House: National Council of Provinces

Date of Meeting: 20 Nov 2012

Summary

No summary available.

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Minutes

UNREVISED HANSARD

TUESDAY, 20 NOVEMBER 2012

PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES

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The Council met at 14:00.

 

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

 

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.

 

NOTICES OF MOTION

 

Mr M W MAKHUBELA: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of Cope:

 

That the Council –

 

1. debates the depressed state of affairs in which South Africa finds itself and the fact that the country seems to be deteriorating into a meaningless democracy with no joy or happiness for our people; and

 

1. assesses the ability of this present government and the nation at large to come together and find a way of lifting the spirit of our nation and giving direction to future generations.

 

Mrs B L ABRAHAMS: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:

 

That the Council notes that the Department of Human Settlements is to investigate why the Diepkloof Hostel has been standing vacant for so long, while the hostel community still live in appalling circumstances.

 

Mrs A N D QIKANI: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

 

That the Council –

 

1. notes that the DA, its leader Helen Zille, and most of the farmers in the Western Cape remain in denial of the plight of farm workers, who require better wages and living conditions, claiming that government is to be blamed for the low wages paid by the farmers, as it is government that determines the minimum wage;

 

1. notes that although the Minister of Labour determines the minimum wage, she determines the minimum cash portion only and does so in consultation with all role-players, including the DA and the farmers, and on the basis that the workers receive not only the cash portion but also other benefits, such as housing and the like, and also that farmers are not restricted to paying only the minimum;

 

1. condemns the silence of the DA and farmers on those farmers who are importing foreign labour, whom they not only fail to pay a living wage, but also fail to provide with any housing and other essential services and whom they now want government to take responsibility for;

 

1. also condemns their silence on the desperation of the workers who see their children suffer and go hungry, without access to proper housing and other services; and

 

1. takes this opportunity to commend those farmers who treat their workers humanely and with dignity, and calls on the DA to come out in public and call on farmers to treat their workers humanely, to pay them a living wage and not only the mere R10 increase they have offered, and to improve their inhumane and dismal living conditions.

 

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

 

That the Council –

 

1. notes that the Auditor-General, Terence Nombembe, stated that nearly R150 million in payments had been incurred by the Free State department of economic development, tourism and environmental Affairs in the 2011-12 financial year;

 

1. further notes that the Auditor-General said that the department had also spent a total of more than R37 million in irregular and wasteful expenditure;

 

1. also notes that the report raises a concern that the department was failing to market the different resorts in the province and not keeping them in good operating order;

 

1. also notes that the Auditor-General stated that the department had also underspent its budget by R8,659 million;

 

1. further notes that the department has failed to implement some environmental and economic development programmes during the year under review; and

 

1. notes that this is a very poor state of affairs if the Free State wishes to market itself as a tourist destination with all its potential, wonderful beauty and attractions.

 

Mr D V BLOEM: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of Cope:

 

That the Council–

 

1. debates the facts that the ruling party in Gauteng is bulldozing houses in Lenasia and the former liberation movement has become the new oppressor;

 

1. notes that the current ANC is turning against the Freedom Charter ...

 

[Interjections.] ...

 

The CHAIRPERSON OF THE NCOP: Order, hon Bloem.

 

The CHIEF WHIP OF THE COUNCIL: Chairperson, there are two things to note about that motion. Firstly, the matter is in court. Secondly, it is not the ANC doing so but the council. Can we please make sure that we check which issues are before court and whether we can move motions about them? [Interjections.]

 

The CHAIRPERSON OF THE NCOP: Hon members, when a matter is before the court, we don’t normally raise or discuss its merits or demerits here. Hon member, you can finish your motion. I don’t know how long it is. However, you can expect that we may withdraw it after we have studied it carefully.

 

Mr D V BLOEM: Thank you, Chair.

 

... which clearly states, “There shall be houses, security and comfort!”, where the ANC has turned this clause into: “There shall be no houses, no security and no comfort!”

 

[Interjections.]

 

The CHIEF WHIP OF THE COUNCIL: Chair, it’s a pity that you didn’t rule on the first point of order. I think we must also look at the legalities and at where, when and how it is happening – at all those things - because that is not true.

 

The CHAIRPERSON OF THE NCOP: No, it is fine. I said I would come with a ruling. I wanted to hear the motion. I need to study the motion and where the court processes are. Then I will rule on that.

 

Mr D V BLOEM: I really appreciate your indulgence, Chair.

 

Mr L P M NZIMANDE: Hon Chair, I contend that the issue is that the member is misleading the House. It’s not the ANC doing that. He must submit a substantive motion to the effect that the ANC has changed its policy on housing.

 

The CHAIRPERSON OF THE NCOP: I have listened to all that. Let me quickly check the Rules. Rule 80 states that:

 

A notice of motion which offends against practice, the Council Rules or the Joint Rules, may be amended or otherwise dealt with as the Chairperson of the Council may decide.

 

This is what I’m saying. I am going to do that in terms of this Rule Book. Continue, hon member.

 

Mr D V BLOEM: Thank you, Chair. I continue with my notice of motion as follows:

 

1. acknowledges that mothers, children and families are crying as their hard-earned money is destroyed by the people they voted into power;

 

1. notes that the ruling party has left many families in Lenasia to face a black Christmas and a bleak future, disrupting people who are writing their final examinations and leaving them traumatised; and
2. acknowledges that Cope condemns this heartless and shameless action by the ANC and demands that they immediately stop this barbaric action.

 

Mr S D MONTSITSI: Chairperson, on a point of order: It might not be stated in the Rules, but I think it would be good if in future the Rules did not accommodate motions that mislead the House and the people out there. Negotiations on this issue of the land that was stolen from the then Department of Housing and invaded, started a long time ago, in 2006 ... [Interjections.]

 

The CHAIRPERSON OF THE NCOP: Hon member, don’t start another debate. You are rising on a point of order. What is your point of order?

 

Mr S D MONTSITSI: Chairperson, to come to my point of order directly: In future the Rules should not make accommodate motions like Dennis Bloem’s one and allow themto see the light of day.

 

The CHAIRPERSON OF THE NCOP: The chairperson of the Rules review committee is in the House. He said we should look at our Rules and whether they needed to be changed or not. That would be for all of us – the Rules committee is a multiparty committee. We continue with motions.

 

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

That the Council –

 

1. discusses the above-inflation increase, a 16% price increase, proposed by Eskom;

 

1. notes that whilst government is making progress in supplying basic needs, eg water and sanitation, to the poor, the supply and affordability of electricity contributes to quality of life and economic growth;

 

1. further notes that Eskom is a profit-making government parastatal where the top management receive huge bonus increases at the expense of the unemployed, the poor people and small businesses who cannot afford electricity price increases; and

 

1. calls on government to fast-track the use of alternative energy methods to keep the price of electricity affordable.

 

Mr M J R DE VILLIERS: 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 Council–

 

1. debates a question put to the President of South Africa, Hon Jacob Zuma, in the National Assembly, relating to his private residence at Nkandla;

 

1. further notes that his Excellency replied that his family paid for the development with money out of a bond;

 

1. also notes that, if this is true, there will be proof of the loan and the amount received from the financial institution;

 

1. further notes that, if this is not true, his Excellency President J G Zuma misled Parliament by misusing his position as President by dealing with the truth shamefully and disgracefully with the people of South Africa; and

 

1. also notes that this is a huge mistake and an act of bringing the honour of Parliament into disrepute.

 

The CHAIRPERSON OF THE NCOP: Hon member, you cannot appeal to a presiding officer in a different House. [Interjections.] We will look at your motion - there is a possibility that it may be amended.

 

Mr S H PLAATJIE: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of Cope:

 

That the Council–

 

1. notes the syndicate operating in public hospitals and targeting car accident victims;

 

1. further notes that victims are being approached by lawyer’s agents, with the help of hospital staff members, as they are touting for business;

 

1. also notes that records of victims, with confidential information, are being given to these agents without the consent of the victims or family members; and

 

1. calls on the relevant department to develop prevention measures to stop this touting and the collusion between hospital staff and agents.

 

FORMER NORTH WEST PRISONER BECOME SUCCESSFUL

 

(Draft Resolution)

 

Mr V M MANZINI: Hon Chairperson, I move without notice:

 

That the Council notes that -

 

1. the dreams of a 43-year-old North West man, Simon Magapong, who served eight years behind bars for armed robbery, have come true;

 

1. his dream was realised when a delegation of 10 South Sudanese on a fact-finding tour visited his project to learn more about how he breeds pigs;

 

1. Magapong started a pig farming project in 2005, a year after he was released from prison;

 

1. Magapong passed matric and acquired an animal husbandry certificate while in prison;

 

1. with several other residents Magapong formed a cooperative that led to the pig project, which resulted in business with several abattoirs around North West;

 

1. the project breeds Landrace and Duroc pigs; and

 

1. their pigs are top of the range and the quality of the meat is of a high standard.

 

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

 

CONTRIBUTION BY FISHERIES SECTOR TO ECONOMIC GROWTH AND JOB CREATION IN NORTHERN CAPE

 

(Draft Resolution)

 

Mr G G MOKGORO: Hon Chairperson, I move without notice:

 

That the Council -

 

1. notes that the fisheries sector has the potential to be a major contributor to economic growth and job creation in the Northern Cape, but that the bulk of the fish caught off the Northern Cape Coast is currently being processed at harbours in the Western Cape;

 

1. further notes that a huge potential for aquaculture or fish farming, including inland fish farming, exists in the Northern Cape, especially along the coastline, with the potential to create thousands of new direct and indirect jobs;

 

1. also notes that aquaculture currently accounts for almost 50 million tons of fish products in the world per year, which is one half of all fish products consumed globally, while Africa has a market share of 1%, with South Africa only 1% of the Africa slice;
2. recognises that there are existing projects of this nature in the Northern Cape and calls on the provincial government to explore the further expansion of this industry; and

 

1. calls on the national government and all relevant line departments to support and assist the province and, if necessary, to integrate existing legislation and regulatory prescripts or to develop new legislation and regulations.

 

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

 

NEW TECHNOLOGY FOR PRODUCTION OF HIGH-GRADE COPPER FROM MINING WASTE

 

(Draft Resolution)

 

Mr M P SIBANDE: Hon Chairperson, I move without notice:

 

That the Council -

 

1. notes the major breakthrough by a South African company, Cuperex (Pty) Ltd, in developing and patenting unique technology to produce high-grade copper from mining waste, unusable copper deposits in mining dumps, and tailing dams at existing mines;

 

1. further notes that the first plant to use this technology is under construction in the formerly thriving copper mining area of the Northern Cape at Spectakel Mine near Springbok, and that not only will this boost economic growth and job creation in the area but also boost and regenerate this economically ravaged area.

 

1. Some of the advantages of the plant and the process include:

 

1. mobility in that it can be moved from site to site to save the costs of transporting the raw material;

 

1. the plant can be powered by locally generated power, without any burden on the national power grid;

 

1. the process is environmentally friendly, with low water usage and no harmful by-products; and

 

1. relatively low skilled personnel are required for its operation; and

 

1. welcomes the economic boost that this project will give and the jobs it will create and commends the company on this innovative and unique invention which reaffirms South Africa’s place as a global player in the field of science and technology.

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

 

IMPACT OF VELD FIRE CAUSED BY LIGHTNING IN NORTHERN CAPE

 

(Draft Resolution)

 

Mr W F FABER: Hon Chairperson, I move without notice:

 

That the Council -

 

1. notes that at least 70 000 ha on approximately 50 farms in the Northern Cape have been affected by uncontrollable veld fires that were caused by lightning last week;

 

1. further notes that the fires started on Tuesday and spread over a large area of approximately 20 km, and the extent of the devastation of grazing and loss of cattle are yet to be determined, as the fires are still raging;

 

1. the SA Air Force, with two helicopters, has also been called in to help, while Mr De Bruin, a farmer from the Reivilo district, was saved by brave workers while they were fighting the fire, and he suffered second degree burns; and

 

1. calls on the Minister of Agriculture Forestry and Fisheries, to assist Northern Cape farmers, as most have no grazing left and have already suffered great loss.

 

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

 

PASSING ON OF ME S N MTHETHWA OF KZN LEGISLATURE

 

(Draft Resolution)

 

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

 

That the Council -

 

1. notes the passing on of hon S N Mthethwa last week, who was a Chair of Chairs in KZN legislature and was laid to rest last weekend;

 

1. further notes that hon S N Mthethwa had contributed to the struggle as a Cosatu leader, a dedicated ANC member and a good administrator; and

 

1. also notes that it is not only the family that has lost him but also the ANC, the KwaZulu-Natal legislature and the people of South Africa.

 

May his soul rest in peace.

 

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

 

ECONOMIC SIGNIFICANCE OF RAILWAY JUNCTION AT DE AAR AND SISHEN-SALDANHA LINE

 

(Draft Resolution)

 

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

 

That the Council -

 

1. notes  that, given the major national focus on upgrading South Africa’s railway infrastructure, the Northern Cape has two of the most significant railway structures in the country, namely, the railway junction at De Aar, which links the whole western side of the country, and the Sishen-Saldanha railway line;

 

1. further notes that with rail transport being central to the future of the country’s transport plan, De Aar, as an already important terminus, is extremely well located as a major freight transport hub and as the site for a freight intermodal; and

 

1. welcomes the plans of the Northern Cape government to align the provincial priorities for the transport sector with national plans and calls on the nation, as well as the provincial government, to urgently pursue their plans and their commitment in this regard in order to stimulate economic growth and job creation in the region.

 

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

 

THAI CITIZEN SENTENCED TO 40 YEARS IN PRISON FOR RHINO POACHING

 

(Draft Resolution)

 

Mrs M C DIKGALE: Hon Chairperson, I move without notice:

 

That the Council -

 

1. notes that a Thai citizen was found guilty of rhino poaching and the smuggling of rhino horn from South Africa to Asia, and sentenced to 40 years in prison in Johannesburg last week;

 

1. further notes that this followed comprehensive investigative work and co-operation between various law enforcement agencies, and that this was the first time that the state was able to arrest and successfully prosecute one of the most senior people in an international syndicate smuggling rhino horn;

 

1. also note that rhino poaching has reached record levels and threatens the government’s efforts to preserve the environment and the economic stability of South Africa, and therefore welcomes the sentence and commends the National Prosecution Authority and law enforcement agencies for their success in this matter; and

 

1. calls on the government to urgently develop and implement measures to combat rhino poaching and smuggling of rhino horn effectively and further to stop the abuse of the entire system, including the movement of people in and out of South Africa, the issuing of hunting permits, and the enforcement of environmental and other laws.

 

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

 

SIU UNCOVERS CORRUPT PRACTICES IN NORTH WEST PROVINCE MUNICIPALITIES

 

(Draft Resolution)

 

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

 

That the Council -

1. notes that the Special Investigating Unit has investigated 24 municipalities in North West following a presidential proclamation by President Zuma in 2009;

 

1. further notes with concern that the investigation has uncovered a wide range instances of irregular tender processes, noncompliance with legislation, irregular appointments, conflicts of interest where officials have benefited from contracts with municipalities, loss of revenue due to the failure to include properties in the fixed asset register, and fraudulent cheques; and

 

1. calls on the provincial government, National Treasury, the provincial and National Departments of Co-operative Governance and Traditional Affairs, and Salga to intervene and to ensure that measures and programmes are immediately implemented to strengthen management and financial control, and further to ensure that all losses are recovered and disciplinary steps are taken against all officials involved.

 

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

 

CONTINUED EXISTENCE OF BUCKET SYSTEM IN NORTHERN CAPE

 

(Draft Resolution)

 

Ms M L MOSHODI: Hon Chairperson, I move without notice:

 

That the Council -

 

1. notes with concern that despite the call and the commitment from the ANC and the government to eradicate the bucket system in informal settlements by the end of 2007, the bucket system still exists in certain areas in the Northern Cape;

 

1. acknowledges that some municipalities have experienced certain challenges in eradicating the bucket system completely and replacing it with the VIP ablution system or a waterborne system because of water scarcity or communities rejecting the VIP alternative and insisting on a waterborne system; and

 

1. calls on the municipalities concerned to address the matter urgently, to apply for national funding if necessary, and to call on the provincial government, as well as the Department of Water and Environment Affairs and the Department of Co-operative Governance and Traditional Affairs, to assess and monitor the matter closely and support municipalities appropriately.

 

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

 

CONSTRUCTION OF GAUTENG AUTOMOTIVE TRAINING ACADEMY

 

(Draft Resolution)

 

Mr S D MONTSITSI: Hon Chairperson, I move without notice:

 

That the Council -

 

1. notes that the Gauteng provincial government and Nissan South Africa last week officially announced the construction of the Gauteng Automotive Training Academy, which will open its doors early in 2013 with the objective of addressing the shortage of vehicle assemblers, manufacturers, dealers, after-sale support networks, and mechanics;

 

1. acknowledges that skills development and the training of artisans are vital to the sustainability of the South African vehicle industry and the South African economy;

 

1. also notes that this initiative not only demonstrates Nissan’s commitment to the industry’s long-term survival, but demonstrates the commitment of the provincial government to stimulating economic growth and job creation and to growing the automotive industry;

 

1. further notes that the academy will, amongst others, also house a world-class automotive manufacturing training simulator to raise the assembly capabilities of employees for the production of new vehicles; and

 

1. commends the Gauteng provincial government and Nissan South Africa on this initiative.

 

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

 

The CHAIRPERSON OF THE NCOP: Hon members, there will be a small change in the sequence of the orders on the Order Paper. We will deal with the two Bills at the end and start with the subject for discussion.

 

UNPARLIAMENTARY LANGUAGE

 

(Ruling)

The CHAIRPERSON OF THE NCOP: Order, hon members! Before hon Ma Ntuli starts, I want to make a ruling, as I promised the other day. I promised that I would study the unrevised Hansard and come back with a ruling.

 

In the course of our plenary on Thursday, 1 November 2012, the hon Mazosiwe put a point of order about remarks made by the hon Feldman. Mr Mazosiwe contended that the remark made by hon Feldman when he said, “If all the Ministers could be so honest, it would be a better country”, was unparliamentary. He asked the Speaker to make a ruling on this, since it was a serious statement.

 

Having had the opportunity to study the unrevised Hansard, I wish to rule as follows. In terms of Rule 30, a member of the Council has “freedom of speech in the Council and in its committees”. However, that is subject, among other things, to Rule 46(a), which stipulates that: “No member may ... use offensive or unbecoming language in the Council”. It is the function of the presiding officer to determine whether a particular remark made in debate is offensive or contrary to the Rules or not.

 

In arriving at the decision, the presiding officer will be guided by any precedent Parliament has set for itself. Since the inception of this House, presiding officers have ruled on a number of occasions that members may not impute improper motives to or cast aspersions on the integrity of other members or members of the national executive or verbally abuse them in any other way.

 

If such accusations, whether made directly or by inference, were to be generally allowed in debates in the House, they would not only seriously undermine delegates or members of the executive in their performance of their duties, but also undermine the image and effectiveness of Parliament itself to function as the Constitution intends.

This approach is also in keeping with the practice in other parliamentary jurisdictions. As accusations are equally offensive and damaging, whether they are made indirectly by inference or put by way of a question, I want to appeal to hon members not to abuse their freedom of speech and to refrain from making remarks that could be regarded as offensive. It is neither worthy of the dignity of the House nor conducive to orderly and effective debate.

 

It is clear that the remarks made by hon Feldman cast negative aspersions on the other Ministers by implying that they were not honest. I therefore rule that the remarks made by hon Feldman were unparliamentary and I call on the hon member to withdraw them.

 

Mr D B FELDMAN: Thank you, hon Chairperson. I accept your decision and I withdraw it. Thank you. [Applause.]

 

DEBATE ON CHILDREN’S DAY: PROTECTING AND NURTURING OUR CHILDREN TO REALISE THEIR FULL POTENTIAL

 

(Subject for Discussion)

 

The DEPUTY MINISTER OF SOCIAL DEVELOPMENT: Hon Chairperson, hon members of the Select Committee on Social Services and hon members, thank you for the opportunity to address the House on the special occasion, which has the theme “Protecting and nurturing our children to realise their full potential”. I welcome the opportunity to share with you just a few of the Department of Social Development’s many initiatives to protect and nurture the children of our country.

 

The protection of children lies at the heart of the ANC government and it remains an enduring principle of our work. Since being elected in 1994, we have undertaken various initiatives in partnership with nongovernmental organisations and community-based organisations to work towards the goal of ensuring that children have the best opportunity to develop their potential.

 

Many of these initiatives focus on the needs of vulnerable children and their families. The values and principles at the heart of these programmes and interventions affirm the developmental needs and wellbeing of children and make the best interests of the child their primary consideration.

 

The child-centred approach of the many programmes we have put in place is consistent with section 28 of the Constitution, which outlines all the rights accorded to the children of our country. They are also consistent with regional and international instruments, including the African Charter on the Rights and Welfare of the Child, and with the principles contained in the UN Convention on the Rights of the Child.

 

The Children’s Act which came into operation in 2010 gives meaning to the rights outlined in the Constitution. The Act is a comprehensive piece of legislation that seeks to afford children the necessary care and protection. It also creates an enabling environment so that all children can develop to their full potential, in order to increase their opportunities to make a positive contribution to our society as adults.

 

In one of his many addresses, the first President of our democratic country and former president of the ANC, Nelson Mandela, said,

 

There can be no keener revelation of a society's soul than the way in which it treats its children.

 

Since 1994 government has made giant strides in strengthening early interventions and prevention efforts, as well as improving services and support for vulnerable children.

 

Regarding the tackling of child poverty, over 11 million eligible children receive the child support grant, while over half a million benefit from the foster care grant. In addition, government has introduced a variety of initiatives aimed at ensuring the welfare and wellbeing of South African children ...

 

... ngaphandle-ke kwalaba abavele sebelandelwa yiziqalekiso ngenxa yokuhlukumeza abantwana. [... except for those who have already been cursed for abusing children.]

 

These include the expansion of educational opportunities, the no-fee schools initiative, the school feeding scheme and the provision of primary health care services.

 

In line with the provision of section 7 of the Children’s Act, we have put in place the National Policy Framework and Strategic Plan for the Prevention and Management of Child Abuse, Neglect and Exploitation. We have also set up the National Child Protection Register to screen those working with children and prospective employees in order to reduce the possibility of harm that will come to those in their care.

 

Government also continues with efforts to improve universal access to education for all children. As you all know, education is an apex priority of this government. Accordingly, we launched the national early childhood development, ECD, campaign in 2010. This programme reaffirms government’s commitment to providing children and young people with the best possible start in life. We have always emphasised that the protection of children cannot be separated from policies aiming to improve children’s lives as a whole.

 

We believe that promoting the healthy development of children, especially in the early stages, is a critical social and economic investment in the future of our country. As Nelson Mandela said:

 

A caring society protects and nurtures all its children, particularly the most vulnerable, so that they grow up to be productive citizens later in their lives.

 

Our aim is to significantly extend the coverage and quality of early childhood development services to vulnerable children, with a particular focus on rural and informal settlements across the country. This is important if we are to break the cycle of intergenerational poverty. In this regard, we have committed the National Development Agency to strengthening ECD centres throughout the country. Among other key prioritiess, the agency will focus on improving ECD facilities and especially on building the capacity of practitioners.

 

While good progress has been made in the past 18 years, we must concede that much more remains to be done, especially for children with disabilities and their families. As government, we are determined to do more and to provide every opportunity for all South African children to achieve their potential.

 

A central theme in our programme and interventions is supporting parents and families so that they can raise their own children, because the family is the bedrock of our society. We recognise that the primary responsibility for caring for and supporting children lies with parents, families and communities - and that is what the Green Paper on Families seeks to achieve. The Green Paper emphasises the need for all to build strong families that protect the most vulnerable members of our society. It aims to shift the focus of government services from purely targeting individuals to responding to their needs as family members.

 

The nongovernmental sector is essential to supporting families and children, and we seek to maximise its participation in providing child and family services. We recognise the compassion and determination of men and women in the sector who work tirelessly in support of our efforts to protect and nurture the children of our country.

 

In August this year we hosted a national consultative summit with nonprofit organisations from across South Africa. Our goal is to support their work by embarking on the building of effective partnerships that build on the foundations created in the last 18 years to enhance services for vulnerable children.

 

Government’s vision for South African children and for widening access to opportunities for a better life is embedded in the National Development Plan, or Vision 2030. The plan outlines a wide range of measures to bolster current initiatives that help South African children and young people to grow up in safer communities and fulfil their potential. Protecting our children has been and continues to be one of our government’s highest priorities.

