National Assembly - 27 February 2002

WEDNESDAY, 27 FEBRUARY 2002 __

                PROCEEDINGS OF THE NATIONAL ASSEMBLY
                                ____

The House met at 15:01.

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

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.

QUESTIONS AND REPLIES - see that book.

                          NOTICES OF MOTION

Mr M S BOOI: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

That the House - (1) notes the statement by the Deputy National Police Commissioner André Pruis that the occurrence of 17 out of 20 priority crimes has diminished or stabilised;

(2) recognises that serious crimes such as murder were down by nearly 5%, housebreaking by 3,4% and vehicle theft by nearly 3% during the first nine months of 2001;

(3) commends all those involved in fighting crime, the criminal justice system, community police forums and neighbourhood watches; and

(4) calls on all South Africans who are committed to the wellbeing of our country to participate in Letsema, the ANC campaign of the year of the volunteer, which during this month focuses on safety and security.

[Applause.]

Ms R TALJAARD: Chair, I hereby give notice that I shall move: That the House -

(1) notes the lamentable resignation of Dr Gavin Woods as chairperson of the Standing Committee on Public Accounts;

(2) further notes documents released by Dr Woods highlighting:

   (a)  substantive shortcomings in the JIT's arms probe report; and


   (b)  interventions in the committee's own efforts to probe the
       defence procurement;

(3) expresses its gratitude to Dr Woods for his fiercely independent chairpersonship of Scopa;

(4) calls on all role-players to recognise that Scopa is at a crossroads; and

(5) calls for a full commitment to an independently chaired nonpartisan public accounts committee to prevail in the interests of sound public financial management.

[Applause.]

Dr R RABINOWITZ: Chairperson, I hereby give notice that on the next sitting day of the House I shall move:

That the House -

(1) notes that -

   (a)  the central feature of the Government's Aids policy is: ABC -
       Abstain; Be faithful; Condomise;


   (b)  condom week has come and gone;


   (c)  there is very little attention paid to use of the female condom;
       and


   (d)  use of the female condom will assist women to gain control over
       their sex lives; and

(2) calls on the Ministers of Health and of Trade and Industry to -

   (a)  promote production and distribution of female condoms in South
       Africa and to popularise their use; and


   (b)  ensure that these are made freely available to women at many
       public outlets and become as much part of our psyche as male
       condoms.

The CHAIRPERSON OF COMMITTEES: ANC, the hon M G Buthelezi.

Miss M N BUTHELEZI: Chairperson, I am M N Buthelezi.

The CHAIRPERSON: M N Buthelezi? Oh, it is written here as M G! Sorry about that. [Laughter.] The MINISTER OF HOME AFFAIRS: Chairperson, there is only one M G Buthelezi in this House.

The CHAIRPERSON: Sorry, hon Minister. That is what is written on this list.

I now call the hon M N Buthelezi!

Miss M N BUTHELEZI: Chairperson, I shall move on behalf of the ANC:

That the House -

(1) notes -

   (a)  that the Tshwane metropolitan police launched its police force
       on Saturday; and


   (b)  reports that members of eThekwini municipality have pledged to
       join the police force in fighting crime;

(2) believes that these initiatives will make a significant contribution to the eradication of crime and corruption; and

(3) commends Tshwane and eThekwini municipalities for embarking on these bold steps to fight crime.

[Applause.]

Mnr I J PRETORIUS: Agb Voorsitter, hiermee gee ek kennis dat ek namens die Nuwe NP op die volgende sittingsdag sal voorstel:

Dat die Huis -

(1) die Suid-Afrikaanse Polisiediens en die Departement van Binnelandse Sake gelukwens met hulle aanslag op korrupsie in dié departement, wat gelei het tot die onlangse inhegtenisname van -

   (a)  'n Nigeriese burger wat na bewering paspoorte, huweliks- en
       sterftesertifikate vervals het; en


   (b)  ses amptenare van die Departement van Binnelandse Sake, asook 'n
       prokureur wat daarvan verdink word dat hy onwettige immigrante
       gehelp het om amptelike dokumente te verkry;


 2) daarvan kennis neem dat die Nuwe NP die daadwerklike optrede
    verwelkom en 'n beroep doen op die Departement van Binnelandse Sake
    en ander rolspelers om voort te gaan met proaktiewe stappe, totdat
    alle korrupsie in dié departement uitgewis is. (Translation of Afrikaans notice of motion follows.)

[Mr I J PRETORIUS: Hon Chairman, I hereby give notice that on the next sitting day I shall move on behalf of the New NP:

That the House - (1) congratulates the South African Police Service and the Department of Home Affairs on their attack on corruption in the department, which led to the recent arrest of -

   (a)  a Nigerian citizen who allegedly falsified passports, marriage
       and death certificates; and


   (b)  six officials from the Department of Home Affairs, as well as an
       attorney who is suspected of helping illegal immigrants obtain
       official documents; and

(2) takes note that the New NP welcomes this real action and appeals to the Department of Home Affairs and other role-players to continue taking proactive steps until all corruption in the department has been eliminated.]

Dr G W KOORNHOF: Mr Chairperson, I hereby give notice that on the next sitting day of the House I will move on behalf of the UDM:

That the House:

(1) notes that the Standing Committee on Public Accounts fulfils a vital oversight and accountability role within the South African Parliament and constitutional democratic order;

(2) acknowledges that the historical successes of Scopa over a long period of time were the result of the unanimous commitment, sound financial management and governance by all the parties represented in Scopa;

(3) expresses its concern that the emergence of overpowering partisan attitudes in the past year has resulted in a decrease in the quality and quantity of work generated by Scopa historically; and

(4) calls on all parties to co-operate towards the restoration of Scopa as an integral parliamentary mechanism to ensure that taxpayer money is spent properly and responsibly.

Mr D A A OLIFANT: Chairperson, on the next sitting day of the House I shall move on behalf of the ANC:

That the House -

(1) notes -

   (a)  the exciting plan to provide farmworkers from Haarlem in the
       Klein Karoo with shares worth R5 million in the Appelkloof
       farming company;


   (b)  that an additional 45 jobs will be created in the community; and


   (c)  that the French government has trained 20 Western Cape
       farmworkers in viticulture and also plans to open a wine academy
       in Cape Town;

(2) believes that both these initiatives provide major empowerment opportunities for formerly marginalised farmworkers;

(3) commends the French government and the farmers who own the Appelkloof farming company; and

(4) hope that these projects will serve as examples to others who are able to contribute to the empowerment of South African farmworkers.

Mr J P I BLANCHÉ: Mr Chairman, I hereby give notice that I shall move:

That the House -

(1) notes -

   (a)  the President's attitude towards Parliament and its
       institutions; and


   (b)  that by not replying to those who took part in the debate, he is
       sending a signal to the world and other nations that African
       leaders may ignore their opposition, and those who voted for
       opposition parties.

(2) calls on the President in future state of the nation addresses not to pay lip service in the national statement to his outreach to groups, but to start in Parliament by replying sensibly to the speeches of the Leader of the Opposition and other leaders who took part in the state of the nation debate.

