would like to thank the Human Rights Commission and the Public Protector’s offices for the work that they do and in particular the Human Rights Commission given the vulnerable situation with human rights when it came to the lockdown and, in fact, in March and April last year the United Nations Human Rights Committee criticised South Africa for excessive force being used in hard lockdowns and I would urge the Human Rights Commission to keep monitoring this aspect notwithstanding, in the fact, that they have a reduced budget. I thank you.
Mr A M SHAIK EMAM: Thank you very much, House Chairperson. The National Freedom Party supports the report and recommendations
tabled here. House Chairperson, the office of the Public Protector and, of course, the SA Human Rights Commission have a very critical role to play in society today. However, taking that into consideration and the fact that South Africa is heading towards
R5 trillion debt and many, many more people in South Africa have lost their jobs. The homeless have increased and the level of inequality has increased in the South Africa currently given what is happening in terms of coronavirus disease 2019, Covid-19. It would only appropriate that all salary increases must be suspended until of course there’s an improvement in the economic situation in South Africa. Therefore, the National Freedom Party supports the recommendation for a 0% increased. Thank you very much.
Mr L M NTSHANYISA: Thank you very much, hon House Chairperson. As the African Independent Congress, we do support this report.
Therefore, I don’t have anything to say. Thank you very much.
Ms N H MASEKO-JELE: Thank you, House Chairperson. The ANC rises in support of the report of the Portfolio Committee on Justice and Correctional Services on the draft notices determining the remuneration of the Public Protector, Deputy Public Protector and Commissioners of the SA Human Rights Commission. As the country continuing celebrating the 25th anniversary of the Constitution, it is important for us to reflect on the journey traversed and remind
ourselves of where it all began. In a document titled “Building a united nation” the ANC policy proposal for the final Constitution, the ANC proposed that the Constitution shall as far as possible empower ... [Interjections.] ...
The Constitution shall as far as possible empower the poor and the vulnerable to enforce their rights and shall, inter alia, create a Human Rights Commission and a Public Protector to perform these functions. Prior to that, House Chairperson, in 1992, the ANC had said in its document “Ready to Govern” that the ANC proposes that a fulltime independent office of the ombudsman should be created with wide powers to investigate complaints against members of the public service and other holders of public office and to investigate ... [Interjections.] ...
House Chairperson, okay, apology. The ombudsman shall have powers to provide adequate remedies and he shall be appointed and answerable to Parliament first forward to today. We have in our internationally acclaim Constitution, among others, two critical state institutions, the SA Human Rights Commission is a state institution established in terms of Chapter 9 of the Constitution of South Africa to support constitutional democracy and is mandated in terms of section 184(1(a)-(c)) of the Constitution to promote respect, monitor and access the observance of human rights in South Africa.
The Public Protector is an independent institution established in terms of section 181 of the Constitution with a mandate to support and strengthen constitutional democracy as a supreme administration oversight body. The Public Protector has the power to investigate report on and remedy on improper conduct in all state affairs. The Public Protector must be accessible to all persons and the communities. Anyone can complain to the Public Protector.
The work of both these critical Chapter 9 institutions does not go unnoticed. Moreover, these institutions are necessary for a young democracy like ours. The President, President Cyril Ramaphosa, requested the National Assembly to consider the draft notices determining the remuneration table to office-bearers of independent institutional institutions with effect from 1 April 2020. The matter was referred to the portfolio committee for it to consider and report on the President’s proposed determination of the remuneration payable to the Public Protector, Deputy Public Protector and the Commissioners of the SA Human Rights Commission having taken into account of the country’s fiscal position, House Chairperson, not what the DA is saying now that the blame must be upon the ANC, the State Wage Bill, the impact of an increment for public office- bearers on the fiscus and the general state of the economy which has been negatively affected by the Covid-19 pandemic and the affordability, among others.
The Independent Commission recommended 0% increase for all public office-bearers including office-bearers of the independent constitutional institutions with effect from 1 April 2020. The committee recommends that the National Assembly resolves to approve the notices determining the remuneration of the Public Protector, Deputy Public Protector and the commissioners of the SA Human Rights with the conditions that the President amends the commencement dates before publication of the notices in the Gazette to bring the effect date in line with the relevant legislative provisions, namely, section 2(a)and(b) and 5(b) of the Public Protector Act of 1994, in the instance of the Public Protector and Deputy Public Protector and section 9(4) of the Act of South African Human Rights Commission Act of 2013, in the case of the Commissioners of the SA Human Rights Commission. The ANC, House Chairperson, supports this report.
Question put
Report adopted and Draft Notice determining remuneration of the Public Protector, Deputy Public Protector and Commissioners of the South African Human Rights Commission accordingly approved.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON JUSTICE AND CORRECTIONAL SERVICES - DRAFT NOTICE DETERMINING, WITH EFFECT FROM 1
APRIL 2020, AT WHICH SALARIES AND ALLOWANCES ARE PAYABLE TO MAGISTRATES ANNUALLY
Mr G MAGWANISHE: Chairperson and hon members, report of portfolio committee on justice and correctional services on draft notice determining, with effect from 1 April 2020. In terms of the Magistrates Act of 1993, magistrates are entitled to an annual salary and allowances and benefits as determined by the President from time to time. After taking into account the recommendations of the Independent Commission for the Remuneration of Public. Office Bearers. On 13 April 2021, the draft notice containing the President’s determination was submitted to Parliament for approval before publication and was referred to the committee for consideration and report. On 12 May 2021, the committee was briefed on the draft notice as follows.
Having taken into account the country’s fiscal, the state wage bill and the impact of an increment for public office bearers on the fiscus and the general state of the economy which has been negatively affected by COVI=19 pandemic and affordability, amongst others, the Independent Commission has recommended a 0% increase for all public office bearers for 2020-21.