 

As we have said before, this must be everyone’s business. Government cannot do it alone. It takes all of us, working together, to ensure that every child can grow up safe and able to realise his or her full potential. Our record in the last 18 years demonstrates the benefits of working together with all sectors of our society. It shows that we have worked hard to expand the social safety net and opened the doors of opportunity and inclusion for the children of our country.

 

In the Department of Social Development we are fully aware that protecting and nurturing children starts with providing interventions and expanding opportunities so that all children get a better start in life. We must continue to sustain our efforts until we achieve our goal of making South Africa a safer, more caring and happier place in which to live and raise our children. Children are gifts from God. Those who have children are blessed by God.

 

“Mkhulise umntwana ngendlela ezokuba ngeyakhe ukuze athi uma esekhulile angasuki kuyo.”(IzAga 22:6) Ngiyabonga Sihlalo ngethuba ongiphe lona. [Ihlombe.] (Translation of isiZulu paragraph follows.)

 

[“Train up a child in the way he should go, and when he is old he will not depart from it.”(Proverbs 22:6) Thank you, Chairperson, for the opportunity you have granted me. [Applause.]]

 

Ms M W MAKGATE: Hon Chairperson, Deputy Minister Ntuli, hon Members of Parliament, and ladies and gentlemen, allow me today to sidetrack the debate and take this House back to a month ago, to 18 October 2012, when South Africans were glued to their television screens, watching the e.tv programme SA’s got talent. I take this opportunity to congratulate all the children who participated in that show.

 

Furthermore, I wish to compliment the overall winner, Botlhale Boikanyo, an 11-year-old girl from Mahikeng in the North West - a child who has been well protected and nurtured in order to realise her full potential. We must also thank her parents for raising a child who inspires other children. This is a fitting tribute on the occasion of the debate on “Protecting and nurturing our children to realise their full potential”.

 

Today we are gathered to review our conduct and performance as far as our offspring are concerned. We also review the accompanying responsibilities we have created as individuals, Members of Parliament, parents, the government, society and families. This includes the extent to which we have played our part in protecting and nurturing our children in order for them to realise their full potential.

 

In this respect, we are guided by the Bill of Rights in the Constitution, which is the cornerstone of our democracy and legislation, particularly on the rights of children. We are also guided by the many international instruments intended to support children that inform our legislation, such as the African Charter on the Rights and Welfare of the Child, the National Plan of Action for Children, the Millennium Development Goals and the UN Convention on the Rights of the Child and Related Protocols.

 

Section 28(1)(c) of the Constitution of the Republic provides, among other things, for the right of a child to “basic nutrition, shelter, basic health care services and social services;”. It further provides in section 28(1)(d) that children must “be protected from maltreatment, neglect, abuse or degradation;”. These rights underpin today’s debate. The question is: How much has been done in pursuit of fulfilling these constitutional obligations as a country, families, societies, the government and the nation?

 

We in the ANC have even more responsibilities, which we took upon ourselves at Polokwane in December 2007. Over and above those are the priorities of the 2009 election manifesto. Among other resolutions, we resolved the following relating to children: Firstly, the best interests of the child should be paramount in child-headed households in terms of protection and care; secondly, to prioritise the welfare of children and to develop, monitor and measure the tools that define and deal with poverty among children; and, thirdly, to strengthen the current safety net that deals with poverty in children and the ongoing incidents of disappearance, abuse and neglect, as well as develop a comprehensive strategy on early childhood development.

 

This is the day when we should see how far we have come in implementing the aforementioned resolutions, what impact they have had and what still has to be done to achieve them as a whole and to realise the intended objective.

 

Former President Nelson Mandela once said, and I quote:

 

Our children are the rock on which our future will be built, our greatest asset as a ... country, the creators of our national wealth, those who care for and protect our people.

 

As I am standing here, having quoted our former President, I ask myself: ...

 

... Gore goreng gompieno go diragala gore fa baagi ba Aforika Borwa ba nna le dikgwetlho tsa go sa fitlhelele ditirelo tsa bona, ba bo ba bona go le botlhokwa gore ba kganele bana go ya kwa dikolong? Goreng baagi ba Aforika Borwa ba bona go le botlhokwa gore fa ba rata go fitlhelela ditlhokego tsa bona, ba fise dikolo le dilaeborari? Re tshwanetse gore re le Maaforikaborwa re lebelele gore a seno ke ona mokgwa o re tshwanetseng go o ruta bana ba rona, ba e tla tsogang e le bona baeteledipele, gore fa ba nna le dikgwetlho, ba tshwanetse go senya le go dirisa dikgoka? Seno ke sengwe se e leng gore se batla rona rotlhe jaaka baagi ba Aforika Borwa le maloko a Ntlo eno. (Translation of Setswana paragraph follows.)

 

[... Why is it significant now for the people of South Africa to prevent children from attending school when they have service delivery problems? Why is it important to burn schools and libraries to register service delivery problems? We as South Africans have to decide whether this is the culture that we would like to instil in our children, who are tomorrow’s leaders, that for them to overcome their challenges they must resort to force and violence? This is a challenge that faces all of us as South Africans and members of this House.]

 

It has been established in the North West province that the implementation of the Child Justice Act has not been smooth. The challenge is that different stakeholders interpret the Act differently, particularly the provision relating to foster care. There is also a concern that adoption cases take too long to be finalised because of the long procedural steps provided for in the law governing adoption.

 

There is also a concern on the provincial legislature’s side that intervention programmes to fight poverty are nonexistent, and this is something that calls for intervention by the national government.

 

Besides our local programmes, we should not ignore our international obligations, which have a bearing on the advancement of the local population. One therefore wishes to call for the sustained and co-ordinated implementation of the UN Millennium Development Goals. The year 2015 is around the corner. Now is the time to check how far we have come. Certainly the recent report by the Minister of Health on the reduction of the under-five child mortality rate is encouraging.

 

Let us all show solidarity with the innocent children and the people of Palestine who are suffering from the Israeli occupation and bombardment. Let us reiterate our call for a ceasefire and peace negotiations for a permanent resolution to the conflict because, ...

 

...fa re sa dire jalo, kwa bofelong, ke bana ba ba tlileng go sotlega. [... with a failure to do that, the people who will in the end suffer are the children.]

 

Whereas in the main one has been asking questions, it must also be noted that the democratic government of South Africa, the Department of Social Development, and related departments in the Social Cluster have made great strides. Continue your good work.

 

In conclusion, as the ANC we have ensured that the rights of children in our society find expression and meaning in our Constitution, legislation and government programmes, as well as policies. Our nation remains the champion of the pride of children, in Africa and in various forums on the continent and internationally. [Applause.]

 

Mr V M MANZINI: Hon Chair, today’s theme is “Protecting and nurturing our children to realise their full potential”. Today is the day when we celebrate Universal Children’s Day. Children’s Day is celebrated on various days in many places around the world to honour children globally. It was established in 1954 to protect children who were working long hours under dangerous circumstances and to allow all children to have access to education.

 

The UN General Assembly recommended that all countries should establish a Universal Children’s Day on an appropriate day. The dates vary globally but include a Universal Children’s Day on °20 November as a UN recommendation. The government of the Republic of South Africa declared the first Saturday of November as our national Children’s Day.

 

The aim of our national celebration of Children’s Day is to highlight progress that has been made towards the realisation and promotion of the rights of children. International Children’s Day is unique because its particular focus is on children from underdeveloped countries who are affected by sustained socioeconomic instability, violence and war.

 

The day resonates with issues affecting South Africa’s children, such as institutionalised poverty, HIV/Aids and physical, emotional and sexual abuse. Studies have shown that the impact of abuse on a child is lifelong damage, affecting their development into adulthood.

 

Child abuse, also called cruelty to children, is the wilful and unjustifiable infliction of pain and suffering on children. The term can denote the use of inordinate physical violence; unjustifiable verbal abuse; the failure to furnish proper shelter, nourishment, medical treatment or emotional support; incest, other cases of sexual molestation or rape; and the making of child pornography. Frequently described by the medical profession as “battered child syndrome”, the abusive treatment of children is almost universally proscribed by criminal statutes.

 

Child abuse has serious future consequences for victims. Delays in physical growth, impaired language and cognitive abilities, and problems in personality development, learning and behaviour are common following abuse or neglect. The New York law served as a model for those of other states, all of which now have statutes designating child abuse a criminal offence.

 

Incest and child sexual molestation particularly are underreported. Child abuse is often overlooked by family, friends and health professionals. Prejudice, anxiety and shame, as well as a lack of information, seem to be major reasons for this failure to recognise private forms of violence - a form of tacit denial that leads to their perpetuation.

 

Cruelty to children can have many causes, but several major ones stand out. Abusive patterns of behaviour on the part of parents can be thought of as maladaptive responses to stressful situations and feelings of powerlessness. They represent adults’ warped efforts to master out-of-control situations or to regain psychological equilibrium through imposing their will and power of control on their own defenceless children.

 

Recent psychiatric and paediatric research has found that a high proportion of parents who are guilty of the abusive and inhumane treatment of their children were physically and mentally maltreated themselves as children. Typically overdisciplined and deprived of parental love in their infancy, these parents repeat the pattern with their own children, often in the belief that they are legitimately exercising their parental right to punish a child.

 

Legal remedies for child abuse range from incarceration of the offender to the removal of the abused child from the custody of parents or others guilty of committing the crime.

 

As parents, we have to teach our children. We must guide and teach them norms and values on their way to adulthood. We should not only be protecting them, but teaching and guiding them. These children are the mirrors of what we are today. [Time expired.]

 

Mr T L MAKUNYANE: Hon Chair, hon Chief Whip and hon members, I wish to thank you for this opportunity to take part in this timely and important debate on the future of our society, under the theme “Protecting and nurturing our children to realise their full potential”.

 

Human beings have the longest childhood in the entire animal kingdom. During this period of childhood, the young ones are defenceless and almost entirely dependent on their parents.

 

But it is also during this period that they have not only to learn what the parents can teach them, but also to benefit from the accumulated knowledge that mankind has amassed over time. It is thus the duty not only of the parents but of society as a whole to ensure that this accumulated knowledge is made available to our children through education and training systems. Besides health and nutrition, which are essential for the physical development and wellbeing of our children, especially in their early years, education and training are vital to bring out their full capabilities and potential.

 

However, is not these issues that I wish to talk about. An environment that will enable our children to thrive and realise their full potential is not just about health and education systems, although they are important, but about our habitat and the life support systems that we will bequeath to future generations.

 

It has been said that we have not inherited this planet from our ancestors, but borrowed it from our children. The quality of life of future generations will depend a lot on how we treat our planet today. Climate change, the water crisis, land degradation and the loss of biodiversity are a real threat to the quality of life of our children in the future.

 

The socioeconomic system we are living under puts profit before everything else. It is under this system that we have seen large corporations strip the earth of its forests, pumping greenhouse gases into the atmosphere, and polluting our rivers and water systems. They have fished many species of sea life to extinction and destroyed the land habitats of many other life forms to make space for cash crops.

 

Our continued use of nonrenewable fossil fuels is pumping our delicate atmosphere full of carbon dioxide and other greenhouse gases. This is the earth that we will bequeath to our children and expect them to thrive and realise their full potential!

 

This planet, our home, is the only one we know of in the universe that supports life. Life on it has evolved in such a way that it is a highly complex, intertwined system. For billions of year, it has developed and thrived without us. Homo sapiens has evolved only in the past 200 000 years, but the impact our species has had on the planet is so widespread that some ecologists have come to call it the sixth extinction, or the Holocene extinction.

 

In recent weeks, the magistrate who sentenced the Thai national Chumlong Lemtongthai to 40 years in prison for rhino poaching said that he did not want his children to grow up in a world that would see rhinos only in videos and pictures. We are talking about protecting and nurturing our children to realise their full potential. We want them to access the same environment that we have enjoyed.

 

The earth that we inhabit is one highly complex system, of which we are just a part. The lives of all the different life forms are so inextricably intertwined that the extinction of one species changes the balance in the system. We cannot continue to allow the irresponsible exploitation of natural resources without considering the impact on the earth’s life support systems. Future generations deserve to enjoy the atmosphere, biodiversity and access to natural resources that past generations have enjoyed.

 

Therefore, it is our view that when we speak of our children’s rights to education, health care and all their other rights, we must also think and speak of our children’s rights to a clean atmosphere, stable climate, clean and unpolluted water, biodiversity and other life support systems. It is therefore our collective duty to take up the struggle against anything that threatens our environment and the system that puts profit before people and nature. Future generations must not suffer because of our lack of will to protect our planet. Remember, the planet does not need us; we need the planet. [Applause.]

 

Dr U ROOPNARAIN (KwaZulu-Natal): Chair, most of the other speakers quoted Nelson Mandela, so I will follow suit. Our former President, and our icon, summed it up well when he said:

 

There can be no keener revelation of a society’s soul than the way in which it treats its children.

 

The subject for today’s discussion is important and it forces us to focus on the situation of children in our country, on their problems and challenges. It forces us to give eminence to their plight. It forces us to do some introspection regarding the lives of our children. Are they being nurtured? Are they being cared for, or are they just a vulnerable, powerless and faceless group of citizens?

 

Any strategy or policy intervention that speaks of nurturing children has to do with affirming the developmental needs of a child. This also means better self-esteem, fewer social and behavioural problems, and becoming well-functioning adults. In short, they have to be holistic beings, well integrated and lacking any dysfunction.

 

So, any strategy or policy must protect children from all forms of exploitation, abuse and neglect. This has to target children from a very young age. Research has pointed to the fact that the more babies are nurtured in utero, the better the holistic development they will experience later on in life. We must recognise that the early years are the most critical for development. They really lay the foundation for a child’s physical, emotional, social and intellectual development. In short, it means that children need a happy start. It means that right from the beginning pregnant women need access to proper antenatal care. It means that babies must be immunised. It means a decent living environment, adequate nutrition, a good education system and instilling good spiritual and ethical values.

 

However, the situation in our country is far from perfect. In fact, it is frightening and almost disturbing. Insidious acts of the rape of toddlers and infants continue. Children are being raped by teachers, parents or family members. We have heard about severe repercussions and post-traumatic stress disorder.

 

A week ago the Mail & Guardian newspaper carried an article titled, “Sexual abuse at schools a ‘pandemic’”. The article referred to the selling of sex videos to Grade R learners. Even scarier was that young school-going females were offering sexual favours for a taxi ride. According to Mark Heywood, the director of Section27, sexual violence against pupils appears to be a pandemic in this country. What we have is the sexualisation and “pornofication” of school-going children.

 

The following figures speak the loudest: One in three children in the world between the ages of 0 and 5 is malnourished. A child who is born in the developing world has a 40% chance of living in extreme poverty. Every day 1 800 children are infected with HIV/Aids. KwaZulu-Natal has the highest incidence of teenage pregnancy and is also home to the highest number of child-headed households.

 

James Heckman, the winner of the 2000 Nobel Memorial Prize in Economics, appreciates the importance of investing in people as a means of increasing human capital. This also means investing in early childhood development and its scientific underpinnings - the highest economic returns on investment in people come from the investments that take place in the early years. So, there needs to be a synergy between departmental budgets and outputs for children.

 

As a nation we are plagued by the triple challenge and the fear of crime, economic hardship, substance abuse, domestic violence and neglect. The list goes on! There are just too many incidents of child sexual abuse, child neglect and children being mistreated or marginalised. Any policy has to reach children before they become victims of these predatory and heinous crimes. How do we do this?

 

There is no doubt that the family is the first socialising agent, but this is where children often become the hidden victims of sexual crimes as well.

 

We need appropriate interventions. This means that there must be multisectoral effort, from health care to social development, education and, finally, the justice system. Crimes that are committed against children cannot be punished by just a slap on the wrist. The perpetrators must pay.

 

So, early childhood development really offers both a social imperative and an economic one as well. If children are nurtured and protected, they grow up into functional adults with high productivity levels. In economic terms, attention given to early childhood development is more effective and promises greater returns.

 

What does it take? It takes moving beyond paying lip service to early childhood development to real political will, driven by resources and money, to ensure that the hardest-to-reach children are not left behind, especially those in the rural areas. This means that children in the poorest areas with no resources have to be supported by the safety net. 

If we do not pay attention to early childhood intervention, there can be no functional adults in society. ECD predicates on early early childhood development. It is here where children begin to internalise good values and good behaviours, and learn right from wrong, life skills, communication and tolerance. Even the Bible, in Proverbs 22:6 - tells us: “Train up a child in the way he should go, and when he is old he will not depart from it.” This will translate into a good investment with good returns.

 

Building on an effective education is the place to start. This is the weapon. Children are our living messages to a time that we will not see. I quoted the Bible and Nelson Mandela - I am also going to quote Marx! Marx argued that children were the human capital for the future. They are our nation’s single most precious physical, intellectual and potential wealth-generating resource. It takes politicians of rare vision and intent to frame policy with children in mind. Policy has to be child-centred. It has to be child-friendly. The nurturing of children should be everybody’s business: parents, families, schools, communities and villages. My child is your child! It is for government, through policy, to signal that children matter and to prioritise children’s interests in legislation. We have the resources. We have the legislation. We have the instruments and we have ratified them. We need action, action, action!

 

There is considerable research telling us what needs to be done and what has to be done. Children are like seedlings. We need to raise them in a greenhouse. This environment requires rich soil, a good drainage system, the right amount of water and sunlight. We need to protect them from the wind and from the harsh elements. Then they will grow deep, steady roots. When it is time to transplant them out into the world, they will not only be hardy enough to survive but will also be vigorous enough to thrive.

 

I began my speech with a quote from a great icon. It will be fitting to end with another one from Mr Mandela:

 

... Safety and security don’t just happen; they are the result of collective consensus and public investment.

 

We owe our children, the most vulnerable citizens in society, a life that is free from violence and fear. We owe it to them, hon members. Let us not be found wanting in this respect. I thank you for listening. [Applause.]

 

Mr D B FELDMAN: Hon Chairperson - the Deputy Minister is not here - members, and MECs, Children’s Day is a reminder that where there is good nurturing, there is a bright future for children. Love and caring are as essential to a child as play and nutrition.

 

Unfortunately, so many children face neglect, abuse, abandonment and violence. They grow up with deeply ingrained scars and a lack of confidence.

 

While culture and religion are important in counteracting the breakdown of families and the disintegration of society, substance abuse, joblessness, overcrowding, lawlessness and gangsterism are serious problems throughout our country. Children who grow up in an environment where the social fabric is decaying lack the care and nurturing so essential to their wellbeing.

 

Twenty years into our democracy, many of our children still do not have adequate opportunity to explore their potential. There is no culture in South Africa that supports the search for talent and the unearthing of talent. Cope promotes the concept of an activist state, where the state itself will facilitate citizen activism. In an activist state, every community will be repeatedly motivated to search for talent.

 

No child should go to school before it has been ascertained whether the child has received love, care, attention, nutrition and self-confidence. This is where the foundation is laid.

 

Just as every child has a birth certificate, every child should also have a potential, personality, protection and progress certificate from year one. The education that comes from school must fit the child, rather than the child having to fit a one-size-fits-all education.

 

If we do not create an activist state, we will have more of what we have today and our children will suffer as much tomorrow as they suffer today. We, as lawmakers, can choose to only talk about what needs to be done, or we can effect the changes first and talk thereafter.

 

That we are failing our children is a stark reality. What is even more unconscionable is that we are failing them dismally. The party in power must really do a great deal more to create an environment where our children find genuine protection and quality nurturing, so that their potential is discovered early and fully developed through their school years.

 

On a lighter note, as it is exam and results time, I give this government a mere 10%. This is a shocking failure!

 

Mr D V BLOEM: Chair, I have a question regarding the whereabouts of the Deputy Minister, because I see she is not here.

 

The HOUSE CHAIRPERSON (Mr R J Tau): Is that a point of order?

 

Mr D V BLOEM: I am just asking about her. It is a question.

 

The HOUSE CHAIRPERSON (Mr R J Tau): I am not able to answer that question. [Interjections.] Hon member, you may proceed with your speech in the debate.

 

Mr J J GUNDA: Hon House Chair ...

 

Mr L P M NZIMANDE: Chair, people must not say things just to get them on record. However, we also need to go on record. On a point of order: The NA is voting and the Deputy Minister is a member of the NA. [Interjections.]

 

The HOUSE CHAIRPERSON (Mr R J Tau): Thank you very much, hon member. [Interjections.] Hon Gunda, proceed with your speech.

 

Mr J J GUNDA: Hon House Chair and colleagues, this is indeed a very important debate. The theme of this debate is the protection and nurturing of our children.

 

There are a great many questions that I could ask today. [Interjections.] If one looks at South Africa today – and I know I do not have enough time to do so there are values in this society that we really need to look at. Values like integrity, respect, empathy, caring and discipline have been lost from the fibre of this country.

 

An HON MEMBER: Hear, hear!

 

Mr J J GUNDA: It is a big problem in this country. Every year we hear the resolutions. We hear the policies. We hear about all those good things. But when it comes to the rural areas - I can mention Mier in the Kalahari, Noupoort, De Aar and Pixley ka Isaka Seme, where we were just the other day – just look at how those children are being treated, and that by a government department! Pixley ka Isaka Seme has the highest incidence of foetal alchohol syndrome. What are we doing about that?

 

We must put our money where our mouths are and, as government, we really need to do better for our children. Why is it that money is a problem when it comes to the education of our children? Why can we not treat our children properly, educate them and invest in them in order to bring them up so that they can become the leaders of tomorrow? Why are we struggling to do that?

 

The HOUSE CHAIRPERSON (Mr R J Tau): Hon Jacobs, is that a point of order?

 

An HON MEMBER: John, jy praat mooi! [John, you speaking well!]

 

Mr J J GUNDA: Chair, my time is moving on here!

 

The HOUSE CHAIRPERSON (Mr R J Tau): No, no, no! It is not for you to tell me how to manage this meeting. A point of order has been put. Can I take the point of order? [Interjections.]

 

Mr M P JACOBS: Chair, is the member prepared to take a question?

 

Mr J J GUNDA: He can ask a question.

 

Mr M P JACOBS: The Northern Cape is the hon Gunda’s constituency. What is he doing? He is complaining here. What is he doing in his constituency?

 

Mr J J GUNDA: Thank you, Chair. Let me answer the question. I have brought so many reports to the department; I have even spoken to the Ministers of certain departments; and I have phoned them, because I knew what the problems are. That is why I have given them the information. To date they have done nothing.

 

An HON MEMBER: Hear, hear!

 

Mr J J GUNDA: Chair, the other thing I would like to say is this:

 

Dit is belangrik om nie net resolusies te hê as geskrewe dokumente nie. [It is important not only to have resolutions as written documents.]

 

It is very important.

 

Maar hoe gaan ons dit toepas om ons kinders se lewens op grondvlak te verbeter? Ons kom praat hier in groot woorde. Ons kom staan hier en praat oor wat kan gebeur, maar ons doen niks vir ons kinders nie! [Tussenwerpsels.] Ons doen niks vir ons kinders nie! Kom ons praat oor die voorheen benadeelde skole. (Translation of Afrikaans paragraph follows.)

 

[But how are we going to apply this to improving the lives of our children at grass-roots level? We are throwing around big words. We stand here and talk about what may happen, but we do not do anything for our children! [Interjections.] We do not do anything for our children. Let’s talk about the previously disadvantaged schools.]

 

Let us talk about previously disadvantaged schools. [Interjections.] How many of them have been upgraded so that our children can also benefit? [Interjections.] We are free politically, but the problem we have ...

 

The HOUSE CHAIRPERSON (Mr R J Tau): Order! Order! Order, hon members! Hon members, order! Can we allow the hon member to conclude his speech? [Interjections.]

 

Mr J J GUNDA: Hon Chair, let me just say this. John C Maxwell once said that if you were a leader and someone criticised you and you just howled him down, then you were actually not listening, and if you don’t listen to criticism, you can’t grow. [Time expired.] [Applause.]

 

Mr D GRANT (Western Cape): Chairperson, Deputy Minister and hon members, good afternoon, goeie middag, molweni. Today is Universal Children’s Day, a day when across the world we honour children and reflect on the progress we have made in promoting and realising their rights. Today we reflect on what we have done and what we are doing to protect, nurture and empower our children so that they may go on to lead lives that they value.

 

In the Western Cape we believe that quality education is the springboard from which our children may grow and develop in order to become active participants in shaping our communities and the economy that drives our development as a nation.

 

Former President Nelson Mandela once said:

 

Education is the great engine of personal development. It is through education that the daughter of a peasant can become a doctor, that the son of a mineworker can become the head of the mine, that a child of farm workers can become the president of a great nation.

