National Assembly - 07 September 2005
WEDNESDAY, 7 SEPTEMBER 2005 __
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met at 14:04.
The Deputy Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.
FLOOR-CROSSING
(Announcement)
The DEPUTY SPEAKER: Hon members, before we proceed with today’s business I wish to announce that the following change in party membership has occurred as a result of floor-crossing. The hon Ms M M Mdlalose left the Inkatha Freedom Party on 6 September 2005 and joined the National Democratic Convention.
NOTICES OF MOTION
Mrs C DUDLEY: Madam Deputy Speaker, I give notice that I shall move on behalf of the ACDP:
That the House debates the global scourge of human trafficking in which South Africa is playing an ever-increasing role, with specific focus on the measures being implemented by departments to prevent trafficking and to protect and compensate those who are trafficked.
Dr S E M PHEKO: Madam Deputy Speaker, I give notice that I shall move:
That the House -
(1) notes that the PAC of Azania has received with jubilation a report that four South African universities, namely the University of KwaZulu-Natal, the University of the Witwatersrand, the University of Pretoria and the University of Cape Town, have been named among 500 top universities in the world for academic excellence;
(2) The PAC sends warm congratulations to the four South African universities and to Cambridge University in Britain and Harvard University in America, which, for a long time, have maintained high academic standards; and
(3) The PAC encourages universities in our country to maintain high standards of learning and acquisition of knowledge for human development and service, particularly in the fields of science, technology and commerce; for rapid economic, social and technological development of our country, especially in the rural areas and African townships so that the two-nations syndrome of the extremely rich and white and the extremely poor and African can be consigned to the dustbin of history.
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Deputy Speaker, may I address you on a point of order?
The DEPUTY SPEAKER: Your point of order?
The CHIEF WHIP OF THE MAJORITY PARTY: I think there’s an agreement amongst us as parties that we differentiate between a statement and a notice of motion. In so far as a notice of motion is concerned, it must actually make a suggestion for a particular action to be taken, whether it be a discussion or whatever, so that we don’t have confusion between it and a statement.
It’s correct to make a statement to praise whatever event has taken place or to recognise whatever achievement, but that was a statement not a motion. So that little differentiation becomes very important, otherwise we’re going have statements named motions, and when we call for statements it will be the same thing.
The DEPUTY SPEAKER: Yes, we note your intervention, Chief Whip. We now come to motions without notice. What I also observe is that Mr Pheko has made the Minister of Education extremely happy.
The MINISTER OF EDUCATION: Madam Deputy Speaker, I would have been happier if Mr Pheko had put it as a motion without notice, rather than a notice of motion, because then we would have acclaimed the motion.
MOTION OF CONDOLENCE FOR THE LATE MR ETTIENNE BOTHA
(Draft Resolution)
Mnr J H VAN DER MERWE: Agb Adjunkspeaker, ek stel sonder kennisgewing voor:
Dat die Huis –
(1) met skok kennis neem van die tragiese afsterwe vanoggend van die briljante rugbyspeler Ettienne Botha in ’n motorongeluk;
(2) verder kennis neem dat hierdie jong Blou Bul ’n uiters belowende rugbytoekoms in internasionale rugby voor hom gehad het en dat sy afsterwe ’n onherstelbare leemte in die Springbokke en die Blou Bulle laat; (3) daaraan erkenning gee dat die naam van Ettienne Botha in Bloubulland sal voortleef saam met die name van Naas Botha, Frik du Preez en Hannes Brewis; en
(4) sy innige meegevoel uitspreek teenoor Ettienne se geliefdes en naasbestaandes en almal wat deur die tragiese gebeurtenis getref is.
(Translation of Afrikaans draft resolution follows.)
[Mr J H van der Merwe: Deputy Speaker, I move without notice:
That the House -
(1) notes, with shock, the death of the brilliant rugby player Ettienne Botha in a tragic motor car accident this morning;
(2) further notes that this young Blue Bull had a promising rugby career in international rugby and that his death will leave a void that cannot be filled in the Springbok and the Blue Bulls teams;
(3) recognises that in Blue Bull country the name Ettienne Botha will forever resound alongside the names of Naas Botha, Frik Du Preez and Hannes Brewis; and
(4) conveys its deepest sympathy to the loved ones and relatives who were struck by this tragic event.]
Agreed to.
The CHIEF WHIP OF THE MAJORITY PARTY: Now that I get the opportunity, Madam Deputy Speaker, we support that motion.
The DEPUTY SPEAKER: I thought the motion was on behalf of the House, and I thought it was supported earlier in your own caucuses where you met privately.
The CHIEF WHIP OF THE MAJORITY PARTY: That’s right, Madam.
SALARIES PAYABLE TO CONSTITUTIONAL COURT JUDGES AND JUDGES
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Deputy Speaker, I move without notice:
That the House approves the draft notice and schedule received
from the Presidency determining the rate at which salaries are
payable to Constitutional Court judges and judges annually,
with effect from 1 April 2005, in terms of section 2 of the
Judges’ Remuneration and Conditions of Employment Act, Act 47
of 2001, as amended by section 15 of the Judicial Officers
(Amendment of Conditions of Service) Act, Act 28 of 2003.
Agreed to.
SALARIES PAYABLE TO MAGISTRATES
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Deputy Speaker, I move without notice:
That the House approves the draft notice and schedule received from the Presidency determining the rate at which salaries and allowances are payable to magistrates annually, with effect from 1 April 2005, in terms of section 12(1)(a) of the Magistrates Act, Act 90 of 1993, as amended by section 3 of the Judicial Officers (Amendment of Conditions of Service) Act, Act 28 of 2003.
Agreed to.
ACCESS TO HEALTH CARE SERVICES
(Member’s Statement)
Ms M M SOTYU (ANC): Deputy Speaker, as we continue to celebrate 50 years of the Freedom Charter, our people in the health sector are working hard to ensure that more and more of our people have access to health services that are provided by our government.
Access to health care is not a luxury, but a necessary condition for all- round human development. We, members of the ANC, will continue to strive for better access to health care for all our people. The recent announcement by the Minister of Health, Comrade Manto Tshabalala-Msimang, to cut hospital fees by up to 70% to ensure that the poorest of the poor are able to access health care without any problem, is a welcome initiative.
The ANC calls on all health workers and our activists to assist the government in the provision of a better and efficient health care system for all our people. I thank you. [Applause.]
ANC ELECTION CAMPAIGN FINANCED BY TAXPAYERS
(Member’s Statement)
Mr G R MORGAN (DA): Madam Deputy Speaker, no election in South Africa can be free and fair if the ANC is being financed inappropriately by taxpayers. [Interjections.] The Government Communication and Information System continues to abuse taxpayers’ money to promote the electoral interests of the ANC.
Today the DA submitted a private member’s Bill intended to regulate government advertising during an election period, specifically from the date an election is called to the date the result of the election is determined.
Last year the massive advertising and communication campaign surrounding the 10 years of democracy celebrations, which in many cases rehashed ANC election manifestos, was designed largely to generate an enabling environment for the ANC during the 2004 election period. This year the ANC has made it clear that it intends to base its local government election campaign on and around the Freedom Charter.
We already saw a conflation of party and state when the SABC effectively launched the ANC’s election campaign in Kliptown during the Freedom Charter celebrations. Government advertising, which seeks to advance the ruling party, is wrong, undemocratic and a misuse of public money for party- political purposes. I thank you. [Interjections.]
PERSONNEL EDUCATION EXPENDITURE
(Member’s Statement)
Mr A M MPONTSHANE (IFP): Madam Deputy Speaker, according to the third quarter provisional budget report for the 2004-05 financial year, personnel expenditure in provincial education departments posed the biggest spending risk to provincial education budgets and squeezed out spending on capital and learner support material in the process.
According to this same report, the biggest risk appeared to be in the Northern Cape, with 76,7%; Limpopo, with 76,4%; followed by the Eastern Cape, with 75,4% of the budget going to personnel expenditure. This state of affairs must not be allowed to continue, and we call upon the provincial departments of public works and education to allocate larger budgets and to ring-fence the budgets for infrastructural improvements where possible, so that the constitutional right of children to basic education is not compromised. I thank you.
MATHEMATICS WEEK
(Member’s Statement)
Mr B MTHEMBU (ANC): Madam Deputy Speaker, the provision of quality education that will ensure that our people are able to move out of the shackles of poverty, and basic infrastructure, providing for conducive conditions of learning, are fundamental education policies of the ANC-led government.
Monday, 5 September, till Sunday, 11 September, is National Mathematics Week. The purpose of Mathematics Week is to highlight the beauty, utility and applicability of mathematics; and also to dispel the myth that it is cold, difficult, abstract and only accessible to a selected few.
Activities around this week are designed to make it more interesting, attractive, relevant and challenging to learners and the community at large.
Mathematics Week forms the basis for social transformation in mathematics education, ensuring that the imbalances of the past are addressed and that equal education opportunities are provided for all sections of our population.
The ANC urges the learners - educators of all of us - to make use of the benefits that are generated by a knowledge of mathematics. I thank you. [Applause.]
HORRIFIC DISCOVERY AT FUNERAL PARLOUR AT UMLAZI
(Member’s Statement)
Ms N C NKABINDE (UDM): Deputy Speaker, the UDM expresses its outrage and horror at the discovery yesterday of 40 decaying corpses at an apparently abandoned funeral parlour at Umlazi. At this stage the identity of these bodies remains unknown due to the absence of records at the funeral parlour.
This situation is so horrific it defies description. We can only speculate at the sorrow and anger that the families of these people will feel once these bodies are identified, or for that matter, the horror that the neighbouring community must be feeling at this stage. It is also unclear at this stage whether all or some of these people were simply not buried, or whether more nefarious motives lie behind this saga. The police will have to determine whether these people were victims of murder.
What this sordid incident has highlighted, once more, is the fly-by-night status of many funeral parlours and similar businesses purporting to assist bereaved families. There are simply too many reckless and heartless people out there who are willing to exploit grieving families when they are at their most vulnerable.
It is part of South African tradition, across all cultural groups, to spare no expense in sending off a loved one in a proper way. The result is that funerals and related issues have become a massive, multimillion rand a month industry.
The need for this industry cannot be disputed, but no caring government can simply stand by whilst these fly-by-night businesses operate in this fashion. Hence regulation and policing of these businesses are urgently required. I thank you.
CORRUPTION AND BRIBERY IN SA POLICE EXPOSED ON NATIONAL TV
(Member’s Statement)
Mnr P J GROENEWALD (VF Plus): Agb Adjunkspeaker, die VF Plus neem met ontsteltenis kennis van die korrupsie en omkopery van polisielede by die Booysen Polisiekantoor wat gisteraand in die televisieprogram Special Assignment uitgesaai is. Die optrede van hierdie polisielede strek die hele polisiemag tot oneer. Die indruk begin by die publiek ontstaan dat die polisiemag in sy geheel korrup is, en daarom vier misdaad hoogty.
