Hansard: NCOP: Unrevised hansard

House: National Council of Provinces

Date of Meeting: 22 Mar 2022

Summary

No summary available.


Minutes

UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
Watch video here: PLENARY (VIRTUAL)

The Council met at 10:04.
The Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.
The CHAIRPERSON OF THE NCOP: Hon delegates, before we proceed I would like to remind you of the following. The virtual sitting constitutes a sitting of the National Council of Provinces. The place of the sitting is deemed to be Cape Town, where the seat of the National Council of Provinces is. Delegates in the virtual sitting enjoy the same powers and privileges that apply in a sitting of the National Council of Provinces. For the purpose of the quorum, all delegates who are logged on to the virtual platform shall be considered present. Delegates must always switch on their videos. Delegates should ensure that the microphones on their gadgets are muted and must always remain muted. The interpretation facility is active. Delegates, members of the executive, special delegates and the SA Local Government Association, Salga, representatives are requested to ensure that the interpretation facility on their gadgets is properly activated to facilitate access to the interpretation services. Any delegate who wishes to speak must use the raise your hand function and/or icon.
Hon delegates, I’ve been informed that there will be no notices of motion or motions without notice. Before we proceed hon delegates, I wish to welcome the Minister of Justice and Correctional Services, MECs, all special delegates and Salga representatives to this sitting. We shall now proceed to the subject for debate as printed on the Order Paper, Debate on Human Rights Day: The right to equality, reducing poverty and inequality. I now call upon the hon Minister Ronald Lamola, Minister of Justice and Correctional Services, to open the debate. Hon Minister?

DEBATE ON HUMAN RIGHTS DAY: THE RIGHT TO EQUALITY REDUCING POVERTY AND INEQUALITY
(Subject for debate)

The MINISTER OF JUSTICE AND CORRECTIONAL SERVICES: Hon Chairperson, hon members, distinguished guests, ladies and gentlemen, South Africa annually commemorates Human Rights Month in March; an acknowledgment that government has made strides to deepen freedom, democracy and human rights in our country.It was former President Nelson Mandela, the world’s most recognisable human rights symbol, who committed South Africa to the fight for attaining and preserving human rights when he said the following:
Thus shall we live, because we will have created a society which recognises that all people are born equal, with each entitled in equal measure to life, liberty, prosperity, human rights and good governance. The ANC-led government, inspired by great leaders such as Mandela, Tambo, Sisulu, Ngoyi, and others, has lived to entrench a human rights culture in South Africa. Equally, South Africans themselves have demonstrated a firm commitment towards protecting the gains of our hard-earned democracy.

As you will recall, the apartheid regime deprived black South Africans of their citizenship and abolished their human rights. Apartheid left us with many scars which we continue to heal today. On 21 March 1960, the apartheid regime unleashed the most violent and brutal attack on masses of our people in
Sharpeville. Their wounding and killing was as a result of them protesting in an absolute nonviolent manner, and calling for an end to the unjust pass laws and other draconian  legislation that the apartheid regime imposed on Africans. As they were chanting freedom songs such as Izwe lethu, awaphele amapasi [Our land, down with passes] apartheid police officers  that were unprovoked, opened fire on unarmed protesters, killing 69 people and critically wounding scores of others. The 69 heroes and heroines did not die in vain. The chapter of our freedom is not complete without mentioning them and their contributions. We honour them for laying ... their lives for freedom and democracy to reign in South Africa. In addressing this painful legacy of apartheid, government has passed legislation which enhances human rights for all South Africans, irrespective of race, belief, creed, sexual orientation and gender.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 5
The Bill of Rights in our exemplary Constitution enshrines the
rights of all people in South Africa and affirms the
democratic values of human dignity, equality and freedom. The
Bill of Rights applies to all law and binds the legislature,
the executive, the judiciary and all organs of state.
Government has also established institutions such as the SA
Human Rights Commission to adequately tackle all
manifestations of human rights violations. So, our commitment
to human rights is unwavering.
As we continue to commemorate 25 years of our Constitution, it
is fitting that this Constitution was signed into law by
former President Mandela in Sharpeville. As we go down memory
lane reflecting on how far we have come as a democratic
country and deliberating on how we can take our country
forward, we commit to comprehensively address challenges
facing our people, such as poverty, inequality and
unemployment. We also commit to deepen human rights in this
great nation.
Some of the fundamental rights in the country are equality
before the law and access to justice. The Department of
Justice and Constitutional Development has observed that the
high costs of litigation has the potential to deprive the poor


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 6
of access to justice. This, if allowed to manifest, would be
an impediment towards the realisation of human rights. In this
regard, we have through Legal Aid SA sought to intervene to
ensure that poor and working-class South Africans have access
to justice.
The CHAIRPERSON OF THE NCOP: Minister, just hold on for a
minute. I see hon Mohai’s hand is up.
The CHIEF WHIP OF THE NCOP: Hon Chair, I want to apologise
profusely for this. I wanted to remind the Minister that we
were requested to switch on our videos. I think he forgot to
switch on his video. It was just about that matter that I
raised my hand earlier. I want to apologise once more for
disturbing the Minister. Thanks.
The CHAIRPERSON OF THE NCOP: Thank you very much. Minister,
please proceed.
The MINISTER OF JUSTICE AND CORRECTIONAL SERVICES: My
apologies, Chairperson. I suspect ... The video is on. It’s
just that when I go to the Microsoft Office Word document I
suspect it closes the video. However, the video is on. Maybe
that could be the challenge. My apologies to all members if


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 7
I’m still not visible. I thought I’m visible even though I
might have switched to the Office ...
The CHAIRPERSON OF THE NCOP: We can’t see you now, Minister,
but please proceed.
The MINISTER OF JUSTICE AND CORRECTIONAL SERVICES: Okay, thank
you. In this regard, we have through Legal Aid SA sought to
intervene to ensure that poor and working-class South Africans
have access to justice. Legal Aid SA has, throughout the
years, provided professional legal advice and representation
to those who cannot afford legal fees, including the poor and
the vulnerable. In the current financial year, we have
allocated a budget of R2 billion to Legal Aid SA to ensure
that it reaches as many people as possible. We also ensured
that legal representation in pursuit of land justice
materialises. This will help to fight illegal evictions by
landowners and farmers. Legal Aid SA will now provide services
against evictions from farms to protect farm dwellers and also
labour tenants.
We continue to appeal to the rest of the world not to
perpetuate selective morality. Race should never be a factor
when condemning the violation of human rights and


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 8
international law. It can’t be correct that certain
superpowers turn a blind eye to atrocities in Africa and the
Middle East but unite in calling out for justice for victims
of the same atrocities in Western countries. This disparity
must immediately be brought to an end. All citizens of the
world have equal rights. We call for continued dialogue
between those in conflict and we are hopeful that through
negotiations and mediation an agreement can be reached.
His Excellency, the President of the Republic, Cyril
Ramaphosa, was forthright when he said:
We must rebuild a society that is far better than the one
that came before it. We must become a society that is free
from poverty, hunger and deprivation. We must become a
society where women and children are free from violence,
and where their rights are protected.
This is a clear line of March that should preoccupy all South
Africans. We should all say it is not yet uhuru [freedom] when
we see our people walking long distances to fetch water,
children walking long distances to attend school, our people
excluded from the mainstream of the economy, our people being


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 9
landless, people facing hunger and starvation, and women
sexually violated, abused and killed.
Working together, we can address all these challenges. As
government, we have exhibited commitment to fight and defeat
the scourge of gender-based violence, GBV, and femicide, which
continues to bring great shame to us. With regard to that, we
want to thank this House for the speedy processing of
progressive legislation to strengthen the fight against GBV
and femicide. The legislations are the Criminal Law (Sexual
Offences and Related Matters) Amendment Bill ... Act, the
Criminal and Related Matters Amendment Act and the Domestic
Violence Amendment Act.
All South Africans must collectively say, enough is enough.
Violence against women cannot be tolerated. It is a gross
violation of human rights enshrined in the Constitution. We
must draw a parallel between the fight against apartheid and
the fight to end the scourge of GBV. The Constitution protects
all South Africans, especially the vulnerable.
Our Constitution is a living document which entrenches and
advances human rights. South Africans from all walks of life
must, through concrete actions, protect it. As we commemorate


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 10
Human Rights Month, we unequivocally call for an end to the
abuse of the rights of the lesbian, gay, bisexual,
transgender, questioning, intersex and plus, LGBTQI+,
community. Our Constitution prohibits unfair discrimination on
the grounds of sexual orientation.
Through our supreme law, the Constitution, we commit ourselves
to uphold human rights for all South Africans. This is in line
with a clarion call by our forebears. Oliver Tambo, on
1 June 1968, in a statement to commemorate the International
Year of Human Rights, said:
Our fight is for justice. We cannot cease until we have
won, as we will in time. And in achieving human rights for
all men in Southern Africa we will be making our
contribution to the fight for human rights and freedom the
world over.
Tambo understood then that the fight that is won for human
rights in South Africa is a fight won for human rights in
Africa and the world over, and in that way, we will contribute
to humanity the best gift of human rights to the people of the
world. The statement by Tambo illustrates that the ANC was
always on the side of the people and in fighting for their


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 11
rights. However, today we have yesteryear oppressors and those
who were sympathetic to the apartheid regime arrogantly acting
as democrats and safeguards of human rights. They disguise
their action as democratic but upon closer scrutiny South
Africans have unmasked these neoliberals for who they are;
people hell-bent on reversing the gains of our democracy and
wanting the status quo to continue. These are the
organisations that within their ranks have no space for black
leaders to play any meaningful role. They exclude black
communities in areas where they govern and prioritise affluent
areas for development. South Africans have long realised that
these organisations are opposed to constitutionalism. Nor do
they want a nonracial society. We stand for services to all
the people of our country, irrespective of the colour of their
skin, racial orientation or creed. Services must go to all
South Africans and everyone must serve all South Africans,
irrespective of their colour.
Irrespective of the behaviour of organisations I have
mentioned above, our Constitution is a tool that should unite
all South Africans and herald us to an inclusive society. It
must enable us ... fundamental freedoms and guarantee our
rights as citizens. However, we need to remember that as we
exercise our various rights, great responsibilities lay upon


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 12
our shoulders. We must respond directly to the World Bank’s
report that still puts us as one of the most unequal societies
in the world. The social compact announced by the President is
the best way to take ... out of the difficult quagmire of the
lack of economic growth and the lack of job creation in the
country. Collectively as a social pact and social compact, it
will enable us to achieve the goals of economic growth that
will enable us to build an equal society where everyone has
access to employment and access to economic opportunities that
will help us to achieve economic growth. If all of us work
together, we can build our nation in diversity.
South Africans can only be inspired by ethical leaders who
will root out corruption, malfeasance and maladministration.
Corruption, if not tackled, can derail the gains we have made.
Let us collectively reject self-preservation and acknowledge
that human rights is our lifeblood. Any institution or persons
seeking to undermine our hard-earned rights should not only be
rejected but must face the consequences of attempting to
undermine that which unites South Africans from all walks of
life. We have no option but to work together as a nation to
build a country of prosperity for all, with equal rights for
all citizens of South Africa. I thank you very much,
Chairperson.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 13
Ms F NKOMONYE (Eastern Cape): Chairperson of the NCOP, Mr Amos
Masondo, Deputy Chairperson of the NCOP, Ms Sylvia Lucas, hon
Chief Whip of the NCOP, Mr Mohai, hon MECs present here, the
Minister of Justice and Correctional Services, Mr Lamola,
permanent and special delegates of the NCOP, distinguished
guests, members of the media, ladies and gentlemen, a very
good morning to you all.
Chairperson, we are gathered here today, barely a day after
the nation celebrated Human Rights Day. We are gathered here
to debate under the theme: The right to equality - Reducing
Poverty and inequality. The province of the Eastern Cape
celebrated Human Rights Day at Ntselamanzi, Dikeni in Raymond
Mhlaba Local Municipality.
The day was dedicated to one of the earliest modern African
intellectuals of the 19th and 20th centuries, Reverend John
Knox Bokwe who played a central role in the establishment of
the University of Fort Hare that came into being in 1916.
Reverend John Knox Bokwe was also instrumental in the
establishment of schools and churches in the province, in the
areas of Dikeni as well as Ugie in the Joe Gqabi District
Municipality. He championed the importance of education as a
human right.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 14
We are also gathered here today to remind South Africans about
the sacrifices that accompanied the struggle for the
attainment of democracy in South Africa. Franz Fanon once
said:
Each generation must, out of relative obscurity, discover
its mission, fulfil it, or betray it
The generation of Mandela, OR Tambo, Kwame Nkrumah, Julius
Nyerere and many others identified its mission as the
liberation of the continent from the colonial rule and I dare
say they fulfilled their mission. This generation has a
mission to accomplish and for me that mission is to eradicate
poverty and inequality in our lifetime. The United Nations
Human Rights Commissioner recently published that:
No social phenomenon is as comprehensive in its assault
on human rights as poverty
This is because poverty erodes economic and social rights such
as the right to health, adequate housing, food and safe water,
and the right to education. According to United Nations
Children's Fund, UNICEF, almost 22 000 children die each day
due to poverty. Nearly half of the world's population live on