 

If our education system is to support our social and economic development and develop the potential inherent in our children, we need to work better and smarter to ensure that more of our learners leave the education system with the relevant knowledge and skills and are better placed to pursue higher education opportunities and to participate meaningfully in any working environment.

 

Today I would like to share with you some of the strategies the Western Cape government has adopted to ensure that the education system becomes the great engine of personal development we need it to be. To achieve this, we believe our learners should be leaving school with the ability to read, write, calculate and reason.

 

This is possible when our learners have access to a school staffed with qualified teachers who are present, prepared and using texts. This school needs to have the necessary infrastructure and funding to accommodate the schooling needs of its learners and should be managed by a competent and accountable principal. This school needs to be a safe environment within which quality teaching and learning can take place, free from violence and substance abuse, and where children can experience a cross section of what life has to offer.

 

Since 2009 the Western Cape government has developed and implemented a number of sustainable system improvements to ensure that we do the following: improve the literacy and numeracy levels of learners throughout the system; increase the number of learners who progress through the system and complete their schooling, as well as the number of learners who go on to pursue higher education and training opportunities; and reduce the number of underperforming high schools in the province.

 

We are pleased to be seeing a positive trend in the performance of our public ordinary schools as a result of these interventions, particularly in the results that have been achieved over the last two years in the National Senior Certificate examinations. Literacy and numeracy levels are improving, but are not yet at an acceptable level. We have increased the number of learners completing Grade 12 with a Bachelor’s pass and we have reduced the number of underperforming high schools from 85 in 2009 to 30 in 2011.

 

Some of the system improvements we have made and which are unique to the Western Cape include the following. Firstly, to ensure that our classrooms are text-rich environments, we made an unprecedented commitment in 2010 to provide every learner, free of charge, with a textbook in each core subject they are taking and in addition to the national norm textbook provisioning by 2014. This will be done at a cost of R466 million. We are well on our way to delivering on this commitment.

 

Secondly, to measure the progress that we are making in improving literacy and numeracy levels in the province and to set goals for improvement, we have introduced systemic testing for all learners in Grades 3, 6 and 9.

 

Thirdly, to monitor and improve the resourcing and performance of our schools, we have introduced an online management tool that requires each principal to submit and update a set of school-based information details that can be used for effective planning purposes, including information relating to the procurement, delivery and use of textbooks and the improvement goals of the National Senior Certificate examinations, the Annual National Assessments and our systemic literacy and numeracy tests.

 

Finally, as part of our efforts to integrate ICT into our schools, we have developed an e-education vision that will see the expansion of our existing technology base and digital resources and the introduction of appropriate solutions that are responsive to changing education needs.

 

I will be releasing our annual progress report tomorrow, setting out where we have made progress in achieving our strategic objectives in education in the Western Cape since 2009 and what we intend to do to address the challenges that we face in education going forwards.

 

While ensuring that more learners complete Grade 12 with a quality pass, we are also ensuring that more young people are better placed to develop their skills and pursue further learning and earning opportunities. We are doing this by working transversally with other provincial government departments to create on-the-job skills development and training opportunities for our youth. The Premier of the Western Cape’s youth advancement programme is a good example of this.

 

The Children’s Institute recently released the SA Child Gauge report for 2012. The important role that quality education can play in improving the life chances of our children is affirmed in this report, when it states that:

 

Improving the quality of public education will involve ensuring an ordered environment for learning to take place. Part of the policy constellation for education should address whether available programmes support teachers sufficiently and allow all learners to complete school on an equal footing. This has the potential to address the divide between rich and poor in the labour market and moves towards breaking the cycle of inequality and poverty.

 

The Western Cape government is committed to working better and smarter to ensure that more of our learners leave the education system with the knowledge and skills required to pursue higher education opportunities and to participate meaningfully in any working environment. We believe that by providing a quality education and creating skills development opportunities for our children, we are protecting and nurturing them in order for them to reach their full potential. [Applause.]

 

UMntwana M M M ZULU: Sihlalo ohloniphekile, ngivumele ngiqale ngokuthi kubalulekile ukuba ngibeke amazwi aqondene nokubaluleka kwezimpilo zezingane zethu. Njengobaba, ngiyaziqhenya ngezingane zesizwe sethu ngoba ziyikusasa laleli lizwe. Kodwa-ke ngingeze ngakubalekela ukuthi kunezinkinga esibhekene nazo ezweni lakithi kulezi zinsuku. Kuyiqiniso eliphelele futhi elingephikiswe ukuthi kunobugebengu obuphezulu futhi obudabukisayo ngoba imihla ngemihla nomzuzu ngomzuzu izingane zethu ziyadlwengulwa. Ezinye zidlwengulwa ngobaba emakhaya, nangomalume basemakhaya lapho okufanele ngabe ziphepha khona.

 

Esontweni nje leli elidlule eningizimu yesiFundazwe saKwaZulu-Natali kube nesehlakalo esihlasimulise umzimba lapho ngizwe ukuthi uthishanhloko owethembekile ukwazi ukudlwengula izingane eziyishumi kulandelana. Kusobala ukuthi kufanele siqinise imithetho yethu njengezwe. Singebeke lokhu emahlombe ahulumeni yedwa, kodwa kufanele sonke sizibophezele njengesizwe ekutheni kutholakale indlela eya phambili.

 

Ngiyazigqaja ngokuthi - phela ngiyakholelwa esikweni njengoba ngikhuluma ngalolu lukaMthaniya nje – emzini kaBabamkhulu kuye kufundiswe izingane ngokuziphatha. Yize noma singenalo iqhinga lokuthi singabathwala siyobafihlaphi abantwana kodwa sibafundisa ukuthi uma uyintombazane uzivikela kanjani uze ungene emendweni.

 

NjengeNkatha yeNkululeko ngithi sonke singabantu baleli lizwe ake sihlale phansi sakhe iqoqo elidingida ukuthi yikuphi okufanele sikwenze ngaphansi kohlelo lokusindisa nokuvikela izingane zethu. Phela yishwa leli elikhungethe umhlaba wonke. Ngeke ngisakhuluma-ke ngokuningi njengomabonakude njalonjalo, kodwa thina njengabantu kufanele sibe nobuntu njengesizwe. Ngiyabonga. [Ihlombe.] (Translation of isiZulu paragraphs follows.)

 

[Prince M M M ZULU: Hon Chairperson, please give me this opportunity to discuss the importance of keeping our children safe. As a father, I am proud of the children of our nation, because they are our future. I cannot, though, ignore the fact that we are faced with serious problems in this country. It is an undisputed fact that crimes of a sexual nature in this country are rife. Some children are even raped by their own fathers and uncles in their own homes where they are supposed to be safe.

 

Just last week we heard of a shocking incident in southern KwaZulu-Natal in which a trusted school principal raped ten schoolgirls one after the other. It is absolutely imperative that we use strong measures to combat this crime. However, the responsibility to do that should be taken by the whole nation collectively, not just the government. In that way we can find a solution to the problem.

I am proud of my isiZulu heritage, and that is why I speak only my language. In my family we instil good morals in our children, which are based on our cultural values. Even though we cannot keep our children hidden from the outside world, we teach our daughters how to conduct themselves until they get married.

 

We as the IFP call upon all the citizens of this country to devise ways and means to deal with the scourge of rape in our country in order to protect our children. This is a very unfortunate reality in the whole world. Television and advances in technology also promote it. Despite everything, we as a nation should do something about it. Thank you. [Applause.]]

 

Ms M G BOROTO: Modulasetulo, ke utlwa bohloko ha ba re mmuso wa rona o entse dipersente tse 10 ho thusa bana ho latela sehlooho sa kajeno. [Chairperson, it is so sad to hear that our government only got 10% for helping the children according to today’s topic.]

 

Ngibenetjhudu lokuthi nangithoma ukusebenza ngasebenza endaweni engingayihlathulula ngokuthi kusemakhaya angakathuthukiswa. Kokuthoma ngarareka khulu lokha nangithola bonyana ngetlasini leGreyidi ye-10 kunomntwana oneminyaka ematjhumi amabili neminyaka eminye ngaphezulu. Ngithe lokha nangithi ngiyabuza mayelana nonobangela walokho, ipendulo kwaba kukuthi umntwana loyo ukhulele emaplasini lapho ababelethi bakhe azange bakghona ukumngenisa isikolo kusesesikhathi ngombana nakumele bona ayokufunda bekufanele aye ngesikhathi esifunwa mnikazi weplasi begodu afunde lokho okufunwa nguye umnikazi weplasi.

 

Ngikho-ke namhlanje ngisizwa ubuhlungu nakuthiwa thina sirhubhulula i-10% kwaphela, lokha sinemiraro efana nale yokuthi abantwana bethu bangakghoni ukufunda ngesibanga somnikazi weplasi othi isikolo ngesakhe, abotitjhere ngebakhe begodu nabazali ngebakhe. Okuyinto ebuhlungu khulu kwamambala.

 

Sithe lokha nasifikako siyi-ANC sararwa kubona abantwana basiwa emthandazweni wekuseni begodu nangeenkumbeni. Lokho ngikutjho ngento engiyaziko. Kwathi lokha nasithi siyabuzisisa bonyana bawiswa yini abemntwana, satjelwa bona bawiswa kukobana balambile. Kuthe nakunjalo siyihlangano ye-ANC sathoma ngeHlelo loKudla ngeeNkolweni. Lokhu sakwenza ngobanyana sizwisisa bonyana akukghoneki bona umntwana angalalela kuhle lokha isisu singanalitho ngaphakathi. Ngifuna ukutjela labo abatjho njalo bona akhe batjhejisise bonyana bathini lokha nabathi asikenzi litho.

Kuthe ngemva kweminyaka eminengi kangaka, uMhlonitjhwa uGunda ufika nje namhlanjesi ubuza bona senzani begodu abuye asitjele nangomthintela wotjwala obonakala eTjhingalana Kapa.

 

Umbuzo wami uthi: Alo-ke njengobanyana asele abonile njalo, zingaki iindawo asekhe wazikhambela begodu wazama nokukhulumisana nabazali balapho mayelana namahlelo angenziwa ukulungisa ubujamo obukhona lapho. Ukhuluma bona thina asiyenzi ilandelela mayelana nemithethomgomo esiyiphasisako. Konje njengobanyana silapha nje, ngithi abafanele bona ... [Isithikamezo.] (Translation of isiNdebele paragraphs follows.)

 

[When I started working in my first job, I was lucky to work in an area classified as a rural settlement. At first I was shocked to learn that there was a 24-year-old learner in a Grade 10 class. When I asked the reason for that, I was told that the child grew up on a farm where his parent could not take him to school on time because the farm owner would not allow the child to go to school, and all he could learn was what the farmer gave approval for.

 

It is on this basis that I feel heartbroken when it is said that we do only 10% research. When the farmer denies our children the opportunity to go to school and says that their parents and teachers, together with the children, are his property, this is indeed a heartbreaking story.

 

When we as the ANC, took over, we were shocked to learn that some of the children fainted during the morning assembly or in the classrooms during the day. I am speaking from my experience. When we find out the causes, we were told that they fainted because they were hungry. We then introduced the feeding scheme programme. We did this because we had an understanding that a child cannot listen to the teacher on an empty stomach. I want to warn those who say there is nothing we have done.

After so many years hon Gunda arrives today and asks what are we doing. He tells us about the consequences of alcohol that are being experienced in the Western Cape.

 

My question is, after becoming aware of that situation, how many places has he visited and talked to parents to come up with intervention programmes to correct the situation? He argues that we do not do follow-ups and monitor the Bills we put in place. By the way we are here, are we the ones ... [Interjections.]]

 

Mr J J GUNDA: Chair, will the member take a question?

 

The HOUSE CHAIRPERSON (Mr R J Tau): Hon members, order! It is for the member to decide whether she wants to take a question. Hon Boroto, are you going to take a question?

 

Ms M G BOROTO: I am not prepared to take a question. Thank you, Sir.

Namhlanje sitjelwa ngamahlelo amahle nakarisako wesiFunda seTjingalanga Kapa, kodwana ingasikade begade sitjengiswa kumabonwakude abentwana ababhalelwa kukuya ngeenkolweni ngebanga leenqhema zeenlelesi bokuhlanganyela. Kodwana akunasizo lamsimnyana elivelako, ngoba kungekho umuntu ozitshwenyako. (Translation of isiNdebele paragraph follows.)

 

[Today we are told about the vibrant programmes in the Western Cape, but not long ago we saw the news on television that learners could not go to school because of gangsterism activities. There is no intervention in this situation because nobody cares.]

 

Nobody cares, because this is the Western Cape.

 

Koke lokhu siyakwazi soke bona kungebanga lani. Siyazi soke bona eTjingalanga Kapa kuhlala bani. [We all know why this is happening. We also know who lives in the Western Cape.]

 

Khayelitsha is part of the Western Cape. It is not an independent state of the Western Cape.

 

Ngingayihlathulula njengephasi elizijameleko lodwa ngaphakathi kweTjingalanga Kapa. Lokhu kungebanga lokuthi nakuvela imiraro efana nale, abentwana abasayi eenkolweni ngobanyana basesaba ukubulawa, namkha ukuhlatjwa. Kwenziwani? (Translation of isiNdebele paragraph follows.)

[I can describe it as an independent state in the Western Cape. This is because, when such situations arise, children no longer go to school because they are afraid of being stabbed or killed and what is done?]

 

Are you going to blame the ANC for that? We have come up with policies that ensure that the children are protected. Allow me to dedicate my speech to the many members of our society who have dedicated their lives to working tirelessly to protect our children: us as the ANC, as well as nongovernmental organisations and other advocacy groups that remain the cornerstone and champions of our collective national effort to protect children from violence, abuse, neglect and exploitation. We want to express our profound appreciation for their putting their shoulder to the wheel to protect and nurture the vulnerable members of our society.

 

While I am talking about this I am also thinking of the abandoned children that we see and hear about on television and in other media. My understanding of the abandonment of children is that people who do that are forsaking their parental rights and have no intention of coming back. My problem is that while we have children who are abandoned, we still have red tape when people want to adopt them. When one wants to adopt a child, one’s pockets are checked, instead of their checking the real reasons for one’s wanting to adopt a child. The motivation behind adoption is to make sure that a child is given a safe home. As Mahatma Ghandi once said, “A nation’s greatness is measured by how it treats its weakest members.” So, when one adopts children, one wants to give them comfort and a home filled with happiness, love and understanding. If one has such a home, the child will obviously have potential and a future.

 

While talking about abandonment, let me say there is a process for dealing with children who have run away from abuse in their homes to become unidentified street kids. The process takes too long and it hurts me because of its laborious investigations. Hon Gunda, when I speak, I do not take sides. Even if it is my government that is at fault, I will point that out and rectify mistakes. I speak the truth and provide facts - unlike you, who just blame the ANC. We have to bring ideas to our own people and to government. The processes of investigation that are needed to establish a person’s identity are depriving our children of time spent in school. We have to talk about such things. Children deprived of school attendance are deprived of the right to information. The abandoned kids roaming the streets lose their identification, social and medical information, and that is dangerous to a child’s future.

 

Let me conclude, because my time is up. Research confirms that when children are given what they need to build a solid foundation in the early years, they have more strength to deal with whatever comes their way later. Children are like seedlings. When we raise seedlings in rich soil with good drainage in a greenhouse, provide them with the right amount of water and sunlight, and protect them from the wind, they grow deep roots and sturdy stems. When it’s time to transplant them out into the world, they will not only be hardy enough to survive but also vigorous enough to thrive in a society that is riddled with a tragic legacy of inequality and social deprivation that permeates almost every aspect of life.

 

We need to ensure that we rally communities and households to create a safety shield for our children. Our elders taught us that it takes a village to raise a child. That is why we say, “Your child is my child.” We must ensure that our communities live the noble ideal of shared responsibility for raising and protecting our children. Let us reaffirm the ideals of that great son of Africa, former President Nelson Rolihlahla Mandela, and recommit to protecting our children and nurturing them in order for them to realise their full potential. To those who lay a hand on our children, let us say with one voice, “Enough is enough.” [Applause.]

 

Mr K A SINCLAIR: Chairperson, on a point of order: Is it proper for a Member of Parliament to read a book titled ANC Propaganda in the House? [Laughter.]

 

The HOUSE CHAIRPERSON (Mr R J Tau): I do not know to whom you are referring, so it will be difficult for me to draw a conclusion or make a judgment. Hon members, let us refrain from reading newspapers and other material as that is not ordinarily allowed in the House.

 

Mr D V BLOEM: I want to confess that it was I who was reading that book.

 

Debate concluded.

 

ROAD ACCIDENT FUND (TRANSITIONAL PROVISIONS) BILL

 

(Consideration of Bill and of Report thereon)

 

Mr M P SIBANDE: Chairperson and hon members, the Select Committee on Public Services considered and approved this Bill on 30 October 2012. We received presentation on the Bill, with amendments made by the Portfolio Committee on Transport, as well as comments by the Law Society of South Africa.

 

The transitional provisions that were made are crucial to ensuring that all passengers involved in accidents are treated equally. This is especially crucial for a certain class of passenger – the passenger who is in a vehicle that is driven by the driver who causes the accident. Without these transitional provisions, these people will not get the same treatment and that would be unconstitutional.

 

The committee considered the Bill and made certain that the interests of all our people were addressed. We approved the Bill and further worked on the Road Accident Fund to improve the treatment of passengers injured in road accidents. We look forward to being involved in the next phases of ensuring that the interests of all our people are protected. [Applause.]

 

Debate concluded.

 

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

 

SHERIFFS AMENDMENT BILL

 

(Consideration of Bill and of Report thereon)

 

Mr A G MATILA: The Sheriffs Amendment Bill seeks to address challenges relating to the governance, regulation and functioning of, as well as entry into, the sheriffs’ profession. Currently the profession is governed by the Sheriffs Act of 1986, which came into operation on 1 March 1990. The Act provides for the appointment of sheriffs; the establishment of the SA Board for Sheriffs; a fidelity fund for sheriffs; the regulation of the conduct of sheriffs; and related matters.

 

The Sheriffs Act was earmarked for comprehensive review. The Sheriffs Amendment Bill therefore aims to address the said challenges as interim measures, pending the review. I will not read the whole report. The Select Committee on Security and Constitutional Development proposed amendments to the Bill and recommends that the Council passes this amendment Bill. [Applause.]

 

Debate concluded.

 

Question put.

 

Declarations of vote:

Mr D JOSEPH: The Bill before us today is very important because it confirms functions stemming from historical imbalances in access to justice and representation. It is an Act with a strong element of self-regulation, giving the Minister the authority to appoint fit and proper sheriffs, where needed.

 

The other key transformation initiative that is affecting the sheriffs is the rationalisation and alignment of magisterial districts. This is very important because sheriffs may not represent themselves as police officers anymore and are not allowed to make unjustified threats against the public when they perform their duties. Such acts will be seen as misconduct in terms of the Act.

 

It allows the Minister to make regulations regarding the requirements for the appointment of sheriffs and the advisory board, as well as the recognition of associates who shall represent sheriffs. The Sheriffs Amendment Bill provides for interim measures in advancing transformation on various levels. The DA supports the amendment.

 

The HOUSE CHAIRPERSON (Mr R J Tau): Just for the sake of my own clarity: Are you supporting the Bill? [Interjections.]

 

HON MEMBERS: Yes!

 

The HOUSE CHAIRPERSON (Mr R J Tau): All right.

 

Mr L P M NZIMANDE: Chairperson, the ANC continues the line of progressively transforming the laws of this country for the betterment of the lives of our people. We received a briefing from the department, led by the ANC, and the Bill is now introducing accountability and transparency. The reason is that sheriffs had been used by the previous government to inflict suffering on our people. Without their knowledge, our people’s goods were repossessed. They were pushed into poverty and inequality.

 

We the ANC, accept this Bill because in areas like the former Transkei and Ciskei in the Eastern Cape, where there has been a shortage of sheriffs, government will now be responsible. So, this is now a regulated service, improved and enhanced for everybody. It also complies with the human rights of all our people in South Africa.

 

Mr D V BLOEM: I want to add Cope’s voice to those who support this Bill. Sheriffs have caused many people a lot of pain for in South Africa in the past. Many people lost their property, as Mr Nzimande has said, because they did not what to do nor when this Act was established. We welcome this Bill. It is a step in the right direction. Our people will now be protected. People will not come at night, knocking on the door and taking away hard-earned possessions just because of ignorance. I want to thank the department for introducing this Bill.

 

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

 

The Council adjourned at 16:01.

__________

 

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

 

FRIDAY, 16 NOVEMBER 2012

 

ANNOUNCEMENTS

 

National Assembly and National Council of Provinces

 

The Speaker and the Chairperson

 

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

 

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

 

1. Transport Laws and Related Matters Amendment Bill [B 30 – 2012] (National Assembly – sec 75).

 

1. Dangerous Weapons Bill [B 37 – 2012] (National Assembly – sec 75).

 

TABLINGS

National Assembly and National Council of Provinces

 

1.      The Minister of Public Enterprises

 

1. Report and Financial Statements of the South African Airways SOC Limited for 2011-12, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2011-12.

 

National Council of Provinces

 

1.       The Chairperson

 

(a)     The President of the Republic submitted the following letter dated 12 November 2012 to the Chairperson:  National Council of Provinces, informing Members of the Council of the extension of the employment of the South African National Defence Force in fulfilment of the international obligations of the Republic of South Africa towards the Southern African Development Community.

 

EXTENSION OF THE EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE in fulfilment of the international obligations of the Republic of South Africa towards the SOUTHERN AFRICAN DEVELOPMENT COUMMUNITY

 

This serves to inform the National Council of Provinces that I have extended the employment of Two Hundred and Twenty (220) South African National Defence Force (SANDF) personnel for service in fulfilment of the international obligations of the Republic of South Africa towards the Southern African Development Community (SADC), to monitor and deter piracy activities along the Southern African coast of the Indian Ocean.

 

This employment is authorised in accordance with the provisions of section 201(2)(c) of the Constitution of the Republic of South Africa, 1996.

 

The extension of the employment of the SANDF is for the period 26 November 2012 to 31 March 2013.

 

The expenditure expected to be incurred for this employment is R84, 100, 000, 00.

 

I will communicate this report to members of the National Assembly and wish to request that you bring the contents hereof to the attention of the National Council of Provinces.

 

Regards

 

signed

Mr Jacob Gedleyihlekisa Zuma

President of the Republic of South Africa

 

MONDAY, 19 NOVEMBER 2012

 

COMMITTEE REPORTS

 

National Council of Provinces

 

1. REPORT OF THE SELECT COMMITTEE ON FINANCE ON THE EXPENDITURE REVIEW FOR THE 2011/12 FINANCIAL YEAR AND FIRST QUARTERLY BUDGET PERFORMANCE REPORTS FOR THE 2012/13 FINANCIAL YEAR BY PROVINCIAL TREASURIES, 16 NOVEMBER 2012

 

1.INTRODUCTION

The purpose of this report is to give feedback to the Select Committee on Finance following the public hearings conducted with the Provincial Treasuries of KwaZulu-Natal, Free State, Gauteng, Mpumalanga, Eastern Cape, Northern Cape, North West, and the Western Cape.

The hearings were held on 14 August 2012 at the Southern Sun Cape Sun Hotel and on 29 August 2012 at Parliament of South Africa. The purpose of the hearings was to engage the Provincial Treasuries on their respective plans and/or systems to deter fraud and corruption in their provincial departments.

Firstly, the report discusses the presentations made by the Provincial Treasuries on overall expenditure of their respective provincial departments for the previous financial year, 2011/12 followed by the budget performance during the first quarter of 2012/13. These presentations largely cover the provincial revenue composition; expenditure review and mechanisms to deter fraud and corruption including risk management plans, Supply Chain Management policies and governance issues. Secondly, the observations and findings made by the Committee are summarised and recommendations are made.

2.PRESENTATIONS BY PROVINCIAL TREASURIES

2.1KwaZulu Natal

2.1.1Provincial revenue

 

KwaZulu Natal (KZN) Provincial Treasury (PT) reported that the actual receipts for the financial year 2011/12 amounted to R79.647 billion compared to final appropriation of R78.879 billion, resulting in a surplus of R768.486 million. The Equitable Share (ES) forms the bulk of the provincial receipts, contributing 79.8 per cent of proportion of the total provincial revenue in 2011/12 financial year.

The unaudited actual figures show that the Province received R13.348 billion (16.8 per cent) Conditional Grant (CG) funding, which was a shortfall of R3.49 million compared to the final appropriation. The PT attributed the shortfall to the fact that not all Expanded Public Works Programme (EPWP) Incentive and Social Sector grants funding was transferred following poor spending of these grants. Therefore, the National Department of Public Works reduced the final appropriation by R55 million against the Devolution of Property Rate Funds Grant for provinces from KZN and allocated that amount to other provinces. Consequently, a second adjustments estimate was tabled in the Provincial Legislature on 9 March 2012.

