ATC151022: Report of the Select Committee on Social Services on an Oversight visit to the Rustenburg Local Municipality in the North West and the West Rand District Municipality in Gauteng, from 17 to 21 August 2015, dated 20 October 2015.
NCOP Health and Social Services
REPORT OF THE SELECT COMMITTEE ON SOCIAL SERVICES ON AN OVERSIGHT VISIT TO THE RUSTENBURG LOCAL MUNICIPALITY IN THE NORTH WEST AND THE WEST RAND DISTRICT MUNICIPALITY IN GAUTENG, FROM 17 TO 21 AUGUST 2015, DATED 20 OCTOBER 2015.
TABLE OF CONTENTS
2. STRATEGIC FOCUS OF OVERSIGHT VISIT. 3
3. FOCUS AREAS OF THE OVERSIGHT VISIT. 5
3.1 Human Settlements: Marikana Extension 2 Project 5
3.2 Human Settlements: Housing for Military Veterans. 5
3.3 Home Affairs: Lindela Repatriation Centre. 6
4. SITES VISITED DURING THE OVERSIGHT. 7
4.1 Thusanang Housing Project, Bokamoso Extension 1. 7
4.1.3 Recommendations and Issues for follow-up. 8
4.2.3 Recommendations and Issues for follow-up. 10
4.3 Housing for Military Veterans. 10
4.3.3 Recommendation and Issue for follow-up. 10
4.4 Lindela Repatriation Centre. 11
4.4.3 Recommendations and Issues for follow-up. 14
- Ms LC Dlamini – Chairperson: Select Committee on Social Services
- Mr HB Groenewald
- Ms TK Mampuru – Whip
- Ms TG Mpambo-Sibhukwana
- Ms PC Samka
- Mr DM Stock
- Ms L Matthys
- Mr M Khawula (Apology)
- Mrs LL Zwane (Apology)
- Ms MF Tlake (Apology)
PARLIAMENTARY OFFICIALS
- Ms Marcelle Williams – Committee Secretary
- Ms Thabile Ketye – Content Advisor
- Mr Gunther Mankay – Committee Assistant
- Mr Mkhululi Molo – Committee Researcher
- Mr Sean Whiting – Committee Researcher
1. INTRODUCTION
The Select Committee on Social Services (hereinafter, the Committee) conducted an oversight visit to two provinces – North West and Gauteng. The oversight visit took place during the week of 17 and 21 August 2015. The decision to conduct oversight visits at these two areas followed a decision taken during the National Council of Province’s (NCOP) Strategic Planning session held on 1-2 September 2014 and Annual Planning Session held on 24-25 March 2015.
In North West, the Committee visited Rustenburg which is located within the Rustenburg Local Municipality. The purpose of the visit was to conduct oversight on the human settlements revitalisation of mining towns’ project, particularly Marikana Extension 2 Breaking New Ground (BNG) and the Community Residential Units (CRU) projects; and housing for military veterans’ project. In Gauteng, the Committee visited Krugersdorp which is located within the West Rand District Municipality. The purpose of the visit was to conduct oversight at the Lindela Repatriation Centre, which falls within the territory of the Department of Home Affairs.
This report provides an overview of the areas the oversight focused on, highlights the findings from the sites that were visited, and reported challenges. Based on these, recommendations and issues for follow-up were identified and made.
2. STRATEGIC FOCUS OF OVERSIGHT VISIT
In line with the National Development Plan (NDP), Medium Term Strategic Framework (MTSF), priorities of the Fifth term of Parliament, and the mandate of the Committee, the oversight undertaken in Rustenburg and Krugersdorp focused on two key portfolios: Human Settlements and Home Affairs.
2.1 Human Settlements
The NDP which serves as a premise to the Committee’s plan and programme of implementation, highlights the importance of reaching a minimum standard of living for all South Africans by 2030. A key mechanism of realising this is through a holistic multi-pronged approach. In the NDP the elements of a decent standard of living are listed in no chronological order as:
· Nutrition
· Healthcare
· Housing, water and sanitation, and electricity
· Clean environment
· Education and skills
· Safety and security
· Employment
· Recreation and leisure
· Transport
The Committee’s oversight visit is in line with the highlighted pillars of the NDP (and as indicated previously the priorities of the Fifth term of Parliament and the mandate of the Committee). Chapter Eight of the NDP highlights the objectives and actions required to transform human settlements. The revitalisation of mining towns programme and housing for military veterans are two of the many priority projects for the Department of Human Settlements (DHS).
