National Council of Provinces - 22 September 2003
MONDAY, 22 SEPTEMBER 2003 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The Council met at 14:19.
The Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
PLANS BY EXTREMIST GROUPS TO DISRUPT ELECTION CAMPAIGNS FOR 2004 ELECTIONS
(Draft Resolution)
Mr J O TLHAGALE: Chairperson, I move without notice:
That the Council -
(1) notes with concern that in terms of media reports - (a) an elite group of former SADF and AWB members are planning to disrupt the election campaigns in the run-up to next year’s elections;
(b) that the disruptions are intended to include gangsterism and a
resurgence of the taxi violence; and
(c) that the group is recruiting new members with emphasis on people
with military capabilities; and
(2) calls on the Government to monitor the activists from the rightwing extremist groups country-wide in order to determine their potential threat to the country.
Motion agreed to in accordance with section 65 of the Constitution.
REQUEST TO INVESTIGATE EFFECTS OF REGULATION 15 ON SAPS MEMBERS
(Draft Resolution)
Mr P A MATTHEE: Chairperson, I hereby move without notice as follows:
That the Council -
(1) notes that -
(a) Regulation 15 of the SAPS Discipline Regulations, 1996, provides
that -
(i) when there is an allegation of serious misconduct against
a member of the SAPS and the circumstances are such that
he or she cannot be allowed to exercise his or her powers
and to perform his or her duties and functions, the
temporary transfer or suspension of the member must be
considered; and
(ii) when the temporary transfer is not a viable option, the
suspension of the member is considered and in that
instance the suspension is without salary;
(b) the percentage of members suspended without pay whose employment
was not permanently terminated upon finalisation of charges
against them during the period 1 April 2002 to 30 April 2003 is
56,08%; and
(c) members on suspension without pay, even for lengthy periods - in
some instances up to 48 months - are not financially assisted in
respect of their own maintenance and that of their families; and
(2) whereas members of the SAPS who are temporarily suspended without salary, and their families, suffer extremely severe financial hardship (in many instances irreparably so), even in instances where they are eventually found not guilty of misconduct, requests the Minister for Safety and Security to have the effects of the operation of regulation 15 investigated having due regard to the severe financial hardship of members and their families under the circumstances mentioned.
Motion agreed to in accordance with section 65 of the Constitution.
RAVAGING EFFECTS OF WINTER DROUGHT IN WESTERN CAPE
(Draft Resolution)
Mr K D S DURR: Chairperson, I move without notice as follows:
That the Council -
(1) notes -
(a) the ravaging effect the winter drought has had thus far upon the
Western Cape;
(b) that professional estimates put the estimated cost of the
drought in the South Western Cape at R1,6 billion;
(c) that thus far there has been no assistance forthcoming from
either the central Government or the government of the Western
Cape to any of the rural communities of the Swartland and
beyond; and
(d) that the situation in the Namaqualand region of the Northern
Cape is equally critical; and
(2) calls upon the Government to take effective action in order to stabilise the situation in agriculture so that the negative impact of the drought upon the rural communities in the area in question can be reduced.
Motion agreed to in accordance with section 65 of the Constitution.
SAD PASSING AWAY OF MEMBER, AND CONDOLENCES EXTENDED TO BEREAVED FAMILY
(Draft Resolution)
Ms E N LUBIDLA: Chair, I wish to move without notice:
That the Council-
(1) notes the sad passing away of one of our members from the province, and that there are others in hospital; and
(2) wishes them a speedy recovery and sends condolences to the bereaved family of the deceased.
The CHAIRPERSON OF THE NCOP: Hon member, I will deal with the procedure, then I shall ask if you could indicate who the deceased member is. Is there any objection to the motion?
Perhaps we should ask whether we can refer to the member in the motion. Who is the member who is deceased?
Mrs E N LUBIDLA: The name has not yet been made public. It is still being withheld. They came from a festival and met with a gruesome accident.
The CHAIRPERSON OF THE NCOP: Is there any objection to the motion? Yes, there is an objection. Therefore the motion will become a notice of motion. It will not be proceeded with at this time.
INCREASED DEPLOYMENT OF POLICE OFFICERS IN ESIKHAWINI
(Draft Resolution)
Nkk J N VILAKAZI: Sihlalo ohloniphekile, ngenza isiphakamiso ngaphandle kwesaziso:
Ukuthi lo mKhandlu -
(1) uzwakalisa ukulincoma igxathu elithathwe ukhomishina wamaphoyisa aKwaZulu-Natal wokwandisa isibalo samaphoyisa ukunqanda ubugebengu nobudlova obubhokile kuleya ndawo yasesiKhawini, engaphansi kukamasipala waseMhlathuze;
(2) uyezwa ukuthi leli thimba elitshalwe kule ndawo lingelezinga eliphezulu elididiyela ongoti ekuphenyeni amacala libuye lididiyele nezinhloli eziphezulu ekuphenyeni izinto;
(3) uyezwa ukuthi leli thimba liqukethe amaphoyisa angaphezu kwama-80, kuhlanganisa nethimba labaphenyi;
(4) uyezwa ukuthi lawa maphoyisa aseqalile ukuzulazula endaweni asebenza kuyo futhi awazothikazisa ukusebenza nezinhlelo ebezivele zikhona emphakathini;
(5) uyezwa futhi ukuthi kukuyo le ndawo lapho kubhadanywe khona izimuzimu elidla abantu;
(6) uhalalisela umphakathi wasesiKhawini ngalolu sizo lwabezomthetho ngakho uncoma kukhomishina wakulesi siyingi, u-Oupa Maseko, ukuthi aqinise umfutho wokusebenza ngokwethembeka nangokuzinikela kwaleli thimba aliholayo ukuze likwazi ukunqoba ubugebengu osebudlangile kule ndawo yasesiKhawini. (Translation of isiZulu draft resolution follows.)
