National Council of Provinces - 25 November 2003
TUESDAY, 25 NOVEMBER 2003 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The House met at 14:09.
The Deputy 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.
QUESTIONS AND REPLIES - see that book.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Hon members, according to the Order Paper we will be starting with questions to the Ministers today. I have two requests here from the Deputy Minister of Finance. He is requesting that we take his questions a little bit earlier, because they will be debating the Medium-Term Budget Policy Statement in the National Assembly. I also have a request from the Minister of Health. She has an earlier commitment in Pretoria.
I have decided that I will accede to their requests. I hope the members do not have a problem with that. Hopefully other Ministers will agree that we proceed that way. I don’t think you will have any problem. Hon Minister of Sport and Recreation, hon Balfour? You’ve got to go to the National Assembly to answer a question? I didn’t get your request, Minister, but it is fine. Hon Balfour will be first.
NOTICES OF MOTION
Mnr A E VAN NIEKERK: Voorsitter, ek sal by die volgende sitting van die Raad voorstel:
Dat die Raad -
(1) die opening van die Poskantoor se fasiliteit in die Parlement vandag met dank aanvaar;
(2) daarvan kennis neem dat -
(a) die gebeurtenis versuur is deur die taalarrogansie van die
Poskantoor en sekere amptenare wat nie uit die kultuur van die
Royal Mail uit die Britse tydperk ontsnap nie;
(b) die eentalige diens en kennisgewingborde nie die
veeltaligheidswerklikheid van Suid-Afrika en hierdie Parlement
verteenwoordig nie en dus ook nie in ooreenstemming met die Suid-
Afrikaanse Grondwet is nie;
(c) selfs die seëls wat beskikbaar is nie in een van die 10 inheemse
tale van Suid-Afrika nie, maar slegs in Engels beskikbaar is; en
(d) al die goeie werk van Minister Ivy Casaburri, met die
bekendstelling van haar taalportaal, tot niet is; en
(3) ‘n beroep op alle tersaaklike parlementêre komitees doen om druk toe te pas op die Poskantoor om sy taalbeleid nou reg te stel sodat die Poskantoor sy slagspreuke kan uitleef van -
"Passionate about customer excellence"
"Embracing diversity in the way we do business"
"We will deliver whatever it takes" (Translation of Afrikaans notices motion follows.)
[Mr A E VAN NIEKERK: Chairperson, I shall move at the next sitting of the Council:
That the Council -
(1) gratefully accepts the opening of the Post Office’s facility in Parliament today;
(2) notes that -
(a) this event has been spoilt by the continuing language arrogance
of the Post Office and certain officials as they cannot break
away from the culture of the Royal Mail from the British era;
(b) the service and notice boards in only one language do not
represent the multilingual reality of South Africa and of
Parliament, and are therefore not in accordance with the
Constitution;
(c) even the stamps are not available in one of the 10 indigenous
languages of South Africa, but only in English; and
(d) all Minister Ivy Casaburri's good work in introducing her
language portal is gone;
(3) calls on all relevant parliamentary committees to put pressure on the Post Office to correct its language policy in order to be able to realise its slogans of -
``Passionate about customer excellence"
``Embracing diversity in the way we do business"
``We will deliver whatever it takes''.]
This can only be done by recognising Afrikaans and the other indigenous languages.
BIZARRE TRAINING METHODS USED AT KAMP STAALDRAAD
(Draft Resolution)
Mr K D S DURR: Chairman, I move without notice:
That the Council -
(1) takes note of the bizarre training methods imposed upon our rugby Springboks in the training run-up to the Rugby World Cup held in Australia;
(2) considers this kind of militaristic psychological warfare imposed upon our sportsmen by our rugby coaches, as has allegedly occurred at Kamp Staaldraad, as an invasion of the privacy and dignity of the sportsmen concerned;
(3) is of the view that the episode has brought ridicule and dishonour upon one of South Africa’s national sports, as well as on the players concerned;
(4) further believes that the behaviour of our rugby hierarchy stands in stark contrast to the great sportsmanship displayed by our golfing fraternity at the President’s Cup in George over the weekend, where great sportsmanship and wise leadership were the order of the day; and
(5) welcomes the intervention of our Minister of Sport and Recreation in this rugby affair in order to clean up the current unsatisfactory circumstances in our rugby.
Motion agreed to in accordance with section 65 of the Constitution.
DONATIONS TO ERADICATE POVERTY
(Draft Resolution)
Mr B J MKHALIPHI: Deputy Chairperson, I move without notice:
That the Council -
(1) acknowledges the fact that the eradication of poverty remains the overriding priority of the ANC-led government;
(2) notes that the Government has donated over three tons of confiscated hake to poor communities in the Western Cape as part of its fight against poverty;
(3) further notes that this follows a similar process last year when more than four tons of confiscated toothfish were distributed to poor communities in the Eastern Cape; and
(4) welcomes these donations as further proof of Government’s commitment to create a more equal, humane and caring society.
Motion agreed to in accordance with section 65 of the Constitution.
ROLE OF EDUCATION IN DEVELOPMENT OF SOUTH AFRICA
(Draft Resolution)
Ms E N LUBIDLA: Chairperson, I move without notice:
That the Council -
(1) notes that the ANC has time and again reaffirmed the important role education plays in the political, social and economic development of our country;
(2) further notes that it is the ANC’s belief that the poor should have access to quality education and that schools servicing the poor should be adequately provided for in terms of infrastructure and education resources to break the shackles of poverty;
(3) acknowledges the fact that under the ANC government expenditure on education has grown to become the largest budgetary item at almost 6% of gross domestic product, making us one of the countries with the highest government investment in education; and
(4) commends the Government and the Minister of Education for the commitment and dedication they have shown in ensuring quality education for all South Africans.
Mr A E VAN NIEKERK moved as an amendment: That, in paragraphs (1) and (2),
ANC'' be followed byand other participatory parties’’.
Amendment agreed to in accordance with section 65 of the Constitution.
Motion, as amended, agreed to in accordance with section 65 of the Constitution, namely: (1) notes that the ANC and other participatory parties have time and again reaffirmed the important role education plays in the political, social and economic development of our country;
(2) further notes that it is the belief of the ANC and other participatory parties that the poor should have access to quality education and that schools servicing the poor should be adequately provided for in terms of infrastructure and education resources to break the shackles of poverty;
(3) acknowledges the fact that under the ANC government expenditure on education has grown to become the largest budgetary item at almost 6% of gross domestic product, making us one of the countries with the highest government investment in education; and
(4) commends the Government and the Minister of Education for the commitment and dedication they have shown in ensuring quality education for all South Africans.
MEMBER OF NCOP INVOLVED IN ACCIDENT
(Draft Resolution)
Mr V V Z WINDVOЁL: Ngifuna kwenta lesiphakamiso lesingenhla lesingeke saphikiswa: [Chairperson, I move without notice:]
That the Council -
(1) notes with shock the accident in which a member of the Council, Mr M A Sulliman, was involved;
(2) expresses its relief that Mr Sulliman was not seriously injured in the accident;
(3) assures Mr Sulliman and his family that our thoughts and prayers are with them during this difficult period; and
(4) wishes him a speedy recovery.
Motion agreed to in accordance with section 65 of the Constitution.
MEMBER OF NCOP TEMPORARILY INCAPACITATED
(Draft Resolution)
Rev M CHABAKU: I move without notice:
That the Council -
(1) notes with concern that Ms Constance Nkuna, a member of the Council, is temporarily incapacitated and is currently recuperating in hospital;
(2) sends its warm greetings and good wishes to her, knowing that as a survivor, she will rise again; and
(3) extends words of comfort and support to her.
Motion agreed to in accordance with section 65 the Constitution.
16 DAYS OF ACTIVISM FOR NO VIOLENCE AGAINST WOMEN AND CHILDREN CAMPAIGN
(Draft Resolution)
Mr B J TOLO: Chairperson, I move without notice:
That the Council -
(1) notes that today the Deputy President is launching the 16 Days of Activism for No Violence Against Women and Children Campaign;
(2) further notes that the campaign is aimed at increasing awareness about violence directed at women and children, how it manifests itself in our society and the negative impact it has on the development of these vulnerable groups;
(3) acknowledges that since its inception the ANC has fought for the equality of all sections of South African society and has striven to broaden the consciousness of society about the challenges facing women and children in our country;
(4) further acknowledges the specific policies and programmes that have been developed and implemented since 1994 to integrate these vulnerable groups into the mainstream of society; and
(5) calls on all progressive forces in the country who aspire to see South Africa liberated from all forms of oppression, to pledge themselves to eliminate discrimination against women and to support this initiative of the Government to prevent and eliminate violence against women and children.
Motion agreed to in accordance with section 65 of the Constitution.
SOUTH AFRICAN MODEL APPEARS ON FRONT COVER OF AMERICAN MAGAZINE
(Draft Resolution)
Mr A E VAN NIEKERK: Chairperson, I move without notice:
That the Council -
(1) notes with pride that Roberta Little, a South African model from Lansdowne in the Cape Peninsula, appears on the front cover of the November 2003 issue of the prestigious American Magazine Town and Country;
(2) also notes that she is only the second woman of colour in the world to appear on the front cover of this magazine;
(3) further notes that, notwithstanding the fact that she lost her mother and brother at the age of seven and almost lost her father in a bomb blast in his Durban office six months later - he was the first person to appear before the Truth and Reconciliation Committee in the Western Cape and who has subsequently been informed by the Human Rights Violation Committee that a gross violation of his human rights had occurred - she rose above these personal tragedies in her life, setting a wonderful example to young South Africans who experience hardships in their lives to never give up, but to believe in themselves and their country.
Motion agreed to in accordance with section 65 of the Constitution.
DEATH OF 73-YEAR-OLD WOMAN ON FARM
(Draft Resolution)
Mrs J N VILAKAZI: Chairperson, I move without notice:
That the Council -
(1) notes with sadness the death of a 73-year-old woman on her farm in the Lephalele area near Polokwane on Sunday;
(2) further notes that two men attacked the woman and demanded a cell phone and cash before battering her with a sharp instrument;
(3) believes that the woman died on the scene and that her husband was injured by the intruders;
(4) expresses its condolences to her family and friends who are affected by her death; and
(5) calls on the police to launch a thorough investigation into the incident.
Motion agreed to in accordance with section 65 of the Constitution.
END OF THE MONTH OF RAMADAAN
(Draft Resolution) Mr N M RAJU: Thank you, Chairperson. I move without notice:
That the Council -
(1) notes that the fasting month of Ramadan ended last night;
(2) wishes our fellow South Africans of the Muslim communities a happy Eid Mubarak; and
(3) hopes their celebrations are full of joy and happiness on this auspicious day of Eid-ul-Fitr.
Motion agreed to in accordance with section 65 of the Constitution.
CONFERENCE REPORT ON GENETICALLY MODIFIED ORGANISMS
(Draft Resolution)
Mrs B N SONO: Thank you, Deputy Chairperson. I move without notice: That the Council, flowing from the Minister of Agriculture’s reply to a question by the hon Durr, requests that -
(1) a conference report on GMOs be made available to this Council to satisfy our curiosity;
(2) a debate be scheduled in the Council on GMOs and that this Council agrees in favour of the aforesaid.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Any objection? There is an objection, and therefore the motion will become a notice of motion.
FAST-TRACKING OF PROCEEDINGS OF THE ELECTORAL LAWS SECOND AMENDMENT BILL
(Draft Resolution)
Ms M P THEMBA: Chairperson, on behalf of the Chief Whip of the Council, I move the draft resolution printed in his name on the Order Paper, as follows: That the Council ratifies the decision the Joint Subcommittee of the Joint Programme Committee adopted on 20 November 2003 in accordance with Joint Rule 216(2), namely that the proceedings on the Electoral Laws Second Amendment Bill [B 73 - 2003] (National Assembly - sec 75) be fast- tracked by, where necessary, shortening any period within which any step in the legislative process relating to the Bill must be completed, in order to make it possible for the Bill to be passed by the adjournment of the current parliamentary session (Announcements, Tablings and Committee Reports, 20 November 2003, p 1503).
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Order! As there is no speakers’ list, I shall now put the question. The question is that the motion be agreed to. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all the delegation heads are present in the Chamber to cast their provinces’ votes. Are we all in? Yes.
In accordance with Rule 71, I shall first allow provinces the opportunity to make their declarations of vote, if they so wish. There is none. I shall now proceed to the voting on the question. I shall do so in alphabetical order per province. Delegation heads must please indicate to their Chair whether they vote in favour of, or against, or abstain. Eastern Cape?
Ms B N DLULANE: Supports.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Free State?
Ms N P KHUNOU: E a dumela. [Supports.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Gauteng?
Ms D M RAMODIBE: Gauteng e a dumela. [Gauteng supports.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): KwaZulu-Natal? Mrs J N VILAKAZI: Siyavuma. [We agree.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Limpopo?
Mr M I MAKOELA: Re a e thekga. [We support.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Mpumalanga?
Mr B J TOLO: Siyavuma. [We agree.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Northern Cape?
Mrs E N LUBIDLA: Siyavuma. [We agree.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): North West?
Mrs Z S KOLWENI: North West ke ya rona [The North West is ours.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Western Cape?
Ms N D NTWANAMBI: Lelethu. [It’s ours.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Order! All nine provinces voted in favour. I therefore declare the motion agreed to.
Motion agreed to in accordance with section 65 of the Constitution.
EDUCATION LAWS AMENDMENT BILL
(Consideration of Bill and of Report thereon)
The MINISTER OF EDUCATION: Deputy Chairperson, hon members, it’s a pleasure to be here in the NCOP, possibly for the last time in this Parliament, introducing a Bill of this type. I hope this is not the last time in Parliament altogether.
The introduction of this particular piece of legislation marks a turning point in our history, because, for the first time, an education Bill does not introduce any new policy directions. So we have reached a stage at which education policies and systems are now in place. We have no need for any radical, new departures.
Delivery - for those who know nothing about Government - also means delivering the right policies, and we have spent the past seven years working out and delivering the policies that our country needed. Therefore the major parts of this Bill represent only a fine-tuning of the system - a minor amendment to align other bits of legislation and to deal with emerging problems which have arisen in the implementation of our laws.
In many ways, therefore, this Bill is a symptom of our political maturity, which requires only minor amendments to legislation on an annual basis. The Education Laws Amendment Bill, I hope, will give rise to debate, not necessarily with the permission of the Deputy Chairperson, and not necessarily limited to this Bill, as we always do in this House. This Bill seeks to amend a number of existing laws: the South African Qualifications Authority Act, our first Act after liberation, passed in 1995; the Schools Act of 1996; the Employment of Educators Act of 1998; and the General and Further Education and Training Quality Assurance Act of 2001.
Many of the amendments are not contentious, controversial or difficult. They need very little explanation. I’m sure this will receive the support of everyone. Other clauses seek to improve the efficiency of the system, which should also be supported by all parties.
The more technical amendments, which I think warrant attention, are as follows. Firstly, there is an increase in the number of seats allocated to teacher unions on the SA Qualifications Authority board. On that basis there are now three national teacher unions and not two. I hope this will be supported, because the presentation by teachers, which is essential in a quality assessment body, must be uniform.
Secondly, we seek to amend the Employment of Educators Act. We do so to correct some of the references to other clauses, and also to allow the employer to appeal a finding or a sanction of a presiding officer. Employees currently have this right to appeal a decision. However, because we appoint an independent presiding officer to look after our disciplinary proceedings, we have had cases in which the sanctions meted out to teachers were highly inconsistent and sometimes grossly unfair. In some cases the sanctions were simply too light in comparison with other decisions in similar cases.
There must, therefore, be a sense of equity and justice when serious disciplinary charges are brought against teachers and the result does not reflect the importance of the case. This is where the head of department must have the right to appeal, so that the matter may be reconsidered by the MEC and not by the national Minister. This is because teachers are employed by the province, and the appeal should go from the deciding officer through the head of department to the MEC. So, this amendment is necessary in order to ensure consistency, fairness and justice in our disciplinary procedures. It is not a matter of controversy. I think everybody agrees that we must have a good system of ensuring the maintenance of the highest standards by our teachers.
The next amendment is a big mouthful. I don’t know who invented this title
for an Act. It’s called the General and Further Education and Training
Quality Assurance Act, generally known on the streets of South Africa as
the Genfetqa'' Act. The Act is amended is order to formalise a new name
for this council. They have chosen the nameUmalusi’’ - the shepherd -
signifying their role in protecting and advancing standards in education,
and we seek your approval for this.
Umalusi is an independent body, and I take great exception to something that appeared in one of those rags in Johannesburg which said that the increase in the passes in matric must not reflect a deterioration in standards. This is an extraordinary jump: First of all, because more blacks are studying for their matric, more blacks are passing, the implication being that there is a deterioration and a lowering of standards. Secondly, it is, in fact, a fundamental attack on an independent body made up of academics, administrators, and people involved in education. It is their job to certify, in terms of the results, that, firstly, procedures were followed; and, secondly, that the results represent the standard in that particular country. That is why I take great exception to this editorial in a Johannesburg newspaper implying that if there are more passes in matric, the standards somehow or the other have deteriorated. This is a harking back to the old South Africa, and the newspaper and the proprietors should be ashamed of the judgment they have made.