Mnr C AUCAMP: Agb Voorsitter, hiermee gee ek kennis van die volgende voorstel namens die AEB:

Dat die Huis -

(1) sy misnoeë uitspreek met die optrede van die LUR van Gesondheid in Mpumalanga, me Sibongile Manana, wat die Superintendent van die Rob Ferreira Hospitaal in Nelspruit, Dr Thys von Mollendorff, ontslaan het bloot omdat hy getrou gebly het aan die eed van Hippokrates om te alle tye die belange van sy pasiënte op die hart te dra; en

(2) kennis neem dat -

     (a)     in die lig van die President se oproep tot Letsema, dit
          ironies is dat Dr Von Mollendorff se groot sonde juis was dat
          hy 'n vrywillige burgerlike organisasie, die Greater
          Nelspruit Rape Intervention Project, wat hul dienste gratis
          aanbied, betrek het by die taak om gesondheid in sy hospitaal
          te bevorder;


       b) aangesien Dr Von Mollendorff afgedank is omdat hy volgens die
          LUR nie regeringsbeleid ten opsigte van HIV uitgevoer het
          nie, die President konsekwent sal wees deur óf die LUR te
          repudieer en Dr Von Mollendorff in sy pos te herstel, óf die
          Premier van Gauteng, mnr Mbhazima Shilowa, te ontslaan omdat
          hy ook afwyk van regeringsbeleid deur nevirapine aan pasiënte
          in alle staatshospitale beskikbaar te stel. (Translation of Afrikaans notice of motion follows.)

[Mr C AUCAMP: Hon Chairman, I hereby give notice of the following motion on behalf of the AEB:

That the House -

(1) expresses its displeasure with the behaviour of the MEC for Health in Mpumalanga, Ms Sibongile Manana, who dismissed the superintendent of the Rob Ferreira Hospital in Nelspruit, Dr Thys von Mollendorff, merely because he remained true to the Hippocratic Oath, at all times to have the interests of his patients at heart; and

(2) notes that -

   (a)  in the light of the President's call to Letsema, it is ironic
       that Dr Von Mollendorff's great sin was precisely that he
       involved a voluntary civil organisation, the Greater Nelspruit
       Rape Intervention Project, which offers its services free of
       charge, in the task to promote health in his hospital; and


   (b)  Dr Von Mollendorff was dismissed, according to the MEC, because
       he did not carry out the Government's policy with regard to HIV
       and requests that the President be consistent by either
       repudiating the MEC and reinstating Dr Von Mollendorff in his
       post, or dismissing the Premier of Gauteng, Mr Mbhazima Shilowa,
       because he is also deviating from the Government's policy by
       making nevirapine available to patients in all state hospitals.]

Ms N V CINDI: Chairperson, I shall move on behalf of the ANC: That the House -

(1) notes that -

   (a)  since 1994, R10 billion have been invested to allow more people
       to access electricity; and


   (b)  more than 70% of the population now have access to electricity;

(2) believes that this remarkable achievement demonstrates the commitment of the ANC-led Government to create a better life for all; and

(3) commends the Government for providing this important service to our people.

Mr R S NTULI: Chairperson, I give notice that I shall move:

That the House -

(1) notes that everyone has the right to a basic education;

(2) further notes, with great concern, the irresponsible action by the local leadership of the Pan-Africanist Student Organisation, Paso, which forced principals to close schools indefinitely in Tsakane in Brakpan on the East Rand, thereby infringing on the fundamental right of thousands of learners to a basic education;

(3) strongly condemns intimidation at schools as a means of resolving problems, because it is unlawful; and

(4) urges the Gauteng Department of Education to resolve this crisis so that normal teaching and learning can be resumed without further delay.

[Applause.] Mr A M MPONTSHANE: Chairperson, I give notice that I shall move on behalf of the IFP:

That the House -

(1) notes -

   (a)  with concern that there are still a number of schools that
       refuse admission to children on account of fees and uniforms;
       and


   (b)  that the South African Schools Act lays down clear guidelines
       which forbid such practices; and

(2) therefore calls upon the provincial Ministries to issue new directives to both school principals and governing bodies, and to take action against those who deliberately contravene the Act.

Mr M J G MZONDEKI: Chairperson, I shall move on behalf of the ANC: That the House -

(1) notes that a landmark court case involving the use of child labour by farmers in the Western Cape led to a conviction of a farmer in Ceres on 12 February 2002;

(2) believes that this conviction sends a clear signal about the commitment of the ANC and the Government to uphold the rights of children and abolish the exploitation and abuse of children on all farms; and

(3) applauds all the concerned law enforcement officials for bringing the perpetrators to book.

[Applause.]

Mr C M MORKEL: Chairperson, on behalf of the New NP I hereby give notice:

That the House -

(1) notes the arrest and denial of bail to members of Paso in connection with the disruption of education for the developmental liberation of youth in Tsakane on the East Rand and Balfour in Mpumalanga;

(2) accepts that -

   (a)  the use of necessary force by the police was vital in protecting
       themselves and the affected schools;


   (b)  affected school governing bodies continue to make decisions on
       school fees and payment schemes in a participatory manner; and

(3) calls upon the PAC to confirm or deny that these incidents are part of a national strategy to take a destructive approach in dealing with the common challenges of youth development.

Mr S ABRAM: Chairperson, I give notice that I shall move:

That the House -

(1) notes that following hard on the heels of a recent increase in telephone rates, there is another increase in communication services fees, namely a 9% increase in postal services;

(2) expresses its concern that these increases have a disastrous impact on the poor by making it more expensive for them to access communication services;

(3) views this move by the postal services as extending the disparity between the haves and the have-nots;

(4) further notes that this increase in tariffs may be in contravention of the Post Office’s licence agreement; and

(5) calls on the Government to intervene and ensure that the poor do not suffer further and that the consumer is protected.

Mr N B FIHLA: Chairperson, I shall move on behalf of the ANC:

That the House -

(1) notes with concern reports that the Kokstad Prison remains closed owing to irregularities surrounding issues of nonpayment of electricity, water and rates by the people of Kokstad;

(2) recognises the intervention by the Department of Public Works through the establishment of a task team to resolve the problem amicably and speedily;

(3) believes that a speedy resolution lies with the people of Kokstad and the spirit of the people’s campaign, Vuk’uzenzele, which seeks to promote the involvement of the people in partnership with the task team; and

(4) calls on the people of Kokstad to co-operate with the department’s task team to resolve the impasse.

         NKOSI JOHNSON NOMINATED FOR WORLD CHILDREN'S PRIZE

                         (Draft Resolution)

Mr D H M GIBSON: Chairperson, I move without notice:

That the House -

(1) notes that -

   (a)  the late Nkosi Johnson has been nominated posthumously for the
       World Children's Prize, sometimes known as the children's Nobel
       Prize;


   (b)  this is a great honour and recognition of his legacy as an
       international Aids activist; and


   (c)  this award will bring much needed funding to Nkosi's Haven for
       children of mothers with Aids; and

(2) calls on all South Africans to pledge their support and vote for Nkosi so that more South African children can benefit from his legacy.

[Applause.]

Agreed to.

The House adjourned at 17:22. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

                      FRIDAY, 22 FEBRUARY 2002

ANNOUNCEMENTS: National Assembly and National Council of Provinces:

  1. The Speaker and the Chairperson:
 (1)    The Joint Tagging Mechanism (JTM) on 21 February 2002 in terms
     of Joint Rule 160(6), classified the following Bill as a section
     75 Bill:


     (i)     Media Development and Diversity Agency Bill [B 2 - 2002]
          (National Assembly - sec 75).

National Assembly:

  1. The following papers have been tabled and are now referred to the relevant committees as mentioned below:
 (1)    The following paper is referred to the Portfolio Committee on
     Agriculture and Land Affairs:
     The Strategic Plan for South African Agriculture.


 (2)    The following paper is referred to the Portfolio Committee on
     Transport:


     The Road to Safety 2001-2005, "Building the foundations of a safe
     and secure road traffic environment in South Africa".


 (3)    The following papers are referred to the Portfolio Committee on
     Finance:


     (a)     Proclamation No 64 published in Government Gazette No
          22924 dated 7 December 2001, Commencement of the Pension Funds
          Amendment Act, 2001 (Act No 65 of 2001), made in terms of
          section 5 of the Pension Funds Amendment Act, 2001 (Act No 65
          of 2001).