Dit opsigself is ’n belediging vir hardwerkende en pligsgetroue lede van die Polisie. Meer kommerwekkend is egter die gebrek aan optrede van die Polisie en die Minister van Veiligheid en Sekuriteit. Die VF Plus versoek die Minister om dadelik in te gryp en die betrokke polisielede onmiddellik te skors, hangende ’n verdere ondersoek deur die Polisie self.
Die hele Suid-Afrika het die korrupsie aanskou, maar sien geen daadwerklike optrede van die Minister of die Kommissaris daarteen nie. Die onmiddellike skorsing van die betrokke lede sal toon dat korrupsie nie geduld word in die SA Polisiediens nie. (Translation of Afrikaans member’s statement follows.)
[Mr P J GROENEWALD (FF Plus): Hon Deputy Speaker, the FF Plus notes with dismay the corruption and bribing of members of the Police Service at the Booysen police station, which was broadcast last night on the television programme Special Assignment. The conduct of these members of the Service compromises the integrity of the whole Police Service. The impression arises among members of the public that the Police Service as a whole is corrupt, and that is why crime is rife.
That in itself is an insult to the hardworking and conscientious members of the police. What is even more disturbing is the lack of action on the part of the Police and the Minister of Safety and Security. The FF Plus calls on the Minister to intervene immediately and to suspend the members concerned with immediate effect, pending a further internal investigation by the Police.
The whole of South Africa saw the corruption, but we have seen neither the Minister nor the Commissioner take any real countermeasures. The immediate suspension of the members concerned will show that corruption will not be tolerated in the SA Police Service.]
GAUTENG MEC HANDS OVER HOUSES TO 23 ELDERLY ORANGE FARM WOMEN
(Member’s Statement)
Mr D C MABENA (ANC): Deputy Speaker, on 28 August 2005, Women’s Month, the MEC for housing in Gauteng, Nomvula Mokonyane, caused tears of joy to flow by handing over title deeds to 23 elderly Orange Farm women, the eldest being 81-year-old Mrs Selina Pisco. Social and economic inequalities which were generated in our history by colonisation, segregation and patriarchy brought pain and suffering to the majority of South Africans, especially women.
Blacks did not own land; instead they were given a 99-year leasehold agreement. Thanks to our Constitution, which amongst other things upholds the values of human dignity, equality and freedom, the ANC-led government must be commended for upgrading tenure of the previously disadvantaged and for forcing the promotion of equality and the prevention of discrimination. I thank you. [Applause.]
CORRUPT POLICE OFFICIALS
(Member’s Statement)
Mrs S V KALYAN (DA): Madam Deputy Speaker, we regularly hear of police targeting immigrants, both legal and illegal, to extort money in the form of bribes. Last night’s Special Assignment programme showed explicit footage of police officers at Booysen Police Station, extorting money from immigrants.
It appears that corrupt police officers target immigrants in the Johannesburg area on a weekly basis to line their own pockets at the expense of vulnerable members of society. They are also failing in their primary duty to uphold the law with regard to illegal immigrants. Those officers caught on camera must immediately be suspended, pending an investigation.
The DA calls on the Gauteng police commissioner, Perumal Naidoo, to act urgently on this evidence of police corruption. The subject is now in the public domain and investigations cannot happen behind closed doors.
This investigation must not only be confined to those officers caught on camera, as the corruption reaches much further. An immediate, comprehensive investigation is the only thing that will restore public confidence in the Police.
ACCESS TO HIGHER EDUCATION
(Member’s Statements)
Mr P H K DITSHETELO (UCDP): Madam Deputy Speaker, the issue of access to higher education in our country is a challenge that we seem to attend to seriously. We have been beating about the bush as to how government is going to deal with this pertinent issue of access to quality education at tertiary institutions.
Reality points out that most needy and gifted learners will not be able to further their studies at institutions of their choice as most of these institutions have reintroduced a new form of exclusion by not allowing our learners to register through technicalities, such as paying higher entrance fees or deposits.
We are aware that the department is exploring means of increasing funding to student financing facilities. We need clear guidance and government intervention regarding admission policies. We cannot defend this situation by encouraging our learners not to pursue university education in favour of further education at institutions that were previously know as technikons. This will not solve skills shortages, but will worsen it.
Career choices are about individual strengths and abilities to succeed in chosen fields. We can only build a solid pool of skills by allowing our children to follow their dreams, and not by being channelled because of lack of funding.
We have to attend to this issue as a matter of urgency as the year is almost over. We do not want to read in the media again about financial exclusion from universities in a country like South Africa with an ugly past.
HERITAGE MONTH
(Member’s Statement)
Mr H P MALULEKE (ANC): Deputy Speaker, September is Heritage Month and, as decided last year, we continue to celebrate our living heritage. The focus this year is on indigenous knowledge systems - food, dance, music, storytelling and poetry. This particular focus is crucial to the African Renaissance project. This strengthens the campaign to reassert indigenous values that are tested and it destigmatises things African in general. We congratulate the national and provincial departments and municipalities for the co-ordination of a vast array of activities for heritage month.
The Minister released a comprehensive list of activities to the media yesterday, showing the month promises a creative explosion of talent to showcase our heritage. The ANC calls on all of us to participate fully and bring to bear all our creative support on these programmes throughout this month and the year. [Applause.]
FF PLUS MISLEADS VOTERS
(Member’s Statement)
Dr S M VAN DYK (DA): Adjunkspeaker, die VF Plus mislei die kiesers. Gedurende die laaste week in Augustus is die VF Plus in die Parlement op ’n punt van orde aangespreek dat hulle die kiesers mislei. Die agb Corné Mulder is in die Parlement daarop gewys dat hy vir tien minute die Staande Komitee oor Openbare Rekeninge se vergadering bygewoon het en nie gewag het tot vraetyd nie.
In die Parlement het hy beweer dat daar nie geleentheid is om vrae te stel oor die Oilgate-sage nie. Dit is nie waar nie. Indien die VF Plus komitees behoorlik bywoon, sal hulle weet wat in die Parlement aangaan. ’n Dag daarna het die agb Pieter Groenewald gesê dat die VF Plus teen oorlopery is en oorlopers nie welkom is nie. Weer eens word die kiesers deur die VF Plus mislei, want in die Tshwane Metroraad is ’n enkele oorloper van die NNP na die VF Plus toe ontvang soos die verlore seun.
Die agb dr Pieter Mulder het by geleentheid ’n hartlike uitnodiging gerig aan LP’s en LPW’s om by die VF Plus aan te sluit. Toe hulle ’n lid in Mpumalanga verloor, toe sing die VF Plus skielik ’n ander deuntjie. Dit is duidelik dat die VF Plus sy brood aan albei kante gebotter wil hê. Die kiesers moet hulle nie steur aan die desperate krete om oorlewing van die VF Plus nie. Trouens, die kiesers het dit reeds agtergekom, want daarom stem die oorgrote meerderheid Afrikaners vir die DA. Dankie. (Translation of Afrikaans member’s statement follows.)
[Dr S M VAN DYK (DA): Deputy Speaker, the FF Plus is misleading the voters. During the last week in August the FF Plus were addressed in Parliament on a point of order that they were misleading the voters. It was pointed out to the hon Corné Mulder in Parliament that he had attended a meeting of the Standing Committee on Public Accounts for ten minutes and had not waited until question time.
He alleged in Parliament that there was no opportunity to ask questions about the Oilgate saga. That is not true. If the FF Plus attended committees regularly, they would know what is happening in Parliament. A day later the hon Groenewald said that the FF Plus were opposed to floor- crossing and that floor-crossers were not welcome. Once again the voters were being mislead by the FF Plus, because in the Tshwane Metro Council a single floor-crosser from the NNP to the FF Plus was received as if he were the prodigal son.
On occasion the hon Dr Pieter Mulder extended a hearty invitation to MPs and MPLs to join the FF Plus. When they lost a member in Mpumalanga, the FF Plus suddenly changed their tune. It is clear that the FF Plus wants its bread to be buttered on both sides. The voters must ignore the desperate cries for survival of the FF Plus. In fact, the voters are already aware of this, that is why the vast majority of Afrikaners are voting for the DA.
Dr C P MULDER: Oubaas se honne! [His master’s voice!]
Mnr P J GROENEWALD: Jy’s bekommerd! [You’re worried.]
STRIKES BY THE WORKING CLASS
(Member’s Statement)
Mr V B NDLOVU (IFP): Thank you, Deputy Speaker. Strikes in many sectors in the country seem to have increased lately. There is no definite reason why this is the case compared to the general decrease in strike action after
- However, one of the perceived causes may be the fact that workers’ patience has worn thin after the many promises of a better life for all.
Trade union leaders seem to base their demands on researched economic facts, unlike before when their demands were wide, emotional and untested. The South African working class has waited beyond patience for the magic wand of a better life for all. Instead the country’s economy is striving for a growth of 4%, with no hope of an immediate solution.
SEA POWER FOR AFRICA SYMPOSIUM
(Member’s Statement)
Ms L L MABE (ANC): Deputy Speaker, the vision of the African Renaissance is to promote peace and security, end wars and conflict on the continent, instil good economic and political governance and fight social challenges facing Africa. In step with the vision of the African Renaissance and in the spirit of collective action, the SA Navy hosted a Sea Power for Africa Symposium. The symposium attracted naval officers from across the continent.
The symposium recognised that today Africa heavily depends on seaborne trade. Our offshore oil and gas are increasingly becoming more important resources for industrialised countries.
The African fishing resources are feeding more people in many parts of the world. The management and sustainable usage of these maritime resources become a necessity and not an option. The ANC applauds the initiative taken by the symposium to co-operate in combating maritime crimes along the coasts of the continent. I thank you. [Applause.]
The DEPUTY SPEAKER: There is an extra slot for the ANC.
ANNOUNCEMENT TO DECLARE PONDOLAND WILD COAST A NATIONAL PARK WELCOMED
(Member’s Statement)
Nksz N M MAHLAWE (ANC): Sekela Somlomo, umbutho wesizwe i-ANC izele luchulumanco ngesibhengezo esenziwe nguMphathiswa weZisingqongileyo noKhenketho uQabane uMartinus Van Schalkwyk, sokuba unxweme lwaseMampondweni lungumyezo wemveli wesizwe. Esi sibhengezo sithetha lukhulu kubemi bala mmandla waseMampondweni kuba lo mpoposho uza kubeka le ndawo yabo kuluhlu lweendawo zokhenketho kweli lizwe lakuthi.