[Mrs J N VILAKAZI: Chairperson, I wish to move without notice:
That the Council -
(1) commends the steps taken by the KwaZulu-Natal commissioner of police to increase the number of police in order to curb crime and violence which are rampant in the area of Esikhawini which falls under the Mhlathuze Municipality;
(2) notes that the police contingent deployed in this area is highly regarded and includes expert investigators and highly skilled intelligence officers;
(3) notes that this contingent will be made up of over 80 policemen and policewomen, including the team of investigators;
(4) notes that members of this contingent have started to move around in the area and that they will not disturb the activities and programmes that were already in existence in this community;
(5) notes that this is the same area where a cannibal was recently caught; and
(6) congratulates the community of Esikhawini for this law-enforcement assistance and urges the area commissioner, Oupa Maseko, to encourage this contingent that he leads to work diligently and with dedication in order to overcome crime that has increased quite dramatically in the area of Esikhawini.]
Motion agreed to in accordance with section 65 of the Constitution.
THE CONTRIBUTION OF NEW INFORMATION AND COMMUNICATION TECHNOLOGIES TO GOOD GOVERNANCE, THE IMPROVEMENT OF PARLIAMENTARY DEMOCRACY AND THE MANAGEMENT OF GLOBALISATION
(Subject for Discussion)
THE DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Chairperson, thank you very much for giving me an opportunity to participate in this important subject for discussion this afternoon. May I start by saying that around the world new information and communication technologies - ICTs - are creating or supporting innovative systems and networks that are increasingly affecting governments, societies, communities and individuals.
The importance of ICTs, the speed and volatility of change and the lack of consensus on their impact lead to many debates, such as the one we are engaged in today. It is vital that we recognise these new technologies and the opportunities they create, as well as take cognisance of the exact nature of the impact of ICTs on existing societies and governments.
The South African Government has acknowledged the potential contribution of ICTs to good governance and has embarked on promoting an information society. It is important to mention that the main purposes of the Government communicating with its public include keeping the public informed about Government policies, gleaning citizens’ feedback about Government and complying with citizens’ requests.
The new democratic Government has initiated processes and mechanisms to enhance public participation in Government processes. It has focused the ability of new information technology to enhance direct citizen participation in political processes. Since pressure and interest groups require more information from Government to meet their strategic planning needs, our public sector has evolved with these changes and has developed an adequate information system that communicates sufficiently and timeously, and with reliable information.
The communication sector, therefore, has shifted its position to become more inclusive by focusing on improving the quality of life of all South Africans and assisting in creating an information society. The Government therefore has used information technology to re-engineer and support all Government processes in order to meet all strategic and operational requirements of the Public Service.
One of its prime goals was an e-schools initiative, with the purpose of ensuring that every African child is technologically literate within 10 years. In 1998 the Minister of Posts, Telecommunications and Broadcasting adopted the following African telecommunications priority projects: telemedicine; telehealth; telecentres; tele-education; African centres of excellence; terrestrial telecommunications infrastructure development; the development of and access to the Internet in Africa; and tele-agriculture.
Since 1994 the Government has focused on getting out technologies to areas that have been denied service and development opportunities in the past. Time and funding have also been allocated to provide technology to telecentres and multipurpose community centres. The effect is that information technology in itself is available to communities and provides opportunities to people.
Specific emphasis has thus been placed on enhancing the development and implementation of management information systems for Government. Our public institutions have moved away from a perceived disorganised and unco- ordinated approach to information to a highly co-ordinated data-processing approach. Due to the ever-changing nature of technology, ICTs have become a standing item on the agenda of Government in order to keep abreast with these evolving changes.
However, the fact that technology is evolving rapidly brings unique challenges and limitations to information systems. We have to acknowledge that South Africa is in a period of transition in which new technologies are running parallel to paper-based policy-making and governance. Our Government, therefore, further recognised that this new information technology could be utilised to keep citizens and officials in touch with the ebb and flow of public values and judgments.
However, it also has the potential to advance some of the other important elements of democracy, namely accountability, political equality, freedom of speech and freedom of association. It is abundantly clear - and we just have to look around us - that ICTs have proved to be essential tools of Government in the 21st century - a modernised electronic Government that allows citizens broader and more timely access to information and services through an efficient customer- responsive process, thereby creating a fundamental revision of the relationship between the Government and the public.
The debate on modern technologies in governance is incomplete without reference to the role of Government communications and information systems in communications. It should be mentioned that GCIS’s key objectives are, amongst other things, the following: to provide media and communication services to Government; to assist in developing Government media; to ensure efficient service to the media; and to produce information products for dissemination to the citizens. Certainly, these objectives are central to the role of modern technology in good governance. Our Government will continue to be an intensive user of ICTs, pursuing their use in the delivery of public services for the provision of information to service consumers, for acquiring consumer feedback about levels of satisfaction with services, and for efficient and effective production of public services. We will continue with the aforementioned initiatives because they are aimed at improving Government communications and, in so doing, deepening good governance in South Africa.
When looking at the role ICTs have played in improving parliamentary democracy, it is worth noting that new technologies provide a means of enriching democracy, simplifying voting in elections, and bringing parliamentarians closer to their electorates. Traditionally, the sharing of information relied on postal and faxing facilities which were time- consuming and costly.
While members of the two Houses of Parliament perform, basically, similar functions in terms of the Constitution, the value of ICTs comes into sharp focus in the NCOP as a uniquely South African institution that involves communications between South Africa’s nine provinces, delegates and the electorate. This places an important obligation on the NCOP to use IT and ICTs as effectively as possible.
I am not too sure how many of us can access this information on our computers. We do have laptops and desktops, and we have a cybercafe. I do not know how much we use those, but they are very important because it is easy for us to communicate with our constituencies and with our electorates through sharing this IT information.
ICTs enable the NCOP to receive mandates from the provinces timeously. In the event of public hearings, direct communication between the legislative powers and other role-players is established instead of using outdated forms of communication.