     (b)     Proclamation No 65 published in Government Gazette No
          22924 dated 7 December 2001, Commencement of the Pension Funds
          Second Amendment Act, 2001 (Act No 39 of 2001), made in terms
          of section 7 of the Pension Funds Second Amendment Act, 2001
          (Act No 39 of 2001).


     (c)     Government Notice No R.1256 published in Government
          Gazette No 22877 dated 30 November 2001, Financial instrument
          regulations, made in terms of section 6(1)(c) of the Unit
          Trusts Control Act, 1981 (Act No 54 of 1981).


     (d)     Government Notice No R.1370 published in Government
          Gazette No 22939 dated 13 December 2001, Regulations relating
          to representative offices of foreign banking institutions,
          made in terms of section 90 of the Banks Act, 1990 (Act No 94
          of 1990).


     (e)     Government Notice No R.1342 published in Government
          Gazette No 22907 dated 14 December 2001, Procedure for the
          imposition of penalties by the Registrar of Short-Term
          Insurance, made in terms of section 66(2) of the Short-Term
          Insurance Act, 1998 (Act No 53 of 1998).


     (f)     Government Notice No R.1343 published in Government
          Gazette No 22907 dated 14 December 2001, Procedure for the
          imposition of penalties by the Registrar of Long-Term
          Insurance, made in terms of section 68(2) of the Long-Term
          Insurance Act, 1998 (Act No 52 of 1998).

TABLINGS:

National Assembly and National Council of Provinces:

Papers:

  1. The Minister of Finance: (a) Report of the Auditor-General on the Financial Statements of the Reconstruction and Development Programme Fund for 1997-98 [RP 190- 2001].
 (b)    Report of the Auditor-General on the Financial Statements of the
     Reconstruction and Development Programme Fund for 1998-99 [RP 187-
     2001].


 (c)    Report of the Auditor-General on the Financial Statements of the
     Reconstruction and Development Programme Fund for 1999-2000 [RP
     188-2001].


 (d)    Report of the Auditor-General on the Financial Statements of the
     Reconstruction and Development Programme Fund for 2000-2001 [RP
     189-2001].
  1. The Minister for Justice and Constitutional Development:
 Proposed Regulations made in terms of the Promotion of Access to
 Information Act, 2000, submitted to Parliament in terms of section
 92(2) of the Promotion of Access to Information Act, 2000 (Act No 2 of
 2000).
  1. The Minister of Water Affairs and Forestry:
 Report and Financial Statements of the Sedibeng Water Board for 2000-
 2001.

                      MONDAY, 25 FEBRUARY 2002

ANNOUNCEMENTS:

National Assembly and National Council of Provinces:

  1. The Speaker and the Chairperson:
 (1)    The Joint Tagging Mechanism (JTM) on 25 February 2002 in terms
     of Joint Rule 160(6), classified the following Bill as a section
     75 Bill:
     (i)     Local Government: Municipal Finance Management Bill [B 1 -
          2002] (National Assembly - sec 75).


 (2)    The Joint Tagging Mechanism (JTM) on 25 February 2002 in terms
     of Joint Rule 160(6), classified the following Bill as a money
     Bill (section 77):


     (i)     Appropriation Bill [B 4 - 2002] (National Assembly - sec
          77).


 (3)    The Joint Tagging Mechanism (JTM) on 25 February 2002 in terms
     of Joint Rule 160(6), classified the following Bill as a section
     76 Bill:


     (i)     Division of Revenue Bill [B 5 - 2002] (National Assembly -
          sec 76).

COMMITTEE REPORTS:

National Assembly:

  1. Report of the Portfolio Committee on Finance on the Division of Revenue Bill [B 5 - 2002] (National Assembly - sec 76), dated 25 February 2002:

    The Portfolio Committee on Finance, having considered the subject of the Division of Revenue Bill [B 5 - 2002] (National Assembly - sec 76), referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, reports the Bill with amendments [B 5A - 2002].

                    TUESDAY, 26 FEBRUARY 2002
    

ANNOUNCEMENTS:

National Assembly and National Council of Provinces:

  1. The Speaker and the Chairperson:
 The following changes have been made to the membership of Joint
 Committees, viz:
 Improvement of Quality of Life and Status of Children, Youth and
 Disabled Persons:


 Appointed: Reid, L L R.
 Discharged: Bhengu, F.


 Improvement of Quality of Life and Status of Women:


 Appointed: Morutoa, M R.

National Assembly:

  1. The Speaker:
 The following changes have been made to the membership of Committees,
 viz:


 Agriculture and Land Affairs:


 Appointed: Dlali, D M (Alt); Gomomo, P J (Alt).


 Arts, Culture, Science and Technology:


 Appointed: Tolo, L J (Alt).
 Discharged: Chiwayo, L L; Gandhi, E; Sotyu, M M.


 Communications:


 Appointed: Morutoa, M R (Alt).


 Correctional Services:


 Appointed: Durand, J (Alt); Van Deventer, F J.


 Defence:


 Appointed: Dlali, D M.


 Education:


 Discharged: Mothoagae, P K.


 Environmental Affairs and Tourism:


 Appointed: Goosen, A D (Alt).
 Discharged: Arendse, J D.
 Finance:


 Appointed: Cachalia, I M; Chiwayo, L L; Mabe, L (Alt).
 Discharged: Booi, M S; Moloto, K A.


 Minerals and Energy:


 Appointed: Dlali, D M; Gomomo, P J (Alt).


 Provincial and Local Government:


 Appointed: Molebatsi, M A.
 Discharged: Kannemeyer, B W; Mahlawe, N.


 Public Accounts:


 Appointed: Mothoagae, P K; Nobunga, B J (Alt).
 Discharged: Gerber, P A; Joemat, R R; Nel, A C.


 Sport and Recreation:


 Appointed: Morobi, D M (Alt); Reid, L L R; Xingwana, L M T (Alt).
 Discharged: Fihla, N B; Nobunga, B J.


 Trade and Industry:


 Appointed: Gomomo, P J (Alt).
 Discharged: Chiwayo, L L.


 Water Affairs and Forestry:


 Appointed: Goosen, A D.

TABLINGS:

National Assembly:

Papers:

  1. The Minister of Finance:
 Resolutions of the Standing Committee on Public Accounts for 2001 and
 replies thereto obtained by the National Treasury: Fifth, Seventh,
 Eighth, Ninth, Eleventh, Twelfth and Thirteenth Reports, 2001.
                     WEDNESDAY, 27 FEBRUARY 2002

TABLINGS:

National Assembly and National Council of Provinces:

Papers:

  1. The Speaker and the Chairperson:
 Report of the Auditor-General on the Financial Statements of the Office
 of the Public Protector for 1999-2000 [RP 09-2002].

National Assembly:

  1. The Speaker:
 (1)    Written Explanation from the Chairperson of the Independent
     Electoral Commission in terms of the Public Finance Management
     Act, 1999 (Act No 1 of 1999), setting out reasons why the Annual
     Report and the Financial Statements of the Independent Electoral
     Commission for 2000-2001 were not tabled in time:


       Ms F Ginwala
       Speaker
       National Assembly
       PO Box 15
       CAPE TOWN
       8000


       Dear Colleague


    ELECTORIAL COMMISSION: TABLING OF ANNUAL REPORT AND FINANCIAL
                      STATEMENTS IN PARLIAMENT


       Thank you for your letter dated 29 January 2002 that was
       unfortunately only received in my office on 25 February.


       The reports of the Auditor-General on our financial statements
       for the financial years ending 31 March 2000 and 31 March 2001
       were received from the Auditor-General on 9 November 2001.