Lo myezo wolondolozo-ndalo uzakuba neentlobo-ntlobo zentyatyambo, imithi yemvelo, nezilwanyana zasendle ezisemngciphekweni wokutshabalala ngoku. Abantu balo mmandla wase Mampondweni bayakuxhamla ngokuthi baqeqeshelwe ezokhenketho kunye nolondolozo lwendalo. Amasebe ombutho wesizwe i-ANC kula mmandla siyawabongoza ukuba asebenzisane nabahlali njengoko siqhele ukwenza. Senzela ukuba sincedisane nabahlali ukuze baxhamle amathuba adalwe sesi sibhengezo. Ndiyabulela. [Kwaqhwatywa.] (Translation of Xhosa member’s statement follows.)
[Ms N M MAHLAWE: Deputy Speaker, the ANC welcomes the announcement by the Minister of Environmental Affairs and Tourism, Mr Martinus Van Schalkwyk, that the Pondoland coastline would now be a national park. This announcement means a lot to the people of Pondoland as this area will be included on the list of tourist destinations.
This area will ensure biodiversity and will have protected flora and fauna, indigenous trees and endangered wild animals. Educational programmes will be planned and people will be trained in tourism and conservation. We ask that the ANC wards in that area consult with and convey this information to their constituencies, as they usually do. We are doing this to ensure collaboration with community members in order that they should fully benefit from the opportunities created by this important decision. I thank you. [Applause.]]
The MINISTER OF DEFENCE: Madam Deputy Speaker, I just wanted to enquire. Could we be kind enough to act on behalf of some of the Ministers who are not here?
The DEPUTY SPEAKER: Yes, that is allowed, as long as all of that is done within 10 minutes.
The MINISTER OF DEFENCE: I was worried that the opposition would complain. [Interjections.]
ALLEGATIONS REGARDING MISUSE OF PUBLIC FUNDS
(Minister’s Response)
The MINISTER IN THE PRESIDENCY: Deputy Speaker, I have been informed by the Minister of Education that the DA raised all horrid stories again. They must not abuse this time here in Parliament. If they have such a serious allegation - that we are systematically using public funds for party- political propaganda purposes, let them come and debate this matter properly, and let them write to me and make these accusations so that we can respond to them.
But this business about abusing parliamentary privilege here is a bit out of order. Do they have something to say? They have raised this before and we have told them that they did not have any evidence to show. If they didn’t want to participate in the celebrations of 10 years of freedom and democracy, it’s because they didn’t like the 10 years of freedom and democracy. [Applause.]
PERSONNEL EDUCATION EXPENDITURE
(Minister’s Response)
The MINISTER OF EDUCATION: Madam Deputy Speaker, with respect to personnel education expenditure that the member has referred to, the hon member knows that we are trying very hard to address this matter. Having succeeded in the majority of provinces to bring these costs down, we remain challenged by needing to ensure that we address both nonpersonnel and personnel expenditure much more accurately. But certainly, it is a matter that each of our provinces is attending to.
On the budgets for infrastructure, we provided significant ones. The member, as member of the portfolio committee, would know that many provinces have even underspent in this area of infrastructure. Where we have provided budgets, they have not been utilised to provide increased classrooms and other resources for our children. We have an accelerated programme where I think we are co-operating very well with the Department of Public Works. In some provinces, we still need to correct the manner in which we work together more efficiently.
Certainly, in terms of reports I got from six out of the nine provinces, we are moving well in terms of infrastructure provision and the new framework of agreement with the Department of Public Works. I agree that we will intensify our efforts. I am not sure that the ring-fencing needs to be done. It is more appropriate administratively and with other procedures that we ensure that it works effectively; and we will attend to this.
On the matter of higher education: it is not true that this government is not addressing access to it. Through this government’s intervention we are now able to support poor students who are academically able, to the amount of R1,2 billion from public finances. This assists thousands of young people who would not have had the opportunity to access higher education, indeed to do so.
It is not the view of government that Further Education and Training colleges should be the sole access point. They are not technikons, but FET colleges. What we are proposing is that we should make our FET colleges become capable of offering high-level skills opportunities, which then form a credible alternative for the young people of South Africa. Because the character of many of our former technical colleges was of a nature that just offered basic and simple level technical skills training.
The recapitalisation by government to the tune of R1,5 billion seeks to transform the FET colleges into sectors of skills development, that provide high-level, technical training to young people in our country and then begin to become a competitive set of institutions. These are the universities which are seen as the only postsecondary school training opportunity by many young people.
Let me say that our government has done a great deal to enhance accessing many more young people who would never have had an opportunity for higher education study, they can now have it through the national financial aid scheme. The government made sure that indeed the matter of upfront fees is addressed from this year – January 2005.
Through action taken by this government, for the first time young people who do not have the funding to pay the upfront registration cost - I created the mechanism with the support of government for them – can access the national student financial aid scheme for that payment. It happened this year and will continue to happen next year as well. We are attending to these matters. We are a caring government. We want to develop human resources and we are doing so successfully. I thank you. [Applause.]
FIGHTING CORRUPTION – A MATTER ON THE AGENDA OF OUR GOVERNMENT
(Ministerial Response)
The MINISTER OF DEFENCE: Madam Deputy Speaker, the issue of corruption, sometimes inefficiency of the Public Service, is a matter that is continuously being raised. On behalf of the government of the ANC, I do want to place on record that made not only we have the fight against corruption a matter on the agenda of our government. For instance, with regard to the issue in Gauteng, the MEC for Safety and Security has already announced steps that are being taken to detect and deal decisively with it whilst we are able to establish where this alleged corruption started from and the extent to which it expands.
I think that there should be no doubt whatsoever with regard to the position of the ANC government that, on this issue, the ANC is not prevaricating. The critical element in fighting this has to do with us as public representatives - national, provincial and local government - to educate the masses of the people on the ground to know how to use the instruments set out at constitutional level, so that we and them collaborate in detecting, identifying corrupt elements, and then act decisively on that.
I would like to assure the public at large, and I appeal to my colleagues in the House, both the ruling party and the opposition party, that we carry a collective responsibility on this issue of educating the masses of the people on how they can work with us to root out corruption. There are old and new elements that are being recruited in the Public Service who do not respect the provisions of the Constitution and the direction of policy. But we must act as one. On this issue South African leaders must not and cannot afford to work as a divided House. I thank you. [Applause.]
ACCESS TO HEALTH CARE SERVICES
(Ministerial Response)
The MINISTER OF HEALTH: Deputy Speaker, I’d like to thank hon Maggie for her comment on how we try as the Department of Health and the ANC to improve the quality of health care that we provide for the citizens of our country. We will continue to do so, and we are committed to doing so. For example, you know that we have made efforts with regards to ensuring the affordability of medicines of quality - medicines that are safe and efficacious.
One other tool that we are using at the moment is to develop a health charter so that we can bridge the gap between the private and the public health sectors. We have been working together with the Medical Aids Council to investigate the high costs of hospitalisation in our country with a view to significantly bring them down. And I must say the submissions that were made to us by the various stakeholders on the issue of a health charter have been very, very positive. Consultations have been inclusive and indeed we are sure that we will reach consensus around this issue.
We have just had a very positive meeting in Britain this weekend with over 250 members of the Association of South African Nurses in the UK. The vast majority of them are really looking forward to coming back to contribute in the country to provide quality health care to our people.
So, thank you very much for these comments. We will continue to do so. We are committed to transforming the health care system in our country. Thank you. [Applause.]
HERITAGE MONTH
(Ministerial Response)
The MINISTER OF ARTS AND CULTURE: Madam Deputy Speaker, Heritage Month is the time during which we celebrate our South Africaness. And we appreciate, of course, that our South African heritage is rooted in the pluralist nature of our society – a society that is pluralist in terms of race, languages, religion, lifestyles and preferences that, as stated on our national Coat of Arms, is the source of our strength as South Africans.
During this September, in addition to a number of activities at the municipal, provincial and national levels, we shall also be unveiling significant new projects, including the mounting of an exhibition of the works of 20th century African artists at the South African National Gallery here in Cape Town. We shall also be taking steps to have the kramat of Sheik Yusuf of Macassar incorporated into our national heritage estate.
In addition to mounting the second Albert Luthuli Memorial Lecture at the University of KwaZulu-Natal, national Heritage Month offers an opportunity for every South African to reaffirm that his or her identity is not understood as being in conflict with that of other South Africans or a negation of the unity of our nation. Diversity, as we say, is South Africa’s greatest strength, and it is by unity in our diversity that we actually affirm our South Africaness. Thank you. [Applause.]
Dr C P MULDER: Madam Deputy Speaker, I rise on a point of order: The idea of Member Statements is for members to bring matters to the attention of the executive and government to answer. This has not happened . . . [Interjections.]
The DEPUTY SPEAKER: I was going to speak on that matter. I know that you and Mr Groenewald were mentioned in a statement earlier on and you have no . . . [Interjections.]
Dr C P MULDER: And the member ran away. He is no longer in the House.
The DEPUTY SPEAKER: I don’t know whether he walked away or ran away, but I mean he is no longer here. I wanted to also raise that point: That is unfair for members who are not in the executive because they cannot respond on their behalf. The statement was made in the names of . . . What do we do with a member who has run away or walked away?
Dr C P MULDER: Madam Deputy Speaker, the hon Dr Pahad only used about 20 seconds of his time and I was wondering . . . [Interjections.]
The DEPUTY SPEAKER: But unfortunately it has to be members of the executive. I haven’t heard of any promotions so far. [Laughter.]
Dr C P MULDER: I know, Madam Deputy Speaker. But isn’t there any member of the executive who would like to assist that member who has attacked us on a personal basis and then ran out of the House? [Laughter.]
The MINISTER OF FINANCE: Met graagte. [With pleasure.]
Mr M J ELLIS: Madam Deputy Speaker, I think it’s just very important that we point out to the FF Plus that in actual fact they started this some time ago and that they must learn to practise what they preach.
The DEPUTY SPEAKER: Did they also run out of the House or walk out of the House? What is it that they have started?
Mr M J ELLIS: They started the whole process, Madam Deputy Speaker, of attacking other parties and so on, and they must learn to practise what they preach.
The DEPUTY SPEAKER: The hon member from the FF Plus is pleading with members of the executive to please use the 20 seconds left just to say something on their behalf.
Mr M J ELLIS: Madam Deputy Speaker, on a point of order: it’s not so much the time as a factor. They were allowed five ministerial responses. We have had five ministerial responses. Therefore Minister Manuel cannot say anything at all. It’s over.
The DEPUTY SPEAKER: I think this time Mr Ellis is correct, hon Minister. You may not say anything.
The MINISTER OF FINANCE: Is the entire party cowardly? Hon Van Dyk runs away, Ellis doesn’t want to hear the story. It’s pathetic.
Mr M J ELLIS: None of us wants to hear you. Not even your own members want to hear you.
The DEPUTY SPEAKER: Well, Mr Mulder and Mr Groenewald, I did try . . . [Interjections.] You must please go and talk outside.