Human settlements as defined in the NDP and other strategic policy documents, refers to a provision of not only houses but elements that will ensure people live in a community with all the basic amenities. A lot of infrastructure comes into play in relation to provision of human settlements. These include but are not limited to planning, building and provision of water and electricity. This also has its complexities because planning takes place at the local level; building of houses is a provincial level responsibility; and provision of water, sanitation and electricity is split between the departments responsible for bulk services and reticulation.
2.2 Home Affairs
The NDP notes the need for people living in South Africa to feel safe and enjoy a community life free of fear, which has a direct impact on the need for effective internal control of immigration detention centres in the country. Likewise, Outcome 6 of the MTSF (also) highlights the requirement that the identity of all persons in South Africa be known and secured, which would not be possible without effective border management and immigration control.
3. FOCUS AREAS OF THE OVERSIGHT VISIT
In terms of assessing progress in the implementation of the identified programmes and projects, the Committee focused on the following imperatives.
3.1 Human Settlements: Marikana Extension 2 Project
For the purposes of this aspect of the oversight visit, the Committee focused on the following:
• Housing Needs Register (HNR): The Committee wanted to know the status of the HNR and the reasons for not finalising a list of beneficiaries during the planning phase.
• Beneficiaries of Marikana Extension 2 human settlements project: The Committee was interested in the human settlements policy; agreements made in relation to the land donated by Lonmin; and the policy implications around beneficiaries of the Marikana Extension 2 project. Further, the Committee wanted to know what the Department was doing to ensure the rightful beneficiaries of the project benefit accordingly, taking into account the housing needs of mineworkers.
• Delays in the completion of Phase 1 of the Marikana Extension 2 project: It had been reported that the units were supposed to be handed over in July 2015, however the project was running behind schedule. The Committee wanted to know the reasons for the delays, what the new/envisaged hand-over timeframes were; and the financial implications due to the delay. In addition, the Committee wanted to know any other challenges experienced with the housing projects in Marikana Extension 2.
3.2 Human Settlements: Housing for Military Veterans
The norms and standards for a Military Veteran’s house were set out as follows:
The size of the house must be at least fifty square metre - that is the gross floor area. There should be ceilings and insulation for the entire house. The interior wall must be plastered and painted. The house must have two bedrooms, a combined kitchen/living area and a kitchen basin. There must be floor tiles throughout the house, fitted kitchen cupboards, a stove and a solar water heating device with hot and cold water taps. Each house must have basic electricity installation comprising at least one light in each room, two lights in the combined kitchen/living area and an electrical plug in each of the bedrooms and two plugs in the combined kitchen/living area. Outside there must be a single carport with paving, with a perimeter fence for their entire property.
The Committee envisaged focusing on the projects that had been concluded to assess whether the houses are built to specifications of a Military Veterans’ house as outlined in the Department of Military Veterans (DMV) Memorandum of Understanding (MoU) with the DHS.
3.3 Home Affairs: Lindela Repatriation Centre
For the purposes of this aspect of the oversight visit, the Committee focused on the following:
- The state of the Lindela Repatriation Centre and conditions which detainees stay in.
- Management of the facility and the terms of service between the company outsourced to manage the Centre and the DHA.
- Compliance with Section 42 of the Immigration Act of 2002, which stipulates that a police or immigration officer can detain a person suspected to be an illegal immigrant for up to 48 hours to verify the status of the detained person. After 48 hours, the detained person can be charged criminally or issued with a deportation warrant. The deportee is entitled to request a court to confirm deportation or to make an appeal against the deportation. If the deportation warrant is issued, the person can be detained for up to 30 days and a further 90 days with a court warrant. The maximum detention is 120 days.