       Printer's proofs to our satisfaction could only be submitted to
       the Office of the Auditor-General for their approval on 15
       January 2002 as a result of the festive season. His Office
       returned these to us on 4 February 2002 requesting further
       editorial adjustments. These were effected and the Office of the
       Auditor-General signed the proofs on 20 February. The reports
       (annual report, financial statements and the report of the
       Auditor-General) are presently being printed and we should be
       able to table the reports in Parliament during the week of 4
       March 2002.


       The delay, due to circumstances beyond our control, is
       regretted.


       Yours sincerely


       DR BRIGALIA HLOPHE BAM
       Chairperson: IEC


 (2)    Report of the Working Group on the African Union


    A. Introduction


     The President, in his address to the Joint Sitting of the Houses
     on 31 October 2001, indicated that Parliament had made important
     observations on the implementation of the Constitutive Act of the
     African Union. The President requested that members of Parliament
     elaborate on the problematic areas they identified, propose
     possible remedies and spell out what form the various organs
     mentioned in the Constitutive Act should take.


     On 16 November 2001 the National Assembly passed a resolution
     establishing a Working Group to consider the implementation of the
     Constitutive Act of the African Union.
     The Working Group is chaired by the Speaker (Dr F N Ginwala) and
     includes the Deputy Speaker (Ms B Mbete), Dr R H Davies, Adv J H
     de Lange, Ms F Hajaig, Dr P Z Jordan, Mr C W Eglin, Mr M F Cassim,
     Dr B L Geldenhuys, Mr W G Makanda.


     The Working Group met on 15 January 2002, 14 February 2002 and 27
     February 2002. The Working Group established a Planning Team to
     deal with detailed planning and technical matters. The Planning
     Team held its first meeting on 19 February 2002.


    B. Objects of the Working Group


     The brief of the Working Group is to consider how to make
     Parliamentary inputs into the implementation of the Constitutive
     Act of the African Union and suggest appropriate procedural
     mechanisms for doing so. Parliament should assist the South
     African government in its participation in the implementation of
     the African Union and the establishment of its structures. In
     carrying out this task, Parliament will need to consider the
     vision of the African Union, make recommendations on how to
     achieve that vision and also consider policy implications and the
     legal and constitutional issues arising from the Act including the
     institutional framework being created by it. To this end,
     Parliament will make recommendations on what form the various
     organs of the African Union should take, and on the protocols and
     relevant rules and regulations.


     C. Process


     In order to perform its task, the Working Group has mapped out the
     way forward as follows:


     1. A meeting of the Working Group with the Executive will take
          place before the end of February 2002. The purpose of the
          meeting is to discuss, among other things:


          (a) the vision of the African Union.


          (b) progress being made in preparing for the inauguration of
              the African Union in July 2002.


          (c) the implementation of the Constitutive Act.


          (d) political considerations and implications for South
              Africa.


          (e) participation in the African Union by other countries and
              regional bodies.


          (f) the transition from the Organisation of African Union
              (OAU) to the African Union (AU).


     2. In cooperation with the Africa Institute of South Africa, the
          Institute for Global Dialogue and the South African Institute
          for International Affairs, a seminar on the African Union has
          been scheduled for 1 and 2 March 2002 consisting of the
          Working Group, members of Parliament as well as
          representatives from government. The purpose of the seminar is
          to allow Members to deliberate on the African Union
          specifically and familiarise Members with the Union and the
          issues arising in the course of its establishment.


          The seminar programme is to cover the following areas:


          (a) an overview of the African Union.


          (b) a situation analysis.


          (c) the African Union and other African initiatives.


          (d) the constitution, powers and functions of organs of the
              African Union.


          (e) implications of the Constitutive Act of the African Union.


     3. It is recommended that a Parliamentary Debate on the African
          Union be held in the current session in order to raise
          awareness among the South African public about issues
          pertaining to the African Union.


     4. Following the seminar, the Working Group will submit a further
          report on how Parliament should proceed and involve itself in
          the process of the implementation of the Constitutive Act.


     Report to be considered. COMMITTEE REPORTS:

National Assembly:

  1. Report of the Portfolio Committee on Agriculture and Land Affairs on the Animal Identification Bill [B 49 - 2001] (National Assembly - sec 75), dated 26 February 2002:

    The Portfolio Committee on Agriculture and Land Affairs, having considered the Animal Identification Bill [B 49 - 2001] (National Assembly - sec 75) and proposed amendments of the National Council of Provinces (Announcements, Tablings and Committee Reports, p 27), referred to the Committee, reports the Bill with amendments [B 49A - 2001].

 Report to be considered.
  1. Report of the Portfolio Committee on Social Development on Study Tour to Britain, dated 31 October 2001: A. Preamble

    A delegation from the Portfolio Committee on Social Development undertook a study tour to Britain from 20 to 29 July 2001. The multi-party delegation was led by the Chairperson of the Committee, Mr E Saloojee (ANC), accompanied by Mr M Masuta (ANC), Ms M Ramotsamai (ANC), Ms R Southgate (ACDP), Ms S Kalyan (DP), Prof L Mbadi (UDM), Ms Z Adhikari (Committee Secretary), Mr F Abrahams (Researcher) and Ms N Ahmed (Parliamentary Researcher).

 B.     Background


     The Committee and the Department were instrumental in advocating
     for the complete review and development of comprehensive childcare
     legislation for South Africa's children. This legislative review
     was underpinned by the belief that all children in this country
     should have a right to protection and promotion of human dignity.
     The SA Law Commission was tasked with this undertaking and
     mandated to premise their investigation on "the best interest of
     the child". The "best interest of the child", as reflected in the
     Constitution, 1996, and International Instruments like the UN
     Convention on the Rights of the Child and the African Charter on
     the Rights and Welfare of the Child, is the common thread in the
     development of comprehensive childcare legislation for South
     Africa. The SA Law Commission is finalising its legislative
     proposals.


 C.     Terms of reference


     The Committee undertook this study tour in preparation for the
     critical assessment of the legislative proposals and to make
     recommendations based on a thorough understanding of what should
     constitute the key provisions in comprehensive South African
     childcare legislation.


     Furthermore, the Committee wanted to evaluate proposed mechanisms
     to monitor the implementation of legislation and identify problems
     with implementation. This will, among others, assist the Committee
     in gaining understanding of what the budgetary implications are
     likely to be when implementing comprehensive legislation.
     Provisions for special family courts, child protection services
     and models of care were to be explored.


     Objectives of tour


     A consideration of international children's statutes indicated
     that a study tour to Britain would offer the Committee the most
     appropriate opportunity to realise the objectives of the tour.
     These objectives were to:


     1. Critically review the British Children's Act of 1989 and other
          relevant childcare legislation.
     2. Review legislative and policy measures that focus on protecting
          children in exceptionally difficult circumstances.


     3. Identify existing gaps in the current legislation that
          negatively impact on children enjoying full protection.


     4. Assess the ways in which the Children's Act is in line with the
          Convention on the Rights of the Child.


     5. Identify measures that have been put in place to facilitate
          oversight of the implementation of such legislation.


     6. Investigate partnerships between the government and children's
          rights activists in giving effect to legislative provisions to
          protect children.


     7. Identify intersectoral mechanisms at national, provincial and
          local level that facilitate the promotion and protection of
          children's rights.


     8. Evaluate ways in which all legislation that affects the
          Children's Act is in synergy, thus advancing children's
          rights.


     A brief consideration of the UK legislation affecting children is
     presented as the context within which discussions were conducted
     by the Committee.