DEBATE ON INTER-PARLIAMENTARY UNION TOPIC: THE IMPORTANCE OF CIVIL SOCIETY AND ITS INTERPLAY WITH PARLIAMENTS AND OTHER DEMOCRATICALLY ELECTED ASSEMBLIES FOR THE NURTURING AND DEVELOPMENT OF DEMOCRACY.
Nksz N M MAHLAWE: Ndiyabona ukuba ndixhelelwe exhukwane namhlanje. Ndizibone sele ndifunda isitatimente ndingasilendelanga. Ngoku ndizibona ndivula ingxongxo. Naleyo bendingayilindanga bendicinga ukuba ndisekugqibeleni. (Translation of Xhosa paragraph follows.)
[Ms N M MAHLAWE: I can see things are in my favour today. I found myself reading a statement unexpectedly. Now, I find myself opening the debate. And that I did not expect either. I thought I would be the last speaker.]
Also, I think there is something wrong with the formulation of this topic. I think the word that should have been used is “nurturing” not “maturing”. It should read “ . . . assemblies for the nurturing and development of democracy”.
Because so many countries have established more democratic regimes in recent years, there has been renewed interest in popular engagement . . . [Interjections.] . . . - I am not so short - in political life and everything else that relates to the way that political cultures or basic values and beliefs affect the way the state is governed. More recently, there has also been growing interest in strengthening civil society. That is from Charles Hauss.
The UN Secretary-General, Kofi Annan, shared this view in Montreal in 1999 when he said:
If the UN Global Agenda is to be properly addressed, a partnership with civil society at large is not an option; it is a necessity.
While some believe that civil society and civil culture tend to frustrate social change and progress towards a more just and equitable society, there is a growing agreement that civil society, civic culture and social capital are all important for strengthening and nurturing democracy.
There are various views in South Africa as to what civil society is. One writer says:
Civil society is a heterogeneous collection of organisations and groupings coming from grassroots initiatives, acting according to own ideas and organisational models.
Yet another writer says:
Civil society - I see it as a sector that belongs neither to the public
or private sector, but find its play somewhere in-between proving to be
vigorous and fully able to make use of the opportunities offered by the
international networks and global communications.
Whichever school of thought we may think befits the definition of civil society, civil culture and social capital are all-important for strengthening and deepening democracy.
We are told that constitutional and parliamentary democracies work best in an environment wherein the general population is well informed and able to exercise their rights and where organisations of civil society and other democratic institutions play an active role in the society.
Having emerged to represent and articulate interests of a large part of the society, organisations of civil society strengthen social forces, which provide a balance and counterweight to the powers of the state. We talk of the organisations, which include the trade union movement, student movements, churches, religious associations, professional associations and other nongovernmental organisations.
In South Africa, with intense state repression and the adoption of the 1983 Constitution, which purported to further divide and rule the black majority of our country, the liberation struggle reached its peak in the years between 1970 and 1980. This period saw the convergence of trade unions, student movements, religious groups, and nongovernmental organisations behind the liberation forces led by the ANC.
These are the periods that also saw the emergence and rise of the United Democratic Front, a mass-based - I am not referring to the new one - umbrella body which resulted from a call that was made by the leadership of the ANC for convergence and unity of purpose and action among all the organisations of civil society in advancing the liberation struggle in South Africa. This mass movement was made up of various disparate forces, which included trade unions, student movements and alternative structures of local governance that had mushroomed as a result of the unwillingness of the apartheid government to provide proper services in black areas.
As a result of the interventions of these organisations of civil society, the crisis in South Africa reached unimagined, unmanageable proportions, and apartheid became unworkable. Because of the involvement of civil society, our constitutional democracy reflects the demands of various organisations of civil society and therefore the aspirations of the population.
Even the period following the 1994 democratic breakthrough saw the influence of civil society continuing to manifest itself in the processes or formulation and development of governmental policies and in the law- making processes.
With regard to the relationship of Parliament with civil societies, one Saras Jagwanth tells us that the Constitution appears to envisage a continued relationship of co-operation between state and civil society, which relationship is premised on civil society having a crucial role to play in service delivery and policy-making with a state where similar goals of transformation and social change are shared. The relationship between civil society, Parliament and the legislature should be geared towards jointly ensuring success of governmental efforts to reconstruct and develop our society, in particular, towards the encouragement of the civil society organisations to consult with communities on the issues of service delivery and jointly to monitor realisation of the socio-economic rights.
In assuring effective oversight, which is one of the tenets of our democracy, our Parliament must intensify its encouragement of civil society to make both written and oral submissions on social issues, which adversely affect poor, marginalised communities. During this process and interaction, civil society organisations would feel fully integrated in legislative processes. Needless to mention, the relationship between organisations of civil society and Parliament should be extended to both the joint monitoring of implementation of the legislative policy of Parliament and legislatures, and the collective drawing on the experiences for future law- making.
The most disadvantaged and vulnerable sections of our society, which are trapped in the highest levels of poverty, underdevelopment and lower levels of education, are frequently the least organised in society. Hence, we require organisations of civil society that could easily access state institutions and articulate their interests. I thank you. [Time expired.] [Applause.]
Dr J T DELPORT: Hon Deputy Speaker, the topic of our debate is also the title of a report by two rapporteurs, one from South Africa and one from Sweden, which will be presented at the assembly of the Inter-Parliamentary Union in Geneva on 19 October this year. There is today a growing realisation regarding the importance of civil society. Correctly so, civil society is our Parliament’s electorate in a different form. Thus when Parliament pays heed to the views of civil society, it pays heed to its own electorate.
The report stresses an important point when it says that civil society can play its proper role only if there is, and I quote, “respect for its diversity and relative independence”.
As Afrikaanssprekende uit daardie gemeenskap wil ek van hierdie geleentheid gebruik maak om Afrikaanse burgerlike en kerklike organisasies te loof vir hul onmeetbare bydrae om skool, kerk, maatskaplike versorging en kulturele aktiwiteite in stand te hou en uit te bou.
Ek sou graag hierdie organisasies wou opnoem, maar tyd laat my nie toe om dit te doen nie. Laat ek net sê, van kunstefeeste tot tehuise vir kinders en bejaardes, van landbou tot sport, op byna elke terrein is Afrikaanse gemeenskappe in georganiseerde vorm besig om ’n bydrae te lewer. Dankie ook aan almal wat so mooi op die programme van hierdie organisasies reageer en dit ondersteun. (Translation of Afrikaans paragraphs follows.)
[As an Afrikaans speaker from that community, I would like to use this opportunity to praise Afrikaner civil and religious organisations for the immeasurable contribution with regard to maintaining and extending schools, churches, social care and cultural activities.
I would have liked to name these organisations, but time does not allow me to do so. Let me just say that from arts festivals to children’s homes and old age homes, from agriculture to sport, at almost every level Afrikaans communities in organised form are making a contribution. Thank you to all those who have responded so wonderfully to the programmes of these organisations and who support them.]
To come back to the report, it states categorically that there are certain prerequisites for creative involvement of civil society. Mention is made, inter alia, of the following: first of all, political pluralism. Of course, if Parliament wishes to stay tuned to the needs of its people, it must accept not only the fact of a constitutionally sanctioned, multiparty system but also the consequence of this concept. The consequence is that the voicing of different views is not only to be tolerated but in fact to be heard, heeded and, as far as possible, accommodated.
The second prerequisite says, and I quote, “diversity and respect for expressions that reflect different positions and approaches is needed”. The important point is that a view or position taken is not true or false, right or wrong merely depending upon the numbers that support or reject such view. If a small segment of society projects a certain view, it is for Parliament to evaluate it, view and judge it on the basis of an objective evaluation.
A third prerequisite says, and I quote, “Meaningful engagement of ruling political parties is required”. This means that a ruling party will accept the fact that they will be engaged and even confronted.
Ek sluit af met ’n paar opmerkings ten opsigte van ons eie Suid-Afrikaanse situasie. Eerstens moet die Parlement baie meer bewus word van die politiek- maatskaplike pluraliteit en diversiteit van ons Suid-Afrikaanse gemeenskap, en moet groter begrip en waardering hê vir die rol van alle burgerlike organisasies.
Tweedens moet die regerende party weg beweeg van die idee dat diversiteit net binne die ANC geakkommodeer moet word en dat slegs die aktiwiteite van organisasies binne daardie, soos hulle dit noem, “broad church of the ANC” in tel is en na geluister moet word. Trouens, om die demokrasie te dien moet die regerende party se oor méér oop wees vir die minderhede wat tot die regering ’n appél rig.
’n Idee is nie goed of sleg afhangende van die affiliasie van die outeur nie. Idees kan ontstaan en gebou word in die godgegewe intellek en gees van álle Suid-Afrikaners. Laat ons die dag bereik dat dit ook die rigsnoer van hierdie Parlement word, want dan dien ons waarlik die uitbouing van die demokrasie in Suid-Afrika. Dankie. (Translation of Afrikaans paragraphs follows.)
[I conclude with a few remarks with regard to our own South African situation. Firstly, Parliament must become much more aware of the political- social plurality and diversity of our South African community and must have greater understanding and appreciation for the role of all civil organisations.
Secondly, the ruling party must move away from the idea that diversity should only be accommodated within the ANC and that only the activities of organisations within that, as they call it, “broad church of the ANC”, have legitimacy and should be listened to. In fact, to serve democracy the ruling party should be more open to the minorities that lodge an appeal to the government.
An idea is not good or bad depending on the affiliation of its author. Ideas can originate and develop in the godgiven intellect and spirit of all South Africans. Let us arrive at the day when it serves as a guide to this Parliament as well, because only then are we truly strengthening democracy in South Africa.]
Mr G T MADIKIZA: Madam Deputy Speaker and hon members, it is trite to say that the participation of civil society in Parliament is important for the maturation and development of democracy. It is for this reason that the drafters of our Constitution specifically provided for public participation in the activities of Parliament.
Two major challenges remain, however. Firstly, the constitutional permission to participate does not necessarily translate into actual participation by civil society. Accessibility to Parliament is hampered by a lack of information among civil society role-players about the topics being discussed in Parliament and the ways in which they can participate. Often, they only discover that a matter is under discussion in Parliament when the media reports about public hearings by which time it is too late to enter the process or to properly prepare submissions.
The second and perhaps more critical question regarding civil society participation in Parliament is whether there is actually something in which to participate
The DEPUTY SPEAKER: Hon member, your time has expired.
Mr G T MADIKIZA: I thank you.
The DEPUTY SPEAKER: I am also making it very difficult for you to participate.
Mr L ZITA: Deputy Speaker, Deputy President and colleagues, I was wondering about what the hon Delport was asking us in discussing the plurality of civil society - that we must give hearings to minorities. What I’m not so sure about is which minorities he was talking about.
Does he mean the DA, which is a minority opposition? Or, does he mean the IFP, which is losing so many members that it really is becoming a minority, or was he talking about the ACDP? I’m not so sure. I’m curious to know which minorities he was talking about. [Interjections.]