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 15
less than R40 a day. More than 1 billion people in the world
live in abject poverty on less than R25 per day while the
richest 1% people have almost half of the world’s wealth. This
underscores that there is a huge gap and inequality in the
distribution of the world economy. Thus, poverty is one of the
most serious challenges the world is facing today. And
poverty, in turn, is a serious threat to political stability,
social harmony, peace and justice.
Sadly, the World Bank recently published that South Africa is
the most unequal country in the world, ranking first among 164
countries, with race playing a determining factor in a society
where 10% of the population owns more than 80% of the wealth.
As the leadership we have a responsibility to change this
narrative. The Centre for Economic and Social Rights argued in
December 2008 that:
Poverty is an assault on human dignity, but it can also
reflect a violation of human rights when it is the direct
consequence of government policy or is caused by the
failure of governments to act
I fully concur with that sentiment and support an argument
that says a human rights approach to poverty calls for a


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 16
paradigm shift in how we understand and address poverty. A
human rights -based approach thus looks at poverty not as a
question of fate, but rather as an issue of justice. This
implores all of us to reject the view that poverty is
inevitable, but rather look at why poverty persists in this
country. This calls for a vigorous investigation, and holding
of public representatives, administrators, business, and
investors accountable for their actions or failures to act
that produce, perpetuate and exacerbate poverty in South
Africa.
As you know, hon members, that we are guided by the National
Development Plan whose intent is to reduce poverty, inequality
and social exclusion by 2030, as the province of the Eastern
Cape we believe that recognition and eradication of poverty,
inequality and social exclusion cannot be limited to policy
and strategy documents. It must be reflected in legislative
documents because laws are binding.
We also acknowledge that post 1994 South Africa has invested
significantly in a social wage package that includes social
grants, free basic education, healthcare, food security and
basic services. There is still a greater need for


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 17
collaboration in basket of services we offer to make a greater
impact on poverty and inequality.
As I conclude, in almost all the provinces, Eastern Cape
included, poverty and inequality are two phenomena that are
prevalent. We cannot discount what government has done to
fight for the attainment of these freedom of the people of
this country. However, there is still much more that’s needs
to be done. Let us all - even opposition parties - as we do
our work on a daily basis be inspired by the preamble of the
Freedom Charter which says “
These Freedoms We Will Fight for, Side by Side,
Throughout Our Lives, Until We Have Won Our Liberty
Let us therefore defend and advance human rights. Thank you.
Ms D C CHRISTIANS: Thank you, Chairperson. Hon Chairperson,
hon Minister, hon members and fellow South Africans good day.
Human rights violations across the world have escalated and
many leaders around the world have in the words of Amnesty
International:


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 18
Pushed hate, fought against rights, ignored crimes
against humanity and blithely let inequality and
suffering spin out of control.
As we encounter more and more human rights violations across
the world, the necessary question is whether humanity has lost
its value and essentially what the role of governments across
the world is to alleviate these burdens. South Africa has a
long history of human rights violations, sadly the country
remains an example of undermining the freedom of others
despite having one of the most robust and celebrated Bill of
Rights in the world. South Africa has recently also been named
the most unequal country in the world where the large majority
of people in the country are still excluded from socioeconomic
development based on race, gender, ethnic origin and
disability. Persistent poverty and growing inequalities across
the country are stark reminders that the ANC government has
failed to protect its citizens and have not created an
environment conducive to sustainable and equitable social
development.
In the past decade poverty has intensified and the failings of
government have been brought to light. It is true that
government has embarked on numerous poverty reduction


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 19
strategies in order to address poverty and inequality in the
country. However, these strategies have been largely
ineffective. After almost 30 years of ANC governance, more
than 50% of the population is still poor, and inequality in
the country is amongst the highest in the world. These
failings have been because of corruption and the inability of
government to implement strategy and policies. As a result of
this government’s inability to alleviate poverty it has seen
the country’s entire fabric crumbling. To quote the words of
Mary Robinson:
I am often asked what is the most serious form of human
rights violations in the world today, and my reply is
consistent: extreme poverty.
Recent crime statistics show that contact and violent crime
are on the increase, this essentially means that we cannot
feel safe in our own homes. Despite a Freedom Charter that
aspires to keeping the citizens of our country safe, Bheki
Cele and his department is failing the people of this country.
In fact, Sunday’s Carte Blanche highlighted police brutality
and the inhumane treatment and torture of citizens. Management
at police stations came under the spotlight with reports of


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 20
ill-discipline amongst police officials frequently reported,
but not dealt with.
Gender-based violence remains one of the country’s most
distressing and rampant human rights violations in the
country. It remains a profound human rights violation with
major social and developmental impacts for survivors of
violence, as well as their families, communities and society.
At the beginning of 2021, R128 million was pledged towards
gender-based violence, yet South African experts told Human
Rights Watch that despite promises – including in the National
Strategic Plan – to address gender-based violence and
femicide, the government has still failed to provide adequate
funding for shelters and other services.
Additionally, police and health departments still fail to
prioritise victim friendly facilities or prioritise medical
forensic services, with victims often being treated inhumanly
because of the lack of suitably qualified health professionals
and lack of facilities. Hon Chairperson, the right to health
care in South Africa is a further human rights violation
further impacted by poverty and inequality. Across the country
are reports of huge health care inadequacies such as a lack of
medication at clinics, hospitals and mobile clinics as well as


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 21
numerous reports of operations not done timeously or limited
operating theatre space while others have died because of
patient transport that cannot get them to towns for life
saving treatment.
Reports are rampant of members of the public raising concerns
regarding the shortage of equipment. According to a report,
the long waiting times for medical intervention potentially
exposes patients to the development of complications or even
loss of life, public hospitals, in the words of the report,
have become a death-trap for the poor.
Hon Chairperson, we cannot speak about poverty alleviation and
the right to equality if we do not address the glaring right
to access of quality education. At the beginning of 2022, it
was reported that close to 400 000 learners were not placed in
schools across the country, delaying their access and right to
education. Additionally, schools across the country are
affected by failing municipalities owing Eskom millions of
rands and in turn affecting teaching and learning.
Afrikaans:
Water- en riooluitdagings loop oor die land heen, van
Noordwes, Mpumalanga tot in die Noord-Kaap sien ons gebarste


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 22
waterpype, verstopte rioolinfrastruktuur en slaggate groter as
die groot gat in Kimberley.
Verder hou hierdie probleme risiko’s in vir inwoners soos
cholera, bakterieë, swamme, parasiete, en virusse wat derm-,
long- en ander infeksies kan veroorsaak, om nie eens te praat
van die talle ongelukke op die Noord-Kaapse paaie weens die
groot slaggate nie.
Meeste munisipaliteite het die inwoners van hierdie land in
die steek gelaat. Onbevoegde munisipale rade en amptenare,
wydverspreide korrupsie en kaderontplooiing het bygedra tot
die spoedige verval en selfs ineenstorting van dienslewering
en infrastruktuur in die meeste dorpe en stede in Suid-Afrika.
Die mense van hierdie land is werkloos en geteister met
armoede en landsburgers sukkel om toegang tot kwaliteit
onderwys, gesondheidsorg en basiese dienste soos water en
sanitasie te kry. Ons het die ontstellende toename van
xenofobiese aanvalle gesien en die regering het daarop
aangedring om Covid-19 beperkings te handhaaf ondanks die
negatiewe uitwerking wat dit op ons land gehad het.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 23
Mensehandel is aan die toeneem in die land. Die President
versuim om Rusland se inval van die Oekraïne, en die
gepaardgaande skending van haar sowereiniteit en haar mense se
menseregte, te veroordeel.
English:
As I conclude, Chairperson, we need to protect the human
rights and dignity of South Africans at all costs and put the
people of this country first. The country is in a rapid
economic and social decline, we need a drastic change in
government and the Local Government Elections in 2021, was the
indicator that change is on the horizon. The people of South
Africa will affect that change come 2024, when the ANC
government is voted out once and for all. I thank you.
Ms D G MAHLANGU: Hon Chairperson and Deputy Chairperson of the
NCOP, hon Minister, the Chief Whip of the NCOP, MECs, special
delegates, hon members from South African Local Government
Association, Salga, hon members of the House, fellow South
Africans ...
IsiNdebele:
... lotjhani.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 24
English:
We undertake this debate when the world is faced with a major
risk of global instability. The effects of the conflict of
Ukraine and Russia is bound to have far reaching economic
implications for developing countries which will be impacted
by the rise in fuel prices and other basic foods as the global
supply system gets constrained.
The conflict also brings forth human rights issues, and we
commend the President of the Republic, His Excellency, hon
Cyril Ramaphosa, for calling for peace and diplomatic
resolution of the conflict. The guns should be silenced so
that global development continues, particularly in closing the
inequality gap between developed and least developed nations.
Without peace and harmony between developed and least
developed nations, a better life for the least developed
nations will become a dream defect. The full realisation of
our human rights in a global capitalist system requires the
state to enable all South Africans, particularly the poor and
marginalised, the capacity to enjoy their socioeconomic
rights. The economic aspect of socioeconomic rights is an area
which our democratic dispensation has not achieved, but has
made significant strides to enable its realisation.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 25
Hon Chairperson, the Universal Declaration of Human Rights
1948 had an impact on the liberation struggle in South Africa.
The Freedom Charter which was a product of the proposal by the
Z K Matthews. The Mathews was inspired by the UN Declaration
of Human Rights. This background is critical in locating human
rights in our historical evolution which also predates the
Freedom Charter such as the African Claims of 1943 which
focused on the Bill of Rights.
The Freedom Charter states that our country will never be
prosperous or free until all our people live in brotherhood,
enjoy equal rights and opportunities. This call by the Freedom
Charter that encapsulates the basis for the realisation of
prosperity and freedom is based on the enjoyment of equal
rights and equal opportunities. This recognises that in order
to enjoy economic rights the marginalised majority should have
equal opportunities in the context of the inequality
entrenched by colonialism. This, in practical terms, means
that our democratic government should be able to create
enabling conditions and empower the marginalised to have equal
opportunities to those who are privileged, who are in the main
the white minority.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 26
Hon Chair, since the democratic government, the ANC has placed
the education in the centre of development and redress. This
is so because education is a critical element for skills
development and the broader human capacity development of the
nation. Skills development is also a critical aspect for
workers in order to improve the capabilities and to enable
them to get more opportunities. The fact that we are in a
period of rapid digital transformation and the Fourth
Industrial Revolution and changes in the world of work, we
need to protect our workers in areas which are not critical as
the skills needs of the economy changes.
Our government and the private sector have a responsibility to
ensure that we train our workers skills of the changing world.
It is therefore imperative that even in our education system
we need to develop graduates with relevant skills for the
economy. We must aggressively focus on skills development to
address the skills gap and skills mismatch which contribute to
unemployment, especially the role of technical and vocational
education and training colleges and apprenticeships.
Hon Chairperson, one of the major areas which requires
strengthening is the integration of learning and practical
experience as these enable students to seamlessly integrate to


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 27
working opportunities as they would already be exposed to the
workplace.
In order to transform our economy, we need to incorporate
entrepreneurship into our education curriculum at a basic
education level and higher education. This is important for
economic growth and to develop skills amongst the youth to be
an integrated into the economy as employers and not only as
workers or employees.
Economic development and transforming the ownership pattens of
our economy means that more black people should be supported
to venture into entrepreneurship. Various economic research
and statistics have demonstrated that despite medium sized and
large firms having the capacity to create jobs, small business
have been the key drivers of job creation in the recent years.
This indicates that we need to continue to support small,
medium and micro enterprises, SMMEs, as government, but it is
also important that the private sector should also focus on
supporting SMMEs.
Developing financing institutions are important if we are to
stimulate the economy. We commend the work of government in
ensuring that businesses are paid within 30 days of invoicing


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 28
and that set aside exists for small businesses. Other
government development financing institutions such as the
National Development Agency, NYDA, Small enterprise
development agency are critical players in supporting small
businesses.
Government has developed centres for entrepreneurships and
rapid incubators in institutions of higher learning to foster
a culture of entrepreneurship among young people, students and
convert job seekers to job creators. The Small Enterprise
Development Agency, SEDA, has also developed the Basic
Entrepreneurship Skills Development Programme which is funded
by the National Skills Fund. The programme uses coaching to
facilitate and reinforce learning and development support to
emerging entrepreneurs.
Hon Chair, more than 2 000 emerging entrepreneurs have, to
date, been supported through the programme through the Youth
College Fund. Government aims to support 10 000 young
innovators over the next year, and we should be proud of this.
These are not tabled interventions which also require the
private sector to play their role in expanding this type of
interventions to create more opportunities. Private sector
financing institutions and investors should develop models and