 D.     British legislation


     Children's Act (1989)


     The Children's Act codified legislation affecting children, and
     enshrined the rights of children as well as adults'
     responsibilities toward them. The Act is fundamentally based upon
     the belief that children are generally best looked after within
     the family, with both parents playing a full part and without
     resorting to legal proceedings. If a child is removed from the
     family, however, or is subjected to court proceedings, the welfare
     of the child must be the paramount consideration. The Act
     therefore makes it a requirement that the child's wishes are heard
     before a decision regarding his or her future is made, and that
     proceedings that involve children, must be finalised with minimal
     delay.


     In terms of the Children's Act, a court may make a range of orders
     concerning the best interests of a child. However, the issue is
     approached from the "no-order presumption" premise, which means
     that it is assumed that parents should see a court application as
     a last resort when other options (including professional
     conciliation or mediation) have failed.


     Should the court make an order, this may include:
     1. A Parental Responsibility Order, which confers similar rights
          on an unmarried and married father.


     2. A Contact Order, which requires the person with whom the child
          lives to allow the child to visit or stay with the person
          named in the order, or for that person and the child to have
          contact with each other.


     3. A Residence Order, which stipulates where the child will live,
          but importantly, not to whom the child belongs. Where a
          residence order is made, the holder of the order cannot change
          the child's surname and neither can the child be removed from
          the UK without the written consent of all those with parental
          responsibility or by a court order.


     4. A Specific Issue Order/Prohibited Steps Order, which enables
          the court to make orders requiring specific actions (Specific
          Issues Order) to be taken or prohibiting certain steps
          (Prohibited Steps Order) being taken in respect of children.
          These orders are intended to safeguard the interests of the
          children where major issues of concern arise.


     5. Family Assistance Order, which provides short-term help to
          overcome any problems and conflict associated with separation
          or divorce. A Court Welfare Officer will normally supervise
          such an order.


     6. An Assessment, Care and Supervision Order, which provides for
          the courts to deal with situations in which children are, or
          may be, at risk of significant harm, and which makes it
          possible for Social Services to seek, through the courts,
          orders for assessment (including medical examinations) and
          Care and Supervision Orders.
     The Act further provides the framework for the delivery of a wide
     range of services and court-related proceedings, and makes
     statutory provision for the co-operation of different government
     agencies when the need to protect a child becomes apparent. This
     is done at local government level, where local authorities are
     required to prepare plans for the provision of children's services
     in their area and to keep those plans under review.


 E.     Additional legislative measures


     Despite the wide purport for the Children's Act of 1989, the
     government has had to introduce a number of other legislative
     measures to supplement this Act, and to define the
     responsibilities of different levels of government.


     1. Some more important changes


          (a) New powers for courts to add exclusion requirements to
              interim care orders and emergency protection orders,
              where domestic violence is an issue, and allowing the
              child to remain at home but the violent person to be
              removed.


          (b) Providing for certain orders under the Crime and Disorder
              Act, 1998, to be made in family proceedings.


          (c) Linking the Family Law Act, 1996, with the Children's Act
              by designating FLA applications as "family proceedings".


          (d) Extending the range of children who can qualify for advice
              and assistance to those who are accommodated in health
              authority settings.


          (e) The introduction of the Protection of Children's Act,
              1999, in order to restrict the opportunities for those
              with criminal records for offences against children to be
              employed or considered for fostering, adoption or work in
              certain settings with children.


          (f) Requiring local authorities to prepare plans for the
              provision of children's services in their areas and to
              keep those plans under review.


          (g) Requiring, through the Children's Act, 2000, that young
              people who have been looked after by a local authority,
              are assisted to move from care into living independently
              in as stable a fashion as possible. To this end, the
              Children's Act is amended by placing a duty on local
              authorities to assess and meet the care and support needs
              of children in care (aged 16 and 17) and children who
              leave care, as well as those who were in care before
              reaching the age of 18 years. The local authority will be
              obliged to maintain contact with all its care leavers who
              qualify for these new support arrangements, including
              those aged 18 to 21 years, and beyond in some instances.


          (h) Enabling local authorities to offer new support to carers
              to help them maintain their own health and well-being.
              The Children's Act, 2000, gives local authorities the
              power to supply certain services - services that help the
              carer care for the person cared for - directly to carers
              following assessment. Secondly, the Act empowers local
              authorities to make direct payments to carers, while it
              also gives local authorities a power to charge carers for
              the services they receive.


     2. Quality protection programme


          In an important step to realise what is implicit in the
          Children's Act, eight comprehensive and outcome-focused
          objectives in respect of personal social services for children
          were published with the launch of the Quality protection
          programme in September and November 1998. In effect, they aim
          to expand on the meaning of safeguarding and promoting
          children's welfare and to strengthen some of the strategic
          planning underpinning the Act since its implementation.


          The eight objectives were to:


          (a) Ensure that children are securely attached to carers
              capable of providing safe and effective care for the
              duration of their childhood.


          (b) Ensure that children are protected from emotional,
              physical and sexual abuse and neglect (significant harm).


          (c) Ensure that children gain maximum mileage from educational
              opportunities, health care and social care.


          (d) Ensure that children cared for gain maximum life chance
              benefits from educational opportunities, health care and
              social care.


          (e) Ensure that young people leaving care, as they enter
              adulthood, are not isolated, but participate socially and
              economically as citizens.
          (f) Ensure that children with specific social needs arising
              from disability or a health condition are living in
              families or other appropriate settings in the community
              where their assessed needs are adequately met and
              reviewed.


          (g) Ensure that referral and assessment processes discriminate
              effectively between different types and levels of needs
              and production, and are timeously reported on.


          (h) Ensure that resources are planned and provided for at
              levels that represent best value for money, and allow for
              choice and different responses for different needs and
              circumstances.


     3. Guidance


          Child protection services are governed by the Children's Act,
          1989. The Act provides a comprehensive framework for the care
          and protection of children. The Act also places a statutory
          duty on local authorities to act when any child has suffered,
          or is likely to suffer, significant harm. In the event that
          the child is, or is likely to be, experiencing significant
          harm, he or she is placed on a child protection register. A
          child protection plan is then developed and the child is
          assigned to a care worker. There are approximately 30 000
          children on child protection registers in Britain at any given
          time.


          The Children's Act, 1989, is accompanied by Guidance developed
          by the Department of Health, the Home Office and the
          Department for Education and Employment. This document intends
          to provide a national framework within which agencies and
          professionals at local level need to work collaboratively to
          promote children's welfare and protect them from abuse and
          neglect. It is addressed to those who work in the health and
          education services, the police, social services, the probation
          service, and others whose work brings them in contact with
          children and families. Furthermore, it applies to those
          working in the statutory and voluntary sectors. The
          information contained in this document:


          (a) Describes how actions to safeguard children fit within the
              wider context of support to children and families.


          (b) Describes some of the ways to best operate child
              protection processes.


          (c) Sets out the role and responsibilities of different
              agencies and practitioners.


          (d) Outlines the way in which joint working arrangements
              should be agreed upon, implemented and reviewed through
              the mechanism of Area Child Protection Committees.


          (e) Sets out the processes that should be followed when there
              are concerns about a child, and the action that must be
              taken to safeguard and promote the welfare of children
              who are suffering, or at risk of suffering, significant
              harm.


          (f) Provides guidance on child protection in specific
              circumstances, including children living away from home.


          Concept of significant harm
          The Children's Act, 1989, introduced the concept of
          significant harm as the threshold that justifies compulsory
          intervention in family life, in the best interest of the
          child. A court may only make a care order (committing the
          child to the care of the local authority) or supervision order
          (placing the child under the supervision of a social worker or
          probation officer) in respect of a child if it is satisfied
          that:


          *   the child is suffering, or is likely to suffer,
            significant harm; and


          *   the harm or likelihood of harm is attributable to a lack
            of adequate parental care or control.