In the next few weeks in Geneva the IPU will be discussing the challenge for parliaments to work with civil society. In an important intervention on this question, Monty Nasu in the popular progressive journal Work in Progress in the early 90s had this to say about civil society, and I quote:
A broad definition of civil society is that it is located between the public sphere of the state and the private sphere of the individual. Households and the individual as a citizen are part of the institutions of civil society. Party politics included is also an essential element of it. In addition, the state, as part of its coercive function, plays a major role in this arena. Public education and the state media are but two of the areas which engage civil society.
Civil society is not only about social movements. The institutions of capital are an essential part of it as well. It is thus the marketplace of economic activity, hegemonic battles, ideological skirmishes, cultural formations, resistance struggles and state interference.
It is precisely because of the complexity of the concept and the experience of civil society that there is no unanimity about its essence and purpose. There is also confusion about the words themselves. The origins of the words are German: Bürgerliche Gesellschaft, which has two translations in English: civil society or bourgeois society.
It is therefore not surprising that even some of the most outstanding analysts of the modern era, whilst agreeing on the spatial location of civil society, differ in their understanding of its essence. As fundamentally a terrain of market activity, Karl Marx saw civil society as a space of domination and exploitation.
However, his student, the Italian Antonio Gramsci, saw it not merely “as a sphere of individual needs but of organisation” and that it had the potential of natural self-regulation and freedom. But purely because of this ambiguous legacy, Alain Touraine more recently periodises the protagonist of the space for civil society. He says, and I quote:
In the struggle against absolute monarchies it was the economic actors or the bourgeoisie who defended civil society. In a society dominated by the market economy, movements to defend cultural rights are civil society’s best representatives.
What then should be the approach of the democratic parliament to the challenge of civil society? Our Parliament operates in a relatively developed society with mutually reinforcing yet contradictory impulses. There is the impulse of capitalist modernisation, a potentially progressive development to the extent that it develops the levels of development of our society.
However, the operation of the capitalist economy in the context of global maldevelopment means that our capitalism is not completely progressive and demands an alternative impulse to protect the popular classes from the violence of our maldevelopment.
In our situation, therefore, we need both the combative vigilance of Marx, the perceptive innovation of Gramsci and both the principal classes - the bourgeoisie and the working class that Touraine refers to - equally harnessed to the challenge of national, democratic transformation.
Like everything in our past we had two civil societies. There was the civil society of the dominant classes - the social world of the whites. It was the racially defined business chambers, the Rotary clubs, the whites-only churches and the racially exclusive media, etc.
In the confines of the village and the township the majority had their own experience of civil society. The majority had spaza shops, shebeens, the media, for instance Imvo ZaBantsundu, as early as the 19th century, and Drum magazine, the black theatre of Gibson Kente, choral music, trade unions, etc.
Apartheid in all its ferocity could not put out the light of civil society. It is always important for us to appreciate the broader and more textured concepts of civil society, and not only reduce the concept of civil society to societal, political relations, important as these are.
With regard to the Constitution and social organisations of political power, civil society has played a problematic, suggestive and anticipative role. There is the more recent experience of the nongovernmental organisations and protest movements, sometimes referred to as social movements. Though important, their common feature is their limited ambition. They seek to critique power, but not to reconstitute it. They are an important reservoir of alternative perspectives that we in Parliament should listen to and engage with.
However, the democratic movement that the ANC leads traverses a tradition whose understanding of civil society not only embraces but also goes beyond NGOs and social movements. It is essentially a tradition that talks about the socialisation of politics.
Civil society has, over the past 300 years, critiqued the public organisation of power in modern society. In this context we are talking about the committee participation and control of the affairs of the state.
In her book On Revolution, Hannah Arendt, in a chapter entitled, “The revolutionary tradition and its lost treasure”, traces an alternative concept of governance in which the people are at the epicentre of politics. Arendt convincingly shows that Thomas Jefferson, one of the leading American constitutionalists, argued for what he called “a division of the counties into wards”. He called for the establishment of elementary republics at a local level.
Arendt says that these elementary republics could be found in the Paris commune of 1871 and in the popular societies during the French Revolution. These were instances in which the people, not their leaders, were the mainstay of political life, something far deeper than what we have.
Arendt makes the profound point, and I quote:
Both the Jefferson plan and the French society’s revolutionaries anticipated with an almost wide precision those councils, soviets and Räte which were to make their appearance in every genuine revolution throughout the 19th and 20th centuries.
As we discuss the relationship of civil society to the people’s parliament, it is advisable that we ponder together with no greater figure than Thomas Jefferson, and ask ourselves how complete our system of democratic governance is if it is not based on and does not derive its strength from Jefferson’s elementary republics.
In undertaking this exercise, it is important that you understand that we had an embryonic Jefferson moment both in the Inkundla system of the democratic determination in the context of traditional governance in precolonial South Africa and in the experience of people’s power at the height of the 80s uprising. The street and area committees in the context of dual power of that era were nothing less than the elementary republics and soviets that Arendt refers to.
It is from this point of view that we need to start, support and improve the ward system, as well as the integrated development plans that we have established over the past five years. This Parliament needs to study the experience of the ward system and the IDPs. We need to check whether ordinary South Africans are mobilised to participate in defining the content of their development in public life in their communities, as against the present, predominant role that consultants play.
We need to evaluate the extent to which these institutions measure up to the ideal of popular governance and actual popular control of the democratic system. Only then, we, together with Jefferson, would agree that “the wit of humanity cannot devise a more solid basis for a free, durable and well-administered Republic”. I thank you. [Applause.]
Adv Z L MADASA: Deputy Speaker, I don’t have the time to indulge in a lecture like the previous speaker. The interplay between civil society organisations and parliaments is important. The commonality between these two institutions is that they are both in daily contact with the people. Together they can enhance democracy by ensuring that the government is responsive to the needs of the people.
Parliament should therefore consolidate its relationship with civil society to ensure that Parliament is friendly and responsive to the demands of civil society. For example, languages used in Parliament ought to reflect the demographics of the population. Both institutions should work with governments and ensure vigilance to corruption and abuse of power.
The ACDP would like to caution though that as much as civil society and Parliament ought daily to articulate the needs of people, they must ask these questions responsibly and avoid fostering a mob spirit of ungovernability. Thank you. [Time expired.]
Mr P H K DITSHETELO: Deputy Speaker, there is no doubt that civil society, organised movements or voluntary associations have played an important role in bringing about changes in this country. It is through civil society formations that today we are able to celebrate more than 10 years of freedom and democracy.
When most political parties were banned during the apartheid era the most vocal and localised institutions of people’s assemblies were in the form of these organisations. Most of these formations’ role and activities were not only confined to the fight for political changes, but also dealt with the fight against poverty and helping the poor overcome their daily social struggles.
The challenge to foster a healthy working relationship between civil society and the elected assemblies is for these assemblies to recognise and acknowledge the power that these formations can wield in the deepening of democracy in our country. [Time expired.]
Mr N T GODI: Deputy Speaker, comrades and hon members, it is a truism that for democracy to evolve and mature you need more than just democratically elected assemblies. There are vital, ancillary entities like organs of civil society that play a pivotal role in that evolution and consolidation.
Thus democracy means much more than the practice of electing representatives and includes the capacity of civil society to input and critique their work, put proposals, hold representatives accountable, challenge people and institutions and keep them on the straight and narrow.
Democracy requires eternal vigilance. A democracy without a vibrant and organised civil society is a process without watchdogs. Elected assemblies must view civil society as complementary to their work. A robust engagement without necessarily being confrontational is a progressive standpoint.
The challenge, especially for developing countries, is twofold: firstly, some civil society structures do not have a mass standpoint or a mass character. They are elitist entities that espouse elitist views in the name of the people and want to make the people believe that those elitist views are theirs. These entities are made up of a few people with a lot of money and connections, and they make a lot of noise.
Some civil society structures are pawns of foreign interests. They’re Trojan Horses in the broader and concerted schemes of imperialist forces’ designs on developing countries. Such structures do not help to advance democracy and should thus be rejected.
Civil society should be mobilised on a patriotic platform to hold accountable public institutions in the interest of the nation, to protect and advance the fundamental interest of the masses, and to ensure that democracy benefits the vast majority of our people and not a few. A civil society mobilised on that platform should be able to interact productively with public institutions to serve the common good of the nation. I thank you.
Ms S RAJBALLY: Madam Deputy Speaker, the MF strongly agrees with this report. South Africa as a democracy governed by the supreme law, our national Constitution, and is built on the values of democracy: a people’s government, human rights, transparency and accountability.
The people of our nation, rightfully, have access to all information and offer to partake in the parliamentary process through contributions made to us as MPs. Meetings that are open and often include interaction with NGOs have seen many of this country’s issues addressed and delivered upon.
This report rightfully acknowledges the valued contribution made to effective governance by civil society. The MF finds it a duty and incumbent upon all in the House to return to their constituencies and engage in active discussions with persons, as well as NGOs on issues pending and issues that may be coming to the House.
In this way not only are we opening up a gateway for civil and parliamentary interaction, but we may also receive valued input and direction on what the people really want. We are often called a people’s government, a democracy that exists for the people, by the people.
Further, such interactions ensure greater awareness regarding our progress. The MF supports this report by the IPU and would like to engage in more effective means to enhance interaction between Parliament and civil society. We need to make ourselves more accessible to our people. Thank you, Madam Deputy Speaker.
Mr M J BHENGU: Madam Deputy Speaker, parliamentarians around the world can and should actually enhance democracy in their countries by providing an appropriate support for civil society. Civil society has played a crucial role in the liberation movements of many countries in the entire world. This is an open area for the most oppressed because of its unique nature since it is a collection of groups and organisations built on grassroots initiative, and shaped by the free will of individual communities.
Civil society organisations are grassroots-based, nonprofit, voluntary and they pursue a social or cultural purpose that is directed at satisfying the desire of the public to benefit. They are self-governed and not directly part of the apparatus of government.
Therefore it is a concern that some formally established civic society organisations have problems with declining civic participation and a shrinking membership base. Parliament can and should play a central role as a bridge between various local civil society organisations, government, the private and business sector, and the public.
Government and parliament cannot function in a vacuum. Interaction between civil society, governments and parliaments offer many opportunities that should be utilised. An expected outcome of this is that an action started by civil society can go beyond a particular case and have a broader cultural, political, or institutional impact on society. Parliaments can play a crucial role in providing an enabling, financial environment for civil society organisations that could introduce new opportunities for collaboration and greater local ownership.
It is therefore recommended that parliaments around the world should have a responsibility to pave the way for people-oriented socioeconomic policies, which enhance the bonds of mutual trust, confidence and reciprocity among citizens.
