Hansard: NCOP: Unrevised hansard
House: National Council of Provinces
Date of Meeting: 09 Nov 2023
Summary
No summary available.
Minutes
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
THURSDAY, 9 NOVEMBER 2023
PROCEEDINGS OF VIRTUAL (OR HYBRID) NATIONAL COUNCIL OF PROVINCES
Watch here: Plenary
The Council met at 14:00.
The Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.
The Chairperson announced that the hybrid sitting constituted a sitting of the National Council of Provinces.
The Chairperson announced that Hon. Sylvia Lucas, the Deputy Chairperson of the NCOP, would be on sick leave until 20 December 2023, after undergoing a medical procedure.
NOTICES OF MOTION
Mr J J LONDT: Hon Chair, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the DA:
That the Council-
Debates the negative economic impact crime has on our tourism industry and what steps the different spheres of government are taking or should take to protect the industry.
Mr K MOTSAMAI: Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the EFF:
That the Council-
Debates the Springbok emblem, which currently stand as a symbol of Afrikaner supremesie and represent continuously apartheid racist white supremacy.
Mr F J BADENHORST: Chair, point of order.
The CHAIRPERSON OF THE NCOP: Yes.
Mr F J BADENHORST: In the back of our blue book the word racist white is not admitted in this Council. Can that member, please withdraw that.
Ms M O MOKAUSE: No one is going to withdraw anything here. You are racist.
Mr K MOTSAMAI: Chair, if that ... [Inaudible.] ...
Mr F J BADENHORST: Chair, point of order. Point of order, Chair.
Mr K MOTSAMAI: If he feels he is a racist white man because here I am talking about the white racist man. That is written. We know that even Israel is oppressing our people within that
... [Inaudible.] ...
Mr F J BADENHORST: Point of order, Chair.
Mr K MOTSAMAI: So, you must understand. Here I am talking about the racist supremacy white apartheid. [Interjections.] No, is parliamentary. We know that you are from apartheid.
Mr F J BADENHORST: Point of order, Chair.
Mr K MOTSAMAI: We know we are from apartheid. That is a history. [Interjections.]
The CHAIRPERSON OF THE NCOP: You want make objection to what? [Interjections.] No, but that that’s what I had to consider now. Mmoeimang?
Mr K M MMOEIEMANG: I thought the Chair was inviting notices of motion.
Mr F J BADENHORST: Point of order, Chair.
Mr K M MMOEIEMANG: Hon Motsamai is raising a motion without notice.
Mr F J BADENHORST: Can I be recognised, Chair.
The CHAIRPERSON OF THE NCOP: Hon members, is it possible to let the Council note what has been the notice of motion raised by hon Motsamai and that the strong objection and whatever feelings on the issue is a matter that can be deferred to the next meeting. In keeping with the practice, we will then make the ruling known. But for now we defer the issue. Okay.
Mr F J BADENHORST: Point of order, Chair.
The CHAIRPERSON OF THE NCOP: Any other notice of motion? Hon Dangor? On what point are you rising, hon Dangor?
Mr M DANGOR: No, I am moving a notice of a motion on behalf of hon Makeka. Chairperson?
The CHAIRPERSON OF THE NCOP: Yes, we will come back to you. Hon members, we will try and follow the list in front of me. The first one was hon Londt if I am not mistaken. Okay, we are done with that. And then we came to hon Motsamai. Hon Dangor?
Mr M DANGOR. Chairperson, I hereby move without notice on behalf of the ANC:
That the Council-
(1) commends the police for destroying drugs worth R800 million in Johannesburg on Thursday, 26 October 2023; [laughter.]
Sorry, I thought we moved away from that. [Interjections.] But you see, we behave like a king in the garden. So, that’s a bit of a problem.
The CHAIRPERSON OF THE NCOP: Hon Dangor, thank you very much. Hon Rayi?
Mr M I RAYI: Hon Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the ANC:
That the Council-
Debates the strengthening of endeavours that seeks to promote South Africa as one of the preferred investment destination and an essential gateway for markets and other business opportunities throughout the continent.
Thank you, Chair.
Ms B M BARTLETT: Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the ANC:
That the Council-
Debates the call for support for an immediate ceasefire in Gaza in the opening maritme corridors in essential services
to allow much needed aid to reach those who are injured and in need.
Thank you very much.
Ms S B LEHIHI: Chair, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the EFF:
That the Council-
Debates food safety and escalation of poisonous food manufacturing that are not SA Bureau of Standards, SABS, approved.
Mr E M MTHETHWA: Chair, I hereby move on behalf of the ANC that the Council its next sitting debates employment of 3 300 SA National Defence Force members to assist the police in combating illegal mining across the country to prevent and combat the crime and maintain and preserve the law and order in the Republic of South Africa under the operational prosper as a positive step in fighting to eradicate the lawlessness in our country.
ONGOING CRISIS IN SOUTH AFRICA
(Draft Resolution)
Mr J J LONDT: Chair, I move without notice on behalf of the DA:
That this Council—
(1) notes that crime is an ongoing crisis in South Africa affecting all communities;
(2) also notes that throughout South Africa, there are individuals and organized groups that are standing up to take hands with the law enforcement agencies to safeguard their areas against criminal elements;
(3) acknowledges that one such initiative where different spheres of government are taking hands, together with the SAPS, private sector and under the leadership of the Mossel Bay municipality is the Joint Operation Centre that envisages safer society to foster an
enabling environment for business to flourish and help address the unemployment challenges;
(4) also acknowledges that not being a metro, there are several fiscal constraints that require innovative ways to overcome hurdles for the optimal functioning of the command centre and the associated activities;
(5) it is with this in mind that this House extends a special word of appreciation to partners such as MEC Mackenzie for the help in establishing a K9 unit, as well as Mr Sean Ekström for his generous contribution to help safeguard the greater Mossel Bay area; and
(6) to Mayor Dirk Kotze and MMC van Dyk, together with their broader teams, a special word of thanks for going above and beyond to land your grow strategy and ensuring that Mossel Bay is an example and a place of hope.
Motion agreed to in accordance with section 65 of the Constitution.
MEDICATION SHORTAGE IN THE NORTHERN CAPE
(Draft Resolution)
Ms D C CHRISTIANS: Chairperson, I move without notice on behalf of the DA:
That this Council-
(1) acknowledges the critical medication shortages in the Northern Cape, linked to outstanding debt and cashflow constraints within the Health Department;
(2) expresses concern over incidents at the Kimberley mental hospital, where the absence of essential drugs like clozapine led to assaults due to adverse reactions;
(3) also notes the distressing cases of patients experiencing bone marrow suppression due to drug resistant TB drug shortages;
(4) draws attention to the extensive list of out-of- stock medicines, including basics like pain relief, antiretrovirals, antibiotics, and vital vitamins for pregnant women, putting their lives at risk; and
(5) lastly, calls upon the Minister of Health to obtain a comprehensive list of medicine shortages, complete pharmaceutical debt disclosure, and an effective plan to address and prevent these life-threatening medication shortages, from the provincial department for immediate action.
Motion agreed to in accordance with section 65 of the Constitution.
PIET RETIEF HOSPITAL HAS NOT BEEN OFFERING DENTAL SERVICES SINCE 2022
(Draft Resolution)
Ms M DLAMINI: Chairperson, I move without notice on behalf of the EFF:
That this Council-
(1) notes that Piet Retief Hospital in Mkhondo Local Municipality has not been offering dental services since 2022. A period spanning over 3 years;
(2) further notes that when a question was posed to the Minister through the parliamentary internal question responses, the response was that dental services have been halted due to the broken dental chair which had not yet been repaired due to procurement;
(3) acknowledge the importance of dental service care offered by public health care facilities because the presence of problems and oral diseases can damage the general health condition of patients;
(4) further acknowledges that the vast majority of our people depend on dental services offered at public hospitals as they cannot afford private clinics;
(5) recognises that it is completely unacceptable that a chair can take over 3 years to procure. This shows the level of incompetence from the ANC government and the lack of support of hospitals that is getting from this department.
(6) The EFF condemns this lack of seriousness that has a room full of dental equipment that have not been used because of a broken chair.
Not Agreed to.
DR RUTH MOMPATI MUNICIPALITY SPENDS R38 MILLION ON A CHAT BOX “MKHUKHU” CALL CENTER FACILITY
(Draft Resolution)
Ms C VISSER: Hon Chair, I move without notice on behalf of the DA:
That this Council
(1) notes with concern the illegal conduct of Dr Ruth Segomotsi Mompati District Municipality spending R38 million on a chat box mkhukhu coffee shop call
centre facility on contract RDM2020/030A without the consent of the Council with wCyber Solutions for a period of 36 months, and part of a joint venture with Green Droplets projects related to a high-ranking official at the municipality;
(2) further notes that the unauthorised cost of equipment needed to run this chat box mkhukhu coffee shop, is another monthly payment at an inflated cost of
R1,4 million, of which some of the equipment listed on the invoices have not been delivered;
(3) recognises the exorbitant inflated cost of the equipment of a dysfunctional service with a district municipality supposedly to deliver fundamental bulk services they are known to fail;
(4) further recognises that wastewater plants in their jurisdiction are dysfunctional and bulk water supply in their jurisdiction fails to comply within the norms of constitutional human rights to communities and;
(5) encourages the SIU to conduct a forensic audit of criminal intent as accountability needs to be demanded and disciplinary steps taken against the accounting officers;
(6) acknowledges that Dr Ruth Segomotsi Mompati District Municipalities administration illegally and without Councils’ consent, squandered taxpayers’ money by what
seems like an alleged tender mafia operating within the administration, not complying with their constitutional obligations by delivering essential services to people with basic human needs.
Not Agreed to.
TWO SUSPECTS TAKEN INTO CUSTODY FOLLOWING THE MURDER OF MEGAN GRIESSEL
(Draft Resolution)
Ms H S BOSHOFF: Chair, I move without notice on behalf of the DA:
That this Council-
(1) notes that two suspects were taken into custody following the murder of Megan Griessel, a nursery school teacher from Lydenburg on Friday 21 October;
(2) also notes that these two suspects were apprehended through information provided to SAPS by the public;
(3) further notes that one of the suspects was apprehended in Masoyi, a township outside White River and the second suspect was apprehended in Kanyamazane;
(4) acknowledges that both suspects have appeared in the Magistrate’s Court of Lydenburg and Kabokweni respectively and that their cases will again be heard on Tuesday, 7 November 2023 in the Lydenburg magistrates court;
(5) further acknowledges that one of the two suspects who was apprehended in Kanyamazane was in possession of an unlicensed firearm and ammunition; and
(6) finally acknowledges the swift work by the SAPS in Mpumalanga in apprehending these suspects and trusts that their continuous work will lead to the apprehension of the other seven suspects who were involved in the senseless murder of Megan Griessel.
Motion agreed to in accordance with section 65 of the Constitution.
HANDING OVER OF 35 NEW AMBULANCES TO THE EMERGENCY MEDICAL SERVICES BY PREMIER OF LIMPOPO
(Draft Resolution)
Ms M L MAMAREGANE: Hon Chair, I move without notice on behalf of the ANC:
That the Council–
(1) welcomes the handing over of 35 new ambulances to the emergency medical services by the Premier of Limpopo Mr Chupu Stanley Mathabatha, in the Sekhukhune District on 7 November 2023;
(2) notes that this is a significant contribution to enhancing the health care services in the province, delivering timely medical care to patients, ensuring immediate attention, providing vital first aid, stabilising patients and preventing the deterioration of their condition;
(3) also notes that this is in line with the good service by the MEC of Health, Dr Phophi Ramathuba,
in the 2023-24 Budget Vote speech to provide a total of 500 new ambulances;
(4) further notes that the additional districts and emergency medical service stations are in the queue to receive new ambulances in the upcoming batch;
(5) therefore, congratulates the government of Limpopo on the positive work done in improving the health of the people.
Not Agreed to.
POLICE OFFICERS INTERCEPTED A GANG THAT WAS ABOUT TO COMMIT A CASH-IN-TRANSIT ROBBERY IN KWAZULU-NATAL
(Draft Resolution)
Ms S SHAIKH: Chair, I hereby move without notice on behalf of the ANC:
That the Council-
(1) commends the police officers who foiled and intercepted a gang that was about to commit a cash-in- transit robbery in KwaZulu-Natal on Tuesday, 7 November 2023;
(2) notes that the police were following up on intelligence they had received of a planned cash-in- transit heist when a shootout ensued between the police and members of a private security company against the armed gang;
(3) also notes that a 40-year-old security officer was shot and killed when the suspects who were travelling in a hijacked Dodge sedan opened fire, a shootout ensued and the dodge overturned;
(4) further notes that at the scene, two suspects were injured and arrested, and police recovered an AK47 and a R5 with more than 240 rounds of high calibre ammunition;
(5) believes that collaboration between law enforcement agencies and the use of intelligence-driven operations
will ensure that South Africa is a safe place to be during the festive season; and
(6) trusts that police visibility and high alert will assist a great deal in crime prevention and combating incidents of serious and violent crime, especially aggravated robberies.
Motion agreed to in accordance with section 65 of the Constitution.
MR PHILLIP NOTHNAGEL DIES
(Draft Resolution)
Mr D R RYDER: Chair, on behalf of the Democratic Alliance I hereby move without notice:
That the Council-
(1) notes with sadness the passing of Mr Phillip Nothnagel of Vanderbijlpark;
(2) also notes that Mr Nothnagel served his community for many years in various capacities, including that of a councillor, and played a key role in nation- building, earning him the name of Mavusan amongst the people of the Vaal;
(3) recognises that Mr Nothnagel played an extraordinary role and lived life in the service of his community;
(4) acknowledges that Mr Nothnagel was a hard worker, peacemaker and patriot; and
(5) extends our condolences to the community that he served and especially to his family who supported his activism and his community spiritedness.
May his soul rest in peace!
Motion agreed to in accordance with section 65 of the Constitution.
THANDUXOLO KHALIPHA DEMANDS KICKBACKS
(Draft Resolution)
Mr G MICHALAKIS: Hon Chairperson, on behalf of the Democratic Alliance, I hereby wish to move without notice:
That this Council –
(1) notes that Matjhabeng Mayor, Thanduxolo Khalipha, is accused of demanding kickbacks of R4 million each from service providers in the municipality, namely, M C Security, Puseletso Security and Projects, and Motse wa Rona Construction and Maintenance;
(2) further notes that in court documents the department on behalf of the municipality in turn makes allegations against some service providers about irregular appointments, inflated invoices and work never done;
(3) also notes that some service providers are also alleged to be donors of the ANC;
(4) further notes that the mayor is further accused of receiving a house built for him to the value of R3,4 million by one such service provider, and that
the service provider’s daughter allegedly works in the office of the mayor;
(5) notes that if the mayor is really as innocent as he says, he should welcome any investigation into the matter;
(6) also notes that services within the municipality have all that collapsed with water and electricity problems being an everyday occurrence made worse by staff strikes and protests, and that this is ultimately the residents of Matjhabeng who are suffering due to corruption and poor administration; and
(7) finally, this House condemns corruption and any kind and subsequently requests a proclamation from the President of the Republic for an investigation into these allegations by the Special Investigations Unit in the interest of all the people of Matjhabeng.