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 29
programmes which focus on investing and supporting small
businesses and innovations to grow enterprises and to
diversify ownership of the ... [Inaudible.] The market
concentration of monopolies should be shunned and addressed
continuously by the Competition Commission.
Chairperson, human capacity development is a critical aspect
to develop and grow any economy. Without the skills and
capabilities, economic development ... [Interjections.]
The CHAIRPERSON OF THE NCOP: As you conclude, hon member.
Ms D G MAHLANGU: ... becomes constrained. One of the major
dangers of the structures of our economy has declined in the
manufacturing sector to an increase of the service sector with
financial service growing in the main.
The CHAIRPERSON OF THE NCOP: Hon Mahlangu, because of the
speaker’s list, I was not aware that your minutes have
actually been increased from 10 to 15.
Ms D G MAHLANGU: Can I continue, Chair?
The CHAIRPERSON OF THE NCOP: Please.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 30
Ms D G MAHLANGU: Thank you. As industries adopt to
technological changes, the skills and capabilities develops
and it enhances the overall human capabilities of the country.
The private sector has an important role to play in creating
work opportunities. All work places in South Africa should be
training and developmental spaces. Private sector development
institutions also have a responsibility to ensure financing
conditions take into consideration of many South Africans who
are largely asset poor.
Our country has been one of the most unequal in the world.
This demonstrates the structural challenges which impact
income distribution and asset distribution. This inequality
affects women beyond race. The patriarchal nature of our
society requires government interventions to prioritise
empowerment of women.
Hon members, the democratic government has made significant
progress in ensuring that we break the cycle of poverty. Today
a child of a domestic worker can become a doctor, engineer, a
lawyer and actuarial scientist and other professions which
were primarily preserved for the white community. A village
which never had running water and electricity, today has
electricity. Education is free for the poor until higher


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 31
education. This commitment and realisation by the democratic
government demonstrate the primacy of human capacity
development. These are the democratic gains of South Africans
under the leadership of the ANC.
We need to ensure that our workplaces do not discriminate
against women, people with disabilities and the LGBTIQ+
community. Economic emancipation will always be constrained
for the discriminated. Women in workplaces continue to be
exposed to sexual harassment and stereotyped treatment which
hampers on the upward mobility of women in strategic sectors
of the economy. The low ownership of the economy by women and
the dominance of male in the management of Johannesburg Stock
Exchange listed companies is a reflection of the system
exclusion of women in strategic areas of the economy.
Hon Chairperson and members, the recent World Bank report on
inequality in South Africa reflects the need for a deeper and
rigorous progress of transforming the structure of the economy
to unleash its potential and to create an inclusive society as
inequality contributes to low economic growth and low economic
development.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 32
The ANC, in its 54th national conference, resolved on radical
socioeconomic transformation due to the recognition of the
slow transformation and that the vision of the Freedom Charter
to ensure the freedom of all South Africans and prosperity is
realised. Without guaranteeing the special economic rights of
all South Africans, our social stability will continue to
deteriorate.
As I conclude, hon Chairperson, as public representatives in
this House we all have a collective responsibility to rally
all South Africans and social partners from business, labour
and civil society to contribute in supporting initiatives
which build the capabilities of South Africans. A social
compact of a better South Africa has never been this urgent.
Hon Chairperson and hon members ...
IsiNdebele:
... ngiyathokoza. UZimu anitjhudubaze.
English:
Thank you very much.
Ms M O MOKAUSE: Chair, the right to equality stands as an
important part of South African history. However, our


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 33
appealing human rights norms are yet to be meaningfully
translated into reality.
In observing human rights, we are provided with an opportunity
to acknowledge its failures. For while democracy has delivered
some freedom for South Africans, it’s not enough and not
enough has changed for the black majority of our country.
Today, we are still faced with the remnants of the apartheid
regime that simply refuses to die, represented by the former
liberation movement which is now in government, the ANC.
And in its formal form, the right to equality remains but a
distant dream for black people due to the triple social
challenges of unemployment, persistent poverty and widespread
socioeconomic inequalities.
According to a new report, which was released earlier this
month by the World Bank, South Africa remains the most unequal
country in the world, ranking first amongst 164 countries in
the World Bank’s global poverty database. Yes, Chairperson, it
is the most unequal country and there’s nothing to contest;
hon Minister, that is the truth about south Africa.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 34
In fact, we stand far removed from ever realizing equality in
the meaningful terms so much so that any approach to obtaining
any form of equality should be based on redressing poverty,
which has remained one of the biggest problems in South
Africa.
Poverty is worsened by high unemployment rate, which is
highest among youths who currently roam the streets unemployed
in their numbers. Many more have abandoned the job search
altogether and have lost hope in ever finding employment. They
are faced with pervasive poverty and unemployment, whilst
inequality continue to thrive. Inequality also manifests
itself amongst our youth in a number of ways, the most common
being through the glaring disparities of wealth between the
rich and the poor.
The right to equality is yet to be realized in any meaningful
terms and it remains questionable whether it is achievable in
the backdrop of numerous challenges faced, which include the
high levels of unrest, rampant crime and a population which is
faced by more social ills than it ever has in the history of
this country.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 35
Crime remains a black problem and that’s a fact. We witness
daily murders in Inanda, Nyanga, Khayelitsha and many other
areas where black people reside and these hardly receive any
attention from all levels of government. This is because
humanity of an African child is easy to dispense with.
Poverty, homelessness, poor educational outcomes are all black
problems and they are directly associated with the high rates
of crime.
We also remain a nation with a dual economy, a tale of two
nations. A tale of two schools: one private, properly
functional, where the wealthy send their kids to be educated
effectively so; whereas our public schools stand
dysfunctional, poor, under-resourced and incapable of
equipping learners with necessary skills.
For the ANC has failed to provide proper public schools with
competent teachers and the struggle around free education
remains part of the burning issues in South Africa.
A tale of two health services where private hospitals offer
efficient, quality health services whilst public hospitals


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 36
remain dysfunctional, and that’s where black people are meant
to receive the services from.
Without interventions to address these questions, Africans
will remain pariahs in the land of their birth.
Chairperson, this is our land and we are not visitors in our
land but the ANC wants to turn us visitors in our own land.
Our chances of achieving meaningful change which will enable
the realization of a just and equal society remains a dream
under the ruling party, which also commodifies public
services, which only serve the rich; for the poor are afforded
their own level of equality which differs to that of the
wealthy, living in affluent suburbs.
Chairperson, we are here today faced with the reality of an
increasingly repressive government of a failing economy of
millions of black people without employment and millions more
without their land; and the ANC must be characterised for what
it is, a violator of human rights in this country called South
Africa on behalf of its white monopoly handlers.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 37
The dream of an equal society stands farfetched as the ANC
has, since 1996, pursued neo-liberal policies which have
failed to transform the economy so much so that two decades
into democracy the black majority remains on the outskirts of
the economy.
It is the ruling party which has led to the normalisation of
poverty in this country and there currently exists no
difference between the ANC and the parties which have come
before it representing white supremacists; for the legacy of
apartheid endures.
Chairperson, we are yet to see equality being translated into
reality. Black South Africans continue to hold fewer assets,
have fewer skills, earn lower wages and are more likely to be
unemployed. In some companies, white workers continue to earn
more than blacks do, even in instances where they do the same
work and are on the same level, even if when a black person is
more qualified than a white person, they are just remunerated
because of their colour, for being white.
Inequalities are passed down from generation to generation
with little change over time. Blacks continue to live without
land whilst the elite, mainly the white monopoly, continue to


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 38
thrive; endorsed by Cyril Ramaphosa and his clique within the
ruling party.
And once again on this so called Human Rights debate, there
remains nothing to celebrate for the black majority, for the
right to equality stands as but a conceptually flawed
promises.
In Sharpeville, Chairperson, you know very well, your
generation remains poor, lives in house which are constantly
flooded with water, lives in houses with asbestosis roofing,
under your government.
Are you not ashamed, Chairperson, of yourselves, endorsing
such inhumane living conditions?
Black people live in skwalas [squatters], under your watch. We
will remember you for what you are, Chairperson, sell outs,
the day you are no longer in this world. Thank you.
The CHAIRPERSON OF THE NCOP: Thank you very much, Mokause. No,
but, just to say that the abuse of the platform to say all
sorts of things and so on, really does not assist this House


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 39
to run its own business. I’m just noting that, as you
conclude.
Ms C Q MADLOPHA (KwaZulu-Natal): Hon Chairperson, hon Deputy
Chairperson, hon Minister of Justice and Correctional
Services, hon members and all fellow South Africans in the
virtual platforms, we greet you this afternoon, we are aware
that some in this House and somewhere around the country still
get a confounded whiteism futon for the government for the
people by the people to commemorate the Sharpeville massacre.
Since our democratic breakthrough in 1994 the ANC government
has enacted new legislations and policies to ensure that the
ideals of the Freedom Charter are realised. Day by day we
continue to mobilise a South African behind their own
development to ensure that indeed South Africa belongs to all
who live in it, black and white.
Having experienced the brutality of the apartheid government,
we hold the view and act daily in a manner consistent with the
understanding that a central question of South African policy
is how the muscle of the people fought against the evil system
side by side with the ANC, PAC, AZAPO and many more other
progressive forces.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 40
The Human Rights Month give us an opportunity to remember and
owner those who make it possible for us to achieve freedom and
democracy. We speak of freedom today because of the courageous
men and women who marched in Sharpeville and Langa on 21 March
1950 for the total abolishing of the pass laws. It was a day
where 69 Africans patriot were brutally massacred as the hon
Minister has indicated as well as more than 180 protesters who
were injured in Sharpeville treated as Saruman and the cheap
source of labour. Their human rights were violated and their
lives cut short for demanding to be treated with dignity and
fair ... [Inaudible.] ... Their sin was to demand the
abolition of political past system as well as the evil system
of apartheid colonialism itself.
Their bravery exposed the brutality of apartheid for the own
well to see and united our people unyielding resolve for
freedom. People demanded that apartheid government change its
oppressive and inhumane policies. That movement was also
joined by the international community some within our shores
stood against those who continued to oppose freedom.
Hon Chairperson, it is a fact that we see people who enjoyed
good life under apartheid todays speaking ill of the ANC and
people who brought about freedom in this country. In some


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 41
quarters of this country some people have the audacity to
insult the very same government that came as a result of
democracy riddle by the ANC.
As a nation, we make many strides in respect of human rights
and ensure it became a reality for everyone. However, the
abuse of sexual assault, gruesome murders of women and
children, discrimination, abuse of farmworkers and dwellers
mean we have not reach our destiny.
As we commemorate the Human Rights Month under the theme: ‘The
Year of the Unity and Renewal: Protecting and Preserving our
Human Rights Gains’. At no stage should we forget about the
struggle that were way in order for us to gain our freedom. It
is a right for African too to own land. It is the right of
women too to own land.
We stand here today with no fear or contradiction to say a lot
has been done by the ANC government to ensure dignity of the
people, to ensure that human rights are of them. But we still
have a long way to go. It is the right for all people of this
country to fully participate in the economy. By radically
economic transformation we intend to ensure that the profit of
economic transformation is fast-track.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 42
We had to see Africans, black in particular, owning the means
of production, participating fully in the sectors of the
economy and increase in the number of black business that are
registered in the Johannesburg Stock Exchange.
As we also celebrated the 25th Anniversary of the enactment of
the Constitution, we need to see what good the South African
Constitution brought for all people. The Constitution
enshrined the rights of all people in South Africa and affirm
the democratic values of human dignity, equality and freedom.
We had to judge that by seeing many of our people not
depending on the abusers or survival or employment.
It is our duty as the nation to strive for inclusive
socioeconomic development while ensuring that we combat
racism, racial discrimination and all related intolerances.
Without any fear or contradiction, hon Chair, the ANC
government should continue to remind people where we come
from. We know that power mongers continue to craft strategies
hanging against the liberation movement to illegitimise this
with some trying to set this country backwards.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 43
The founding father of our nation, President Nelson Mandela,
put it very clear when he said, and I quote: “To deny people
their human rights is to challenge their very humanity”. One
example is before us all, what is happening in the City of
Johannesburg today violating the rights of people, the move to
fire over 130 workers is a classic example of human rights
violation. This thing must be stopped. That un-procedural act
need to be stopped. This true violation of human rights to say
women who were given employment must now join a huge list of
unemployment in this country is really unfair and uncalled
for.
Instead of the City to create jobs that everyone is doing,
they open to fire the people. What do you call that? And the
racial approach when they are advertising posts is confirming
in our country. It is imperative that we continue to promote
the division, principle and values that inform us that
whenever we are and whatever we do, we should ensure that our
action contribute to the attainment of a free and just
society, the upliftment of all our people and the development
of South Africa that belongs to all who live in it. This is
the division of South Africa that is democratic, nonracial,
nonsexist and prosperous, a country in which all people enjoy
a better life.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 44
We have done a lot of work in pursuit of the vision and
principles of our liberation movement that has at all times
been based on the eight old values of Ubuntu, of selflessness
sacrifice and serve in a manner that ensure that interests of
the people take precedent over our individual interest.
Hon Chairperson, I truly believe that our government has been
working in the true spirit of these important values. Today we
are a nation that values of ubuntu having learn from such
giant of our struggle Ma’am Charlotte Machete, Lillian Ngoyi
and many more other heroes and heroines of our country. They
always reminded us all human beings are born free and equal in
dignity and rights.
As government from 1994, we embarked on policies and
programmes directed at pulling the people of South Africa out
of the morals of poverty and ensuring that we build a state
witch develop and prosperous country.
Our journey continues to transform our economy. We remain
undented arguing that not enough programme has been done make
to induce nonracial South Africa that Constitution envisage
for. Our history dictated that we as a nation should rise and


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 45
create society that is truly united, nonracial, nonsexist,
equal and prosperous.
We must follow in the footsteps of our heroes and heroines to
adopted a principle stands against the apartheid legislation
that requires that every indigenous African male above the age
of 60 must carry the dompas day and night and to produce it on
a demand by the police.
As I conclude, hon Chair, our long history of struggle tells
us that there are countless other hundreds of thousands who
fell before many more that followed after Sharpeville. Let us
all speak in one voice with regard to ending discrimination
and equality in our society.
The notion that our society contain with autonomous mechanism,
which will and can activate themselves to produce condition of
equality cannot be sustained. The achievement of the objective
of equality in a manner that generate the least conflict
required that to use a collegial expression those who are more
equal than others in our society should themselves see the
realisation of this objectives as being in their own interests
as well as themselves joining the struggle to eliminate the
apartheid legacy. Hon Chairperson, I thank you. [Applause.]