- Occupation of the office space provided to the South African Human Rights Commission to enable day-to-day monitoring of conditions at the centre. The South African Human Rights Commission should seriously consider taking up the offer, if it has not, or explain why it is not possible to do so.
- How the DHA deals with the detainees that are alleged to intentionally refuse to identify their country of origin.
4. SITES VISITED DURING THE OVERSIGHT
The Committee received briefings from the role-players and stakeholders in the form of PowerPoint presentations prior to undertaking site visits. The briefings were followed by discussions where the Members of Parliament (MPs) asked questions to explore and probe on issues raised (during the presentations).
Information presented in this report therefore comes from the information collected from presentations and observations.
4.1 Thusanang Housing Project, Bokamoso Extension 1
4.1.1 Findings
The Committee was taken to view the show houses at Bokamoso Extension 1. This project is jointly funded by Anglo American Mine and the Rustenburg Local Municipality. It caters for five informal settlements in the area. The first phase will comprise 1,600 units, and 4,000 units over four phases in total. It was reported that this financial year the focus is on services and after that houses will be constructed.
The national Department required forty square metre houses. The Department of Local Government and Human Settlements will be building forty-five square metre houses with two bedrooms. Each house will have a water tank. These will be semi-detached houses due to space and densification challenges.
It is envisaged that the Local Municipality will take over the services once the projects have been completed.
4.1.2 Challenges
It was reported by the Project Manager on-site that the main challenge is that there are voluminous rocks on site which requires them to undertake a lot blasting. They were busy with the blasting.
The Committee was concerned about the size of the units as they did not appear to be essentially appropriate for family sizes. However it was indicated that the Local Municipality is conducting an assessment for future projects with the intention of coming up with a new model housing unit which will be a sixty square metre house with three bedrooms. In addition, social amenities like a playground or park were being considered.
4.1.3 Recommendations and Issues for follow-up
The Committee proposed that the Local Municipality prioritise early childhood development (ECD) centres. Further, the Committee recommended that the Department and Local Municipality consider the following:
- Constructing a recreational or multi-purpose centre.
- Extending the Urban Settlement Development Grant to secondary cities like Rustenburg.
- Developing and implementing a social labour plan with a focus on educational facilities for residents in the area.
4.2 Marikana Extension 2
Fifty hectares of land were donated in October 2013 by Lonmin (mining house) to the Department of Human Settlements (DHS), Public Safety and Liaison of the North West Province and Rustenburg Local Municipality. The aim was for local government to develop the land into new integrated human settlements, comprising a range of high and low-density residential houses together with all associate municipal services. This donation formed part of Lonmin’s commitment to support the Presidential initiative to improve living conditions and support the development of a vibrant, sustainable and dignified lifestyle for the people living in the Marikana area. Once the land was available, the North West Department of Local Government and Human Settlement started assessing informal settlements around Marikana. The assessment of those informal settlements was subsequently concluded.
The first phase of construction comprises 292 Breaking New Ground (BNG) – previously known as RDP homes – and 252 community residential units (CRU). The Department announced that its target was to build a total of 2600 units which would comprise BNGs, CRUs, social housing and the Finance Linked Individual Subsidy Programme (FLISP) over a period of three years to respond to the housing needs within the Marikana community.
4.2.1 Findings
The land donated by Lonmin was for the broader Marikana community, thus including mineworkers. The Department undertook an extensive planning process which resulted in the decision to densify the area as a way of maximising the space available. The town planning process to encompass densification has been completed and approved.
The Department of Local Government and Human Settlements provided subsidies and appointed developers for the first phase of development (which is the construction of the 292 BNGs and 252 CRUs). The Marikana Extension 2 human settlements is underway. Construction is expected to be completed, with hand-over to beneficiaries by the end of the year.
The size of the CRUs varies from thirty-seven to fifty square metres. The size of the BNGs is fifty square metres. It was reported that that people with disabilities would be able to be accommodated, and the Department would take that into account when allocating. The income bracket for CRUs is between R800.00 andR3,500.00.
4.2.2 Challenges
Delays in construction were caused by the following reasons which have been addressed in the main:
- Work stoppages by subcontractors.