Motion not agreed to.
COMMUNITY DEVELOPMENT PRACTITIONERS GRADUATE
(Draft Resolution)
Ms N NDONGENI: I hereby move without notice on behalf of the African National Congress:
That the Council –
(1) welcomes the graduation of 312 Eastern Cape community development practitioners from across the province on Thursday, 26 October 2023, at East London’s International Convention Centre, ICC;
IsiXhosa:
Mamela Magwala.
English:
(2) notes that the graduation is part of the outcomes of the initiatives, which is aimed at improving the education, skills, experience and employment opportunities of the youth;
(3) also notes that 70% of the graduated practitioners were women who work with communities to empower
people and assist in addressing their socioeconomic issues;
(4) recalls that these practitioners have been in the field for many years and did not have the qualifications that went with the work they were doing;
(5) believes that the qualification puts them on the right path in the process of making meaningful contributions to the professionalisation of community development; and
(6) commends this beautiful initiative and hopes it is emulated in other provinces.
Motion not agreed to.
The CHIEF WHIP OF THE NCOP (Mr S J Mohai): What are you objecting on something like this?
Ms M O MOKAUSE: It is because they are buying qualifications including the Premier of Eastern Cape. How do we celebrate such mediocrity?
POLICE DESTROY DRUGS
(Draft Resolution)
Mr M DANGOR: Chairperson, I hereby move without notice on behalf of the African National Congress:
That the Council-
(1) commends the police for destroying drugs worth
R800 million in Johannesburg on Thursday, 26 October 2023;
(2) notes that the destroyed drugs included cocaine, heroin, mandrax and marijuana;
(3) recalls that this is the third drug destruction process in this financial year, with the most previous destruction having taken place in Cape Town in September;
(4) also recalls that the drugs destroyed were linked to a number of high-profile cases, including the Maydon
Wharf case where more than one ton of cocaine worth a street value of R400 million was seized;
(5) understands that the drug exhibit materials that are destroyed are ones the cases have been completed; and
(6) believes that the co-operation between law enforcement agencies across the world in clamping down on transnational organised crime is beginning to yield fruits;
Motion agreed to in accordance with section 65 of the Constitution.
The CHIEF WHIP OF THE NCOP (Mr S J Mohai): Chairperson, just before hon Nhanha, it’s Mohai here. I believe that you did take note of another member who just spoke uninvited, of course, a howler, who said certain things regarding Eastern Cape motion. I think that shouldn’t be allowed to stand because it’s incorrect to make such sweeping statements and left unattended. I just respected hon Dangor, but thank you very much. I just wanted to make that ... [Inaudible.] ... that she makes specific mention of a name. I don’t mind about
his generalities, but specific mention of a name which is not a fact regarding the premier of such a province. Thank you.
Ms M O MOKAUSE: No, but they are stealing qualifications. They are buying qualifications, Mohai, and that are facts.
The CHAIRPERSON OF THE NCOP: The point being raised, hon members, is a valid one, and therefore is sustained.
Therefore, I’ll urge you one more time, please do not speak if you have not been pointed at by the presiding officer and allowed to speak ... [Interjections.]
Ms M O MOKAUSE: And that includes Mohai as well, and Mohai ... [Interjections.]
The CHAIRPERSON OF THE NCOP: That practice is a negative one and impacts negatively in the work that we are doing in the Council. Hon Nhanha!
NTOMBIZANELE SITU PASSES
(Draft Resolution)
Mr M A NHANHA: Chairperson, I’m pleased that you have touched on the negativity part. Before I read my motion, I would want to suggest to you that you, presiding officers, and Whips of the political parties look into this growing practice in the Council where we object for the sake of objecting, and that creates tit for tat afterwards. Motions are important aspect of our work, Chairperson. This is the platform we use to put across experiences and things that are happening in our provinces. Therefore, I really want to urge you to look into it.
The CHAIRPERSON OF THE NCOP: Yeah, the point is noted, it reinforces really what needs to end, and become established practice in the House. Please, proceed in the motion.
Mr M A NHANHA: Hon Chairperson of the NCOP, on behalf of the Democratic Alliance I hereby move a motion without notice:
That this Council-
(1) notes with a deep sense of sadness that on 1 November 2023, Ntombizanele Situ passed away at the age of 52 years;
(2) also notes that Zanele, as she was affectionately known, was a well-known South African Paralympian athlete plying her trade mainly in category F54 throwing events, specialising in javelin throw;
(3) further notes that having been born in Matatiele in the Easter Cape, Zanele at a tender age of 12 experienced weakness in her legs resulting in her an inability to walk;
(4) also notes that her resolve to succeed is a true testament that one’s circumstances of birth should never be a determining factor in one’s progress and success in life;
(5) further notes that being confined to a wheelchair due to a spinal injury, this did not stop Zanele from being the first black female South African athlete to win numerous accolades and medals;
(6) also acknowledges that in the 1998 and 2002 World Championship Games held in Birmingham and Lille respectively, Zanele won gold medals for javelin in her category;
(7) notes that in 2000 and 2004 Zanele represented her country in the Paralympic Games in Sydney, Australia, and Athens, Greece respectively, and again she won our country gold medals in both instances; and
(8) calls to salutes this outstanding South African, who has represented our country amongst the nations of the world with pride and distinction; and
(9) further calls to send a letter of condolences to her family and loved ones, her presence will undoubtedly be missed.
May her soul rest in Peace!
Thank you.
Motion agreed to in accordance with section 65 of the Constitution.
ESKOM OVERHEAD LINES STOLEN
(Draft Resolution)
Mr S F DU TOIT: Hon Chair, on behalf of the Freedom Front Plus I move without notice:
That the Council-
(1) notes the ongoing theft of Eskom overhead lines on a weekly basis on the line between Lichtenburg and Ventersdorp in the North West province;
(2) also notes that the Freedom Front Plus has on numerous occasions requested the Minster of Police to intervene as a matter of urgency;
(3) further notes that on more than one occasion, motions were brought in this House, without national police intervention on this matter;
(4) acknowledges that local SA Police Service, SAPS, have made some arrests in collaboration with the community and are applauded for this; and
(5) urges the Minister and Deputy Minister of Police to intervene as a matter of urgency, in the interest of food security, job security and the rule of law.
Motion agreed to in accordance with section 65 of the Constitution.
SOCIAL RELIEF OF DISTRESS GRANT CONTINUES
(Draft Resolution)
Ms N E NKOSI: Hon Chairperson, I hereby move without notice on behalf of the African National Congress:
That the Council –
(1) welcomes the South African government’s commitment to extend the coronavirus disease, Covid-19, Social Relief of Distress grant until March, 2025;
(2) notes that according to the 2023 Budget, the Covid-
19 Social Relief of Distress grant was only funded until March, 2024;
(3) recalls that the grant was introduced to mitigate the effects of the pandemic on low-income individuals affected by the lockdowns during the Covid-19 pandemic;
(4) further welcomes the allocation of a sum of
R34 billion by the Treasury to ensure that the grant is extended by another year;
(5) believes that the grant is contributing tremendously to poor households as it brings food to their tables; and
(6) commends the government for the bold step to extend the grant whilst considering social security policy reforms and a funding model like a basic income grant to replace this one.
Motion agreed to in accordance with section 65 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND JUSTICE - AMENDMENTS TO THE PRACTICAL GUIDELINES FOR EMPLOYEES, SUBMITTED IN TERMS OF SECTION 10(4)(B) OF THE PROTECTED DISCLOSURES ACT, 2000 (ACT NO. 26 OF 2000),
DATED 1 NOVEMBER 2023
(Report of Select Committee on Security and Justice thereon)
Ms S SHAIKH: Hon Chairperson, the purpose of the Protected Disclosures Act 26 of 2000 as amended by Act 5 of 2017, is to protect employees in the private or public sector from suffering professional detriment as a result of a protected disclosure.
To provide certain remedies in connection with professional detriment suffered as a result of a protected disclosure and to provide procedures by which an employee or worker may responsibly disclose information about wrongdoing by his or her employer.
Section 10(4)(a) of the Protected Disclosures Act of 2000 provides that the Minister of Justice and Constitutional Development must issue practical guidelines to employees after consultation with the Minister of Public Service and Administration. The purpose of these practical guidelines is to explain the provisions of the Act and to highlight the procedures available to employees or workers who wish to disclose information. On the 31st of August 2011, the practical guidelines for employees were published.
The Protected Disclosures Act 2000 was amended on 2 August 2017. Prior to the amendment, subsection (1) of section 8 of
the Act provided that any disclosure made in good faith to the Public Protector, the Auditor-General or a person or body prescribed for this section, and where the employer or employee concerned reasonably believes that the irregularity in question falls within a description of matters set out in ordinary courts are dealt with by the person or body concerned and the information disclosed and any allegations contained in it are subsequently true as a protected disclosure.
In August 2017, section 8 sub-clause 1 was amended to specifically include other institutions to which protected disclosures could be made, that is the South African Human Rights Commission, the Commission for Gender Equality, the Commission for Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities and the Public Service Commission. This amendment to section 8, sub-clause 1 of the Act necessitated amendments to be effected to the guidelines, hence paragraph 3 of part 1, under the heading Specified persons or bodies, specifies the institutions to which protected disclosures could be made in addition to the Public Protector and the Auditor-general, as I have outlined them in terms of the amendment to the legislation.
Furthermore, part 3 is amended to set out the contact details of the Public Protector in all nine provinces, and not in only four as the guidelines currently provide, as well as the contact details of other persons or bodies and body or bodies contemplated in section 8, sub-section 1(c) to whom protected disclosures can be made and deleting part four. The Act from the guidelines and this proposed division would also prevent the need to amend the guidelines occasionally by substituting the Act whenever it is amended.
Section 10(4)(b) of the Protected Disclosures Act of 2000 states that the guidelines must be approved by Parliament before publication in the Gazette. The Committee agreed with the amendments in its deliberations and believes that this will significantly advance the fight against corruption and the protection of whistle-blowers in South Africa.
Hon Chair, the committee, having considered the amendments to the practical guidelines for employees submitted in terms of section 10(4)(b) of the Protected Disclosures Act 26 of 2000 and referred to the committee on 20 September 2023, recommends that the National Council of Provinces approves the said guidelines as tabled. I thank you, Chair.
The CHAIRPERSON OF THE NCOP: Hon Shaik, we will now proceed to the parties making their declarations of votes in terms of Rule 86, if they so wish. Just a reminder three minutes per declaration for all provinces making a declaration on behalf of their parties, the maximum declaration is three minutes.
Anyone wishing to make a declaration on behalf of a province?
- None.
We shall now proceed to vote on the question, and the question is that the report be adopted. I now call upon the provinces to cast their votes and when called upon to do so, heads of delegations must indicate whether they vote in favour, against or abstain will start with the Eastern Cape and then follow the alphabetical order.
Debate concluded.
Question put: That the Report be adopted.
[TAKE IN FROM MINUTES]
Mr J J LONDT: Sorry, House Chair, when a vote takes place, are people allowed to enter the Chamber and then cast their votes as was just done by hon Dangor, if it’s not allowed, then you
will have to disregard that vote it won’t make any difference on the outcome, but we need to ensure that we enforce the rules fairly across the board and not selectively. And once that vote started taking place, the member was not allowed to enter the Chamber and then cast his ballot.
The CHAIRPERSON OF THE NCOP: I guess this is one of the issues we need to come back to, and the reason is that in practice we have made offers to consider similar practices. It doesn’t happen often, but when it has happened, we have allowed it to happen because it is such a serious matter. We will look into it and come back and make the decision available to all members of the council.
Report adopted by section 65 of the Constitution.
DEBATE ON MEASURES TO COMBAT PROTECTION FEE SYNDICATES AND BUSINESS EX-TORTION: WAGING A CONCERTED BATTLE AGAINST PROTECTION FEE SYNDICATES AND THE EXTORTION OF COMMUNITIES AND BUSINESSES
The DEPUTY MINISTER OF POLICE (Mr C C Mathale): Chairperson of the NCOP, hon members, good afternoon. The country is experiencing sporadic incidents of violence and extortion,
targeting formal and informal businesses alike. This form of economic extortion is criminal and often multifaceted. The crimes often include a percentage demand from small, medium, and micro enterprises, as well as big projects.
Extortionists also seem to know no bounds. They even target the ordinary men on the street trying to make ends meet, through their respective small scale business ventures.
Informal businesses like roadside vendors, barber shops and salons, liquor traders, spaza shops and even the unemployed who are leasing their backrooms to make ends meet, have not been spared from this form of crime.
The modus operandi of this ruthless gangs often involves the use of violence and intimidation to extort exorbitant fees for so-called protection from business owners.
This crime also transcends into the targeting of more formal establishments and medium enterprise such as construction projects of schools, roads, business centres and other major projects, especially in our townships.
The biggest challenge with extortion is the secrecy around it. Victims fear to report it for fear of further victimization,
so they quietly paid their demanded protection fee. They do not realize that such payment will also perpetuate the extortion against themselves, but also to others around them.
Therefore, our plea to the communities that they should not pay but should immediately report an any demand for such payment.
The other challenge is that many of our community members see it as a crime affecting others in code. For example, contractors, foreign owned businesses, nightclubs, etcetera. Therefore, very few of our community members are willing to come forward with information in this regard.
Sadly, extorsion also takes various forms. Recently, some of my office staff and the parliamentary constituency office in Secunda, were threatened with baseball bats and heavy-duty hammers.
The culprits demanded that they disembark the car they were in and used taxis to get to their destination. Such is apparently a regular occurrence in the area. People in private vehicles are not allowed to be more than two. It is held that the rest use taxis and other commercial transportation services.
Hon members, this administration remains resolute in its stance to urgently and vigorously tackle crimes that threaten the lives and the livelihoods of South Africans. And all those who live within our borders. This includes threats to the authority of the state, territorial integrity, and the economy, and the well-being of the South African population.