Mr S J NJIKELANA: Madam Deputy Speaker, I must say that it is quite encouraging to hear even the other political parties expressing the importance and vitality of the interplay between civil society and parliaments. But it is also important to caution regarding the fact that people are uneasy about ungovernability and mob spirit.
I think that in the past 11 years our government, through legislation and the executive, has been able to ensure more than adequate political and economic stability. It is also good that issues such as elitist groups and the role of international donors are also highlighted.
Albeit the case, in South Africa the basic vision of achieving the objectives contained in the RDP remain valid today because the enormous inequalities that we have addressed since 1994 remain rooted in the structural legacy of the apartheid regime. Therefore it becomes clear that the developmental role of the state remains key to a meaningful transformation of any society.
To overcome poverty and inequality, promote economic development and employment can only be achieved through the landing and enabling role of the state, including Parliament, a thriving private sector, as well as active involvement of all sectors of civil society. In combination, these will lead to sustainable growth and development.
Even in his autobiography, Nelson Mandela described civil society as a mass movement consisting of several independent groups, a vital factor in the transition from apartheid to democracy and a vital factor in the process of transforming our society.
The idea of civil society has achieved considerable attention in political and development discourse over the past two decades. Even the IPU, which is going to discuss the very topic, has already addressed it at various occasions, and has emphasised its central role in broadening democratic participation, and I quote:
Whilst the existence of an active civil society is an essential element of democracy, the capacity and willingness of individuals to participate in the democratic processes, and make governance choices cannot be taken for granted. It is therefore necessary to develop conditions conducive to the genuine exercise of participatory rights whilst eliminating obstacles that prevent, hinder or inhibit this exercise.
The world’s civic society movement established in 2002 attracted about 1 000 participants who represented 500 organisations from 70 countries, a majority of whom were developing countries. The aim of this world civil society forum is to strengthen international co-operation, particularly to facilitate co-operation between civil society and the UN system, promote co- operation on civil society organisations across the world working in different fields of activity, especially developing countries and indigenous people, and consider the constitution of a permanent forum.
With regard to the Cardoso panel, which was set up by the UN regarding the relations between the UN and civil society, it was agreed that the IPU should take the lead in seeking the views of the international parliamentary community on how this relation can best evolve.
The interplay between parliaments and civil society manifest itself through general and specific political relations between parliaments and civil society. The guiding values and principles of the interplay should emphasise the importance of diversity and variations of organisational expressions of civil society in different political, national, cultural, social and religious contexts in modern societies.
The role of parliaments has become more clearly defined and presupposes the active involvement of many role-players, not the least, civil society. The role of civil society is very important, both in established and fledgling democracies. The experience in the DRC is a clear model of how active players of civil society were able to help rebuild a country that had gone through the political doldrums.
Democracy is not a static process; it is constantly changing and, hopefully, qualitatively growing. The interaction between parliament and civil society is frequently discussed in many countries as part of their efforts to refine their democracy and, in doing so, to broaden, enhance and refine the interplay between parliament and civil society. The prospects of efforts may even lead to higher levels of democracy that is highly participatory in character.
Since 1989, in Porto Alegre, Brazil, three mayors and their staff have increasingly promoted popular and innovative programmes. Participatory budgeting is the centrepiece of Porto Alegre reforms. Citizens thus take a healthy chunk of responsibility for governing the city, including deciding on practical matters such as the location of a new pavement or park. What is even more important is that the citizens become conscious of the new and better possibilities for their lives.
One index of success of the participatory budgeting process is the increasing level of participation. The number of participants in Porto Alegre grew from a few thousand in 1990 to 16 000 in 1998, to 40 000 in 1999.
Here in South Africa, the emergence of the law for traditional health practitioners was a consequence of initiatives of traditional health practitioners, traditional leaders as well as other components of civil society. The state had to respond to such a call because of the need for recognition of such practitioners, that they also had a vital role to play in health care. The reinforcement of their ethical conduct was necessary and the protection of patients’ rights and welfare was essential.
However, civil society can be threatened from different political angles and directions. The main threats are generally from repressive and authoritarian regimes that try to suppress independent movements or co-opt them into official structures. Excessive restrictions and inflexibility from the state also tend to undermine the nurturing of the interplay.
But, what about the interests of the international donors? Is it not high time they are also placed under the spotlight because the redesignation of focus of some of the NGOs, at times, through specific political agendas, tends to result in demobilisation of the very masses they claim to interact with? The debate on the accountability of civil society . . . [Interjections.]
The HOUSE CHAIRPERSON (Mr G Q M Doidge): Order! Hon members, can I ask you please to pay attention to the member who is speaking at the podium. You are all busy with your own meetings. There is not one of you that is sitting and listening. Can we please pay attention to the debate before us. This is an order on the Order Paper, so we are obliged to pay attention. Thank you.
Mr S J NJIKELANA: Thank you, Chairperson. The debate on the accountability of civil society organisations cannot be properly understood without examining several of the key trends affecting current notions of governance, democracy and public participation.
When The Economist posed the now famous question, “Who guards the guardians?” it pointed implicitly to a dramatically changed political and social backdrop in which citizen groups and movements, the guardians of political interests in many societies, have assumed a much higher profile and level of influence than ever before. These new guardians must in turn be subject to vigorous control and self-control.
I would like to caution that, at times, placing too great a faith in civil society; and vaguely defined, glossed over, important differences between NGOs, grassroots organisations, social movements and other forms of civic actions is a risk. It also ignores an array of problems inherent in local politics and social relations. However, the interaction between civil society organisations, government and parliament does also result in generating civil pride, allowing people to exercise a degree of control over actions and decisions of governments and parliaments.
In conclusion, civil society today is part and parcel of a nation acting in continuous confirmation and enrichment of the national identity and homeland values, fully participating in the processes for the development of its cultural entity, and defending the most solemn principles and interests of its ideals. The most beautiful and inspiring promise that civil society carries within its formation is the ideal and prospect of a people’s power, and empowerment of the individual citizen.
People gather their strength and act together to fulfil small and larger dreams in order to realise universal ideas and local hopes of an improved everyday life. We, the parliamentarians in South Africa and the rest of the world, must work not only to enable this ideal to be formulated but also to give it credibility.
If we parliamentarians from South Africa as well as across the world succeed in guaranteeing the freedom of action for this force, if it succeeds in offering this sector viable platform for positive initiations, then we will also help to enhance democracy in all our countries.
Whatever the actual role of civil society is at present, or should be, the reality is that civil society organisations are becoming an integral part of the primary actors in our political lives. May this Parliament then give full and active support as well to the delegation that will be going to Geneva to the 113th General Assembly next month, in October. Thank you, Chairperson. [Applause.]
Debate concluded.
STUDY TOUR TO WEST COAST OF WESTERN CAPE
(Consideration of Report of Portfolio Committee on Water Affairs and
Forestry)
Ms C C SEPTEMBER: Chairperson, Comrade Deputy President and hon members, we live in a world of inequality where abundance lives side by side with deprivation. We know that the world has enough resources for everybody to be adequately fed and clothed and to have access to basic services necessary for healthy living, safe water and sanitation.
At the dawn of democracy in South Africa, there were an estimated 12 million people or more without adequate water supply services and nearly 21 million people without adequate sanitation services. However, our inequalities have specific historic roots and our ability to deal with the services backlog is greater than that of most developing countries.
South Africa has made great strides in reducing this gross inequality. It is estimated that more than 10 million people have been provided with basic water supplies during the last 11 years. This report presents a broad picture of the capacity of the three municipalities on the West Coast of the Western Cape province visited in February this year, namely the Matzikama, the Cederberg and the Berg River municipalities.
To contribute to the successful implementation of the social contract to create work and to alleviate poverty, a key issue for the oversight visit to the West Coast was to determine how far municipalities have come in implementing projects that would ensure access by the people to basic water and sanitation, as well as other governance and finance issues facing municipalities. In addition, the report highlights problems experienced by communities in order to gain access to water and hygienic sanitation.
This is based on information that we have received from communities and relevant committees, the municipalities, Dwaf housing committees that we met at meetings hosted by the portfolio committee and onsite observations during the oversight visit.
The report is intended to provide a stimulant both to the portfolio committee, and hopefully to all of you today, as well as the relevant provincial and national departments, to provide targeted support to municipalities to enable the fulfilment of their constitutional mandate. This mandate relates directly to the objectives of government’s broad poverty alleviation programme.
The municipalities visited indicated that they were already in the process of implementing legislation, such as the Local Government: Municipal Systems Act and the Local Government: Municipal Structures Act. There are, however, challenges in the implementation of the Local Government: Municipal Finance Management Act, as well as the national water resource strategy.
There is a need for the Department of Water Affairs and Forestry to build capacity within these municipalities so that these municipalities can complete the section 78 assessments, as these assessments are an important factor for the municipalities to also complete their water services development plans.
It appears that the design of the water services development plans by all the municipalities in the Western Cape is a bit of a challenge faced by the department in the Western Cape. We were told by representatives of the Department of Water Affairs and Forestry that a study has been undertaken by Dwaf to quantify and verify water services in the municipalities.
The Masibambane campaign has, in the interim, identified a few projects to assist municipalities to assess water and sanitation issues, especially on farms and in informal settlements. The municipalities indicated that they were providing free basic services to their communities and that this was informed by the existence of an indigent policy and a register that they kept.
It therefore appears that the municipalities have made progress in their provision of free basic services - a policy adopted by the Cabinet, aimed at providing free basic municipal services to every poor household in the country. These services are often referred to as a basket of services. They include solid waste removal, water, sanitation and electricity.
Municipalities must develop the infrastructure required to provide quality and health services in terms of sanitation. Optimum use, to implement capacity-building programmes, should be made of funds that are allocated from the municipal infrastructure grant, through the ring-fencing of funds for these particular purposes.
Municipalities, in the committee’s view, also need to implement the subsidy policies for emerging small farmers, many of whom we saw on the West Coast, as it seemed that there was no existing policy in place for them at that time.
Water user associations must also ensure that farmers have equal access to water, another feature that we’ve seen during the visit. Consideration should be given to ways to provide emerging small farmers with sufficient water from the canal, as this would improve the chances of the emerging small farmers becoming commercial farmers.
Municipalities need to familiarise themselves with the national water resource strategy to enable them to identify roles and responsibilities when it comes to water provision. More efficient and effective water- management strategies should be implemented, as it would seem to the committee that the management of the supply of water to emerging small farmers is a major problem.
One of the communities we met, called the community of Ebenezer, owed the municipality about R14 000 in unpaid debt for services rendered. By the time that we met them, R10 000 of the R14 000 in unpaid debts had been paid, and this reflects the communities’ commitment to pay for their services. We want to thank the community of Ebenezer for adhering to the Masakhane campaign.
The basic problem in the distribution of irrigation water arises there through bad management. The water user association needs to establish better management systems to ensure that the distribution process remains fair and equal. The irrigation supply infrastructure there also, in our view, needs to be upgraded.