They seek to maintain and protect our standards of education, and therefore we seek your approval for the Genfetqa board to be called Umalusi - the shepherd. I think everybody will agree, and I hope it will be a good shepherd too. Umalusi sounds better than Genfetqa, we all agree. I regret that we did not change the short name of the Bill at the same time.
The major substantive amendment proposed by the legislation relates to the so-called ``top-up’’ payments to teachers. This practice of school governing bodies paying state-employed teachers an additional income has increased enormous injustices and complexities in the system. One must remember that under our law the state takes into account the number of children and the needs of the school, and the provisions for teachers - say 35 teachers. These are state employees. One then comes to the governing bodies. You will see that the fees of governing bodies have increased by up to 45% for next year, which is a matter of great concern, because fee increases of that type are essentially privatising what are state schools, and then they can appoint additional teachers. I know of schools where there are 25 state-paid and appointed teachers, and 25 additional teachers.
Now, the appeal, therefore, we are making on behalf of the Council of Education Ministers is that school governing bodies play a bigger part in ensuring that the budgets are approved by the parents, and not leave them to the chairpersons and the principals of schools. This particular area is a mischief which we are trying to cure, because there has been no regulation in this regard. In some cases the provincial department of education has been taken to court to try to enforce the continued payment of a perk after the governing body has decided not to continue with it. This happened in Limpopo where the governing body decided not to continue the additional payments. The case was brought against the province - which had no hand or foot in the additional payments - and they were trying to say that the province must pay.
In that case, if the application had been upheld, there would have been enormous chaos, because provinces would have had to pay millions of rands to teachers, when the decision about additional payments was not made by them.
It also has the effect of criminalising teachers because, under the Employment of Educators Act, teachers must seek permission to receive extra income. So, during the past four or five years, we have effectively made many teachers criminals because they have received additional payments, and they had not sought permission from the province.
Our aim, therefore, is to reconcile the two laws - the Employment of Educators Act and now the Education Laws Amendment Bill, and to ensure that nobody is prejudiced, neither the governing body nor the individual teacher and, of course, nor the province.
So, the legislation therefore proposes a very simple formula. Before the school governing body makes any additional payments to teachers, they should receive the approval of the provincial department. This, in turn, will require certain steps, including the assurance, for the first time, that all parents are aware of the intention. In other words, this must be presented to the school governing body. There is openness as to who gets a top-up. Now we don’t know who gets a top-up. It may depend on the principal having a favourite. I’m not just saying that; it may depend on that. Or it may be like, for example, in a particular case in Mpumalanga where the principal got free groceries, a free motor car, and holidays were paid for out of the school funds. Now, it’s very difficult to work out exactly who would give this kind of bonanza, this largess, this great gift which means that every day is a Christmas day at this school in Mpumalanga.
There must be openness now about who gets a top-up, what it is for and how much it entails. There are too many cases of parents not being aware of these matters, as in the Mpumalanga case, and the payments seem to be a case of perks. Well, perks for pals, really, determined only by the principal. This is undemocratic, contravenes the principal’s transparency and the management of the school budget, contravenes the whole spirit of the SA Schools Act, and is unacceptable.
Also, it imposes, as we discovered in the past few days, inordinate unregulated burdens on parents who may have no truck with the increase. I received a number of complaints from teachers who felt that payment to some created serious invidious challenges for many, because they couldn’t find rational grounds as to why some teachers were given a top-up and, in some cases, of fairly considerable amounts - R15 000, R20 000, R25 000. In one particular case of which I am aware, three childrens’ school fees for university were paid for a teacher employed by the school.
Now provincial departments are required to ensure that top-ups are paid. Top-ups/additional payments can be made, but only paid for genuine cases of extra work. Why do we say that? Well, state employees should never be paid extra for doing the jobs for which they are already paid by the state. Public servants and social workers are not paid additional amounts of money. Even my senior officials are not paid. Only where there are duties that go beyond the call of duty, such as additional extra-mural, out-of- school-time activities or some special responsibilities of educational leadership should departments give approval. An agreed set of criteria will be used by all the departments.
Yesterday, at the Council of Education Ministers, we discussed this issue because we don’t want a vast bureaucratic exercise as to the responsibility of the provinces, and this only comes into force by next June. All schools will have noticed the responsibility of the provinces as to how quickly they must act. This will ensure consistency in the application of the law.
I must also mention that we already have a performance management system
whereby good teachers can be rewarded. So, performance can be considered as
a basis for additional rewards. I notice the official opposition has
published a document called Education for liberation'', nogal’’,
appropriating the word that comes from actual forces of liberation. They
propose that we should pay for performance-related work, but clearly, the
official opposition does not understand existing Government policy. That is
but one of the many misunderstandings of existing Government policy.
I am pleased to report to you, for those pessimists who believe that requests for approval will be caught up in administrative tangles, that we have built into the law an obligation for provincial departments to reply to any requests in a specified time, failing which the school may appeal to the MEC of the province, which means political responsibility. I can also report that we have already begun this plan of implementation, subject to the approval of this Council, to ensure that we have a uniform approach across province to the matter. It is my expectation that, over time, these approvals will give us a good sense of where there are pressures in the system, which will allow us to perhaps respond to these in our salary negotiations with teacher unions, which would be the right thing to do. Are there particular pressures on, for example, maths teachers, science teachers, if I may say so, and history teachers also? This is something we can negotiate on with the teacher unions and the Education Labour Relations Council. If schools are having difficulty getting teachers to perform certain essential educational duties, and need to pay additional amounts for this, we should look at this - whether the state should in fact not be providing for such needs. This exercise will help us find out - because it’s mostly men who get the additional payments, I regret to say. Are the old-boy networks working? Let’s find out from the schools where there are genuine difficulties, either in performing certain tasks or in teaching certain subjects.
There has been a lot of mischief-making on this issue, with attempts to score political points by misrepresenting the amendment. Remember, this amendment is not for my department. It’s not from a Minister. It is a resolution of the Council of Education Ministers from the provinces.
Newspaper headlines of the particular variety in Johannesburg that I
mentioned have echoed the uninformed cries of those who have benefited from
the current arrangements, claiming that there is to be a ban on top-ups,
that there is a dumbing down''. This is a mindless word I read. Every now
and then when there is progress and there is change and development for the
better, more, by definition for these people, means worse, and they use the
wordsdumbing down’’. It must be a particularly South African expression,
because I haven’t heard this elsewhere.
This legislation proposes no such ban. It seeks to ensure that additional payments are properly planned and budgeted for, and that they are approved by all parents of the school, and that the provincial departments are aware of the intention to do so.
I am sure that you will agree that this is not unreasonable in the context of state employees in a public education system. As I have said, we don’t allow any other public servant to receive additional payments from the public, and this is a special dispensation for teachers. So, we are accepting the fact that teachers need special treatment. If a policeman does so, he would be charged with fraud. I cannot imagine any private sector employer agreeing to allow his/her employees to receive additional payments from someone else, because the governing body does not employ the state teacher. We are creating an international precedent in allowing for this. This shows the reasonableness of both the ANC and the reasonableness of my department that we are prepared to accept the precedent arising from this rather peculiar situation in South Africa where we effectively have an education system which is divided in two parts - a more affluent education system, and a system which we are trying to lift up by its bootstraps.
The least we can do, in allowing this practice to continue, is to ensure that it is done in an orderly fashion, with the full approval of the provincial departments as employers.
The Council is being asked to take a stand on the matter of public education. Remember this. Some political parties claim to defend the interests of public education, and then propose privatised approaches like vouchers and tax exemptions. They speak for certain interests, and vouchers are a classic way of destroying the vast majority of the schools in South Africa.
I hope that in February, when we are in session again, we might have a debate on the whole issue of giving parents vouchers like in a supermarket; you know, you get free vouchers which you can exchange for some goods, as if the children are intangible and schools are, of course, made of bricks and mortar.
This will undermine the very system of public education. A public education system has state-employed teachers at its core who are accountable to the provincial department of education for their work, and to the community at large. The call by some parties to deregulate this environment and allow a ``free market’’ for teachers will completely erode the foundations of our system, and result in a very messy and unfortunate system with teachers more concerned about pleasing the governing body than in performing the duties they are paid for. I am sure you don’t want our schools to move in that direction. I therefore call on you to support the Bill. As I understand it, there is agreement among all the provinces to support this Bill.
I end by saying while I am here, as there is no debate on the other Bill before the House, that I will not be here to listen to the chair of the committee. I’m here to call on you, the NCOP, to support the Higher Education Amendment Bill. The most important part of the Bill is the provision for the establishment of the national institutes for higher education in Mpumalanga and the Northern Cape. The establishment of the national institutes is a historic matter, not only because it signals a new beginning for higher education, but also because it introduces a new institutional form. The national institutes for higher education are not being established as independent higher education institutions as is the case with existing universities and technikons. Instead, as is indicated in the National Plan for Higher Education, the national institutes for higher education will serve as administrative and governance hubs for ensuring the coherent provision of higher education programmes in response to regional needs through programme collaboration between higher education institutions currently operating in Mpumalanga and the Northern Cape.
The higher education needs of Mpumalanga and the Northern Cape are now addressed as part of the Government’s new institutional landscape for higher education. The needs of our people in all nine provinces will now be met.
I wish to thank the NCOP for supporting the Bill. There will be much celebration amongst our people in Mpumalanga and the Northern Cape. They will realise, of course, that this is a different form of delivery taking place in these two provinces.
I thank you for your patience and your forbearance, Madam Chairperson. Thank you very much. [Applause.]
The CHAIRPERSON OF THE NCOP: Thank you, Minister, and Eid Mubarak to you.
Mr D M KGWARE: Hon Chairperson, hon Minister and hon members, we sat with the Bill, the committee considered all those issues and we tabled the Bill for adoption. We felt that we needed to make that clear upfront.
As we all know, the Bill before the House today has had no easy ride if one considers the extent to which one particular clause has been controversialised by those who represent and protect narrow, selfish interests. However, as the ANC, who represent the overwhelming majority of the electorate and who has a legitimate mandate to scrutinise any appearance of unfair practice, we are guided by the constitutional values of equality, fairness and justice for all. Moreover, we have a moral obligation to ensure that justice and fairness is seen to be upheld in our country.
As the select committee, we have had numerous complaints from parents about their frustration of paying excessive amounts in school fees, without justification from school governing bodies as to how the money is spent. Furthermore, during the ministerial investigation into the cost of education in public schools, requests were made to the Minister to regulate the additional remuneration to state-employed educators by governing bodies. It has also surfaced that, in some schools, parents are kept uninformed about amounts paid to such educators and of the reason for such additional remuneration. The Minister has already alluded to this. Some of these instances have led to court cases, especially in instances where incoming school governing bodies are refusing to honour the unlawful obligations of the outgoing SGB.
As far as we are concerned, the school governing body is not the employer of educators, except for those educators employed by the governing body in terms of section 20(4) of the SA Schools Act. If the school requires an additional educator, the post should be created in a systematic and transparent manner, which is reflected in the budget. The burden should not be shifted to the parents. The main objective of this amendment is not to ban extra remuneration, but to curb the irresponsible manner in which it is done. Moreover, the only proper way of paying such remuneration would be, first and foremost, to seek the approval of the department. Examples of such kinds are topping-up, which the Minister has already indicated and I would not like to repeat that.
The other amendment includes an increase in the number of members of the SA Qualifications Authority nominated by the organised teaching profession. This is done to ensure that all unions have equal representation. Furthermore, the Bill provides for errant teachers to appeal to the Member of the Executive Committee or the Minister in the event of inconsistency during findings of a disciplinary nature.
Quite often teachers find that they are up against presiding officers who have axes to grind or scores to settle. We trust that this amendment to the Employment of Educators Act will ensure greater fairness in these matters.
Lastly, we welcome the provision that effects the change of the General and Further Education and Training Quality Assurance Council, better known as GENFETQA, to Umalusi. Already I feel much more comfortable with the pronunciation, after having had to come to terms with what really is a tongue twister. We support this wholeheartedly. Thank you.
Mr J MAFEREKE (Free State): Thank you, hon Chairperson. Minister Kader Asmal and members of the Council, it is indeed an honour for me to have an opportunity to speak in this House for the first time. [Applause.]
This Bill amends four Acts and they are as follows: The SA Qualifications Authority Act, Act 58 of 1995; the SA Schools Act, Act 84 of 1996; the Employment of Educators Act, Act 76 of 1998; and the General and Further Education and Training Quality Assurance Act, Act 58 of 2001.
However, I will agree with other members in support of the Bill, but we want to concentrate on number one, because the rest are more technical. School governing bodies, I think, is a thorn in the flesh to everybody.
We from the Free State support these amendments in totality for the simple reason that they have actually closed the gaps that were there before, which created many problems for educators and were open to abuse at times by other institutions like school governing bodies. Without even considering other Acts like the Labour Relations Act and the Employment of Educators Act, these school governing bodies would take decisions which suited them and they would implement these decisions without any other consultation.
When their term of office ended, the newly elected members of the board had no obligation to honour the decisions that were implemented by the previous governing bodies. This created conflicts which warranted the department to intervene, but how should the department intervene when it was not part of the decisions taken, which neglected other laws that the department would have considered if it were part of the decision making process? As a result, the department found itself having the problem as it was not a part from the beginning.
Therefore, these amendments are trying to regulate school governing bodies to apply their minds in considering other laws, before making any decisions regarding payment of any kind to educators, and also to engage other departments with their proposal before their budgets are finalised by the school. In that sense, all the factors that will have an impact on the decisions taken will be considered before approval is granted by the department. Therefore, the employment of educators should really and solely rest with the department.
Finally, the rest of the amendments for the above-mentioned Acts that I have not spoken about are more technical in nature and we are in support of them. As I have said, they are only closing the gaps that have been there before. Before I rest my case, I want to comment to the Chairperson about when I came to this department. Being a chairperson of education I met the MEC of education and he talked about Umalusi. I thought Umalusi was a person. When is she coming? [Laughter.] Thank you.
The CHAIRPERSON OF THE NCOP: Order! I understand, hon member. Umalusi is almost here. [Laughter.]
Mr F ADAMS: Voorsitter, agb lede en agb Minister, u weet … [Chairperson, hon members and hon Minister, you know …]
… on the Cape Flats they have a saying when they want a person to focus …
… dan sê hulle: Jy moet bietjie wakker skrik'', of Jy vat bietjie
lank om wakker te skrik.’’ Ek wil vir Minister Asmal sê ek weet nie of hy
‘n bietjie lank gevat het om wakker te skrik, en of hy nog die hele tyd
wakker was, maar die ding net ‘n bietjie uitgerek het nie, maar baie dankie
vir die buigsame manier … (Translation of Afrikaans paragraph follows.)
[… then they say: You must wake up'' orYou are taking too long to
wake up’’. I want to say to Minister Asmal that I do not know whether he
took too long to wake up, or whether he has been awake all along and just
dragged things out a little, but thank you for the flexible manner ….]
… in which you take things into consideration and how you address the Bill. The new Bill shows more support for giving power to school governing bodies with regard to deciding on extra remuneration. It leans towards supporting this. The Bill stipulates that extra remuneration may not be unreasonably refused. The initial version of the Bill seems to want to put an end to extra remuneration paid by governing bodies to teachers. This Bill will regulate extra remuneration and will ensure that it takes place in a legal and transparent manner.
Provinsiale departemente sal moet seker maak dat die prosedures wat voorsiening maak vir ekstra vergoeding aan onderwysers op ‘n regverdige manier geïmplementeer word en dat hulle gereed is om dit te hanteer.
Die Nuwe NP steun die wetgewing. Ek dank u. (Translation of Afrikaans paragraphs follows.)
[Provincial departments will have to ensure that the procedures which make provision for extra remuneration to teachers are implemented in a fair manner and that they are ready to deal with this.
The New NP supports the legislation. I thank you.]
Mr K PANDAY (KwaZulu-Natal): Madam Chair, the objective of the Bill is to provide amendments to a series of Acts of Parliament in order to clarify matters pertaining to various clauses associated with them, and to cover matters which were not provided for by the existing provisions of the Acts. The hon Minister has explained precisely what the objective of the Bill is.
Thus, in terms of the SA Qualifications Authority Act, the amendments cater for the increase of trade union representation in the Authority from two to three, and for the retention of members of the Authority due to expertise and experience pertaining to the work of the body. We support this. Thus its functions are not interrupted unnecessarily.
In terms of the South African Schools Act, it amends several clauses associated with the remuneration of educators, the role and functions of the school governing bodies which are clarified sufficiently, and additionally the Act clarifies serious misrepresentations and unauthorised remuneration practices that have surfaced in various instances.