This government is and continues to place emphasis on the stabilization of identified crimes in high crime areas. We are also placing special focus on violent contact crimes and economic crimes including business extortion syndicates.
As early as 2021, Minister Bheki Cele established an extortion priority committee, comprising of various role players to deal with the phenomenon of extortion in the Western Cape. And it bore some positive fruit.
The same approach has had to be followed nationally within applicable regulatory prescripts. As you may be aware, we have developed and are implementing the national policing strategy. Which amongst others is intended to respond to such crimes. We have also ensured that additional crime prevention and combating resources are allocated that.
We have as a government and as the South African Police Service, unequivocal in our fall to criminals that this country will not and will never be a heaven for criminals or organized crime syndicate. We refuse to be held at ransom by unscrupulous criminals and criminals syndicates.
Indicate therefore, police, through their aggressive approach to crime, have fired a warning shot to all elements of criminality and those who support crime as evidence from Operation Shanela that we operationalized in May this year, which has this delivered desirable results and have been have seen crime stats indicating a notable drop in many areas of crime throughout the country.
And over and above the intensified approach to crime through Operation Shanela and the capacitation of our crime intelligence division.
This administration has taken a cue from the presidential call for the formation of specialized team to read our communities and our streets and construction sites of criminals who choose to use violence for their criminal gains.
This is why the development of policing capacity to investigate extortion related crimes and the swift apprehension and prosecution of suspect remains crucial in our fight against extortion.
Chairperson yes, the long arm of the law will not be selective, nor will it be kind to extortionist and all other role players in the whole criminal value chain.
The SA Police Service, SAPS, continues to improve its responses, especially the investigative capacity of the service into extortion related crimes. The investigative capacity, I speak of, consists of organized crime investigators from detectives and forensic services of SAPS. They are attached solely with the investigating of the scourge of extortion in all our provinces.
The economic infrastructure task team that has been operational since June 2022, have been instrumental in dismantling this form of criminal syndicate throughout the country.
The task teams are vigorously tracing and arresting Extortionists. Plainly put, we have put focus on both human
and financial resources to ensure that the South African Police Service tackles this crime without fear or favour.
Hon members, at the risk of sounding tautological, I am of the strong belief that crime prevention and combating is not the responsibility of SAPS alone. We need all hands-on deck.
Hence, following the crime analysis of the so-called protection fees syndicate, it has become clear that if we are to see the end of this kind of organized criminality, we need the buy in of communities and other stakeholders. We also need the assistance of other departments and affected parties.
To date SAPS has joined forces with the National Prosecuting Authority as well as stakeholders in the business sector and private sector, because we need to work together with the private sector and the business sector and the Department of Justice through the National Prosecuting Authority to fight these gangs.
These collaborations have resulted in greater coordination and synergy between parties and definitive in roles, continues to be made in this regard.
The crime analysis on this form of organized crime shows that extortionists are targeting businesses mainly based in the Eastern Cape, Gauteng, KwaZulu-Natal, Limpopo, and the Western Cape Provinces.
Since August 2019 until September this year. A total of 766 cases of business extortion were reported to the police. From April 2023 to September this year, 92 cases were investigated by the police, leading to the arrest of 43 suspects. The majority of the arrests came from Gauteng and the Western Cape.
A further eight suspects were arrested for their respective roles in extortion related crimes in the Limpopo Province, while one suspect was arrested for a similar offence in the Eastern Cape during the reporting period. The Western Cape Province saw the highest number of arrests in extortion related cases, with 32 total arrests.
Gauteng had 21 people arrested for their respective roles in extortion related crimes? The intimidation of witnesses and whistleblowers remains a stumbling block in police investigations. This often results in witnesses not willing to testify as they fear for their lives.
Police have since identified various other related threats of extortions that negatively impact on the economy of the country and the livelihoods of South Africans. This is why it has become even more crucial to arrest all role players in the whole value chain of this well-organized criminal network. The value chain is the runners, the planners, and the benefactors of these crimes.
Hon members, we remain encouraged that the majority of our people are law abiding citizens and we know it is a handful of gangs and individuals who commit this form of crime.
As a preventive measure through pamphlet distribution and community engagement, police continue to conduct crime prevention programs to educate communities about the seriousness and negative impact that the extortion has on communities. The crime prevention and information campaigns are aimed at empowering communities and owners of small and micro businesses against extortionists.
While we are confident that the police are up to the task on stamping the authority of the state in this regard, we again call on all communities to also play their role in the fight
against organized crime, especially extortion, which has no room in our society.
The position of the South African Police Service and the security cluster in particular is; no crime or criminal activity will be tolerated and will continue to track down and ensure the arrest, prosecution and punishment of perpetrators. Whether it is organized gangs, criminal syndicates or individuals spraying on small scale business people, we are closing in on them.
The long arm of the law will not be selective, nor will it be kind. We refuse to co-govern with criminals and we will not allow criminality to plunge our beloved country into a mafia state.
We will remain committed to creating a safer South Africa for our citizens and ensuring a conducive environment for our people to prosper. Hence, we continue to relentlessly pursue every avenue that will ensure that all businesses, be it hair salons, street vendors, backroom landlords or construction service providers can operate freely without fear of any form of intimidation or violence.
We appreciate this platform Chairperson that has been created, so that we debate this matter, and we call upon members of the NCOP and our responsive provinces and local municipalities to join hands with the South African Police Service and the justice cluster, to fight this scourge and to fight criminality because we believe working together as the three spheres of government victory is certain. Thank you very much, Chairperson.
Mr T J BRAUTESETH: Hon Chairperson, hon Deputy Minister, I don’t know if there are any Ministers here, no, hon members, and my fellow South Africans, good day. Extortion is defined as the practice of obtaining something, usually money, through force or threats. Under South African law, the crime of extortion is classified as a common law crime. The accepted legal definition for the crime of extortion is:
Taking from another some patrimonial or non-patrimonial advantage by intentionally and unlawfully subjecting that person to pressure which induces him or her to submit to the taking.
Simply put, it means threatening a person with a harmful act unless they submit to demands being made. Extortion takes the
following most common forms in South Africa; Protection is a form of extortion, for example, protection from gangs or even corrupt police officers threatening arrests unless a person pays up; Threatening physical harm against a person in exchange for money, goods or service. It is said that one’s perspective on a problem is directly proportionate to one’s distance from the problem. In the build-up to this debate and for the past couple of years, everybody has been talking about the construction mafia. So it is not a problem. That is something that’s far away. Night clubs, bouncers, something far away. What I want to tell you and I must differ with the Deputy Minister is that this is not just a handful of cases.
This is in our faces now as South Africans. In our faces.
Industries big and small, from mining and construction to township spaza shops, are being targeted by extortion rackets of epidemic proportions, I mean it, epidemic, as organised crime is fast emerging as the biggest threat to South Africa’s economy. This form of crime is now more damaging than bad policy or service delivery failures. This activity undermines any efforts at the moment to build a country with a growing economy based on good policy and an effective state.
So the question is, what is the psychology of extortion? I believe it has its roots in a thing called “the emulative effect”. When children see their parents, teachers or peers behave in a certain way they emulate their behaviour, and then it becomes permissible. In short, South Africans have internalised, justified, culturally assimilated and, by extension, rendered extortion permissible.
From the evidence we have heard before the Zondo Commission, there is macroextortionism that has taken place and continues to take place in the highest offices of the land. At the micro level, in the day-to-day lives of ordinary people, little extortions have become a type of norm. Communities across cities, towns and villages in South Africa have simply accepted forms of extortion as part of doing business.
Extortion has become culturally assimilated. The way it works is that an individual or a criminal syndicate would show up at your place of work or business or home, however small or large it may be, and tell you that they are your protection and that you have to pay for their service.
This starts as simply as a car guard who walks up to your car in the car park and says, I am going to look after your car. They haven’t asked you for your permission. You go away. You
come back and generally out of guilt, you give them something small. There was no contract to do that but there is a hope that if you pay them this R2, R5, R10, nothing will happen to your car. That is a form of extortion. Evidence of extortion is everywhere. It runs from the top, from the former President
– sorry to say - to the guy who expects payment for guarding your property — without your asking him for protection. Out of this, there is a sense of helplessness and a sense of guilt. At a macro level, the country’s dirtiest politicians, deployees of the ANC, people such as Hlaudi Motsoeneng, Brian Molefe or Lucky Montana, and any public servant who demands a kickback; and a micro level, the car guard. Extortion has become permissible, and pervasive and has poisoned the waters of South African society. It is critical to understand in this debate that no one can protect businesses other than the state. However, the state’s capacity to do so has been vastly diluted. The Hawks have been completely stripped of their capability and skilled leaders have been replaced with sycophants of the state capture machine. To make matters worse, the Hawks have almost 3 000 vacancies in their ranks.
Recruiting top-quality investigators who can turn the tide against organised crime is difficult, but this is an area where businesses can contribute skills and support renewal. To
this end, during an oral parliamentary session in this House, the DA managed to get certain concessions out of the President. On 12 October I engaged the President and he agreed that South Africa would now get a functioning presidential hotline where business capture can be reported and receive the required SA Police Service, SAPS, intervention to smash the mafia cartels once and for all. He also agreed to start a witness protection programme that will ensure the physical, mental and financial wellbeing of those reporting these crimes and also undertook to establish a specialised prosecution unit dealing with only the crimes pertaining to mafia-style business capture. To his credit, he agreed to these things.
However, I’ve got to say that activity only started to flourish when I put the questions to the President for oral reply. So we welcome his undertakings but we got concerned when the Deputy Minister this afternoon said these are just a handful of cases, Minister Zikalala says it’s 200 arrests. The President said it was 70 arrests and Minister Cele doesn’t seem to have an idea but it is certainly way more than 200 and I encourage them to go and sit down and have a cup of coffee and work it out. It’s concerning when you see that level of confusion amongst those spheres.
It was also concerning when we found out from the Auditor- General of South Africa yesterday that to facilitate work in the Eastern Cape to get the rail working, the Passenger Rail Agency of South Africa, Prasa and the ANC government there have met with the construction mafia and have made concessions and made payments to get that work going again. Then we have a case closer to your home, the ordeal of Chief Matsila, who had a 21-hour ordeal at the hands of the people who kidnapped him. What is Chief Matsila doing in the ANC? He is trying to clean it up but he got held hostage for 21 hours. What does tell you about your organisation the ANC?
So, colleagues, I have great scepticism of the ANC fixing this problem. However, I have great hope that if hope exists it exists with the DA running the show. My colleague ... [Interjections.] ... no, hang on a second, hon China, ... the hon Badenhorst will stand up shortly in this debate and will set out the physical measures, not the spin, not what we are going to do, not the blue sky, of what the City of Cape Town and the Western Cape has been doing to combat this level of crime in South Africa. These measures provide a clear path of action coupled with an unwavering commitment to the rule of law. With the elections in 2024 fast approaching, South Africans will no doubt note that the DA is present, facing
down this crisis and as I always say, we will not back down. We are going nowhere.
IsiZulu:
Siyabangena!
Ms S SHAIKH: Hon members, we are engaging in this debate at the time when the world is observing a continuous aggression and escalation of conflict visited upon the people of Gaza by the State of Israel. We of the ANC maintain our consistent solidarity with the people of Palestine and urge the State of Israel to stop the aggression. It must be known that Palestine has never known peace since the occupation of its land by Israel. Therefore, the current conflict in the Middle East, should not be seen in isolation to the protracted conflict between Israel and Palestine.
We call on the occupying state of Israel to cease fire and to allow humanitarian aid to enter Palestine. We call on both sides to stop the escalation and create an environment for peaceful resolution of the conflict. Our firm position is on the implementation of the two-state solution to the Israeli- Palestinian conflict. We reiterate the words of our first democratically elected President, President Nelson Mandela
when he said, “we know too well that our freedom is incomplete without the freedom of the Palestinians.” Hon Chair and hon members, we are participating in a debate on the measures to combat protection, free syndicates and business extortion, working a concerted battle against protection fee syndicates and extortion of communities and businesses.
While the challenge of extortion networks is a global phenomenon, there’s a rise of such networks in the African continent and in our own country. Hon Chair, there’s a need for collaboration of the three spheres of government in dealing with protection fee and business extortion syndicates. In this regard, our call is that the national, provincial and local governments should collaborate and work together to address the crime of protection fees, extortion and other related illicit crimes. In this debate, we would like to highlight a crime syndicate commonly known as the construction mafias.
We have made commitments in our 2019 election manifesto that amongst other things, the ANC government will prioritise and implement the fight against corruption throughout society. We undertook to safeguard the integrity of the state, ethical leadership and to building safer communities. In addition, we
undertook that we would continue with the transformation of the economy to serve poor people through interventions that promotes a developmental growth path that creates jobs. We understood then as we do now, that economic development can only thrive in an environment of peace and the respect for the rule of law.
That cannot be development in an environment where the laws are disregarded and the people do as they wish, an environment where illicit criminal activities are the order of the day.
Our manifesto reviews shows that a lot has been done by the ANC government to fight crime and corruption, and yet more still needs to be done in this regard. Our manifesto review report shows that government continues to invest in the upgrading and building of police stations as well as the purchasing and maintenance of vehicles. It shows that there is also a move towards greater use of technology for crime prevention, including surveillance cameras in public spaces and roads.
As part of the intervention measures to strengthen the capacity of the law enforcement agencies during the 2022-23, a total of 10 358 new SA Police Service, SAPS, members, were enlisted. It further shows that 99,80% of police stations have
functional community policing forums from the total of 1159 police stations as at the end of the 28 February 2023. We can also indicate that the Hawks, the Directorate for Priority Crime Investigation, DPCI, have also registered five investigating projects to deal with illegal mining, which has led to significant number of arrests and seizure of stolen material.
Lastly, that the Board of Management Agency, BMA, has been operationalising law in terms of the Border Management Authority Act. The BMA will go a long way to deal with border management and control and address illegal migration and cross-border crimes. We are highlighting these important interventions by governments to illustrate that the ANC government is making sure that the commitments made in our
2019 manifesto are implement. In the face of the sterling work that government continues to undertake in the fight against crime and corruption, the heightened levels of extortion and protection fee demand on construction companies by the so- called construction mafias is a serious concern to all of us.
To understand who these construction mafias are, and what their modus operandi are, we borrow from an article written by Armstrong and Meyer titled, Illicit Business Forum in South
Africa: a survey. This article is written in the Journal of Anti-Corruption. Armstrong and Meyer say the following about the construction mafias. These are people or groups, who under the pretext of providing employment and inclusion of communities in which the development or enterprise is taking place, they demand money, 30% of the contract or developmental value, subcontracting or a share of the project under the threat of violence and unrest.