Dwaf has made progress in this regard and we are thankful that through the launch of the water allocation reform process this issue will be taken care of. Communities there have requested that the Clanwilliam Dam be raised so that the dam could store more water, in this way particular communities, like the Ebenezer community, could be supplied with water.
Dwaf and the municipalities should determine whether this is realistic. The canal itself is very narrow and if, in addition, more water flows into the canal, it can create major problems for the infrastructure there.
We are challenged with regards to basic services, in particular to farm dwellers and some families that are living on informal settlements. Some families living on farms have no sanitation and no effluent water facilities at all. In addition, a pipeline on a farm that we visited, called Nuwehoop farm, had been cut and closed off and they were denied access to water on the farm. The committee was informed that they had to walk to the canal to retrieve water for their use.
It is obviously an unacceptable situation. It is our view that we need to have a dispensation that allows farm dwellers, in particular, to also enjoy the policies government has created for water and sanitation.
As it is Arbour Week, let me say something about Arbour Week also. This Arbour Week we call on all South Africans to help us invest in our future by planting indigenous trees throughout our country. Indigenous trees are essential to the protection of the environment. We live in an arid country and we are particularly prone to droughts and erosion in South Africa.
Indigenous trees play an important role in stabilising our topsoil, safeguarding our water table and even purifying our air. In addition, indigenous trees are an integral part of the ecosystem - providing food and shelter to hundreds of species. Finally, trees are beautiful, and in a place like this it is good to be reminded of the fact that our world is a beautiful place.
This year’s Arbour Week is a particularly important one in the history of forestry in our country. It comes at a time when the forest sector is poised for growth and the opportunity within the sector exists to contribute to broad-based black economic empowerment, and is being tackled.
The forestry charter process that the Minister initiated in April this year is progressing well, and she has tasked the steering committee to provide her with a draft charter by the end of this year.
Arbour Week is also the time when we acknowledge the contribution that the forestry sector plays in the economy of our country, and it also allows us to showcase how forestry contributes to the national priorities of poverty alleviation and job creation, especially in the deep, deep rural areas of South Africa where the greatest need exists.
The oversight visit to the Western Cape has allowed us to see the need for water allocation reform. The allocation of water should therefore promote equity, address poverty, generate economic growth and create jobs.
The water allocation process must also recognise that redressing the effects of previous discriminatory legislation also provides social stability, which in turn promotes economic growth. Moreover, the water allocation process must allow for the sustainable use of water resources and must promote its efficient and nonwasteful use. Accordingly, water allocation will initially be rolled out in areas experiencing water stress.
I want to pay a special tribute the late Glen Corker who was the researcher of the committee, and who died in a very tragic accident this year. This was the last piece of work that he was able to put together for us, and we can only say: May his soul rest in peace.
We also thank the departmental officials that were with us on the trip to the West Coast and, most importantly, we want to thank the people of the Western Cape’s West Coast who so warmly accepted our meeting with them and asking them many, many questions.
We trust that this report, tabled in Parliament today, will change the lives of the people on the West Coast of the Western Cape for the better. I thank you. [Applause.]
Mev D VAN DER WALT: Agb Voorsitter, Adjunkpresident, Ministers en ander lede, die Voorsitter het vergeet om te sê dat dit baie warm was en dat die bus ook gebreek het! [Hon Chairperson, Deputy President, Ministers and other members, the Chairperson forgot to say that it was very hot and that the bus also broke down.]
The Constitution recognises that legislatures have a critical role to play in overseeing better performance by departments and public entities. The challenge facing members of Parliament and provincial legislatures is to improve the capacity of portfolio committees to hold departments and entities to account for their performance using their strategic plans, budget documents and annual reports.
Die missie van die portefeuljekomitee is om te verseker dat die doelwit uitgevoer word om aan elkeen in ons land sy reg van toegang tot skoon, lopende water en veilige, gesonde sanitasie te gee. Die toer onderneem deur die komitee het egter ook rede tot kommer vir die komitee gelewer, veral as in ag geneem word hoe sekere munisipale amptenare geskerm het wanneer daar vrae was met betrekking tot groot en ernstige agterstande met diensverskaffing in bykans al die areas wat besoek is.
Die swak, indien enige, administrasie met betrekking tot die registrasie van behoeftiges is onaanvaarbaar. Die meeste amptenare het nie eens geweet wat die kriteria is om ‘n inwoner as sodanig “behoeftig” te registreer nie.
Hoe kan daar dan enigsens voorsiening vir dienslewering aan die mense in die begroting gemaak word - en mag ek byvoeg dat geen mens as sodanig “behoeftig” bekend wil staan nie. (Translation of Afrikaans paragraphs follows.)
[The portfolio committee’s mission is to ensure that the aim of providing everyone in our country with their right to have access to clean, running water and safe, healthy sanitation is carried out.
However, the tour undertaken by the committee also gave the committee cause for concern, especially when taking into consideration how certain municipal officials became guarded when questions were asked relating to huge and serious backlogs in service delivery in nearly all the areas visited.
The poor, if any, administration with regard to the registration of the indigent is unacceptable. Most officials did not even know what the criteria were for registering a resident as so-called “indigent”.
How, then, can any provision be made in the budget for service delivery to the people, and may I add that no person wants to be known as being so- called “indigent”.]
In my days as a councillor, I warned the ANC that if not planned, funded and managed extremely well, the IDPs are likely to stay wish lists in Christmas stockings.
On this tour it was clear that there is a serious lack of funding available to implement priority projects and project management skills within municipalities.
Met die toekenning van die nuwe munisipale infrastruktuurfonds behoort die munisipaliteite hul infrastruktuur drasties te verbeter en uit te brei, mits die fondse korrek bestuur word.
Die invordering van dienstegelde moet drasties by al die munisipaliteite verbeter om sodoende die uitbreiding van dienslewering aan meer gebiede te verseker.
Vanweë die droogtetoestand kry al die boere in hierdie area werklik swaar. Inderdaad moet daar indringend aandag gegee word aan die nood van opkomende kleinboere sodat hulle ekonomies houdbaar kan boer.
In Lutzville maak die kleinboere gebruik van munisipale water, wat bykans dubbel die koste is, omdat daar nie vir hulle in ‘n kanaalstelsel voorsiening gemaak is nie.
Groot dank en erkenning moet egter uitgaan na die boere in die areas wat reeds daar betrokke is by die gemeenskappe om hulle te voorsien van kennis met betrekking tot boerdery, die verskaffing van water deur middel van boorgate, ens. Dis deur hierdie aksies wat ons werklik saam vorentoe sal kan beweeg.
Wat egter vir my onaanvaarbaar is, was die aksies deur die ANC om mense doelbewus uit hul kulturele omgewing te neem en in ander provinsies te plaas ter wille daarvan om polities te kan oorneem. En geen wonder dat daar tereg by so ‘n vergadering deur die gemeenskap aan u gewys is: (Translation of Afrikaans paragraphs follows.)
[With the allocation of the new municipal infrastructure fund, municipalities should be able to improve and extend their infrastructure drastically, providing the funds are managed correctly.
The collection of service fees should drastically improve at all municipalities, in so doing to ensure the extension of service delivery to more areas.
Due to the drought situation all the farmers in this area are truly suffering. Indeed, attention should be given in great detail to the plight of emerging small farmers for them to become economically sustainable farmers.
In Lutzville the small farmers are making use of municipal water, which is nearly double the cost, because provision has not been made for a canal system for them.
Many thanks and recognition should, however, go to the farmers in the areas who are already involved in the communities by providing them with knowledge with regard to farming, supplying water by means of boreholes, etc. It is through such actions that we will truly be able to move forward together.
However, what was unacceptable to me were the actions by the ANC deliberately to take people from their cultural environment and to place them in other provinces in order to take over politically. And no wonder that, rightly so, the community pointed out to you at such a meeting:]
“You put us here for the vote, but left us without anything.” En soos ons in Afrikaans sou sê, “Boontjie kry sy loontjie”, maar in die geval, Minister, werk ons met mense se lewens.
U het mense uit die Oos-Kaap aangery om hier in haglike omstandighede te kom woon, weg van hul eie kultuur en taal, met beloftes van werksgeleenthede, behuising en dienste. Wat u inderdaad bereik het, is om die mense wat sedert geboorte daar woon, te ontneem van werk wat dikwels net seisoenaal is, en nou word hulle laaste op die behuisingslys geplaas en laaste van dienslewering voorsien.
Ek sluit af deur te sê water is lewe, en sanitasie bring waardigheid. Dankie. [Applous.] (Translation of Afrikaans paragraphs follows.)
[And as we would say in Afrikaans: “Every dog has his day”, but in this case, Minister, we are dealing with people’s lives.
You brought people from the Eastern Cape to come and live here in dismal circumstances, away from their own culture and language, with promises of job opportunities, housing and services. What you did achieve, however, was to deprive people who have lived there since birth of work that is often only seasonal, and now they are placed last on the housing list and provided with service delivery last.
I conclude by saying that water is life, and sanitation provides dignity. Thank you. [Applause.]]
Mr M W SIBUYANA: Chairperson, hon members of Parliament, the report of the Portfolio Committee on Water Affairs and Forestry on the West Coast of the Western Cape is a clear and true reflection of what we saw, observed and heard from the different stakeholders.
Prophet Jeremiah expressed his grief at his people’s suffering when he said, “The harvest has passed. Summer is at an end, and yet we are not saved.” It remains a stark reality in so far as service delivery by public representatives in many municipalities is concerned.
I ntiyiso leswaku khume ra malembe ya demokhirasi ya fikile. Nakambe i ntiyiso leswaku ma hundzile, kambe vaaka-tiko va ha ri ku vileleni. A va na mati na mintirho, va pfumala na swihambukelo. Hakunene i ntiyiso leswaku ririmi i xongela n’wini.(Translation of Tsonga paragraph follows.)
[It is a fact that 10 years of our democracy has came and passed. It is also true that our communities are still complaining. They do not have water, jobs and sanitation. It is also true that people take pride in their languages.]
Mr H P CHAUKE: Chairperson, on a point of order . . . [Interjections.] I did not cross the floor yet, and I will never cross the floor.
I want to say that it is not correct for a member to tell Parliament lies, when speaking in Xitsonga, as if we cannot understand that. What he said is really not correct, and he must not continue telling these lies. There is a public broadcaster that shows these things.
The HOUSE CHAIRPERSON (Mr G M Q Doidge): Hon member, we will have a look at the Hansard, and rectify it if it needs to be done. Please proceed, hon member.
Mr M W SIBUYANA: Chairperson, if what I am saying is not true, let him tell me that he understands Xitsonga. Let him tell me that what I am saying is not true.
Mr A M MPONTSHANE: Chair, is it parliamentary for the hon member there to say to another member that he is lying?