In this instance, especially in regard to section 38 of the Act, several key issues touched upon by the amendments are of crucial significance, especially those associated with the remuneration of educators. It is important to emphasise the costs associated with additional remuneration of our educators, as it has become common knowledge that large numbers of our best educational practitioners are lured by better financial prospects in places such as the United Kingdom and Australia. Research conducted by the Human Science Research Council and the University of Cape Town have painted a very serious picture regarding our educator migration. Yesterday’s Daily News in the Kwazulu-Natal province, and I am sure other newspapers, revealed startling information about the attractive salaries and perks offered to our teachers - more than double what we in South Africa are paying them. These are in overseas countries like the UK. If this continues, South Africa will be losing many of the cream of our educators and there will most certainly be a brain drain.
Hence, it is important for us to consider our educators reaping financial and other benefits due to them, after the correct rules and procedures are followed. I want to emphasise that proper guidelines must be in place.
The Act also clarifies the relationship between the state authorities, various stakeholders and key role-players vis-à vis unfair labour and other practices emanating from the Employment of Educators Act of 1998 and the Public Service Act of 1994. The amendments are based on concrete examples of legal cases that have created precedents. Thus there was a dire need of reformulation in order for tensions and conflicts to be remedied in the best possible way. Such processes will guarantee that the principles of fair and equal payment for work done will be applied consistently across the system. Additional remuneration for additional work done should be considered.
These educators should be rewarded for their sacrifice, time, effort and money spent in ensuring that the learners benefit from their experience. However, the most important factor will be to set proper guidelines and rules. This aspect must not be abused. There must be legal control. These guidelines must spell out the procedures to be followed, the amount to be paid, etc. All these must be done in concurrence with the unions, the governing bodies and other stakeholders in education.
These important components must be kept fully appraised of developments in the department. We must ensure that these rules and regulations are done collectively. No one must be in the dark. Full participation and transparency must be adopted in order to reach an acceptable compromise.
The Employment of Educators Act has been amended in terms of the processes associated with appointment of educators to be found in the Education Laws Amendment Act of 2002. It clarifies the systems and the role of the provincial minister of education, the presiding officer and other authorities in cases of misconduct, appeals and general rules and procedures.
In terms of the General and Further Education and Training Quality Assurance Act, the name of the General and Training Quality Assurance Council was changed to Umalusi, which means shepherd in Nguni, as it was considered unsatisfactory and cumbersome. We, from the province of KwaZulu- Natal, support this.
Our province is satisfied with the amendments, as the technical and substantial adjustments provided clarify key issues and details associated with certain provisions of these Acts. We support the Bill. I thank you.
Mr N M RAJU: Chair, may I start by wishing you a happy Eid Mubarak. Hon Chair, hon Minister, hon special delegates and hon colleagues, I would just like to make a brief comment on the reference made by the hon Minister to a newspaper editorial that was critical about the matric pass rate. I want to hasten to assure the hon Minister that the DA certainly does not entertain those kinds of sentiments. We, in fact, welcome any improvement in our matriculation pass rate.
The Bill seeks to amend the following Acts, namely the South African Qualifications Authority Act, 1995; the South African Schools Act, 1996; the Employment of Educators Act, 1998; and the General and Further Education and Training Quality Assurance Act, 2001, which the Minister quite rightly said was a mouthful.
These amendments are intended to enable the national Minister of Education to regulate certain policy areas for public and independent schools, areas such as the appointment of certain categories of teachers; a national process for the assessment, monitoring and evaluation for quality education; norms and standards for school funding; and the admission age of a learner to public and independent schools, among other things.
At first glance, the lowering of the age of admission of a learner to public and independent schools will be welcomed by most parents. South Africa thus falls more in line with international practice. The lowering of the age of admission is certainly a progressive step, but some worry does exist. Do our rural communities enjoy adequate Grade R facilities, preprimary infrastructure and human resources?
However, the area of special concern to the DA is the question of incentives paid to educators. In principle, all educators employed by provincial departments must be remunerated within the same salary ranges and on the same salary level for similar duties. Why does the ANC Government now consider it unfair and inappropriate for educators to be given additional monetary incentives? Must recognition of excellence in the performance by our educators be decried, declared unlawful? Generally speaking, it is true that a school governing body is not the employer of an educator, except in special circumstances.
In the Education White Paper 2 of 1996, the national Ministry introduced the proposal for a radically new system of education in South Africa. These proposals were highlighted by the introduction of the principle of ownership of the school by the community it serves - of a genuine and binding partnership between a local community and a provincial department of education, and so the concept of school governing bodies was born.
For reasons of accountability, provincial education departments have to play limited roles in the governance of schools. That paper was a founding document of the ANC Government. Why, then, does it now have this itch to circumscribe the powers of school governing bodies? This is nothing but a naked attempt to erode the central power of a community’s school governing body - the right of parents to decide who should teach their children. [Interjections.] The Ministry does not want good teachers to be remunerated with extra incentives. Is this really the way to ensure that equality among educators is brought about? What is certain is that mediocrity will become the norm. [Interjections.] Disillusioned educators and committed professionals will be forced to seek greener pastures elsewhere.
In its indecent haste to introduce transformation via the instrument of affirmative action, many of our excellent teachers in subjects such as maths and science were given settlement packages and sent out to graze. South Africa can ill afford to lose good teachers, especially in subjects such as maths, science, information technology and accounting. Let us not sacrifice excellence at the feet of ideological imperatives. [Interjections.] [Time expired.] Adv A H GAUM (Western Cape): Madam Chair, on behalf of the House, you will allow me to congratulate the Minister of Education on his fourth position on the list of a certain party.
The question of extra remuneration for teachers has generated sharp and extensive debate. The initial version of the Bill was rightly criticised by us and others as it created the impression that it wanted to put an end to the so-called perks that are paid by governing bodies to teachers. Our concern was that some of our well-qualified teachers would leave the profession and be lost to education. Fortunately, the version of the Bill before this House today is a much-improved one, and it seems that the DA hasn’t seen that there has been a change as far as this is concerned. [Interjections.]
This Bill attempts to regulate extra remuneration and attempts to make sure that such remuneration takes place in a legal manner that is open and transparent. We would like to thank Minister Asmal and his department for listening to our inputs and for amending the Bill accordingly. As we requested, the Bill now has clear criteria that the employer has to take into account when considering applications from schools. It also states that such applications must not unreasonably be refused.
We are also pleased with the new right of appeal to the MECs of provinces if approval has been denied to a governing body with regard to extra remuneration, or when the employer fails to provide a decision on an application within three months after the lodging of the application in the office of the employer.
We are on record as supporting the principle that teachers may receive fair extra remuneration when they take on extra responsibility and extra work. Governing bodies should have the right to reward the extra mile that so many teachers are willing to go, although we should also acknowledge, at the same time, that all governing bodies are not in such fortunate positions, something that the DA also forgets from time to time.
Skoolbeheerrade moet die reg hê om onderwysers en hoofde vir ekstra harde werk, toewyding en prestasie op ‘n billike en regverdige manier te beloon. Dit strook volledig met die beginsel wat ek ook onderskryf, net soos daar vir volgehoue mislukking vervolging behoort te wees. Ekstra harde werk en toewyding moet beloon word. (Translation of Afrikaans paragraph follows.)
[Governing bodies should have the right to reward teachers and principals for extra hard work, dedication and achievement in a fair and just manner. This is completely in line with the principle I also endorse, that for continued failure there should be prosecution. Extra hard work and dedication must be rewarded.]
However, one must be mindful of the fact that there are many schools that are not able to afford and offer extra remuneration because of their financial situations. Therefore, one must understand that this is a matter that has to be dealt with sensitively. For this reason it is very important that extra remuneration be provided in a fair and justifiable manner.
We cannot encourage extravagant expenditure and we must ensure transparency. Parents must know what the school fees they are paying are being used for. They must be fully informed pertaining to the contents of budgets. This will enable parents to take their SGBs to task. This, once again, emphasises the importance of parents becoming involved in school governing bodies to ensure that funds are indeed spent well. Through SGBs, our parents should ensure that they are not priced out of schools.
The challenge that remains is that of implementation. National departments and provincial departments now have the responsibility to ensure that the procedures that allow for extra remuneration are implemented in a fair and effective manner. However, the detailed procedures to implement the legislation in this regard must be drafted as a matter of urgency and provided to schools to enable school governing bodies to finalise school budgets next year.
I am therefore pleased to have seen evidence at yesterday’s CEM meeting that the process to finalise these regulations and procedures is already under way. We will have to be very careful to prevent massive administrative bottlenecks and ensure that the process is as simple and as least cumbersome as possible. We as a province support the Bill, and also the other amendments.
In conclusion, I would like to thank our teachers for their commitment to making education work in our country. As the future starts here with education, you are indeed building the foundation for the future, together with many parents who give up a lot of their time to be involved in their children’s education. Although many of our teachers may never receive extra remuneration from SGBs, we would like to thank them for their hard work and commitment. Thank you very much. [Applause.]
Mnu H T SOGONI: Sihlalo obekekileyo, Mphathiswa weSebe lezeMfundo ohloniphekileyo, boogxa bam, manenekazi namanene, ngokugunyaziswa liphondo leMpuma Koloni, ndiphakamela ukuvakalisa inkxaso yeli phondo kuphumezo lwalo Mthetho uYilwayo siwuxoxayo ngale njikalanga.
IKomiti yephondo ejongene nemicimbi yezeMfundo ithe yahlala yaphonononga lo Mthetho uYilwayo, yazivelela zonke iinkalo namasolotya abalulekileyo athe ayithundezela kwisigqibo sokuxhasa lo Mthetho uYilwayo. Kodwa ke, ukuqinisa inkxaso yethu siliphondo leMpuma Koloni, ndinqwenela ukwenza la mabal’ engwe ngalo Mthetho uYilwayo. (Translation of isiXhosa paragraphs follows.)
[Mr H T SOGONI: Hon Chairperson, hon Minister of Education, colleagues, ladies and gentlemen, I have been mandated by the province of the Eastern Cape to express its support for the Bill being debated this afternoon.
The provincial committee on education sat and analysed this Bill, and took note of all the important aspects concerning it, which prompted the committee to support it. However, in supporting the Bill, as a province, I wish to highlight the following aspects regarding it.]
Chairperson, let me devote my time to the amendment of section 38 of the SA Schools Act, which deals with the prohibition of payment of unauthorised remuneration or giving of financial benefit or benefit in kind to certain employees. This amendment has been the subject of intense debate during the briefings, both in the select committee of the NCOP, as well as in the standing committees on education in some of the provinces.
In order to follow and understand some of the arguments on this particular amendment, we should acknowledge that section 7(2) of the Constitution of the Republic of South Africa requires the state to respect, protect, promote and fulfil the rights in the Bill of Rights, as enshrined in our Constitution. Hence the state, in terms of section 29(1), should make the right to education available and accessible to everyone. One of the functions of the governing body of a public school, in terms of section 20(1)(a) of the South African Schools Act, is to promote the best interest of the school and to strive to ensure its development through the provision of quality education for all learners at the school.
The SA Schools Act also places a responsibility on both the state and the school governing body to provide the school with resources. The state, on the one hand, should fund public schools in order to ensure the proper exercise of the rights of all learners, while the governing body, on the other hand, supplements the resources supplied by the state in order to improve the quality of education provided by the school to all learners.
In terms of section 3(2) of the Employment of Educators Act, the Minister is the employer of all educators for purposes of determining their salaries and other conditions of service, subject to the Labour Relations Act or any collective agreement made in the Education Labour Relations Council. Similarly, the appointment or promotion of any educator in the Department of Education is made by the Director-General or, in the case of provinces, by the head of department. All these provisions I have referred to above are very important and should be carefully considered when we look at the merits or defects, if any, of this particular amendment.
Against this background, therefore, our understanding of the content of the amendment is that the school governing body’s authority or role to act in the best interests of the school has neither been undermined nor diminished. Our view is that the intention of the proposed legislation is to regulate any payment of additional remuneration. The purpose is to set conditions and requirements that would be equally applicable to all cases when the need arises for such additional remuneration, while ensuring that proper and sufficient consultation of the relevant role-players takes place.
In this regard, parents will be involved in the process, as subsection 4 of the amendment provides for the SGB to submit its application for such additional remuneration of an educator at least four months before the finalisation of the school’s annual budget, as approved by parents.
Subsection 8 of the amendment also requires that such payment be reflected in the school’s budget. Parents, therefore, shall have had ample opportunity to participate in the decision towards the payment of any remuneration or benefit by the school. They will also be fully aware of its financial implications when they finalise the annual budget.
Apha, Sihlalo obekekileyo, ndicela ukubeka umnwe kwindawo asele eyinyathele uMphathiswa, eyinxaxheba yabazali kwizinto ezilolu hlobo. kwiindawo esisuka kuzo sinamava ngeemeko apho abazali bangenalwazi lokuba kuqhubeka ntoni ezikolweni ngeemali zabo. Kungoko ke sisithi kubalulekile okokuba lo mthetho ubethelelwe.
Kodwa, ngaphezu koko, ikhona inxaxheba emasiyidlale siliSebe leMfundo, singala malungu singawo, singabo bonke abantu abanenxaxheba emfundweni, ukuze abazali, ikakhulu kwelaa cala lethu elisuka kulaa ngcinezelo indala, benziwe bazi ukuba yinxaxheba yabo ukujonga okokuba kuqhubeka ntoni na ezikolweni zabo. (Translation of isiXhosa paragraphs follows.)
[Here, hon Chairperson, I wish to highlight one aspect that the hon Minister has touched on, namely parents’ support in matters of this nature. Our experience is that where we come from parents know nothing about what is happening to the moneys they pay to their children’s schools. For that reason we say that when this law is passed it should be given prominence.
Furthermore, we have a role to play as Education department, as members of Parliament, as all the stakeholders in education, to make sure that parents, more especially in the areas we come from, with its oppressive background, know that it is their duty to know what is happening in their children’s schools.] Chairperson, the amendment also serves to give the department, as another important role-player, an opportunity to test the need for any additional remuneration or benefit, to scrutinise the process of payment of such additional remuneration and to ensure that equity and transparency are taken into account.
School governing bodies should also be satisfied that the employer may not unreasonably refuse an application by an SGB. The SGB may also appeal to the MEC if the application is unreasonably refused or a decision is not taken within three months after the lodging of the application with the employer. Such measures in this Bill are therefore supported in order to guard against abuse of authority by the department.
In conclusion, the province of the Eastern Cape supports this and all the other amendments proposed in this Bill, together with the amendments that were proposed by the select committee during deliberations on this Bill. I thank you. [Applause.] Ms M P THEMBA: Madam Chairperson, hon Minister, as the ANC we are indeed proud today to again reaffirm our commitment to our objectives and vision that we set for ourselves as a nation more than nine years ago. As South Africans, we should rightly feel proud of what we have achieved in our country in this short space of time. Our democratic order is premised on a constitution which is the envy of the democratic world.
On the education front, we have made tremendous strides through our collective efforts involving educators, parents, learners, civil society and NGOs. We have managed to push back the frontiers of poverty and restored the dignity and integrity of our schools, which were solely lacking because of the ravages of apartheid - Raju. It is against this background that we can justifiable pronounce that we have turned the tide.
Allow us then to briefly examine the progress, both qualitatively and quantitatively, that we have made since 1994. Firstly, and perhaps most importantly, there is the successful dismantling of 17 dilapidated education departments and transforming them into a single integrated education system.
The complexities of this project were indeed massive, and in some instances we are all haunted by its legacy. Nevertheless, we believe that the commitment to building on this foundation is indeed reflected in the manner in which the national Department of Education, together with its provincial counterparts, are tracking the remaining challenges.
Furthermore, we have improved access through accelerated participation of previously and presently underserviced and marginalised communities. Although participation is not at the maximum level yet, particularly in early childhood programmes, adult education and training, further education and training, as well as higher education and training, it is certainly pushing towards the desired levels. This is reflected particularly in the steady increase in enrolment in the reception year, with the enrolment figures increasing from approximately 150 000 to 280 000 between 1999 and 2002, which suggests that full enrolment will be reached by 2015. Gross secondary enrolment is currently approximately 85%, which indicates an increase of 15% from 1992. Yes, the facts speak for themselves.
The improvement and more equitable distribution of key learner inputs, including infrastructure development and learner support material, as well as educational provisions in general, have improved equity in all provinces, including Mpumalanga and the Eastern Cape. For example, key physical infrastructure, such as toilets and sanitation, has improved significantly. This has been achieved through improvement in the distribution of resources through the targeted intervention, pro-poor resourcing and a formula-driven allocation of educator resources, as opposed to the racially-driven model of pre-1994.
Having said that, investment infrastructure, learning support material, equitable teacher allocation and upgrading and development remain high on the education agenda, as demonstrated in the growth in investment and information on service delivery as recorded in the national schools’ register of needs survey carried out between 1996 and 2000.
We continue to make progress in HIV/Aids interventions. The national department released its national policy on HIV/Aids for learners and educators in public schools in 1999 already. This policy is augmented by life-skills programmes and other resource material.