The provincial own revenue made up the balance of 3.4 per cent of the share of the total provincial receipts in 2011/12. The Province expected to collect own revenue of R1.943 billion in the beginning of the financial year but actually collected R2.715 billion (R772 million more).  The PT over-collected own revenue of R280.405 million in interest earned on positive cash balances resulting from the improvement of the funds in the Pay Master General (PMG) and Intergovernmental Cash Coordination (IGCC) accounts.

The PT further indicated that the abovementioned accounts have been cash positive since May 2010 due to cost-cutting and tight cash management in the Province. The following provincial departments also contributed to revenue over-collection, Human Settlements R268.032 million; Transport R201.534 million; Education R34.27 million and the Office of the Premier R30.118 million. However, the departments of Economic Development and Health collected less revenue than initially planned, R45.099 million and R19.8 million respectively.

During the first quarter of 2012/13, the actual revenue received amounted to R635.071 million, which was 11.6 per cent higher than projected. Therefore, it is highly likely that the Province would collect about R18.456 million more than the budget estimate for the current financial year. The only Department that expects to significantly under-collect its revenue at the end of the financial year is the Department of Economic Development and Tourism. The PT accounts for a larger proportion of the projected over-collection, due to higher than anticipated collection in respect of interest from the IGCC and PMG accounts.

 

2.1.2Provincial Expenditure

According to the PT, the aggregated actual expenditure for the financial year 2011/12 amounted to R78.649 billion compared to the final appropriation of R78.332 billion, resulting in over-expenditure of R317.462 million. The current payments represented the largest proportion at 78.8 per cent, followed by transfers at 12.2 per cent and capital payments at 9.1 per cent.

The departments of Education and Health significantly over-spent their 2011/12 budgets by R572.216 million and R122.022 million, respectively and so did the Department of Transport (by R11.811 million). In contrary, the following departments under spent, PT by R119.699 million; Sport and Recreation by R50.497 million; Co-operative Governance and Traditional Affairs (COGTA) by R50.091 million, Economic Development and Tourism (DEDAT) by R43.39 million, Human Settlements by R41.417 million and Public Works by R20.335 million.

The aggregated projected expenditure for the year amounts to R84.196 billion compared to the budget of R83.629 billion, resulting in a projected over-expenditure of R566.608 million by end of the financial year. The departments of Education and Transport expect to overspend their budgets by R503.102 million and R72 million, respectively. The following departments also anticipate a shortfall on their appropriated budgets, Public Works R15.425 million; PT R5.936 million, COGTA R5.1 million and Social Development  R34.880 million by the end of the financial year.

 

2.1.3Plans to deter fraud and corruption

 

The following measures are in place to deter fraud and corruption in the KZN Province:

• Implementation of the Biometric Access Control System in all provincial departments. The system provides a much better audit trail, requires the use of a finger print to log onto Basic Accounting System (BAS) and Personnel Salary System  (PERSAL); and it replaces the password system. The system is expected to eliminate password irregularities and fraud.
• Supply Chain Management (SCM) review: Developed a draft Provincial Conflict of Interest Policy and guideline whereby all Government employees would be required to declare their business interests, irrespective of their levels.
• Conduct of SCM officials: The PT and the National Treasury (NT) were improving the assignment of SCM delegations to the appropriate level. The Accounting Officers were instructed to implement clear SCM Decision Frameworks. PT will enforce compliance through audits and regular SCM compliance reviews including the enforcement of the code of conduct for SCM practitioners.
• Cover quoting: PT discussed this loophole with NT and an amendment will soon be made to the Public Finance Management Act (PFMA) to define the conditions under which deviation may occur rather than leaving it to the Accounting Officers or authorities to decide.
• Inflating prices of bidders in collusion with SCM officials: The Province is in a process of developing a daily updated price-list of all goods and services that Government procures. The purpose of this project is to introduce price bench-marking in the procurement of goods and services, to curb the problem of price inflation by those that do business with government. This process would further ensure that all Government institutions pay market related prices, and that PT also enforces the use of transversal or general period contracts in the Province.
• Tender Appeals Tribunal: These are already in place for all provincial departments and have reversed several cases. The tribunal affords the public the opportunity to question any process in the awarding of tenders. These are also being implemented in municipalities.
• Revamping of database: PT was in the process of cleaning up and establishing a new single suppliers’ database for all provincial departments and municipalities to promote accountability and compliance, suppliers had been asked to re-register. The database was now linked with external organizations (South African Revenue Service, Company Intellectual Property Registration Office (CIPRO), and Construction Industry Development Board (CIDB). The system will identify service providers with poor track records or those under investigation and would be used for black listing.  According to the PT, the project has been completed and system came alive as of September 2010.

 

2.2Free State

2.2.1Provincial Revenue

The PT reported that the 2011/12 adjusted budget amounted to R24.203 billion. The ES amounted to R18.154 billion (75 per cent), conditional grants amounted to R5.277 billion (22 per cent), and the own provincial revenue R771.6 million (3 per cent). The 2012/13 allocated budget amounts to R24.870 billion of which, the ES amounted to R18.531 billion (75 per cent), conditional grants amounted to R5.520 billion (22 per cent), own revenue amounted to R819.3 million (3 per cent). This composition of revenue remains similar between the two financial years.

2.2.2Provincial Expenditure

In terms of economic classification, current payments amounted to R18.913 billion (76.0 per cent) of which Compensation of employees amounted R15.1 billion (60.7 per cent), payments capital assets amounted to R2.4 billion (9.8 per cent), and transfer payments amounted to R3.5 billion (14.2 per cent).

 

2.2.3Plans to deter fraud and corruption

Measures to deter fraud and corruption in the Free State Province include:

• Capacity building: PT provided training for Chief Risk Officers (CRO) to manage fraud in the work place and issued guideline on Fraud prevention and detection. In addition to that, a concept Fraud prevention policy was developed and provided to all the departments and their entities. Key Performance Indicators were further developed to manage fraud.
• Governance: All provincial departments formed risk management committees and appointed CRO’s. The composition of Audit Committees for departments had been reviewed in 2011/12. Findings showed that no Government officials serve on Committees. Furthermore, Finance and SCM Delegations were developed to prescribe minimum level for delegations and ensure segregation of duties. These delegations were also issued for all transactions on the Transversal systems, namely, BAS, PERSAL and Local Government Information Systems (LOGIS).
• Procurement: The departments’ report on expansion and variations of contracts to PT, submit procurement plans in April each year and report monthly on deviations. Certain goods are procured through a transversal contract arranged by the PT.
• Cash Management and Payments: PT handles all registration of banking details and second verification is done by the bank before it was captured on systems. Only PT prints cheques and processes hand written cheques. All supplier payments above R1 million and PERSAL payments above R5 million are verified and approved by PT before implementation by the bank. PT approves all Business online and Foreign Exchange Payments before they can be processed and further verifies all signing authorities on quarterly basis.  Payment control checklists were also being implemented.

 

2.3Gauteng

2.3.1Provincial Revenue

During the financial year 2011/12, the Province received a budget of R65.6 billion.  ES accounted for R50.9 billion and Conditional Grants represented R14.7 billion. All the ES and conditional grant monies were transferred except for R9.8 million in respect of the Gauteng Department of Education’s HIV/Aids (Life Skills) conditional grant, which was withheld by the NT. The Province strictly ring-fenced infrastructure and conditional grants to ensure that these grants were used for intended purposes.

 

2.3.2Provincial Expenditure

PT indicated that the following departments recorded overspending on their 2011/12 adjusted appropriations: Health (R426.5 million) of which R884.9 million was compensation of employees and R558.3 million in goods and services category. This was offset by R627 million under-spending in the payments for capital assets’ category and the balance in transfers and subsidies.

An over-expenditure of R730.2 million in respect of Compensation of Employees (CoE) was reported in 2011/12. A significant under-spending was observed for the following departments, Roads and Transport R573 million, of which R511.4 million occurred under the goods and services category, R75.8 million in payments for capital assets category and offset by R14.6 million over-expenditure in  CoE. The department of Education under spent its budget by R315.4 million of which R147.7 million was in goods and services category, R119.1 million in payments for capital assets (R119.1 million), R15.1 million in CoE and R33.5 million in transfers and subsidies.

The under-spending was also reported for the department of Local Government and Housing (R130.7 million) of which R63.9 million in CoE, R16.7 million in goods and services and R41.6 million in machinery and equipment. The department of Social Development (R99.4 million), R57.5 million in goods and services, R59 million in transfers and subsidies to non-Profit Institutions, offset by R16.6 million over expenditure under CoE.

Of the total 2012/13 appropriation of R69.3 billion, year-to-date expenditure stood at R18 billion, or 26 per cent.  Most departments’ expenditure was significantly lower than or marginally close to the 25 per cent threshold, except for Infrastructure Development, which spent R426.2 million (31 per cent) of its 2012/13 budget.

The significant slow spending was seen in the following departments, Local Government and Housing by R649.2 million of the R4.7 billion 2012/13 allocation. The Gauteng PT by R58.6 million of the R428.9 million allocation spent, and Office of the Premier by R44.5 million of the R236 million 2012/13 budget spent.

 

2.3.3Plans to deter fraud and corruption

 

The Province deters fraud and corruption as follows:

• Anti-Corruption Strategic Framework: The Framework was revised in 2009 and approved by Executive Council (EXCO) in 2010. It was then launched at the 2010 Gauteng Anti-Corruption Summit. The summit passed numerous Anti-Corruption resolutions which were signed by the Provincial Government, organised business and civil society representatives. The revised framework consists of eight strategic objectives, each with its own key performance indicators, activities, outputs, responsible department and timeframes. These objectives aim to promote ethical procurement, build a social compact against corruption and fight nepotism, amongst others.
• Governance Structure: The Provincial Anti-Corruption Coordinating Committee (PACCC) is the governing structure where all provincial departments report. The PACCC in turn reports to the Provincial Anti-Corruption Forum (PACF) which consists of Organised Business, Civil Society Representatives, and Provincial Executive Members.

 

The Province identified some achievements that improved management of theft and corruption. These achievements included, launch of an anti-fraud awareness DVD which provided clear fraud reporting guidelines and details of the National Anti-Corruption Hotline; Visible Anti-Corruption poster campaign launched in all provincial buildings;  Furthermore,  risk management units were established in all departments to increase awareness of fraud risk, and to report such accordingly. PT reported that these measures heightened fraud risk awareness and helped reduce year on year fraud risk incidents and losses.

 

2.4Mpumalanga

2.4.1Provincial Revenue

Mpumalanga Province received a total adjusted budget of R29.967 billion during the 2011/12 financial year. The bulk of the provincial budget was allocated to the provincial departments of Education and Health, which received R13.2 billion and R7.548 billion, respectively.

 

2.4.2Provincial Expenditure

At the end of the financial year the Province managed to spend 98.1 per cent of the allocated budget. Most of the departments spent above the average spending of the Province except for the Department of Health and the Provincial Legislature, which spent 95.7 percent and 91.9 percent, respectively.

The Department of Social Services recorded 97.7 per cent (R21.206 billion) expenditure while non-social services spent R8.186 billion or 99.1 per cent of its adjusted budget of R8.257 billion. None of the departments recorded over-expenditure.

In terms of economic classification the Province reported that it has spent R17.004 billion on CoE; R5.930 billion on goods and services; and R2.709 billion on payments for capital assets.

The Province has an annual budget of R30.968 billion for the 2012/13 financial year. As per the trend, the bulk of the budget is allocated to the departments of Education and Health, which received R13.983 billion and R7.544 billion, respectively. The Province is projecting an overspending of R55.693 million by the end of the financial year. The over expenditure is mainly attributed by Non-Social services departments. However, significant overspending has been recorded in the departments of Agriculture, rural development and land administration and DEDAT, which project to overspend by R34.378 million and R19.792 million,  respectively.

At the end of the first quarter, the Province managed to spend 22.9 per cent of its total budget. Most of provincial departments spent almost 20 per cent except for Social Development which spent 16.9 per cent and Culture, Sport and Recreation having spent only 15.8 per cent. Education has spent 25.2 per cent while Health has spent 20 per cent.

CoE spending stood at R4.294 billion or 23.0 per cent of the allocated budget and the Province projected to overspend in this component of the budget by R970 000. With respect to goods and services, the Province has spent R1.344 billion or 22.2 per cent. On Transfers and subsidies the province has spent R1.019 billion of the allocated R3.759 billion which is 27.1 per cent of the allocated budget. A significant under-expenditure was on payment for capital assets which was at 17.4 per cent of the allocated R2.521 billion.

 

2.4.3Plans to deter fraud and corruption

 

Fraud and corruption is managed as follows in Mpumalanga Province:

• Rotation of the SCM officials: PT issued a circular PFMA/SCM1/2009 to all provincial departments, public entities enlisted in schedule 3C to rotate their SCM officials within the 5 sub-division of the SCM unit (Demand, Acquisition, Logistic, Performance and Disposal). The circular aims to eliminate corrupt and fraudulent practices in the public sector procurement system.
• Vetting of SCM officials: PT issued another circular to all delegated departments, public entities and municipalities to screen all officials responsible for the procurement of goods and services. The screening encourages officials not to involve themselves in corrupt practices because their individual profile will be screened. In addition to that, PT in collaboration with the Office of the Premier held an awareness workshop to capacitate officials about the importance of vetting.
• Training: PT and NT jointly provided regular training to departments, public entities and municipalities on SCM issues.  As a way of increasing awareness, PT together with the University of Pretoria established a Certification Programme for a five year period to capacitate SCM practitioners from various institutions.
• Code of Ethics: PT encourages departments to set a requirement that whenever they appoint the Bid Committee members, a declaration of confidentiality and impartiality form must be signed by the member responsible in any of the three departmental Bid Committees. A number of training courses were conducted in various institutions in respect of the code of conduct to ensure compliance.
• Procurement System: A procurement system was introduced to all departments in order to promote transparency, fairness, integrity, value for money and equality in the treatment of suppliers or contracts in the procurement process. The system assists the departments to increase internal control in their procurement process in order to eliminate corrupt activities and improve efficiencies in contract management.

 

2.5Eastern Cape

2.5.1Provincial Revenue

The PT allocated the provincial departments a budget of R54.3 billion in 2011/12 financial year, an ES portion of R44.6 billion, R8.8 billion conditional grants and  a revenue of R817 million was generated within the Province. The Province estimated to collected own revenue of R729.5 million but actual own revenue recorded amounted to R817.3 million, an over-collection of R87.8 million.

 

2.5.2Provincial Expenditure

The Department of Health over spent by R79.7 million on CoE due to the appointment of employees without a budget; provincialisation of state aided hospitals; Occupation Specific Dispensation (OSD) carry through costs; and remnants of Human Resources Operational Project Task Team (HROPT).  The Department of Education also overspent by R29.2 million as a result of cost pressures on CoE budget; the implementation of the Court Order re-instating temporary educators, non-movement of additional educators, OSD carry through costs and remnants of HROPT. The Human Settlements Department under spent its conditional grants allocation by R472 million (20 per cent).

According to the PT, all departments under spent on CoE due to the non-payment of the budgeted 5.5 per cent increase in Improvement in Conditions of Service (ICS) which was supposed to be paid with effect from April 2012. The wage agreement was only signed in August 2012. Failure to fill critical vacant posts also contributed to the low spending on CoE.

During the first quarter of 2012/13, the following departments under spent their allocated budgets, Education by R394.9 million; Health by R102.5 million; Human Settlements by R86 million and Economic Development and Environmental Affairs and Tourism by R83.8 million. Transfer of funds to the Rural Development Agency of R60.6 million could not be effected due to late submission of supporting documentation by the department of Rural Development.

 

2.5.3Plans to deter fraud and corruption

Plans and systems in place to deter fraud and corruption in the Eastern Cape Province include:

• Ethics and Fraud and Corruption Prevention: The Province conducts anti-corruption and ethics awareness workshops, conducts training on professional ethics in collaboration with the Ethics Institute of Southern Africa. About 600 officials had been trained at provincial and municipal level to date in sessions that included awareness on procurement fraud, tax evasion and measures needed to address these. 
• Combating fraud and corruption: A Whistle Blowing Policy was developed and approved by the EXCO. The policy is consistent with the Protected Disclosure Act and Code of Ethics for the Eastern Cape Public Service. An electronic-web database was also developed through which cases reported through the National Anti-Corruption Hotline can be loaded onto the system and categorized accordingly.  EXCO was considering implementing a policy forbidding public servants from trading with government. The Province made inroads at municipal level where municipalities are being assisted with the development of Fraud Risk Assessments and the development of Fraud Prevention Plans. The Province approached the Public Administration Leadership and Management Academy (PALAMA) to assist with capacity building in this regard.
• Oversight, Transparency and Accountability: Departments submit monthly reports on incidents of financial misconduct, irregular, fruitless and wasteful expenditure in terms of the provincial accountability model to the PT. These reports are escalated to the Member of Executive Council (MEC’s) on a quarterly basis to raise accountability for possible fraud related activities. This therefore promotes reporting on these activities to different government institutions and structures such as Legislature, Parliament, Public Service Commission (PSC) and EXCO. Status reports are prepared and submitted to these structures on a quarterly and annual basis or upon request. 
• Provincial Anti Corruption Forum and Council: An Anti Corruption forum was established in 2005, represented by Business, Organized labour, Religious fraternity, Public Service and members of the EXCO.  The Honourable Premier appointed a member of the EXCO as political Champion and ultimately Chairperson of the Forum. The mandate of the forum is to contribute towards the establishment of a provincial consensus through coordination of cross sectional efforts against corruption.

The abovementioned forum also advises political administration on the implementation of effective strategies to combat corruption and shares information and best practices on sectoral anti- corruption work. In addition to that, the Forum advises sectors on the improvement of sectoral anti-corruption strategies. There also exists an Anti Corruption Council which comprises of Head of Department (HOD’s); South African Police Service (SAPS); Special Investigating Unit (SIU), Public Protector, the State Security Agency (SSA) and the PSC. The Director General chairs the structure.

 

2.6Northern Cape

2.6.1Provincial Revenue

The Northern Cape Province received a total adjusted budget of R10.866 billion during the financial year 2011/12. The departments of Education and Health received the bulk of the budget, R4.11 billion and R3.011 billion, respectively.

In 2012/13, the Province got appropriated an annual budget of R11.355 billion. The key budget drivers, the Department of Education received R4.197 billion while the Department of Health got R3.121 billion. 

2.6.2Provincial expenditure

By the end of the financial year, 2011/12, the Province spent 99 per cent of its allocated budget. All provincial departments have spent more than 90 per cent except for the PT, which spent 88.5 per cent. Most of departments were close to 100 per cent spending at the end of financial year.

Overall in terms of economic classification the Province has spent R10.763 billion or 99.0 per cent of the allocated R10.866 billion adjusted budget. Spending on current payments shows that the Province has spent R7.932 billion, which is almost 100 per cent of the current payments budget allocation. R1.348 billion or 95.2 per cent of transfers and subsidies was spent and R1.481 billion or 97.7 per cent paid for capital assets

At the end of the first quarter of 2012/13, the provincial expenditure reflected total spending of 22.6 per cent. By July 2012, the Province had spent 30.5 per cent of the provincial budget. The majority of departments were slightly above 30 per cent with its expenditure performance.

The Department of Agriculture, Land Reform and Rural Development recorded significant under-spending, which was at R101.744 million or 13.9 per cent of the department’s allocated budget. Some departments have projected over-expenditure at the end of the 2011/12 financial year. At top of the list, Health projected overspending by R94.554 million and Roads and Works expected to spend R63.342 million more than its initial budget. An overall projection of the provincial overspending was R226.995 million in August 2012.

 

2.6.3Fraud and corruption prevention mechanisms

After the briefing by the Northern Cape PT on their plans and/or systems in place to deter fraud and corruption in the Province, the Committee was of the view that these issues were not adequately addressed. The Committee then requested the PT to submit a written response within seven working days after the meeting.

On 07 September 2012, the Northern Cape PT provided the Committee with the written response summarised below.

The PT indicated that the short term strategy to deter fraud and corruption was to centralise within the PT, the system controllers function that authorise the creation of users for both PERSAL, BAS and LOGIS.

In addition to this, the Province was investigating the implementation of a system that would on a daily basis provide information on suppliers banking details that have changed and then investigate the reasons for change. The Province was also working on the centralisation of supply data base to improve its functionality.

In the long run the Province was working towards the implementation of the biometric system as the final solution to bring an end to fraud and corruption perpetrated using transversal government financial systems.

 

2.7North West

2.7.1Provincial Revenue and expenditure  

The North West Province had a total budget of R25.036 billion for the financial year, 2011/12.

The overall expenditure of the Province at the end of the fourth quarter of 2011/12 was R23.939 billion, which is 95.6 per cent of the adjusted budget. Low spending of 90 per cent and below was registered for the Office of the Premier, the departments of Sport, Arts and Culture, Economic Development; Environment; Conservation and Tourism, Public Works, Roads and Transport and Agriculture and Rural Development.

Highest spending was registered in the Provincial Legislature, departments of Health, Education and Training, Social Development, Women; Children and Person with Disabilities and Human Settlements; Safety and Liaison (Human Settlement Branch), all above 97 per cent.

According to the PT, under-spending in the Department of Education and Training was mainly on CoE. This was attributed to failure to appoint the Grade R teachers, instead, excess educators were trained and placed in those posts. The Department of Public Works, Roads and Transport under spent on its conditional grants, of which the Provincial Roads and Maintenance Grant (PRMG) was R246 million.  The review of the committed projects with the PRMG was only finalized in March 2012. A rollover of R107 million has been approved accordingly.

As at the first quarter of 2012/13, all the departments spent below the estimated 25 per cent threshold. The highest spending was recorded by the Provincial Legislature with 24.84 per cent and Human Settlements, Safety and Liaison (Human Settlement Branch) with 24.78 per cent. Lowest spending was registered in the Departments of Public Works, Roads and Transport with 11.58 per cent and Agriculture and Rural Development spending only 14.24 per cent of the budget.

Spending on all economic classification items was below the estimated 25 per cent with the highest spending of 23.29 per cent on CoE (R3.533 billion of the allocated budget of R15.174 billion). It appears that the bulk of the budget is actually spent more on CoE, with lack of planning, implementation and spending on core service delivery areas, such as land and buildings and goods and services categories, which all registered spending below 14 per cent.

The low spending trend by departments on these economic classification items may have a negative impact on areas such as maintenance of schools, clinics, hospitals, roads and government buildings. This might also result in under spending at the end of this financial year, particularly, on infrastructure.

The departments of Social Development, Women, Children and Person with Disabilities and Human Settlements, Safety and Liaison (Human Settlements Branch) project to overspend on their CoE budgets by R26.9 million and R20 million respectively, whilst the Department of Agriculture and Rural Development projects to under spend its budget by R7.5 million.

 

2.7.2Fraud and corruption prevention mechanisms

 

According to the PT, the Province prevents fraud and corruption as follows:

• SCM: The Province enforces compliance through regular audits and compliance reviews; assesses delegations and segregation of duties. All service providers are registered on a Central Supplier Database and an E-Procurement tool was acquired. The automated system ensures supplier rotation. The Province issues directives to departments to rotate the SCM Officials within their SCM units, vetting of all SCM Officials, and provides frequent training to departments and Public Entities on SCM Policies and practices.
• Risk Management Units: These units were developed in the departments with the aim to increase awareness of fraud and corruption and to deter such activities.
• Municipal intervention: The Province intervenes in municipalities regarding the Annual Financial Statements, capacity building, appointments and skilling of staff through financial training.

 

PT conducts daily scrutiny of exceptions generated by the PERSAL system to identify any irregular payments and take necessary actions to stop the payments. Furthermore, PT imposes thresholds of approval at stages of contracting or contract administration processes and addresses the institutional weaknesses in the SCM processes through establishment of structured committees and the appointment of competent officials.

PT also encourages the departments to do a pre-employment screening thorough background checks, such as prior employment history, tertiary qualifications and memberships of professional associations of employees and contractors, service providers, etc.

2.8Western Cape

2.8.1Provincial Revenue and Expenditure

The Western Cape Province received an adjusted budget of R37.088 billion during the financial year 2011/12.

The Province spent R36.949 billion (99.6 per cent) of the adjusted estimate of R37.088 billion, which was R2.890 billion (8.5 per cent) more than what was spent as at 31 March 2011. The Province registered net under spending of R138.459 million (0.4 per cent). This occurred mainly in the Transport and Public Works (R45.451 million), Health (R41.147 million) and Education (R15.999 million).