- Community threats of illegal occupation upon completion.
- Threats from mineworkers who were demanding that houses be allocated to 34 bereaved families of the massacre that took place on 16 August 2012 in Marikana.
The Department reported that although the first phase of the project was going ahead smoothly, there was a potential of hiccups in relation to provision of bulk services (water, sanitation, electricity, roads and storm water) in the latter phases.
4.2.3 Recommendations and Issues for follow-up
The Committee recommended that project timeframes be maintained to ensure completion and hand-over takes place accordingly by the end of the year. Further, the DHS and relevant stakeholders should urgently conclude the policy and/or implementation plan regarding a subsidy for mineworkers so they can qualify for houses.
4.3 Housing for Military Veterans
There are two housing streams: Housing Subsidy Scheme and Department of Military Veterans (DMV) top-up funding. The houses are estimated to cost R188, 884.00. The subsidy cost is R110,947.00. The DMV is liable for the top-up cost of R78,000.00.
4.3.1 Findings
The Committee only received a briefing in this regard. It was reported that there are no military veterans’ houses in Rustenburg.
4.3.2 Challenges
The Committee found that t main challenge is the database of military veterans. In addition to this, the Department raised the following challenges which it had started to mitigate:
- Slow release of service stands for construction.
- Tracing /locating beneficiaries.
- Beneficiaries that already have big structures in their yards but require houses.
- Beneficiaries who did not qualify because of earning above the salary bracket stipulated in the project requirements.
4.3.3 Recommendation and Issue for follow-up
The Committee recommended that the Department revisit the database of military veterans, and find a mechanism of properly determining and capturing the military veterans.
4.4 Lindela Repatriation Centre
The Lindela (which means a place of waiting) Repatriation Centre is the largest facility for holding undocumented migrants in South Africa. It is a transit facility. It is a centralised detention and processing centre for undocumented migrants under the ambit of the DHA. It was established in 1996.
Migrants who are due to be deported or who are appealing deportation are kept at the Centre while they are being processed. The day-to-day running (or management) of the Centre is outsourced to a private company called Bosasa Group.
4.4.1 Findings
The DHA is responsible legally and administratively for the Lindela Repatriation Centre, although it is managed by Bosasa Group. Bosasa Group first received the contract in 2005 (for a ten-year period). Since then the contract has been reviewed every three years. The monthly management costs are estimated at just over R8 million.
The facility accommodates 4,000 detainees but where possible try to limit it to 1,500. The number and country of origin of detainees varies on a weekly basis. Most of the detainees are males. At the time of the site visit the total inmate population as at 07h00 on 20 August 2015 was 3,962. This was the breakdown of detainees at the Lindela Repatriation Centre by country.
|
COUNTRY OF ORIGIN |
NUMBER OF DETAINEES |
|
Malawi |
1,780 |
|
Zimbabwe |
1,233 |
|
Mozambique |
438 |
|
Lesotho |
168 |
|
Tanzania |
114 |
|
Nigeria |
58 |
|
Democratic Republic of the Congo |
34 |
|
Burundi |
25 |
|
Kenya |
18 |
|
COUNTRY OF ORIGIN |
NUMBER OF DETAINEES |
|
Swaziland |
12 |
|
Ghana |
11 |
|
Angola |
10 |
|
Uganda, Zambia |
9 |
|
Botswana |
6 |
|
Sudan, Cameroon |
4 |
|
Bangladesh |
3 |
|
Congo Brazaville, Gabon, India, Ivory Coast, Rwanda, Sierra Leon, Somalia |
2 |
|
Argentina, Bolivia, Brazil, Egypt, Eritrea, Ethiopia, Gambia, Morocco, Pakistan, Peru, Thailand, Venezuela |
1 |
Bosasa Group provides among others the following management services at the facility:
- Accommodation: Women and men live in separate quarters at the facility. Each of the rooms has a shower, toilet, wash basin with dispensing units, and a television. Rooms accommodate about 30 people with each person having their own bed. Each room is fitted with double-bunk beds, mattresses and blankets.