Armstrong further indicates that they call themselves business forums, whereas law enforcement agencies call them illicit business forums. These illicit business forums target multiple construction sites and developments, including state-funded construction sites, privately owned and funded developments and business. Armstrong and Meyer conclude by saying that the construction mafias caused delays in critical infrastructure development. To illustrate the impact of the construction mafias and the construction industry, we recall the CEO in the Construction Industry Development Board, CIDB, Mr Dladla, when he said, the mafias has significantly impacted and delayed the execution of project, and also projects become more expensive to execute.
He further says that, in some instances, there has been loss of life when sites are disrupted, but there is work that has been done on the preventative aspects and also on the punitive aspects. On the criminal aspect, we are working with the law enforcement agencies to deal with that particular issue. Hon Chair, these observations point to the reality that the construction mafias are an impediment to the infrastructure development of our country, these mafias are depriving the communities an opportunity to benefit from state service delivery on infrastructure. The strong message we would like to send to the construction mafias is that we cannot surrender our country to criminals.
Whilst we commend the collaboration between business and the SA Police Service, SAPS, in dealing with these construction mafia. We would also want to make a call to our communities that they should not be part of these thugs and they must report these mafias to the law enforcement agencies and that thus not be complacent nor complacent. We understand the argument that some leaders are misinterpreting the Treasury regulations on 30% local procurement. This misunderstanding is interpreted as an entitlement of a certain portion of the tender value to the local companies. The point we are making
is that procurement should be undertaken within the parameters of law and regulations.
We urge all leaders to interpret the procurement legislations with diligence and within the parameters of law and regulations. Hon Chair, we reiterate the words of the Minister of Public Works and Infrastructure, Minister Zikalala, when he said, it is important that we all speak with one voice in condemning site disruptions and extortion affecting the sector.” The Minister further said that “it is even more important that we act together to root out these illegal practices, which are bringing disrepute and dragging away investment in the South African construction and property sector.”
Hon Chair, we welcome the deployment of these SA National Defence Force, SANDF, by the President, to assist the police in the fight against crime and organised crime in our country. We also urge our communities to work with the police and the law enforcement agencies in the fight against crime, including crime committed by the construction mafias. I thank you, Chair.
Mr N M HADEBE: Hon Chairperson, in 2019 alone it was reported that approximately 183 infrastructure and construction projects throughout the country which were worth more than R63 billion, came to a standstill. This was not due to the usual feats of corruption, mismanagement of public funds and incompetence, but simply as a result of violence and disruptions by armed individuals and organised groups who often demand a 30 to 40% share in these projects. These actions not only pose a danger to the lives of these constructors and ordinary community members but have also led to a series of major players filing for business rescue and reporting depression, depressing financials, leading to the loss of billions of rands.
Despite all these, these illegal and immoral protection fee syndicates continue to sprout. Hon Chairperson, it is with concern that I point out that these occurrences that started and gained traction in KwaZulu-Natal in the mid-2010s, has today found its close in all territories of the country, affecting both private and public sectors. In fact, whilst the private sector was hit first, the state has not been spared either. For an example, some 60 plus SA National Road Agency Limited, SANRAL, projects, have been affected in one manner or another. It is therefore worrying that this is a matter that
has not yet been addressed, with seemingly no attempts made to do some either when it has the potential to bring the economy to its knees.
The efforts to combat this should go beyond simply verbal condemning such criminality, but they should be rooted in practicality, willingness, and most importantly, driven by actionable solutions. Hon members, we should never mistake this staunch criminality for genuine efforts by communities who is to be part of economic development projects. As a result, I implore government to enforce all possible measures that our resources permit in order to curb and completely combat this practice, no holds barred.
Evidently, there’s been no sense of urgency from government to address the matter that continues to ravage what is left of this nation. Therefore, as a party, we call for the formation, training and deployment of a specialised unit within SAPS to address this matter, a unit that has the balance of both SAPS and SNDF skills and resources. This is a crucial unit that will be able to locate the source of funding and weapons of these organised groups, thus put a stop on this calamity. I encourage all of us in this House to remember that this is how criminality cements its roots through complacency and a heavy
penalty. Hon members, it is our moral and constitutional duty to ensure that we serve the people of this country, and we can only achieve this through collective efforts that bring about tangible results. I thank you.
Ms M O MOKAUSE: Chairperson. Chair, I rise on a point of order.
The CHAIRPERSON OF THE NCOP: What is the point of order?
Ms M O MOKAUSE: Chairperson, the EFF is a third largest party in the Council, but today we are witnessing something that the minority parties are speaking before the EFF. What type of formula was used for the IFP to speak before the incoming governing party? What type of formula was used? We were not told. Therefore, we will not vote here. The EFF is a third largest party in the Council. So, what informed the speaker of the IFP to speak before the EFF because this matter was never raised on any platform where the EFF disputed ... [Interjections.]
The CHAIRPERSON OF THE NCOP: Hon member, hon Mokause, the point you are raising is not a point of order.
Ms M O MOKAUSE: What is it?
The CHAIRPERSON OF THE NCOP: It is rather some contestation of how the people are allocated speaking time and so on, on the list, etc. We will come back to this issue at some point in the near future, just to clarify it once and for all. So, the way allocation is done, is meant to be fair.... [Interjections.]
Ms M O MOKAUSE: Chair, the only clarity is that we are the third largest party in the Council. There is no other clarity. Why do you let the minority party speak before us?
The CHAIRPERSON OF THE NCOP: Can we come back to it? Thank you very much. I will now proceed to hon Mazibuko, and as I do so, I will ask hon Mmoiemang to take over the chairing.
Ms F MAZIBUKO (Gauteng): Thank you very much, hon Chairperson of the session, hon Babu Amos Masondo for the opportunity to share with members of the NCOP and the country at large the work that we are doing here in Gauteng. Let me acknowledge all the hon members of the House, the Deputy Minister and all the ladies and gentlemen that are in attendance.
IsiZulu:
Ngibingelele, sanibonani.
English:
The protection fee syndicates and the extortion on communities and business is a growing phenomenon that is not only prevalent in Gauteng but affects South Africa as a whole. Left unchallenged, these phenomena will cause great damage not only to the construction industry and the business community, but the economy in its entirety. The practice involves a long- standing history of organised criminal gangs and syndicates that extort money from construction companies, business owners and under the pretext of protection fee. The issue stems from the announcement made in 2017 of the new regulations to the Preferential Procurement Policy Framework Act, stating that 30% of all contract value on state construction contracts be allocated to designated groups, including black South African women and people with disabilities. The construction mafia misunderstood this pronouncement, exploited these laws, and continues to cause disruption even on private sector construction sites.
The gangs demand protection against violent disturbances and work stoppages in the form of that 30% interest in the project
or 30% of the overall contract value in cash. These protection fees syndicates often exercise violence to demand or steal money and valuable from people and businesses in exchange for protection fees and damage to property. They target construction companies and government departments events where they illegally invade these sites or venues heavily armed and threaten individuals or their families. These criminal acts have devastating financial consequences for the businesses, including black-owned SMMEs and projects often experience delays for months, causing costs to spiral. In many cases, progress on projects is delayed until their demands are addressed. This can also result in violent and in the worst scenario, the murder of the victims. This phenomenon is also rife in the business community. Although Gauteng is a vibrant social environment, entrepreneurs often worry about their safety and the safety of their businesses in the townships, and the entrepreneurs who own barber shops, shebeens and spaza shops are often targeted by these criminal activities who demand money. Here in Gauteng, they even have names, others are named ama-Boko Haram, others are named ama-Hamas. Hon Chair, in Mamelodi people no longer even sell amagwinya on the road, because these mafias demand even that meagre change, to those people who are trying to make a living. As a result, this poses a challenge to the economic growth of the province
and especially township economy, and it is a bigger threat even on the wellbeing of the people.
The rising levels of unemployment are also contributing, and business liquidations also are becoming a challenge. As the Gauteng provincial government, we denounce these acts of criminality which have a detrimental effect on the livelihoods of businesses and residences. Extortion and demands of protection fees by criminal syndicates are unlawful and will not be tolerated. The Gauteng Premier, Ntate Panyaza Lesufi, has called upon all hands-on deck to implement the five elevated priorities, namely: Economic recovery and construction; strengthening the battle against crime, corruption, vandalism and overcoming lawlessness; changing the conditions in townships, informal settlements and hostels; prioritising of health and wellness of our people; and strengthening the capacity of the state. Ours is to strengthen the battle against crime and ensure all residents feel safe in their respective communities. The wellbeing of Gauteng residents is our top priority and as a province, we are deeply committed to addressing the issue of crime, particularly these protection fee syndicates and extortion of our communities and businesses. Efforts to address these issues often involve multifaceted approach.
The Provincial Commissioner, Lieutenant-General Mawela, has also set up teams in all districts to deal decisively with these criminals. As the provincial government also, we shall strive to ensure that there is visible policing and to date, we have recruited 6 000 men and women as crime prevention wardens to amplify the work of the law enforcement agencies in our townships, informal settlements and in hostels. Their responsibilities include working closely with the police, to fight crime and conduct intelligence gathering by working closely with communities. Also, as the Gauteng provincial government, we are investing in a state-of-the-art technology such as CCTV cameras, drones in all our corridors and we have also a list of helicopters that are also assisting the law enforcement when they are doing their work, because they are the ones that are able to drive early and be able to protect this construction sites. We believe this investment in the technology will also help track all the movements of the suspects and be able to assist in giving evidence when they are in court.
Furthermore, hon Chairperson, we will be rolling out the e- panic buttons to our communities so that then when they see something that is happening, they are able to make sure that they press that panic button, and the law enforcement agencies
will respond very quickly. The Operation Shanyela also, which includes stops and searches, vehicle checkpoints and roadblocks and cordon-and-searches is also of assistance to this. Worst of all, we believe if we improve our co-ordination and communication, we can be able to fight these atrocities that are being committed against our people.
In conclusion, let us welcome the debate, hon Chair, and we believe out of our discussions today, we’ll make sure that we continuously engage our communities and continuously engage the business community and ensure that we grow the economy of the country without criminal activities also taking their money away from them. Thank you very much, hon Chair.
Ms M O MOKAUSE: Earlier on, I rose on a point of order. Now that you have taken a chair, as a Chair Ntate Mmoeiemang, can you answer the EFF? Why are minority parties speaking before the third largest party in the council? Why?
The ACTING HOUSE CHAIRPERSON (Mr K M Mmoeiemang): Hon Mokause, the Chairperson has ruled on the matter, so the matter is closed.
Ms M O MOKAUSE: What was the ruling?
The ACTING HOUSE CHAIRPERSON (Mr K M Mmoeiemang): The hon Chairperson said the matter that you raised you will come back to it. That is a ruling that the Chair has made. Thank you, hon Mokause.
Mr X NQATHA (Eastern Cape: Hon Acting Chairperson of the National Council of Provinces, hon members of the National Council of Provinces, hon members of the provincial legislatures, hon Deputy Minister, the representatives of SA Local Government Association, Salga, distinguished guests, ladies and gentlemen, good afternoon. I rise to present the agony of many silent voices who continue to suffer the psychological damage and financial loss due to the imposed protection fees and extortion of money that is continuously perpetuated by criminal syndicates.
There are many unreported cases of these criminal acts that are motivated by self-serving interest, quick money-making, targeting and terrorising hardworking families within our communities. The Crime Intelligence Unit in its endeavours to combat the sophistication of such heinous crime, has continued to introduce systems that bring about new advanced technologies to counter strategies of these hardened criminals
that continue to terrorise the vulnerable members of society in this province and beyond.
This statical evidence has shown an increasing number of similar incidents of types of crimes and some of the victims have had to suffer the gruesome torture and pain that ultimately results in deaths. A possibility exists that if this onslaught continues and is not being attended to with speed, it may invariably attract new members within various sectors including business community to join the established gangs for purposes of settling scores through reprisals.
We have witnessed many adjudicated cases in our courts that emanate from the binding processes within the tendering system. These are some of the crimes that have been categorised as priority by the crime units within the Justice cluster in this country, and all the efforts that have been put in place to support the men and women in blue, and crime investigating units to be supported, as well by the political leadership in all material times until this syndicates are defeated.
There is a commitment of the head of department that everything in the provinces is going to be done to provide
administrative support and material support to ensure that we fight these criminal acts. Section 17 of the SA Police Service, SAPS Amendment Act established the Directorate of Priority Crime Investigation, which amongst other functions has the responsibility to prevent and combat and investigate national priority offences, which in the opinion of the head of the directorate need to be addressed by the directorate, subject to any policy guidelines issued by the Ministerial Committee.
The crimes relating to extortion, kidnapping and protection fees are therefore investigated by the Directorate for Priority Crime Investigation, DPCI. In an effort to address these crimes in the province, a task team led by the DPCI has been established and it is comprised of experienced generals, hostage negotiators and crime intelligence personnel. Despite the limited resources in the province, this task team has been established to meticulously respond to all reported cases relating to protection fees and extortion.
As the issue of protection fees and extortion is common among foreign nationals, the Provincial Head of DPCI has further established a forum with foreign nationals. The main objective of the forum is to participate in endeavours aimed at
addressing the root causes of kidnapping and extortion and share information with the relevant community. The use of technology is one of the methods that will assist in effectively dealing with these crimes.
While releasing the Quarter One crimes statistics, the Minister of Police highlighted the ... [Inaudible] ... intention to incorporate numerous technologies in the fight against crime. The following are currently implemented in the province in an effort to respond to these crimes: Intelligence-driven disruptive operations are taking place, and which are yielding results. Weekly tracing operations to identify and hunt down suspects whilst also using available resources to identify unknown suspects.
An information network and profiling of suspects and recruitment of informers has been established to assist the intelligence gathering. And platforms for information sharing have been created in order to open communication channels between the police and the community. Some of these challenges continue to exist, which in a way thwarts the police’s ability to effectively respond to these crimes. The main identity challenges are as follows:
The poor co-operation by witnesses based on allegations of threats against their families, and the non-court attendance after a case has been open, also due to allegations of fear of victimisation. In conclusion, partnership and co-operation between the community and the police can help to reduce the incidents of extortion and protection feeds. Crime is a major destabiliser of basic rights to peace, security and good governance. We must be able to bring back the confidence of our people to law enforcement agencies in this country.
Members of society must never surrender themselves to criminal gangs and other related networks.
We continue to encourage the people to report crimes and be prepared to be witnesses in cases. The protection of whistle- blowers and witnesses by the state must be improved to encourage every member of society to report crime before it is committed. We continue to say ...