          There are no absolute criteria on which to rely when judging
          what constitutes significant harm. Consideration of the
          severity of ill-treatment may include the degree and the
          extent of physical harm, the duration and frequency of abuse
          and neglect, the extent of premeditation, and the degree of
          threat and coercion.


          The Guidance document, entitled Working Together to Safeguard
          Children, is issued under the Local Authority Social Services
          Act, 1970, requires local authorities in their social service
          functions to act under the general guidance of the Secretary
          of State. As such, this document does not have the full force
          of statute, but should be complied with, unless local
          circumstances indicate exceptional reasons that justify a
          variation.


 F.     Reforms to youth justice system


     The UK government has also made some reforms to the youth justice
     system in an attempt to strengthen the link between that system
     and the protection of children, as contemplated in the Children's
     Act.


     The Crime and Disorder Act, 1998, establishes the prevention of
     offending as the principal aim of the youth justice system and
     places a statutory duty on all those working within the youth
     justice system to have regard to that aim. The Act provides a
     range of new interventions and punishments to help local
     communities and youth justice agencies take effective action to
     tackle youth crime.


     These include new powers to enable early, targeted intervention to
     deal with anti-social behaviour and to divert the very young from
     crime - local child curfew schemes to protect children under 10 in
     a particular area from getting into trouble.


     Under these powers, local authorities may apply to the Home Office
     to establish a local scheme which may, for example, form part of
     local crime and disorder strategies required under section 6 of
     the Act. This includes:


     1. Child safety orders, to provide targeted intervention with
          children under 10 at risk of getting into trouble.


     2. Anti-social behaviour orders, to deal with serious, but not
          necessarily criminal, anti-social behaviour by those aged 10
          and above.


     3. Empowering the police to remove truants to designated premises
          to allow the police, working with local authorities and
          schools, to tackle truancy, one of the factors that put young
          people at risk of committing offences.


     New structures at local and national level have been introduced to
     provide the framework to tackle youth offending. Youth offending
     teams will bring together the staff and wider resources of the
     police, social services, the probation service, education and
     health, in the delivery of youth justice services, with the scope
     to involve others, including the voluntary sector. At national
     level, the Youth Justice Board for England and Wales will provide
     oversight of the operation of the teams and the youth justice
     system.


     The Crime and Disorder Act also includes provision for setting
     statutory time limits for young offender and persistent young
     offender cases, as well as for adult cases. In addition to
     measures currently being piloted, the Act also introduced a range
     of other procedural changes specifically relating to the youth
     court.


     The Youth Justice and Criminal Evidence Act, 1999, introduce
     reforms that ensure effective intervention with first-time
     offenders, emphasising personal responsibility, reparation and the
     role of the family, friends and other responsible adults in
     addressing offending behaviour. Under these measures, first-time
     offenders who plead guilty and do not require a custodial sentence
     will be referred through a referral order to a panel drawn from
     the community and facilitated by the youth offending team. The
     panel will consider the causes of offending and draw up a contract
     with the young offender and their parents to address these.


 G.     Organisations


     The Committee met with the following organisations:


     1. State agencies


          (a) Juvenile Offender Unit


              This office forms part of the Home Office and is
              responsible for the planning of policies for juvenile
              offenders.


          (b) Youth Justice Board


              The Youth Justice Board is an executive non-departmental
              public body, established under the Crime and Disorder
              Act, 1998. The Board believes that the youth justice
              system must aim to prevent offending by early
              intervention in the lives of young people, effective
              local systems, strong intervention by the Board where
              local agencies are failing, and a co-ordinated approach
              across government to tackle youth offending as a
              priority.


              The Board is responsible for:


              *    Advising the Home Secretary on the operation of the
                youth justice system in delivering its aim to prevent
                offences by young people;


              *    Monitoring operation and performance of the youth
                justice system, including the youth court, the work of
                the offending teams and the delivery of secure
                accommodation;


              *    Advising the Home Secretary on drawing up standards
                for the work of youth offender teams and juvenile
                secure estates, and monitoring and publishing
                performance indicators;


              *    Identifying and disseminating good practice,
                including commissioning research and providing grants
                for developing best practice.


              The Youth Justice Board is responsible for reforming
              conditions for young offenders in custody, and will
              ensure that time is well spent so that when young persons
              are released, they do not commit offences again.
              Vulnerable young offenders will be placed in appropriate
              institutions, as close to their homes as possible.


              The new sentence for young offenders - the Detention and
              Training Order - will mean that offenders serve their
              sentences half in custody and half under the supervision
              of the Youth Offender Teams in the community. The Youth
              Justice Board believes that achieving continuity between
              both elements is vital to preventing further offending.
              Multi-agency Youth Offender Teams (Yots) look at the
              causes of the offences and exercise oversight on sentence
              requirements.


              The system of restorative justice, which forms the basis
              of the work of the Yots, is relatively new in the UK, and
              is based on the premise that it is more beneficial to
              society to order the offender to make reparations to the
              victims of their offences than to send such young persons
              to prison. The Yots must assess the youth and their
              families, and within 15 days a community panel will be
              established for the offending youth and victim to meet
              and decide on reparation.


     2. NGOs/charities


          (a) Young Minds


              This organisation has been dealing with children's mental
              health issues for the past 10 years. Their work is based
              on the philosophy that adults have the capacity to
              stimulate children to enjoy good mental health. Their
              manifesto lists the following issues:


              *    Support for parents through a national transition to
                a parenthood programme.


              *    Help for schools to support children with mental
                health problems.


              *    Mental health services for young offenders and those
                at risk of offending.


              *    Comprehensive services to meet the needs of
                adolescents.


              *    Accessible, well co-ordinated emergency services for
                young people.


              *    Greater access to training for those who work with
                children and young people.


              *    Co-ordination across health, education and social
                services.


              *    The provision of well-staffed, specialist children's
                mental health services.


              *    Increased accountability for children's mental
                health services.


              *    An end to the postcode lottery of service provision.


              The organisation believes that through lobbying it has
              contributed to the launch of a government policy called
              "Together We Stand", which covers various sectors. There
              has been a move to understanding health as being more
              than physical.


              Critique of Children's Act


              The Children's Act, with its emphasis on children's
              rights and parental responsibility, has been an important
              breakthrough in their work. However, the organisation is
              concerned about the many children being left undiagnosed
              and therefore untreated. Studies conducted suggest that
              one in four children have a mental health problem, while
              specialist services tend to reach only 900 000 throughout
              the country. This means that the majority of children in
              need of remedial care are not being catered for by the
              health care system.


          (b) Family Rights Group


              Solicitors, social workers and anti-poverty workers
              formed this organisation 25 years ago, focusing on the
              rights of the family. The organisation was involved in
              the drafting of the Children's Act, and it feels very
              strongly that the State should only intervene in families
              if there is a clear indication that the child is in
              danger. They also noted the link between poverty and
              childcare problems within families.


              The Family Rights Group works towards its aims by:


              * Providing an advice and advocacy service for families.
              *    Undertaking policy and research projects.


              *    Producing a range of publications, including advice
                materials for families and models of good practice.


              *    Providing training and consultation for local
                authorities and voluntary agencies.


              *    Campaigning for changes in legislation, policy and
                practice that support the concept of "working in
                partnership".


              Critique of Children's Act


              While noting that the Children's Act is an example of
              innovative legislation, this organisation expressed
              reservations. The legislation needs to place children in
              the context of their families, and the rights of families
              must be respected. Similarly, the organisation feels that
              there is an over-emphasis on child protection, which
              gives social services strong investigative powers,
              sometimes at the cost of the family. In addition, the
              mechanisms to ensure partnerships between different arms
              of government, service providers and families have not
              been sufficiently developed.