The information age changed interaction between our Parliament generally and the electorate. As a natural consequence, it changed the organisation of Parliament as well as its relationship with the electorate and parliamentarians.
One of the key preconditions for any successful and effective democratic system is participation by the citizens in the process of legislation through the debates in Parliament here. That form of exchanging messages with the electorate is very important, as we believe that our citizens should participate in whatever we are doing in our Parliament.
In South Africa, these challenges regarding the increasing use of ICTs by Parliament are particularly acute, because, firstly, under apartheid the majority of South African citizens were actively excluded from participation in the democratic process, and secondly, the current levels of ICT skills amongst South African citizens tend to be both weak and proportional to the levels of income and education.
Consequently, the use of ICTs in South Africa can be viewed as a critical agent for change in overcoming the information gap between the South African Parliament and the majority of its citizens. However, the harnessing of ICTs to play such a role is dependent on the presence of a highly literate and technologically informed population.
Thirdly, access to ICTs is virtually nonexistent for the majority of South Africa’s citizens. The increased use of ICTs by parliamentarians thus raises the question as to whether their use will facilitate participatory democracy.
I think these are the important issues that we should note and realise as members of Parliament, but the question regarding the effective management and use of ICTs by the South African Parliament is at its keenest with regard to utilising Internet facilities. From an economic, administrative and executive point of view, there is a clear rationale for Parliament to optimise its use of Internet facilities. This will facilitate increased access to, and more efficient communication with, Government agencies, civic organisations and the public, both nationally and internationally. It brings the South African Parliament in line with current global trends with regard to information technology.
This indicates that the increased use of ICTs in Parliament may further Parliament’s capacity to fulfil its functions. Parliamentary dependence on the Internet thus has significant advantages for the effective running of the business of Parliament. The challenge for Parliament can be said to lie in how it utilises and manages these technologies in support of its democratic values and principles.
The issues I have just mentioned are not just peculiar and pertinent to our Parliament alone, but pertinent to parliaments across the globe. If all of us as members of different parliaments in different countries could use this technology very efficiently, we could be in a position to communicate with each other without running into problems.
In conclusion, I just want to point out that in managing ICTs in a globalised world, it should be noted that modern technologies extend to virtually all fields of human endeavour, ranging from agriculture, energy, fishing, manufacturing and transport to education, health and infrastructure provision. The application of such technologies is, in many ways, perfectly in line with Nepad. I wish that all other people could realise the importance of technology today. [Applause.]
Dr P J C NEL: Madam Chair, new information and communication technologies or ICTs can make a significant contribution to the achievement of good governance goals. E-governance can make governance more efficient and effective, and bring many other benefits too, like bringing about radical economic and social changes that have generated new geographics, new cultures and new markets. It also has the potential to play an increasingly important role in sociocultural, economic and political development in an era of globalisation.
The traditional means of communication, transparency and accountability, no matter how indispensable, are by nature insufficient and, as a result, the ICTs are essential in achieving good governance. ICTs can be very useful tools for deepening and renewing parliamentary democracy by allowing better participation by citizens and facilitating the sharing of knowledge among peoples.
Developing countries’ governments have been using the old model of information technology or IT for 40 years. This only automated the internal workings of government by processing data. The new model is one of information and communication technologies supporting and transforming the external working of Government by processing and communicating data.
The old models held information technology isolated from the mainstream of reform. The new model brings information systems to the heart of reform and can be seen as a key lever to change, as it is becoming an essential part of more and more governance initiatives. A good example of how the new model of ICTs can support and improve the external working of governance is undoubtedly the initiative taken by the Department of Health in the Free State to open up a hi-tech satellite training centre in the province in February 2002. Since then 30 sites selected for a pilot phase of the project have been equipped for broadcasting by the national Department of Health. The pilot sites consist of rural hospitals and clinics distributed in seven of the provinces.
The pilot phase was started in July 2002 under the name ``The Health Channel’’. The pilot was a huge success according to the national Department of Health, and the level of interest raised showed that the project has great potential to cover the whole of South Africa and be amongst the Nepad initiatives for health.
In April 2003 the Department of Health and Sentech reached an agreement for outsourcing the management of the channel on a public-private partnership basis to a consortium with the necessary expertise in broadcasting management. According to the Department of Health, the channel will be ready to broadcast to 1 800 public health facilities by the end of the year.
This kind of information and communication technology is an innovative approach for, and can be an effective way of, addressing the immediate and future health education needs of the general public, and for developing the skills and knowledge of health professionals even in the most remote hospitals and clinics in the country. This project also includes the wonder of telemedicine that can improve the health of thousands of our people.
As a permanent delegate of the Free State I am proud to say that the Interactive Learning Communication and Management project, the ICAM project, was originally developed in the Free State. Another success story is the free and fair election of 1999. Through large-scale implementation of unique information and communication technologies, the IEC was able to ensure that all South African citizens could have their voices heard.
Many other success stories all over the world are listed in a working document compiled by Richard Heeks of the University of Manchester in the UK. Heeks, however, also indicated in the same document that success stories in developing countries are the exception rather than the rule mainly because of a lack of e-readiness, and also owing to the fact that surveys of e- governance initiatives are incredibly rare. According to Heeks, these are shortcomings that need to be addressed.
Since 1994 the South African Parliament has introduced a number of measures to improve the application of ICTs in the activities of Parliament and the legislatures. These measures include, as we have heard, the provision of laptop computers to all MPs and continual computer training for which we as MPs are very grateful.
In conclusion, I would like to say that the crux of modern technology - IT and ICTs - is that it enables governments to know what they know, to manage their knowledge and to apply technology in order to increase efficiency and accuracy in the performance of their daily tasks. IT and ICTs, however, only serve as a tool to achieve all this. Good governance still requires an ethic for the management of the state and its resources based on principles and certain norms, including the requirements of transparency, accountability, respect for the rule of law and an independent judiciary, and a democratic state that protects public liberties. [Applause.]