We weathered an onslaught from an opposition that is hell-bent on fighting back, but the question is: Against what? It is because of that fact that we have, since 1994, enhanced quality in education, increased efficiency and stability and ensured democratic participation in governance.
I won’t dwell much on the Bill as all my other colleagues have already spoken on it.
In conclusion, to us the Bill before this House today represents a further consolidation of our gains and will contribute to the broader programme of our Government’s unwavering efforts to eliminate inequities that continue to bedevil our democratic society. The ANC supports the Bill. [Applause.]
The MINISTER OF EDUCATION: Madam Chairperson, first of all, let me thank all members of the House and all members of the provinces for the overwhelming support they’ve shown for the Bill. I think they have understood the educational and social policy behind it.
Let me respond by stating one or two general principles. First of all, the ANC has been accused of arrogance and appropriating power at the centre and that we use our majority in Parliament to steamroll legislation. When we actually consult with the public, we engage with them and take into account serious legitimate points of view, like we’ve done over the Electoral Laws Amendment Bill. The engagement among the three political parties resulted this morning in the Government accepting certain amendments which will come to the House.
Then we are accused of evasion, of lack of certainty in our position, virtually moral weakness. Let me say right at the beginning, therefore, that the fundamental assumptions of this Bill have not diverged since we introduced it to the Council of Education Ministers. There was no question of banning extra payment in the original Bill. There was no question of it. It never arose.
What we are trying to remove is the illegality of teachers being forced to accept money - a really serious matter - without the consent of the province.
The second point was that it was totally unregulated. Mr Raju, I will come to you in a moment. If you look at a newspaper cutting from a teacher in Mitchell’s Plain, this is the pain of genuine inequality. There needs to be some kind of criterion that takes into account the consideration that poorer schools cannot afford to pay teachers more.
Money talks. If parents are able to dig deeper into their pockets, it will show in the matric results. So, we are trying not to create an entirely egalitarian society, because we are a mixed economy and there will be differentials.
What we are trying to do, hon Mr Raju, is to ensure that those at the bottom of the pile are able, through education and public good and the notion of public education, to lift themselves up.
We have a special relationship with the New NP, and therefore I won’t say
what Mr Adams meant by Shall I wake up? Have I woken up?'' Well, if he
wasn't a member of the New NP, I could have saidWhat do you think I am?
Rumpelstiltskin, who woke up suddenly and got so angry, he hit into the
ground and the ground swallowed him up?’’. I would say that Mr Adams was Mr
Rumpelstiltskin who woke up. Because we have a fraternal relationship with
the New NP, I will not make such a statement at all. [Laughter.] I am
always awake to put the interests of education and our children first.
The third point is that I would like to congratulate the hon speaker. I
don’t know why he was called a maiden speaker''; he is so big - that is,
the hon Mafereka who hardly qualifies to be amaiden’’ by any description
but for his first speech! I congratulate him on his first speech.
[Laughter.]
Hon Mr Panday, the question of our recruitment of teachers, doctors and nurses is not new. We are the ones who established in Edinburgh that over the past two years 4 000 teachers have left. What we have now done is to ensure that corrective measures have been taken. We will see what happens next year. No teacher will get leave of absence in the middle of the year so that they can go and teach overseas. No teacher will get that. A teacher must resign from the job. That will make a big difference.
You might talk about the attractive salaries and perks. What we established in Scotland, when the Ministers of the Commonwealth met, is that these recruitment agents don’t tell them anything about the appalling conditions under which they will work; that glorified monitors and policemen in the inner cities - blacks - are sent to inner cities to work in England, as well as in the United States. They are not told about the disciplinary matters, and yesterday we discussed discipline in our schools and, in the Council of Education Ministers meeting, we said how proud we were about the improvement of general discipline in South Africa. I will come to that. They are not told about the cost of living in those places; they are not told about the cost of transport; the cost of basic things like meat, accommodation, the general unfriendliness and the awful weather. They are not told about the awful weather. Some of us have lived through that for 35 years, and will know what the weather’s like. Seriously, the fact is that there is a three-year contract only, and the visa is not extended after that. They are not told about these things.
That is why we are going to have a code of conduct in the whole Commonwealth, which I hope Australia, New Zealand, Canada and Britain will sign, to say that all this information must be available. We are also not going to allow - let me say for the first time - recruitment agencies to go into our universities and recruit people there, because these people seduce our students from the universities, and we are not going to allow that. I am going to appeal to the universities not to allow that situation to happen.
Hon Mr Raju, it’s not fair. I have the highest consideration for you as a former teacher. However, you see, when you spoke today, it reminded me that this is a parliamentary setting. It reminded me of the marine plain of a malala payipini lurching on a Saturday night. [Laughter.] He lurched from the right to the left, and he took up the SA Schools Act and spoke discursively and irrelevantly about the SA Schools Act. Suddenly, he saw the light and he went to the Edward Hotel, the rich man’s bastion. Then, suddenly, all his class-consciousness came out. He represents certain interests - rich interests - and then suddenly he supports empowerment of local authorities. This is extraordinary. At the same time, he’ll allow the same governing bodies that he says shouldn’t be affected to have racist policies around employment of teachers, not to have indigenous languages being taught there, no interference in the culture and the ethos of schools which we discussed in the Council of Education Ministers yesterday; when children want soccer, they are forced to play bootcamp sports alien to their traditions. Maybe they should go into the cold lakes in Thabazimbi and they might learn some backbone, like our rugby players really learnt some backbone - didn’t they - when they went to Australia.
Please, hon Mr Raju, there is a schizophrenia in your position. You are part of the great progressive movements about how the reform of education is taking place, the philosophy behind the SA Schools Act of equity, fairness, high standards and equality. At the same time, you mouth these extraordinary words as if excellence only vests in those schools that are paying thousands and thousands extra.
Let me take you with me at the beginning of January. I will take you to township schools that are the best-performing schools in South Africa. In March, I will invite you to the most improved schools. These are not schools that are paying R15 000 to R20 000 extra illegally. There are schools in Phola Park and Ivory Park who have some of the best results in South Africa. The middle-class Africans now want to go to the schools in the townships because the schools are so damn good. I will take you along to Ms Sithole’s school, a run-down school in Atteridgeville, and she has really transformed it into a paradise where they sell vegetables to the public, feed the kids every day with a hot meal, got a computer centre from the Japanese, got a learning centre from a company and, in fact, the school is a model. She got the award for the best lifetime performance when we had the awards.
We are working with teachers, black and white, in early childhood education, and give them no money inducements. The pride that they take, black and white, to say that they’ve been recognised is enough. So, I’ll invite you to the most improved school award to see.
One of the awards is the most integrated school award, a new award we introduced. Again, you have to visit these schools to see that they are a kind of South Africa at peace. Please, excellence does not reside in those schools that have a particular approach to doing things.
Let me end by saying on this point that this high fees issue is really affecting all classes of people. I’ve got scores of letters. If you have worked in other parts of the world, you would realise that some of these schools that charge R15 000 or R20 000 - the private schools are entitled to charge the R17 000 and R18 000 that they do - don’t recognise that you don’t need much of the fripperies in the school you have. They should recognise that standards are not associated with a certain way you speak English; standards are not associated with a certain kind of culture you have in the hall. Remember, the vast majority of schools in South Africa don’t have a hall. Standards are not maintained by ensuring that you send your football team to Europe every other year, or send the teachers to Europe every year. Standards are not maintained by having a particular form of decorum, a particular way of treating the whole school and the school environment.
We must learn now to ensure that we create South African schools with the highest standards. I want the values of Phola Park, remarkable values, transmitted to other schools, because they are really nonracial values. They are really values that are South African, and where the heroes and heroines are not Lord Nelson and Wellington and others, as I have found, but Mrs Harriet Colenso, the great egalitarian fighter against Shepstone and the colonial racism in KwaZulu-Natal. I say these things, because there is another world outside, genuinely trying to grapple with what it is being a South African now.
That is why I think you must, like the editor of this morning’s newspaper, realise that excellence does not reside in the way you speak English and the way you walk in the foothills of Table Mountain, that there is, in fact, excellence elsewhere in South Africa, in Afrikaans schools. Former Afrikaans schools are really grappling with dual-medium education where they are learning Afrikaans and isiXhosa in Soweto, as I found this morning, where they are learning three languages in school. This is really remarkable. They are trying to posit themselves in the cultural, social and linguistic milieu of South Africa. Now, that’s the world, hon Mr Raju, that you should look at.
There is no itch here. We don’t have an itch at all. We don’t itch to do anything. We are carrying out a policy of - I have a yellow book here - the ANC from 1993. It’s now 10 years, and there’s a kind of seamless thread in carrying out the remarkable policy.
My hon sister Themba mentioned that we have a participation rate of 85% in secondary schools. No other country in Africa has that. European countries with a much higher level of development don’t have that. The majority of our kids in school are females, both in primary and secondary schools. The majority of our students in higher education are women in South Africa. This is all as a result of what you dismissively talked about as transformation as a kind of swear word, he says. Affirmative action that is even worse, much worse. Don’t tell me, Mr Raju, that you lifted yourself up by your bootstraps, because we know all our backgrounds involved in this.
Therefore, don’t dismiss things like the renewal of our society. I must tell you that the renewal of our society is a permanent thing. There will come a time when affirmative action will end, rightly. There will come a time when there will be transformation, which is a process, but the renewal of our education system is a permanent task, constantly trying to find out what the real state of the education system is and what it should be like.
I end by wishing you well. Let me tell you about the thousands of teachers who practice letsema. Maybe they have never heard of letsema. There are thousands of teachers who work in the afternoon. At the same time, we recognise that the whole tradition of voluntary work needs addressing all the time. There are thousands of teachers who have not heard about letsema. They don’t even think they are doing voluntary work. They don’t consider being paid extra money for doing additional work on Saturdays. I am talking about black and white teachers here. I don’t mean church schools only. There are state schools too.
We greet these heroes and heroines, because we are talking about: Do you do anything extra because you have to be paid for it? I will tell you one thing, if the spirit is not there, the motivation is not there, and all our teachers will play like the Springbok rugby team in Australia. [Laughter.] We have to recognise that money is not the only catalyst, that it is not the only impetus that makes people do things. The honourable people do do things - like social workers, like nurses. What we now need to bring to bear in a country that went through enormous low standards under apartheid is renewal - and please, real low standards, and if you want to talk about one country, just go and look at the situation we found in the examination results in the homelands, in the townships; they were cooked-up results. I remember when I came back in 1990, someone in the former House of Delegates said that the Indian results were very poor; there were too few distinctions. The next year, the distinctions went up by about 25%. That is the corruption we left behind. [Interjections.]
That is why the noble tasks of deracialisation and renewal and ensuring that there is parity of esteem for all of our teachers are really genuine values that we should aspire to. I regret to say that, having read your document on ``Education for liberation’’, it is not only a pie in the sky, it is really a rich man’s value system for education.
I wish you well. I hope I will have another opportunity to meet you in some other place. Incidentally, I will certainly be seeing the hon Chairperson in another place next year. I wish you well. Thank you very much for the debate, and your particular intense interests in education. Siyabonga. [Applause.]
The CHAIRPERSON OF THE NCOP: That concludes the debate. I shall now put the question. The question is that the Bill be agreed to. The decision is dealt with in terms of section 65 of the Constitution. I note that delegation heads are present in the Chamber to cast the votes of their provinces. In accordance with rule 71 I shall allow provinces to make their declarations of vote, if they wish to do so. Is there any province who wish to make a declaration of vote? There is none.
We shall now proceed to the voting on the question. I shall do so in alphabetical order per province. Delegation heads must please indicate to the Chair whether they vote in favour or against or abstain from voting. Eastern Cape?
Ms B N DLULANE: Re a thekga. [We support.]
The CHAIRPERSON OF THE NCOP: Free State?
Mr J MAFEREKA (Special Delegate): Ra e tlatsa. [We support.]
The CHAIRPERSON OF THE NCOP: Gauteng?
Ms D M RAMODIBE: Gauteng supports.
The CHAIRPERSON OF THE NCOP: KwaZulu-Natal?
Mrs J N VILAKAZI: Siyavumelana. [We support.]
The CHAIRPERSON OF THE NCOP: Limpopo?
Mr M I MAKOELA: Re dumelana nao. [We support.]
The CHAIRPERSON OF THE NCOP: Mpumalanga?
Mr B J TOLO: Ke a rona. [We support.]
The CHAIRPERSON OF THE NCOP: Northern Cape?
Ms E N LUBIDLA: Re a o nanela. [We support.]
The CHAIRPERSON OF THE NCOP: North West? Mr Z KOLWENI: North West ke a rona. [North West supports.]
The CHAIRPERSON OF THE NCOP: Western Cape?
Mr A GAUM (Special Delegate): Ons steun. [We support.]
The CHAIRPERSON OF THE NCOP: All provinces have voted in favour. I therefore declare the Bill agreed to.
Bill agreed to in terms of section 65 of the Constitution.
HIGHER EDUCATION AMENDMENT BILL
(Consideration of Bill and of Report thereon)
Mr D M KGWARE: Chair and hon members, in his foreword to the National Plan for Higher Education in February 2001 the Minister of Education, Comrade Kader Asmal, noted that the institutional landscape of higher education bears little relation to the needs of South Africa in the 21st century. Certain areas of the country are poorly served by existing higher education institutions, and this places a significant limitation on access to higher education for some sectors of the population. Central to this concern and integral to the development of higher education is the absence of institutions of higher learning in my province, the Northern Cape, and Mpumalanga.
Furthermore, the Minister and, by extension, the department and the directorate of higher education were of the view that regional collaboration between institutions could play an important role in addressing claims for higher education in the two provinces currently without higher education institutions. Also, it was felt that, given the overall situation of higher education in South Africa, there was no need for the establishment of new and autonomous institutions in these provinces, hence the need for the establishment of the National Institute for Higher Education in Mpumalanga and the Northern Cape, which would serve as the administrative and governance hub to ensure coherent provision of higher education programmes. In this regard, the emphasis would be on coherent provisioning of higher education programmes, given that existing programmes are uncoordinated and characterised by unhealthy competition, including overlapping and duplication, and often with little relevance to provincial needs.
The primary aim of the National Institute for Higher Education will be to provide access to higher education programmes within these two provinces. Given that it will not be an autonomous institution, it will not be in position to award degrees and diplomas. The central task of the national institute will be to facilitate the provision of high quality higher education programmes that are responsive to the socioeconomic needs of the respective provinces.
As we all know, provinces have no direct legislative or executive powers as far as higher education is concerned, but they do have a vital interest in the whole system of education, the general advancement of the human resources and the economy of the provinces. In the case of Mpumalanga and the Northern Cape, as in all provinces, authorities are concerned with the promotion and support of higher education and have been strongly supportive of the initiative to establish the National Institute of Higher Education. The national institute, which will have the responsibility of co-ordinating higher education activities in the provinces and ensuring that the educational programmes offered are responsive to local needs, will have to build a special relationship with provincial authorities.
An important task of the National Institute of Higher Education of these provinces was to conduct studies of the education and training needs of the respective provinces and their adjacent areas. Wide consultation between the potential employers and surveys of school-leavers and adult learners will be an ongoing process. Furthermore, it will seek to exploit local opportunities and build on its capacity to offer educational programmes. A further important task for the National Institute for Higher Education is to expand access to higher education as widely as possible.
It is against this background that the Higher Education Amendment Bill is introduced in this House today. It has the support of Cabinet which has given it the green light. The new clauses also provide for the establishment of a board to manage, govern and administer each National Institute for Higher Education and for the funding of a National Institute for Higher Education. In addition, the Bill also seeks to provide for further regular reporting by the Council on Higher Education on the state of higher education, regarding developments in higher education, including an annual report on the state of higher education on a regular basis.
In conclusion, we believe that the Higher Education Amendment Bill is in line with our Government’s human resources development strategy, and will in no small way add a much - needed impetus to its objectives. We support this amendment Bill. [Applause.]
Debate concluded.
Question put: That the Bill be agreed to.
Bill accordingly agreed to in accordance with section 75 of the Constitution.
CONSIDERATION OF REPORT OF JOINT MONITORING COMMITTEE ON QUALITY OF LIFE AND STATUS OF WOMEN - PROVINCIAL STUDY TOURS TO MONITOR IMPLEMENTATION OF DOMESTIC VIOLENCE ACT AND MAINTENANCE ACT
Ms M P THEMBA: Madam Chairperson, thank you. Please allow me, before I continue with my speech, to briefly explain the meaning of this white ribbon. I heard some men asking, when the ribbons were pinned onto their jackets, what these were for. I’ll pin their names outside the door when we go out.
This means that we are all in solidarity with women and children who are being abused, as today is the launching of the 16 Days of Activism of No Violence Against Women and Children. We must not forget the ribbons, even tomorrow, until 10 December. We must wear them.
The Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women undertook study tours to all provinces during April 2000 and May 2003. The objectives of this report state that the monitoring committee felt it’s important that we don’t just sit here in Parliament and do not oversee the implementation of the Act that has been put in place in order to improve the quality of lives and the status of women.