Having considered the serious economic situation of the country and the Independent Commission’s recommendations, the President has proposed to determine the 0% salary increment for the magistrates. Having considered the request for approval of the draft notice determining the rate with effect from 01 April 2020, at which salaries and allowances are payable to the magistrates annually, the committee recommends that in terms of section 12(3) of the Magistrates Act of 1993, the House approves the draft notice. I thank you, Chair.
There was no debate.
Declarations of Vote:
Mr W HORN: Chair, there is a general acceptance that in order to ensure the independence of the judiciary the tenure and adequate remuneration of members of the judiciary may not be threatened by the executive or the legislative arm of the state.
Our constitution determines explicitly that the salaries, allowances and benefits of judges may not be reduced. While a similar provision is not in place in respect of the magistracy the principle remains the same.
Last year, junior magistrates received an increase of just more than 4%, while senior magistrates received an increase of about 2%. This year, although the determination comes into effect retrospectively from 1 April last year, there is no increase.
In the discussion on arrangements similar to our constitutional arrangement that the salary of members of the judiciary may not be reduced, it has been held in jurisdictions like Canada, that a 0% increase in a country faced by any form of inflation is in fact a reduction of salaries. Our sympathy therefore lies with the members of the magistracy who will know that the real inflation their households have experienced over the last two years in respect of medical costs, food and utilities like water and electricity has been much higher than the official inflation rates.
Having said that, the same courts in Canada in dealing with a similar issue, found that as a general principle, government may reduce the salaries of lower court judges as part of an overall economic measure for as long as the judiciary is not treated worse than others receiving their salaries from the public purse.
Therefore, while it is to be noted that the judiciary and the way it has exercised its functions in democratic South Africa has not contributed in any way or form to the economic woes of this country, we accept that it would be unavoidable in the current circumstances
for the magistracy to escape the 0% increase faced by all public office bearers of this country this year. Thank you.
Ms Y N YAKO: Chairperson, magistrates have the heaviest workload in terms of the number of cases they have to hear on a daily basis. The critical importance of these cases in the vast majority of our people. It is also at this level of the lower courts that most injustices are done where those with money are able to buy their way out of accounting for their sins.
For this reason, we have called for the regulisation of the appointment of the magistrates and that this must be done in almost the same way as appointment of judges is done. And that the conditions of employment must also mirror that of the judges.
The issue of the salaries of the magistrates therefore is a secondary issue to us, but most importantly is to get the tenure of magistrates regulated properly as well. We do however support the decision to cut the rise of salaries at the top [Inaudible.] of the public service and to this end we support the recommendations contained in the report. These recommendations, however, must be part of an overarching plan to restructure the salaries in the civil service. In order to ensure that all those working in the public sector are able to take care of their families. The cleaners,
administrative clerks, the messengers and all those who are paid peanuts must have their salaries increased in the Public Service. We, therefore, accept this report.
Mr N SINGH: Hon Chairperson, the IFP supports the portfolio committee’s Report on the draft notice regarding salaries and allowances payable to magistrates annually, with effect from 1 April 2020.
The IFP wishes to take the opportunity to emphasise the great need to strengthen access to justice in our country. This constitutional right highly depends on the capacity and capability of our judicial system to serve the people of South Africa.
The Minister of Justice and Correctional Services has recently held that the SA Law Reform Commission has been tasked with reviewing the criminal and civil justice system, and that the department will commence with the second phase of the rationalisation project concerning areas of jurisdiction of divisions of the High Court and magistrates’ courts. The IFP will closely monitor progress regarding this project and recommendations made by the Law Reform Commission.
Having said that and as we support this report I think we have to be mindful of the fact that the salaries must not distract legal people
from joining either the prosecutorial or the magisterial divisions. We cannot have good people not wanting to become prosecutors or maguistrates because of the low salaries they receive.
Also, Chairperson, it is a common cause and we have magistrates being dismissed for taking bribes and we must not allow that temptation to prevail within the magistracy.
The government’s constitutional mandate of ensuring access to justice must reach those most vulnerable in our society. We cannot fail our constitutional project of delivering access to justice to our people. We support the report. Thank you, Chair.
Declarations of Vote continues:
Mr S N SWART: Thank you, Chairperson. The ACDP reluctantly support this Report given the financial situation facing our nation. The Report, as previous speakers have indicated, recommends a 0% salary increase for members of the Magistracy.
Now we need to remember that magistrates are at the coal face of the delivery of justice to many people, both from a criminal and civil prospective. I recall a few years ago where magistrates have threatened to strike given the low salary increases that they were then receiving. So I think it is incumbent upon us to extend our
gratitude to members of the judiciary, members of the magistracy for the work that they have done under very difficult circumstances particularly during the lockdown period. From our perspective, from the ACDPs side, we are cognisant of the increase in backlog, as I referred to previously, which places a huge and enormous weight and pressure upon the magistrate’s courts.
We also look forward to what the Minister indicated previously was virtual sittings at the magisterial level and of course there would have to be rule amendments in this regard. It is very important that we need to have and insure access to justice at that level and understanding the fiscal situation facing our country to ensure that going forward our Magistrates are properly paid to ensure that we attract the best possible candidates. I thank you.
Mr S N AUGUST: Thank you, Chair, no declarations.
Mr A M SHAIK EMAM: Thank you, Chairperson. The NFP supports the Report and the recommendations tabled here today. Whilst we will have...[Inaudible.] ... acknowledged that the Judiciary’s financial situation and the financial situation that we find ourselves in in the country. The NFP is concerned when we hear the report saying that it may compromise the conduct and that we are open to
corruption if we do not provide the increases that the members of the judiciary are entitled to.
We think that there is no such excuse and that it does not justify the conduct of members of the judiciary because it should not be based on an increase or whether they do not get an increase or what they do get paid.
We also want to reemphasise that when there is no increase, in fact what it is, it’s a reduction. If you take into consideration inflation and things it really means that a person that has moved one step forward, financially will now be moving five steps backwards and that is really the problem.