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 46
Mr M R BARA: Hon Chairperson, hon Minister, hon members and
fellow South Africans, good day. Chairperson firstly, let me
say that today we are mourning. We have lost one of our key
icons, a young man Luzuko Koti who worked for the SABC, who
passed on yesterday.
IsiXhosa:
Wanga umoya wakho ungalala ngoxolo Ndala.
English:
Chair, I start off with a quote by Helen Suzman.
I stand for simple justice, equal opportunity and human
rights. The indispensable elements in a democratic
society – and well worth fighting for.
The DA prides itself as a party that stands on the values that
by all means respect and stand for human rights. The Bill of
Rights is a cornerstone of democracy in South Africa. It
enshrines the rights of all people in our country and affirms
the democratic values of human dignity, equality and freedom.
The state must respect, protect and fulfil the rights as
contained in the Bill of Rights.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 47
In today’s context, it is paramount that when we address human
rights, we look at the line between the marginalised society
that has been torn apart by poverty, under the stewardship of
the current government that currently enriches those that are
affiliated to the corrupt system of the ANC to cadre
deployment, where the elite is drawn and kind of get all the
benefits that are supposed to be benefiting those that are
poverty stricken and the hungry.
The central message is that poverty is not necessarily a
failure on the part of an individual, but rather caused by the
actions or inactions of government which are often exacerbated
by structural inequalities in our society. This in turn
requires a more rational approach grounded in respect for
human rights. Poverty is a serious economic and social problem
that affects a large portion of the world’s population and
manifests itself in diverse forms, such as lack of income and
productive assets to ensure sustainable livelihoods, chronic
hunger, malnutrition, homelessness, lack of durable goods
diseases, lack of access to clean water, lack of education,
low life expectancy, social exclusions, discrimination, high
levels of unemployment, high rate of infant and maternal
mortality, and lack of participation in decision making.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 48
The antithesis of all the above is what is required to fight
poverty and hunger. As a country that is rich with history of
inequality, we cannot afford to ignore the past and yet we
cannot stay in the past. History will not justify today’s
corrupt system that are not unifying us based on our
yesterday. Equal opportunities and skills redistribution is
crucial in ensuring that we are all pulling together towards a
fair and diverse South Africa. Poverty erodes or nullifies
economic and social rights such as the rights to health,
adequate housing, food and safe water and the right to
education.
The World Bank Report found that South Africa remains the most
unequal country in the whole world. High levels of inequality
and low intergenerational mobility act as a brake on poverty
reduction. As a result, poverty is high for upper middle
income countries. Poverty is consistently highest among black
South Africans, the less educated, the unemployed and female
headed households, large families and children. In South
Africa, the richest 10% of the population own more than 85% of
household wealth, why over half the population have more
liabilities than assets.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 49
We cannot overlook the impact of the COVID-19 pandemic when
looking at the poverty it has caused. South Africa’s children
are at much greater risk of dying from hunger than they are
from home. And that is more evident in most parts of the
country. Nearly seven 7 500 children under the age of five
died from hunger each year in our country and more than 50% of
the population lives in poverty.
Despite notable gains in poverty reduction post-apartheid,
poverty levels have remained consistently highest among women
black South Africans, people with disabilities and those
living in rural area. We need to build a country that is safe
for all that live in it, irrespective of political
affiliation, but by virtue of being human, and in respect of
our golden Constitution. We need to put an end to racial
opportunity segregation, and strive on building each other as
a country for all. We can only do that though, through
democratic values, opportunity, freedom, fairness, and
equality. By so doing, we would then have entrenched the
feeling that everybody is kind of secure under the
Constitution of the country. I thank you Chairperson.
Ms N C RAKGOALE (Limpopo): Thank you so much Chairperson of
the NCOP hon Amos Masondo, the Deputy Chairperson of the NCOP


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 50
Ms Sylvia Lukas, members and MECs present here, colleagues and
fellow South Africans.
Today’s debate provides an opportunity for all of us to pause
and take stock on our journey to deepen a human rights culture
and advance especially socio-economic rights to reverse the
devastating effects of poverty, inequality and economic
deprivation which are the direct consequence of colonialism
and apartheid which constitutes the primary focus of my
contribution to this important debate.
As the ANC led Government, we have made significant strides in
ensuring that we indeed reverse the injustices of the past
regime by ensuring that the human rights of all South Africans
are protected. We are continuing to work hard to ensure that
the significance of socio-economic rights as an important
pillar of human rights to redress the global challenge of
poverty is realized.
Over the past 28 years, the country has made significant
progress in tackling poverty and deprivation. The ANC led
government has built houses, hospitals and clinics. We have
implemented universal basic education and free higher
education. Most of our people have access to decent water,


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 51
sanitation and electricity in their homes. Society’s most
vulnerable are supported by an extensive social welfare
system.
As an MEC responsible for the Social Development, I can
confirm that every month over 46% of the population receive a
form of social grant. This is indeed an indication that we are
a government which is determined to ensure that it services
its people as demanded by the Constitution.
Hon members, as we are all participating in this important
debate, let us be inspired by the profound words of former
President Nelson Mandela when he addressed the joint sitting
of the Parliament during the occasion to celebrate the ten
years of our constitutional democracy when he stated, and I
quote:
“Let us never be unmindful of the terrible past from
which we come - that memory not to keep us shackled to
the past in a negative manner, but rather as a joyous
reminder of how far we have come and how much we have
achieved. The memory of a history of division and hate,
injustice and suffering, inhumanity of person against
person should inspire us to celebrate our own


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 52
demonstration of the capacity of human beings to
progress, to go forward, to improve, to do better.”
This year we are commemorating Human Rights month under the
theme: “The year of unity and renewal, protecting and
preserving our human rights gains”.
It is during this time when we are paying special attention
and honouring those who made it possible for us to achieve the
freedom and democracy we are all enjoying irrespective of race
and culture. They include brave men and women who marched in
Sharpville and Langa on the 21st of March 1960, for the total
abolition of the pass laws.
The previous regime used its power to show its arrogance and
perpetuated the heinous act and committed the massacres.
We celebrate these historic milestones in honour of the
sacrifices made by our heroes and heroines of the liberation
struggle. Through their bravery at that time, the
international community was able to pressurize the then
apartheid regime to introduce reforms in our country.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 53
Hence it is very important that when we celebrate days like
this one, we should appreciate and honour human rights as
enshrined in the Constitution of the Republic of South Africa.
Delivering his provincial Human Rights Day message yesterday,
our Hon Premier Chupu Stan Mathabatha said the following and I
quote:
“For the past 27 years of democracy and freedom as South
Africans and the people of Limpopo, we are successfully
ensuring that we work together to address the legacy of
our divided past. We are working together to build a
country that is envisaged in the National Development
Plan.”
As we recall the founding principles of our freedom, we are
reminded to always embrace a country which belongs to all who
live in it, especially women and children.
Hon members, I must indicate that we will never fully
celebrate human rights when the vulnerable groups of society,
particularly women and children are still abused and killed.
These are the people who in most instances are abused by men
who are supposed to care for and protect them. Some of them


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 54
die with protection orders in their hands. I reiterate
government’s call for a well-coordinated societal effort
towards a total fight against women and children abuse.
The human rights commemoration will not have achieved its
intended goals if our women and children still live in fear.
Their fear translates into violation of their human rights and
as society, we must stop the talk and act against the pandemic
of gender based violence and femicide.
We are all reminded that women’s rights are human rights that
must be protected at all material times. Our Constitution
makes it clear that all people must equally enjoy their
rights. Just yesterday, when President Ramaphosa was
delivering his human rights message said the following and I
quote:
“Our Constitution calls for the advancement and
protection of human rights for all. It does not matter
whether they are men or women, adult or child, rich or
poor, landed or landless, urban or rural dwellers,
earners or unemployed, workers or employers, citizens or
non-citizens. The Constitution obliges the state to


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 55
protect and uphold these rights and to ensure that
everyone’s basic needs are progressively met.”
I must also take this opportunity to appreciate one of the
Chapter 9 institutions, which is the Human Rights Commission
which oversees the protection of the rights of the all the
citizens of the country and all who live within the republic.
Just on the 3rd of this month, I met with the South African
Human Rights Commission’s Deputy Chairperson Fatima Chohan on
behalf of Premier Chupu Stan Mathabatha in Polokwane.
The Commission came to our province to lobby stakeholders such
as faith-based organizations, traditional authorities, courts
as well as the provincial government to pledge solidarity and
join hands in the fight against poverty and inequality, while
creating social cohesion and nation building.
We then highlighted the effects brought as a result of the
scourge of gender based violence and femicide, substance
abuse, teenage pregnancy and other social ills. We have since
committed that Limpopo province is ready to work with the SA
Human Rights Council, SAHRC to promote good values in our
society, non-racialism and moral regeneration through
government programmes.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 56
This as the commission is continuing with its solidarity
awareness campaign across the country to ensure unity, social
cohesion, moral regeneration and Ubuntu to create a conducive
environment for all people to enjoy their rights.
On behalf of government, we really appreciate this initiative,
as it will go a long way in assisting us to deal with social
ills that are having a direct impact on the lives and the
wellbeing of the people.
We must be a society where quality health care, education and
basic services are provided to our people regardless of
whether they live in a village in a town or a city. Above all,
we must be a society that recognises the dignity of every
individual, and the role of every man, woman and child in
building a better future as it’s a promise of our
Constitution.
As our government is working to rebuild our economy and our
society, we must strive to make this promise [Time expired.]
Thank you, hon Chairperson.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 57
Mr N M HADEBE: Thank you hon Chair and the Minister of Justice
and Correctional Services, MECs and colleagues. Hon
Chairperson, the fight for recognition of fundamental human
rights came at a great cause for South Africa. Many people
dedicated their lives to one day see a government that would
place humane rights at the top of its agenda.
On the 21st of March we pay homage to those South Africans who
stood for human rights yet needlessly lost their lives to the
people that openly displayed hatred of fellow human beings. We
must always reflect on this particular incident, the
Sharpeville massacre as a reminder to not become complaisant
nor take for granted the fight for a constitutional democracy.
While some may toy with ideas of change, we know that our
elders had wisdom in their hunger for democracy. They
recognised the need for a democratic system that guarantees
the right to participate politically and equally towards a
progressive observation of human rights for all.
The global Covid-19 pandemic has shown us more than ever how
important the guarantee of fundamental human rights is. The
absolute need for individuals empower to be held accountable


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 58
and how critical it is to ensure that checks and balances on
government power is maintained.
We cannot go on accepting a gentleman’s agreement that
corruption will be taken seriously. The current administration
expects dealing with corruption as it frequently passes the
bark onto the arms of the state yet, what South Africa needs
more than ever is a morally led government that does not take
kind to corruption.
A typical case in point came about when the whole world was
left vulnerable to the Covid-19 pandemic. The time when our
individual rights and freedom were severely restricted. During
the early stages of the Covid-19 pandemic, no actual case was
made for the shortcomings of human rights in our society.
The entire country was subjected to the suspension of their
human rights by means of harsh lockdown regulations, section
21 of the Bill of Human Rights.
The fragility of our health system was exposed and proved to
be inadequate in contradiction of section 27 of the Bill of
Rights. The multi-layered need for a safe environment in


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 59
section 24 of the same Bill exposed huge shortcomings in
observing the requirements for, I quote:
“An environment that is not harmful to their health and
wellbeing.”
The right to sufficient water and food in section 27 of the
Bill of Rights as many rural schools, dwellings and areas
suffer the effects of Covid-19 simply because they could not
access safe water for sanitation
In contrast, we find that government Ministers through shady
vibes contracts are allegedly implicated in sucking money away
from the poor, away from efforts to access our human rights
and stand by to allow people like these to continue to be
popular figures in our communities.
The Covid-19 pandemic has shown us how easy it could be for a
government to abused human rights and replace it with rampant
corruption. As country citizens, regardless of our differences
we must actively join forces no matter the personality or
wealth in taking to heart the effects corruption has on
meeting our human rights. Whilst dealing with corruption is


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 60
not a silver bullet. It goes a long way in realising human
rights for all.
In closing, the IFP honours the men, women and families who
fought for the liberation of our country. We commit ourselves
to join with local communities in always fighting for equal
human rights. I thank you hon Chairperson.
Mr F V MLOMBO (Mpumalanga): Hon Chairperson of the NCOP, let
me extend my greetings to you, the Minister of Justice and
Correctional Services, the hon Lamola, and to all hon members
who are permanent delegates and all my colleagues who are
special delegates from the different provinces, distinguished
guests, ladies and gentlemen.
Hon Chairperson, I am happy to participate in this debate that
takes place immediately after we have celebrated the Human
Rights Day, yesterday. This debate is guided by the most
profound and relevant topic which is, “The Right to Equality -
Reducing Poverty and Inequality.”
I want to argue that our country has achieved a lot in defence
of the human rights of the people of South Africa. Hon
Chairperson, today we celebrate this day with our heads held