The Department of Education received R13.361 billion against the revised provision of R13.377 billion while the department of Health’s budget amounted to R13.388 billion of the revised appropriation of R13.429 billion. The department of Social Development aggregate budget amounted to R1.317 billion compared to a revised provision of R1.332 billion.

The Province projected an overspending of R55.048 million comprising of the following departments, R53.664 million from Health due to the opening of beds to accommodate the shift of services to the Khayelitsha District hospital and R1.384 million from Human Settlements due to an incorrect PERSAL interface and the difference between budgeted cost of living increase and negotiated salary increase.

 

2.8.2Mechanisms to prevent fraud and corruption

The Western Cape Province put in place the following measures to prevent fraud and corruption:

• Strengthening of the governance environment: This included full review of PT Instructions; development of a departmental SCM systems and delegations policy; development of Standard Operating Procedures (SOPs), transaction checklists, reporting tools, frameworks etc; Strengthened Monitoring  and Evaluation (M&E) process via compliance assessment, reporting; introduced Annual Financial Governance Review and Outlook process and the introduction and use of electronic systems;
• Current Transversal Systems: The Province centralised access control and user account management; enforces the use of LOGIS for all payments for goods and services; limited payments via BAS; develop monthly expenditure reports to departments; monthly monitors personnel establishments and expenditure; expects to introduce spending analysis tool;
• Western Cape Supplier Database: The Province will only do business with registered suppliers from 1 September 2012. All suppliers’ details (tax, BEE status, conflict of interest) would be recorded on the database and would also be compared monthly with the PERSAL information; and
• E-Sourcing: The E-procurement system has been upgraded. The electronic procurement for purchases between R10 001 to R500 000 and above R500 000 had been introduced. Contract management system would still be explored.
•  

3.OBSERVATIONS AND FINDINGS

 

Having considered the above issues, the Select Committee on Finance noted that:

 

3.1    Government departments do not draft contracts in terms of specifications that need to be followed by service providers;

3.2    The Eastern Cape and North West Provinces have adequate funding but the challenge remains how they are spending their budgets;

3.3    Most provinces had a challenge with the vetting of supply chain management officials by the National Intelligence Unit as this compromised the quality of personnel that departments employ;

3.4    Provincial Treasury of the Northern Cape did not sufficiently reflect on their plans or systems to deter fraud and corruption;

3.5    Some provinces had projected over-expenditure at the end of the financial year of 2012/13, while they do not have plans to address such estimates; and

3.6       Provinces lack management frameworks for managing people working on systems such as BAS, PERSAL, and LOGIS in government departments.

 

4.RECOMMENDATIONS

Based on the findings and observations mentioned above, the Select Committee on Finance recommends as follows:

4.1       Government departments should consider drafting contracts themselves so that service providers sign what the departments requires from them;

4.2       The National Intelligence Agency should consider taking at least 21 days when it comes to the vetting of officials working on the supply chain management for departments;

4.3       Provinces should look at implementing the use of a biometrics system in preventing fraud and corruption within government departments;

4.4       Provinces should consider developing management frameworks for managing people working on systems such as BAS, PERSAL, and LOGIS in government departments;

4.5       Western Cape and Northern Cape Provincial Treasuries should develop plans to address the findings by the Auditor General, particularly on the supply chain management matters. This plan should be developed within 3 months after the adoption of this Report by the House;

4.6       Units that are responsible for awarding of Government contracts should frequently check the expiry date of contracts to avoid the wasteful expenditure that is taking place;

4.7       Free State Provincial Treasury should monitor and verify spending performance trends by the department of Health and Education as this is of great concern to the Committee;

4.8       Northern Cape Provincial Treasury should monitor the overall spending of the Department of Education and Health;

4.9       Northern Cape Provincial Treasury should develop proper plans to deter fraud and corruption in the Province within three months after the adoption of the report by the House; and

4.10      Provincial Treasuries should consider adopting the KZN model of preventing fraud and corruption when developing plans for their respective Provincial Governments.

 

Report to be considered.

 

TUESDAY, 20 NOVEMBER 2012

 

ANNOUNCEMENTS

 

National Assembly and National Council of Provinces

 

The Speaker and the Chairperson

 

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

 

1. Bill passed by National Assembly on 20 November 2012:

 

1. Constitution Seventeenth Amendment Bill [B 6B – 2011] (National Assembly – sec 74(3)(a)).

 

1. Bills passed by National Council of Provinces on 20 November 2012:
   1.  Sheriffs Amendment Bill [B 2B – 2012] (National Assembly – sec 75).

 

1. Road Accident Fund (Transitional Provisions) Bill [B 22B – 2012] (National Assembly – sec 75).

 

National Council of Provinces

 

The Chairperson

 

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

 

1. Bill passed by National Assembly and transmitted for concurrence on 20 November 2012:

 

1. Adjustments Appropriation Bill [B 32 – 2012] (National Assembly – sec 77)

 

         The Bill has been referred to the Select Committee on Appropriations of the National Council of Provinces.

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1.      The Speaker and the Chairperson

 

1. Report of the South African delegation to the 124th Inter-Parliamentary Union (IPU) Assembly in Panama from 15 to 20 April 2011, as adopted by the Parliamentary Group on International Relations on 16 October 2012.

 

Report of the South African delegation to the 124th Inter-Parliamentary Union (IPU) Assembly in Panama from 15 to 20 April 2011, as adopted by the Parliamentary Group on International Relations on 16 October 2012:

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1. Introduction

 

Established in 1889, the Inter‑Parliamentary Union (IPU) is an international organisation of Parliaments of sovereign states. The IPU is one of the leading organisations in the promotion and strengthening of the institutions of parliamentary democracy. The organs of the IPU are the Assembly, the Governing Council, the Executive Committee and the Secretariat.

 

The IPU supports the efforts of the United Nations, whose objectives it shares and works in close co-operation with. It also co-operates with regional inter-parliamentary organisations as well as with international inter-governmental and civil society organisations that are motivated by the same ideals.

 

The IPU’s membership currently comprises of 157 member parliaments and 9 international parliamentary assemblies who are associate members.

 

1. Agenda

 

The agenda for the 124th IPU Assembly was as follows:

 

1. Election of the President and Vice-Presidents of the 124th Assembly
2. Consideration of possible requests for the inclusion of an emergency item in the Assembly agenda
3. General debate on the political, economic and social situation in the world with the overall theme of Parliamentary accountability: living up to people’s expectations
4. Providing a sound legislative framework aimed at preventing electoral violence, improving election monitoring and ensuring a smooth transition of power (First Standing Committee on Peace and International Security)
5. The role of parliaments in ensuring sustainable development through the management of natural resources, agricultural production and demographic change (Second Standing Committee on Sustainable Development, Finance and Trade)
6.  Transparency and accountability in the funding of political parties and election campaigns (Third Standing Committee on Democracy and Human Rights).
7. Approval of the subject items for the 126th Assembly and appointment of the rapporteurs

 

1. Delegation

 

The delegation to the 124th IPU Assembly consisted of: Mr M V Sisulu MP (Speaker and Leader of Delegation), Mr C T Frolick, House Chairperson (Committees), Ms M T Kubayi MP, Ms S C N Shope-Sithole MP, Mr G D Schneeman MP, Mr M C Maine MP, Ms M C Dikgale MP, and Mr J J McGluwa MP.

 

The delegation was assisted by Ms C Paulse, Ms T Lyons (Secretary to Parliament’s Office), and Ms C Mhlambiso from the International Relations Section of Parliament. Mr K Somgqeza, International Relations Divisional Head, attended the meetings.  Mr P Lebeko and Ms M Cannon from the Office of the Speaker supported the Speaker during the conference. Ms B Trout supported the House Chairperson of Committees (National Assembly).

 

Mr K Mansura (Secretary to the National Assembly), Ms P Davids (Office of the Secretary to Parliament), Mr R Poliah (Section Manager: ICT) and Mr E Phindela (Secretary to the National Council of Provinces) attended the meetings of the Association of Secretaries General of Parliaments (ASGP).

 

4.   Meeting of Southern African Group

 

The Southern African Group met on Thursday, 14 April 2011. Speaker Sisulu chaired the meeting and informed those present that the SADC Secretariat had requested the South African Parliament to convene the meeting. 

 

Representatives from Zimbabwe, Namibia, Mozambique, Zambia and Lesotho attended the meeting.

 

The meeting was informed that the representatives from the Africa Region on the IPU Executive would present a report on the IPU Executive Committee activities at the Africa Geopolitical meeting scheduled for the afternoon of 14 April 2011.05.04

 

The meeting was informed of the three (3) emergency items on the agenda of the IPU Assembly for consideration and adoption. The meeting discussed the items, Call for urgent global action to assist earthquake- and tsunami- hit Japan and to prevent the impact of the disaster on the region as a whole (Pakistan), Parliamentary action to strengthen the right to self-determination of peoples within the framework of international law (Venezuela), and The role of the IPU in ensuring a democratic transitional process towards the empowerment of women in the Middle East and North Africa (Indonesia), at length and agreed to support the item proposed by Pakistan.

 

The Chairperson informed the meeting of the vacancies to be filled during the 124th IPU Assembly:

• Two vacancies for the Africa Group on the Bureau of the First Standing Committee (titular and substitute);
• Designation of representatives of the Africa Group on the Standing Committee and emergency item drafting committees.

 

The meeting was advised that the rules of the standing committees prescribe that the number of members of a drafting committee shall not normally exceed eleven. The composition should take into account equitable geographical distribution and political and gender balance. The rapporteurs who have prepared the report and the draft resolution on the item placed on the Committee’s agenda must take part in the proceedings of the drafting committee as members or advisers.

 

5.         Africa Geopolitical Group Meeting

 

The Africa Geopolitical Group met on Thursday, 14 April 2011.  The meeting was chaired by Mr Edourd Mokolo (Democratic Republic of Congo).  The Africa Group deliberated on the following items:

 

Report of the representatives of the African Group in the IPU Executive Committee

The African representative on the IPU Executive presented the report on the activities of the Executive Committee:

• Rules of procedure for the coming five years for the main bodies and the subsidiary bodies;
• Consideration of the new strategy for the IPU;
• Reports from the IPU President and the Secretary General of the activities for 2010;
• Report on the status of non-working Members on the committees;
• Financial activities of the IPU;
• The recovering of the contributions;
• The budget for 2012;
• Cooperation with UN Organisations and their agencies;
• The 2012 – 2017 IPU Strategy;
• Governing Council of the IPU and the Assembly meetings of Panama;
• Meeting of Small Island Developing States;
• Climate change;
• Reports on committees and specialised committees; and
• The provisioning of an agenda for the Governing Council of the Bern meeting.

 

Emergency item

 

The Africa group decided to support the emergency item proposed by Pakistan.

 

Vacancies to be filled during the 121st Assembly

 

The Africa Geopolitical Group filled the vacancies of the titular and substitute positions on the First Standing Committee by nominating Mr A Cherar (Algeria) as titular member and Mr B Abdulaye (Cameroon) as substitute member.

The meeting was requested to submit names for candidature for the first-, second-, third – and emergency item drafting committee to the African Parliamentary Union (APU) Secretariat. The membership were  reminded that regions should be considered for these drafting committees that do not currently have representatives on these drafting committees.

 

Any other business

 

The Chairperson presented the following information to the meeting:
 

• Three Members of the Africa Group must form part of the Scale of Contributions Committee;
• Morocco is lobbying for the President of the IPU;
• Consideration of subject topics for the 126th IPU Assembly, Kampala.

 

Sudan informed the meeting of the outcome of the Referendum. The representative indicated that the country is currently occupied with the reconstruction process. The election results have been recognised by the President, Parliament and international community and North Sudan will be assisted to build a new state and with the peaceful emergence of a strong state. The representative made a call to all African Parliaments to support the rebuilding process of the two states.

 

The Assembly, as proposed by Speaker Sisulu, should be made aware of the successful outcome of the referendum and should issue a note of congratulations to the people of Sudan for the peaceful process.

1. Coordinating Committee of Women Parliamentarians

 

Ms Shope-Sithole attended the meeting as a substitute on the Coordinating Committee.

 

The 16th Meeting of Women Parliamentarians received a brief presentation from Ms Dana Castaneda Guardia, Second Vice President of the National Assembly of Panama.  Ms Guardia would chair the 16th Meeting of Women Parliamentarians.

 

Participants were informed of the vacancies to be filled during the 124th Assembly and these included those of two titular representatives from the Arab Group to fill vacancies left by Ms Greiiss (Egypt) and Ms A Al Qubaisi (United Arab Emirates) who were no longer members of Parliament, one titular regional representative from the Asia Pacific Group to replace Ms J Hall (Australia) who had resigned from her post on the Committee and one substitute regional representative from the Eurasia Group not filled during the 15th Meeting of Women Parliamentarians.  The meeting also considered the matter of a vacancy for a First Vice President.

 

The Coordinating Committee was also informed of the gender activities at the IPU in particular the work of the IPU in Tunisia.  The IPU sent an expert mission to Tunisia from 22 – 24 March to advocate for an election system conducive to gender parity in the future Constituent Assembly.  In this regard it can be noted that the elections for Tunisia’s Constituent Assembly, which will be held on 24 July 2011, will make use of a proportional list system to ensure gender parity.  Ms Shope-Sithole congratulated the IPU on this work and noted that in South Africa, the ruling party had provisions to ensure 50% representation of women in Parliament.

 

The meeting also received an input from the IPU Secretary-General, Mr A Johnson, on the IPU Strategy for 2012 – 2017.  He thanked the Coordinating Committee for their inputs into the IPU Strategy and noted that the majority of these inputs had been incorporated into the text prepared by the Executive Committee in pursuit of the objective of ensuring that gender was mainstreamed in the IPU.  The Strategy would now be submitted to the Governing Council for adoption and its 189th session in October 2011.

 

7.         16th Meeting of Women Parliamentarians

 

In accordance with Rule 8, the Meeting was opened by the President of the Coordinating Committee, Dr N Assegaf (Indonesia), who then presided over the election of the President of the Meeting.  According to Rule 7, the meeting would be chaired by a woman member of the host Parliament of the 124th Assembly.  Accordingly, Ms Dana Castaneda Guardia, Second Vice President of the National Assembly of Panama, was nominated and elected by acclamation. Ms Shope-Sithole seconded the nomination.

 

The meeting proceeded to look at the gender activities of the IPU including the work of the Coordinating Committee of Women Parliamentarians at the sessions held in Geneva (October 2011 and February 2011). The meeting also looked at the status of the participation of men and women in the 124th IPU Assembly.  It was noted that this Assembly had one of the highest levels of women participation in recent years with a total of 187 women parliamentarians or 29.5% women participation. It was further noted that 13 multi-member delegations comprised of only male MPs and 1 multi-member delegation (that of Angola) comprised of only women.

 

The Meeting of Women Parliamentarians discussed the following items of the agenda of the 124th Assembly:

 

Providing a sound legislative framework aimed at preventing electoral violence, improving election monitoring and ensuring the smooth transition of power (First Standing Committee)

 

Transparency and accountability in the funding of political parties and election campaigns (Third Standing Committee)

 

Participants were divided into two groups with a moderator and rapporteur for each working group.  The aim of these working groups was to ensure that a gender perspective was included to the draft resolutions. As such, the rapporteur for each group would draft amendments to the draft resolutions before the First and Third Standing Committees. 

 

Before the participants divided into groups they received a brief presentation from Ms Julie Ballington, Gender Advisor at the United Nations Development Programme (UNDP), on the findings of a recent study on the role of political parties in promoting women’s political participation and on gender based electoral violence.

 

Ms Kubayi, as rapporteur of the Third Standing Committee, was given an opportunity to take the floor prior to it being opened for general debate on the topic before the Third Standing Committee.  It was indicated that the draft resolution had tried to address the aspect of gender parity, but that the deliberations of the women parliamentarians to enrich the resolution in a manner which would aim to promote gender equality in politics as well as to recognise that measures to support women during and after elections were necessary, was welcomed.

Mrs Shope-Sithole requested the IPU and the UNDP to develop training programmes for women to empower them in their legislative and oversight roles, especially in regard to their interaction with communities.

 

In regard to the draft resolution before the First Standing Committee it was proposed that a clearer definition of electoral violence should take into account violence of a physical, verbal and cultural nature. A normative framework which legislated against electoral violence was considered essential specifically in respect of violence against women. Education should guarantee the equal participation of men and women in electoral processes. The media should also be sensitised to ensure that reporting was gender sensitive and not discriminatory.

 

In regard to the draft resolution before the Third Standing Committee it was noted that women are confronted with more funding challenges than men. In this regard, strong political will, gender sensitive internal polices and a distribution of resources that takes into account the needs of women are required in political parties. Political parties should do more to support the candidatures of women, including considering matters such as for example subsidies for child care. Furthermore, non‑discrimination should be enshrined in constitutional and electoral laws and women should receive support for, during and after elections. Education and training programmes were considered as a key component ore in support of women candidates

 

During the afternoon session the meeting looked at the status of women in national parliaments, in particular progress and setbacks in parliaments in 2010. The meeting also looked at the work done by the IPU to strengthen the parliamentary dimension of the United Nations efforts to promote partnership between men and women.

 

The meeting then proceeded to a dialogue session between men and women on gender sensitive parliaments.  It was noted that a gender sensitive parliament was one that responded to the needs and interests of both men and women in their structures, operations, methods and work. The meeting looked at how to develop a gender sensitive parliament. Gender mainstreaming as a strategy to achieve gender equality was discussed as well as the results of the IPU’s survey on Gender Sensitive Parliaments. The panelists for the discussion were Ms Ann Borman, Swedish gender expert, and Dr Sonia Palmieri, author of the Gender Sensitive Parliament IPU survey.

 

Ms Shope-Sithole indicated that in South Africa the percentage of women parliamentarians was at 43.8% and that in provincial legislatures the percentage was at 44.9%. At the level of the executive women account for 40% of national ministers and deputy ministers. At the level of the provinces women also constitute 40% of the members of the executive councils. At local government level women still remain underrepresented at 30% female mayors and 10.4% of municipal managers. It was also indicated that a concern was representation in the private sector. Work to ensure economic liberation, specifically for women was of great importance.

 

The next Meeting of Women Parliamentarians would be held in 2012 in Kampala (Uganda).

 

8.         Working Group on the Scale of Contributions

 

A working group composed of South Africa (Mr McGluwa), France, United Kingdom, Australia, India, Indonesia, Brasil and Japan was convened to consider proposals for the scale of contributions (2012) for IPU subscriptions.

 

A discussion paper was presented to the working group set up to review the IPU scale of contributions for 2012.

 

The proposal of a United Nations scale of assessment revised every three years was considered by the working group as a starting point for establishing the capacity of member parliaments to pay. This scale takes into account gross national income (GNI) averaged over several years, exchange rates, debt burden and low per capita income. The proposal has also taken into account the ability of countries to pay the contribution.

 

The meeting was in general agreement that an increase of the contributions is necessary taking into account inflation and the increase of the cost for services.

 

The meeting was however of the opinion that further consultations is required before approving the proposal for adoption by Assembly during October 2011 in Bern.

 

Several concerns were raised:

• The overall budget has to be considered with the possibility of cutting some expenditure, especially the operational budget (as proposed by South Africa) before considering the increase of contributions;
• A table of amounts presenting the actual Swiss Francs that contributions would be decrease or increased with;
• The table of proposed increases contains perverse results (warped scale);
• The Swiss Francs had appreciated quite substantially adding more costs to subscriptions;
• Several countries indicated that since their country budgets were cut it would be difficult to motivate for the increase of subscription.

The Chairperson raised the following facts:

• The IPU has been negotiating with several countries to join and this would then result in the cost being spread over a larger number of countries thereby reducing the subscription costs per country;
• The IPU has to consider adopting a system, since a structured approach to subscription increases has to be adopted;
• The IPU would only be able to cover about 85% (two-thirds) of its budget If the UN scale is applied to calculate subscriptions.

 

The meeting was subsequently presented with additional information i.e. the table of actual amounts applicable to the proposed increase.

 

The meeting agreed that further consultations are required before the adoption of a proposal by the Assembly in Bern October 2011.  Additional meetings to discuss the scale of contributions would be coordinated by the IPU Secretariat before the meeting in Bern.

 

1. Meeting of the Governing Council

 

The Governing Council met on Sunday, 16 April and Wednesday, 20 April. South Africa was represented in the Governing Council by the Speaker, Mr Frolick and Mr McGluwa. 

 

Approval of the summary records of the 187th session of the Governing Council

 

The summary records of the 187th session were approved.

 

Questions relating to IPU membership

 

The Governing Council decided on requests for affiliation to the IPU. 

 

The Governing Council approved the request from the Inter-Parliamentary Union of the Member States of Trinidad & Tobago and Comores.

 

Report of the President

 

The President reported on his activities since the 187th session of the Governing Council and on the activities of the Executive Committee.

 

Interim Report by the Secretary-General on the activities of the Union since the 187th session of the Governing Council

 

The Secretary-General presented a report on the activities of the IPU since the 187th session of the Governing Council. 

 

He also presented a report on the annual reporting exercise of IPU members.  It was noted that some Members had not fulfilled their statutory obligation to submit annual reports on how their parliaments had followed up and implemented recommendations of the three resolutions adopted at the 122th Assembly, namely: Cooperation and shared responsibility in the global fight against organised crime, in particular drug trafficking, illegal arms sales, human trafficking and cross-border terrorism; The role of parliaments in developing South-South and triangular cooperation with a view to accelerating achievement of the Millennium Development Goals; Youth participation in the democratic process; and The role of parliaments in strengthening the solidarity of the international community towards the people of Haiti and Chile in the wake of devastating major disasters, and urgent actions required in all disaster-prone countries to improve disaster-risk assessment, preventing and mitigation (Emergency item).

 

He further informed the members of the IPU project of a global survey that would be launched during the current IPU Assembly. The global survey’s objective is to gather information on politicians and the work of politicians. The survey would be the first of its kind and he made an appeal for the support of Members when approached to complete the survey. The results of the project will be presented during the 125th IPU Assembly scheduled for October 2011.

 

Financial results for 2010

 

The Secretary‑General of the IPU presented the report on the financial results for 2010.

 

The membership raised the following concerns:

 

• The operational budget that comprises a big portion of the budget;
• The need for specialised focus areas in order to ensure an impact of the IPU programmes;
• The need to further look at reducing costs; and
• The presentation of accurate figures that corresponds to the time period under scrutiny.

 

The Secretary‑General assured the Assembly that the Secretariat would make an attempt to relook the budget to ensure that their concerns are taken account of.

 

The Auditor presented a report on the auditing process of the IPU financial records for 2010.

 

Reports on recent IPU specialised meetings

 

The Council also noted the following reports on recent IPU specialised meetings:

 

• Seminar on United Nations Human Rights Treaty Bodies (Switzerland, 7 October 2010).
• Joint Conference with the Association of Secretaries General of Parliament (Switzerland, 7 October 2010)
• Information Seminar on Parliaments and the Cedaw (Switzerland, 7 October 2010).
• Eastern and Southern Africa Parliamentary Regional Workshop on “Children and AIDS: The social protection response, the role of the Parliaments (Windhoek, 20 – 22 October  2010).
• World e-parliament Conference (South Africa, 21 – 22 October 2010).
• International Parliamentary Conference “Parliaments, minorities and indigenous peoples: Effective participation in politics” (Mexico, 31 October – 3 November 2010)
• Annual Parliamentary Hearing at the United Nations (New York, 2 – 3 December 2010).
• Parliamentary Meeting on the occasion of the United Nations Climate Change Conference (COP16), (Mexico, 6 December 2010).
• Regional Seminar for Twelve Plus Parliaments on youth participation in democracy, (United Kingdom, 8 – 9 December 2010).

 

Consolidation of the reform of the Inter-Parliamentary Union

 

The Governing Council gave further consideration to the reform of the IPU.  Members were also informed on the process that had been put into place to develop a strategic plan for the future development of the IPU.  A revised draft strategic plan for the IPU for 2010 to 2015, considering amendments proposed by Member States, was submitted to the Council for consideration. (Revised text annexed)

 

Members were requested to bring the document to the attention of their parliaments and submit responses on its further refinement to the IPU before the end of June 2011.  The final version, considering inputs, would be tabled for adoption during the 125th IPU Assembly.

 

Activities of committees and other bodies

 

The Governing Council examined the reports of the following bodies and committees:

 (a) Coordinating Committee of the Meeting of Women Parliamentarians

(b) Committee on the Human Rights of Parliamentarians

(c) Committee on Middle East Questions

(d) Gender Partnership Group

(e) Advisory Group on HIV/Aids

 

125th IPU Assembly

 

The 125th IPU Assembly will take place in Bern (Switzerland) from 16 to 19 October 2011.