     3. Children in Crisis


          This organisation targets four- to 11-year-olds with its drug
          education programme. They had previously worked with 11 to 18
          year olds, but had found the impact of their message reached
          this group too late. They have a holistic approach that
          focuses on social, health and personal development. Teachers
          are closely involved and are trained and provided with
          resources by Children In Crisis. In addition, they work
          directly with local authorities and social services.


          Internationally, they work in six countries where children are
          in crisis situations. These countries do not have legislation
          pertaining to children, but most have ratified the UNCRC.
          Their work in these countries is based on the rights set out
          in the UNCRC, while at the same time respecting the
          legislation and culture of those countries.


          Critique of Children's Act


          The organisation sees the Children's Act as enabling
          legislation, but feels that it still has some gaps, especially
          with regard to the issue of child soldiers. Children as young
          as 16 are able to enlist in the army, but are only considered
          majors at the age of 18 years. They feel this contravenes the
          UNCRC and international labour law.


     4. National Society for Prevention of Cruelty to Children (NSPCC)


          This charity was established in 1884 and is the only
          organisation that has the right to remove children from their
          homes in the case of suspected abuse. They have a 24-hour
          helpline, which they run in conjunction with Childline. In
          addition, the NSPCC has a database of social services and is
          able to contact service providers directly.


          The organisation has gained public trust, as members of the
          public would rather contact the NSPCC than Social Services.
          They also conduct a range of professional and public awareness
          programmes about child protection, particularly in relation to
          parenting advice and the responsibility of the whole community
          for the care and safety of children.


          In 1999 the NSPCC launched a campaign, Full Stop, in
          collaboration with two other charities, Barnados and the Child
          Poverty Action Group. The organisation's Public Policy
          Department contributed to much of the thinking behind the
          Children's Act, and together with a consortium of 10
          organisations lobbied over the contents of the Family Law Act,
          1996. It has also campaigned extensively for changes to the
          criminal justice system.


          Among the amendments successfully lobbied for, was one in the
          Criminal Procedures and Investigations Act, 1996, which allows
          children to give evidence by video, including during cross-
          examination. The NSPCC was also a leading supporter of the
          Protection of Children's Act, 1999, which was developed to
          ensure that paedophiles were prevented from working with
          children. It requires childcare organisations in England and
          Wales to provide the Department of Health with details of
          anyone known to them who is suspected of harming children or
          putting them at risk.


     5. Barnados


          It is the UK's largest children's charity, supporting over
          50 000 children and their families through more than 300
          projects in England, Northern Ireland, Scotland and Wales.


          Their belief is that the lives of all children should be free
          from poverty, abuse and discrimination, and they use their
          expertise and knowledge to campaign for better care for
          children and to champion for the rights of every child. Their
          work focuses on what they regard as the vital components that
          make for a happy, healthy childhood, under which a family can
          cope, protecting children from harm, providing for their
          emotional, physical and mental health needs, creating a sense
          of belonging in the community, and giving them opportunities
          to learn and take their rightful place in society.


          Barnados works with the most disadvantaged children to ensure
          that their vital needs are met. Although the organisation's
          history is closely tied to residential care, there is a strong
          feeling now that children are best cared for within the
          family. Homes require suitable staff that will benefit
          children and are relatively expensive to manage. Only in
          extreme cases are children institutionalised, and there are
          currently about 7 000 children in residential care. They feel
          that the opportunities for looked after children (a term used
          in Britain to refer to children looked after by the state need
          to be improved.


          Critique of Children's Act


          With reference to current children's legislation in the UK,
          Barnados noted that while the Children's Act gave some
          expression to the UNCRC, there were some provisions that were
          not adhered to, such as the status of asylum-seeking children
          and the aspect of corporal punishment. In general, however,
          they maintained that the Children's Act allowed for children
          to be seen as individuals with their own rights within the
          context of their families.


          The organisation believes that too much emphasis and resources
          are placed on the investigation of child abuse, and that more
          attention should be given to a resolution of emerging problems
          before a formal investigation. Furthermore, the sentiment was
          expressed that often children who are removed from abusive
          situations are exposed to abuse from incompetent and poorly
          trained staff in care institutions.


          The organisation expressed the sentiment that resources will
          be utilised more effectively in preventative programmes,
          rather than focusing too strongly on looked after children in
          the care system. The latter option is also considered a very
          expensive one.


     6. Children's Society


          The Children's Society works throughout England and Wales on
          over 100 projects, aiming to build safer communities and
          seeking to develop them. They focus on projects that are not
          covered by government policies, such as the effect of domestic
          violence on children.


          The organisation concentrates its resources on tackling the
          root causes of the problems these children and young people
          face. Their Social Policy Unit collaborates with MPs,
          Ministers and departments, as well as professional networks,
          to research and advise on key issues of concern to children
          and young people. These issues cover broad policy areas such
          as children's health, children's rights and participation,
          poverty, social exclusion and youth justice. The Social Policy
          Unit is currently operative in the following areas:


          (a) Children's Fund: This fund is part of the governments'
              strategy to tackle child poverty and social exclusion,
              and aims to provide additional resources to complement
              the work of mainstream services or specific initiatives.


          (b) Children's Rights: The organisation is writing a report,
              asking children and young people what they think about
              their rights in England and Wales.


          (c) Child Poverty: This is addressed through campaigning and
              lobbying, both as an individual organisation and as part
              of the End Child Poverty Coalition.


          (d) Young Runaways: The organisation has campaigned for the
              rights of children who run away from, or are forced to
              leave, home or substitute care. They are currently
              working with the government on developing a national
              strategy for the UK's 100 000 young runaways.


          (e) Health: The Social Policy Unit, together with a consortium
              of charities, have produced an analysis of Health
              Improvement Programmes across England to assess the
              impact of the emphasis being placed on children and young
              people's health.


          (f) Youth Justice System: The Children's Society is working to
              make the youth justice system more child-focused and more
              effective at solving the problems of youth crime.
              According to Tough Justice, a recent report on young
              people in prison produced by The Children's Society, over
              half of all young people in prison have a diagnosable
              mental illness. The report calls for an immediate end to
              remand in custody for 15- and 16-year-olds and a
              reappraisal of the policy of incarcerating children and
              young people in trouble with the law. The Children's
              Society opposes all use of prison custody for persons
              younger than 18.


          Critique of Children's Act


          While the children's legislation sets the framework, the
          organisation believes that the manner in which the Act is
          operationalised, may not deal effectively with the problems.
          While they recognise the need for statutory interventions,
          they emphasise the importance of community involvement, as
          members of the community have more intimate contact with
          children than professionals. The organisation therefore
          acknowledges the importance of working with communities and
          other agencies to protect children and young people from harm
          and to promote their welfare.


     7. National Children's Homes (NCH)


          The NCH was founded in 1869, and run over 460 projects in the
          UK, supporting more than 89 000 children at risk, vulnerable
          young people and families in need of support.


          Although the NCH believes that children are best cared for by
          their families, for some children this is not possible, and
          therefore the organisation offers a range of alternatives.
          They run a few small residential homes, where each child has
          an individual care plan that focuses on their individual
          needs. They are also registered as an adoption agency and find
          foster and adoptive families for hundreds of children each
          year. In addition, they run specialist education services for
          children, which follow the national curriculum.


          The NCH was one of the first charities to set up a network of
          projects, offering therapeutic support for sexually abused
          children and their non-abusing relatives. Their children's
          rights services encourage children to speak out about the
          services they receive and the issues that affect their lives.


          In the same way as the other charities, the NCH lobbies
          government about its policies and proposed legislation. These
          interventions range from conferences around an issue to
          submissions to select committees, expert briefings and
          advocacy work. They also focus on making their opinion heard
          by individual MPs.