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 61
high and our faces beaming with confidence, because of the
progress that the ANC-led government at both national and
provincial and local level has achieved in just less than 30
years.
Today the nation is enjoying their right to cast their votes
and elect a government of their choice. A right which was
highly impossible during the apartheid era.
Yes, Chairperson, the ANC has respected its pledge which it
has made in 1955, when the Freedom Charter was adopted. When
it said that the people shall govern, when it said that the
land shall be shared amongst those who work it, that the doors
of learning and culture shall be opened to all, that there
shall be houses, security and comfort, that all shall be equal
before the law and that the people shall share the country’s
wealth.
Hon Chairperson and hon members, where in Africa and the world
have we seen a government achieving what the ANC-led
government has achieved in South Africa? Where in Africa and
the world has any organisation been able to build million and
millions of houses for the poor and the vulnerable in just


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 62
less than 30 years, compared to what we have seen in South
Africa being done by the ANC-led government?
Where in the world have we experienced the improvement in
terms of the school children, the number of children attending
schools and receiving free education and the millions of
children receiving meals at schools in a just a period of less
than 28 years?
Our government has introduced a lot of institutions in this
country to ensure that we comply and conform by the call of
the Freedom Charter that the people shall be equal before the
law.
The ANC-led government has introduced a lot of institutions
whose objective is to ensure that they empower the people of
this country and they make them to feel and experience that
they are in fact equal before the law.
Hon Chairperson, today, millions of South Africans are
benefiting from the social security network which is part of
the respect of their human right. Millions and millions of the
people of South Africa, especially the poor and the most


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 63
vulnerable receive basic free health care services as provided
for by our Constitution.
Today, the implementation of the National Health Insurance,
NHI, is at an advanced stage and that is aimed at ensuring
that we increase the number that is the millions and millions
of the people that are receiving basic, affordable and
accessible health care services in our country.
The rights of the workers and the most vulnerable in our
society are today protected by a number of legislation whose
objective is to ensure that we defend the human rights of our
people and reduce poverty and inequalities.
Hon Chairperson, all the above achievements are protected by a
progressive Constitution that is transformative and whose
objective is to facilitate change in political, economic and
social relations in South Africa.
It is a constitution that promotes democracy, the rule of law
and the protection of human rights. It is a Constitution that
celebrates the richness of the diversity of our culture, our
religion and the beliefs of South Africans. It affirms that


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 64
all belong as equals as a one nation and as a South African
nation.
It is a Constitution that commits the state to respecting,
protecting, promoting and fulfilling the rights as enshrined
in the Bill of Rights in our Constitution.
It is a Constitution that aims to transform our society from
one that is based on the injustices and strive to the one that
is based on justice and peace.
Yes, it is a Constitution that we are proud of that protects
the human rights that we are talking about here today. It is a
Constitution whose aim is to ensure that the livelihoods of
our people is improved to be better.
It is a Constitution that deepens the culture of democracy and
human rights by establishing the Chapter 9 and Chapter 10
institutions, to ensure that the human rights of the people of
South Africa are in fact defended.
We cannot ask for more, because the ANC-led government has
delivered to the people of South Africa as promised in a
number of policy documents.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 65
As part of defending and consolidating the human rights of the
people of Mpumalanga, because I am from there, let me indicate
that the ANC-led government in Mpumalanga has declared a war
on poverty. For we believe that no person can feel protected,
no person can have dignity if they suffer from poverty and
malnutrition.
We ensured that there is service delivery in municipalities
because we understand that the rights and dignity of the
people can only be achieved if they get those services that
they are supposed to get.
We have implemented a radical programme, to ensure that we
grow our economy and create jobs for the people of Mpumalanga
because we understand that their dignity will only be
justified if they have jobs and opportunities.
We have begun with the building of two new cities in
Mpumalanga. The first city is over after the 1994 democratic
breakthrough. In this financial year, the people of Mpumalanga
will experience dust going up. The ANC-led government building
for them and establishing two new cities after the democratic
breakthrough. We have made a commitment during the state of
the province address that as part of respecting the rights of


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 66
the people of Mpumalanga, we are going to deliver the first
ever tertiary hospital in our province.
So, hon Chairperson, when the sun rises, the people of
Mpumalanga are hard at work to deliver a better life for all.
As I close, we want to make a recommitment that we the people
of South Africa recognise the injustices of our past and
believe that South Africa belongs to all who live in it, black
and white, united in our diversity we shall respect the human
rights of the people of Mpumalanga and South Africa. Thank you
very much, hon Chairperson and my colleagues. [Applause.]
Ms T P MAMOROBELA: Thank you, hon Chairperson ...
Tshiven?a:
... Mudzulatshidulo wa NCOP, Muthusa Mudzulatshidulo ...
English:
... the Chief Whip of the NCOP, Ntate Mohai ...
Tshiven?a:
... Minisi?a vha re hone Vho Lamola ...


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 67
English:
... Members of Parliament, permanent delegates and
colleagues.
Chairperson, we celebrate 28 years of our hard-won democracy
under very challenging times when millions of our people are
unemployed and living in poverty. Although the ANC has made
substantial advances over the past 28 years to transform the
lives of our people, a lot more needs to be done. Many of the
structural and systemic features of our economy have not
fundamentally changed.
The ANC has received a mandate from the vast majority of South
Africans to transform our economy in the interest of South
Africans. Our country is rooted in human rights and
fundamental freedoms. The right to vote and to participate in
the national life of the country has been won after a
protracted struggle people laid their lives for.
Apartheid’s social engineering, in conjunction with the global
economic order has resulted in South Africa being one of the
most unequal society in the world. The Wealth Insight’ study
shows that 86% of ultra-wealthy individuals are previously
advantaged white South Africans. The majority of those who are


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 68
poorest are those who were previously disadvantaged, yet
substantive equality is enshrined in our Constitution. Human
rights and socioeconomic rights are interrelated; one can only
fully enjoy the benefits of freedom in a democratic society if
one is socially and economically emancipated. Socioeconomic
transformation is therefore central in giving practical
expression to the fundamental human rights enshrined in our
Constitution.
Significant strides have however been made in improving the
quality of life for millions of our people, particularly the
black majority. The ANC-led government has been hard at work
to give effect to our people’s rights to education, housing,
to basic services and health care. Government has advanced
progressive policies to return land to millions of our people
who were disposed by apartheid, and to transform our economy
so that it benefits all. At the same time, we know that
significant challenges remain.
COVID-19 pandemic has significantly eroded the developmental
gains we have made as a nation, and pushed millions of people
into unemployment and worsening poverty and food insecurity.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 69
The struggle for the total liberation of blacks in general and
Africans in particular has not ended. As Amilcar Cabral said:
Always bear in mind that the people are not fighting for
ideas, for the things in anyone’s head. They are fighting
to win material benefits, to live better and in peace, to
see their lives go forward, to guarantee the future of
their children.
In a society with deep social and economic divisions, neither
social nor economic transformation is possible without a
capable and developmental state. The state provides the
institutions and infrastructure that enables the economy and
society to operate. It is important for the state to play a
leading and intricate role in directing growth in the economy
through, amongst others, industrialisation and infrastructure
investment. This enables the private sector to be crowded in
and create the necessary jobs and development. There is no
developing country in the world that has left the task of
socioeconomic transformation and development to the whims of
the market; it is through public spending and investment by
the state that the environment for the private sector to play
a defining role is created.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 70
The ANC-led government is building a developmental state in
order to successfully restructure public finances, create an
effective tax system, dramatic improvement in service delivery
and increasing access to higher education for the poor and
working class.
Significant investments are going into the revitalisation of
industrial parks and the establishment of Special Economic
Zones, SEZs. In excess of R30 billion in investments have
already been made for this purpose. This will give impetus to
the resuscitation of our manufacturing industry and expand
value chains which will effectively intensify our
industrialisation capacity and in the process create jobs,
reduce poverty and diversify our economy.
There are always challenges in the implementation of
progressive policy. There will always be contending forces who
wish to see the status quo remain. We believe we shall emerge
victorious in this struggle for the transformation and
reconfiguration of our society to ensure that it is more
inclusive.
A fundamental shift in our growth trajectory and building a
capable developmental state will be achieved only through


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 71
transforming the structure of the economy. Operation
Vulindlela was established as a joint initiative of The
Presidency and National Treasury in October 2020 in pursuit of
this imperative. Its aim is to support departments and
entities to accelerate the implementation of reforms that will
unlock growth and create jobs. Five priorities will drive this
transformation. These five priorities include: Firstly, energy
which will ensure that there is competition in electricity
generation, with adequate supply to meet demand, and bringing
an end to load shedding. The independent grid operator will
buy electricity at the lowest price from Eskom and private
generators.
Secondly, improving and developing our freight logistics
system which will make the sector more competitive and
efficient, which will have the result of more jobs in export
industries, lower costs for all of the goods that we buy, and
less congestion on our highway.
Thirdly, the release of spectrum will reduce data costs,
increase broadband speed and quality and expand network reach
across the country, including in deep rural areas. The
successful auction of spectrum took place just this month
within the deadline set by the President in his 2021 Sona.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 72
Fourthly, to develop stronger institutions in the water sector
to improve maintenance of our water infrastructure, fewer
disruptions to water supply, and long-term water security in
the face of climate change.
And lastly, the reforms to the visa system which will ensure
that we can access skills and resources that our economy needs
while protecting and increasing the employment of South
Africans, especially in low-skilled and semi-skilled work.
The ANC is hard at work to bring about the necessary
structural changes to our economy in order to create a more
inclusive economy and planting the seeds of growth in the soil
of consensus to yield the fruits of jobs and opportunities.
Our economy however remains highly concentrated with a few
monopolies and oligarchies dominating the commanding heights
of our economy. This is mainly due to the fact that the
apartheid regime actively promoted national champions in
different sectors by developing industrial state-owned
enterprises, monopolies and agricultural co-operatives that
were later privatised and condoned industry cartels which
protected the self-sufficiency and economic interest of a
small minority. This has created barriers to entry and


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 73
decreased participation by Small, Medium and Micro
Enterprises, SMMEs, in the economy.
According to the Competition Commission, out of a sum total of
144 sectors in our economy, 69,5% are highly concentrated with
40% being moderately concentrated and only 9,7% of sectors
being unconcentrated. This is a real cause for concern. It is
imperative that government, the Competition Commission and
other sectors of civil society work hard to break up
monopolies and the high levels of concentration and low levels
of participation in the economy. We further have to provide
SMMEs with the necessary support to ensure their growth and
sustainability.
The implementation of Native Lands Act of ...
The CHAIRPERSON OF THE NCOP: Please, conclude, hon member.
Ms T P MAMOROBELA: ... dispossessed ...
The CHAIRPERSON OF THE NCOP: Sorry. Yes, hon member, you have
15 minutes.
Ms T P MAMOROBELA: Yes.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 74
The CHAIRPERSON OF THE NCOP: You have five more minutes.
Ms T P MAMOROBELA: Yes, Chairperson, thank you very much. The
implementation of Native Lands Act of 1913 that dispossessed
black indigenous South Africans of their land, fermented the
solid socioeconomic injustice that lives with us today.
Scholars across the board are in agreement that the effect of
this piece of legislation was devastating for blacks and its
effects are felt to this very day, more than a century later.
The ANC government has made significant strides to
redistribute land to dispossessed black South Africans to
correct this injustice, however this has been far from
adequate. Not enough productive land has been transferred into
the hands of black farmers and producers. Support programmes
for new farmers have largely been ineffective.
It is important to help naysayers and prophets of doom
understand why land redistribution is important for creating
an inclusive economy. In general, growth in agriculture is two
to three times more effective at reducing poverty than an
equivalent amount of growth generated outside agriculture. The
advantage of agriculture over nonagriculture sectors in
reducing poverty is largest for the poorest in the society and


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 75
ultimately disappears as countries become richer. Growth in
agriculture can also extend to other welfare outcomes such as
food insecurity and malnutrition.
Radical land redistribution is needed now more than ever as it
will give impetus to accelerated participation in agriculture
and agro-processing value chains as this is one of the crucial
economic sectors to transform the economy through sustainable
employment creation, business opportunities, investment
attraction and growing our export base. We have to ensure that
there are effective programmes to improve and increase
training and support measures that will ensure the success of
beneficiaries of land reform.
Transformational imperatives are imbedded in our Constitution.
Section 217 of the Constitution places an obligation on the
state to pursue policy and legislation that seeks to correct
injustices of the past. Since the promulgation and
implementation of our broad-based black economic empowerment,
BBBEE, polices, we have been able to open opportunities for
many previously disadvantaged individuals. The black middle
class has increased substantially since the dawn of democracy.
Much more needs to be done to transform the racial character