Mrs J N VILAKAZI: Chairperson, the rapid growth in trade and capital flows, the end of the Cold War and the expansion of information have changed the world as dramatically as the Industrial Revolution once did. Connectivity has increased, both economically and intellectually. This has given us new opportunities, but it has also increased our responsibilities.
A shared social space is emerging. Some call it a global village, but I prefer to use the image of a global neighbourhood as an expression for an increased interdependence and an emerging common ground of values. Decisions and developments in one region may today have immediate and far- reaching consequences for the lives of individuals, communities and whole countries in other parts of the world. Globalisation makes information more accessible everywhere. Information and communication technologies are connecting people in a way that we could only dream of a decade ago. Even very poor parts of the world can access information via the Internet, for example in Internet cafés.
The exposure to other lifestyles and values will influence and shape demands for change. Authoritarian regimes that used to control information as one means of securing power can no longer do so, even if some of them still make futile efforts to do so.
Access to and knowledge about democracy and human rights are enhanced by the new information technology, and so with the demand for change. The clash between growing prosperity and increasing injustices is becoming ever clearer, and more and more people are reacting to realities which they perceive to be deeply unfair and unjust. We see many signs of an increased engagement for justice. We must protect democratic values. We must be able to guarantee citizens’ influence.
We are gathered at a time when there is a political commitment at the highest level to reduce poverty. The Millennium Summit demonstrated further political will and commitment. The central challenge is to ensure that globalisation becomes a positive force for all the world’s people. The concrete commitment is to reduce by half the population living in extreme poverty by 2015.
Globalisation is a powerful force, born out of the interaction between people. It can be shaped and managed to respond to the world’s developing needs. If we have the political will, we can make globalisation a constructive tool in building a better world for all. Today we possess the knowledge and resources to eradicate poverty. Globalisation has brought development prospects of unprecedented magnitude. In the past decades, we have seen amazing progress, both in the fields of science and technology and in the social and economic spheres. Living conditions have improved considerably for many people in the world.
We also see a stable trend towards democracy and economic growth in many developing countries. This shows that it is possible to reach the international development goals. We can also help make it possible by supporting poor countries in their efforts. The contribution thus far made by new information and communication technologies has facilitated work processes tremendously. The IFP admires the new information and communication technologies as a means of improving parliamentary democracy and management of globalisation.
Mrs B N SONO: Madam Chair, we live in a new world order of the globalised world with its own defining technologies: computers, the Internet, satellite communications, fibre optics, etc. The defining measurement of the globalised system is speed - speed of commerce, speed of communication, speed of travel and speed of innovation. It is worth noting that this Government has adapted well, and its commitment to ICT is highly rewarding.
One of the undeniable consequences of the new information and communication technologies is that they have changed forever the relationship between the individual and the state. Because globalisation has simultaneously wired the world into LANs and WANs and other networks, it has given more power to individuals to influence markets and nation states than at any other time in history.
Applied with equity, globalisation can be a force for good, opening up avenues for economic growth. For example, with the outbreak of Sars in Asia, it was rapid worldwide communication of the dangers that allowed measures such as travel warnings, medical screening and quarantine to contribute to effective control of the disease.
Bringing the importance of communication closer to home, we have just received a communication from the Secretary to Parliament regarding the annual price increase of food - not that it is very welcome, but computerisation makes good governance in the sense that, at least, there is control and there are control measures against wastage, although the price of food has gone up considerably.
In the area of bandwidth, with the new telecommunications offerings, there has been, after an arduous process, the appointment of a second network operator alongside Telkom, which is due to be ratified by the Department of Communications, albeit 18 months late. This process has fallen far behind schedule and invariably it is the consumer who bears the brunt. The good outcomes are the estimated benefits to the economy of between R75 billion and R90 billion over 10 years. This will be achieved by reducing tariffs, driving down the cost of communications to stimulate the economy, leading to the creation of new industries and ultimately forcing Telkom to follow suit - another plus for good governance, albeit achieved at a price to the consumer.
We need to give credit where credit is due. Initiatives for improved parliamentary communication with the average South African citizen are indeed good and welcome. This Government has ensured that people from Khayelitsha in Cape Town and from Soweto in Gauteng have a glimpse of what their public representatives are doing, whether on radio or on television through the Parliamentary Channel.
The contribution of new communications technologies can never be overemphasised. According to a recent survey by BMI TechKnowledge 2002, fewer than 5% of South Africans have access to the Internet. Another survey found that approximately 35% of all South Africans have access to telephones, whether through cellular networks or landlines. Therefore if South Africa is to reap major benefits from information and communication technologies, an aggressive strategy to achieve Internet and telephony penetration has to be stepped up. Targets towards this achievement should be set at a premium.
Admittedly the phenomenal growth of mobile communications and of the Internet and the convergence of the telecommunications, computing and broadcasting sectors have brought a sea change in the regulatory frameworks of this Government. Issues of governance play themselves out in public, for example the exposure of corruption scandals and inefficiencies where they exist.
We are all starting to realise how globalisation has a strong influence on the internal development of South Africa, regions and communities as well as on the institutions governing them. This powerful transformation has increasingly visible effects on the population and, as a result, on their political representation.
The new economic reality that is taking shape sets major challenges for parliamentarians, particularly concerning the effectiveness of their legislative actions and their ability to adapt to change. Indeed, to what extent can a parliament, as the central institution of democratic life, maintain its influence in a society that is increasingly affected by economic agents, international trends and intergovernmental plans of action when its laws are in force only in a limited territory? Globalisation can be beneficial, as it provides a way to break out of isolation. However, it also generates inequalities. One of the serious impacts that this may cause is the complete disappearance of certain local economies that are of major importance to subregions, such as small and medium businesses - especially, for example, in the agricultural sector - which cannot compete with multinationals once markets are opened.