However, given the financial situation currently in the country which I think have been brought up to a very large extent as a result of Covid-19, I think it is only appropriate that we should suspend them. But we want to also allow the fact that we cannot continue not giving increases to members of the Judiciary and other public servants because they also have responsibilities. Inflation is quite high currently and I think we need to consider that. The NFP will support the Report tabled here. Thank you.
Mr W M MADISHA: Thank you, Chair. We need to see people get enough salaries. But I must say that workers in the public service as a whole are suffering at this stage. They have gone to negotiations and they are not going to get anything. It has been a major problem and that needs to be considered. If we are to say that this particular section gets more or if they have all the resources already – better accommodation, better cars and all these things – whereas on the other side the other people are not going to be getting anything, it is a major problem. I think that need to be truly looked into.
I am therefor saying that hon members, we need to start there and say the ordinary people, the ordinary workers in the public service have to be considered so that we then may be able to go on. Those who have, let them have. But then where the public sector workers are, what they have has been reduced as a result of the inflation and as a result of a whole lot of other things and therefor they too have to be considered. Now this section that we are talking about, let’s have a freeze for some time and look at the ordinary ones.
Thank you.
Mr M G E HENDRICKS: Thank you very much, hon House Chair. We know that the moral is very low, especially amongst magistrates. It has been festering for quite a few years and I think the least that
should have been done is not to penalise them as far as their retirement benefits are concerned. That is why it is very difficult for Al Jama’ah to support this Report. Thank you very much.
Mr X NQOLA: Thank you very much, hon House Chair. The ANC rises in support of the Draft notice determining the rate at which salaries and allowances are payable to magistrates annually.
In a landmark judgement penned down by the late Justice Arthur Chaskalson in S v Makwanyane. The court remarked:
‘...public opinion may have relevance to the enquiry, but, in itself, it is no substitute for the duty vested in the Courts to interpret the Constitution and to uphold its provisions without fear or favour. If public opinion were to be decisive, there would be no need for constitutional adjudication.’
The importance of the role of our courts cannot be overstated. Lower as well as superior courts are critical for the realisation of rights contained in Section 35 and Section 34 of the Constitution.
Magistrates therefor play a critical role in the dispensation of justice.
In a letter dated 13 April 2021 the President of the Republic of South Africa indicated that he had received salary recommendations on Magistrates and other public office-bearers from the Independent Commission on the Remuneration of Public Office-bearers. The Remuneration Commission after considering factors such as the fiscal condition of the country, the wage bill, the impact of the salary increment of the public office- bearers on the fiscus and the general status of the country, which has been negatively impacted by the Covid-19 pandemic, recommended a 0% salary increment to the President for all public office-bearers for the 2020/21 financial year. The ANC support the Report. Thank you very much.
Question put.
Agreed to.
Draft notice determining, with effect from 1 April 2020, at which salaries and allowances are payable to magistrates annually accordingly approved.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON JUSTICE AND CORRECTIONAL SERVICES ON DRAFT NOTICE DETERMINING, WITH EFFECT FROM
1 APRIL 2020, AT WHICH SALARIES AND ALLOWANCES ARE PAYABLE TO CONSTITUTIONAL COURT JUDGES AND JUDGES ANNUALLY
Mr G MAGWANISHE: Hon Chairperson and hon members, the report of the Portfolio Committee on Justice and Correctional Services on the draft notice determining the remuneration with effect from 1 April 2020 of Constitutional Court judges and judges dated 14 May 2021. In terms of the Judges Remuneration and Conditions of Employment Act of 2001, Constitutional Court judges and judges are entitled to an annual salary and as such allowances or benefits, as determined by the President from time to time, after taking into account the recommendations of the Independent Commission for the remuneration of public office bearers.
On 13 April 2021, the draft notice containing the President’s determination of submittance to Parliament for approval before publication and was referred to the committee for consideration and report. On 12 May 2021, the committee was briefed on the draft notice as follows.
Having taken in to account the country’s fiscal position, the state wage bill and the impact of the increment for public office bearers on the fiscus and the general state of the economy, which has been negatively affected by the covid-19 pandemic and affordability, amongst others, the Independent Commission recommend 0% increase for all public office bearers for 2020-21.
Having considered the serious economic situation of the country and the Independent Commission’s recommendation, the President has determined that there will be no increase to the salaries of Constitutional Court judges and judges of other courts.
Having considered the draft notice determining the remuneration payable to Constitutional Court judges and judges with effect from 1 April 2020, the committee recommends that the House approves the draft notice. I thank you.
Declarations of vote:
Adv G BREYTENBACH: Hon Chair, hon members, the President has, in our view, correctly determined a 0% increase for the Constitutional Court judges and judges. This decision is not without controversy and there is a view that it flies in the face of constitutional provisions.
While it is so that the judiciary should and must be remunerated at an appropriate level due the amount of work undertaken by them and also to place them in a position financially where they should not be tempted to supplement the incomes from the country’s resources. This cannot be used as an argument to innovate ... [Inaudible.] ... of our country.
Everyone is required to tighten their belts. We are all in this together and the country simply does not have the resources to continue to pay exorbitant and unrealistic wage increases year upon year.
It does leave a rather bitter taste in the mouth though when the judiciary is required, in the national interest, to forego any salary increase, when this year’s budget contains handsome and indefensible bailouts for SAA, Eskom and the Land Bank, when billion have been stolen and squandered by the ANC’s state capture - resources that could have been employed to stimulate our economy.
If we are required to bite the bullet in the interest of triumph, perhaps to save our economy, then that should be asked of everyone and not selectively.
Nevertheless, given the current circumstances, the DA reluctantly supports the determination and the report.
Ms Y N YAKO: Chairperson, at the risk of the peace for ... [Inaudible.] .... I must state categorically that our support of the curtailing of the ballooning salaries of the highest paid people in the public sector is not the same as that of Tito Mboweni’s ill- thought plans of automatically cutting public-sector wages.