- Catering: Detainees receive three meals a day. The Centre makes use of services from a Registered Dietician who ensures the meals provided are balanced and nutritious, and Diabetics are catered for.
- Health and safety: The Centre had medical services for detainees that are accessible on a voluntary basis. There is a General Practitioner and two nurses. There is an ambulance services for referrals to hospital on serious cases. For example, persons are sent to Leratong Hospital for tuberculosis (TB) screening. With regards to safety and security, there are security guards at the facility. In addition, there is an electronic surveillance system throughout the Centre except for the rooms the detainees sleep in.
- Recreation: According to the report provided during the oversight visit, detainees are allowed to stay outside their rooms between 06h00 and 17h00; and to participate in recreational activities (during those hours).
In addition, Bosasa Group is responsible for day-today administration, maintenance and technical services at the facility; and had provided Office facilities for Consulates and the South African Human Rights Commission (SAHRC). The DHA indicated that the SAHRC can inspect conditions and records at the facility, and will be able to oversee access by civil society organisations. In addition, the DHA reported that it will be appointing an independent inspecting Judge.
Detainees are kept separately from those awaiting criminal trials. The DHA works with the Department of Social Development (DSD) to determine the age of the deportees who are suspected to be minors this. According to the report provided, this process usually takes place within 24 hours. Minors, families and pregnant women are not accepted at the facility but are taken to places of safety.
There is a Trafficking Unit which checks on papers and can prosecute those who smuggle people and hold them in bondage. There is also a Tracing Unit for people who apply for visas from across the world. The Unit checks their duration of stay, conduct movement control and monitors overstay lists. At the time of the oversight visit there were a number of pending cases from migrants who come from countries outside the continent.
4.4.2 Challenges
The SAHRC was offered office space at the facility but has not yet occupied it. However there is a protocol underway with the Commission.
Generally, illegal migrants do not want to indicate their place of origin at the fear of being deported. Others only specify when they are threatened of being charged criminally. The DHA goes through an exhaustive process to identify the detainees’ place of origin. This includes liaising with respective Embassies.
One of the challenges is around costs for deportation. Deportees do not pay for the deportation to their respective countries of origin. Further, some of them come into the country to work and their employers cannot be charged for employing illegal migrants. At the time of the oversight visit it was reported that South Africa pays for flights when deporting illegal migrants.
The DHA experiences cases of what they refer to as the revolving door syndrome. There is no guarantee that once illegal migrants have been deported to their respective countries that they won’t come back to South Africa illegally. The December period was reported to be the busiest as some illegal migrants come into the facility with assets requiring to be deported. However, this is continuously monitored by the DHA.
4.4.3 Recommendations and Issues for follow-up
The Committee recommended that the DHA assess or investigate the following:
- Options of having deportees formally charged and sentenced in South African prisons;
- Having detainees pay for their own deportation; and/or
- Having agreements with the deportees’ respective countries of origin in respect of funding of deportation costs.
5. CONCLUSION
The Committee undertook oversight on the Department of Human Settlements revitalisation of mining towns in North West, with a specific focus on Marikana Extension 2 BNG and CRU project, and the housing of Military Veterans project; and the Lindela Repatriation Centre in Gauteng, which falls under the ambit of the Department of Home Affairs.
The sites were visited with various stakeholders and role-players, including Members of Parliament from the North West Provincial Legislature, provincial and national Departmental officials.This proved to be a fruitful exercise as it enabled the stakeholders and role-players to see and understand progress made in relation to the projects.
The Committee deliberated and concluded that in the main, the following are crucial in strengthening the projects visited:
- The importance of taking into account policy implications during the planning phase of projects.
- The need for strengthened inter-governmental relations and thus better coordinated collaboration.
- The importance of ensuring that Military Veterans are correctly registered in the database and accordingly benefit from the housing project.
- The importance of ensuring that the list of beneficiaries who are meant to occupy the CRUs and BNGs is captured appropriately, and allocations are done according to the housing register’ and in line with policy.
- Comprehensive monitoring and reporting of progress.
Following this undertaking, the Select Committee on Social Services will (continue to) undertake oversight on the identified projects.
Report to be considered
Documents
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