Since economics affects all aspects of life in any country, co-ordination among parliaments, government departments, civil society and business is crucial in obtaining a sustainable and balanced modernisation programme for the country. Bringing this closer to home, this Council has taken note of the collapse of the WTO trade round and the major concerns of developing countries, including ours, around the agricultural subsidies which deprive developing countries of their competitive advantage. Parliamentarians have a crucial role to play in order to minimise the negative impacts of economic integration processes.
Initiatives supporting the improvement of parliamentary democracy to manage globalisation by ensuring that the interests of the population are served would be the following: the establishment of some form of participation by all concerned parties in the negotiation process; the setting up of mechanisms to make the necessary expertise and information available to the different sectors interested in this process - for example, considering the conflicting media reports regarding the collapse of the WTO trade talks at Cancun, I am sure that this Council would want to be briefed as to what exactly happened in Mexico; the dissemination of information regarding choices made and progress achieved; and the conducting of studies to analyse the numerous aspects arising out of the hemispheric integration processes.
Parliamentarians, as representatives of populations, must take up the challenge of contributing to the establishment of fair and more democratic trade agreements. Parliamentary groups can play a pivotal role in this regard, especially when it relates to contributions in research and development. As we have seen again with the ACP-EU parliamentary meetings, at the end of the day, it is always the African countries - including our country, because it is one of the developing states - that lose out.
My contribution in particular would be that as a parliament, much as we recognise the efforts that the Government has made and the distance it has travelled in connecting the country … [Time expired.] [Applause.]
Ms B N DLULANE: Madam Chairperson, we have, in recent years, picked up a
whole new language in South Africa, namely a new computer language, which I
am sure is the same elsewhere in the world as well. There are now terms
such as global village'', theInternet super highway’’, surfing the
net'',e-mail’’, chat rooms'', home pages’’, websites'', web
addresses’’, ``search engines’’ and the like. Whether we fully comprehend
what is happening around us or not, the reality is that there are new
dynamic, emerging communication tools increasingly available to South
Africans across the racial divide.
Increasingly our homes, schools and even churches are becoming aware of the new information technology available to them. How many South Africans are walking around with cellphones?
Ungakhe uve phaya eMpuma Koloni, phaya koomaPort St Johns umntu esithi,
Molo mhlobo wam!'[You can hear people even in areas such as Port St Johns
in the Eastern Cape saying: Hello, my friend!’]
If we began to tabulate these new technological innovations, then we would no doubt come up with impressive numbers of ordinary people having access to highly sophisticated communication tools. With this awareness comes increasing demands for computer hardware, telephone lines, electrical power sources, cellphone towers and other start-up infrastructure which is essential to set up communication networks of this nature.
Kambe kunjalo iingxaki zikhona kuba ungafumanisa ukuba kwezinye zeendawo zithi zikhona ufumanise ukuba azikwazi ukusebenza ngenxa yeendawo ezibekwe kuzo. [But there are problems still being encountered in other areas as they cannot function because of non-availability of infrastructure and/or their location.]
What we have attempted to do, since we came into power in 1994, is to utilise whatever resources we have at our disposal to ensure good governance and the efficient delivery of services. We believe that central to good governance are accountability, effective and efficient service delivery and exceptional communication strategies, especially for those who have been disadvantaged.
Abantu bafuna ukusoloko befumana ingxelo kwabo babanyulileyo. Bafuna lo Rhulumente wabo aphucule ngakumbi iinkonzo eziza kubo ngoqhagamshelwano nonxibelelwano olululo noluphucukileyo. Ngolo hlobo abameli babantu banganakho ukuba nonxibelelwano oluthe ngqo nangokulindelekileyo nabantu babo. (Translation of isiXhosa paragraph follows.)
[People want to constantly hear reports about what is happening from their representatives. They want this Government to improve services by providing efficient communication strategies. This would provide direct communication between people and their representatives.]
Given this new era of globalisation, with the use of sophisticated information systems and other technological innovations, governments can also promote good governance by bringing government to the people, government to business and government departments to other government departments. Essentially what this means is that Government should creatively take advantage of new technologies for service delivery.
In the e-Government Policy of the Department of the Public Service and Administration, the second draft, version 3.2, there are a number of groundbreaking strategies already under discussion. As part of their vision they quote from the Gartner Group, which defines e-government as the ``continuous optimisation of government service delivery, constituency participation and governance by transforming internal and external relationships through technology, the Internet and new media’’.
Some of the methods governments can utilise in the efficient delivery of services, which are also contained in the e-governance policy document, are: walk-in centres, where a wide range of integrated public services can be offered by one agent; Internet facilities which offer practicable public services privately, confidentially and instantly; and call centres which allow for the provision of integrated public services remotely, by way of the telephone.
Eneneni zikhona iingxaki nemingeni ekusetyenzisweni kobuxhakaxhaka boqhagamshelwano nokuxhamla iinkonzo zoluntu. Eyona ingundoqo ekubeni yingxaki ngumbane. Ngelishwa yonke imizamo emitsha ingakumbi ukusetyenziswa kweekhompyutha ifuna umbane ukuze isebenze. Ikhona injalo imizamo esiyiqhwabela izandla iindawo kuRhulumente wethu ziseninzi iindawo ezingenawo lo mbane usisitshixo okanye iindleko zokuwufumana ziphezulu kakhulu. Nditsho ke phaya ezilalini phaqa. Kananjalo obu buchwepheshe boqhagamshelwano, lungagadwanga, lungenza umsantsa omkhulu phakathi kwabo banezinto nabo bahluphekileyo. Ibalulekile ke into yokuba lugadwe. (Translation of isiXhosa paragraph follows.)
[There are problems and challenges in the use of conventional communication strategies and access to public services. One of the most pressing problems is electricity. Unfortunately all innovations, such as computers, require it. Our Government has made considerable efforts to provide electricity but there are areas where it is still unavailable or the cost of installation is very high. I am talking about the very remote areas. We should be cautious of the fact that these new information technology initiatives could create a wide divide between the haves and the have-nots, if not carefully monitored. It is therefore important that they are monitored.]