We do not want austerity; we want regulation on wages in a way that we can see a dramatic increase of the lower paid amongst our fellow citizens. In the regard, we must support the recommendation not to increase the salary of judges.
The HOUSE CHAIRPERSON (Ms M G Boroto): Hon Lesomo, there is a point of order from the House.
Mr B A RADEBE: Hon Chairperson, I am rising on Rule 82. The members of this House cannot refer to each other in first-name terms. Hon Yako referred to the Minister of Finance in first-name terms.
The ACTING HOUSE CHAIRPERSON (Ms R M M Lesoma): Hon member at the podium, please, do the right thing and address members as hon members.
Ms Y N YAKO: In this regard, we support the recommendation not to increase the salary of judges, but if they do not increase the salaries of court clerks, interpreters, messengers, then it becomes a regressive move by the government.
While we understand the reasons for tenure for judges, the fact that
... [Inaudible.] ... we feel this must be tied to some sort of obligation towards them to train upcoming judges and advocates and
to help the various ... [Inaudible.] ... with their cases. They cannot just enjoy payment without offering anything in return to the people of the country. These people are highly skilled and their skills can still benefit society while ... [Inaudible.] We
support this report.
Mr N SINGH: Hon Chairperson, the IFP remains mindful of the state of the global economy and the less than encouraging outlook closer to home. Compounded by the stress on the nation’s purse, by the wage bill and impact of the pandemic, the IFP understands and recognises the motivation behind the 0% salary increment recommendation made to the President for all public office bearers for 2020-21 financial year.
However, the IFP notes that neither the Chief Justice nor the Lower Courts Remuneration Committee support the recommendations and we acknowledge their constitutional objection against the reduction of their salaries, allowances and benefits, where they cite section 1763 of the Constitution, which provide that salaries, allowances and benefits of judges may not be reduced.
They further argue that section 176(3) of the Constitution should be interpreted to mean that judges are automatically entitled to an annual cost of living adjustment. I trust that the Concourt does not
have to rule on the interpretation of section 176(3), because it would amount to a conflict of interest. We have to note though that
...
The ACTING HOUSE CHAIRPERSON (Ms R M M Lesoma): Hon Singh, just hold on. Can we mute anyone who is not given the opportunity to speak, so that we can proceed with our business of the day.
Mr N SINGH: We note thought that, whilst there is no reduction in their salaries and benefits, perhaps cost of living allowance, not only for judicial officers, but also for us as MPs and others should be considered by the commission.
However, we are in unprecedented times. The financial climate demands that we all participate. The IFP agrees that the pace of the Remuneration Committee to review the appropriateness of the current remuneration packages of the judiciary is slow and hopes to see a final recommendation soon. Having said that, we do support this report. Thank you.
Mr P A VAN STADEN: Madam Chairperson, there is no declaration from the FF Plus. Thank you.
Mr S N SWART: Chair, the ACDP again reluctantly supports this report but we are mindful of the concerns expressed by the judiciary, by the judges, in terms of the provision that was cited, that in effect the cost of living increases may result in the argument being that they are in fact resulting in a reduction in their salaries.
However, at this stage, and given the financial constraints facing the nation, we support the zero increase.
However, let it also be on record that we are fully aware that the reasoning that has been given due ... and the reason for many of our budgetary constraints, is due to slow economic growth which preceded the hard lockdown and was made worse by a number of irrational regulations in terms of the lockdown, which have been struck down by the courts themselves and are subject to appeal to the Supreme Court of Appeal. We are mindful that a lot of the situation that we are faced with, as well as unaffordable bailouts, has aggravated the situation and resulted in the fact that office bearers are not given a salary increase.
Lastly, we would like to just comment and condemn, in the strongest terms, those people that have been criticising the judiciary, and particularly those that have attacked the integrity of the judiciary
... and I’d be mindful ... and that includes former Presidents, it
includes members of this House ... that section 165 does not allow
... and states very clearly that organs of state that includes Parliament must assist and protect the courts to ensure their independence. So, let us watch what we say in the public domain in that regard. I thank you.
Mr S N AUGUST: Chairperson, there is no declaration.
Mr W M MADISHA: Chair, Cope supports the report. Thank you very much.
Mr M G E HENDRICKS: Al Jama-ah has no declaration, hon Chair.
Ms L N MOSS: Chairperson, the ANC rises in support of the report of the Portfolio Committee on Justice and Correctional Services on the Draft Notice determining the rate of remuneration of Constitutional Court judges and judges, dated 14 May 2021.
Public faith and trust in the judicial system, its independence, integrity and fairness are important elements in building a state based on the rule of law. The work of the courts is significant ... public interest and the transparency of court activities are important to maintain this trust. The authority is invested in the courts. Section 165 of the Constitution guarantees independence. An important feature of judicial independence is the security of
benches. While the salaries, allowances and benefits of judges and acting judges are governed by the Judges’ Remuneration and Conditions of Employment Act, in terms of the Constitution salaries, allowances and benefits of judges cannot be reduced. This is to guard against the possibility of any attempts to influence or put pressure on judges through salary reductions.
In a letter dated 13 April 2021, the President of South Africa indicated that he had received salary recommendations on the Constitutional Court judges, judges and other public office bearers from the Independent Commission for the Remuneration of Public Officer Bearers. The remuneration commission, after consideration
... factors such as the physical conditions of the ... [Inaudible.]
... the wage bill, the impact of a salary increment of public office bearers on the physical and general status of the country which has been negatively impacted by the COVID-19 pandemic, recommended to the President a zero salary increment of all public office bearers for the 2020-21 financial year. The ANC supports the report. Thank you very much.
Question put.
Agreed to.
Report adopted and Draft Notice determining, with effect from
1 April 2020, at which salaries and allowances are payable to Constitutional Court judges and judges annually accordingly approved.