 

Future Inter-Parliamentary meetings

 

The following statutory assemblies will take place:

 

1. 31 March – 5 April 2012 – 126th Assembly and related meetings (Kampala, Uganda)
2. 21 – 26 October 2012 – 127th Assembly and related meetings (Quebec City, Canada)

 

A list of specialised meetings was also distributed.

 

1. Meetings of the Assembly

 

The 125th Assembly was opened on Saturday 16 April by the President of the IPU, Mr Theo-Ben Gurirarb.

 

The 125th Assembly theme was Parliamentary accountability: Living up to people’s expectations.

 

The UN Under-Secretary-General and Executive Director of UN Women, Ms Michelle Bachelet, addressed the Assembly before the debate on the political, economic and social situation in the world.

 

The Speaker’s input focused on what is expected of Parliaments and the role of parliamentarians to ensure that they live up to people’s expectations.  Parliamentarians have the Constitution as a basis and the oversight tools effectively to deliver on these expectations. Within this context the challenges of poverty, climate change and MDGs should be addressed to ensure delivery of expectations. He concluded his input by stating that parliamentarians should in essence be agents of progressive change.

 

The meeting then considered the requests for the inclusion of an emergency item in the agenda of the Assembly.  Three requests had been received, namely:

 

• Call for urgent global action to assist earthquake- and tsunami-hit Japan and to prevent the impact of the disaster on the region as a whole (Pakistan)
• Parliamentary action to strengthen the right to self-determination of peoples within the framework of international law (Venezuela)
• Strengthening democratic reform in emerging democracies, including North Afria and the Middle East (Indonesia, Islamic Republic of Iran and New Zealand)

 

After a brief introduction to each proposal by the proposers, Pakistan withdrew their proposal in favour of a combination of the items proposed by Venezuela, Indonesia, Islamic Republic of Iran and New Zealand.

 

The President of the IPU announced that a political statement on the natural disaster that took place in Japan will be issued by the Assembly.  The proposals of the President were accepted by acclamation.

 

1. Advisory Group on the Committee on United Nations Affairs

 

The Advisory Group met on 5 October 2010 to draft the Committee’s report and to discuss future action. Mr Frolick attended the meeting as the representative of South Africa on the Advisory Group.

 

The meeting was co-chaired between the President of the IPU and the President of the UN General Assembly.  This is part of ongoing measures to work towards closer collaboration between the UN and the IPU.

 

The following key matters emerged out of the informal discussions:

 

Three clusters were identified by the. President of the UNGA for on-going collaboration:

 

• Development and reduction of poverty;
• Green economy and sustainable development; and
• Global governance - "Reaffirmation of the role of the UN in global governance".

 

Upcoming UN events

 

• High-level meeting on HIV/AIDS from 8-14 June 2011;
• High-level meeting on Youth from 25-26 July 2011; and
• Informational thematic debates on the green economy, Inter-cultural dialogue, broader aspects of global governance, etc.

 

General

 

• According to the President of the UNCA the key question on the UN is  "How to advance the UN Development Programme beyond 2015".
• Speakers raised concern over the lack of movement to reform the UN;  and
• The implementation of the UN Security Council Resolution on Libya.

 

The Group also considered the modalities for the functioning of the Advisory Group, the draft statement on the Millennium Development Goals and the proposed resolution to be adopted by the United Nations General Assembly. The Group was also requested to scrutinise the preliminary draft report of the IPU Committee on United Nations Affairs.

 

In addition, the Group deliberated on the following issues:

 

• 2010 Parliamentary Hearing at the United Nations (2 – 3 December 2010)
• Field missions in 2011
• Consideration of the agenda for the October 2011 session of the IPU Committee on United Nations Affairs

 

Due to time constraints the Group agreed to revisit some of these issues and to finalise the discussions during the meeting scheduled for October 2011.

 

12.       First Standing Committee on Peace and Security

 

The Committee met on 16 April 2011 to deliberate on the topic of Providing a sound legislative framework aimed at preventing electoral violence, improving election monitoring and ensuring smooth transition of power.

 

The co-rapporteurs presented a synopsis of the report and draft resolution for consideration by the Committee. The Committee members deliberated on the issues and recommended amendments.

 

Mr Schneeman was elected to Chair the Drafting Committee of the First Standing Committee.

 

The Drafting Committee was represented by United Kingdom, Bangladesh, Zimbabwe (Co-Rapporteur), India (Co-Rapporteur), Gabon, Korea, Iran, Palestine, Venezuela, Argentina and the United Nations Representative.

 

After a robust engagement of the members arguing for and against proposed amendments a final resolution was agreed to.

 

The resolution was submitted to the meeting of the First Standing Committee that took place on Monday, 18 April 2011. The meeting adopted the draft resolution.

 

13.       Second Standing Committee on Sustainable Development, Finance and Trade

 

The Committee met on 17 April 2011 to deliberate on the topic of The role of Parliaments in ensuring sustainable development through the management of natural resources, agricultural production and demographic change.

 

The second standing committee met to deliberate on the report and draft resolutions prepared by the co-rapporteurs, Mr A Cherrar (Algeria) and Ms K Ferrier (Netherlands).

 

Mr McGluwa noted that the outcome to be achieved with the resolution was of great importance.  He further noted the importance of binding resolutions during the COP17 conference that would be hosted by in Durban, South Africa in December 2011. He emphasised that the greatest effect of climate change was felt in developing countries and that an aspect of increasing importance in developing countries was the scarcity of water and the need to undertake programmes to protect this resource.

 

The Committee adopted the draft resolution on Tuesday, 19 April 2011.

 

14.       Third Standing Committee on Democracy and Human Rights

 

The Committee met on Saturday, 16 April 2011 to deliberate on the topic of Transparency and accountability in the funding of political parties and election campaigns”.

 

Mrs Kubayi, co-rapporteur, noted that a number of delegations had raised the issue of curbing spending limits on election campaigns.  She also noted the important amendments proposed to ensure that a gender perspective be included in the resolution.

 

The matter of regulation of media air time for political party coverage (outside of paid airtime) was an important aspect that had come through in a number of contributions.  It was noted that it was sometimes easier to control this aspect through state broadcasters as opposed to private broadcasters.  The minimum requirement of having attained a certain number of votes to access public funding was also addressed.  Mrs Kubayi expressed the view that this matter should be addressed in electoral laws, but that it was desirable to have a plurality of political parties for the electorate to choose from.

 

The drafting committee on the resolution would meet on Monday, 18 April and comprises of Canada, Monaco Switzerland, Ghana, Togo, Bahrain, Ecuador, Uruguay, Indonesia, Malaysia and the Philippines.  Mrs Kubayi formed part of the drafting committee in an advisory capacity. She was subsequently nominated to present the report to the Assembly after the Committee adopted the draft resolution on Tuesday, 19 April 2011.

 

15.       IPU Committee on COP17

 

The IPU Secretariat met with Mr Frolick to initiate discussions on COP17.

 

The meeting deliberated on setting the political and operational framework for the Parliamentary level engagement of COP17 during November/December 2011.

 

Purpose

 

To provide a report on the meeting between the South African Delegation who met with the Secretariat of the Inter-Parliamentary Union (IPU) in Panama twice on Sunday, 17 April, 2011.

 

Attendees

 

Mr Frolick (MP) House Chairperson: Committees, Oversight and ICT

Ambassador A.L. Manley (South African Ambassador to Peru and also accredited to Panama)

Mr Somgqeza (Division Manager: International Relations and Protocol)

Mr Lebeko (Office of the Speaker)

Mr Mudley (First Secretary: South African Embassy in Peru)

Mr Tchelnokov (Secretary of the Standing Committee Inter-Parliamentary Union)

 

Political

 

• The IPU Secretariat was informed that COP17 is of great importance to the IPU. The optimal time for an IPU Meeting is the second week of COP. The Secretariat is therefore considering a one day meeting on 05 December, 2011.

 

• The South African Parliament should prepare a Declaration or Outcomes Document for distribution and comment. This should be done 3 months prior to the meeting in Bern 16 – 19 October, 2011, (mid July 2011).The draft should reflect the VALUES which are important to Parliamentarians. The form and content the document should be a powerful political declaration addressed to both governments and parliamentarians and with the aim to facilitate the draft’s adoption by all participants in the Parliamentary meeting in Durban, without resorting to re-drafting or voting.

 

• The IPU will meet in a location close to the main Conference Centre. The Parliamentarians will not be given passes into the security area of the conference, as they are not official delegates but NGO observers.

 

• The IPU Secretariat is classified as an international organisation and is allowed 3/4 observers who are allocated seats in the Conference Plenary Hall and a short (3 minute) speaking opportunity during the conference.

 

• The expectation of the UNFCCC Secretariat is that the IPU Secretariat speaks on behalf of Parliamentarians. The Mexican Opposition has a different view, since they want Parliamentarians to participate in the Plenary of COP17.

 

Organisational

 

• The Inaugural Ceremony should be presided over by the Speaker of the South African Parliament and the President of the IPU (Co-Chairs). The new President of the IPU will be elected in Bern in 16 – 19 October, 2011.

 

• Five guest speakers should be invited, preferably people who are already at COP17 in another capacity to avoid costs on airfare, accommodation and S&T. The Chair of COP17

 

This engagement will continue after the conclusion of the 124th IPU Assembly, since hosting the IPU Parliamentary level meeting on the occasion of the 17th Cooperation of Parties agreement on climate change require continuous interaction before the event.

 

16.       Panel Discussions

 

Thirty years of HIV/AIDS: Where are parliaments?

 

The meeting discussed how parliaments contribute to the AIDS response and the role that they should play in future.  The meeting was also informed of the current situation in respect of the global HIV epidemic and developments shaping the next decade of the AIDS response.

 

The panelists for the discussion were Ms Susan Timberlake, Senior Human Rights and Law Adviser, UNAIDS and Dr César Núnez, Regional Director for Latin America, UNAIDS.  The panel discussion was moderated by Mr Manuel Burgos, Director, Institute for Human Rights and Health.

 

Parliamentarians taking the lead on maternal, newborn and child health

 

The meeting was called to introduce parliamentarians to the maternal, newborn and child health (MNCH) project.  The project will be co-ordinated by the IPU and is intended to develop the required MNCH capacity and competencies within selected Parliaments. The objective of the project is to raise the profile of the MNCH in national Parliaments.

The meeting took the form of a round-table discussion to brief parliamentarians on current trends and recent developments in maternal and child health.  It was noted that each year 8 million children die before their fifth birthday and hundreds of thousands of women die in pregnancy and childbirth.  Most of these deaths are preventable and there is a global momentum to ensure the achievement of the MDG targets which are related to the health of women and children

 

The panel was chaired by Dr Carole Presern, Director of the Partnership for Maternal, Newborn and Child Health. The Speaker of the Parliament of Uganda, Ms Kadaga, formed part of the panel. She indicated that she will ensure that these discussions continue during the meetings of the 126th IPU in Uganda during April 2012.

 

The members were shown a media clip on the number of women who die during childbirth. The shocking statistics reflected that every six seconds a women die due to childbirth.

 

The platform provided members with an opportunity to share experiences dealing with this challenge and to reach this MDG target by 2015. Ms Sithole indicated that she had the opportunity to investigate the reasons due to her position some time ago for mother and child mortality. She could make a conclusion that what we lack is an effective understanding of every person who is in Government, i.e. that women’s rights is people’s rights. The IPU is in a position to advocate this position. Parliamentarians are able to scrutinise Government report if it is delivered to MPs on time, quality of report and a lack of understanding due to the failure of giving valid information. This can be rectified with the training of Members of Parliament.

 

17.       Bilaterals

 

Sudan

Mexico

Panama

 

18.       Conclusion and recommendations

 

It is recommended that the National Assembly and the National Council of Provinces refer the subject items for the 125th IPU Meetings to the Parliamentary Group on International Relations (PGIR) for engagement with the relevant parliamentary committees. These committees should, through their interaction with the PGIR focus group on the IPU seek to engage with the subject items from the perspective of South Africa with a view to influencing the resolutions which will be adopted on these subject items during the 126th  IPU Assembly in Uganda. 

 

The delegation recommends that the National Assembly and National Council of Provinces consider referring the resolution on the emergency item, adopted by the 124rd Assembly, entitled “Strengthening democratic reform in emerging democracies, including North Africa and the Middle East” to the PGIR for further consultation with the PC on International Relations and Cooperation with a view to informing the IPU on action taken by our Parliament to give effect to this resolution.

 

The delegation further recommends that the political statement on the natural disaster of Japan (earthquake and tsunami) should be tabled as a motion in the National Assembly and the National Council of Provinces.

 

It is recommended that the PGIR engage with the content of the draft strategic plan for the IPU for 2010 – 2015. A submission on this should be formulated by June 2011 for discussion by the Executive Committee of the IPU. The adoption of the draft strategic plan will be considered during the 125th IPU Assembly in Bern (Switzerland).

 

1. Report of the South African delegation to the 125th Inter‑Parliamentary Union (IPU) Assembly in Bern, Switzerland, from 16 to 19 October 2011, as adopted by the Parliamentary Group on International Relations on 16 October 2012.

 

Report of the South African delegation to the 125th Inter‑Parliamentary Union (IPU) Assembly in Bern, Switzerland, from 16 to 19 October 2011, as adopted by the Parliamentary Group on International Relations on 16 October 2012:

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1.         Introduction

 

Established in 1889, the Inter‑Parliamentary Union (IPU) is an international organisation of Parliaments of sovereign states. The IPU is one of the leading organisations in the promotion and strengthening of the institutions of parliamentary democracy. The organs of the IPU are the Assembly, the Governing Council, the Executive Committee and the Secretariat.

 

The IPU supports the efforts of the United Nations, whose objectives it shares and works in close co-operation with. It also co-operates with regional inter-parliamentary organisations as well as with international inter-governmental and civil society organisations that are motivated by the same ideals.

The IPU’s membership currently comprises of 159 member parliaments and 9 international parliamentary assemblies who are associate members.

2.         Agenda

 

The Agenda for the 125th IPU Assembly was as follows:

 

1. Election of the President and Vice-Presidents of the 125th Assembly
2. Consideration of possible requests for the inclusion of an emergency item in the Assembly agenda
3. Panel discussions on the subject items chosen for debate during the 126th Assembly (Kampala, 31 March – 5 April 2012):

• Promoting and practicing good governance as a means of advancing peace and security: Drawing lessons from recent events in the Middle East and North Africa (First Standing Committee);
• Redistribution of power, not just wealth: Ownership of the international agendas (Second Standing Committee);
• Access to health as a basic right: The role of parliaments in addressing key challenges to securing the health of women and children (Third Standing Committee);

1. Report of the IPU Committee on United Nations Affairs;
2. Amendments to the Statutes and Rules of the IPU.

 

3.         Delegation

 

The delegation to the 125th IPU Assembly consisted of Mr M V Sisulu MP (Speaker and Leader of Delegation), Ms F Hajaig, House Chairperson (International Relations), Mr C T Frolick, House Chairperson (Committees), Ms M T Kubayi MP, Ms N D Ntwanambi (Chief Whip of the Council), Mr S Mokgalapa MP, Mr L Ramatlakane MP and Mr A M Mpontshane MP.

 

The delegation was supported by Ms C Paulse (International Relations Section), Ms T Lyons (Office of the Secretary to Parliament) and Ms Z Jardine (International Relations Section). Further assistance was provided by Mr P Lebeko (Office of the Speaker), Ms L Sait (Office of the Speaker) and Ms E Lewis (Office of the House Chairperson: Committees). Ms F Hajaig was supported by Ms J Merckel (Office of the House Chairperson: IR) and Ms N Ntwanambi was supported by Ms R Molloy-Titus.

 

Mr Z A Dingani (Secretary to Parliament), Mr K Mansura (Secretary to the National Assembly), Ms P Davids (Office of the Secretary to Parliament) and Ms N Keswa (Divisional Head: ISD) attended the meetings of the Association of Secretaries General of Parliaments (ASGP).

 

4.         Meeting of Southern African Group

 

The Southern African Group meeting took place on Saturday, 15 October 2011. Speaker Sisulu at the request of SADC-PF (Zimbabwe) chaired the meeting. The Southern African countries who attended the meeting were Lesotho, South Africa, Namibia, Mozambique, Zambia, Lesotho, Congo, Mozambique,

 

The agenda of the Southern African Group meeting was as follows:

 

• Report of the representatives of the Africa Group on the IPU Executive Committee;
• The emergency item to be included in the agenda of the 125th Assembly;
• Vacancies to be filled during the 125th IPU Assembly;
• Amendments to the Statutes and Rules of the IPU; and
• Election of the Bureau of the African Group.

 

Report of the representatives of the Africa Group in the IPU Executive Committee

 

The representative of the Southern African Region on the IPU Executive is Mr T Gurirab, IPU President. Speaker Gurirab took ill and was therefore unable to present the report. The meeting was informed that the representative from Gabon will present the report at the African Group meeting.

 

The emergency item to be included in the agenda of the 125h Assembly

 

Two items were submitted for the emergency item, The plight of the people of famine‑stricken Somalia and relief efforts by IPU members (proposed by Namibia) and Realizing the right of the Palestinian people to self-determination (proposed by Palestine).

 

After a lengthy debate and the motivation presented by the Deputy Speaker of Namibia, the Southern African Group took a unanimous decision to support the emergency item proposed by Namibia.

 

Vacancies to be filled during the 125th Assembly

 

Two candidates were presented to the meeting for consideration, ie Mr A Radi (Morocco) and Mrs N A Assegaf (Indonesia).

 

The Southern African Group took a decision to support the candidate from Indonesia. This decision was based on the principle of rotation.

The Africa Group has to consider the vacancies of three Executive Committee Members, since the term of the representative of Benin, Algeria and Ethopia expires during the current October meetings.

 

The rules of the Africa Geopolitical Group prescribes the principle of rotation, therefore the candidates should be from Central, Southern and one other region. The Southern African Group nominated the Speaker of Lesotho, Speaker Motsamai for the Southern African Group. The Deputy Speaker of Namibia, Ms Mensah-Williams advised the Southern African meeting that she will nominate the Speaker of Uganda as the Eastern Africa sub-region candidate.

 

Amendments to the Statutes and Rules of the IPU

 

Algeria proposed an amendment to the statutes of the IPU to the effect that the term of office of the Secretary-General is renewable only once. Furthermore, they seek to ensure that the principle of alternating between various geopolitical groups for the origin of the Secretary-General is taken into consideration.

 

The Southern African Group decided to not support the proposed amendments by Algeria.

 

Election of the Bureau of the African Group

 

The Bureau of the Africa group is composed of the President and four Vice-Presents and the current incumbents’ term of office has come to an end. The Africa Geopolitical Group has to therefore consider nominations from sub-regions, based on the principle of rotation as prescribed by the rules of the Africa Geopolitical Group.

 

1 x President of the Bureau (Eastern Africa)

4 x Vice-Presidents from the Northern-, Southern-, Western- and Central sub-region.

 

The Southern African Group nominated Speaker Sisulu as the candidate for the Vice-President of the Southern African subregion.

 

5.         Africa Geopolitical Group Meeting

 

The Africa Geopolitical Group met on Saturday, 15 October 2011.

 

The meeting was chaired by Mr Edourd Mokolo (Democratic Republic of Congo). The Africa Group deliberated on the following items:

• Report of the representatives of the Africa Group on the IPU Executive Committee;
• The emergency item to be included in the agenda of the 125th Assembly;
• Vacancies to be filled during the 125th IPU Assembly;
• Amendments to the Statutes and Rules of the IPU; and
• Election of the Bureau of the African Group.

 

The African representative on the IPU Executive, Ms Z Bitat (Algeria), presented the report on the activities of the Executive Committee:

 

The Africa group decided to support the emergency item as proposed by Namibia.

 

The Africa Group decided to request the two candidates for the position of President of the IPU to make a presentation to the Group before a decision in terms of which candidate to support is made.The three vacancies for the vacant positions on the IPU Executive Committee were decided as follows, Eastern Africa – Uganda (Speaker Kadaga), Southern African – Lesotho (Speaker Motsamai), Western Africa to submit a candidate after they have consulted.

 

The meeting was informed that Algeria withdrew the proposed amendments to the Rules of the IPU.

 

The following candidates for the Bureau of the African Group were presented:

• President of the Bureau – Eastern Africa – Speaker Maalim (Kenya)
• Vice President – Northern Africa to submit a nomination
• Vice President – Southern African – Speaker Sisulu (South Africa)
• Vice President – Western Africa to submit a nomination
• Vice President – Central Africa to submit a nomination

 

6.         Coordinating Committee of Women Parliamentarians

 

The Coordinating Committee of Women Parliamentarians met on Sunday, 16 October 2011. The substitute representative, Ms S Shope-Sithole, was not part of the nominated South African delegation to the 125th Inter-Parliamentary Union Assembly. Ms N Ntwanambi represented the delegation at the meeting as an observer.

 

The Coordinating Committee appointed a number of its members to collect and share with the whole Committee information on the gender dimension of each of the Standing Committee topics. The member from Algeria and Jordan presented on Promoting and practicing good governance as a means of advancing peace and security: Drawing lessons from recent events in the Middle East and North Africa. The member from Mexico presented on Redistribution of power, not just wealth: Ownership of the international agendas. The member from Morocco presented on Access to health as a basic right: The role of Parliaments in addressing key challenges to securing the health of women and children.

 

The Committee made the following decisions:

• Additional activities such as mentoring, sharing of experience at constituency level, local campaigns, sharing of legislative models to ensure women representation and local caucus initiatives should be undertaken as strategies to ensure full participation of women parliamentarians in IPU meetings and to enhance the work of the Committee and the Meeting of Women Parliamentarians. This would aid the implementation of gender mainstreaming;
• The Meeting of Women Parliamentarians during the 126th IPU Assembly will discuss Redistribution of power, not just wealth: Ownership of the international agendas and Access to health as a basic right: The role of parliaments in addressing key challenges to securing the health of women and children;
• The candidates for the IPU Presidency will present their credentials and asked several questions during a session scheduled for Tuesday, 18 October 2011;
• A panel discussion, coordinated in conjunction with UNICEF, titled The role of Parliaments in combating malnutrition of young children will take place during the 126th IPU Assembly (March 2012, Uganda). The panel discussion is very timely considering the food shortages currently experienced by the Horn of Africa. This is also closely linked to MDG 4 and 5.

 

7.         Working Group on the Scale of Contributions

 

The Working Group on the Scale of Contributions met on Sunday, 16 October 2011. The 125th IPU delegation was represented by Ms M T Kubayi.

 

A working group composed of South Africa, France, United Kingdom, Australia, India, Indonesia, Brasil and Japan was convened to consider proposals for the scale of contributions (2012) for IPU subscriptions.

 

The proposal of a United Nations scale of assessment revised every three years was considered by the working group as a starting point for establishing the capacity of member parliaments to pay. This scale takes into account gross national income (GNI) averaged over several years, exchange rates, debt burden and low per capita income. The proposal has also taken into account the ability of countries to pay the contributions. This was discussed at length during the 124th IPU Assembly in Panama. The Panama was in general agreement that an increase of the contributions is necessary taking into account inflation and the increase of the cost for services. The meeting in Panama requested further deliberations before consenting to a particular scale of contributions.

 

The IPU Secretariat presented the latest developments:

• The proposed budget for 2012 showed a reduction amount of assessed contributions of 5.3%;
• Some members requested further reduction of 10% in the overall IPU budget;
• In the meeting of the Executive Committee of 15 October 2011 a proposal was made to use part of the projected surplus for 2011 to reduce the assessed contribution of 2012;
• Other cost saving measures proposed by the Secretariat were deferred for further debate;
• In light of these new proposals the revised amount of assessed contributions is CHF 11 063 700;
• More budget cuts will still be considered for 2013, however members should keep in mind that a cut in activities will impact the deliverables; and
• further cuts were presented to the Executive Committee, but did not provide an indication of whether they agree or not.

Several concerns were raised by the Working Group. Of particular concern was that the request of a 10% cut on contributions was not adhered to and the uncertainty of what the proposed contributions would be for 2013. Ms Kubayi proposed that the IPU Secretariat develop a 3-year framework of proposed contributions. This framework could be introduced during the Uganda Assembly. This would also assist member countries with their budgetary and planning processes. Japan, UK and South Africa raised their reservations and requested that the Secretariat reflect that they abstain from voting.

 

The Working Group decided to adopt the proposed new scale of contributions.

 

8.         Meeting of the 189th Governing Council

 

The Governing Council met on Monday, 17 October 2011, and Wednesday, 19 October 2011.