Alternative power sources - installations such as solar power and batteries
- are possible, but the equipment used for information and communication technology is not necessarily compatible. Clearly we need to do more work in the development of information technology equipment that can be utilised in any of our vast geographical areas before we can implement such initiatives.
Then there is the question of affordability. Those who may wish to access government services such as social grants will be automatically excluded by virtue of their poverty. Access to Government through the Internet costs a great deal of money. Even if Government were to purchase some of the equipment, because we do not manufacture all the IT and other communication equipment in South Africa, we would have to pay exorbitant international prices.
We in South Africa are extremely aware that three quarters of the world’s telephones are installed in only eight industrialised countries, while 80% of the world’s people, mostly in developing countries, have no access to telephone services. Here on our own continent we have 12% of the world’s people, yet only 1,8% of the world’s lines.
With these inequities happening on a global scale, we already have the odds stacked against us in our task of levelling the playing fields in our country. However, we have never backed away from a challenge. It is not in our nature. We therefore have no hesitation whatsoever in supporting all calls, whether national or international, which encourage a climate conducive to the advent of a truly information-driven society.
Ndiyabonga, Mhlalingaphambili. [Kwaqhwatywa.] [I thank you, Chairperson. [Applause.]]
Debate concluded.
The Council adjourned at 15:10. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- Introduction of Bills:
(1) The Minister of Environmental Affairs and Tourism:
On request of the Minister the following Bill was introduced by
the Select Committee on Land and Environmental Affairs in the
National Council of Provinces:
(i) National Environmental Management: Air Quality Bill [B 62
- 2003] (National Council of Provinces - sec 76) [Bill and
prior notice of its introduction published in Government
Gazette No 25289 of 1 August 2003.]
Introduction and referral to the Select Committee on Land and
Environmental Affairs of the National Council of Provinces, as
well as referral to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160, on 23 September 2003.
In terms of Joint Rule 154 written views on the classification of
the Bills may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
National Council of Provinces:
- Messages from National Assembly to National Council of Provinces in respect of Bills passed by Assembly and transmitted to Council:
(1) Bills passed by National Assembly on 22 September 2003 and
transmitted for concurrence:
(i) National Environmental Management: Protected Areas Bill [B
39B - 2003] (National Assembly - sec 76).
(ii) Environment Conservation Amendment Bill [B 45B - 2003]
(National Assembly - sec 76).
The Bills have been referred to the Select Committee on Land and
Environmental Affairs of the National Council of Provinces. TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Arts, Culture, Science and Technology:
Report and Financial Statements of the National Film and Video
Foundation for 2002-2003, including the Report of the Auditor-General
on the Financial Statements for 2002-2003 [RP 122-2003].
- The Minister for Agriculture and Land Affairs:
Report and Financial Statements of the Bala Farms (Pty) Ltd for 2002-
2003, including the Report of the Auditor-General on the Financial
Statements for 2002-2003 [RP 76-2002].
- The Minister of Trade and Industry:
(a) Report and Financial Statements of Vote No 31 - Department of
Trade and Industry for 2002-2003, including the Report of the
Auditor-General on the Financial Statements for 2002-2003 [RP 50-
2003].
(b) Report and Financial Statements of the Technology and Human
Resources for Industry Programme (THRIP) for 2002-2003, including
the Report of the Auditor-General on the Financial Statements for
2002-2003.
- The Minister of Health:
(a) Report and Financial Statements of the Medical Research Council
of South Africa (MRC) for 2002-2003, including the Report of the
Auditor-General on the Financial Statements for 2002-2003 [RP 91-
2002].
(b) Report and Financial Statements of the Council for Medical
Schemes for 2002-2003, including the Report of the Auditor-General
on the Financial Statements for 2002-2003 [RP 105-2003].
- The Minister for Safety and Security:
Report and Financial Statements of Vote No 24 - Department of Safety
and Security for 2002-2003, including the Report of the Auditor-General
on the Financial Statements for 2002-2003 [RP 186-2003].
National Council of Provinces:
Papers:
- The Chairperson:
(1) Eighth Report of the Working Group on the African Union:
1. Introduction
In its seventh report to the House, adopted on 19 June 2003,
the Working Group recommended that the National Assembly
consider convening a meeting of African Parliaments to
exchange views on the Pan African Parliament (PAP) with a view
to building a common vision.
The Speaker had consulted the Chairperson of the National
Council of Provinces (NCOP) and been advised that the NCOP
Working Group on the African Union would be meeting and the
Deputy Chairperson would be participating in the discussions
of the National Assembly Working Group. The Working Group
agreed that it would continue to invite all members of the
NCOP Working Group to its meetings.
2. Meeting of African Parliaments
The meeting of African Parliaments was held from 30 June to 1
July 2003 in the National Assembly Chamber and was opened by
Deputy President, H.E. Mr J G Zuma.
The meeting was attended by 138 Parliamentarians from 38
Member States of the African Union. Twenty six (68%) of the 38
delegations included women Parliamentarians, with the total
number of women Parliamentarians being 41 (30%). Delegates
included 34 Presiding Officers of which 17 were Speakers of
Parliaments.
The meeting adopted a Declaration which was presented to the
Assembly of the African Union at the 2nd Summit of the AU held
from 4 to 12 July 2003 in Maputo, Mozambique. The Declaration,
among other things, urged Member States that had not yet
deposited the instrument of ratification (of the PAP Protocol)
to do so by 31 December 2003. The full report of the meeting
as well as the Declaration can be accessed on the
Parliamentary website: www.parliament.gov.za.
3. Establishment of the Pan African Parliament
In terms of Article 22 of the Protocol to the Treaty
Establishing the African Economic Community relating to the
Pan African Parliament (PAP Protocol), the Protocol will enter
into force thirty (30) days after the deposit of the
instruments of ratification by a simple majority of the Member
States. Article 5(2) provides that the Assembly will determine
the beginning of the first term of office of the PAP at its
session immediately following the entry into force of this
Protocol.