MOTIONS WITHOUT NOTICE
UNITED NATIONS APPOINTS PROFESSOR ABDOOL KARIM
(Draft Resolution)
Ms J S MANANISO: Thank you House Chair. The ANC moves without notice:
That the House –
(1) notes that top South African scientist, Professor Abdool Karim, has been appointed to serve on the United Nations, UN, high-level 10-member group in support of the technology facilitation mechanism to achieve the Sustainable Development Goals, on Thursday, 13 May 2021;
(2) further notes that Prof Karim will co-chair the group of renowned experts for two years;
(3) understands that the group will advise on ways of harnessing science, technology and innovation to accelerate progress on the goals;
(4) acknowledges that he is joining eminent and distinguished individuals from civil society, the private sector and the scientific community who were appointed by the Secretary- General following an extensive selection process, an integral partner on the United UN as global agenda on science, innovation and technology; and
(5) congratulates Professor Karim on this prestigious and distinguished appointment that positions South Africa positively.
I thank you.
Agreed to.
Mr M S F DE FREITAS: Thank you, House Chair. I hereby move on behalf of the Democratic Alliance so that at its next sitting:
This House debates on how the government extended coronavirus disease 2019, Covid-19, lockdown regulations have disseminated the tourism sector and solutions to fix this.
The HOUSE CHAIRPERSON (Ms M G Boroto): Hon Lesoma, these motions without notice probably you have forgotten to ask the question.
The ACTING HOUSE CHAIRPERSON (Ms R M M Lesoma): Oh, yes, thank you very much, hon member, you may just ask the question for please.
The HOUSE CHAIRPERSON (Ms M G Boroto): No, it’s on the first motion.
If there is any objection to the motion.
The ACTING HOUSE CHAIRPERSON (Ms R M M Lesoma): May I put to the House that is there any objection to the motion put by the ANC? The motion agreed to. And the motion put by the DA, is there any objection? Let’s proceed and ask the EFF to put the motion.
INDEPENDENT ELECTORAL COMMISSION APPOINTS FORMER DEPUTY CHIEF JUSTICE DIKGANG MOSENEKE
(Draft Resolution)
Ms H O MKHALIPHI: Thank you very much, House Chairperson. The EFF moves without notice:
That the House –
(1) notes that the Independent Electoral Commission appointed former Deputy Chief Justice Dikgang Moseneke to lead a process to evaluate the impact of Covid-19 on conditions conducive for the holding of free and fair elections later this year;
(2) welcomes the decision by the Independent Electoral Commission, IEC, to be cautious given the fact that the rising infection numbers of Covid-19 as the country is heading towards a third wave;
(3) recognises that in India, they are experiencing a devastating wave of Covid-19 after the country held local government elections, with the resultant loss of life that could have been prevented;
(4) acknowledges the need to take proactive steps to prepare and engage and respond, as the legislature, should the
former Deputy Chief Justice conclude that the conditions are not conducive for a free and fair election; and
(5) resolves to prepare and engage on the outcome of the determination by the former Deputy Chief Justice Moseneke.
Agreed to.
Mr N SINGH: Thank you very much. I thought it’s the ANC again and
then the IFP, hon House Chair.
The ACTING HOUSE CHAIRPERSON (Ms R M M Lesoma): No, it’s fine, the IFP may come through and then I’ll come back to the ANC.
Mr N SINGH: Okay, alright, thank you very much. Thank you, House Chairperson. On behalf of the Inkatha ... [Interjections.]
The ACTING HOUSE CHAIRPERSON (Ms R M M Lesoma): Hon Mazzone, you’ve
got the hand up. Hon Mazzone!
The CHIEF WHIP OF THE OPPOSITION: Yes, thank you, House Chairperson. Hon Singh, I’m terribly sorry to interrupt you. House Chairperson Boroto and House Chairperson Lesoma, there has been an error on behalf of the Democratic Alliance which I would please like to be
noted. The hon De Freitas was unfortunately on the wrong section of the Order Paper and he read out a notice of a motion not a motion without notice and there was some confusion. Therefore, the DA must please be given another chance, and please accept my apology for the hon De Freitas that he will come in later and he shouldn’t have come in right now. I apologise for that mistake.
The ACTING HOUSE CHAIRPERSON (Ms R M M Lesoma): Hon Boroto and I will just consult the Table if it’s appropriate that the DA must come back again on that one. Nevertheless, we note the apology then we’ll direct the House accordingly.
The HOUSE CHAIRPERSON (Ms M G Boroto): No, it’s fine, hon Chair, so
says the Table. You may proceed.
The ACTING HOUSE CHAIRPERSON (Ms R M M Lesoma): Thank you. Now, I believe I’m correct if I ask hon Singh to proceed. You have tabled already, hon Singh.
SOUTH AFRICAN DOCUMENTARY FILM RECEIVES AN ACADEMY AWARD
(Draft Resolution)
Mr N SINGH: No, I have not tabled. Thank you, House Chairperson. On behalf of the IFP I move without notice:
That the House –
(1) notes that the South African documentary film, My Octopus Teacher, received an Academy Award - the first Oscar for the South African film in the Documentary Feature category
- on Monday, 26 April 2021, during a ceremony that was broadcast worldwide;
(2) further notes that the film received a British Academy Film Award on Sunday, 11 April 2021, which was broadcast across the British Broadcasting Corporation, BBC, and in the United Kingdom, UK, and around the world;
(3) congratulates the filmmaker, Craig Foster, upon whom the film is based, following a year he spent building a relationship with a wild common octopus in a South African kelp forest, as well as the directors of the film, Pippa Ehrlich and James Reed, on a job well done;
(4) acknowledges that the film has received international success and widespread acclaim following its release on Netflix; and
(5) calls upon government to increase its efforts in maritime conservation and extend the coverage of marine protected areas in South African territorial waters, so as to meet the requirements of the United Nations Sustainable Development Goal, SDG, 14, which calls for nations to conserve and sustainably use the oceans, seas and marine resources for sustainable development.