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 76
of our economy to make it more inclusive and reflective of the
demographics of our country.
State procurement should be enhanced as an empowerment lever
as it represents a significant market for businesses,
particularly small enterprises, and should be viewed as a key
instrument for empowering emerging black businesses. It would
be remiss of me if I did not address the implication of the
Constitutional Court judgement on the Public Procurement
Regulations of 2017. It must be understood that the judgement
has not done away with our black empowerment policy or
preferential procurement legislation or procurement policy as
many would want us to believe, the court pronounced on the
importance of empowerment and transformational legislation as
effective tools to realise the objectives of section 217 of
the Constitution. The court determined that the power to
determine preferential policy rested with organs of state and
not the Minister of Finance as per the prescripts of
Preferential Procurement Policy Framework Act. Our organs of
state should continue determining procurement policies that
empower black-owned enterprises.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 77
As the ANC, we will not waver in fulfilling our historic
mandate of changing the lives of our people and transforming
the structure of our economy.
The dawn of COVID-19 on our shores has undermined the gains we
have made thus far and compounded the challenges of our
country. Another challenge confronting us is a concerted
effort to undermine and derail our democratic … violence and
disruption, as well as attacks on both public and private
infrastructures. These attempts are an insult to those who
laid down their lives for the ... [Inaudible.] ... in our
Constitution. We cannot allow this to continue.
As I conclude, we call upon all patriotic South Africans to
support government in defending the gains of our democracy and
advancing socioeconomic transformation. I thank you,
Chairperson. [Ndo livhuwa, Mudzulatshidulo] [Applause.]
Ms S G FERNANDEZ (Western Cape): Hon Chairperson, hon
Minister, all MECs, special and permanent delegates to the
NCOP, members of provincial legislatures, representatives of
local government, members of the [good morning] media and
fellow South Africans, good morning, “goei more” “molweni”
[good morning] and “As-Salam-u-Alaikum” [good morning]. As I


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 78
reflect on the Human Rights Day that has passed, and the
personal sacrifices that so many people made in pursuit of
South Africa’s freedom, I realised that we are not short of
courage in this beautiful land. It exists in every family,
community, village and town. Yesterday’s celebration of the
Human Rights Day was a bit sweet one for many South Africans.
Hon Chairperson, for a long time South Africa had set to avoid
the political chaos that preyed many African countries in the
postcolonial era. However, that exceptionalism came at a cost.
It allowed the ruling ANC party the liberty to indulge in
profound denialism and created a narrative of stead progress
even as corruption engulfed its ranks and its government
continues to fail on delivering basic services to the poor.
It is hardly a surprise that more than a quarter of
municipalities are nearly bankrupt and state-owned entities
are struggling due to corruption and poor governance. What is
more concerning is that billions of rands allocated to the
COVID-19 response and relief efforts were plundered through
dubious procurement practices. Citizens understandably are
livid and anger is pouring out into the streets.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 79
We find that under the leadership of our current national
government work opportunities are far and few between within
estimated 56 million South Africans living below the poverty
line according to the World Bank report. Currently,
9,9 million people do not have jobs. They have given up hope
of finding a job. In order to address the pandemics of
unemployment, poverty and gender-based violence, amongst
others, we need a capable state.
In the Western Cape we do things differently. Under the
leadership of Premier Alan Winde the Western Cape government
adopted a recovery plan last year in promotion of the rights
and dignity of citizens living in the Western Cape. Working
day to day to address the COVID-10 pandemic and doing our best
to keep our residents safe from its devastation, we quickly
concluded that we needed a responsive plan. Consequently, we
formed new partnerships with civil society in the wake of the
myriads of negative impacts of COVID-19 and appreciated a new
importance of partnership, especially public-private
partnership.
We came to the conclusion that our strategy was as valid as
before. Malnutrition in the province existed before COVID-19
only it is now more severe and requires even more of our


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 80
focus. Unemployment was always a challenge. We were determined
to confront and we are now having greater determination. Crime
and violence were intolerably high and needed to be tackled.
With expectation that it is going to become worse, we are even
more determined than ever to address it head-on.
This plan is a recognition of and the response to these
pandemics. It identifies the problems that require an urgent
whole of society response in order to create jobs, faster safe
communities and promote the wellbeing of the residents of the
Western Cape. It is being pursued with the same energy and
collaborative approach that created the coalition that came
together to fight the dreaded coronavirus. The recovery plan
is based on four equally important themes. The first theme
being COVID-19 recovery as the pandemic is still with us. Our
second theme is safety. This is the overarching theme for the
provincial strategic plan and it is equally relevant going
forward as it is indestructibly linked with wellbeing. Safety
cannot be achieved if basic human needs are not met.
When we set out to implement the Western Cape government
safety plan with both boots on the ground was the only one of
the plans. We of course need more law enforcement officers in
crime hot spots especially given the national government’s


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 81
under resourcing the province. But we also need violence
prevention interventions that prevent violent crime from
happening in the first place. We are the only province to
establish a violence prevention unit within the Department of
Health which provides evidence that is database to support our
efforts to fight crime in the Western Cape.
The third component of our recovery plan is jobs and economic
recovery. The economic impact of COVID-19 has been severe. We
can only recover if our economic growth and its citizens are
able to generate and income. The significant job losses during
the pandemic has meant that this genetic balance has been
damaged and many other areas that determine progress has
worsened because of it.
During Premier Winde’s state of the province address he quoted
the following:
Our single biggest priority in the year ahead must to be
to create an environment where private sector creates
jobs and lots of them. We must fight back against our
pandemic of joblessness because a job puts food on the
table, a job keeps a child in school, a job keeps a young


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 82
man off the streets and out of the gang and a job can
mean a happier, healthier and longer life for you.
The Western Cape government has prioritised infrastructure-led
job employment over the Medium-Term Expenditure Framework,
MTEF, which will inform the basis of tackling safety and
improving the wellbeing of citizens of the Western Cape.
Our fourth component of our recovery plan is that of
wellbeing. The government must ensure that the basic human
needs of its citizens are realised as guaranteed in the
Constitution. A concept that is central to the above four
themes is dignity. The citizen is at the centre of everything
that we do as government, that we deliver and how we deliver
it. We must uphold the dignity of every individual household
and for members of the community. The wellbeing and dignity
work stream has established within various working groups and
in the interest of time I will mention just a few of the key
ones. We have established a gender-based violence work stream
to address the scourge of gender-based violence that has
spiral out of control as the justice system fail many victims.
We saw the debacle with the DNA, we see a rape kits or a lack
of rape kits at police stations and so I can continue.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 83
We have established a provincial faith-based forum which plays
an integral in connecting our whole of society approach. We
have established a dedicated youth forum to focus on the needs
of youth and especially the needs of the youth not yet in
employment.
To address poverty and malnutrition we have established a
working group that focuses on nourish to flourish. This
working group is led by the Department of Agriculture. It
works very closely with the economic development partnership,
EDP, which is led by Professor Andrew Boraine. That is the
Western Cape food forum. The food forum embraces all of the
civil society and is the connect between government and civil
society.
Food and nutrition insecurity are growing threats to our
democracy. The NOTcam findings have shown that increase levels
of household food insecurity that began with COVID-19 are
likely to persist over the medium-term. Whilst hunger is the
symptoms of the jobs crisis, malnutrition and poverty can’t be
solved without addressing the food system and how it is shaped
by other key systems. In our dignity and well grew are being
work group, the food forum acts as the link. They meet every


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 84
second week. They have launched a new slitter. We have engaged
key ...
In an effort to conclude, I would like to address the hon
Minister through you Chair and all hon members on the platform
to say that to address the basic needs as enshrined in the
Constitution we must act swiftly and decisively to address
corruption because it is corruption that is depriving our
citizens of their basic rights as enshrined in our
Constitution. I thank you.
Cllr F MABOA-BOLTMAN (Salga): Thank you very much, hon W
Ngwenya, for the opportunity, let me quickly get to my speech
here. Hon Chairperson, Baba uMasondo and hon Deputy
Chairperson of the NCOP, hon Mme Sylvia Lucas, the hon
Minister R Lamola, the hon Chief Whip of the NCOP, hon MECs
and delegates from all provinces, hon House Chairperson
Committee and Oversights, hon House Chairpersons, members,
support and IR, hon permanent delegates, hon special
delegates, and fellow South Africans, good day. Salga
appreciates the genesis to freedom and attainment of democracy
in South Africa. Through many mechanisms and for this day’s
purpose, I would site peaceful resistance in a form of
protests, marches and demonstrations with masses mobilised


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 85
into action by lived experiences daily from an unjust
apartheid system that terrorised them and undermined their
very fundamental human rights and dignity. The hallmark of
such was the Sharpeville massacre on the 21 March 1960 that
saw 69 people, including women and children murdered in cold
blood and 180 of them wounded. They were unarmed and
defenceless. This because of a simple, peaceful demonstration
for a free movement in the country of their birth in protest
of compulsory carrying of ...
IsiZulu:
... amapasi. Ngithanda uma niyibiza kanjalo, amapasi.
English:
The Human Rights month is commemorated to remind South
Africans about the sacrifices companied the struggle for the
attainment of democracy in South Africa. We reinforce our
commitment to the Bill of Rights as enshrined in our
Constitution, guided by the theme for Human Rights Day of
2022, the freedom of movement and residence. These rights,
Chairperson, Mme Ngwenya, includes equality. Everyone is equal
before the law and has the rights to equal protection and
benefit of the law. Human dignity - everyone has inherited
dignity and have their dignity respected and protected.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 86
Freedom of movement and residence - everyone has a right to
freedom of movement and to reside anywhere in the country.
Language and culture – everyone has a right to use the
language and to participate in the cultural life of their
choice. I have heard earlier someone was reading a speech and
at the end of that speech she spoke in Afrikaans and I mean
that is also the right.
Life - everyone has a right to life. Whether we are at the
workplace within the committees, at school or with our
partners and children, we all need to demonstrate the kind of
responsibility that we would like to see in our country’s
future.
We need to intensify the implementation of these progressive
policies in order to achieve the ultimate objectives of
genuine socioeconomic transformation. The government has
identified the triple challenges of poverty, inequality and
unemployment as a militating and aid against the improvement
and upliftment of the lives of our people for the better. The
fact that many people, especially young people in the group of
the historical disadvantaged communities remain unemployed and
therefore not active in the mainstream economy is a serious
indictment of our political system currently. We need to


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 87
ensure that the country’s economy can embrace the diversity of
skills and the competencies that our people possesses.
We call on all South Africans to use the Human Rights month to
foster greater social cohesion, nation-building and a shared
national identity. It is our duty as a nation to strive for an
inclusive socioeconomic development while ensuring that we
combat scourges such as racism, racial discrimination,
xenophobia and all related intolerances as well as gender-
based violence and femicide, which are undermining our human
rights culture. Gender equality is a fundamental human right
that we should never fail to emphasise. That women’s rights
are human rights.
Sustainable development goal No 5: Gender equality - it says
achieve gender equality and empower all women and girls
enjoins all of us to account for the achievement of the all
indicators for the achievement of this goal. Hon Chairperson,
as guided by the House topic for today: The right equality
reducing poverty and inequality. We should all accept that
there can be no proper enjoyment of freedom and human dignity
while some in our population are ravaged by poverty brought
about the inequality, distribution of economic resources of
our country. We have opulence side by side, the worst form of


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 88
lack and abject poverty. We need to find better ways to spread
resources and rescue our people from the inhuman conditions
under which they live.
Chairperson, it is our duty as government in partnership with
the private sector to double our efforts and bring about
conditions for an inclusive economy and reduced social
equality gap. The social package that is composed of
government support to deserving citizens, inclusive of the
social security grants for the elderly, the people with
disability, the children, the unemployed, the military
veterans, the free access to health care services inclusive of
the maternity pre and post-natal care, the free education
system - many have touched on the education system -from
preprimary to matric, support in tertiary education through
NESFAS, the Expanded Public Works Programs, the internship and
exposure to work support programmes, the access to free basic
services to indigent households, Salga believes that all this
work close to inequality gap.
In the local government space, we continue to deal with
challenges of migration, internally to cities, resulting in
rural areas getting lower funding allocations relative to the
population size, with the same population migrating homes


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 89
during holidays and demanding services from the
municipalities. A funding allocation to a local government
sphere remains a challenge with an expectation of revenue
generation that is not happening as anticipated.
Chairperson, the migration management across the international
borders also brings similar challenges where unregistered
immigrants flood cities and communities and results in
pressures on the delivery of basic services. We remain
committed to work through all intergovernmental relations
platforms, to tackle these challenges and bring about
solutions to close the inequality gap and reduce poverty, of
cause.
The DDM one sector plans are a vehicle to pull in all
government resources together to deliver to the needs of our
communities. Our strategic focus as Salga for the next five
years is driven from the following six pillars or six
priorities: The first one is people centred governance,
innovation solutions, reputable local government, effective,
engaged networks, inclusive social, economic returns and the
last one a developmental local government for global
competitiveness. We wish you all South Africans a happy Human
Rights month. Thank you, hon Chairperson. I thank you.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 90
Mr M A P DE BRUYN: Hon Chair, Human Rights Day 2022 was an
insult to the citizens of a large part of the free state,
especially in the Mangaung metro were citizens was and still
are without water going for 5 days’ now, undermining their
basic Human right to have access to clean water. In the
Kopanong municipality water has been restricted to 30% for the
past 9 weeks, leaving most of the community without any water
due to non-payment from the municipality to the water board.
In Dewetsdorp, the community is constantly struggling with
water supply for more than seven years already and counts
themselves lucky if there is water for more than two straight
days. Clearly this is an insult to basic human rights. If we
look at the of the Human Rights Act that states that everyone
has the right to a clean and safe environment, one can’t help
but wonder how this Act is interpreted by government. It must
obviously be misunderstood, if we look at millions of litres
of raw sewage running down our streets and into our rivers and
streams all across South Africa, polluting and destroying our
environment for the next generations.
As far as safety is concerned, we all know the state of crime
in South Africa where murder, rape and violent crimes have
become the order of the day, and part of our day to day