IsiXhosa:
... musa ukuthula kusonakala.
English:
I thank you hon Chair.
Mr S A DUMA (KwaZulu-Natal): Hon Chairperson, thank you very much for affording us this opportunity. Can I crave your indulgence that we just switch off the camera for stronger bandwidth and then we can proceed ... [Interjections.]
Ms M O MOKAUSE: Ah-a! You are very naughty. You like the trophies, but you want to switch off the camera. For what?
An HON MEMBER: Order, Mokause! [Interjections.]
Mr S A DUMA (KwaZulu-Natal): Mokause is not going to bully us
... [Interjections.]
The ACTING HOUSE CHAIRPERSON (Mr K M Mmoeiemang): Hon MEC, you have the permission, you can continue.
Mr S A DUMA (KwaZulu-Natal): Thank you for that progressiveness, Chair. We appreciate ... [Interjections.]
Ms M DLAMINI: On a point of order, Chair.
The ACTING HOUSE CHAIRPERSON (Mr K M Mmoeiemang): Hon Dlamini, what is your point of order?
Ms M DLAMINI: Chair, we just want to find out what is the protection fee for the Premier of KwaZulu-Natal since the hon Duma insist on bullying the Premier?
IsiZulu:
Nk L C BEBEE: Uyazithanda izindaba. Uyazithanda izindaba! Uthanda izindaba ...
English:
... too much.
The ACTING HOUSE CHAIRPERSON (Mr K M Mmoeiemang): That is not a point of order, hon Dlamini ... [Interjections.]
Ms M O MOKAUSE: Valid point of order.
The ACTING HOUSE CHAIRPERSON (Mr K M Mmoeiemang): You can continue, MEC.
Mr S A DUMA (KwaZulu-Natal): I know I attract too much attention, even from the red and the DA these days ... [Interjections.]
Ms M DLAMINI: That’s because you are patriarchal. You are a patriarchal figure. You bully women ... [Interjections.]
IsiZulu:
Nk L C BEBEE: Uyazithanda izindaba!
Ms M DLAMINI: You bully women, and you shouldn’t take the platform.
The ACTING HOUSE CHAIRPERSON (Mr K M Mmoeiemang): Hon Dlamini
... [Interjections.]
IsiZulu:
Nk L C BEBEE: Naka izindaba zakho ze-EFF.
The ACTING HOUSE CHAIRPERSON (Mr K M Mmoeiemang): Hon Dlamini, can we allow the MEC to take part in the debate. Over to you, MEC.
Mr K MOTSAMAI: On a point of order, Chair.
Mr S A DUMA (KwaZulu-Natal): We appreciate the opportunity to address the hon members of the NCOP ...
Mr K MOTSAMAI: Chairperson, on point of order. Chairperson, I would like to ... because you didn’t even grant him permission to switch off his mic, we want to see him so that he can carry on so we can know him. Thank you. There is nothing disturbing him not to come to Parliament.
The ACTING HOUSE CHAIRPERSON (Mr K M Mmoeiemang): Hon Motsamai, when MEC Duma started, his video was on. Subsequent to that, permission was sought from the Chairperson, and I duly granted the MEC permission to allow him to be audible.
Thank you, hon Motsamai. MEC you can continue.
Mr S A DUMA (KwaZulu-Natal): As KwaZulu-Natal we are always inspired and encouraged by the robust engagements in this House of yours and we will continue to rally on the strength of the National Council of Provinces, NCOP, as a critical pillar of our democratic dispensation synergising as it does not only function in government at national, provincial and local government, the NCOP is also about participatory democracy and promoting intergovernmental relations.
Hon members, protection fee syndicates and business extortionists are not different from ordinary criminals and other criminal syndicates such as those involved in cross-
border crimes. They need to be confronted and eliminated from our society. In this regard, we wish to welcome progress made in relation to the fight against extortion related crimes as announced by His Excellency the President. We must also acknowledge the presence of Deputy Minister Mathale, for the role that he has played along with Minister Cele and we are so appreciative of the role that has been played.
We welcome the arrest of more than 4000 suspects for damaging critical infrastructure. Others have been arrested for extortion and illegal mining. By and large, the ANC-led government has demonstrated a high level of seriousness by employing more than 946 personnel who have been deployed to 20 infrastructure task teams.
The decentralisation of 20 task teams to the provinces, districts and police stations at local levels will ensure that we turn the situation around. We must hasten to point out that as we move forward, we will undoubtedly see more arrests. The broader multifaceted strategy which involves the Hawks, crime intelligence, visible policing and operations, detectives and forensic services, National Prosecuting Authority, South African Revenue Service and other entities will have a huge impact.
Having said that, we must also acknowledge that more work will still need to be done, especially to flush out protection fee syndicates – I am sure that is a general feeling of this House; we all agree. However, I would want to warn the members not to be too gullible when we discuss such matters and consume even wrong narratives.
I differ vehemently on this narration of creating such and characterise something. For instance, in the province of KwaZulu-Natal we have what is called the business forum which is those who must be trading and must be engaged by the ANC as the governing party and progressive state because the reality is that in most cases for you to transform the society, you must be willing to go an extra mile.
We must not characterise because this thing of saying that there is a construction mafia is a term loosely used and we are not going to achieve a lot of things as long as we don’t go on the core of what is currently happening. The Deputy Minister was present with us. We just want to highlight that in 2009 when we were building stadiums, there were construction companies that were given projects. Instead of saying that there was fraud and corruption, we said there was
a collusion. Such ... [Inaudible.] ... are not acceptable, it is something that you must be able to confirm.
We also had a shallow debate coming from hon Brauteseth. His debate was shallow because he sees everything African as corrupt and weak, which is not correct at some point in time. The reality in some instances is that capitalism as the system is marred with corruption and the issue of white-collar crime has been designed to suit cartels. I already spoke about the big construction industry and the role that has been played by the Steinhoff of this world. So, each time when we deal with all these crimes, we must be particular, and we must not just be seen as only targeting those who are vulnerable; we must deal with criminal activities across the board so that ...
The ACTING HOUSE CHAIRPERSON (Mr K M Mmoeiemang): As you conclude.
Mr S A DUMA (KwaZulu-Natal): We are glad that the state has played this role. We also want to thank the NCOP for its role in visiting different districts and provinces in fighting crime. Thank you so much, hon Chair.
The ACTING HOUSE CHAIRPERSON (Mr K M Mmoeiemang): Thank you, hon MEC Duma, for taking part in the debate. I just want to draw hon members to Rule 47. Conversing loud, hon members, you are drowning the speaker, and it becomes difficult for members of the House to clearly hear and get the message from the participant. Thank you, hon members.
Mr F J BADENHORST: Hon Chairperson, with respect and sorry to disrupt, there is a note for you. There is a request from Minister Regan Allen of the Western Cape government to speak now and I will replace him a little later on. We have put a little note on your desk there. [Interjections.]
An HON MEMBER: There must be consistency, Chair. [Interjections.] Hon Mmabatho has raised this.
The ACTING HOUSE CHAIRPERSON (Mr K M Mmoeiemang): Hon Badenhorst, can you repeat what you were saying? Hon members, let us allow the swap, because it is still the same party.
Mr R I ALLEN (Western Cape): Hon Chairperson, I trust that I am audible on your side. Hon Deputy Minister, hon members of the NCOP, it was just over a year ago when I addressed this esteemed House about the need for effective, deserved and
required resourcing of the South African Police Service, SAPS, in the Western. Regrettably, not only does this need exist in our province, but throughout the country, particularly if you consider a province like the Free State, where there is a vacancy of close to 30% ... [Interjections.] ... with a much larger population and where crime patterns are completely different to any other province in the country. Our vacancy rate is approximately 10%.
In fact, the reality is the South African Police Service at station level across our country is approximately 20 years behind in having the required boots on the ground. During the 2022 to 2012 financial year, the ideal staffing requirement at SAPS station level across our entire country was at 157 836, but the actual total of officers was only 122 617. If we fast forward to the 2021-22 financial year, the ideal amount of SAPS officers that were required at station level across our country was 193 476, with an actual amount of only 105 935.
Effectively, this means that recruitment in SAPS is lagging behind by approximately 90 000 officers that should be on the ground.
The reality is setting the dedicated men and women in blue up for failure, as they will continue to find it challenging to combat crime, regardless of its nature.
There is a direct link between policing resourcing and the areas where extortions are occurring here in the Western Cape, when we consider that Khayelitsha, Gugulethu, Nyanga, Mitchells Plain are some of the areas where extortions are quite rife. Harare in Khayelitsha has a police to population ratio of one officer for over 897 members of the society.
Khayelitsha in Cite B has only one member for 628, Gugulethu, one member for 874, an area like Nyanga that was our murder capital for a number of years, one officer for every 635 and Mitchells Plain, one member for over 600 residents.
It is expected that crimes of this nature will continue to thrive, as criminals are fully aware that SAPS do not have the required resources to counter them. This is a clear demonstration that the national government has not been prioritising the combating of serious matters like extortion, nor crime in general here in the Western Cape.
The impact of extortions continues to be severe, and allow me to remind this House that the second edition of the Organised
Crime Index, which was published by the Global Initiative Against Transnational Organised Crimes painted a grim picture on the impact of organised crimes, with links to extortion- related crimes.
The Organised Crime Index indicated that South Africa climbed
12 spots up the criminality index from nineteenth in 2021. It is vital that such reports act as a wakeup call to national government and importantly, a call to action. A call to action is long overdue, considering that in the Western Cape, between 2018 and 2023, a total of 25 projects have been affected by incidents of extortion, violence and intimidation.
These incidences have resulted in projects being delayed or halted and often resulted in additional costs for boosted security on-site. This meant that over 18 490 beneficiaries who should have been living in improved environments and in a dignified manner are unable to do so. A caring national government would not allow something like this to occur, let alone continue.
We have also witnessed a number of mass murders directly linked to extortion, as between September and October this
year, we saw multiple mass murders, which are either linked to extortion or gang-related matters.
On that particular note, it is vital for me to list some of the interventions, which we have implemented here in the Western Cape, because we care about the safety of our residents. We have and continue to prioritise safety as one of our core governance pillars. In fact, all departments have a safety component and we actively seek to work with all relevant and related stakeholders, whether this be business, community members or society at large.
Just last week, I had the privilege to engage Business Against Crime for us to identify further collaborative opportunities, to particularly combat extortion and other related crimes. In the Western Cape, we have an integrated extortion task team, where spheres of government and the SAPS engage each other on matters relating to extortions. We have a toll-free number hotline that any person can call to report matters related to extortions. Just over a month ago, the City of Cape Town, which is the best run metro in the entire country, launched a nationwide anti-extortion campaign under the slogan: Enough is Enough! Genoeg is Genoeg! Kwanele!
Also, we want the laws of our country to work for residents. We want the Criminal Procedure Act to actually be utilised. We have sections 158, 153 and 252, which allows for sting operations, but due to a lack of capacity, we are unable to fully exercise the laws that are in place to actually protect residents, to protect businesses.
In addition to this, we have also stepped into further assisting the South African Police Service against extortion, murders and all other crimes, particularly in the hotspot areas of the Cape Metro. In 2019, the Western Cape government launched its Western Cape Safety Plan, with the primary focus of reducing the murder rate by 50% by 2029.
Stemming from this Western Cape Safety Plan is our Law Enforcement Advancement Plan, or commonly known as LEAP officers. In partnership with the City of Cape Town, we have deployed over 1 200 LEAP officers in areas where the murder rate is the highest. If I take any member of the NCOP to an area like Delft, for example, you will be able to see first- hand that we have approximately 50% of the allocated amount of SAPS officers in Delft that we have supplemented over 50% in LEAP officer capacity.
That is the Western Cape government stepping in, stepping up, because we care for residents. Our LEAP officers are currently deployed in 13 of our areas, of which 10 of these areas are in the top murder areas in the Western Cape. These include areas like Delft, Gugulethu, Harare, Khayelitsha, Kraaifontein, Mfuleni, Mitchells Plain, Nyanga, Phillipi East and Samora Machel. The other high-crime areas, where we have deployed in Atlantis, Bishop Lavis and Hanover Park and recently, Lavender Hill, Steenberg and Grassy Park.
It is important to note that the placement of these LEAD officers are done on an informed basis; it is not done on an uninformed or on a willy-nilly basis. It is done very strategically, backed up by data and evidence and where the need is the greatest. This allows us to be proactive and prevent crime from occurring, by also being efficiently reactive, should any incident already have happened.
With this data and evidence-led approach, we obtain the information and relevant data by our Provincial Safety Dashboard and this dashboard, which is updated every three days, provides real-time data to provincial safety stakeholders. We are innovative in our approach here in the Western Cape. When resources are deployed and utilised
effectively, it bolsters the crime-fighting efforts and these LEAP officers, working alongside the South African Police Service, is clearly showing it.
In the fourth quarter, we saw crime stats where the Western Cape had a 14,1% reduction in the murder rate and for the first quarter of this particular financial year, a 5,5% reduction rate that ultimately led to 198 fewer people being murdered in our province. For the last quarter, we are the only province that saw a reduction in the contact crime category.
We are making way, but we ultimately need national government to come on board, and that’s why when we call for devolution, when we call for policing to be done in a different manner, so that we can ultimately address crime in a meaningful way, it’s not a political call it is a call that is resonating here in our province amongst mothers, amongst daughters, amongst our safety stakeholders, because it makes sense.
As I conclude, as the Western Cape government, we assure you that SAPS will be fully capacitated under a DA-led government here in the Western Cape, resourced and effectively trained to
offer the services that the people of this province and country deserve. Thank you so much.
Mr M A P DE BRUYN: Hon Chairperson, as we know protection fees are a form of organised crime that is being plaguing our country for far too long and businesses of all sizes, especially small businesses, are being forced to pay these fees to criminal gangs in exchange for so-called protection.
And at the end of the day, these businesses are left to fend for themselves, especially Small and Medium Enterprises, SMEs. And the fact of the matter is that it is this government that has failed these business owners.
Over the past three decades it was this government that failed to ensure that we have adequate law enforcement agencies that are well-equipped, well-trained and well-supported in their work. And it was this ANC-led government that failed to devote resources towards training and equipping these agencies and to ensure that their efforts are focused on the prevention and prosecution of this crime.
Hon Chairperson, it is unthinkable that these groups or gangs are extorting even state-owned entities like Eskom and departments like the Department of Housing without our police
service being able to track, investigate and arrest these syndicates.
But this is unfortunately the reality in South Africa, hon Chair, and we all know whose incompetence is to blame for allowing this to happen.