However, allow me to state that, as part of our oversight and monitoring function, the most fundamental question is whether these pieces of legislation, together with the gender machineries in provinces, have improved the status and quality of lives of women. If so, then how, and if not, then why not, and how can we really improve this situation, should this be necessary?
These Acts have been a relative success and I would like to mention some of those successes. Let me just state at the outset that one of the main objectives of our visits was also to identify problems with the implementation of the Acts, and that the report leans towards identifying the problems and, I can say, limiting the successes.
This should not be seen as some sort of admission that these Acts are failing in improving the quality of the lives of women. It should rather be seen as our Government taking a realistic look at our delivery and of our undertaking to ensure a better life for South Africans. We do not shy away from admitting where things can be improved, but sometimes we, as the ANC, are too shy to claim our successes.
I would like to dwell on some of those successes. With regard to the Domestic Violence Act, there is an acknowledgement in the provinces that the enactment of this Act has led to great improvements. Members of the public are aware of the provisions of the Act and their possible causes of action when domestic problems are experienced.
In some provinces specialised courts have been established to deal with issues affecting women and children, and some provinces have reported that a more effective service is being delivered where there are these specialised prosecutors and courts.
Furthermore, public awareness and education campaigns are held by, for example, the SA Police Services, prosecutors and nongovernmental organisations, and there is a higher level of community involvement within the delivery of services at courts and police stations.
The Maintenance Act is viewed as constructive and progressive, as it’s designed to facilitate the payment of maintenance. The Justice College provides regular training and workshops for, amongst others, maintenance officers, clerks and prosecutors, and close co-operation exists between the courts and NGOs in some areas in the provinces. The Maintenance Act has established effective ways of dealing with the issue of nonpayment, and the success rate of specialised maintenance courts and prosecutors has been good. The offices of the status of women monitor provincial departments in terms of gender mainstreaming in programmes, budgets, projects, etc, and there is regular collaboration with NGOs in this regard. One of their main successes has been the initiation of projects on poverty alleviation and employment creation.
Some provinces have developed gender policy frameworks, and most departments in provinces have developed gender focal points, though not formally appointed, and they still need to be strengthened. We have, therefore, succeeded in moving gender issues from being an addendum to other issues to being at the very heart of the transformation process within all structures, institutions, procedures, practices and programmes of our Government, its agencies and parastatals, civil society and the private sector.
As we say in the ANC, we always have and always will continue to campaign for a culture of recognition of women’s rights as human rights. I must also say that we have succeeded to a significant extent.
However, let us not forget that not all is well with the implementation of these Acts, and that the operation of the gender machinery can be significantly improved. It is particularly disheartening to admit that many of the problems encountered with the implementation of the Domestic Violence Act relate to the role that members of the SA Police Services and court staff play in processing these cases. We encountered reports that, for example, police officials are insensitive to the plight of men who report abuse and that they do not acknowledge same-sex partnerships.
Equally alarming were the reports that domestic violence is still not regarded as part of police officials’ workload, but rather as an additional activity, which is a burden and a family matter. This reminds one, a little too close for comfort, of the attitudes encountered under the former regime. These attitudes are out of place in our constitutional dispensation. We fought too hard to secure these rights for our people to allow this situation to continue.
A few of the other difficulties encountered with the Domestic Violence Act also relate to the Maintenance Act. Language was stated to be a barrier under both Acts, and there is a serious lack of equipment and resources in order to process complaints in terms of the Acts.
Rural women, in particular, reported that whilst they may be aware of the existence of these Acts, they find it difficult to understand their rights in terms of the Acts and, therefore, find enforcement of their rights virtually impossible.
Certain challenges relate only to the Maintenance Act, for example, where maintenance inspectors have not been appointed and women themselves have to look for the absconding maintenance defaulters. Maintenance processes are long and drawn out, and this often results in respondents who have contract employment being out of work at the time the case is heard. This is, quite obviously, not in the best interests of anyone.
There are other issues, such as maintenance fraud, maintenance files disappearing and, of course, the immense workload experienced by our courts. All these challenges combine to make the implementation of these Acts neither as easy nor as effective as it should be.
It serves no one to only list problems and not suggest solutions. The most obvious solution is, of course, training - training for the Police, the medical staff, the courts staff, the volunteers and, most importantly, for the complainants. We need to educate our people about their rights. It is not enough to only tell them that they have these rights. We need to inform our people about how they can exercise their rights and about the institutions this ANC-led Government has put in place to help our people exercise their rights.
We need to increase our social spending and, luckily, the Minister of Finance seems to have realised this. We need to spend more money to help the Police, social workers, courts and health facilities recruit more staff, train their staff and acquire the necessary resources.
Other solutions seem more practical. Let us provide application forms in languages that people understand, and let us also make these forms simpler and shorter. We do not want to burden already traumatised people by asking them to wade through complicated documents to access their constitutionally guaranteed rights.
The abuse of protection orders was reported … [Time expired.] [Applause.]
Mrs A M VERSFELD: Chairperson, on a point of order: I would like to know whether we have a quorum in the House?
The CHAIRPERSON OF COMMITTEES: Order! Mrs Versfeld, this is a provincial matter that we are discussing, and I am convinced that the delegation heads are all present here. You yourself are representing the Western Cape, and I can see the hon Adams there from the Northern Cape, the North West is here, Mpumalanga is here, Limpopo is here, KwaZulu-Natal, Gauteng, Free State. Everybody is here.
Mr F ADAMS: Agb Voorsitter, hoewel ek nie persoonlik … [Hon Chairperson, although I personally was not …]
Dr E A CONROY: Madam Chairperson, I’m just wondering whether the hon member knows that she’s the only member of the DA in the House at the moment. [Interjections.]
Mrs A M VERSFELD: [Inaudible.]
The CHAIRPERSON OF COMMITTEES: Hon Versfeld, we are in the House, and we are conducting the business of the day. If you wish to talk to a member, talk through me. Don’t respond to a member directly. Can you do that for me? Thank you very much.
Mnr F ADAMS: Agb Voorsitter, hoewel ek nie persoonlik deel van die toer was nie, bring ek graag hulde aan daardie belanghebbendes wat belangrike veranderings aan vroueregte in die provinsies en in Suid-Afrika teweeg gebring het. Ek het deur die dokumente gewerk en besef dat opleiding ‘n baie belangrike kwessie is vir die inwerkingstelling van die wetgewing oor huishoudelike geweld. Meer fokus moet geplaas word op die inwerkingstelling van die wetgewing oor huishoudelike geweld.
Die beskermingsopdragte word misbruik. Die aansoeke is nie verbruikersvriendelik genoeg nie. Tolke en taal is ‘n groot probleem in howe. Die balju-tariewe moet ook aangespreek word. Daar is ‘n groot gebrek aan begrip van die wetgewing oor huishoudelike geweld, sowel as ‘n gebrek aan ondersteuningsdienste en hulpbronne.
Daar is ook ‘n gebrek aan behoorlike gesondheidsdienste en afwesigheid van maatskaplike werkers, wat bydra tot oorlading. Daar is meer gespesialiseerde personeel nodig by polisiestasies, byvoorbeeld om forensiese bewyse te hanteer.
Werkloosheid en seisoenale werk is hoofredes waarom onderhoud nie betaal word nie. Daar is ook te min onderhoudbeamptes en tolke, en respondente lieg oor hulle finansiële posisie. Hierdie wetgewing het meer werk vir landdroste en aanklaers geskep, wat wyer uitkring en bydra tot die tyd wat dit neem om onderhoudsake af te handel.
Daar is ‘n groot gebrek aan inligting en opvoeding, sowel as begrip van die wet self. Daar is ook ‘n swak administratiewe stelsel by die hof.
Ek stem saam met die aanbeveling van punt 6 in die verslag. Ek is veral bly oor die verhoogde begroting, deurlopende opleiding en die moniteringstelsel. Ek is bly om te sien dat die aansoekvorms verbruikersvriendelik is en dat die taalhindernis aangespreek sal word.
Opvoeding moet ‘n prioriteit word, en daar moet ‘n nasionale bewusmakingsveldtog wees sodat ons die publiek op voetsoolvlak kan opvoed en inlig, want dit is waar hierdie kwessies werklik van belang is.
Ek is bly dat nie-regeringsorganisasies finansiering sal ontvang vir die opvoeding en opleiding van die gemeenskap, want wat ons wil sien, is dat vroue met die sensitiwiteit behandel word wat hulle verdien. Ek dank u. [Tussenwerpsels.] [Applous.] (Translation of Afrikaans paragraphs follows.)
[Mr F ADAMS: Hon Chairman, although I personally was not part of the tour, I would like to pay tribute to those interested parties who effected important changes to women’s rights in the provinces and in South Africa. I studied the documents and realised that training is a very important aspect for the implementation of the legislation on domestic violence. There should be a sharper focus on the implementation of the legislation on domestic violence.
The protection clauses are being abused. The applications are not user- friendly enough. Interpreters and language are a big problem in courts. Sheriff tariffs should also be addressed. There is a great lack of understanding of the legislation on domestic violence, as well as a lack of support services and resources.
There is also a lack of proper health services and an absence of social workers, which contributes to overload. More specialised staff are needed at police stations, for example to deal with forensic evidence.
Unemployment and seasonal work are the main reasons why maintenance is not paid. There are also too few maintenance officials and interpreters, and respondents lie about their financial position. This legislation has created more work for magistrates and prosecutors, which is expanding and is contributing to the time it takes to finalise maintenance cases.
There is a great lack of information and education, as well as understanding of the legislation itself. There is also a poor administrative system in the courts.
I agree with the recommendation of point 6 in the report. I am especially glad about the increased budget, the ongoing training and the monitoring system. I am pleased to see that the application forms are user-friendly and that the language obstacle will be addressed.
Education should become a priority, and there should be a national awareness campaign so that we can educate and inform the public at grassroots level, because that is where these issues are of real importance.
I am glad that NGOs will be receiving funding for the education and training of the community, because what we would like to see is that women are dealt with with the sensitivity they deserve. I thank you. [Interjections.] [Applause.]]
Mrs J N VILAKAZI: Chairperson and colleagues, I would like to commend the Joint Monitoring Committee on Improvement of Quality of Life and Status of Women for undertaking provincial visits to study and monitor the implementation of the Domestic Violence Act and the Maintenance Act, Act 99 of 1998 during September 2003.
This has highlighted many problems that affect women and children in the society we live in. Our womenfolk are often too shy and afraid to talk about these problems, especially when they occur in, and directly involve the immediate family sector. Such visits by this committee encourage victims to break out of their silence and expose the abusers.
The Joint Monitoring Committee on Improvement of Quality of Life and Status of Women has an important role in representing the public and in exercising an oversight role.
Umsebenzi osuwenziwe yileli komidi elibhekela ukungaxhashazwa kwabesifazane futhi elibhekela ukuthi isithunzi namalungelo abo afane nawebesilisa, uyancomeka kakhulu.
Namhlanje siqala umbhidlango wokugcina lo Mthetho owashaywa yiPhalamende ukubheka lolu dlame olwenzeka emndenini. Lo mbhidlango uyoze ufike enyangeni kaZibandlela mhla ziyi-16.
Leli komidi livakashele izifundazwe eziningi, lihlanganisa umphakathi, lizama ukuhlola isimo ezindaweni eziningi. Iziphathimandla kwezomthetho, kuwo onke amazinga, bezibakhona kule mihlangano. Siyethemba ukuthi le mihlangano ebibanjwa ibasizile abaningi ebebekhona, ekubuzeni imibuzo ukuze bakhanyiselwe ukuthi izinkinga abanazo zingaxazululwa kanjani. Siyethemba ukuthi, mayelana nomsebenzi omuhle oqalwe yileli komidi elibhekela amalungelo abesifazane, lizoqhubeka nomsebenzi walo omuhle.
Thina be-IFP siyawahlonipha kakhulu amalungelo abesifazane, ngakho sithi, kuleli komidi elikhulu, ``Phambili nomsebenzi wenu omuhle! Phambili!’’ Ngiyabonga. [Ihlombe.] (Translation of isiZulu paragraphs follows.)
[The work of this committee, which deals with the abuse of women and affords them the dignity and rights equal to those of their male counterparts, is highly commendable.
Today we begin the campaign to fulfil the law that was enacted by Parliament to deal with family violence. This campaign will continue into the month of December and finish on the 16th.
The committee visited many provinces and brought members of the public together for the purpose of determining the prevailing situation in various places. Legal authorities at different levels attended these meetings. We hope that these meetings were useful to most of the people who attended them by affording the people the opportunity to ask questions and receive explanations on how to solve their problems. We hope that this committee which provides for women’s rights will continue with the good work.
We of the IFP respect women’s rights, so to this great committee we say: Forward with the good work, forward! Thank you. [Applause.]]
The CHAIRPERSON OF COMMITTEES: Thank you very much, hon Vilakazi. It’s very nice to see hon Versfeld and Mr Adams now talking.
Ms R P MASHANGOANE: Madam Chairperson, hon members, the committee undertook a number of study tours between April 2000 and May 2003 … [Interjections] … to all provinces, especially to investigate the implementation and monitoring of the Domestic Violence Act and the Maintenance Act but, more generally, to assess and report on whether women enjoy the full measure of their human rights, as outlined in the Constitution. As one can imagine, such a brief held immense implications for our country’s women in general and our nation as a whole.
These implications are especially notable when one considers that our history has been marked by extremes when it comes to the issues of women. If one looks at the violation of basic human rights that occurred until the first democratic election, then one realises that the struggle was, essentially, a public struggle to find liberation and freedom from an oppressive regime. During this period, large numbers of women paid the ultimate price for this freedom which we enjoy today.
However, since liberation, the struggle for the rights of women has become more intimate and located within the privacy of the home or workplace. This struggle for the liberation of women from the shackles of violence and abuse has transcended race, class and religious lines, and has drawn together women who face a common enemy. This enemy is the abusive spouse, partner, lover, brother, uncle, father or grandfather; and, on the outside, the stranger, the policeman, the robber or thief - all of whom feel they have an inalienable right to violate a woman in order to force her to bend to their will.
Additionally, women have had to bear the burden of raising families on their own. A large number of irresponsible men have thought that it is normal to participate in the creation of children and then abdicate their responsibilities when it comes to raising their children. This kind of abuse of women’s and children’s rights, again, transcends race, colour and creed and plunges families into abject poverty.
Our ANC-led Government recognised that the often brutal violation of women’s and children’s rights was widespread throughout the entire country, and brought about these two pieces of legislation - the Domestic Violence Act and Maintenance Act - to deal directly with and overcome the problem.
What this report indicates is that the measures taken, with regard to the Domestic Violence Act, have shown improvement in the treatment of women’s rights. The justice system, through prosecutors, has shown that great strides have been made to alleviate the burden that women previously carried by themselves. The Police Service have increasingly prioritised issues of women and children, and often liaise with magistrates to bring about constructive changes to intolerable situations. Even NGOs have played a more active role in highlighting problems in communities and in co- operating with the relevant Government services. Of course, there have been some problems and these have been where some Police Service officials have not embraced prioritising domestic violence to its fullest extent, and victims are then subjected to a number of additional abuses while waiting for the mechanics of the system to fall into place, such as language barriers, sloppy evidence collection and overburdening of police officers.
Regarding the Maintenance Act, some of the primary concerns have been the absconding and nonarrest of defaulters, in addition to a huge burden that is placed on an already overburdened staff component.
The JMC has been increasingly concerned that the gender machinery in the provinces has been unable to influence policy decisions, or has been excluded from decision-making powers, such as gender focal points and the Office on the Status of Women. These vital watchdog bodies which prioritise the issues of women have found themselves with inadequate budgetary allocations and with poor or fragmented relationships between the national and provincial offices. This report shows that despite the legislative framework we have put in place to protect the rights of women, we still have a long way to go to ensure its efficient implementation. Needless to say, we also need to ensure that gender issues and the rights of women are incorporated into all aspects of provincial and national affairs. Thank you. [Applause.]
The CHAIRPERSON OF COMMITTEES: That concludes the debate. I am sure that those who disturbed the hon Mashangoane did not disturb her in the way that Ms Gouws would have done, if she had been here.
I shall now put the question. The question is that the Report be agreed to. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all the delegation heads are present in the Chamber to cast their provinces’ votes. Are all delegation heads present?
In accordance with rule 71, I shall first allow provinces the opportunity to make their declarations of vote, if they so wish. We shall now proceed to the voting on the question. I shall do so in alphabetical order, per province. Delegation heads must please indicate to the Chair whether they vote in favour or against or abstain from voting. EMpumakoloni? [Eastern Cape?]
Ms B N DLULANE: Siyawusekela. [We support it.]
The CHAIRPERSON OF COMMITTEES: Freyistata? [Free State?]
Mr J MAFEREKA (Free State): Favour ke le teng. [We agree.]
The CHAIRPERSON OF COMMITTEES: Gauteng?
Ms D M RAMODIBE: Re a o tshegetsa. [We support.]
The CHAIRPERSON OF COMMITTEES: KwaZulu-Natal?