At the time of the 2nd Summit of the African union only 16
countries had ratified the Protocol. The Summit could
therefore not decide a date for the first meeting of the PAP.
It mandated the Chairperson of the Union, in consultation with
the Commission, to determine the beginning of the first term
of office of the Parliament in terms of Article 5(2) as soon
as it comes into force.
The Summit did not discuss or decide on the Seat of the PAP.
However, if sufficient ratifications are deposited before the
next Summit, it will be possible for the Chairperson of the
African Union to determine that the PAP meet in any country
offering to host that meeting.
The Assembly endorsed the Declaration emanating from the
meeting of African Parliaments and also urged all countries
which had not already deposited instruments of ratification to
speed up the process of signing and ratifying the Protocol by
31 December 2003, to enable the Protocol to enter into force
and the Parliament to meet before 31 January 2004.
The full text of the Assembly resolution is attached to the
report as annexure A.
(2) Ratifications and preparations for PAP
As at 8 September 2003, 22 countries had deposited
instruments of ratification with the AU Commission. A
mechanism has been established at an administrative level
between the South African Parliament and the AU Commission to
track progress on ratification.
The Speaker informed the Working Group, that the African
Union Steering Committee on PAP, would be convened soon after
the new Commission elected in Maputo took office in mid
September. The Committee would consider the progress of
ratification, and assess the possibility of the PAP having its
inaugural session before 31 January 2004, as per the
resolution of the Summit.
The Steering Committee will also consider the preparations
that would need to be made, in order to enable the PAP to
meet.
(3) Deliberations of the Working Group
In view of the possibility of a meeting of the PAP early in
2004, the Working Group agreed to focus on preparing the South
African Parliament to participate. Among the issues identified
are: composition of delegation to the PAP; election of
delegates; mandates, accountability and reporting mechanisms;
Oath of Office; a seminar on the Protocol and the South
African Constitution as well as the popularization of the PAP
and the AU. A programme of work has been agreed to address
these issues.
(a) Composition of delegation to the Pan African
Parliament
In terms of Article 4(2) of the Protocol, each State
shall be represented in the PAP by five (5) members, at
least one of whom must be a woman. The representation of
each Member State is, in terms of Article 4(3), required
to reflect the diversity of political opinions in each
National Parliament or other deliberative organ.
(i) Gender
The Working Group recommends: That at least three
(3) of the delegates should be women.
(ii) Political representation
Parties need to discuss and agree on the
composition of the delegation in terms of party
representation. The following options were
discussed by the Working Group and parties need to
reflect on them, prior to a decision.
Option A
If the largest party is to have a majority: 3
members from the largest party and 2 members from
among other parties.
Option B
If no majority representation is considered
necessary: the five parties with the biggest
numbers could have 1 member each or a variation.
(iii) Representation from each House
The above matter is still under discussion and the
Working Group will report on it in due course.
(iv) Executive representation
Article 7 of the Protocol states that membership
of the PAP will not be compatible with the
exercise of executive or judicial functions in a
Member State. It is an established practice within
Parliament that members of the Executive are not
included in the composition of Parliamentary
delegations. Members of the Executive will
therefore not be included in the delegation to the
PAP.
(b) Election of delegates
According to Article 5(1), the Pan African
Parliamentarians shall be elected or designated by
the respective National Parliaments or any other
deliberative organs of the Member States, from among
their members. Article 5(3) provides that the term of
a member of the PAP shall run concurrently with his
or her term in the National Parliament or other
deliberative organ.
This means that this Parliament will need to elect
members to serve on the PAP, if the Chairperson of
the AU acts in terms of the Summit resolution and
determines the beginning of the first term of the PAP
to be before South African elections in 2004. The
post-elections Parliament will need to elect five (5)
members of the PAP to serve until the 2009 elections.
The Working Group is currently discussing the
procedure to be followed in the election of delegates
to the PAP. Recommendations in this regard will be
tabled in due course.
(c) Mandates, accountability and reporting mechanisms
The Working Group notes that Article 6 of the
Protocol states that the Pan African Parliamentarians
shall vote in their personal and independent
capacity. However, it was also noted that delegates
to the PAP represent their respective Parliaments and
for this reason they should be accountable for the
positions they take at the PAP.
(i) Establishment of a Committee
The Working Group recommends: That Parliament
considers establishing a Committee to process
and deal with issues emanating from the African
Union and the Southern African Development
Community Parliamentary forum (SADC-PF). The
Committee would discuss mandates and receive
reports emanating from the PAP and the SADC
Parliament (when it is established) and table
reports in the South African Parliament. This
Committee could also be a forum for discussion
with the Executive in its engagement with both
the AU and SADC.
It will be necessary to establish this
Committee before the first meeting of the PAP,
which may be as early as January 2004.
Comparative research will be conducted on how
other national Parliaments interact with their
delegates to regional and continental
Parliamentary bodies.
(ii) Recall of delegates
Article 5(4)(f) of the Protocol provides that
the seat of a member of the PAP shall become
vacant if he or she is recalled by the National
Parliament or other deliberative organ.
The Working Group recommends: That the Assembly
considers the inclusion in the Rules of a
procedure for recall.
(d) Oath of Office
In terms of Article 13 of the Protocol, at its first
sitting after the election and before proceeding with
any other matter, Pan African Parliamentarians shall
take an Oath or make a solemn declaration.
The Working Group has considered whether South
African delegates to the PAP should be required to
take an additional oath in Parliament. The general
view was that this would not be necessary, however,
the possibility of amending the current oath to
provide for affirmation of loyalty to the concept of
African Unity could be explored. The Assembly could
consider this matter with a view to the 2004
elections.
(e) Seminar on the PAP Protocol and the South African
Constitution
This will be the first occasion that Parliament will
participate in a forum such as the PAP and it is
necessary that all members are informed and prepared
for the additional responsibilities we are assuming.