Afrikaans:
Besigheidseienaars en die algemene publiek het eenvoudig nie meer die vertroue in die Suid-Afrikaanse Polisie Diens en ons intelligensie dienste nie. Dis hoekom bittermin van die mense, wat met hierdie tipe van uitbuiting gekonfronteer word, na vore kom om amptelike klagtes te lê en informasie te verskaf.
As ons gaan kyk na die verval van ons Polisie Deins onder ANC- bewind en die huidige Minister van Polisie, kan ons hulle ook glad nie daarvoor blameer nie. Soos ek gesê het, as selfs staatsentiteite soos Eskom en munisipaliteite se dienslewering al die slagoffers is van die sindikate, sonder dat die polisie suksesvol kan optree, wat se hoop het die kleinsakeman dan daar buite?
Sonder ordentlike, opgeleide polisiemanne en vroue, wat toegerus is, en samewerking met bekwame intelligensie dienste,
gemeenskapspolisiëringsforum, GPF, burgeregte organisasies, wat die probleem prioritiseer, sal daar ongelukkig bittermin kans vir sukses in hierdie geval wees.
In hierdie verband het ons nie beloftes, debatte en mooi praatjies van Ministers en amptenare, wat hul onvermoë probeer regverdig en hoër ag nie, nodig nie, maar is daadwerklike aksie daar buite nodig. Ons benodig vir ’n intelligensie diens wat intelligent is en genoegsame polisiëring deur bekwame amptenare. En die regering en die departement moet meer moeite doen om meer GPFs op die been te bring en by te staan, om sodoende gemeenskappe ook te betrek.
Kort om gestel, om hierdie houvas van uitbuiting van hierdie sindikate in ons gemeenskappe en besighede moet stop te sit en te voorkom, het ons ’n regering nodig wat die welstand van sy burgers en die ekonomie prioritiseer. Ons het dus ’n regering nodig, waar die ANC nie in bewind is nie en daardie regering sal realiseer na die 2024-verkiesing. Eers dan is ek bevrees sal daar daadwerklik oplossings vir hierdie tipe misdade kan wees. Dankie.
English:
Mr K MOTSAMAI: Point of order, Chair. It looks like we are tested as EFF members. I mean when you keep on allowing smallernyana [a very small] party to carry on while the EFF
... you look like you don’t see the EFF or EFF is not in Parliament, it becomes a problem. We don’t want to be tested like that.
I’m asking you to allow us to bring a speech so that more than
20 million people can listen to us. I thank you, Chair.
Ms M O MOKAUSE: They are going to listen to us after May 2024, there’s the reality. Leave them. They can do as they wish.
They are going to kiss that House goodbye.
The ACTING HOUSE CHAIRPERSON (Mr K M Mmoeiemang): Hon Mokause
...
Setswana:
... ke kopa tlotlo fela mo nakwaneng e ke nang le yone ya go tsamaisa Ntlo.
English:
Hon Motsamai, hon Magwala is in the Speakers List and ... look, there are matters that are dealt with at the Whippery
level and I believe where there are such matters hon Dlamini will be able to take the matter up at the right level, if she’s delegated to do so, or hon Mokause will be able to do that. But be rest assured, hon Magwala is in the Speakers List, he’ll be able to articulate the EFF’s position.
Ms F F RADZILANI (Limpopo): LIMPOPO MEC for TRANSPORT AND
COMMUNITY SAFETY: Hon Chair, the Deputy Minister of Police in the Republic of South Africa, hon Mr Cassel Mathale, MECs, my colleagues from other provinces, members of the NCOP and representatives from provinces, representatives of SA Local Government Association, SALGA, distinguished guests and all other officials in attendance, a very blessed afternoon to all of you.
Hon Chair, this session takes place barely a week after Limpopo government’s programme was annulled here in the Limpopo province. In fact, it was a programme of the national Department of Transport and the provincial government. It was annulled because some of the traditional leaders in the Fetakgomo Tubatse Local Municipality felt that they were hard done when government was improving parts of the R37 road which is between towns of Burgersfort and Polokwane.
As we were finalising the preparations for the official opening of this colossal project, a 25-km stretch of road, which costed government over R700 million, we learned with shock, hon Chair, that some of the traditional leaders in the area were despondent as they alleged that they did not benefit anything from this project.
Despite the enormous economic spinoffs brought about by the R37 project which includes the appointment of local labour, subcontracting work done by local suppliers and many other business opportunities, the project could not be officially launched because there were allegations of side-lining of traditional leaders during construction.
This is further from the truth, hon Chair, and the fact that the 30% misconception has seeped and found its way into the institution of traditional leaders made this episode a lot uglier.
This is a synopsis of how the 30% fee, which was initially aimed to be apportioned to local businesses has been misconstrued to feed a particular narrative, to create space for the graft and bullying within our communities.
Here in the Limpopo province, hon Chair, there are isolated sporadic reported incidents where individuals and community structures have also attempted to put government programmes in disarray if they could not find their way and burn government’s policies. They have had little or no meaningful impact on how government has been delivering its services to the people.
In 2018, just before the advent of the COVID-19 pandemic, a SA National Roads Agency SOC Ltd, SANRAL, project to build the N1 ring-road around the city of Polokwane was also put on ice as organised gangs wanted to put a claim on it using the 30% local economic development component.
These attempts were thwarted as both the provincial government and the SA Police Services, SAPS, were able to put a stop on them. The commotion had little impact on the project.
During the month of July, as our department concluded its Mandela Day preparations in the ward 11 of the Elias Motsoaledi Local Municipality in the Sekhukhune District, we learned that the local councillor in the particular ward has made a demand that all services should be procured within the ward or the local business people will disrupt the function.
This was not feasible from Public Finance Management Act, PFMA, point of view. And after lengthy deliberations the department demonstrated cost to this particular councillor that the Central Supplier Database, CSD, is not ward-based.
The cases of protection fee or the 30% portion of local suppliers have not had any impact on how government charges its provisions of services to the people of this province.
However, hon Chair, within the mining communities there are reported incidences where communities have blocked roads demanding that the mining companies should use local suppliers to procure some services. The practice is a lot rife in the eastern platinum belt of the Limpopo province in the areas around Burgersfort where there are numerous mining activities.
About a week ago protestors went on rampage in the
Ba-Phalaborwa Local Municipality blocking roads and burning trucks transporting minerals and state vehicles as they were making an assortment of demands to the Phalaborwa Mining Company in Phalaborwa.
Normally these protests are instigated by opportunistic business operators within these communities when they feel that business prospects are becoming scarce.
We have seen how the communities of Ga-Mampuru, Ga-Maleka, Ma-seven and many other areas around the R555 road have embarked on public demonstrations making all sorts of demands against mining companies in the Tubatse Fetakgomo Local
municipality. They are blocking public roads as they know that by doing this they are disrupting the mining activities and these companies will somehow oblige to their incensed demands.
Hon Chairperson, as I’m about to conclude, it is, therefore, incumbent upon the Justice, Crime Preventing and Security Cluster to join hands with other organs of civil society and ensure that we maintain the rule of law in all sectors of the economy. We have to employ our top intelligence arsenal if we are to win this battle.
And we also have an obligation to conduct public advocacy programmes to teach our communities about government’s procurement policies and processes.
We must be decisive as we cannot allow this important sector of the economy to become a thiefdom of the underworld and a heaven of crooks.
And we want to put it on record, hon Chair, without even delaying this meeting by labouring on the crime statistics or how are we performing as Limpopo and the programmes that we are embarking on.
But we want to assure this hon House that the provincial government working hand-in-hand with the Provincial Commissioner Lieutenant Thembi Radebe, we are hard at work to make sure that we employ all the tools that we have to block these criminals and to make sure that we also fast-track issues of service delivery to our people.
The ANC-led government will continue to honour its own election manifesto especially when it comes to fighting crime in this country. Thank you so much, hon Chair, for the opportunity.
Mr M J MAGWALA: Chairperson of the session, let me take this opportunity to greet you, members of the NCOP, and distinguished guests, extortion is a pandemic in the Western
Cape and across the country as it is conducted in a brazen manner with no regard for any consequences. It is an act aimed at controlling territory and drawing profits through illegal means and extortion is in a term often heard of when we talk of mafia, more especially the mafia’s use of intimidation to force businesses to pay protection.
Minister, you are a man on top and not doing anything, and it’s wrong for a man to be on top and not do anything.
Extortion is in an easy crime to commit in South Africa, as ours is a country plagued by the presence of organized crime. Our people are subjected to violent extortionary practices and protection fee syndicates as criminals threaten residents, a practice which is not new but seems to have spiked across all provinces, but mainly in Cape Town townships, so much that the City of Cape Town was at some stage forced to suspend essential services such as waste collection in areas such as Gugulethu, Nyanga and Philippi East. The increase of gang violence in Manenberg also led to a temporary withdrawal of services there until the area was calm again. Salon owners in Nyanga pay protection fees, sometimes as high as R1 500. All these happens under the watchful eye of a man on top doing nothing as there is a lack of proper and visible policing in our townships.
Crime in South Africa is spiraling out of control because of an incompetent and self-obsessed Minister of Police who has factionalized the police force and has allowed criminality to brew in the security cluster. We have become a criminal society and crime is enabled by the state because we allow a man to be on top and do nothing. In fact, the presence of a strong criminal organization in the country is a symptom of institutional weaknesses. There would be little possibility for extortion to thrive in a country with a strong state presence. Residents and informal and small business owners are at the mercy of gangs who target roadside meet sellers, barbershops, salons, shebeens, and spaza shops. Again, the man on top is doing nothing.
Extortion threats disrupt the daily operation of businesses, diverting precious time and resources towards dealing with security measures, investigations, or extortion attempts, whilst employee productivity and morale suffers due to the stress which is linked to extortion. Extortion inflicts direct financial losses on SMMEs as they are forced to pay the extortionist, depleting their financial resources, and reducing profitability. The increased cost associated with protection against extortion or implementing security measures eats away profit margins. Extortion is a cruel way of
corruption. It makes use of violence to force a person or a firm to get what they want. It spreads fear because extortionists are capable of hurting others.
In Cape Town it has been declared a matter of high priority, with actions put in place and monetary rewards offered for reporting on hotlines. However, these actions are ineffective and are not reflective of a priority case. Extortion is a complex and deeply rooted problem that requires a robust response from our justice system.
We need to rethink our policy strategy before the country turns into a den of criminals. We need to establish specialized courts or designated judges assigned to handle extortion cases. We need strict whistle-blower protection laws and mechanisms put in place that will ensure that individuals with information about extortion or other crimes can come forward without fear or favour. We need strengthened law enforcement and police visibility as extortion thrives in environments characterized by insecurity and lawlessness, other than deploy police and sit in a township that is very much peaceful with its transport that is safeguarding George the whole day. You have the audacity to deploy police the whole day, but you can’t deploy the police to go and catch
criminals, but you have the resources to protect the capitalists in George, in Thembalethu.
We need to develop specialized units, such as the Extortion Unit, that will use different approaches and resources compared to general law enforcement. Extortion units that will handle cases related to extortion, blackmail, kidnapping for ransom and other similar crimes, often focusing on organized criminal groups or individuals engaged in extortion. Units that will understand the dynamics of extortion, negotiations, tactics, and legal aspects of extortion cases. Most importantly, units that will work on preventing strategies, educating potential targets about extortion risks, and promoting safe reporting mechanisms. We need to allocate modern technology and surveillance resources that are crucial in the fight against extortion. These resources should primarily support extortion units and their prevention efforts with tools that will enhance the investigation process, improve evidence collection, reduce response times, and help law enforcement to stay ahead of evolving threats. When combined with well-trained personnel, modern technology becomes a powerful asset in the fight against extortion and other criminal activities.
Finally, strengthening law enforcement should be a fundamental pillar of any strategy to combat extortion effectively.
Unfortunately, as the country, we are subjected to an ANC which refuses to take responsibility for its failures and has completely abandoned its duties to create jobs and fight crime. As the EFF, we urge fellow South Africans to register to vote in the 2024 national and provincial elections and rid themselves of a failed ANC. They must dial *134*20024#. Thank you.
Mr F J BADENHORST: Hon Chairperson, hon Deputy Minister, hon members, and fellow South Africans, good day. Extortion and the illegal occupation of land is certainly no stranger to the Western Cape government. Illegal occupation of vacant land and housing units under construction remains a key challenge to the Western Cape Provincial Department of Infrastructure’s Human Settlements branch. The department is constantly facing a heightened security environment due to disruptions and stoppages of projects through the extortion tactics of construction mafia.
To mitigate the extortion tactics of the construction mafia and illegal land occupiers, which inevitably results in a loss of housing opportunities for the poorest of the poor, the
department has spent more than R161 million on security to mitigate this scourge. As was recently revealed by Minister Tertuis Simmers in the Western Cape legislature during his presentation of his department’s 2022-23 end of year performance outcomes. To counteract the widespread impact of extortion across the entire province, the department has implemented a comprehensive plan to prevent this. This proactive strategy encompasses not only internal stakeholders, but also external ones, such as project engineering committees and ward councilors. With a reasonable suspicion that political motivations play a vital role in connection with the construction mafia, close collaboration is sought with law enforcement agencies, with current cases centering on unlawful material supply, side security branches, demolitions, and acts of intimidation. While the Public Works and Infrastructure, Mr Sihle Zikalala, as far back as August this year, announced the establishment of a government-driven call centre to allow the sector to report any disruptions at construction sites, these are yet more empty promises, with little or no tangible results.
In stark contrast, just last month, the DA-run City of Cape Town set up a functional anti-extortion hotline ... [Interjections.] ...
Mr M DANGOR: Chairperson, will the hon member take a question?
Mr F J BADENHORST: ... as part of a new plan to tackle crimes related to construction projects in the city ...
The ACTING HOUSE CHAIRPERSON (Mr K M Mmoeimang): Hon
Badenhorst, my apologies.
Mr M DANGOR: Will the hon member take a question?
The ACTING HOUSE CHAIRPERSON (Mr K M Mmoeimang): Thank hon Dangor. Hon Badenhorst?
Mr F J BADENHORST: I am surprised that hon member is awake to ask a question. While the Public Works and Infrastructure ... [Interjections.]
Afrikaans:
Genoeg is genoeg!
English:
Mr F J BADENHORST: He is very welcome to ask his question after he has woken up. Thank you. While the Public Works - and I must say this again because he missed out ...