          Critique of Children's Act


          When looking at the Children's Act and considering whether it
          adequately addresses the UNCRC and children's rights, the NCH
          feels that while the legislation sets sound principles, the
          "Quality Protects" document specifies the foundations for the
          realisation of children's rights. They note that guidelines
          are often taken less seriously than legislation, are open to
          interpretation and will vary, depending on the area in which
          people live. A further comment was that the principle that
          children's rights be paramount, should be extended to all
          other legislation that affects children.


          The NCH further feels that the legislation does not adequately
          address the needs of poor children - children in need, as
          contemplated in section 17 of the Children's Act. The
          organisation therefore devotes the bulk of its services to
          supporting family life and helping children to reach their
          full potential, especially in the context of families who face
          social exclusion through poverty. The NCH's family centres
          offer parenting skills, playing and development opportunities
          for their children. Their community centres provide a
          community network, advice and, in some cases, credit unions
          and food co-operatives, all of which attempt to place a strong
          emphasis on preventative work with families at risk.


 H.     Implications for South Africa


     In considering the content and merits of the discussions held with
     the different organisations, the Committee has identified numerous
     issues that must be considered in view of forthcoming legislative
     proposals from the SA Law Commission. Some of the issues include
     principles that must inform the development of legislation, while
     others address provisions that must give effect to the identified
     principles. Financial considerations also merit special attention,
     as this issue was consistently raised by all the organisations
     working in the areas of children's rights and protection.


     1. Issues for consideration


          (a) Principles


              *    It is important to consider the weight that is
                attached in a children's statute to the issue of child
                protection and statutory intervention. While this is
                clearly a critical area, due consideration must be
                given to promoting and supporting healthy children and
                their families. Thus, there must also be a focus in
                legislation on prevention and early intervention
                activities. In giving effect to the Convention on the
                Rights of the Child, national legislation must be
                comprehensive insofar as it gives effect to all the
                rights that children must enjoy.


              *    A strong emphasis on child protection and statutory
                intervention is likely to result in large numbers of
                children being in the care system. Cognisance must be
                given to research in Britain, that highlights that
                children in care have consistently poorer outcomes than
                those not in care. These apply to social, emotional,
                health and education indicators. Consideration must be
                given to such research findings in evaluating
                legislative proposals.
              *    It is necessary to ensure that the principle of
                "children first" must inform all legislation that
                affects children. Consideration must be given to the
                way in which comprehensive childcare legislation will
                facilitate this principle being operationalised and
                given effect to in other legislation that affects
                children.


              *    The need to extend existing legislation to include
                young people up to the age of 21 years. There is a need
                in legislation to protect individuals who want to
                continue with their studies in their quest to become
                mature and responsible adults. Particular attention
                must be given to children in care whose activities may
                exceed those that are appropriate for their age.
              *    Careful consideration must be given in legislation
                to duties conferred and powers given to those agencies
                tasked with child protection. The rights of the child
                to protection, support and development must inform
                these decisions.


              *    It is necessary to duly consider those provisions
                that are included in the statute, and those in
                regulations. Furthermore, where intersectoral roles and
                responsibilities are delineated, it may be worthwhile
                to include these in the legislation, as it places
                statutory responsibilities on the responsible agencies.


              *    Children's protection and the establishment of their
                well-being has historically been considered the
                preserve of the social development sector. It must be
                recognised that all sectors must support children's
                development, as this is integral to human development.
                Due consideration must be given to the duties that all
                government departments have in being responsive to the
                needs of children, as they traverse all sectors. It may
                be necessary in a children's statute to consider
                placing statutory responsibilities on government
                departments to develop policies and programmes that
                target the protection and well-being of children.


              *    While the law is able to establish a framework for
                the protection and development of children,
                consideration must be given to the ways in which this
                framework is applied in practice. This includes
                mechanisms for implementation as well as censure where
                children's rights are violated. Consideration must
                therefore be given to the institutional arrangements
                that can facilitate good practice in respect of
                children.


              *    In giving effect to the principle of participation
                by children in decisions that affect their lives,
                careful thought must be given to the ways in which such
                participation is facilitated and implemented.


          (b) General Provisions


              *    Very careful consideration must be given to the most
                suitable implementing agencies rendering services to
                children and their families. British practice has
                established local authorities as the most appropriate
                vehicle for delivery, as it is at the local level that
                resources can be mobilised to effect intervention and
                prevention in children's lives. It is also at this
                level that maximum effect can be given to the principle
                of intersectoral collaboration.


              *    Thought has to be given to the family as the context
                in which many children live. There may thus be a need
                to consider the provision of family services within the
                statute. There is an inherent danger in legislation
                that is very strongly focused on child protection, to
                pay less attention to the family.


              *    It is necessary to undertake a thorough review of
                all legislation affecting children, as well as
                envisaged provisions in the legislative proposals that
                will have an impact on other sectoral responsibilities.
                Careful consideration must be given to such provisions,
                as the principle children's statute must bear direct
                relevance to all other provisions that affect children.




              *    In establishing family courts, it is necessary to
                ensure that one judge presides over all proceedings
                affecting children, as such consistency is important in
                developing the trust of children and their families in
                the judicial process.


              *    Attention has to be paid in legislation to the issue
                of kinship placements. Specific discussions need to
                consider what role the State should play in supporting
                relatives who are looking after children. The form that
                such State support should take, also requires due
                consideration.


              *    On the issue of adoption, discussions must be
                conducted that focus on the role of adoption in social
                development policy - specifically, the conventional
                practice of adoption as a placement option for a child
                who may be in need of care. It must be considered
                whether the practice of severing biological ties may
                not be misguided, as such severance may in fact not be
                in the best interest of the child. It has been
                suggested that children form lasting familial
                attachments, and severing these do more harm than good.
                Severing of biological ties must be interrogated in
                respect of whose best interest is being served in
                severing such ties.


              *    With regard to implementation, it is necessary to
                review the current service delivery paradigm operative
                within the domain of children's services. It may be
                necessary to consider a mix of social service delivery,
                including the voluntary sector, without undue
                dependence on the statutory sector. Such provisions are
                directly related to a well-defined balance between
                preventative and promotive services, and statutory
                intervention in the lives of children and families.


              *    In view of South Africa's policy focus on family
                preservation, it may be advisable to consider the
                issues of parenting skills as a mandatory requirement
                in all programmes targeting children and families. This
                should apply to the State and the voluntary sector.


              *    It may be worth considering the emphasis in British
                legislation on partnerships in endeavouring promoting
                children's rights. Such partnerships may include the
                different levels of government, as well as those with
                the not-for-profit and private sectors as well as
                communities.


              *    Given the current realities of poverty and HIV and
                AIDS, legislative provisions must attempt to challenge
                and address conventional practices in the area of
                childcare, as well as conventional models of care.
                Practice needs to be guided by the best interest of the
                child, in the context of material conditions that exist
                in this country.


          (c) Financial Considerations


              *    Envisaged children's legislation must be thoroughly
                costed before enactment, as cost determines the success
                of implementation. A cost-benefit analysis may also be
                very appropriate in this regard.


              *    Any children's legislation needs to be adequately
                resourced to ensure that it is fully implementable.
                Lack of resources can seriously undermine the impact of
                the most well-intended legislation.


              *    Resources must be allocated to preventative and
                promotive initiatives in the lives of children and
                families. With a strong focus on child protection,
                resources can quite easily be targeted at state
                intervention and subsequent residential care
                activities. The British experience indicates that money
                spent in the care system seems not to be yielding
                expected benefits, as children in the care system
                generally have poorer outcomes.