 

The agenda items for the Governing Council were:

• Adoption of the agenda;
• Approval of the summary records of the 188th Session of the Governing Council;
• Questions relating to IPU membership and observer status;
• Report of the President on his activities since the 188th Session of the Governing Council and the activities of the Executive Committee;
• Interim Report by the Secretary General on the activities of the Union since the 188th Session of the Governing Council;
• Financial situation of the IPU;
• Draft programme and budget for 2012;
• Cooperation with the United Nations System;
• Strategy for the IPU 2012-2017;
• Reports on recent IPU specialized meetings;
• Activities of committees and other bodies;
• 126th IPU Assembly;
• Future Inter-Parliamentary Union meetings;
• Appointment of two Auditors for the 2012 accounts;
• Amendments to the Statutes and Rules;
• Election of the President of the Inter-Parliamentary Union; and
• Election to the Executive Committee

 

The representatives on the Governing Council were Speaker Sisulu, Ms N Ntwanambi and Mr S Mokgalapa. The Statutes and Rules of the IPU make provision for three members of a member country to form part of the Governing Council of the IPU.

 

The Governing Council adopted the agenda. It also approved the summary records of the 188th Session of the Council.

 

The Council approved the requests for affiliation of the Parliament of Equatorial Guinea and the request for reaffiliation for the Parliament of Niger.

 

The Council also approved the request for observer status from the Penal Reform International (PRI), Parliamentary Assembly of the Community of Portuguese Speaking Countries (AP-CPLP) and the Partnership for maternal, newborn and child health (PMNCH).

 

The joint IPU-UNICEF Handbook on Child Participation in Parliament was launched at the meeting. Ms Kirsi Madi, Deputy Regional Director for Central and Eastern Europe and the Commonwealth of Independent States, UNICEF made a brief presentation to the Council. The Council also received a presentation of the IPU publication Gender-Sensitive Parliaments: A Global Review of Good Practice.

 

Ms K Kubayi made an input during the agenda item on the financial situation of the IPU. She indicated that the proposed budget is being considered during the time of member countries that are faced with many challenges i.e. unstable economic conditions and climate change. She further acknowledged that these financial constraints will impact on the ability of the IPU to deliver on its mandate as spelled out by the IPU Strategic Plan 2012 – 2017.

 

She advised the IPU to consider further innovative ways to ensure that IPU can continue its important work. Some of her proposals were for the IPU to consider a system whereby member Parliaments second expert personnel, smaller regional meetings focused on the needs within specific regions, telephone and video conferencing and the consideration of using less paper copies to reduce our carbon footprint.

 

The Strategy for the IPU 2012 – 2017 was adopted after a debate on the necessity to ensure that the strategy is to be considered the vision for the IPU for the period 2012 to 2017. The Secretary-General during his presentation of the IPU Strategy indicated that President Gurirab when he took up the position of the Presidency of the IPU requested the strategy for the IPU for the future. The adoption of the strategy, after a very lengthy consultation process, will serve as a legacy to President Gurirab’s as his term expires at the end of the 125th IPU Assembly.

 

The Speaker of Morocco, Mr Radi, was elected after the casting of votes during a secret ballot, as the President of the IPU for 2011 – 2013.

 

9.         IPU Committee on UN Affairs (Advisory Group of the IPU Committee on UN Affairs)

 

The Advisory Group of the IPU Committee on the United Nations Affairs met on Monday, 17 October 2011. The representative on the Advisory of the IPU Committee on UN Affairs is Mr C Frolick. Members of the Advisory Group in attendance were Burkino Faso, Croatia, Pakistan, Finland and South Africa.

 

The Advisory Group did not have a formal agenda, but indicated that the discussions would focus on:

• The purpose of the Advisory Group;
• Work of the Committee on UN Affairs;
• Parliamentary dimension to the United Nations; and
• The forthcoming session of the UN General Assembly.

 

The Group discussed ways in which the work of the Committee can be improved and requested members to consider proposals that could be considered during the New York meeting in November 2011. These proposals will be submitted to the Executive Committee.

 

The meeting discussed the disappointing level of attendance at the IPU Committee on UN Affairs on Monday, 17 October 2011. The group agreed that constructive efforts will have to be taken to raise the level of awareness of the work of the IPU Committee on UN Affairs

 

The IPU Committee on United Nations Affairs met on Monday, 17 October 2011. The Committee deliberated on the following items:

• Hearing with the United Nations High Representative for the Alliance of Civilizations;
• Panel discussion on Nuclear Weapons – the road to Zero;
• Parliaments and the Istanbul Programme of Action (IPoA) for the Least Developed Countries;
• Cooperation between the United Nations, Parliaments and the IPU;
• Panel discussion on the Green Economy: A breakthrough for sustainable development; and
• State of play in preparations for the forthcoming session of the UN Climate Change Conference.

 

The first session of the IPU Committee on UN Affairs focused on a Hearing with the United Nations High Representative for the Alliance of Civilizations, President Jorge Sampaio. The Committee was presented with the main objectives and initiatives of the United Nations Alliance of Civilizations (UNAoC). The Committee members engaged in an interactive discussion with the UNAoC High Representative. The Committee members discussed how parliamentary engagement in the promotion of intercultural dialogue can be enhanced, particularly in the development and implementation of the IPU Resolution on “Ensuring respect for and peaceful co-existence between all religious communities and beliefs in a globalised world”. The High Representative indicated that this is a very crucial topic that does not receive enough emphasis on the global agenda. It would be important to address this issue and consideration should be given to restore trust between Parliaments and the people by the development of a new agenda for living together, public hearings, sharing views, inter-cultural diversity programmes and dialogues, youth -, media – and migration level discussion and dealing with populism and extremism. The IPU must consider taking the discussion further during the 126th IPU Assembly, Uganda (March 2012).

 

The second session of the IPU Committee on UN Affairs focused on Nuclear Weapons – The Road to Zero. The speakers on this panel were Mr G Evans (former Foreign Minister, Australia), Mr T Toth (Executive Secretary of the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organisation), Dr R Johnson (Executive Director, Acronym Institute for Disarmament Diplomacy), Dr R Chengeni, MP (Tanzania) and Mr M Robson (former Minister for Disarmament and Arms Control, New Zealand).

 

This session created an opportunity to follow-up on the IPU resolution on Advancing nuclear non-proliferation and disarmament and securing the early entry into force of the Comprehensive Nuclear-Test-Ban Treaty (CTBT), Ethiopia, 2009). The Committee took stock of progress and examined the new visions, policies and proposals that have been put forward to eliminate nuclear weapons. All the presenters lobbied for the banning of all nuclear weapons as the only solution to ensuring the elimination of all nuclear weapons. They also stressed that it is important to bring this item back to the centre of the global policy agenda. The catastrophic human consequences of the use of nuclear weapons i.e. radiation, human contamination and sickness, environmental contamination was highlighted. It is necessary to raise awareness of the humanitarian consequences, reinforce international humanitarian laws and create the framework for the enforcement of conventions. The international community must mobilize and act against the use of nuclear weapons; it should be declared an act against humanity.

 

The third session of the IPU Committee on UN Affairs focused on Parliaments and the Istanbul Programme of Action (IPoA) for the Least Developed Countries (LDCs). The keynote address by the United Nations High Representative for the Least Developed Countries, Landlocked Developing Countries and Small Island Developed States, Mr Cheick Sidi Diarra, focused on presenting the outcome of the Fourth UN Conference on LDC (May 2011). The objective of the Conference was to assist Parliaments in promoting and enhancing development. Of note is the announcement of about 100 programmes to aid Least Developed Countries. The Committee was informed of the roadmap and the plan of action for the implementation of the outcome of the Istanbul Conference. Parliaments had a challenge in terms of mainstreaming development and transforming it into policies. The lack of capacity was a serious challenge for Least Developed countries, even if the Least Developed Countries have relevant knowledge and information. The question was raised as to how Parliaments develop that capacity to assist Least Developed Countries. The IPU Secretariat developed guidance notes to assist Least Developed countries in developing their own action plans for the implementation of the Istanbul Programme of Action.

 

The fourth session of the IPU Committee on UN Affairs focused on Cooperation between the United Nations, Parliaments and the IPU. The report of the IPU Advisory Group on the United Nations Affairs to Ghana and Sierra Leone were presented to the Committee. The field mission by the Advisory Group on United Nations Affairs aimed at examining the implementation of UN reform and system-wide coherence at the national level. The Committee also took the opportunity to interact with National Parliaments and UN country teams on challenges and UN programmes. Finally, a presentation on the preparations for the forthcoming debate at the UN General Assembly on Interaction between the United Nations, National Parliaments and the IPU to be held in early 2012.

 

10.       Assembly of the 125th IPU

 

The Assembly met on Monday, 17 October 2011, and Wednesday, 19 October 2011. The Assembly items that was considered during the 125th IPU were:

• Election of the President and Vice-Presidents of the 125th IPU Assembly;
• Consideration of possible requests for the inclusion of an emergency item in the Assembly agenda;
• Panel discussions on the subject items chosen for debate during the 126th Assembly (Kampala, 31 March – 5 April 2012).

 

The Assembly elected the President and Vice-Presidents of the 125th Assembly. The Speaker of the Swiss Parliament, Mr R Germainier, and the Speaker of Uganda, Ms R Kadaga, was elected as President and Vice-President.

 

The Assembly then considered requests for the inclusion of an emergency item in its agenda. The items that were considered for the inclusion as an emergency item were, The plight of the people of famine stricken Somalia and relief efforts by IPU members (proposed by Namibia), Realizing the right of the Palestinian people to self-determination (proposed by Palestine) and The need to further mobilize international support and strengthen international efforts to assist the Somali people suffering from famine (proposed by Iran). After brief inputs the delegations of Palestine and Iran withdrew their proposals in favour of the proposal by Namibia. The Assembly proceeded to a debate on the emergency item. In his address Speaker Sisulu noted that the world was once more witnessing a humanitarian disaster of epic proportions unfolding in the Horn of Africa. He stressed the need for countries to comprehensively address issues of sustainable development and the impact that factors such as climate change and political instability had on ensuring peace and human security. He further acknowledged that the impact of this crisis was being felt by all countries in the Horn of Africa. Speaker Sisulu acknowledged the work of the United Nations in the region as well as the contribution of the South African government and the NGO the Gift of the Giver. It was also noted that South Africa supported the efforts of the African Mission in Somalia as well as the Transitional Federal Government of Somalia in implementing the Road Map agreed by all parties. His address highlighted the dire conditions of the Horn of Africa and called on, as well as reminded the international community of their moral and ethical obligation to assist the people of Somalia.

 

11.       Panel discussion on Access to Health as a basic right: The role of Parliaments in addressing key challenges to securing the health of women and children (Subject item of the First Standing Committee)

 

The representative on the panel was Mr A Mpontshane. Ms Kubayi, Ms N Ntwanambi, Mr L Ramatlakane, Mr S Mokgalapa and Mr C Frolick also attended the panel discussion. The Session was chaired by Mr O Kyei-Mensah-Bonsu (Ghana). The co-rapporteurs of this subject item to be considered by the Third Standing Committee during the 126th Assembly in April 2012 is Ms S Ataullahjan (Canada), Mr F Sardinha (India) and Ms Paula Turyahikayo (Uganda).

 

The panelist for the panel discussion were Dr F Bustreo (Assistant Director-General for Family Women’s and Children’s Health, WHO) and Dr C Presern (Director of the Partnership for Maternal, Newborn and Child Health (PMNCH).

 

The co-rapporteurs presented the report and highlighted the fact that the legislative framework exists and monitoring mechanisms is in place, but the challenge however for most developing countries is their continuous grapple with weak health systems. Poor women experience a disproportionately high incidence of domestic and sexual violence, teenage pregnancies, unwanted pregnancies, unsafe births and sexually-transmitted infections.

 

Recent action by the international community has focused on the need to accelerate progress on child and maternal health. As part of the Global Strategy, UN member states, the private sector, foundations, international organizations, civil society and research organizations pledged more than US$40 billion over the next five years. The IPU has launched a project that will develop the capacity and competencies of selected parliaments to improve maternal, newborn and child health.

During Mr Mpontshane’s input he indicated that South Africa has signed all the regional and continental treaties and all the required and appropriate legislation is in place, as well as sufficient budget has been allocation for health programme. Parliament has also established a multiparty womens caucus on MDGs, but has failed in terms of child mortality rates. In addition, South Africa has mobilized civil society organizations and has democratic bodies, such as the Women’s Rights Commission that reports to Parliament.

 

12.       Panel on Redistribution of power not just wealth: Ownership of international agendas (Subject item to be discussed by the Second Standing Committee)

 

The representative on the panel was Mr L Ramatlakane. Ms K Kubayi also attended the session. The Session was chaired by Mr S Alhusseini (Saudi Arabia). The co-rapporteurs of this subject item to be considered by the Second Standing Committee during the 126th Assembly in April 2012 were Lord Judd (United Kingdom) and Mr O Benabdallah (Morocco).

 

The panelist for the panel discussion was Ms Y Li (Head of Debt and Development Finance Branch, United Nations Conference on Trade and Development).

 

The topic highlighted several dynamic shifts that are required if the global community wants to address the redistribution of power and not just wealth, namely:

• Concentrations of world power have always been at odds with the distribution of global populations, significantly with the rise of economies such as India, China and Brazil, power is increasingly not reflecting global economic realities;
• Multilateral institutions and forums for global problem-solving reflect the needs of the post-Second World War powers and big economies at the expense of those most exposed to the adverse consequences of such problems;
• Reform is needed to allow for inclusive and democratic decision-making and problem-solving;
• The Breton Woods institutions – the IMF and World Bank – must reform their governance structures including voting and methods for appointing their chief executive;
• Reform of the Security Council and transparency in the appointment of the UN Secretary-General;
• An inclusive global economic council must be established as a democratically representative alternative to the G20; and
• The need for greater transparence of decision-making through freedom of information and a register of lobbyists.

 

Although it is clear that a reform of global structures, institutions that does not serve the current world order, is required, the challenge remains how to shift the forces of dominance. The unequal distribution of power causes problems, world peace must be improved and governments must deal with the unease of populations.

 

Mr Ramatlakane argued that Parliamentarians must use their international bilateral influence to shift the status quo and achieve the redistribution of power and ownership of the international agenda. He further indicated that there should be a collective approach to address the global challenge in multilateral forums and work in collaboration to achieve greater synergy between the IPU and UN on the shared developmental agenda. He further appealed and agreed with the co-rapporteurs that the consolidation of democracy at the global level implies giving more space to the various members of the international community in order to hear their voices and share their concerns, which in turn enlarges the political space given to various civil society actors. This will also allow for the involvement of more developing countries in the decisions being taken at international forums. He concluded by saying that the redistribution of power must be understood as a call for reforms of the funds quota and the governance decision making process in line with nations challenges.

 

13.       Panel on Promoting and practicing good governance as a means of advancing peace and security: Lessons drawn from recent events in the Middle East and North Africa (Subject items to be discussed by the Third Standing Committee)

 

The representative on the panel was Mr S Mokgalapa. Mr C Frolick and Ms F Hajaig also attended the panel discussion. The Session was chaired by Mr S Chowdhury (Bangladesh).

 

The co-rapporteurs of the subject item to be considered by the First Standing Committee during the 126th Assembly in April 2012 were Mr M Gyongyosi (Hungary) and Mr J Mwiimbu (Zambia). The panelists for the panel discussion were Mr M Galad (Editor-in-Chief of the Egyptian daily newspaper Al-Masry Al-Youm), Ms S Sekkenes (Senior Adviser, Bureau for Crisis Prevention and Recovery, UNDP) and Ms K Jabre (Manager of the Gender Partnership Programme).

 

The two co-rapporteurs presented a definition of good governance, Good governance is a broad concept generally used in the development sphere to describe how public institutions conduct public affairs and manage public resources in order to guarantee human rights in a society. The draft report presented the causes of the uprising in the Middle East and North Africa. They basically argued that unemployment, poverty, dictator governments, economic and social injustice was the main reason for the uprising in Egypt, Tunisia, Yemen, Syria and Libya. Technology i.e. live reporting and the media aided the escalation of the political unrest within the Middle East and North Africa. The political instability signaled a new order in the Arab Region and liberated nations sense of community in the Arab World, Middle East and Northern Africa. It has also been created the space for the Middle East and Northern Africa to redefine themselves.

 

The events in the Middle East and Northern Africa made Parliamentarians question how we establish a system of good governance and responsive governance with efficient and accountable governments, with free and fair elections, servicing the needs of the citizens of a country.

 

Members were in agreement that good governance should be composed of the following components:

• Accountability and transparency;
• Capacity to manage development;
• Easy access to information;
• Broad popular participation in political, social and economic processes;
• Fair and efficient system of justice;
• Efficient delivery system of services and goods;
• Enforcement of the rule of law; and
• Free and fair elections.

 

Mr Mokgalapa during his input highlighted the lessons learned from the recent events in North Africa and the Middle East:

• The time of dictatorship (authoritarian rule) has expired (Egypt);
• The increasing role of information technology (Twitter, Facebook);
• The role of civil society – youth being the driving force;
• The importance of addressing pressing national interest, like unemployment, rule of law, corruption, economic development, democratic reform;
• Government has to be responsive towards the needs of their citizens i.e popular participation and political reforms;
• The consideration of the role of Parliament in ensuring good governance and the adherence to institutional imperatives i.e. rule of law, openness and human rights, transparent legislation, public participation and to hold regular free and fair elections;
• The oversight and accountability of the executive has to be enforced;
• Several aspects to ensure good governance has to be considered i.e. building trust and legitimacy with the people, building a response government that cares and intervenes timeously, putting adequate checks and balances in place to ensure democratic institutions of good governance are strengthened;
• Other instruments of note to ensure good governance are the AU Charter on Democracy, elections and governance, promotion of the Nepad MAP initiative, Economic Commissions of Africa and committees of Parliament, partnerships with civil society to address social issues;
• In addition Governments must ensure that programmes are implemented that addresses corruption and maladministration;
• The South African Parliament’s role is to ratify the AU Charter on Democracy, elections and good governance, ensure that the Chapter 9 institutions are strengthened and fully functional, ensure public participation in legislative processes, enhance the anti-corruption bill and whistle blowing initiative and ensure gender representation in Parliament.
• He concluded by indicating that these measures are not perfect but at least the basics are in place.

 

He further indicated that Parliamentarians role in ensuring good governance is to adhere to constitutional imperatives i.e. the rule of law, democracy, human rights, public participation, have adequate checks and balances and take oversight and accountability over the executive serious. He informed the meeting that South Africa has the basics, although not perfect, in place i.e Chapter 9 institutions of democracy and good governance, parliamentary public participation programmes, anti-corruption bill and the governmental whistle blowing initiative.

 

14.       IPU Working Lunch Meeting on Nuclear Weapons

 

Mrs Hajaig participated in a working luncheon on nuclear weapons – the road to zero. The discussion followed on from the panel discussion in the Committee on UN Affairs, hosted by the IPU Secretary-General, Mr Anders Johnson. The following issues were debated:

• A nuclear threat would spill over and would negatively affect everyone globally;
• Africa is a nuclear-free zone and this should be robustly promoted;
• The meeting further noted that the debate on nuclear weapons was not promoted in African States;
• Work towards a Nuclear Weapons Convention.

 

The meeting concluded that people have the right to know what the human consequences of nuclear threats are as outlined by Dr Rebecca Johnson:

• Abrupt climate disruption;
• Radiation contamination and sickness;
• Agriculture contamination;
• Regional and global famine

 

Parliamentarians must play a greater role around Nuclear Disarmament and not leave it to the Executive/Governments. Parliamentarians must take the debate to their Constituencies, debate the consequences of the effect of nuclear weapons and educate them on nuclear weapons.

15.       Special session on the Reform of Financial Markets

 

Ms Hajaig attended the special session on the Reform of Financial Markets. Speaker Sisulu also attended the session. Presentations were made by Ambassador Oscar Knapp, (Switzerland); Senator Donald Oliver (Canada) AND Ms Yuefen Li; (UNCTAD)

 

The presenters agreed that the current global financial markets need to be reformed. They recommended the regulation of the banking systems, universal oversight and monitoring, the reform of the Breton Woods architecture and an early warning system. Credit rating institutions missed the signs of emerging global financial crises completely. The debt crises need financial innovation.

 

It is important that the IPU should be involved in finding solutions to the financial crises and the loss of confidence in the national economic system.

 

Following an indept discussion it was agreed that there should be a reform of the World Bank and IMF to ensure that there is a recovery from the economic financial crises, structural reforms to support developing countries in order for them to gain access to capital. Governments as initiators of policy need to develop a system which covers both developing and developed economies. Parliamentarians need to pass legislation in terms of governance and financial literacy so that we can take care of our finances at home and within Government. We need to put mechanisms in place to cope with the challenges.

 

Mrs F Hajaig indicated that financial markets should be seen as mechanisms that allow people to buy and sell financial securities and contribute positively to the growth of any economy. Their key functions, among others, are to manage risk, allocate capital, and mobilize savings. Failure of the financial markets to perform these vital functions results in detrimental impacts to the economy, like the global economic crises that the world experienced recently. This has created the need to relook global financial governance with a view to stabilize trade and financial relations. Parliamentarians’ role of oversight becomes vital in ensuring that key actors operate within the required legislative framework and in the final analysis, as Senator Oliver has said, supervisory or oversight without teeth is not very helpful.

 

16.       Bilateral Meetings

 

Speaker Sisulu met with the Speaker of India on Wednesday, 19 October 2011, with the objective of discussing IBSA Parliamentary Forum. Ms F Hajaig was also in attendance.

 

17.       Conclusion and Recommendations

 

It is recommended that the National Assembly and the National Council of Provinces refer the subject items for the 126th IPU Meetings to the Parliamentary Group on International Relations (PGIR) for engagement with the relevant parliamentary committees. These committees should, through their interaction with the PGIR focus group on the IPU seek to engage with the subject items from the perspective of South Africa with a view to influencing the resolutions which will be adopted on these subject items during the 126th IPU Assembly in Uganda.

 

The delegation recommends that the National Assembly and National Council of Provinces consider referring the resolution on the emergency item, adopted by the 125th Assembly, entitled “The plight of the people of famine stricken Somalia and relief efforts by the IPU member” to the PGIR for further consultation with the PC on International Relations and Cooperation a view to informing the IPU on action taken by our Parliament to give effect to this resolution.

 

It is recommended that the PGIR engage with the content of the strategic plan of the IPU for 2012 – 2017. The PGIR to strategically utilise the IPU strategy to achieve our Parliamentary international relations objectives.

 

A constructive effort should be made to ensure that proper coordination of the substantive and operational matters are put in place. This will ensure robust deliberation of issues and the advancement of a Southern African and continental mandate.

 

1. Report of the South African members of the Pan African Parliament on the Fifth Ordinary Session of the Second Pan African Parliament (PAP) held from 3 to 14 October 2011, as adopted by the Parliamentary Group on International Relations on 16 October 2012

 

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1. Report of the South African members of the Pan African Parliament on the Sixth Ordinary Session of the Pan African Parliament (PAP) held from 16 to 20 January 2012 in Addis Ababa, as adopted by the Parliamentary Group on International Relations on 16 October 2012

 

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COMMITTEE REPORTS

National Council of Provinces

 

1. REPORT OF THE SELECT COMMITTEE ON CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS ON CONSIDERATION OF THE TERMINATION OF INTERVENTION IN OKHAHLAMBA LOCAL MUNICIPALITY AND EXTENSION OF INTERVENTION IN INDAKA LOCAL MUNICIPALITY – DATED 20 NOVEMBER 2012   

 

The Select Committee on Co-operative Governance and Traditional Affairs, having considered the directives of the National Council of Provinces (NCOP), to consider and report on the notices of termination of intervention in Okhahlamba Local Municipality and extension of intervention in Indaka Local Municipality in KwaZulu-Natal Province, reports as follows:

 

1.         Introduction and Background

 

1. On 24 November 2009, the Provincial Executive Council of KwaZulu-Natal Province resolved to intervene at Okhahlamba and Indaka Local Municipalities in terms of section 139(1)(b) of the Constitution as a result of failures to fulfill various executive obligations. The MEC for Co-operative Governance and Traditional Affairs (Cogta) was authorized by the Provincial Executive to appoint Administrators to the aforementioned municipalities. The Administrators were appointed to undertake the functions in terms of section 51 of the Local Government: Municipal Systems Act (Act 32 of 2000), to establish and organize the administration in a manner that would enable the municipalities to achieve the objects of local government, as set out in section 152 of the Constitution.