[Interjections.] ... while the Minister of Public Works, Mr Sihle Zikalala as far back as August this year, announced the establishment of a government-driven call centre to allow the sector to report any disruptions at construction sites, these are yet again more empty promises, with little or no tangible results. But in stark contrast, just last month, the DA-run City of Cape Town set up a functional anti-extortion hotline as part of a new plan to tackle crimes related to construction projects in the city. The 24-hour hotline to report extortion is part of a campaign as previously mentioned by Cape Town Mayor, Gordan Hill Lewis, called “Enough is Enough! Genoeg is Genoeg! Kwanele!”
While ANC government departments are paying lip service to what they perceive as music to voters’ ears, the City of Cape Town’s mayor has also launched a reward system to encourage residents to help authorities tackle extortion anonymously should they choose to do so. The city is also topping up its normal security budget by an additional R55 million to protect the city’s infrastructure construction sites to conclude construction and service delivery for all residents. The city’s 24-hour hotline and reward system are linked to a safety and security information management system and a safety and security investigation unit who has been implementing both
proactive and reactive steps to combat extortion in the city. Measures put in place include information gathering and analysis with investigations, shadow investigations and watching briefs. Additional policing and law enforcement support is given to construction companies and city employees. Current tender processes are reviewed with built-in safeguards and streamlined reporting lines for extortion incidents. The city’s safety and security directorate are currently receiving additional capacity to deal with the threat posed by extortion groups and organized crime.
Interagency liaison and co-operation with the National Prosecuting Authority, NPA, and police on extortion-related incidents and investigations are taking place despite the evident lack of enthusiasm from the country’s Crime Intelligence division to assist in tackling these extortionists. The fact that the mayor of Cape Town is still waiting for an update on the police investigation into a councilor that was axed months ago for his alleged involvement in the construction mafia is proof of this lack of investigation powers. I want to be very clear about this. We are having this debate because we have an inept police Ministry led by a Minister that has shown time and time again that he is incapable of improving the safety of South Africa.
Let’s face it, if a Minister surrounded by armed bodyguards isn’t safe on our national roads, who is? Another example, key witnesses in an assault case against police are gunned down execution style outside the court where they are about to testify against the same police. These two incidents have dominated the headlines in as many days this week. It is only a matter of time before the President deploys what is left of the SANDF to deal with all aspects of policing. But again, one would expect a competent President to fire an incompetent Minister, but then again, competency has never been deemed to be a consideration that the ANC do when they deploy people.
So, why would they want to deploy a competent person in the first place? However, South African voters will certainly contemplate the meaning of the word competent when they vote for a new competent DA government in 2024. Thank you.
CLLR M MOGOJE (SALGA): Chairperson of NCOP, Deputy Minister of Police, Deputy Chairperson of NCOP, MECs present, NCOP Chief Whip, House Chairpersons, hon members, I greet you all.
We gathered here with the singular and pressing purpose to wage a concerted battle against the malicious and destruction forces of protection fees syndicates and the extortion they inflict upon our communities and businesses.
In this fight we are combatting not only the ... [Inaudible.]
... criminality but also the profound threat these syndicates pose to our nation.
Progress and the delivery of essential infrastructure to communities: it is by no means an exaggeration when I say what these syndicates are perpetuating, it’s nothing short of economic sabotage. And as a government we call in efforts to remain agile while these criminals run amour and destroy the very fibre of our society.
Our country finds itself confronted with what is slowly becoming ... [Inaudible.] ... perennial challenge that strives at the very core of our society.
The rise of construction mafias and their sinister activities have cast a dark shadow over the country standing as a
rule-based state.
Of major concern is that this act harbour the possibility of jeopardizing our reputation as an investment destination of choice which largely lingers on stable rule-based system of governance where law and order is ... [Inaudible.] ... and non-negotiable.
This criminal networks driven by greed and lawlessness continue to recklessly exploit our communities, sabotage our economy and obstruct the delivery of vital infrastructure.
As the local government fraternity we call for a considered and coordinated effort to tackle this syndicate as it is communities that ultimately face brunt when projects are delayed or put on hold. This puts additional pressure on local government, a sphere that interfaces directly with communities.
Hon Chair, it is impossible to discuss this issue without acknowledging the broader context of crime in South Africa, our nation, for all its splendour and promise, grapples with an unacceptable high crime rate that plagues our communities and shrubs our potential for progress.
In the postulate of justice and security we are duly bound to confront not only the Seta, but also the disease of which construction mafias are a part.
We are now at an inflection point where the construction companies are forced to pay a sizeable amount of ... proving security at construction sites. This leads to an exponential
increase in project costs, putting further strain on the fiscus, ultimately delays in completing projects are consequential that they end up doubling or even tripling the project costs.
Hon Chair, the proliverable of construction mafias and associated extortion and imitations have reached chronic levels, that if not addressed, probably threatens to turn the country into a heaven of criminals.
The construction sector, which is disproportionally affected by this malicious crimes, it’s a major driver of employment and economic growth, many due to its higher labour absorption rate. It is, therefore, in our best interest to protect the sector by all means from these syndicates.
Local government is ready to deploy its limited resources to aid the fight and push back against these mafias. The growing number of these incidents is of a major concern and reflect this thug reality we face.
Hon Chair, the battle against these syndicates cannot be fought in isolation. The magnitude of this challenge necessitates a coordinated effort uniting all stakeholders,
public and private. It is our collective responsibility to work hand-in-hand and together create a safer and more prosperous South Africa.
Let us not forget the profound ... [Inaudible.] ... of construction mafias on our municipalities, the command centre of service delivery. These syndicates not only compromise the safety of our municipal officials but also undermines the critical infrastructure projects that municipalities oversee.
Our communities, particularly those in need, bear the brunt of this criminal activities, facing delays in the provision of essential services from housing to water sanitation.
We should work together, enhance an intelligence which will allow us to take proactive steps to confront these syndicates. We shall leave no stone unturned in our quest for justice. And for ensuring that the perpetrators face the long arm of the law, the wheels of justice shall turn swiftly and those who threaten the fabric of our society shall be held accountable.
Hon Chair, today I speak not only as a representative of SA Local Government Association, SALGA, but as a concerned citizen who is deeply troubled by erosion of law and order in
our society. Nevertheless, my hope remains unwavering in our national resilience, for we trembled over more formicable challenges in the past. Our challenges may be ... [Inaudible.]
... significant but our resolve is strong.
Let us emerge from this speaking with a renewed determination to wage a concerted battle against the protection fee syndicate, not only for ourselves, for future generations.
We will create a South Africa where businesses can thrive without fear, where communities can flourish in safety and where service delivery expedites.
We are summoned by a duty to wage a concerted battle against this scourge to shield our communities and businesses from the terrain of criminal extortion and to declare in no uncertain terms that we shall not allow the shadow of crime to envelope our beloved South Africa. I thank you, hon Chairperson.
Ms B M BARTLETT: Chairperson, I have asked to proceed without my video on because I am afraid I have a network issue.
The ACTING CHAIRPERSON (Mr K M Mmoiemang): Yes, the Chairperson gives you permission to continue. You showed us earlier this afternoon. You can continue.
Ms B M BARTLETT: Hon Chairperson, I begin my input in this debate by joining my colleagues in condemning the continuing war in the Middle East. In this regard, we agree with the secretary-general of the UN when he said the nightmare in Gaza is more than a humanitarian crisis. We call on the state of Israel to cease fire and allow humanitarian aid to enter Gaza to save the people of Gaza. The people of Gaza have endured too much pain, and enough is enough.
As the ANC, we made commitments to our people in the
2019 election manifesto, that we will prioritise, amongst other things, to build safer communities for our people as well as to advance social transformation. We made these commitments because of our firm belief that our people should live peacefully side by side with one another. The state of our communities is a constitutional right as outlined in the Bill of Rights. Chapter 2 of the Constitution under the Bill of Rights provides that everyone has the right to freedom and security of the person. We want every South African to enjoy freedom and security at all times.
We are participating in this debate to make an argument that those criminals who demand a so-called protection fee and engage in activities of extortion hamper service delivery by government to our people. The work of business extortionists and those who are demanding protection fees from companies involved in service-delivery projects for our people are militating against these constitutional rights and therefore we should work together collectively to ensure that their evil deeds are put to a stop.
Reflecting on the provision of services to the people, the latest census by Statistics SA shows that there has been an upward trend in households residing in formal dwellings, an increase of almost 24 percentage points from 65,1% in 1996 to 88,5% in Census 2022.
In defining formal dwellings, Statistics SA says that formal dwellings include formal houses with brick or concrete structure, flats and apartments, cluster houses, townhouses, semidetached houses or any formal dwelling situated in a backyard, such as a room or garden cottage where a household or single person resides. We are highlighting these statistics to illustrate how government since 1994 has been able to provide services to our people, including housing. What this
means is that a continuous disruption of services to the people by extortionists hamper government's ability to serve our people. This progress of having 88,5% of South Africans having formal dwellings would not have been realized if these extortionate disrupted services then. That is why we have to collectively fight these extortionists.
One of the professionals involved in the construction industry indicated in an interview that the lives of professionals are in danger. They have lost some of their colleagues who refused to co-operate with the extortionists. This means that families have lost their loved ones and as a country we have lost the skills that ... [Inaudible.] ... so much in the construction industry.
It is also reported that some construction professionals and companies have resorted to asking assistance from taxi bosses to protect them from extortionists. This reflects the desperation on the side of the professionals in the construction industry and companies.
The reports on construction projects are at a standstill on the ground and this is hampering service delivery by government to the people. The professionals in the
construction sector argue that these criminals are known. Therefore, a collective approach with the community is the way to go to stop these extortionists.
We note and commend the move by the President of the Republic of South Africa to deploy soldiers to ... the extortion mafias in the construction industry. We believe that the deployment of the SA National Defence Force, SANDF, will assist. The deployment of soldiers may be seen as a short-term intervention. What is required is a long-term solution to this problem. The long-term solution may include the strengthening of the State Security Agency, SSA, to focus on organised crime, including extortion by construction mafias. The police should strengthen the Crime Intelligence environment to curb this extortion, to dig out the masterminds of the syndicates. The intelligence community should analyse the root cause of these extortions and track down the masterminds behind it and lock them in prison.
We must also analyse the value chain with regard to illegal mining, especially targeting the suppliers of illegal mining goods and those who are the buyers. We make a clarion call to our communities to come forth and assist the law enforcement agencies with information regarding these extortion
syndicates. We agree that in most instances these extortionists are known in the community and the co-operation of the community with the police will go a long way in rooting out these criminals from our communities. I thank you, hon Chairperson.
The ACTING CHAIRPERSON (Mr K M Mmoiemang): Thank you, hon Bartlett, for also taking part in the debate, representing the ANC. As I invite hon Londt to the podium, I shall also be relinquishing the powers vested in me in terms of Rule 12 by the national Chairperson so that the national Chairperson can take his rightful place. Thank you, hon members.
Mr J J LONDT: Crime is crime is crime. It does not matter. If you transgress the law, you commit a crime. Although there are different categories of crime and different penalties associated with it, when you transgress outside the law, it is a criminal offence. I listened here today and we had quite a few cadres from Luthuli House ... the pot calling the kettle black. I mean, I probably need to start with hon Duma. Hon Duma, I think you misheard hon Brauteseth. He didn't say Africans are corrupt. He said the ANC is corrupt. That's the truth. It’s proven over and over and over in the courts of this country. So, it is a criminal organisation led by
criminals. Hon Radzilani, four or five times you said you are shocked ...
The CHAIRPERSON OF THE NCOP: Hon member, if I may just get you to withdraw that. It’s unparliamentary to call members of this House ... an organisation ... criminals.
Mr J J LONDT: Hon Chairperson, I did not mention a single member of this House but if the shoe fits you must wear it. It is surprising that you can apply the rules now but when hon Dangor enters the House after voting starts, you cannot apply the rules. So, you are exposing yourself yet again.
The CHAIRPERSON OF THE NCOP: Hon Londt, I am pleading with you to please comply.
Mr J J LONDT: Hon Chair, you can double-check Hansard. I did not call a single member of this House corrupt.
The CHAIRPERSON OF THE NCOP: ... [Inaudible.] ... a warning, because if you don't withdraw ... If you refuse to withdraw, I'll ask you to leave the House.
Mr J J LONDT: Can you please specify what I said that I must withdraw?
The CHAIRPERSON OF THE NCOP: Hon Londt, I am saying, and please listen carefully. I am saying ... [Inaudible.] ... Badenhorst, you are trying ... a dialogue with me. Please don't do that. I am saying that it is improper to refer to members of this House as belonging to a criminal organisation. Of course, if you want to have a substantive motion which you want to table to the House, which says that the ANC or the IFP or any other organisation for that matter is a criminal organisation, then all of us will come here and have a debate on a member or members of the House ... [Inaudible.]
Mr J J LONDT: Okay, I take your point, Chair. I take your point ... [Inaudible.]
The CHAIRPERSON OF THE NCOP: What I am saying to you is, please withdraw because, I’m saying it in advance, if you don't withdraw, I will have to ask you to leave the House.
Mr J J LONDT: Chair, I withdraw that you say it's improper. It might not be untrue but you ruled it’s improper. So, I withdraw. I withdraw. So, Chairperson ...
The CHAIRPERSON OF THE NCOP: Hon member ...
Mr J J LONDT: I withdrew, Chairperson.
The CHAIRPERSON OF THE NCOP: ... unfortunately you can't get away with this because the withdrawal must be unconditional. It must be unconditional. Otherwise, hon members, what is the sense of us coming here only to throw insults at each other and refer to each other as criminals and ...
Ms C LABUSCHAGNE: Chair, on a point of order.
The CHAIRPERSON OF THE NCOP: Just if you have a motion that you want to ... [Inaudible.]
Ms C LABUSCHAGNE: Chairperson, on a point of order.
The CHAIRPERSON OF THE NCOP: ... that motion will have to be looked into and will probably be debated. So, please withdraw.
Ms C LABUSCHAGNE: What must ... Chair, I’m rising on a point of order.
The CHAIRPERSON OF THE NCOP: You have a choice. You have a very clear and simple choice. It's either you comply or you forfeit your right to participate in this debate at this point in time. It's your choice.
Ms C LABUSCHAGNE: Chairperson, on a point of order on this extortion that is happening from the Chair. Chairperson, on a point of order. This is ...
Mr T S C DODOVU: Sit down, hon Londt. Hon Londt, sit down.
Ms C LABUSCHAGNE: ... improper.
Mr T S C DODOVU: [Inaudible.]
Ms C LABUSCHAGNE: Can you please shut up? And dress properly!
Mr T S C DODOVU: Hon Londt must sit down. Hon Chair, he must sit down when there is a point of order called. He is out of order.