Mrs J N VILAKAZI: Elethu. [We agree.]
The CHAIRPERSON OF COMMITTEES: EMpumalanga? [Mpumalanga?] Ms M P THEMBA: IMpumalanga iyawusekela. [Mpumalanga supports.]
The CHAIRPERSON OF COMMITTEES: Limpopo?
Mr M I MAKOELA: Siyawuseketela. [We support it.]
The CHAIRPERSON OF COMMITTEES: Northern Cape?
Ms E N LUBIDLA: Siyawuxhasa. [We support it.]
The CHAIRPERSON OF COMMITTEES: North West?
Mr Z S KOLWENI: Wa rona. [It’s ours.]
The CHAIRPERSON OF COMMITTEES: Western Cape?
Adv A GAUM (Western Cape): steun. [Supports.]
The CHAIRPERSON OF COMMITTEES: All provinces have voted in favour. I therefore declare the Report agreed to.
Report accordingly adopted in accordance with section 65 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON LAND AND ENVIRONMENTAL
AFFAIRS - MONTREAL AND BEIJING AMENDMENTS TO THE MONTREAL PROTOCOL ON
SUBSTANCES THAT DEPLETE THE OZONE LAYER
Rev P MOATSHE: Chairperson, I’m not very sure of my voice, but I think I’ll endeavour. Hon Chairperson, hon members, South Africa acceded to the Montreal Protocol on Substances that Deplete the Ozone Layer on 15 January 1990 in an endeavour to be in line with other states as far as adhering to environmental principles worldwide is concerned.
The said protocol is designed to protect the ozone layer from the damage done by human-made chemicals that are released into the atmosphere. The ozone layer absorbs the UV-B rays from the sun and thus protects human and other life forms on earth from the damaging effects of these rays.
The amendments before us today signify in a very profound manner that our country, as a signatory to the Montreal Protocol, has to honour all the obligations and principles of being a party to it, to comply with the spirit and letter of the protocol, and also to benefit from all dues South Africa is entitled to as a party to the protocol.
In 1997 control measures were taken to further regulate the consumption of methyl bromide. Methyl bromide is a multipurpose pesticide which is used mainly in our country in the production of tomatoes, and is controlled under the fertiliser Acts in South Africa. It can only be used by registered applicants. South Africa only imports methyl bromide and, owing to the fact that mandatory licensing systems to control the import and export of ozone-depleting substances have also been introduced, these decisions, therefore, led to the Montreal amendment. Cognisance should further be taken of the fact that methyl bromide forms the base of the production and packaging of all juices. That is how important it is.
In 1999 the Beijing amendment to the protocol was made, which provided for new controls of the production of hydro chlorofluorocarbons, HCFCs. We are the highest consumer of HCFCs in Africa. South Africa consumes more than 40 000 tons of HCFCs annually. These substances are used mainly in refrigeration, air conditioning, foam blowing, aerosols, mining, solvents, etc. As chlorofluorocarbons, CFCs, are being phased out, our industrial sector depends on and has invested heavily in HCFCs for its survival. There would therefore be gross adverse effects if South Africa were denied use of these substances.
It should be borne in mind that the Montreal Protocol, to which we are a signatory, dictates that parties that have not ratified both the Montreal and Beijing amendments, are to be regarded as nonparties as far as methyl bromide and HCFCs are concerned. We should therefore understand the importance of both methyl bromide and HCFCs in and for our country.
In adhering to our responsibilities as a signatory to the Montreal Protocol, South Africa is phasing out the following ozone-depleting substances: chlorofluorocarbons, CFCs; halons; methyl chloroform and carbon tetrachloride.
Besides there being more emphasis on the importance of ratifying the two amendments, there are measures afoot and development is taking place in South Africa on alternatives, especially regarding methyl bromide. I am also of the opinion that legal and management arrangements should be instituted that will enable our country to meet its obligations in time, as established in terms of the relevant conventions and protocols.
In conclusion, the Beijing and Montreal amendments to the Montreal Protocol are very important for our country as one of the original signatories to the Montreal Protocol in 1990. I therefore move that we support this protocol. I thank you. [Applause.]
Debate concluded.
The CHAIRPERSON OF COMMITTEES: I shall now put the question. The question is that the report be agreed to. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the Chamber to cast their provinces’ votes. Are all delegation heads present? Yes.
In accordance with Rule 71, I shall first allow provinces the opportunity to make their declarations of vote, if they so wish. We shall now proceed to the voting on the question. I shall do so in alphabetical order, per province. Delegation heads must indicate to the Chair whether they vote in favour of, or against, or abstain from voting. Eastern Cape?
Ms B N DLULANE: Eastern Cape supports.
The CHAIRPERSON OF COMMITTEES: Free State?
Mr T RALANE: Supports.
The CHAIRPERSON OF COMMITTEES: Gauteng? Ms D M RAMODIBE: Gautenge a o tshehetsa. [Gauteng supports.]
The CHAIRPERSON OF COMMITTEES: KwaZulu-Natal?
Mrs J N VILAKAZI: Siyavumelana. [We agree.]
The CHAIRPERSON OF COMMITTEES: Limpopo?
Mr M I MAKOELA: Re a dumela. [We agree.]
The CHAIRPERSON OF COMMITTEES: Mpumalanga?
Ms M P THEMBA: Mpumalanga supports.
The CHAIRPERSON OF COMMITTEES: North West?
Mr Z S KOLWENI: North West is in favour.
The CHAIRPERSON OF COMMITTEES: Northern Cape?
Ms E N LUBIDLA: Siyavuma. [We agree.]
The CHAIRPERSON OF COMMITTEES: Western Cape? Mrs A M VERSFELD: Wes-Kaap steun. [The Western Cape supports.]
The CHAIRPERSON OF THE COMMITTEE: All provinces have voted in favour. I therefore declare the report agreed to.
Report accordingly adopted in accordance with section 65 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON FINANCE - ACCESSION TO THE PROTOCOL OF AMENDMENT TO THE INTERNATIONAL CONVENTION ON THE SIMPLIFICATION AND HARMONISATION OF CUSTOMS PROCEDURES
The CHAIRPERSON OF COMMITTEES: I now call upon Rev … Oh, sorry, Dr E A Conroy.
Dr E A CONROY: Thank you for the new title, Chairperson. [Laughter.] Hon Chairperson and colleagues, the International Convention on the Simplification and Harmonisation of Customs Procedures - or the Kyoto Convention, as it is normally referred to - was opened for signature on 18 May 1973 and entered into force on 25 September 1974.
South Africa acceded to the Kyoto Convention on 19 May 1981 and, although having noted reservations against several of the annexures, is a state party to the convention. The Council of the World Customs Organisation accepted the protocol of amendment to the Kyoto Convention during its session on 26 June 1999, and the protocol of amendment was open for signature until 30 June 2000.
The World Customs Organisation is an intergovernmental organisation representing 162 customs administrations. Its mission is to simplify and facilitate international trade by standardising and harmonising customs formalities and procedures. The WCO executes its mission by, amongst other things, establishing and maintaining international instruments for the harmonisation and uniform application of simplified and effective customs systems and procedures.
Since the entry into force of the convention in 1974, the rapid growth in international trade and developments in the information and communications technology, as well as the international business environment, necessitated a review of the convention. This review resulted in the adoption of the protocol of amendment to the International Convention on the Simplification and Harmonisation of Customs Procedures, or the so-called revised Kyoto Convention, in 1999.
The protocol of amendment consists of a main body and three appendixes which, in turn, contain the main body of the revised Kyoto Convention with a general annex and various specific annexes, standards, transitional standards and recommended practices. The protocol of amendment allows contracting parties, after acceding to the general annex, three years to implement the standards, and five years to implement the transitional standards. The protocol also requires contracting parties to accept the general annex.
The main objective of the protocol of amendment to the International Convention on the Simplification and Harmonisation of Customs Procedures is to facilitate legitimate trade by simplifying and harmonising customs procedures and practices. The revised Kyoto Convention is widely regarded as the blueprint for modern and efficient customs procedures, and will contribute to the predictability and efficiency required in international trade.
South Africa wishes to accept the amendments to the convention and the general annex to the protocol of amendment, and can accept it by lodging an instrument of accession with the depository of the protocol, namely the Secretary-General of the Customs Co-operation Council. Any legislative measures that may be taken in terms of the Kyoto Convention, including the general annex, will be made subject to the domestic laws of the contracting parties. The Chief State Law Adviser has indicated that the provisions of the Kyoto Convention would appear not to be in conflict with South African domestic law. The Select Committee on Finance, having considered the request for approval by Parliament of the accession to the protocol, recommends that the House, in terms of section 231(2) of the Constitution, approve the accession. I so move. [Applause.]
Debate concluded.
The CHAIRPERSON OF COMMITTEES: Order! I shall now put the question. The question is that the report be agreed to. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all the delegation heads are present in the Chamber to cast their provinces’ votes. Are all delegation heads present? Yes. In accordance with Rule 71, I shall first allow provinces the opportunity to make their declaration of vote, if they so wish.
We shall now proceed to the voting on the question. I shall do so in alphabetical order, per province. Delegation heads must please indicate to the Chair whether they vote in favour of, or against, or abstain from voting. Eastern Cape?
Ms B N DLULANE: Supports.
The CHAIRPERSON OF COMMITTEES: Free State?
Mr T S SETONA: Ha seketela. [We support.]
The CHAIRPERSON OF COMMITTEES: Gauteng?
Ms Q D MAHLANGU: Gauteng supports.
The CHAIRPERSON OF COMMITTEES: KwaZulu-Natal?
Mrs J N VILAKAZI: Siyavuma. [We agree.]
The CHAIRPERSON OF COMMITTEES: Limpopo?
Mr M I MAKOELA: Re a o thekga. [We support.]
The CHAIRPERSON OF COMMITTEES: Mpumalanga?
Ms M P THEMBA: steun. [Supports.] The CHAIRPERSON OF COMMITTEES: Northern Cape?
Mrs E N LUBIDLA: Agreed.
The CHAIRPERSON OF COMMITTEES: North West?
Mr Z S KOLWENI: Ke a rona. [Supports.]
The CHAIRPERSON OF COMMITTEES: Western Cape?
Ms N D NTWANAMBI: Iyaxhasa. [Supports.]
The CHAIRPERSON OF COMMITTEES: All provinces have voted in favour. I therefore declare the report agreed to.
Report accordingly adopted in accordance with section 65 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON FINANCE - ACCESSION TO THE CONVENTION ON TEMPORARY ADMISSION: ISTANBUL CONVENTION
Dr E A CONROY: Hon Chairperson and colleagues, the past 50 years have witnessed the proliferation of conventions, agreements and recommendations aimed at facilitating the temporary staying abroad of goods and means of transport. These instruments were developed as a result of strongly expanding international trade and increasing international interaction in the pursuance of professional, scientific, cultural and social objectives.
South Africa is a contracting party to seven World Customs Organisation conventions that deal with the temporary admission of, amongst other things, scientific equipment, pedagogic material, and packings and goods for use at fairs. Each of these treaties provides for its own conditions governing the temporary admission of the goods covered by them.
This situation, however, created difficulties for the users of the instruments and the customs administrations which were tasked with their application. As a result, the WCO was requested to develop a comprehensive international instrument dealing with the temporary admission of goods and means of transport.
The Istanbul Convention establishes a consolidated regime governing the temporary admission of goods and means of transport, and terminates and replaces existing instruments dealing exclusively or mainly with temporary admission.
The convention on temporary admission was adopted by the Council of the WCO on 26 June 1990 in Istanbul, Turkey, and entered into force on 27 November
- The Istanbul Convention is one of the main international agreements of the WCO aimed at the harmonising and simplifying of customs procedures.
The convention consists of 34 articles and 13 annexes. While the main body of the convention contains the basic principles underlying the convention and provisions necessary for uniform implementation, the 34 articles of the main body are contained in five chapters dealing with various aspects of the convention. As already indicated, the Istanbul Convention simplifies and harmonises customs formalities in connection with temporary admission and, as such, greatly contributes to the promotion and development of international trade. It also gathers all existing temporary admission facilities under a single instrument and provides a framework for dealing with any new categories of goods requiring temporary admission facilities.
The office of the Chief State Law Adviser has scrutinised the convention and its annexes and found the agreement to be in compliance with international law practice. The agreement falls within the purview of section 231(2) of the Constitution and is thus binding on the Republic of South Africa upon approval by Parliament.
The Select Committee on Finance, having considered the request for approval referred to it, recommends to and requests this House to approve accession to the Convention on the Temporary Admission: Istanbul Convention. I so move. [Applause.]
Debate concluded.
The CHAIRPERSON OF COMMITTEES: Order! I shall now put the question. The question is that the report be agreed to. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the Chamber to cast their provinces’ votes. Are all delegation heads present? Yes.
In accordance with Rule 71, I shall first allow provinces the opportunity to make their declaration of vote, if they so wish. We shall now proceed to the voting on the question. I shall do so in alphabetical order, per province. Delegation heads must please indicate to the Chairperson whether they vote in favour of, or against, or abstain from voting. Eastern Cape?
Ms B N DLULANE: Siyayixhasa. [We support.]
The CHAIRPERSON OF COMMITTEES: Free State?
Rev M CHABAKU: In favour. The CHAIRPERSON OF COMMITTEES: Gauteng?
Ms Q D MAHLANGU: Gauteng e a tlasa. [Gauteng supports.]
The CHAIRPERSON OF COMMITTEES: KwaZulu-Natal?
Mrs J N VILAKAZI: Sithi elethu. [We support.]
The CHAIRPERSON OF COMMITTEES: Limpopo?
Mr M I MAKOELA: Ke la ka leo. [Supports.]
The CHAIRPERSON OF COMMITTEES: Mpumalanga?
Ms M P THEMBA: Ke a rona. [Agrees.]
The CHAIRPERSON OF COMMITTEES: Northern Cape?
Mrs E N LUBIDLA: Re a dumela. [We agree.]
The CHAIRPERSON OF COMMITTEES: North-West?
Mr Z S KOLWENI: Ke a rona. [Agrees.] The CHAIRPERSON OF COMMITTEES: Western Cape?
Ms N D NTWANAMBI: Elethu. [We support.]
The CHAIRPERSON OF COMMITTEES: All provinces have voted in favour. I therefore declare the report agreed to.
Report accordingly adopted in accordance with section 65 of the Constitution.
The Council adjourned at 17:15. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
FRIDAY, 21 NOVEMBER 2003
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- Classification of Bills by Joint Tagging Mechanism:
(1) The Joint Tagging Mechanism (JTM) on 20 November 2003 in terms
of Joint Rule 161, classified the following Bill as a money Bill:
(i) Revenue Laws Amendment Bill [B 71 - 2003] (National
Assembly - sec 77)
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister for Provincial and Local Government:
Report and Financial Statements of the Board for Municipal Accountants
for 2002-2003.
COMMITTEE REPORTS:
National Council of Provinces:
- Report of the Select Committee on Labour and Public Enterprises on Oversight Visit to Limpopo, dated 12 November 2003:
The Select Committee on Labour and Public Enterprises, having visited
Limpopo Province on 22 August 2003, reports as follows:
A. TERMS OF REFERENCE
In order to encourage the clustering of activities amongst
committees of the NCOP, the Select Committees on Economic and
Foreign Affairs and on Labour and Public Enterprises undertook a
joint visit to Polokwane Province. This report captures those
issues which are relevant to the Select Committee on Labour and
Public Enterprises (the Committee).
The aim of the visit was to assess the challenges faced by the
Province within the telecommunications and postal services
sectors.
B. LOGISTICAL ARRANGEMENTS
The delegation consisted of the following persons:
Mrs C Nkuna (Chairperson)
Mr J B Tolo
Mr L G Lever
Mr R Z Nogumla
Mr N M Raju
Mrs D M Ramodibe
Ms P Mpoyiya (Committee Secretary)
Mr E Kgopa (Committee Secretary).
The Department of Communications (the Department) assisted with
arranging the briefings, the site visit and the drafting of the
programme for the week (refer to Annexure A).
C. FINDINGS
1. Briefing by Unit Manager, Postal Services: Department of
Communications and visit to Public Internet Terminal (PIT) in
Polokwane
Mr Makoni Masemola, Area Manager of the Post Office, welcomed
the Committee and briefly identified the services offered by
the Post Office. In response to the aim of the Committee's
visit, Mrs B Motapanyane, Unit Manager: Postal Services,
Department of Communications, made a presentation to the
Committee.
A brief overview of the project/objectives
* The PIT is part of the Department's futuristic information
strategy. The Com 2005 cluster of national projects within
the Information Communications Technology (ICT) arena will
be implemented over the coming years as the foundation for
both the information society and the information economy.
* PIT is a joint project between the Department and the
South African Post Offices Limited (SAPO).
* The objective of PIT is to create a communication
structure through which the public will also be empowered to
have electronic access to information and communication via
electronic mail.