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 91
living, as a result of a poor and nonfunctional police
service.
Afrikaans:
In plaas daarvan om Menseregte Dag as ’n politiese speelbal te
gebruik het, sou ons graag eerder wou sien en hoor hoe die
ANC-regering van plan is om hierdie probleme aan te spreek en
te verseker dat basiese dienste gelewer word, sodat almal in
Suid-Africa hul basiese regte kan geniet. Soos ouder gewoonte,
verskuif die ANC eerder die fokus weg van hul eie onvermoë om
basiese dienste te lewer en menseregte te bevorder en word
daar op geïsoleerde gevalle in die verlede gefokus, waar
rassehaat eerder bevorder word in plaas van menseregte.
English:
Yesterday, President Ramaphosa used the incident of Skielik,
where a shooting took place by a white man in 2008 as an
attempt to shift the focus from the ANC’s incompetence, and to
create racial tension in South Africa, instead of addressing
the issues and shortcoming of government, to ensure that all
in South Africa can one day enjoy basic human rights.
I would like to say to the President and to the ANC that
living and hiding behind the past will get you nowhere.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 92
Blaming the past for your incompetence will get you nowhere
and fuelling racial tension to hide your inability to govern
South Africa will get you nowhere, but instead makes you a
racist.
Human Rights Day 2022 was a reminder to all South Africans
that we unfortunately do not have the luxury to enjoy basic
human rights in South Africa. It was a reminder that
government and the ANC, as usual, put their own needs and
agendas before the needs of the people. It was a reminder that
we have a government that prefers living in the past, instead
of creating a future and most all, it was a reminder that no
South African will truly have the pleasures of human rights as
long as the ANC governs. Thank you.
Mr M NHANHA: Hon Chairperson, hon Minister, hon members and
fellow South Africans, colleagues, freedom was not free. Many
South Africans lost their lives and limbs for me to enjoy the
fruits of their sacrifices. I have no doubt in my mind that
all those who paid with their lives are now turning in the
graves for what our country has become.
Neither effort nor energy must be spared in honouring them.
Statues, memorial gardens and hero acres can never be enough.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 93
We must honour them by providing basic human rights such as
clean water to those they bequeathed freedom.
Our daily deeds as ordinary South Africans must produce an
actual South African reality that will reinforce humanity’s
belief in justice, strengthen its confidence in the nobility
of the human soul and sustain all our hopes for a glorious
life for all. Never, never and never shall it be that this
beautiful land will again experience the oppression of one by
another, and suffer the indignity of being the skunk of the
world.
This is Nelson Mandela’s words during his inaugural address as
President of a democratic South Africa.
As the country, we need to have a hard and honest look at
ourselves, as to whether we have not become the skunk
President Mandela warned about.
As we all probably know, and a lot of speakers before me have
spoken at length about the origins of Human Rights Day.
Indeed, this day came about as a result of a massacre in
Sharpeville in 1960. However, we must never forget the Langa
massacre outside Uitenhage in the Eastern Cape on 21 March


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 94
1985, in which 35 mourners were killed by the apartheid police
and 27 others were left wounded.
As part of Human Rights Day celebrations, yesterday, I spent
time in a tiny town of Qumrha in the Eastern Cape. There was
an event that close to 150 people attended. I spoke to one, Ms
Thobeka Matanga. She told me, she was initially reluctant to
attend our event, because she has lost hope, she has given up,
she thinks the governing party has forgotten them.
By her own admission, she is not a DA voter but decided to
attend our event because she has heard that, where the DA
governs, it gets the job done.
The sad story of Thobeka and many of her neighbours in Qumrha
dates back to more than eight years, when their taps went dry.
They are now at the mercy of Amathole District Municipality
and now and then they cart water by trucks to their township,
but this service is not consistent and they spend most of the
time without water.
It is an open secret in that area, that owners of these trucks
are in the high echelons of the ANC in the region. And this
explains why Amathole District Municipality has chosen a more


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 95
expensive option of providing water to this community, rather
than drawing water by a pipeline from the great Kei River,
which is a few kilometres away.
So, for Thobeka and many others in her neighbourhood, Human
Rights Day meant nothing. Hon Madlopha, in the struggle, there
were many players and formations, such as the Progressive
Party, which is a predecessor of the DA, which had a lone
ranger in Parliament – Mrs Helen Suzman. She fought tooth and
nail for the release of Nelson Mandela and other political
prisoners. At least, at the very most, she deserves an
acknowledgement.
Hon Madlopha, you should be ashamed of yourself. You were
probably not told that this session will be carried on five
platforms. For you to stand in front of us and defend job
corruption in the City of Johannesburg is shameful. You know
your co-staff in your office are on a fixed term. Should ...
[Inaudible.] ... decides to fire you, as I think she should,
you will go with your staff. Therefore, you cannot convert
jobs on a fixed contract for people who have not even gone
through interviews. It is called job corruption. I don’t wish
to see her again in this House.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 96
Mahlangu, your speech for once today hit all the right notes
and I give credit to the person who wrote your speech, but
remember, you kept on saying that we need the private sector
to invest so that we can create jobs. No, private capital can
invest their money in an unstable environment. There has to be
policy certainty for them to invest their money. As long as
they are talking about taking land without paying back the
owner of the land, forget that private capital will invest
their money. I thank you.
Mr A J NYAMBI: House Chairperson, hon Chairperson of the NCOP,
hon Minister, MECs from our respective provinces, hon members,
ladies and gentlemen, hon Nhanha, it is a fact that our
government led by the ANC has done a lot in reducing poverty
and inequality. But be that as it may, we all agree that there
is still a lot to be done.
Hon Nhanha, a brotherly and a comradely advice, if we are in a
debate like this one, just play the ball and not the man.
Hon Chairperson, 21 March 1960, is a painful reminder of the
brutality of the apartheid system against black people in
general and Africans in particular. It also reminds us of the
resilient struggles wagged by black people against apartheid


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 97
and colonialism for the freedom and democracy we enjoy today,
as correctly said by hon Minister Lamola when he was opening
the debate.
Just five years before the Sharpeville and Langa massacre, on
26 June 1955, the people of South Africa from all walks of
life gathered in Kliptown Johannesburg, to formulate a
blueprint document for a democratic South Africa, the Freedom
Charter. The ANC-led democratic government is determined in
the implementation of the Freedom Charter. The Freedom Charter
declare that and I quote:
All National Groups Shall Have Equal Rights! All Shall Be
Equal Before the Law! There Shall Be Houses, Security and
Comfort! The Land Shall Be Shared Among Those Who Work It!
The Doors of Learning and of Culture Shall Be Opened!
House Chairperson, when the ANC came into power in 1994, we
ensured that the aspirations of our people expressed in the
Freedom Charter find expression in the government policy. The
Bill of Right in our democratic Constitution play a central
role in ensuring that we deliver on the commitment of the
Freedom Charter.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 98
Our democratic government takes the provision of the basic
services as a human right for all our people. We have done a
lot in 28-years since we came to power to redress the
imbalances of the past. No one can dispute that fact. Of
course, there are some challenges.
No one can dispute the fact that the democratic government has
been able to roll out in a massive scale the provision of
basic services to our people. It is a fact that this ANC-led
government has provided over five million free Reconstruction
and Development Plan, RDP, houses to South Africans through
who do not afford to own a house. The beneficiaries of these
free RDP houses are also entitled to free basic electricity.
This ANC-led government has ensured that our people had access
to water services. Today, our people have water and of course,
there are some challenges in the comfort of their homes for
those living in the rural areas. While we have ensured that
for rural communities, water is accessed within the 200metres
radius, this government’s actions are informed by the
commitment of the very same Freedom Charter I have alluded to.
Hon Chairperson, the struggle against colonialism and
apartheid was not only about the brutality of the system, but


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 99
also about the oppressive and discriminatory laws such as
Group Areas Act.
It matters where people live and work. Hon MEC from the
Western Cape, let me use the Western Cape, the Mother City as
an example. People who live in Khayelitsha working in Cape
Town Central Business District, CBD, travel more than 30km to
and from work every day. The cost of public transport for
those taking the minibus taxi is R21,00 per trip. Meaning that
it is R48 per day equal to R924 per month. The amount could be
up if employees work during weekends. This is too much for
people who are working in the low paying jobs, such as
cashiers at Shoprite.
For example, an average salary wage for a cashier at Shoprite
is R750 per week, which is less than the minimum wage set by
our government. Almost 40% of the salary is spent on transport
leaving the employee with little in cash.
The cost of public transport is a barrier to job seekers. It
discourages people to seek for work. As things stand, the
Mother City is not a mother to all her children as you claim.
As this government, we must ensure that we address the spatial
inequalities to reduce the poverty and inequality. And we must


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 100
ensure that people live in close proximity to their places of
work. The hon Minister tried to deal with this fact.
Hon House Chair, the high levels of poverty and inequality are
a barrier to economic development and economic growth. Poverty
and inequality for black majority was deliberately created by
the colonial and apartheid government successive policies, as
today you are failing to understand that, hon Nhanha and hon
De Bruyn.
It was the spatial government policies that created inequality
access to education between the blacks and whites. It was its
policies which ensures that there are few health care services
in areas where black people resides. It was through job
reservations that excluded black people from job opportunities
because they were reserved for white people, as hon Fernandez,
hon Nhanha, and hon De Bruyn are struggling to understand
these simple facts.
Today, we have people who through the apartheid government
exclusionary policies live in poverty. Most of them are
uneducated, others have never worked and are dependent on
government social protection services for their livelihoods.
These people were deliberately excluded to acquire quality


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 101
education to enable them to participate in the job market as
correctly explained by the Minister when opening the debate.
Hon members, people affected by poverty at the most are young
people and women. President Ramaphosa dealt with this issue in
his state of the nation address and the Minister dealt with it
today. One such intervention is the Presidential Employment
Stimulus Programme, that has created more than 850 000 job
opportunities since its inception in 2020, and 80% of the
beneficiaries in the programme were young people. Women
constituted 60% of all those employed in the programme. Why
can’t you acknowledge that hon members so that you can be seen
that you are dealing with facts and not just distortion for
political ends.
Furthermore, through the SA Youth Mobi platform, our
government has assisted more than 600 000 with job placement.
Women are the backbone of our communities are at the forefront
in addressing poverty and hunger in their communities. Many of
the community based organisations are led and populated by
women. Having recognised that, our government is committed in
creating 50 000 job opportunities through the Social
Employment Fund. As the NCOP we will be watching that doing
effective oversight.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 102
We want to reiterate that creating jobs is not the sole
responsibility of government but also the private sector needs
to play its role as well. This is why our government is
revising the Employment Tax Incentive Scheme, to ensure that
it is accessible to small medium and micro enterprises, who
are the drivers of economic growth and employment in our
country. The ANC-led government is committed in reducing
poverty and inequality in our society. When people are self-
sufficient they are able to asset and exercise their
democratic rights.
Hon members, the democratic government is committed in
narrowing the inequality and the poverty gap in our society.
Through the provision in the social wage spending in
education, health and social development, we are confident as
government that we will reduce poverty and inequality in our
society. The founding President of our democratic society
ntate Nelson Mandela once said and I quote:
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. It is what we


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 103
make out of what we have, not what we are given, that
separates one person from another.
That is why you and me hon Nhanha we are beneficiaries of that
and we are members of this beautiful House called the NCOP.
Through the commitments we made in the Freedom Charter that
the doors of learning and culture shall remain open,
government has committed an amount of R36 billion towards the
free higher education. Quality education and skills
development enables people to participate in the economy
meaningfully. It is through acquiring new skills that drive
the emergence of new industries which then lead to increased
employment, - and poverty and inequality is reduced in our
society.
The government is committed in the provision of quality health
care. That is why an amount of R3 billion has been allocated
to absolve medical interns and community service doctors. It
is our belief that through the implementation of the National
Health Insurance, we will achieve the quality health care
services in our society.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 104
It is through government’s concerted efforts in partnership
with social partners will be possible to address the high
level of poverty and inequality in our society. Hon Nhanha,
hon De Bruyn and hon MEC Fernandez, to know what you and what
you don’t know is called knowledge. To know what you know and
what you don’t know is true knowledge.
It is clear that when hon Minister was opening you were not
listening or you decided to focus on what was prepared for
you. Because if you were listening to the Minister when we he
was opening the debate today acknowledging some challenges of
course touching achievements of government and a number of
speeches said by hon members, you only focus on that paragraph
by hon Mahlangu, of which I commend you for that for giving
credit where it is due. But a brotherly and hon advice in
future is that you should listen when the debate is being open
so that you are not out of context but we are in sync with
what we are debating.
In conclusion, allow me to say we are going to continue to
make strides in ensuring that our commitments in the Freedom
Charter are realised. And poverty and inequality is reduced.
It is a fact that our government has done a lot in reducing