Ms C LABUSCHAGNE: You also have to sit down, hon Dodovu, and please dress properly next time.
The CHAIRPERSON OF THE NCOP: Let’s not complicate the issue further.
Ms C LABUSCHAGNE: Hon Chair, with all due respect ...
The CHAIRPERSON OF THE NCOP: I’m saying what is your point of order?
Ms C LABUSCHAGNE: My point of order is that there is freedom of speech in this House. To call the ANC as an organisation corrupt and criminal does not ... attacking a person. If the people in this House feel that the shoe fits them, they must feel that. The Zondo Commission did that. There are court cases that did that. You can't make up the rules as you go.
Another person in this House called someone in this meeting a white racist. You didn't rule on that. I am sorry, you can't. This is an extortion of power.
The CHAIRPERSON OF THE NCOP: Hon Labuschagne, that's not really a point of order. We have dealt with the point of order in the House for a long time and I want to avoid doing that now. So, hon Londt, I've asked you to withdraw unconditionally.
Mr J J LONDT: Chairperson, I withdraw. Can I go on with my speech? Great. So, hon Radzilani, four or five times you said
... shocked about the crime that is happening in your province. You said that you will have all the top intelligence arsenal focused on getting rid of crime, but if I listen to you, I understand now why the number one person chose to put his couch in your province, because there are no consequences.
Hon Motsamai, you complained that you are not a smallnyana
party. Hon Magwala can tell you that yesterday you got
43 votes. You had more workers at that by-election than votes in that by-election. So yes, you are a smallnyana party.
Hon Magwala, if you're talking about extortion and fear, I know there is a party that has to pay 10% of their salary to the commander-in-chief, and if you do not take your busses full of people and feed and house them, you are fired. That is extortion. So there is one party that knows about extortion and it’s you guys.
Now, there is the moral question as well, and the moral question often borders on the criminality. There is a moral question on how this House is being chaired, how some rulings are made and others are not made. So, I will leave this Chair
and say that the ANC is a corrupt party and you are incompetent, Chair.
The CHAIRPERSON OF THE NCOP: Yes, it's a pity that these things happen, but I want to draw the attention of the House to point seven. For the benefit of those who are remaining in the House, point seven reads as follows. Point seven reads as follows. It’s a pity that hon Labuschagne is moving out. It says that no point of order may be raised in response to a ruling given in terms of Subrule 4.
Mr W A S AUCAMP: Then start to make the right rulings. You are a disgrace. You are a disgrace; an absolute disgrace!
The CHAIRPERSON OF THE NCOP: Subrule 4 says that if the delegate fails to comply with Subrule 3, which states “... raising a point of order must refer to the exact rule”, the presiding officer may require him or her to do so, and if he or she fails or does not adequately do so, the presiding officer may summarily rule that it does not amount to a point of order or that the matter is out of order.
So, hon members, this abuse of the point of order really creates difficulties for the House. So, I will once more urge
that we desist from abusing the point of order to raise our own argument or to contest the point of view that is being raised by the speaker at the time, and so on. We won't necessarily go through this point, but we will proceed with hon Dodovu. Hon Dodovu?
Mr T S C DODOVU: Hon Chairperson Amos Masondo, Deputy Minister of Police the hon Cassel Mathale ... [Interjections.] ...
The CHAIRPERSON OF THE NCOP: Hon Dododvu, just before you proceed, I am told that the hon Mohai is on the platform. Chief Whip?
The CHIEF WHIP OF THE NCOP: Thank you very much Chair. My apologies hon Dodovu. Chair, I've been raising my hand, but the issue which I've got a problem with, which I suggest should not be left unattended and must be referred to the relevant structure, is for the hon member, unprovoked in the House, leaving this House, saying that the Chairperson of the House is a disgrace. That is hon Aucamp. I believe that such matters would not be left unattended, and the appropriate structure should deal with such kind of conduct, because deliberately when members leave this House, without the Chair having reprimanded another member proceeded and they act in
another they act is to want to sink the house. So, I really don't approve of that and the many comments that were made, but specifically that member’s utterances leave much to be desired. Thank you.
The CHAIRPERSON OF THE NCOP: That point is noted. I guess in the near future you'll have to come back in a pointed way and raise these matters to reinforce the rulings of this House.
Hon Dodovu, please proceed.
Mr T S C DODOVU: Hon Chair, I'm standing before you today like all other members to join the debate on a very critical issue that is ravaging our communities and our economy, the rise of extortion and protection fees syndicates. I listened carefully to all the speakers before me especially from the opposition benches, quarrelling, bickering, and even fighting not only about the origin of this extortionist and syndicates, which have ravished our country. But the speakers of different political parties differ fundamentally on how to deal with the scourge, which has profound negative implications to the economy of our country, especially in our townships.
Hon Brauteseth from the DA, started on the wrong footing using the problem of syndicates and mafias as a tool to gunner votes for 2024 general elections.
Hon Magwala from the EFF couldn't wait for his turn, and when he was given an opportunity, he not only delivered junk speech, but he embarked on an election tie rate, splashing a toll-free number he doesn't even know himself.
Hon Badenhorst from the DA spend all the time using the Police Minister as his punching back and a dumping ground of his agony and frustration for the DA led failure to deal with the problems of syndicating the Western Cape, which is the highest in the country.
Hon Londt, who has just spoken here is obsessed with the ANC and Luthuli House. He halts insults at the ANC and its members. He directed all these vitriolic attacks, and I will not take this opportunity hon Chair, to stoop at this level of negativity, of insults and pessimism, because he will definitely beat me with experience.
Hon Chair, as we quarrel bicker and even fight like we did this afternoon; the truth is as follows. Every day, heavily
armed extortion gangs paralyse projects worth billions of rands. The murders, construction mafias have brought many companies in our country to their knees. These syndicates have been a terrible nightmare for construction companies who just want to finish their projects.
Indeed, as it was repeatedly said this afternoon, they demand 30% cut from companies and force businesses to pay a protection fee. In the City of Matlosana where I come from, these syndicates are rife in the townships of Jouberton, Kanana and Khuma. They have manifested themselves in different forms like zama zamas, gangsters and business forums.
These syndicates are involved in the acts of murder, illegal possession of firearms, intimidation, assault, damage to property, pointing guns, kidnapping, trespassing, and extortion. In the township of Khuma specifically, these syndicates use foreign nationals and are involved in the acts of murder, illegal possession of firearms, money laundering, and conspicuous display of debaucheries, expensive vehicles, and fraud. But we are happy, hon Chair, that the police have started to root them out one by one. And the police have also intensified their work, with their results expected in a few weeks.
Hon Chair, there's no doubt that our township economy fuelled by the resilience and entrepreneurial spirit of our communities, has long been a vital part of our nation’s economic fabric. However, the threat posed by the extortion and protection fees syndicates disrupts the peace, tranquillity, and security necessary for our economy to thrive.
Through Operation Shanela, the SA Police Service, has been playing a very important role in decreasing the scourge of extortion and protection fees syndicates. This operation is a testament to the government's dedication to creating a safe and secure environment for our communities and businesses.
These operations must be intensified in the affected areas.
Hon Chair, the government emphasized its commitment to cracking down on the construction mafia and other gangs involved in the extortion of businesses across the country, and that is welcomed. Those who are involved in such activities, whether in the taxi and construction industries or zama zamas, must be held accountable for their wrongdoings.
We welcome the fact that 20 economic infrastructure task teams have been established throughout the country with 18 and
district and two at provincial level consisting of 947 experienced personnel. These task teams have made significant progress in combating extortion and other crimes, with 4 000 arrests related to damage to essential and critical infrastructure since their establishment between June 2022 and June 2023.
We welcome the arrest of 40 suspects for extortion at construction sites and equally welcome 3 000 illegal miners where they confiscated copper, rail tracks and other materials. Furthermore, hon Chair the government, we say the government must deploy more resources to make the task teams even more effective.
Twenty million rands which has been ring-fenced and allocated for their operational needs in 2022-23 financial year and
R17 million in the current financial year is not enough. And we call on the government to increase it, considering that the construction mafias have morphed into gangs that went around intimidating businesses. This emphasizing the need for continued support and more resources for the task teams to curb these types of crimes.
Hon Chair, businesses, especially small enterprise are hard hit by the financial losses caused by extortion leading to reduced investments, stifling growth and in some cases, complete closure. This in turn leads to job losses and reduced economic activity within our communities. I want to put this problem into context on Chair, it is essential to understand that extortion is not only a financial problem, but also a social problem that affects the fabric of our communities. It creates a climate of fear and security. It has far reached and profound consequences beyond the immediate financial losses.
People may be reluctant to start new businesses or invest in existing ones, knowing that they may become targets of extortion. This can stifle entrepreneurship and innovation and prevent our communities from reaching their full potential.
Furthermore, hon Chair, extortion can also have a negative impact on the reputation of our communities and our country as a whole. It can deter potential investors and tourists and create an image of lawlessness and instability. This can have long term consequences for our economic growth and development.
While our township economy faces several challenges, such as lack of access to capital, inadequate infrastructure and skills gaps, there are also numerous opportunities for growth and development. By leveraging the talent and creativity within our communities, we can foster innovation and create sustainable livelihoods.
Supporting township entrepreneurship is of crucial importance to our economic growth. Initiatives that provide access to capital, training programmes and mentorship opportunities must be encouraged. We must create a supportive ecosystem that not only nurtures the growth of our small businesses but also enables them to thrive and compete on a larger scale.
Hon Chair, revisiting procurement processes to prioritise and support local entrepreneurship is also one of the ways to support our local companies to ensure that they have access to business opportunities and can contribute to job creation and economic growth within the townships. Our approach to township economic development therefore must be comprehensive and holistic, encompassing not only economic aspects but also social and infrastructure development.
Collaboration and partnership are quite important, especially between government, the private sector and community organizations. They must work together to drive sustainable development.
Hon Chair, as I pointed out, to discourage extortion as a business venture, strong law enforcement and judicial responses are crucial. To the extortionist and syndicates, I say, say you think that you are untouchable. You act with impunity, thinking that we are lawlessness. You want to turn our country into a banana republic.
As history will show, hon Chair, the mafia gangs have been dealt with in many parts of the world especially in America, and in Italy, there were Al Capone and the Sicilian gangs which were dealt with. I want our government, and everybody involved to take that spirit in terms of rooting them out in our communities. Additionally, hon Chair, we need to encourage community cooperation and reporting of explosion activities to relevant authorities.
In conclusion, hon Chair, condemning these disruptions and subsequent extortions linked to these syndicates is not enough. As different political parties, especially in this
House and elsewhere, it is important that we speak with one voice in condemning side disruptions and extortions affecting our communities.
We must encourage the collective effort from all stakeholders, as I said, the government especially, the private sector, as well as our communities. It is even more important hon Chair, that we act together to root out these illegal practices which are bringing disrepute and dragging away investments in the South African construction and property sector.
I wish to reiterate, therefore, that apportioning blame, pointing fingers, and playing politics over such a sensitive and emotive issue will not eradicate it. The time is now. I argue that we need to practice what we preach. Our hands must be on deck. We must do everything within our power to deal with extortionists, construction mafias and syndicates. Thank you very much hon Chair.
The DEPUTY MINISTER OF POLICE (Mr C Mathale): Thank you very much, Chairperson, and thanks to members of the NCOP who participated in the debate, MECs and permanent delegates who are part of this deliberation. It was a debate intended to
ensure that this remain an agenda item in the country and that government, in particular, is dealing with this.
There are issues that were raised, and there is nothing that we can do about some of them - in particular, the obsession and the hatred that some members of the House have towards the Minister of Police. It is more personal than any other thing. I think we cannot deal with personality issues.
Members came to talk here, particularly from the opposition. It is unfortunate that some of those who came to comment here are our colleagues, people that we work with in the Minmec, in particular MEC Allen from the Western Cape. They misrepresent facts in terms of things that have happened or currently happening in the Western Cape, around the role that SA Police Service is playing in that space, led by Minister Cele.
He led a delegation which I was part of when we met with the Premier of the province and the leadership of the metro to discuss issues of crime in that part of our country. Our response was to establish a task team. The task teams that they are talking about here are as a result of that particular process.
Of course, I must respect him because, in some of the input that he made, he did acknowledge that they succeeded because police are part of the teams that are dealing with the challenges with which we are confronted. I must say that it is correct that we are working together there in the Western Cape, led by Lieutenant-General Patekile, the Provincial Commissioner, who work with the law enforcement. We appreciate the contribution by the metro in the fight against crime.
However, an assession that suggests that the SA Police Service is not coming on board is completely unfounded.
There was also a comment by hon Badenhorst that tried to make an impression that there is an unwillingness to collaborate, particularly from the side of crime intelligence. That is very much inaccurate. You will not come here and present things that are not factual, like for example, saying that the personnel in the SA Police Service is enough. It is not enough. We have said that publicly on various platforms, including yesterday at the National Assembly.
In response to that, the President of the Republic, for the first time, made an intervention that we should train over
10 000 new police recruit - a thing which has never happened in the history of this country. In 2019 we trained 5 000 and
because of Covid-19, we stopped on the program. Last year, we were going to train 5 000, but through the intervention of the President and with the support of the Minister of Finance, we were allowed to train an extra 5 000, to make it 10 000.
Our institutional capacity was not able to absorb this and were forced to expand, to go to the military to ask for extra space. During this financial year, again, we are going to graduate another 10 000 on 15 December, and we are going to recruit another 10 000, to augment and strengthen the personnel in SA Police Service, led by the President.
I think we should appreciate good when it is being done. It is inaccurate that the President responded because the hon Brauteseth had raised that he must do certain things, and as a result he responded. That is not correct. The President has been decisive and he has been providing leadership in our response - and we are responding.
There are people who are not happy with the outcome that Operation Shanyela has started to yield. They evaluate the program as a program that is not yielding results. Since its implementation, we have arrested thousands of wanted criminals
who, as I speak today, they are facing the consequences of their plans.
We are responding. We are not going to co-govern with criminals. We are certain and convinced that collaborating with our people and all spheres of government, victory is certain. Thank you very much, Chairperson for the opportunity, for us to discuss this important topic. Thank you very much.
The CHAIRPERSON OF THE NCOP: Thank you very much, hon Mathale. I would like to take this opportunity, hon delegates, to express an appreciation to the Deputy Minister for being part of the proceedings. We also extend a similar appreciation to permanent delegates, MECs, all special delegates and the Salga representatives for availing themselves.
Debate concluded.
Business of the Council completed.
The Council rose at 17:26.
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