* There are six basic categories of services offered by
PITs, which include government information, e-mail services,
Internet browsing, business services, educational services
and SMS transmission to a cellular telephone or an e-mail
address.
Extension of postal services in Polokwane
The postal services sector is seen as a critical part of
information and communications infrastructure and services to
assist in bridging the digital divide through economic growth
and improved access to basic communication services. To
respond to this challenge the Department has introduced the
concept of Citizens Post Offices (CPOs), which target
communities serviced by rural post offices. The facility
involves a bank of computers with e-mail and Internet
connectivity, a photocopier, a printer, a scanner, a binder, a
fax machine and public telephones. In Limpopo Province the
Department has deployed a CPO at Elim Hospital in the Makhado
area. Attempts are being made to roll out another CPO at
Sekhukhune Post Office in the Greater Sekhukhune Municipality.
A multi-purpose community center (MPCC) is to be rolled out at
the Ximungwe Post Office and Casteel MPCC in the Bohlabela
Municipality. These will be completed by 31 March 2004.
The trend in the use of the CPO at Elim Hospital CPO indicates
that services such as photocopying, faxing and making calls
from a public telephone are more popular than computer-based
services. The challenge, therefore, is to popularise computer-
based services through community awareness and outreach
programmes. In order to address this matter, the SMEs are
encouraged to participate in owning photocopiers and fax
machines in order to generate business for themselves and for
women to become business partners.
PIT sites
There are PITs throughout the country. In Polokwane, PITs have
been established in the following areas:
* Boyne, Main Road (next to Mori Head Quarters)
* Hoedspruit, Panther Street
* Bushbuckridge,/Jongilane, Stand 298, Arthurstone Farm
* Lebowakgomo, 13 Maudid Phasha Centre
* Mahwelereng, Shopping Complex Zone
* Pietersburg, Thabo Mbeki Street
* Thohoyhandou Shopping Centre
* Letsitele
* Namakgale Township
* Kgatswane MPCC
Integration of services
Government has adopted the concept of multi-purpose community
centres to advance the co-ordination and integration of
services between various government departments and
organisations. As part of the Department's contribution to
this concept, it has extended the citizen's post office
concept to community post offices. These are retail postal
agencies that are owned and managed by community structures,
such as traditional authorities, non-governmental
organisations and community-based organisations. They are more
prevalent in Limpopo, Mpumalanga and the North-West Provinces
and are being integrated with other government services.
Challenges in the postal services sector
* All post offices, MPCCs, municipal councils and shopping
centres should have PITs.
* Not all post offices have the required network
infrastructure.
* All citizens should have an e-mail address.
* The design of PiTs should cater for the needs of a broader
variety of citizens, for example people with disabilities.
The Post Office has a network of approximately 3 600 postal
outlets throughout the country. These outlets are located
within different communities with wide-ranging socio-economic
circumstances. It is, therefore, a challenge for the
Department to install a PIT at a post office that is located
in an area with no network infrastructure, since the
infrastructure is dependent on other role payers such as
Telkom.
The Department is looking at moving beyond the Post Office
network. Attempts are being made to get other stakeholders on
board, such as schools, hospitals, clinics, etc.
Successes in postal services sector
* In addition to the 100 sites that are operating throughout
the country, 200 other sites are currently being rolled out.
The focus in relation to these 200 sites has been on
priority areas, such as nodal points, which have been placed
in rural or urban areas as part of the Universal Service
Agency (USA).
* 200 sites for the year 2003-04 have been identified in
rural and urban areas by Universal Service Agency.
* The Department is considering the possibility of using the
PIT website on other computers around the world to access
PIT services. One can also access the PIT website
(www.pit.co.za) within the comfort of one's own home on
one's own desktop.
* The integration of PIT with e-government initiatives, such
as gateway projects, has been achieved.
Future plans
* A further roll out of 400 PITs by March 2004.
* Rollouts will focus on MPCCs, post offices, health
facilities, schools (ABET), municipal councils, shopping
centres and SMMEs.
* PIT community pilot projects will be established in order
to capture and collate stories about communities multimedia
and which can be accessed from a PIT.
* MPCCs will in future be connected by V-Sat (satellite)
because of the lack of the SAPO local area network.
* More joint projects are planned with government
departments, such as the Department of Health on health
education and with the Department of Agriculture and Land
Affairs on the branding of animals.
Assessment of the usage of PIT centres
A national study was conducted on the use of PIT centres.
Findings of the study indicated that people used the
facilities for different reasons, such compiling a CV, e-
business, education, e-mail, and government and internet
searches. Out of these activities, e-mail was the most popular
activity.
Question-and-answer session
What is the department doing to ensure that all services are
centralised to provide a one-stop service?
The MPCCs were meant to serve this purpose, but departments
chose to decentralise their services. However, the trend is
towards decentralising and integrating services within MPCCs.
What is the rationale behind the establishment PITs in
Polokwane, which has services, and not in rural areas?
The statistics in the report given to members are only for
post offices with connectivity i.e. PIT. The Department aims
to target all areas, especially those with MPCCs.
Statistics on use of PITs in Limpopo are too low when compared
to the rest of the country. Can this be viewed as a success
for the Department?
The Department uses the information systems to capture
information, thus it is possible through the PIT system to get
this information.
Does the government provide for services in MPCCs?
MPCCs are government-driven and are open to the public. Most
of these services are free.
The Department of Home Affairs indicated that it is unable to
provide these services in areas where they are needed most due
to security reasons. The PIT system and MPPC concept are very
useful. Is there integration with other departments? Are PIT
centres prone to vandalism?
In terms of service delivery, people look to government and
not to departments. Negotiations about integrating government
services have begun.
There are no statistics on vandalism in relation to PITs. It
is very hard to vandalise the facility since it is placed in
secure areas inside the post office. In respect of
maintenance, managers are required to keep a record of
malfunctions and the relevant companies are ready to maintain
the facility.
What is the relationship with the Department of Home Affairs?
The Department of Home Affairs is not participating in the
project.
What is a gateway project?
A gateway project is similar to the MPCC concept. It is an
initiative of the Department of Public Service and
Administration. Facilities similar to those of MPCCs. They are
established in urban areas where different departmental
services are offered to the public.
What is V-sats?
V-sats is a Saphan, a local area network satellite which
requires a Telkom or Eskom line to operate.
What is the purpose of the proposed system on animal branding
by the Department of Agriculture and Land Affairs?
The system is aimed at assisting and controlling the movement
of animals and keeping them quarantined in the event of an
outbreak of disease.
Would it be possible for a child to collect the pension grant
for a pensioner by using the smart card system?
It is not possible because the system requires fingerprint
identity.
Recommendations by Committee
The revelations on the lack of participation by the Department
of Home Affairs needed to be deliberated further with the
Select Committee on Social Services and Department of Home
Affairs.
2. Report on oversight visit to telecommunications sector:
Universal Services Agency
Visit to Mankweng Telecentre
Ms Maleka, a member of the community and board member of the
telecentre welcomed the Committee. On arrival the delegation
was met by members of the Mankweng community and a Board
member who took the delegation on a tour of the telecentre.
Background
The telecentre was established as a result of the initiatives
by the community who identified the need for such a facility.
Through interaction with the Universal Service Agency, the
telecentre was opened.
The telecentre offered services such as computer training,
faxing, telephoning, photocopying, e-mailing and Internet
access.
Findings
During its tour of the centre, it became clear to the
delegation that the center was underutilised. There were a few
facilities that were offered to the public, and those that
were available could not be used properly. For example, there
were three public booths without telephones. One person was
using a computer. The photocopier and the fax machine were in
working order. The building was also used as a day-care centre
for young toddlers.
Successes of the telecentre
People no longer have to walk long distances to make calls,
surf the Internet or use a fax machine. Through training some
have become computer literate.
The following were highlighted as challenges facing the
community of Mankweng
* The high level of crime and burglaries made it difficult
for the centre to function optimally.
* The equipment in the centre was in need of repair.
* In respect of connectivity, the center ran up huge
telephone accounts as a result of the technology supplied by
Telkom, which was not conducive for internet operations - it
took long to download information.
* Some members of the community competed with the centre by
operating public telephone cubicles in the vicinity.
Question-and-answer session
How frequently do members of the community use the facilities
in the centre?
After the centre's door were opened, 70% of the community was
using the facility. However, due to challenges indicated, the
numbers have dwindled. Attempts are under way by the Universal
Service Agency to understand the problem and consider
solutions in order to encourage more usage of the centre by
the community.
Is there accreditation for lessons/courses learnt at the
centre?
In the absence of a centre manager, no training is being
offered. Learners attend training at the neighbouring centres.
The USA has a contract with the Wits Link Centre, by which
managers are offered a train-the-trainer course, which is
accredited by Wits Technikon.
After training, does the centre assist the trainees with
placements?
The centre does not have a direct placement plan. However,
most of the learners who underwent training obtain jobs as
volunteers with the Department of Public Works, as well as in
the schools around the area.
Is it not possible for Telkom to adjust their tariffs?
The USA tried to negotiate with Telkom on this matter, but no
deals could be reached.
How does the USA ensure that the relevant skills are acquired
through the telecentre?
The USA has devised a system where, before giving training,
individuals are required to commit themselves for 18 months in
order to receive substantial training and acquire the relevant
skills from the facility.
Recommendations by Committee
* The community requests the USA to provide for the security
of the premises in order to minimise theft and burglary.
* The USA needs to employ a co-ordinator who would liaise
with its head office with regard to the centre's
requirements.
* Telkom's digital connections must be changed, since the
current system results in a long wait before one is
connected and in huge telephone accounts.
Word of thanks
Mrs Ramodibe extended a word of appreciation on behalf of the
Committee.
Concluding remarks on the report
Mrs Nkuna, Chairperson of the Committee, informed the
community that the Committee would submit a report on the
visit to Parliament. She encouraged the community to keep an
eye on each other, since mostly persons within the community
committed the burglaries. It is only once all these are
handled that security companies can be introduced at the
centre.
Report to be considered.
MONDAY, 24 NOVEMBER 2003
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Special Report of the Auditor-General on the Delays in the Tabling of
Annual Reports for 2002-2003, as required by the Public Finance
Management Act, 1999 (Act No 1 of 1999) [RP 215-2003].
National Council of Provinces:
- The Chairperson:
Tenth Report of the Working Group on the African Union (as at 18
November 2003):
Following on its Ninth Report, the Working Group would like to report
as follows:
(1) Ratification of the Pan African Parliament (PAP) Protocol
The PAP Protocol requires ratification by a simple majority of
Member States that are party to the original AEC Treaty which
provided for the Pan African Parliament. There are 47 states that
are signatories to that Treaty and therefore 24 instruments were
required. In terms of Article 22, the Protocol enters into force
30 days after the deposit of the instruments of ratification by a
simple majority of the Member States.
On 14 November 2003, HE Prof Alpha Oumar Konare, Chairperson of the
AU Commission, announced that the Protocol on the Pan African
Parliament has received sufficient ratifications to enter into
force after 30 days from that day (14 November 2003).
(2) Beginning of first term of office of the Pan African Parliament
It is the intention of the Commission to convene the Inaugural
Session towards the end of January 2004, probably in the 3rd week.
Thus, the Pan African Parliament will be established within the
timeframes set by the 2nd Summit of the AU held in Maputo which
had resolved that the Pan African Parliament should meet before 31
January 2004. The Chairperson of the Commission is consulting
President Chissano, Chairperson of the African Union, regarding
the dates for the Inaugural Session and confirmation of the venue.
The Resolution of the Summit relating to the PAP had also stressed
the importance of setting up this organ "which will ensure the
effective and full participation of the African Peoples in the
Development and Integration of the Continent".
(3) Election of delegation to the Pan African Parliament
The Working Group would like to draw to the attention of the House
the following provisions of the Protocol:
- Each Member State shall be represented in the Pan African
Parliament by five Parliamentarians, at least one of whom
shall be a woman (Article 4.1);
- The representation of each Parliament shall reflect the
diversity of political opinions in each national Parliament or
other deliberative organ (Article 4.2);
- The Pan African Parliamentarians shall be elected or designated
by the respective National Parliaments and/or other
deliberative Organs of the Member States from among their
members (Article 5.1);
- The Pan African Parliamentarians shall vote in their personal
and independent capacity (Article 6);
- Membership of the Pan African Parliament shall be incompatible
with the exercise of executive or judicial functions in a
Member State (Article 7);
- The Pan African Parliament shall elect, at its first sitting
following its election, by secret ballot, from among its
members and in accordance with its Rules of Procedure a
President and four Vice Presidents representing the Regions of
Africa, as determined by the OAU (now AU). The election shall,
in each case, be by simple majority of the members present and
voting (Article 12.2).
The Working Group recommends:
(a) That the Houses elect the five members who are to serve on
the Pan African Parliament in terms of the Protocol. It should
be noted that the delegation will comprise members from both
Houses.
(b) That parties need to discuss and agree on the composition
of the delegation and the election process.
The Working Group in its Eighth Report gave the following option
regarding representation: If the largest party is to have a
majority - three members from the largest party and two members
from among other parties.
In the same report, the Working Group recommended that at least
three of the members should be women. This report was adopted by
the Council on 23 September 2003.
Once these members have been elected, Parliament will need to
inform the AU Commission by 30 November 2003, indicating the names
of the members, the process of their election and their curriculum
vitaes so that representativity can be considered.
The Commission has indicated that a Credentials Committee will be
set up before the Inaugural Session. The Committee will not
accredit any representatives who do not conform with the
stipulated requirements of gender and political diversity.
The Commission has also distributed for consideration by
Parliaments the "Draft Oaths of Office" for Members and Presiding
Officers. Parliament also needs to make recommendations on what
committees should be set up at the Inaugural Session, as well as
the nature of the debate to be held at that Session. The Working
Group is currently considering these matters with a view to making
recommendations.
(4) Reporting Mechanisms
Parliament should also consider how the five members of the PAP
will report. The Working Group has previously recommended the
establishment of a Committee, before the Inaugural Session of the
PAP, to process and deal with issues emanating from the African
Union and the Southern African Development Community Parliamentary
Forum (SADC-PF). The Committee would also discuss mandates and
receive reports from the members of the PAP with a view to tabling
them.
The Working Group recommends:
(a) That a Committee on the African Union be established, as
previously proposed and agreed to by the House when it adopted the
Eighth Report.
(b) That the terms of reference of the Committee as suggested in the
Eighth Report be amended to exclude the SADC-PF and SADC
Parliament, pending developments in that regard.
Report to be considered.
COMMITTEE REPORTS:
National Assembly and National Council of Provinces:
- Report of the Joint Budget Committee on the Medium-Term Budget Policy Statement, dated 24 November 2003:
SEE ATTACHED HARD COPY - PLEASE INSERT AS INDICATED
PLEASE INSERT ELECTRONIC DATA - Insert 1ATC2411e.doc
National Council of Provinces:
- Report of the Ad Hoc Committee on the Intervention in the Mafikeng Local Municipality, dated 31 October 2003, as follows:
The Ad Hoc Committee established by the National Council of Provinces
in terms of Rule 160(1)(a), having considered the application for
approval of an intervention made in accordance with section 139(1)(b)
of the Constitution, by the provincial government of the North West
Province in the Mafikeng Local Municipality, referred to it, reports as
follows:
Background to the intervention
The current situation in the Mafikeng Local Municipality (Municipality)
is such that it cannot fulfil its constitutional obligations in terms
of section 152 of the Constitution.
The Municipality faces severe shortcomings in its budget and cash flow
management. As a result, its financial condition and ability to deliver
essential services has been seriously compromised and continues to
deteriorate. The deterioration has also been attributed to poor
financial planning and administration and the inability to collect
monies owed to the Municipality. This impacted on the capacity of the
municipality to deliver free basic services to its indigent
communities. At present the Municipality's expenditure exceeds its
monthly income.
The Municipal Manager, as well as many other officials were suspended.
A senior official from the Department was seconded to the Municipality
in the position of acting Municipal Manager. The Speaker of the
Municipality had been requested to resign in April 2003.
The acting Municipal Manager and new Mayor have, since taking office,
begun to implement certain turn around strategies and cost cutting
initiatives. However, it was noted that, for the purposes of the
intervention, it would be impossible to separate areas where
performance was satisfactory from those where it was not.
Summation
Following the demarcation process, completed in December 2000, Mafikeng
Local Municipality incorporated rural areas and it now covers a bigger
area, which is 25% urban and 75% rural. Its equitable share does not
reflect the demographics and the needs of the Municipal area. However,
its budget has since increased by 9%. The Municipality has few sources
of income, besides the bulk water supply and rates and taxes. The lack
of income impacts negatively on service delivery. The cost of
developing its rural areas is largely being borne by the property
owners in Mafikeng through taxes, as most residents are too poor to
develop the broader area. It appears that this results in excessive tax
and an undue burden on these property owners.
Terms of the intervention
On 3 September 2003, the Provincial Executive launched an intervention
in the Municipality in terms of section 139(1)(b) of the Constitution.