Agreed to.
VODACOM CENTRAL REGION SWITCHES ON 21 NEW 3G AND 4G
(Draft Resolution)
Mr F J MULDER: Thank you, hon House Chair. I hereby move on behalf of the FF Plus:
That the House –
(1) notes that during March and April 2021, Vodacom Central Region switched on 21 new 3G and 4G enabled base station sites in deep rural areas in big local municipalities across the Free State and Northern Cape provinces for the first time and that these new sites will connect the unconnected;
(2) further notes that Global System for Mobile Communications, GSMA, research shows that while the availability of high-speed broadband is critical to deep rural development, deep rural communities are lagging behind in terms of broadband connectivity, excluding many from digital transformation and access to the digital economy;
(3) congratulates the Vodacom Central Region for investing R67 million in the 2020-21 financial year in our rural communities of Bethlehem, Fouriesburg, Clocolan, Fauresmith, Griekwastad, Bothaville, Kroonstad, Postmasburg, Jagersfontein, Parys, Qwaqwa, Prieska, Kgalagadi and Theunissen;
(4) recognises that the increase of internet access will increase the economic growth within these towns; and
(5) further recognises that this is in an excellent example of the private sector empowering people and creating employment in a scope where they are free to do so.
Thank you, House Chair.
Agreed to.
THE PASSING ON OF THE STRUGGLE VETERAN PROF STAN SKUMBUZO MZILANKATHA SANGWENI
(Draft Resolution)
Ms M L DUNJWA: Chairperson, I move without notice:
That the House-
(1) notes the passing on of the struggle veteran Prof Stan Skumbuzo Mzilankatha Sangweni on Tuesday 18th May 2021 at the age of 88;
(2) acknowledges that during apartheid, he spent 30 years in exile living in the Netherlands, eSwatini, Zambia, Kenya and Ethiopia;
(3) further remembers that his house became home to many South African exile communities in Zambia and Kenya in the 1970s and 1980s;
(4) understands that in his return to South Africa in 1993, he briefly served as the Director of the School of Rural Community Development at the University of KwaZulu-Natal;
(5) recalls that he also served as the Chairperson of the Public Service Commission from 1994 to 2009 and has also served as the acting Director of the United Nations Economic Commission for Africa;
(6) believes that Professor Sangweni distinguished himself as a remarkably conscientious and selfless leader in all the roles he served, at home and beyond our borders; and
(7) conveys heartfelt condolences to the Sangweni family and friends.
Agreed to
KILLINGS IN DELFT
(Draft Resolution)
Mr W M THRING: Chairperson, I move without notice:
That the House-
(1) condemns the killing of three people in Delft, Cape Town - a 22-year old woman and two men, aged 39 and 28;
(2) further notes that a 13-year-old girl and a 33-year-old woman sustained serious gunshot wounds;
(3) urges the South Africa Police Services to beef up their anti-gang units and to make use of innovative policing techniques, to ensure that those responsible for these brutal murders, face the full might of the law and are brought to book; and
(4) extends its condolences to the families who lost their loved ones and wishes those injured a speedy recovery.
Agreed to.
THE FIRST CHILDREN’S COMMISSIONER
(Draft Resolution)
Ms A L A ABRAHAMS: Chairperson, I move without notice:
That the House-
(1) notes that Ms Christina Nomdo took up office in the Western Cape as the first Children’s Commissioner, in any province in the Republic, on 1 June 2020, following a four-month selection process;
(2) further notes that Ms Nomdo is responsible for monitoring, investigating, researching, educating, lobbying and advising on matters relating to children in the province;
(3) recognises that Ms Nomdo plays an important role in the protection and promotion of children’s rights, their needs and interests, and that she participated in the recent round of public hearings on the Children’s Amendment Bill hosted by the Portfolio Committee on Social Development;
(4) recalls that 943 children were murdered and more than 24 000 were sexually assaulted in the country according to the 2019-20 crime statistics of the South African Police Service;
(5) acknowledges that it is important to invest in our children’s futures if we want to bolster the economic development of the Republic; and
(6) congratulates Ms Nomdo on her appointment, her dedication and compassion as she continues to be a champion for children’s rights, and wishes her well in her future endeavours.
Agreed to.
THE PASSING OF A STUDENT, MS YONWABO MANYANYA
(Draft Resolution)
Ms E N NTLANGWINI: Chairperson, I move without notice:
That the House-
(1) the passing of Ms Yonwabo Manyanya, a student who was studying towards a diploma in electrical and infrastructure at eThekwini TVET Colleges;
(2) further notes the allegations that she died of hunger and fatigue after spending three days sleeping outside campus because she was evicted from her accommodation when NSFAS failed to pay for her accommodation and stipend on time;
(3) condemns the cost of life resulting from incompetence, corruption, mismanagement of state resources and misguided austerity measures;
(4) further condemns that people have to die because of government’s failures and acknowledges that the passing of Yonwabo Manyanya was preventable;
(5) conveys its deepest condolences to the Manyanya family; and
(6) calls on students to remain vigilant and continue with the call for free decolonised education.
In the light of the objection, the motion without notice will become a notice of motion.
PROF PITIKA NTULI AWARDED THE GLOBAL FINE ART PEOPLE’S CHOICE
(Draft Resolution)
Ms B N DLULANE: Mr Speaker, I move without notice:
That the House-
(1) notes that a South African sculptor, poet and writer Prof Pitika Ntuli was awarded the Global Fine Art People’s Choice “You-2" on Tuesday, 18 May 2021, in Paris;
(2) acknowledges that Ntuli’s Azibuyele Emasisweni, Return to the Source, -an online exhibition of the bone sculptures hosted by the Melrose Gallery -won the “You-2” award;
(3) understands that there were 116 nominees, which included exhibitions from some of the most established art galleries and museums in the world;
(4) remembers that Prof Ntuli’s works are underlined with political and spiritual references and each of his sculptures is accompanied by a poem; and
(5) congratulates Prof Ntuli on winning the prestigious award.