 

1.2       On 18 July 2012, the Executive Council resolved to terminate the intervention at Okhahlamba Local Municipality, and to extend the intervention at Indaka Local Municipality for a period of 6 months, ending 31 December 2012. On 30 August 2012, the Office of the Chairperson of NCOP referred the notices of termination of intervention Okhahlamba and extension in Indaka to the Select Committee on Co-operative Governance and Traditional Affairs for consideration and reporting in terms of NCOP Rule 101.        

 

2.         Reasons for Intervention in Okhahlamba Local Municipality

 

2.1       The main issues identified by the Provincial Executive to intervene in the affairs of Okhahlamba Local Municipality related to the following matters:

 

• The Municipality did not have a functional management team which contributed to the Municipality’s dysfunctional state.
• The Auditor-General’s reports for the 2004/5, 2005/6, 2006/7 and the 2007/8 financial years, indicated that there were serious deficiencies in the management systems and other accounting and financial controls, and the Auditor-General issued disclaimed audit opinions in respect of two financial years, and an adverse opinion in respect of the last year.
• The annual report for the 2007/8 financial year did not comply with section 121 of the Municipal Finance Management Act (MFMA), as no performance report evaluating the performance of the Municipality or Section 57 employees was attached.
• The Council did not table or submit an oversight report as required in terms of section 129 of the MFMA. The Council did not have an established internal audit unit and audit committee as required in terms of sections 165 and 166 of the MFMA.
• The Municipality experienced serious financial problems, and this is evident from the poor cash flow, and posted a deficit of R17 963 025.00 (un-audited) in the 2008/9 financial year. The accumulated deficit as at June 2009, totaling R24 517 042.00. The grant funding allocated for Housing was utilized irregularly to finance the operations of the Municipality. Unspent conditional grants to the sum of R20 196 551.00 were not cashed backed.
• As reflected in the 2008/9 annual financial statements, general expenses increased from R11 306 725.00 in the 2006/7 financial year, to R57 294 633.00 in the 2008/9 financial year, resulting in a percentage increase of 407%. The Municipality failed to make payments to its creditors as and when it was due.

 

3.         Progress of Intervention in Okhahlamba Local Municipality

 

1. In terms of progress achieved to date on the enhancement of revenue collection, the verification and assessment of the existing valuation roll and the compilation of the supplementary valuation roll for 2011/12 was done and completed in April 2011, with very few objections received, and were all subsequently resolved. For continuous maintenance of the valuation roll, a service provider has been retained by the Municipality and an advert for a service provider to assist with the new process was already out, for the 2013/14 financial year assessments.

 

1. The debt book of over R18 million in the financial year 2010/11 was drastically reduced to the extent of at least 50%. Equally, the collection rate had increased from the 36% collection rate recorded during the financial 2010/ 2011 to 61,44% accumulatively, as at 30 April 2012 against the annual target of 75%. The strict expenditure management measures resulted in the Municipality having a total R81 million in cash reserves, including all cash-backed conditional grants totaling just over R40 million. This simply means that the Municipality was now able to accurately report on a monthly basis on revenue, expenditure, cash flow, debt recovery and creditors.

 

1. All Council statutory, administrative and functional structures have been established and are all operational. Therein included are a fully functional audit committee and internal audit unit as well as IDP, Budgeting and PMS procedures. Whilst the Municipality took a resolution binding itself to the achievement of Clean Audit by 2013/14, it is highly likely that all queries raised by the Auditor-General during the last financial year may be resolved by this financial year, which may result in the Municipality obtaining a clean audit in 2011/2012.

 

1. The Municipality has compiled an Infrastructure Maintenance Plan which is being implemented since June 2012, where all plant and equipment is sent to each ward for a period of 10 days to ensure that all existing infrastructure is maintained. The Municipality has also experienced difficulty in spending grants related to MIG-funded and Small-Town Development-funded projects between October 2011 and March 2012, with the assistance from Cogta where a dedicated project manager was sourced. All of these projects were now moving, and were fairly within the acceptable expenditure levels. Furthermore, the electrification project funding which was nearly lost due to non-expenditure and reporting, has now been re-secured with the Implementing Agent already appointed.

 

1. It was reported that all senior positions are filled, with the exception of a Director for Corporate Services, and based on the investigations by the PWC, irregular payments have been identified and criminal cases have been instituted. The main reason for the extension of the intervention on 13 December 2011 was the fact that the Municipality lacked a senior management team to sustain the progress and to implement any outstanding intervention priorities and sustain progress made. However, based on the fact that the senior positions were filled and that there was considerable progress in respect of the intervention priorities, the intervention was terminated on 13 December 2011.

 

4.         Reasons for Intervention at Indaka Local Municipality

 

4.1       In the year ended in June 2011, the Municipality incurred unauthorised expenditure of R4.644 million and irregular expenditure of R22.5 million; totalling R27.2 million. Furthermore, in January 2012, the Mid-Year Review established a number of irregular, unauthorised and fruitless and wasteful expenditure which were reported to the Council, as part of the Mid-Year Review report. The copy of the report was forwarded to the Department as part of the monthly reporting. The Administrator advised the then Acting Municipal Manager (Mr. Maphanga) to report the said expenditures in terms of sections 62 and 32(4) of the MFMA, to the MEC responsible for Local Government in the Province and the Office of the Auditor-General. The Administrator reported that such irregular expenditures were not reported to the MEC and the Auditor-General.

 

4.2       There have been various irregular financial activities resulting in an increase in unauthorized, irregular, fruitless and wasteful expenditure, which continued under the stewardship of the Administrator, without his knowledge. This reflected defiance by the administrative and political leadership of the Municipality and undermined good governance. In addition, the administrative leadership of the Municipality is still unstable with key senior positions of the CFO and Director for Technical Services remaining vacant. The Mayor and Council are still unable to exercise effective political oversight and strong leadership to promote financial prudence and good governance. Consequently, the intervention was extended at the Indaka Municipality.

 

5.         Progress of Intervention in Indaka Local Municipality

 

5.1       The status on financial management was fair. The secondment of the Financial Expert from the Department of Cogta has had a major positive effect on the implementation of the Recovery Plan on financial management. The Expert together with the Administrator was in the process of reconstructing the financial records of Indaka, going as far back as 2009/10 on certain transactions to date. In addition, various financial irregularities had been reported and the intention of the Administrator was to issue civil summons to recover all the irregular and fruitless expenditure from the former Municipal Manager and affected Councillors.

 

5.2       The majority of priorities in respect of governance as identified in the recovery plan have been met. The Internal Auditor was effective, but was stifled by the management’s failure to either respond to the audit findings or failure to implement the recommendations. It appears that there is poor leadership in this Municipality, although all the necessary policy frameworks were in place. However, the problem was a lack of implementation. According to the Administrator’s assessment, the Council’s oversight and performance management and reporting, remain a concern and much work is yet to be done, despite efforts being made by the Administrator in this regard.

 

6.         Committee Observations

 

6.1       The secondment of the Financial Expert from the Department of Cogta has had a major positive effect on the implementation of the Recovery Plan on financial management at Indaka Local Municipality.

6.2       Various financial irregularities had been reported in Indaka, and the Committee welcomes the intention of the Administrator to issue civil summons to recover all the irregular and fruitless expenditure from the former Municipal Manager and affected Councillors.

6.3       In addition to the consideration of the extension of intervention in Indaka Local Municipality, the administrative leadership of the Municipality is still unstable with key senior positions of the CFO and Director for Technical Services remaining vacant.

6.4       The Committee is of the opinion that, for the termination of intervention in Okhahlamba Local Municipality to be efficient and effective, there has to be a committed political and administrative leadership with sound administrative and management processes in place.

 

7.         Committee Recommendations

 

7.1       The Select Committee on Co-operative Governance and Traditional Affairs recommends as follows:

 

7.1.1 The National Council of Provinces approves the termination of intervention in Okhahlamba Local Municipality in terms of section 139(1)(b) of the Constitution.

 

7.1.2 The National Council of Provinces approves the extension of intervention in terms of section 139(1)(b) of the Constitution at Indaka Local Municipality for a period of six months, after the adoption of this report by the Council.

 

Report to be considered.

 

2. REPORT OF THE SELECT COMMITTEE ON FINANCE ON THE PROPOSED FISCAL FRAMEWORK, DATED 20 NOVEMBER 2012

 

1.Introduction

The Minister of Finance (the Minister) tabled the 2012 Medium Term Budget Policy Statement (MTBPS) before Parliament on 25 October 2012. In tabling the MTBPS, the Minister met his obligation under section 28 of the Public Finance Management Act 1 of 1999 (PFMA) that requires the Minister to table multi-year budget projections for revenue, expenditure and key macro-economic projections on an annual basis. In addition to that, the Minister also met his obligation under section 6(1) of the Money Bills Amendment Procedure and Related Matters Act 9 of 2009 (henceforth referred to as the Money Bills Act) that requires the Minister to submit to Parliament the MTBPS.

According to section 6(5) of the Money Bills Act, the Standing Committee on Finance and Select Committee on Finance (the Committees) must 30 days after the tabling of MTBPS report to the National Assembly (NA) and the National Council of Provinces (NCOP), respectively, on the proposed fiscal framework for the next three financial years. In line with section 6(2), the Committees report on a revised fiscal framework for the 2012/2013 financial year and the proposed fiscal framework for the following three years; and an explanation of the macro-economic and fiscal policy position, the macroeconomic projections and the assumptions underpinning the fiscal framework.

Following the tabling of the 2012 MTBPS and the engagement with the Minister, the Committees conducted public hearings on 30 October 2012. These hearings were held together with identified stakeholders, the Financial and Fiscal Commission (FFC); Business Unity South Africa (BUSA); the Manufacturing Circle and Earth-life Africa Company.

2.The 2013 Fiscal Framework

2.1Economic outlook

Growth in advanced economies is expected to remain moderate in 2012 and 2013 on the back of high debt and borrowing costs; high levels of unemployment and the problems in the banking sector. The International Monetary Fund (IMF) projects global economic growth of 3.3 per cent in 2012, increasing slightly to 3.6 per cent in 2013, before strengthening further to 4.1 per cent in 2014. These forecasts assume effective policy reactions in the US and the Euro area, continued monetary accommodation and improved financial conditions. The Euro area has seen a marked decline in economic activity driven by financial difficulties while employment and output growth prospects have notably weakened in the US. This indicates continued uncertainty in the global economy. Euro debt crisis and the US “fiscal cliff” remain significant risks to the global economic outlook.

Over the medium term, the South African (SA) economy is projected to grow relatively slow, at a rate of 3 per cent in 2013, picking up slightly to 4.1 per cent only in 2015. Factors expected to contribute to an improved economic outlook include expanded infrastructure investment, activation of new electricity-generating capacity, relatively low inflation and interest rates and strong growth in the Southern African region, SA’s second largest export destination.

BUSA’s economic forecasts converge closely with those of the National Treasury, assuming both the external and internal factors. BUSA projects that after 2013, an improving global economy is likely to support stronger growth in domestic exports, while implementation of key economic infrastructure should bring faster GDP growth. The FFC expects the SA’s economy to remain vulnerable to slow global recovery and domestic factors such as the recent labour unrest. In absence of positive shocks, the Commission predicts that GDP growth is not likely to recover.

Headline Consumer Price Index (CPI) is expected to remain within the target band of between 3 and 6 per cent over the next three years, averaging 4.9 per cent in 2015. BUSA is of the view that the pressure from food prices, administered prices and fuel costs would keep Headline CPI towards the upper end of the inflation target band. The Manufacturing Circle concurs with BUSA that administered prices, particularly Eskom’s electricity costs are a cause for concern in terms of both the billing and the administrative inefficiencies. According to the Circle, Eskom increased electricity costs significantly between 2000 and 2010 while other emerging countries decreased costs. The Circle further expressed concern that higher interest rates increase the cost of capital to internationally uncompetitive levels.

Export volumes are estimated to decrease from 5.9 per cent in 2011 to 0.5 per cent in 2012. Domestic supply constraints including electricity rationing in manufacturing and disruptions to mining output have exacerbated the pressure on exports, from weaker global demand. The weaker rand has provided little support for manufacturing export growth, which remains subdued in the current economic environment. The National Treasury forecast a significant improvement in export performance, averaging 3.5 per cent in 2013, increasing to 6.5 per cent in 2015. The improvement in total export growth over the medium term assumes that mining production stabilises, external demand strengthens and trade with emerging and African economies expands. The current account deficit is projected to moderate from 5.9 per cent in 2012 to 5.5 per cent of GDP in 2015.

The FFC highlighted the importance of mining and the manufacturing sector to SA’s export sector and labour absorption. The Commission is of the view that the government should closely monitor these sectors’ performance over the medium term given that over the past decade they have been shrinking.

Economic growth is integral to job creation. The rate of unemployment increased to 24.9 per cent in 2012, however, the economy is projected to create 780 000 jobs over the medium term. The MTBPS expects large public investments in energy, port infrastructure, export railway lines, national and provincial roads maintenance and upgrading to help alleviate supply bottlenecks, supporting stronger growth and job creation.

Successful implementation of the National Development Plan (NDP) is also expected to address the domestic structural constraints and obstacles to faster growth. In light of the recent mining related strikes and stoppages, the Manufacturing Circle highlighted the importance of the mining industry on the manufacturing sector in terms of exports and employment. BUSA endorses widened and deepened commitment to the NDP and the vision 2030 as a vehicle to give direction and build confidence. BUSA believes that the NDP would gradually put SA in a better position to address the challenges posed by the current economic outlook.

The MTBPS identified key risks to the SA forecasts as weak global demand for domestic exports, volatile capital flows, currencies and commodity prices, global investment uncertainty and domestic factors. The latter include weak business confidence, infrastructure bottlenecks, a widening current account deficit and protracted striking activity in mining and other sectors.

 

2.2Revenue outlook

MTBPS 2012 projects total consolidated government revenue of R986.1 billion in 2013/14, R1.092 trillion in 2014/15 and R1.205 trillion in 2015/16 financial year. Gross tax revenue is expected to remain subdued in 2013/14 but should improve during the third year of the MTEF period as economic conditions strengthen. Gross tax revenue forecast for the financial years 2012/13 and 2013/14 amounts to R821.401 billion and R901.392, respectively. Personal Income Tax (PIC), Value Added Tax (VAT) and Companies tax remain the main contributors to total tax revenue.

Government’s tax revenue is highly dependent on the developments in economic conditions both at a global and domestic level.  In addition to bleak global economic outlook, moderate economic growth prospects and increased levels of debt in SA narrowed the fiscal space over the next three years. BUSA is concerned about alternative revenue options in an event that the economy fails to recover as projected.

BUSA agrees with NT that government need to tackle internal challenges to build a stronger economy. BUSA further sees the recent labour market disputes having ripple effects on the economy and feeding into the MTBPS outlook in terms of growth, tax revenue, exchange rates, debt ratios and unemployment.

2.3Expenditure

The proposed fiscal framework makes R1.147 trillion available for spending in 2013/14, R1.238 trillion in 2013/14 and R1.139 trillion in 2015/16 financial year. Over the next three years, expenditure is expected to grow at a moderate average rate of 2.9 per cent, in real terms. This expenditure growth level would improve access to services and accelerate the pace of infrastructure investment. The bulk of consolidated government expenditure in 2013/14 is allocated to Defence, public order and safety (151.7 billion), Education and related functions (R234 billion), Social protection (R135.6 billion), Health (R132.3 billion) and local government, housing and community amenities (R132.5 billion).

The proposed spending allowed government to shift the composition of expenditure towards infrastructure investment, economic competitiveness, education and health care without compromising key social and economic programmes. Accordingly, the budget for public sector infrastructure investment is projected to be R250 billion over the MTEF, in addition to the R845 billion construction programme that is currently in progress.

Compensation of employees takes up the largest proportion of spending and has grown faster than other categories of spending over the past four years, a concern also shared by BUSA. Over the MTEF period, compensation of employees remains the largest budget driver, allocated R378 billion in 2013/14 financial year. Government aims to contain compensation of employees by implementing more effective controls over personnel expenditure to ensure value for money and ensuring that allocations are spent efficiently and effectively.

The three year agreements signed between government and public sector trade unions provides a stable medium term basis for planning. Departments need to set specific three-year targets for personnel numbers and remuneration costs and monitor improvements in productivity and effective use of existing staff establishments. The Manufacturing Circle applauds the National Treasury for emphasising the importance of moderating the public sector wage bill increases to support growth and sustainable job creation in the economy.

The departments have prioritised spending and identified savings amounting to R40 billion over the next three years, to improve value for money and ensure alignment with the NDP, a move also supported by BUSA. Government will step up efforts to combat waste, inefficiency and corruption, including procurement reforms. Government would also address shortcomings in planning, procurement and contract management. The FFC, BUSA and the Manufacturing Circle echo the abovementioned sentiments. The FFC further indicated that the Public Finance Management Act (PFMA) and the Municipal Finance Management Act (MFMA) make special provisions to address these issues and that these provisions should be enforced where applicable.

 

2.4Government financing and debt

Total national government net loan debt stood at R1.166 trillion (35.8 per cent of GDP) in 2012/13 and it is expected to peak at R1.7 trillion (39.2 per cent of GDP) in 2015/16. National Treasury acknowledges that rebuilding fiscal space depends on stabilising the level of public debt. Reduction of debt-to-GDP ratio will require government to maintain a small primary surplus to revert back to the pre-recession levels.

In line with the fiscal policy objective of stabilising debt, there should be provision for subdued growth of non-interest expenditure towards the last year of the MTEF. BUSA agrees that government puts a ceiling on SA’s debt as a percentage of GDP as that is essential for investment.

Debt service costs continue to grow over the medium term, draining resources that could be spent on productive investment. Government debt cost is projected to rise from R88.8 billion (2.7 per cent of GDP) in 2012/13 to R114.8 billion (2.6 per cent of GDP) in 2015/16.  The domestic bond market will remain the primary source of debt funding. The debt issuance will be achieved by drawing on cash balances, exchanging debt maturing within the next several years and borrowing in global capital markets.  The public sector borrowing requirement remains at 7.1 per cent of GDP, moderating over the medium term.

2.5Budget balance

The budget made provision for total consolidated revenue of R986.1 billion in 2013/14 rising to R1.205 trillion in 2015/16. On the contrary, consolidated government expenditure is projected to amount to R1.147 trillion in 2013/14 reaching R1.238 in 2015/16. This translates into a budget deficit of 4.5 per cent in 2013/14 and as a percentage of GDP. It is expected that revenue would recover alongside economic growth and moderate expenditure increases. National Treasury remains optimistic that as the economy starts to grow in 2015/16, the budget deficit as a percentage of GDP would decline to 3.1 per cent.

Recently, government has improved its budget estimates such that outcomes correspond more closely with planned expenditure. The primary risk to the fiscal outlook remains lower than expected GDP growth that is likely to result in poor revenue outcomes. This would prompt the need for policy shifts. The contingency reserve enables government to absorb risks, but remains lower in the beginning of the proposed fiscal framework.

The recent downgrade of the country’s credit rating position increased the cost of borrowing by government, state-owned enterprises and the private sector. The risk of further sovereign rating downgrades would exacerbate the cost of borrowing. The FFC is also concerned that slowing economic growth coupled with further credit downgrading may put pressure on government to extend the “switch programme” (offsetting maturing debt with long term debt), increasing government costs of borrowing.  BUSA is concerned that unless recurrent government expenditure is moderated, external shocks such as recession and increase in interest rates could push the ratio of debt to GDP to a danger limit of 50 per cent.

The FFC raised its concern that refinancing near-dated debt with longer term maturity bonds is likely to put pressure on bond yields as investors will likely seek to be compensated for increased risks associated with deteriorating economic conditions and a wide budget deficit.The Commission noted that the SA bonds are currently over-subscribed but that extending the duration of public debt combined with higher yields could result in increased costs for government in the future.

 

2.Conclusion

South Africa’s fiscal stance targets medium term consolidation with moderate expenditure growth, stabilising government debt and improving outcomes and shifting the composition of spending from consumption to investment. Over the long term, government intends to restore and maintain a primary surplus and prepare a fiscal report that would assess sustainability of long term spending options and model the impact of various policy considerations including the introduction of national health insurance and proposals contained in the NDP.

The Commission acknowledges that SA should continue on the path of gradual fiscal consolidation that takes into account the components of the budget that need to be consolidated but is of the view that the pace may be too slow, thus potentially undermining the credibility of government’s plans.

The Manufacturing Circle believes that SA’s fiscal policy needs a complete overview to strengthen development through the different spheres of government. According to BUSA, the degree to which investor confidence will be reassured by the MTBPS will depend on the commitments in key fiscal variables and targets being successfully implemented in the period ahead and more policy certainty being revealed in the main budget in February 2013.

 

3.Committee Observations

Having considered the 2012 MTBPS and public submissions, the Select Committee on Finance observed the following:

 

1. The global economic outlook remains uncertain and domestic economic growth is expected to remain moderate;
2. Recovery in economic growth is expected to create jobs, boost revenue, and eventually reduce debt levels and budget deficits;
3. Narrow fiscal space available to government over the medium term, elevating the level of debt;
4. SA’s fiscal position remains sound and sustainable, reinforced by accommodative monetary policy;
5. The contingency reserves are meant to absorb risks but remain low in the first two years of the proposed fiscal framework;
6. The revenue forecasts depend largely on global and domestic economic developments; and
7. Total national government net loan debt stood at R1.166 trillion (35.8 per cent of GDP) in 2012/13 and it is expected to peak at R1.7 trillion (39.2 per cent of GDP) in 2015/16.

 

4.Recommendations

Having considered the 2012 Medium Term Budget Policy Statement and conducted public hearings, the Select Committee on Finance recommends that the Minister of Finance ensures the following:

1. The National Treasury should formulate a better planned and coordinated approach to the issues of affordability in decisions around administered prices and their effect on the cost of doing business, and report back to the House within 90 days of the adoption of this report by the House;
2. The National Treasury should finalise a policy document on guidelines for cross-border investment in order to help contain a decline in foreign direct investment flows to the Republic of South Africa by 44 per cent in the 2011/12 financial year, and report back to the House within 90 days of the adoption of this report by the House;
3. The National Treasury should develop and provide the House with a contingency plan in the event that macro-economic projections do not result as expected in the Proposed Fiscal Framework, and report back to the Standing Committee on Finance;
4. The National Treasury should develop mechanisms to increase monitoring and to ensure value for money in terms of proper coordination and procurement processes, which will assist the containment of expenditure within the available budget, and report back to the House within 90 days of the adoption of this report by the House;
5. The National Treasury should report on government’s approach to managing overall employment and moderate expenditure on compensation of employees, and report back to the House within 90 days of the adoption of this report by the House;
6. The National Treasury should report to the House on actual spending on infrastructure by government departments and state-owned enterprises, within 90 days of the adoption of this report by the House; and
7. The National Treasury should facilitate development of Infrastructure Investment Plan that, in turn, should determine how it would generate levels of economic activity, within 90 days of the adoption of this report by the House.

 

5.References

1. BUSA, (2012), Business Unity South Africa: MTBPS Presentation to the Standing and Select Committee’s on Finance, Cape Town, 30 October 2012
2. FFC, (2012), Financial and Fiscal Commission: Submission on the 2012 Medium Term Budget Policy Statement, Cape Town, 30 October 2012
3. Gordhan, P. (2012), Medium Term Budget Policy Statement Speech, Parliament of RSA, Cape Town, 25 October 2012
4. National Treasury, (2012) Medium Term Budget Policy Statement, Pretoria: Government Printers
5. The Manufacturing Circle, (2012), Submission on the 2012 Medium Term Budget Policy Statement, Cape Town, 30 October 2012

Report to be considered.

 

3. REPORT OF THE SELECT COMMITTEE ON FINANCE ON THE TAXATION LAWS AMENDMENT BILL [B 34– 2012] (SECTION 77), DATED 20 NOVEMBER 2012.

 

The Select Committee on Finance, having considered the Taxation Laws Amendment Bill [B 34– 2012](section 77), referred to it, and classified by the Joint Tagging Mechanism as  a section 77 Bill, reports that it has agreed to the Bill without amendments. 

Report to be considered.

 

4. REPORT OF THE SELECT COMMITTEE ON FINANCE ON THE TAX ADMINISTRATION LAWS AMENDMENT BILL [B 35B– 2012] (SECTION 75), DATED 20 NOVEMBER 2012

 

The Select Committee on Finance, having considered the Tax Administration Laws  Amendment Bill [B 35B– 2012](section 75), referred to it, and classified by the Joint Tagging Mechanism as  a section 75 Bill, reports that it has agreed to the Bill without amendments. 

 

Report to be considered.

 

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