The MEC for Developmental Local Government and Housing, on behalf of
the provincial government, submitted a notice to the National Council
of Provinces to approve the intervention, which effectively commenced
on 4 September 2003, in compliance with section 139 (2)(a)(ii) of the
Constitution.
The North West Provincial Government is seeking approval for its
intervention on the following terms:
To produce a service delivery plan for the entire municipal
area in terms of all its powers and functions as stipulated in
Schedule 4 Part B and Schedule 5 Part B of the Constitution,
subject to the Minister's authorisation and MEC's adjustment
of powers and functions as provided for in Section 84 of the
Municipal Structures Act, 1998 (Act 117 of 1998)
To develop a financial management plan for the Municipality to
include the following:
- A cost recovery plan
- Debt management and control
- Cost cutting measures
- Cash management plan
- Credit control policy
- Indigent policy
To develop a plan for the placement of staff
To develop performance agreements for all employees covered
by Section 57 of the Municipal Systems Act
To review all existing delegations to empower the Council and
Executive to drive the change plan
To finalise the Integrated Development Plan and link it to
the budget
To finalise all service level agreements with the relevant
service authorities (for example water, electricity, fire
services etc).
As a result, the terms of reference of the intervention would be
restricted to the following functional areas of the Municipality:
Financial situation of the Municipality
Integrated Development Plan
Political problems
Service delivery
Debt management
Staff complement of the Municipality
Cost-cutting measures
Financial situation of the Municipality
The Municipality's current budget is comparatively low, at R120 million-
R140 million. By 30 June 2003 the Municipality's outstanding debtors
amounted to R195 million. The acting Municipal Manager was not able to
confirm the amount of R195 million. Since there are no financial
systems in place in the Municipality and the billing system is
inadequate there is a dispute about arrear amounts for services owing
to the Municipality. Cheques amounting to R1,6 million were
dishonoured, due to insufficient funds, at the end of June 2003. This
resulted in the possibility of legal action being taken against the
Municipality. The provincial Department has had to pay the
Municipality's water bills and negotiate with banks on their behalf.
The personnel cost as a percentage of the total budget exceeds 50%,
which is far above the national norm of 33-35%. Salaries of personnel
employed in accordance with Section 57 of the Municipal Systems Act,
who are accountable directly to the Municipal Manager were decided on
without a Council resolution.
The Municipality's overdraft increased from R7 to R11 million and stood
at R18 million when the new Mayor came into office. The Municipality no
longer has an overdraft, which was paid off when the national
Department of Public Works advanced R 22 million of an amount of R 30
million owed to the Municipality.
The financial problems experienced by the Municipality also resulted
from certain decisions taken by the previous Municipal Manager without
Council resolution.
Integrated Development Plan
The IDP of the Municipality has been implemented on an ad hoc basis
from reserve funding and has not been linked to the budget. There are
also no business plans linked to the IDP. The June 2003 deadline to
finalise the IDP was not met because the IDP review was not completed.
By October 2003 a draft IDP would have been finalised, which will be
tabled before Council and circulated to the community. The Municipality
is seeking donor funding for the implementation.
In addition, the Municipality is engaging with provincial and national
Departments to establish whether their developmental projects in
Mafikeng can be linked to the Municipality's IDP. Each Director has
been tasked with devising strategies that can be implemented by
November 2003. If the IDP were linked to the budget it would be easier
to implement the IDP.
Political problems
The Section 106 investigation instituted by the Department found that
the problems within the Municipality are both political and
administrative. Many Councillors are not familiar with the relevant
legislation despite workshops and other attempts at capacity building.
The political tensions are serious and as a result there is little
cohesion within the Council. The committee system is not working
adequately and the ex Mayor and ex Speaker have also fought over who
should control the committees, which are seen as a political
constituency. This resulted in a difficult relationship between these
two office bearers and resulted in the appointment of a new Mayor and
the new Speaker.
From 2000 to 2003 the Council did not receive information on the
financial status of the Municipality from the ex Mayor, including the
ex Municipal Manager, who never reported to the Council on service
delivery. However, since the appointment of the new Mayor there has
been improvement in communication between the Mayors' Office and the
Council.
Service Delivery
There is no visible service delivery in Mafikeng.
National resolutions on basic service delivery need to be implemented.
Rural areas are currently being prioritised especially where there is
no development. Although such development will improve with the
implementation of an IDP, until proper financial management systems are
in place, the IDP cannot be implemented.
With regard to the delivery of houses, roads and so forth, the
Municipality will also work with the Provincial Department of Local
Government and Housing. A decision was taken to provide 60 kilolitres
of free water, the provision of which began in July 2003. No agreement
has yet been signed with Eskom on the provision of 50 kilowatts of
electricity. The Municipality is also working towards putting the
appropriate infrastructure in place for service delivery.
There is an uncoordinated approach to land sales. The land register is
not completely accurate and in addition there are inter-governmental
disputes about who owns certain portions of land and also disputes with
traditional communities.
All the former "Bantustans" had all or some of their responsibilities
taken away from them prior to 1994 when there was no system of local
government in place. In 1992 the former Bophutatswana had their
electricity distribution license taken from them. When the Bantustans
were formally incorporated into South Africa in 1994 Eskom subsequently
took over the license to distribute electricity in Mafikeng, diverting
much needed revenue from the Municipality. Mafikeng is therefore one of
the few municipalities with no coverage of its own jurisdiction.
Special consideration must be given to such struggling municipalities
which previously relied on the income from selling electricity.
On 30 September 2003 an agreement should have been signed with Eskom,
nationally, to provide free service in the provinces. However, in the
North West province Eskom has stated that they are not ready, as the
provincial division of Eskom has not received a mandate from Eskom's
national office.
Debt Management
The Municipality's financial system has no "performance management
aspects", which means that it is essentially an accounting financial
system. The debtors' amount of R195 million reflected in the
Municipality's records is in dispute due to inadequacies in the billing
system.
Payments from consumers come in too slowly and, in addition, the
Municipality's credit control policy, which is also inadequate, is not
being implemented properly. The Municipality is not in a position to
cut off the electricity or water supply to non-payers since it is not
the distributor.
Reports from the Auditor-General are generally not followed up and as a
result there is a recurrence of the same audit queries.
The current rate of payment for services is 60-65%, which is very low.
Although this rate has improved in the past two months, it needs to be
sustained.
There is no profit to subsidise services and this results in very high
water and electricity rates. Eskom paid a loss in income profit to the
Municipality twice, but these payments have since stopped.
Bulk water supply is being bought from Botshelo Water Board, which acts
as the middleperson between the Municipality and the Department of
Water Affairs and Forestry. Built into the amount paid by the
Municipality is a water tariff, which is due to the Department of Water
Affairs and Forestry, but the Botshelo Water Board do not pay this over
which means that the Municipality is effectively subsidising the Water
Board. If the Municipality could acquire this bulk water supply
function, it would create savings and ease the cash flow problems.
Staff
Staff placement in the new structure required by the IDP has almost
been finalised. Prior to 30 June 2003 more than 50% of the budget was
allocated to personnel. This was due to the high numbers of contractual
employees, some without job descriptions. The assessment of the IDP was
that the staff structure was too bloated. This will need to be
considered in the IDP review process and possibly the budget review.
Each directorate is required to stipulate how many staff they need.
Some people have been paid huge allowances. Council has a policy on
these allowances and cost cutting measures have been put in place, even
to curb the excessive use of consumables. Directors have been requested
to cut costs.
Cost-cutting measures
Following the investigation by the Department and the appointment of
the acting Municipal Manager, the Municipality has embarked on certain
cost cutting measures to avoid reverting to the use of the overdraft.
For instance, spending on personnel costs have been reduced. Council
took a decision that from 1 August 2003 the payment of allowances would
be cut.
Before a new policy on the use of credit cards was implemented, the ex
Mayor and ex Municipal Manager were each receiving R10 000,00 monthly
for entertainment, though the money was often used for their personal
expenditure. It was agreed that the municipal finance department would
recover any personal expenditure from their salaries, but this was not
done. The new Mayor has since put mechanism to recover the money owed
to the Municipality, and has also stopped the use of credit cards until
a new policy in this regard is put in place.
Department's efforts to remedy the situation
The Provincial Department of Local Government and Housing has developed
a support plan to assist the Municipality in its turnaround strategies.
It includes funding for the appointment of an Acting Municipal Manager
to replace the current Acting Municipal Manager, a senior official
seconded from the Department. It is also seeking to fund the
appointment of turnaround strategists to address the institutional and
financial problems afflicting the Municipality. The turnaround
strategies would not necessarily be to assume the normal functions of
the Municipality but to focus on the finances and cost drivers of the
Municipality. The framework of the intervention is therefore not
intended to "take over" certain functions but will focus and advise the
Municipality on financial issues. This is a more restricted, manageable
form of intervention.
A municipal leadership academy has also been established to build
capacity within municipalities.
Ending of the Intervention
According to the MEC, the turnaround would take a minimum of one month;
following adjudication on 1 October, service providers would be
appointed.
The intervention must end when the National Council of Provinces is
satisfied that the Municipality is able to resume its constitutional
responsibilities, that the Municipality is financially viable and that
financial control policies are in place and consistently implemented.
Resolution of the Committee
The Committee recommends that the intervention in the Mafikeng Local
Municipality by the North West government be approved.
Further, that the Office of the MEC submits monthly reports to the
National Council of Provinces, in order to enable the Council to
monitor the intervention regularly. These monthly reports should focus
on the terms of reference for the intervention as well as the areas of
concern raised in the main report.
Report to be considered.
-
Report of the Select Committee on Economic and Foreign Affairs on the National Gambling Bill [B 48B - 2003 (Reprint)] (National Assembly - sec 76), dated 24 November 2003:
The Select Committee on Economic and Foreign Affairs, having considered the subject of the National Gambling Bill [B 48B - 2003 (Reprint)] (National Assembly - sec 76), referred to it, reports the Bill with amendments [B 48C - 2003].
-
Report of the Select Committee on Land and Environmental Affairs on the Environment Conservation Amendment Bill [B 45B - 2003] (National Assembly - sec 76), dated 24 November 2003:
The Select Committee on Land and Environmental Affairs, having considered the subject of the Environment Conservation Amendment Bill [B 45B - 2003] (National Assembly - sec 76), referred to it, reports the Bill with amendments [B 45C - 2003].
-
Report of the Select Committee on Land and Environmental Affairs on the National Environmental Management: Protected Areas Bill [B 39B - 2003] (National Assembly - sec 76), dated 24 November 2003:
The Select Committee on Land and Environmental Affairs, having considered the subject of the National Environmental Management: Protected Areas Bill [B 39B - 2003] (National Assembly - sec 76), referred to it, reports the Bill with amendments [B 39C - 2003].
-
Report of the Select Committee on Land and Environmental Affairs on the National Environmental Management Second Amendment Bill [B 56 - 2003] (National Council of Provinces - sec 76), dated 24 November 2003:
The Select Committee on Land and Environmental Affairs, having considered the subject of the National Environmental Management Second Amendment Bill [B 56 - 2003] (National Council of Provinces
- sec 76), referred to it, reports the Bill with amendments [B 56A
- 2003].
-
Report of the Select Committee on Land and Environmental Affairs on the National Environmental Management: Air Quality Bill [B 62 - 2003] (National Council of Provinces - sec 76), dated 24 November 2003:
The Select Committee on Land and Environmental Affairs, having considered the subject of the National Environmental Management: Air Quality Bill [B 62 - 2003] (National Council of Provinces - sec 76), referred to it, reports the Bill with amendments [B 62A - 2003].
-
Report of the Select Committee on Local Government and Administration on the Traditional Leadership and Governance Framework Bill [B 58B - 2003] (National Assembly - sec 76), dated 24 November 2003:
The Select Committee on Local Government and Administration, having considered the subject of the Traditional Leadership and Governance Framework Bill [B 58B - 2003] (National Assembly - sec 76), referred to it, reports the Bill without amendment.
During the Committee’s deliberations on the Bill, certain amendments were presented to the Committee. Having considered the explanations given in respect of the proposed amendments, the majority of the provinces have mandated their delegations to vote in favour of the Bill without any amendments. However, it is acknowledged that there is a need to improve an expression contained in the Preamble. The Committee accepts that such an amendment is technical in nature and that the Department of Provincial and Local Government will attend to such an amendment at its earliest convenience.
TUESDAY, 25 NOVEMBER 2003
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- Classification of Bills by Joint Tagging Mechanism:
(1) The Joint Tagging Mechanism (JTM) on 25 November 2003, in terms
of Joint Rule 160(3), classified the following Bill as a section
75 Bill:
(i) Electoral Laws Second Amendment Bill [B 73 - 2003]
(National Assembly - sec 75)
(2) The Joint Tagging Mechanism (JTM) on 25 November 2003, in terms
of Joint Rule 161, classified the following Bill as a money Bill:
(i) Adjustments Appropriation Bill [B 69 - 2003] (National
Assembly - sec 77)
- Assent by President in respect of Bills:
(1) Mining Titles Registration Amendment Bill [B 24D - 2003] - Act
No 24 of 2003 (assented to and signed by President on 21 November
2003); and
(2) National Small Business Amendment Bill [B 20B - 2003] - Act No
26 of 2003 (assented to and signed by President on 21 November
2003).
- Bills passed by Houses - to be submitted to President for assent:
(1) Bill, as rejected by National Council of Provinces, passed by
National Assembly on 25 November 2003:
(i) Pensions Second (Supplementary) Bill [B 59 - 2003]
(National Assembly - sec 77)
(2) Bill passed by National Council of Provinces on 25 November
2003:
(i) Higher Education Amendment Bill [B 36 - 2003] (National
Assembly - sec 75)
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 25 November 2003 and
transmitted for concurrence:
(i) Electoral Laws Second Amendment Bill [B 73 - 2003]
(National Assembly - sec 75)
The Bill has been referred to the Select Committee on Social
Services of the National Council of Provinces.
(ii) Adjustments Appropriation Bill [B 69 - 2003] (National
Assembly - sec 77)
(iii) Revenue Laws Amendment Bill [B 71 - 2003] (National
Assembly - sec 77)
The Bills have been referred to the Select Committee on Finance of
the National Council of Provinces.
(2) Bill, agreed on by Mediation Committee, passed by National
Assembly on 25 November 2003:
(i) Liquor Bill [B 23F - 2003] (National Assembly - sec 76). COMMITTEE REPORTS:
National Assembly and National Council of Provinces
-
Report of the Ad Hoc Committee on Public Auditing Function, dated 25 November 2003:
The Ad Hoc Committee on Public Auditing Function was established by resolution of the House (see Minutes of Proceedings of National Assembly, 24 June 2003, p 700) and mandated to introduce a bill on the objects contained in a legislative proposal reviewing the public auditing function, which was submitted to the Speaker by the Audit Commission (see Announcements, Tabling and Committee Reports, 2 June 2003, p 518).
The Ad Hoc Committee wishes to submit a progress report, as follows:
-
Prior notice of the introduction of the draft bill was given in the Government Gazette, No 25064, dated 5 June 2003, by this Parliament, and an explanatory summary of the draft bill was published in the same Gazette.
-
The Gazette also contained an invitation to interested persons and institutions to submit written representations on the draft legislation to the Secretary before 25 June 2003. The Committee duly considered the submissions and conducted public hearings thereafter.
-
In addition, the Committee consulted with the chairperson of the Joint Standing Committee on Intelligence (JSCI), the chairperson of the Portfolio Committee on Defence, the Auditor- General, the Speaker of the National Assembly, The Presidency, the National Department of Intelligence, the National Department of Defence, the South African Police Service and the National Treasury. In this regard, the Committee wishes to take this opportunity to thank those who willingly provided invaluable input.
-
The Committee has now approved the final draft of the bill, and will introduce the bill when it is ready for publication by publishing a final report and submitting a copy of the bill to the Speaker in terms of Rule 243.
-
In conclusion, we recommend that, upon introduction, Members be afforded an opportunity to debate the bill in the House.
-
Report to be considered.
-
Report of the Portfolio Committee on Agriculture and Land Affairs on the Spatial Data Infrastructure Bill [B 44B - 2003] (National Assembly - sec 75), dated 25 November 2003:
The Portfolio Committee on Agriculture and Land Affairs, having considered the Spatial Data Infrastructure Bill [B 44B - 2003] (National Assembly - sec 75) and proposed amendments of the National Council of Provinces (Announcements, Tablings and Committee Reports, 8 October 2003, p 1277), referred to the Committee, reports the Bill with amendments [B 44C - 2003].
Report to be considered.
-
Report of the Portfolio Committee on Provincial and Local Government on the Local Government: Municipal Systems Amendment Bill [B 49B - 2003] (National Assembly - sec 75), dated 25 November 2003:
The Portfolio Committee on Provincial and Local Government, having considered the Local Government: Municipal Systems Amendment Bill [B 49B - 2003] (National Assembly - sec 75) and proposed amendments of the National Council of Provinces (Announcements, Tablings and Committee Reports, 13 October 2003, p 1285), referred to the Committee, reports the Bill with amendments [B 49C - 2003].
Report to be considered.