Agreed to
MS PATRICIA DE LILLE’S ACCELERATION OF LAND REFORM
(Draft Resolution)
Mr S N AUGUST: Mr Speaker, I move without notice:
That the House-
(1) notes that the Good leader and Minister of Public Work’s and Infrastructure, Ms Patricia de Lille’s acceleration of land reform over the past 12 months;
(2) acknowledges that 25 500 hectares of farm land was released for land redistribution with 3 000 hectares of city land that has been released for human settlements;
(3) recognises 2 500 hectares of land has been released to finalise transfers to land claims; and
(4) further notes that there is still a long way to go but this is good progress in the right direction within our land reform endeavours.
In the light of the objection, the motion without notice will become a notice of motion.
THIRD WAVE OF THE COVID-19 VIRUS INFECTION
(Draft Resolution)
Mr A M SHAIK EMAM: Mr Speaker, I move without notice:
That the House-
(1) notes the third wave of the covid-19 virus infection has now reached many provinces in the country;
(2) further notes that:
(1) (a)Gauteng, Free State, Northern Cape, and North West Provinces have already recorded high rates of infection and covid-19 deaths; and
(2) b) health experts and scientists are predicting that the third wave will hit the Western Cape and other provinces within 2 weeks;
(3) expresses its concern that South Africans appear to be very complacent and are no complying with regulations calling upon them to practice social distancing, to wear masks, and to wash hands or sanitize regularly;
(4) realises that there is an increase in infections amongst learners at schools;
(5) understands that in the last 24 hours, there have been over 4 623 new infections in South Africa with
102 further covid-19 deaths, a clear indication that a crisis is looming in the country;
(6) acknowledges that whilst the national Department of Health expressed its grave concerns on the high infections rate and deaths countrywide, there has been no response from the national Department of Health or government to put in additional measures to address the escalation in infections; and
(7) calls on government to consider and implement as a matter of urgency additional measures to contain the high infection rate.
Agreed to.
PASSING OF FORMER MEMBER OF PARLIAMENT DUMISILE NHLENGETHWA
(Draft Resolution)
Ms S R VAN SCHALKWYK: Hon Chairperson, the ANC moves without notice:
That the House—
(1) notes with sadness the passing on of the former Member of Parliament and former Mpumalanga MEC, Cde Dumisile Nhlengethwa on Monday 24 May 2021 at the age of 51;
(2) acknowledges that Cde Dumisile was a remarkable and seasoned woman leader who never missed any stage of development in the revolution;
(3) understands that at the time of her passing she was serving as the member of the mayoral committee leading the Infrastructure and Technical Services portfolio in the Gert Sibande District Municipality;
(4) recalls that in 1999 she was elected as a Member of Parliament and diligently served as the Chairperson of Agriculture and Land Affairs and later Chairperson of the Co- operative Governance and Traditional Affairs;
(5) further recalls that in 2014 she joined the Mpumalanga Legislature and was deployed as the MEC to the Department of Public Roads and Transport;
(6) remembers Dumi as a leader committed in the struggle towards
total emancipation of women and;
(7) conveys condolences to the Nhlengethwa family, friends and the African National Congress.
Agreed to.
PASSING OF KWAITO MUSICIAN MOJALEFA MJOKES EMMANUEL MATSANE
(Draft Resolution)
Mr T MALATJI: Hon Chairperson, the ANC moves without notice:
That the House—
(1) notes with sadness the passing on of one the veteran kwaito musician Mojalefa Emmanuel “Mjokes” Matsane, a member of the Trompies music group, on Sunday 23rd May 2021 in a car accident;
(2) acknowledges that Mjokes is one fifth of the popular and much loved kwaito pioneers Trompies which played a huge role in shaping the kwaito music industry in South Africa;
(3) remembers that Trompies began making music in 1990 and released their debut album Sigiya Ngengoma in 1995;
(4) recalls that he, together with his friends started Kalawa Jazmee music a company which has gone on to produce
superstars such as Boomshaka, Mafikizolo and others and;
(5) conveys condolences to his family, loved ones and colleagues in the music industry.
Agreed to.
CELEBRATING HUNDRED AND ONE BIRTHDAY
(Draft Resolution)
Ms M B HICKLIN: Hon House Chair, I hereby move without notice on behalf of the DA:
That the House—
(1) notes Mrs Helen Richfield celebrated her 101 birthday on 25 March 2021;
(2) further notes that Mrs Richfield who lived in Cape Town for the last 73 years is in excellent health despite waiting for her COVID-19 vaccination;
(3) notes that after she married Mr Lesley Richfield in 1914, the couple immigrated to South Africa on the board of the Dominion Monarch sailed that through the Suez Canal and down the East Coast of Africa before docking in Cape Town;
(4) acknowledges that she lives an independent life in Cape Town near her son Julian and daughter in law Rosily and;
(5) congratulates Mrs Richfield on her birthday and wishes her well for the coming year.
Agreed to.
PASSING OF DR ISMAIL JAKOET
(Draft Resolution)
Mr M G E HENDRICKS: Hon Chairperson, I move without notice on behalf of Aljama-ah:
That the House—
(1) notes the sad passing of Dr Ismail Jakoet of Pinelands in the Western Cape on 25 May 2021;
(2) recognising that as a titan who made the only call in the Muslim community on the release of President Nelson Mandela;
(3) further recognises his assistance with the drafting of the resolution of over a 100 Muslim organisation on the Free Mandela Campaign;
(4) acknowledges that he played an important role to unite South Africa by being known as the rugby doctor and we know that President Mandela recognises the role rugby played to unite South Africans and we remember President Mandela’s famous words, “Captain my captain;
(5) further acknowledges that Aljama-ah extends its condolences to the family, friends and to the Muslim community and especially to his brother who loved him so much.