The Working Group has agreed that it is necessary to
make members aware of the detail contained in the PAP
Protocol and the implications of participation in a
multilateral Parliament and the possible impact on
the functioning of our Parliament. In this regard, it
is also necessary to include a discussion on the
South African Constitution vis-à-vis the PAP
Protocol.
The Working Group recommends: That a seminar on the
above issues be held before the end of the 2003
Parliamentary session. This exercise will create an
opportunity for members to meaningfully engage on PAP
issues.
Report to be considered.
ANNEXURE A to Eighth Report of the Working Group on the African
Union:
DECISION ON THE PROTOCOL TO THE TREATY ESTABLISHING THE AFRICAN
ECONOMIC COMMUNITY RELATING TO THE PAN-AFRICAN PARLIAMENT
(1) The Assembly:
1. NOTES WITH APPRECIATION the conclusions of the meeting of
African Parliaments held in Cape Town, South Africa from 30 June
to 1 July 2003 and ENCOURAGES the Steering Committee set up in
pursuance of the Decision taken by the Assembly in Durban, South
Africa in July 2002, to pursue its endeavours aimed at speeding up
the process of ratification of the Protocol by Member States;
2. UNDERSCORES the urgency of the entry into force of the Protocol
to the Treaty establishing the African Economic Community relating
to the Pan-African Parliament and the importance of setting up
this organ which will ensure the effective and full participation
of African peoples in the development and integration of the
Continent;
3. COMMENDS Member States which have already deposited the
instruments of ratification of the Protocol;
4. URGES all countries which have not already done so, to speed up
the process of signing and ratifying the Protocol by 31 December
2003 if possible to enable the Protocol to enter into force, and
the Parliament to meet before January 31st 2004;
5. REQUESTS the Commission to pursue the efforts already initiated
to obtain very rapidly the requisite number of ratifications for
the entry into force of the Protocol, thereby making this
instrument operational;
6. NOTES that the Protocol will come into force 30 days after the
deposit of the instruments of ratification by a simple majority of
the Member States;
7. MANDATES the Chairperson of the Union, in consultation with the
Commission, to determine the beginning of the first term of office
of the Pan-African Parliament in terms of Article 5(2) of the
Protocol as soon as the Protocol comes into force.
(2) Executive Summary of Issues raised at the Workshop on the Draft Powers, Privileges and Immunities of Parliament and Provincial Legislatures Bill
(1) General:
The workshop recommended that consideration be given to whether
the Provinces should not consider a separate Bill within the
same broad-based guidelines or whether there should be one bill
with a separate chapter specifically dealing with the Provinces.
Following discussion it was agreed that given sections 58(2),
71(2) and 117(2) of the Constitution, the recommendation was
that there should be a single piece of legislation which
included a separate chapter specifically dealing with the
Provinces.
(2) Definitions:
The definitions in the Bill need to be consistent with the
provisions of the Constitution and be aligned with the Rules of
the Houses and other relevant legislation.
(3) Chapter 2:
(3.1) Clarification would be needed (even in the Rules)
regarding the process of the exercise of control over
the security forces in Parliament for purposes of
safeguarding the precincts and enforcing parliamentary
law.
(4) Chapter 3:
(4.1) A clear definition is needed of the terms which are
material to the content of the Chapter, e.g. "punishable
conduct" contempt.
(4.2) Fines which are to be imposed need to be reconciled with
other analogous legislation and with the penalties
provided for in the Code of Ethics.
(5) Chapter 4:
(5.1) It is recommended that the clauses providing for the
immunities for Members of the Pan-African Parliament and
the SADC Parliament should be deleted and dealt with in
the relevant protocols or treaties. Care needs to be
taken to ensure that the immunities which are granted do
not conflict with the any of the rights which are
entrenched in the Constitution.
(5.2) The Bill should protect non-members. Parliamentary
privilege is a powerful tool and should be used
responsibly by those who are granted it. The Rules of
the House should make provision for specific guidelines
to empower the Presiding Officer to act on any abuse of
privilege or defamation of another Member. Should a
person feel aggrieved they should be able to petition
the Presiding Officer to protect their reputation. A
mechanism for considering these petitions would need to
be set up.
(6) Chapter 5:
The clause in the Bill which seeks to force a witness to provide
information that may incriminate him/her in a legal suit should
take account of the constitutional right to silence, so as to
ensure that the Bill does not breach any constitutional rights.
(7) Chapter 6:
This Chapter is concerned with the publication and broadcasting
of proceedings. The broadcasting policy which is currently being
drafted and the relevant provisions of this Chapter should be
read together and balanced against the voters' right to be
informed regarding the performance of their public
representatives. The provisions should also be scrutinised in
terms of the practicality of implementation.
(8) Chapter 7:
Clause 29 provides for the repeal of section 31 of the Powers
and Privileges of Parliament Act, 91 of 1963. This section
defined who the Accounting Officer of Parliament is, but this
provision has not been imported into the current Bill. It is
recommended that section 31 of the 1963 Act be incorporated in
the Bill.
(9) Tagging of the Bill:
The Bill has been provisionally classified as a section 75 Bill.
However, given that the Bill will also regulate provincial
Legislatures, the question arises as to whether the Bill should
be tagged as a section 75 Bill or a section 76 Bill.
Copies of Report available at the Office of the Clerk of the
Papers.
COMMITTEE REPORTS:
National Council of Provinces:
-
Report of the Select Committee on Security and Constitutional Affairs on the Promotion of National Unity and Reconciliation Amendment Bill [B 34B - 2003] (National Assembly - sec 75), dated 22 September 2003:
The Select Committee on Security and Constitutional Affairs, having considered the subject of the Promotion of National Unity and Reconciliation Amendment Bill [B 34B - 2003] (National Assembly - sec 75), referred to it, reports that it has agreed to the Bill.