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 105
poverty and inequality. But be that as it may, we say much
more still need to be done.
Hon Minister, maybe in the future you have to organise an
Imbizo, we will avail all members of the NCOP to understand
why it is always relevant to share the challenges of the past
in dealing with issues that are facing us today. You are not
shying from corruption, you led from the front, you talk about
the steps that are being taken by government to fight
corruption. And now an impression is being created that the
ANC is not going to fight corruption.
Hon Chief Whip, once again, thanks for making such an
important debate and allowing us to engage and share and
celebrate people that contributed. We want to thank all
martyrs who never even live to see the democracy we are
enjoying today. But it is out of their tireless efforts that
today some of us from these deep rural areas we are able to
debate. And also out of what has been done by the government
we are able to debate on the virtual platform. Thank you very
much.
The MINISTER OF JUSTICE AND CORRECTIONAL SERVICES: House
Chairperson, we welcome the constructive inputs from some of


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 106
the hon members. It is unfortunate that the opposition
parties, the coalition of the EFF, the DA and the FF Plus
chose to use this platform for electioneering and not to deal
with the day to day human rights issues affecting the people
of our country. There would a time for electioneering in the
2024 general elections. And we’ve just finished now a process
of electioneering with the local elections.
Now the people of this country they expect us to deliver
services, they expect us to continue protect their rights,
which is unfortunate that this coalition of these three
organizations, every platform they get, they use it to
proclaim that the ANC is going to be out of power in 2024.
They must not speak on behalf of the people of South Africa.
The people of South Africa, they will be to speak for
themselves through the ballot when they go and vote in 2024.
For the opposition and for ourselves now, is to build the
country that responds to the economic challenges and to the
human rights issues of our people as we speak now and as we
are here to deal with them.
And I think hon Nyambi has responded to a number of issues. I
would just like to use this opportunity to condemn the attack
of Ugogo Mahlangu by an unknown assailant at night. Attacking


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 107
a vulnerable woman who is an international artist icon for our
country. It’s an unfortunate incident and the police must be
able to hunt and apprehend whoever is a perpetrator. And the
law must take its course, a clear message must be sent to the
people of this country, that we all have a responsibility to
protect, nurture and ensure that the vulnerable and the
elderly have got the safe place of living in our country.
And we want to wish a speedy recovery to Ugogo Mahlangu and
also convey to her that the government of this country is with
her and we call upon the police to do everything possible to
apprehend and ensure that justice is served on this matter. So
that the people of this country must be able to see that they
can feel safe in our country.
And, also to state that employment of people through due
processes is not corruption. The Federal Council of the DA –
it was proven in the last state of the nation address, a
letter was written to the Stellenbosch Municipality, where the
federal council was deploying, so I am shock that hon Nhanha
is calling that to be corruption. If that is corruption, then
we must first arrest that federal council for wanting to
capture the Stellenbosch Municipality.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 108
But, deployment it’s an acceptable way of governing by any
governing party. And the President when he presented to the
Zondo Commission, he even referenced to the Organisation for
Economic Cooperation and Development, OECD, paper that clearly
states that in all developing nations in the world - even the
most advanced democracies developed, the issue of cadre
deployment or the issue of deployment committee or policies is
available to any governing party. It happens in the United
States, it happens in England, in any advanced democracy, it
does happen.
And, as we speak what the DA is doing in the City of
Johannesburg is to purge people what they believe do not
belong to their organization. And as the ANC government we are
clear that all South Africans, capable, who have gone through
due processes must be employed irrespective of political
affiliation, irrespective of race or colour or creed.
It’s unfortunate that in the Western Cape, as a MEC Fernandez
was speaking - as we speak now people are being killed in the
townships, Khayelitsha, in Langa and most of the townships
there. Because, the DA-led government is only protecting the
affluent suburbs and only those that they belief are people of
the affiliation to the DA. They do not have any plans to help


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 109
and ensure that even in Khayelitsha, in Langa, in all the
townships of Western Cape ...[Interjection.]
The HOUSE CHAIRPERSON (Ms W Ngwenya): As you conclude hon
Minister.
The MINISTER OF JUSTICE AND CORRECTIONAL SERVICES: ... in all
the town of the Western Cape, there is fair policing which is
not racially biased but is for the people of all the Western
Cape. House Chairperson, in closing thank you very much for
the constructive engagement and let’s all put our hands
together to work for all South African. Thank you very much.
[Applause.]
The HOUSE CHAIRPERSON (Ms W Ngwenya): Hon members and hon
delegates, I would like to thank all the members that have
participated and thank you the ... [Inaudible.] ... thanks
Chief Whip. Hon delegates, we shall now proceed to the order
of the day.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON CO-OPERATIVE
GOVERNANCE AND TRADITIONAL AFFAIRS, WATER AND SANITATION AND
HUMAN SETTLEMENTS TO UMHLATHUZE WATER BOARD, DATED 15 MARCH
2022


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 110
Mr T S C DODOVU: Thank you, hon Chairperson and hon members of
this House. I have an honour and privilege ...
The HOUSE CHAIRPERSON (Ms W Ngwenya): I can see you, but I
can’t hear you.
Mr T S C DODOVU: Can you hear me now, House Chair?
The HOUSE CHAIRPERSON (Ms W Ngwenya): Now I can hear you.
Mr T S C DODOVU: Okay. Thank you very much hon Chairperson and
hon members of this House. I have an honour and privilege to
present on behalf of the Select Committee on Co-operative
Governance and Traditional Affairs, Water and Sanitation and
Human Settlements. A statement on the directive in terms of
section 63 of the Water Service Act 108 of 1997 on the
uMhlathuze Water Board. As I present this statement, we know
that today, 22 March is World Water Day.
Since 1993 on this day, the world celebrate water and raises
awareness of more than 2 billion people living without access
to safe water. The World Water Day is an annual United Nations
observance day to highlights the importance of fresh water.
The day is used to advocate for the sustainable management of


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 111
fresh water resources. The theme of each day focuses on topics
relevant to clean water, sanitation and hygiene, which is in
line with the targets of Sustainable Development Goal 6, and
on this day, the United Nations Water Development Report is
released each year around World Water Day.
Hon Chairperson, on 11 March 2022, the select committee had a
virtual meeting, an engagement with the Minister, Deputy
Minister and senior officials of the Department of Water and
Sanitation. This engagement was informed by the directive ...
[Inaudible.] ... in terms of section 63 of the Water Services
Act 108 of 1997 to uMhlathuze Water and subsequent referral to
the select committee in terms of Rule 101 for consideration
and reporting.
The main objective of engagements was to accord the political
leadership of the Department of Water and Sanitation an
opportunity to inform members of the select committee on the
legislative procedural and substantive matters relating to the
directive. During the engagement with the Department of Water
and Sanitation, the select committee has noted that the
substantive matters relating to the directives centred around
the constitutional and legislative failure of uMkhanyakude
District Municipality, to provide water and sanitation to the


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 112
local communities. The select committee has also recorded the
ineffective performance of the water service authority, the
non-adherence to norms and standards, and the fact that 61% of
the population in the uMkhanyakude District Municipality still
receives water via community standpipes.
We all know that water and sanitation are part of the people’s
constitutional rights and cannot be justifiable and morally
right that the district munuciplaity as one of the organs of
the developmental state is dismally failing to effectively and
efficiently provide this constitutional imperative to the
people of the district. Water as service delivery is a
constitutional right to our communities and the provision of
sanitation is a dignity to our people. As Members of
Parliament, we have a constitutional obligation to ensure that
executive accountability and robustly perform our oversight of
service delivery irrespective of our political persuasions and
parties.
During our deliberations on 11 March, as committee members we
have noted the following observations. In terms of the
legislative requirements, the Minister of Water and Sanitation
has issued and communicated the directive to uMkhanyakude
District Municipality and tabled a notice of directives to the


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 113
Chairperson of the NCOP and the Minister of Co-operative
Governance and Traditional Affairs on 24 February 2022. The
Department of Water and Sanitation issued a directive in terms
of section 63 of the Water Service Act in order to underpay
management and operations, as well as maintenance of water and
sanitation infrastructure at the uMkhanyakude District
Municipality.
The Minister of Water and Sanitation has also tabled a notice
of intention to take over water and sanitation services for a
period not exceeding five years, while simultaneously
assisting the municipality to build the capacity to manage
water and sanitation in the area. The Minister of Co-operative
Governance and Traditional Affairs in KwaZulu-Natal had
invoked section 139(1)(b) of the Constitution at uMkhanyakude
District Municipality in February 2021. This provincial
intervention was due to poor performance in respect of
maintenance and operations of water and sanitation
infrastructure, that even provision of water services to
communities and project delays to prolong the processes and
possible fraud and corruption. The situation has not improved
since the invocation and implementation of section 139 of the
Constitution intervention.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 114
The objective of this directive, in terms of section 63 of the
Water Services Act, was a complete restoration of a defective
water services functions of the municipality. The Director-
General of the Water and Sanitation department has been
mandated to appoint a technical team composed of officials of
the uMhlathuze Water. The Department of Water and Sanitation,
Water Services Authority and the provincial department of co-
operative governance and traditional affairs are to assess
progress of intervention and provide regular updates.
We must also note that and welcome the recovery implementation
programme of the Department of Water and Sanitation, which
focusses on institutional arrangements, operations and
maintenance, technical services, estimated timelines in
building sustainable capacity and capability. We lastly
observed that uMkhanyakude District Municipality has
communicated to the Department of Water and Sanitation an
intention to declare a dispute in terms of section 42 of the
Intergovernmental Relations Framework Act.
As a collective, members of our select committee have
unanimously agreed on the following recommendations for
approval by this House. The NCOP approved a directive in
uMkhanyakude District Municipality in terms of section 63 of


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 115
the of Water Services Act not for the period exceeding five
years. The Minister of Co-operative Governance and Traditional
Affairs and the Minister of Water and Sanitation should in the
spirit of co-operative governance ensure the deployment of
qualified, skilled and competent officials in the
implementation of the directive in the district municipality.
Both Ministers of the departments should ensure participation
of sector departments in the implementation of the directive
in the uMkhanyakude District Municipality.
The Minister of Water and Sanitation should table quarterly
and yearly progress reports to the NCOP on the implementation
of the directive in terms of section 63 of the of Water
Services Act. The Department of Water and Sanitation should
fast-track the process of business planning and costing and
align the required resources with the annual performance plan
and budget allocation in order to ensure effective
implementation of the intervention in terms of section 63 of
the of Water Services Act in the district.
Lastly, that our select committee in collaboration and co-
operation with the relevant portfolio committee in the
KwaZulu-Natal provincial legislature should conduct a
proactive oversight visit to uMkhanyakude District


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 116
Municipality in order to monitor progress in respect of the
implementation of the directive ... [Interjections.] ... in
terms of section 63 of the of Water Services Act and section
139(1)(b) of the Constitution. Thank you very much, hon House
Chairperson.
Debate concluded.
Question put: That the Report be adopted.
Declaration of vote:
Ms C LABUSCHAGNE: Thank you, Chairperson. Hon Chair, can I
continue?
The HOUSE CHAIRPERSON (Ms W Ngwenya): Yes, ma’am.
Ms C LABUSCHAGNE: Okay. Let me just get my documents. Hon
Chair, the DA herewith confirms the recognition in the
National Water Act that water of South Africa belongs to the
people of South Africa of which all spheres of governments was
ensured that water supply services must be provided in a
manner which is efficient, equitable, sustainable and within a
quality of the allowed regulations for potable water. It is to
be understood and practised that water means life, a


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 117
constitutional obligation, a human right that a basic human
needs without no life is possible.
If any sphere of government violates within their mandate of
authority, any provision on the constitutional human right,
they should be held accountable and face the full might of the
law. The inhumanely failure of poor maintenance and operations
of board and its indication infrastructure, the uneven
provision of services to communities and delayed projects
requires implementation of strict consequence management.
Those implicated in this failure, is a sin against the people
of UMhlathuze.
In a development mental state, all spheres of government
entrusted and the authorities to provide similar services,
should continuously be monitored by the Minister of Water and
Sanitation, as the custodian of water of South Africa,
demanding accountability of every spheres of government to
comply within the set objectives all over South Africa. The
Western Cape supports the directive in terms of section 63 of
the Water Service Act of 1997 to UMhlathuze Water Board, dated
15 march 2022. Thank you.


 
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 22 MARCH 2022
Page: 118
The HOUSE CHAIRPERSON (Ms W Ngwenya): Thank you very much, hon
Labuschagne. Hon members, we shall now proceed to the voting
on the question, and the question is that the report be
adopted. I will call upon the provinces to cast their vote,
when called upon heads of the delegations must indicate
whether they vote in favour, against or abstain.
[Take in from Minutes.]
The HOUSE CHAIRPERSON (Ms W Ngwenya): Hon members, eight
provinces have been supported, and I will now close the
voting. Hon members, a number of the provinces voted in
favour. I therefore declare the report agreed to in accordance
with section 65 of the Constitution. Hon delegates, that
concludes the business of the day. I wish to thank the
Ministers. ... [Interjections.]
The Council adjourned at 13:12.


Audio

No related