Agreed to.
A THOUSAND KILOMITRE WALK
(Draft Resolution)
Mr A C ROOS: Hon Chairperson, I hereby move without notice on behalf of the DA:
That the House—
(1) notes that Mr Petros Seto walked over a thousand kilometres to the Union Buildings to deliver a memorandum to the President of the Republic, Mr M C Ramaphosa;
(2) further notes that Mr Seto undertook this important initiative to raise awareness that all farmers and farm workers irrespective of their race or social economic background are being affected by farm attacks and to call for an end to farm attacks;
(3) recognises that Mr Seto put into place the call of one of the greatest anti-apartheid parliamentarian Ms Hellen Suzman to go and see for yourself and touched the lives of thousand South Africans along the way;
(4) congratulates Mr Seto on this tremendous achievement and wishes him well on his future endeavours.
Agreed to.
THIRTY ONE MAY IS WORLD NO TOBACCO DAY
(Draft Resolution)
Ms M L LUBENGO: Hon House Chairperson, the ANC moves without notice:
That the House—
(1) notes that World No Tobacco Day is held on 31 May each year;
(2) further notes that on this day nongovernmental organizations and governments unite to draw attention to the health problems that tobacco use can cause;
(3) acknowledges that medical research made it clear during the 1900s that tobacco use increased the likelihood of many illnesses including heart attacks, strokes, Chronic Obstructive Pulmonary Disease, emphysema and many forms of cancer;
(4) further acknowledges that the World Health Organisation, WHO reports 8 million deaths every year due to the consumption of tobacco;
(5) understands that the theme for 2021 is “Commit to Quit” and;
(6) calls on all to observe this day and to help spread awareness about the risks of tobacco use and how we can make the world tobacco free.
Agreed to.
NOTICES OF MOTION
Ms T V B MCHUNU: Hon Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House-
debates national transformation in the context of a growing global information and knowledge society.
Mr M S F DE FREITAS: Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:
That the House:
debates how government’s extended COVID-19 lockdown regulations have decimated the tourism sector, and solutions to fix this.
Ms E N NTLANGWINI: Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of the EFF:
That the House—
debates Public Works’ empty spaces in order to ensure that
students have effective accommodation.
Ndebele:
Nom G M SKOSANA: Sihlalo ohloniphekileko ngiyatjhukumisa egameni le- ANC bonyana iNdlu le ehloniphekileko ekuhlaleni kwayo okulandelako:
Bonyana iNdlu le —
ibonanisane ngeentjhijilo esiyokuqalana nazo ngemva kwesikhathi sengogwana i-COVID-19 mayelana nokusimamisa umnotho wephasi loke nokufezekiza iinrhuluphelo zetuthuoa, ukufaka hlangana, nokufikelela amagondelo wetuthuko edzimeleleko.
English:
Mr M HLENGWA: Hon Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the IFP:
That the House—
debates the need to amend chapters 7 and 12 of the Constitution to determine the roles, powers and functions of traditional leaders, traditional leadership institutions and provide for legislative changes to provide for the allocation of resources and support to offices attached to traditional leadership and institutions.
Mr P A VAN STADEN: Madam Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the
FF Plus:
That the House—
debates the corruption of the Department of Health, the alleged involvement of the company Digital Vibes and the devastating effects that corruption has on the Department of Health.
Mr H G APRIL: Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House—
debates and addresses the increasing incidents of armed
robberies and violence in some of our country’s schools.
Mr W M THRING: Hon Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ACDP:
That the House—
debates the escalation of gang violence on the Cape Flats and its serious risks to the security and stability of the country.
Mr T B MABHENA: Hon Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:
That the House—
debates the ongoing road carnage on the R573 Moloto Road that senselessly continues to claim many lives, and steps to stop the road carnage and address the slow pace and lack of compensation to the families of the victims of these accidents.
Ms E N NTLANGWINI: Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of the EFF:
That the House—
debates the effectiveness of state entities and the role they
can play towards the country’s fiscus.
Ms N T MKHATSHWA: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House—
debates strengthening consequence management with regards to effective, speedy and consistent disciplinary mechanisms within departments.
Mr A M SHAIK EMAM: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the NFP:
deliberates and resolves to erect a national monument or statue on the National Assembly precinct to honour princess Krotoa, the mother of the first indigenous nation in South Africa, the Khoi and San.
The CHAIRPERSON (Ms R M M Lesoma): Before I recognise the member of the ANC, can anyone who has not been given an opportunity to speak mute his or her microphone? That will help us so that we can concentrate and finish the business of the day.
Ms T B V MCHUNU: Hon Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House—
debates the impact of climate change on the potential to reduce food production and the availability of potable water which will require far-reaching changes to the way people live and work.
Mr L M NTSHAYISA: Hon Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the AIC:
debates the challenges in the tender system and what impact they have on the poor and on black economic empowerment, BEE.
Ms J S MANANISO: Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House—
debates sharpening South Africa’s innovative edge to contribute to global scientific and technological advancement by ensuring greater investment in research and development.
Mr G K Y CACHALIA: Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:
That the House—
(1) debates Eskom’s ability, the implications, sustainability and requirements for the supply of affordable and available electricity to drive the needs of the economy and services as required by the citizenry;
(2) notes that we continue to be load shed during COVID, the lowest demand period on record since 2007; and
(3) accordingly moves that in its next sitting this House debates the state of the utility and the viability of interventions — operational, financial and structural — to meet the nation’s needs.
Mr M G E HENDRICKS: Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of Al Jama-ah:
That the House—
debates the matter of occupation so that we can look Oliver Tambo and our other ancestor Nelson Mandela in the eye. We feel that the fighting in occupied Western Sahara and the impact of the 11 days of killing of children in the conflict, especially in occupied Palestine, is an important matter to be debated by this Parliament.
Mr H G APRIL: Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House— debates preventing incidents of mob justice in communities and also restoring the trust of the community in policing.
The House adjourned at 18:04.
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