The HOUSE CHAIRPERSON (Mr G Q M Doidge): No, I don’t think that is what he said, but I am going to ask the member at the podium to stick to the debate. [Interjections.] Order! I did give a ruling that I’d look at Hansard and come back if necessary. If necessary. If it’s not necessary, there will be no response to the House. I am appealing to the hon member at the podium to proceed with the matter before the House.
Nkul M W SIBUYANA: Inkomu. A hi mina ndzi faneleke ndzi rhwala nandzu wa lava va nga swi tiveki ku vulavula tindzimi ta van’wana. Kumbe va nga sola laha va tswariweke kona ni ku pfumala ka vona vutwisisi bya tindzimi.
Leswi ndzi swi vulavulaka i ntiyiso. Vaaka-tiko va hava mati, a va na mintirho, va pfumala na swihambukelo. Hakunene ririrmi i xongela n’wini. Leswi komiti yi swi vonaka ni ku swi twa, swi hambanile kule . . . Nkarhi wu herile.
[I should not be held responsible for people’s failure not to speak other languages. Perhaps they should lay the blame squarely on the environment in which they were born for their lack of understanding of other languages.
What I said is very true. Communities do not have water, jobs and do not have sanitation. It is a fact that people take pride in their languages. What we as a committee see and hear is different from … [Time expired.]]
Ms S N (Sylvia Nomatamsanga) SIGCAU: Chairperson and hon members, the study tour by the portfolio committee was a reminder of the scarcity of water in our country.
The West Coast of the Western Cape had, at that stage, been in the grip of a severe two-year drought. By all accounts, the past winter was not promising, despite some late rain in the past month.
The committee attended to a multitude of water-related issues during the tour, covering both the social and economic impact of water and sanitation provision. The overall impression that one was left with after the study tour is of a region fighting a constant battle to access water for all its needs. It was amply evident that municipalities are struggling with water provision on various fronts, including capacity, financial management, IDPs and infrastructure in all these respects.
The UDM supports the report’s recommendations for improved assistance and monitoring of municipalities by the national Department of Water Affairs and Forestry.
The other undeniable reality that the committee experienced was the impact of the water shortages on the economy of the region, which is closely linked to agriculture. It is especially the smaller and emerging and farming communities who are suffering. Government assistance in this regard is imperative, because the economic and social toll that the drought is taking is quite devastating. Thank you. [Time expired.]
Dr S E M PHEKO: Chairman, the PAC supports the report of the Portfolio Committee on Water Affairs and Forestry on the oversight visit to the West Coast of the Western Cape.
Since I have one minute in which to speak, I simply want to state that the portfolio of water and forestry plays an important role in our country. Water, like land, is life. All living things, including human beings, animals and plants, cannot live without water. Many industries would also not exist without water. Water is rapidly becoming scarce throughout the world, but the added danger to this in modern times is privatisation of water.
Water, once a resource obtained free by all, rich and poor, is now increasingly privatised and commercialised for profit. Corporations seize this water scarcity as a huge money-making opportunity. They see water as the new oil. Unfortunately, the government’s policy of privatisation and prepaid water meters dances to this tune of making water unaffordable for the poor. [Time expired.]
Mr R B BHOOLA: Thank you, Chairperson. The MF acknowledges our hon President’s undertaking in the state of the nation address, that by 2009 all households will have been provided with easy access to clean running water. By December 2004 ten million South Africans will have clean potable water. During 2004 more than 300 0000 households will be provided with basic sanitation. The programme to ensure easy access to clean water for all the households within five years will also help in fighting against cholera and other water borne diseases.
Reality is that we cannot survive without water, and it is incumbent upon us and our duty to ensure that our people have access to clean, potable water. The MF firmly supports the hon President’s undertakings. The findings in this report are of great concern. The MF acknowledges that the portfolio committee needs to conduct another oversight visit to these areas to properly evaluate the situation and thereby make the necessary recommendations. The MF further acknowledges the constraints placed on municipalities in delivering. We feel that this needs to be earnestly addressed. Finance for such delivery needs to be prioritised. The MF thanks the portfolio committee for an eye-opening report. I thank you.
Mr B G MOSALA: Chairperson, hon Deputy President, a key objective of the oversight visit was to ensure that municipalities on the West Coast of the Western Cape are answering the call of the President for the roll-out of free basic services in relation to water and sanitation. It is through such services that the government seeks to reduce poverty and to restore human dignity to poor urban and rural communities. This is extremely significant due to the decades of neglect by the apartheid government.
We must applaud the policies of the government that put people first, by ensuring that there is an equitable distribution of resources and that the basic needs of people are addressed. The visit reveals that whilst there are huge challenges faced by municipalities, the political will to overcome them exists. Some of the challenges are deliberately created by commercial farmers who deny small emerging farmers, mainly black, of their right of access to sufficient water to irrigate their plots. This we found in the Lutzville area.
The report has highlighted several recommendations with regard to how and why it is important to redress the lot of the emerging farmers. The recommendations also accommodate the reality that there is a scarcity of rainfall on the West Coast. In the past, Dwaf was the main financier of water infrastructure, as well as operational and maintenance costs. This responsibility has shifted to local authorities. The role of Dwaf remains that of monitoring to ensure that water and sanitation projects are sustainable.
Our visit revealed that Dwaf officials in the Western Cape are playing this role. We can only observe that they must ensure that all parties are treated uniformly. Dwaf must become more vigilant in it’s operational processes, especially when it comes to providing communities with access to water and sanitation. The committee’s visit to Khayelitsha, an informal settlement in the Cederberg municipality, brought us face to face with some of the challenges that municipalities have to contend with.
The water and sanitation problems of this area need to be prioritised. The commitment that we have from the municipality gives us hope that service delivery will be accelerated.
Batho ba ha bo rona ba ntseng ba eso fumane ditshebeletso ka botlalo, ba be le mamello. Mmuso o ke ke wa ba lahla, etswe mmuso ona o ikemiseditse ho phethahatsa ditokelo le ditlhoko tsa baahi bohle ba naha ena ya ha bo rona, Afrika Borwa eo re e ratang.
Batho ba ha bo rona ba tseba moo re tswang teng tebe tebeng ya kgethollo e re baketseng mathata ana kajeno. Ha re tshwaraneng ka matsoho re beng ngatana nngwe ho ya fihla moo re yang teng, eleng tokolohong e phethahetseng. Ha re beng bahlodi bohle ntweng ena. Dinokwane tse le nanarelang le masiu di le jwetsa hona le hwane, ka ditshebeleso tsa mmuso, le di bolelelle hore lefapha la metsi le meru le ntlafaditse maemo a phepelo ya metsi metseng le metsaneng ya rona. (Translation of Sotho paragraphs follows.)
[We implore our fellow citizens who have not received all the necessary services to have patience. The government will not abandon them because it is committed to meeting the needs of all South African citizens.
Our fellow South Africans are well aware of our dark past of discrimination, which is the source of the problems we are facing today. Let us unite and work together until we achieve our goal, that is, full liberation. Let us all be triumphant in this war. Tell those nocturnal criminals who walk about at night misleading you about government services that the Department of Water Affairs and Forestry has improved the standard of water supply in small towns and villages.]
This visit, and many more that will follow elsewhere, will continue to strengthen our resolve to improve the water and sanitation status in the country. The ANC-led government is fully capable of fulfilling this role.
Swak administrasie, agb Mev Van Der Walt. [Poor administration, hon Mrs Van Der Walt.]
You quote your days as a councillor; you failed to recognise the commitment that those municipalities out there have to deliver quality services to our people. It is not true that the ANC has bussed people to those areas, what is true is that those people have been put there by the very commercial farmers. They went there as seasonal workers. Those farmers never provided housing for them, they were left to rot there. The municipality has embraced those people and, under very difficult conditions, they are doing their best to provide them with basic sanitation and water.
You come here to Parliament and you tell the whole world that the ANC brought people there for the vote; it is not true and you know it. It is not true! [Interjections.] You are one of those people who feel and believe that the Western Cape belongs to certain people and not to others. [Interjections.] You must be told today that you are wrong in your assertion, you apparently have not changed and this democracy is having a very minimal impact on you. It is not true what you have been saying about the ANC.
This committee will continue to do what is best for the people of this country, and we need to support it fully. Water is life; it is not important for cheap politics in this debate because we are talking about a commodity that is so important in the lives of our people. Water is life; yes, indeed, it is life. And the portfolio committee for Water Affairs and Forestry will continue to do what is best in spite of the likes of you. Thank you. [Applause.]
Mr C M LOWE: Chairman, thank you very much, indeed. On a point of order, I wonder if it’s parliamentary to call the hon member of my party a cheap woman.
The HOUSE CHAIRPERSON (Mr G M Q Doidge): That did not come from the podium, hon member.
Mr C M LOWE: Chairperson, no, it came from one of the hon members sitting over there, and it was quite distinct to a number of people here, and I wonder if you’d ask him to apologise and withdraw that comment. Thank you.
HOUSE CHAIRPERSON (Mr G M Q Doidge): Hon members we must appeal to you. You are hon members. If any of you did say that, we would like you to approach the microphone and withdraw the remark.
Hon members, I’m appealing to you, please approach the microphone and withdraw that remark. I must warn hon members … Order! I must warn hon members that that’s unparliamentary, and we shouldn’t be making remarks of that nature about other hon members. I heard the remark but also can’t say where exactly it came from, but the remark was made.
Mr C M LOWE: Hon Chairman, I would just like to thank you for the intervention; it’s a great shame that the person isn’t man enough or woman enough to own up. But thank you very much.
The MINISTER OF WATER AFFAIRS AND FORESTRY: Chairperson, I hope I won’t lose time to this activity that has been going on.
I am quite grateful to the member who was last on this podium for responding to the hon member over there. I really got confused when she started speaking about removals, forced removals and the ANC being responsible for that, because I know for a fact that we do not have such policies, as the ANC government. But also, I wish she could have done her homework in terms of finding out for how long that settlement has been there, because it looks like her facts are not correct. How long has it been there, who was responsible for establishing such a settlement there and what has been the situation in terms of the services that should be given to those people?
If you had done that homework you would have known that this is part of the legacy of apartheid and we are cleaning up that mess. We are very committed to cleaning up that mess because it is our people who are affected. I am sure you would have known that. That is why we are struggling. That is why municipalities are struggling. It is because of the extent of the mess that was left by the apartheid government.
I must say that we are thankful for this opportunity to engage with the portfolio committee on the report before the House in the spirit of the executive being held accountable to Parliament, and also in the spirit of co-operative governance.
This day also marks the end of Arbour Week where we have been promoting the planting of trees and the greening of townships; again cleaning up the mess of the apartheid government according to which the dusty townships were for blacks to live in, whereas the greener, better-environment areas were for whites to live in. That was the situation and we are redressing that situation.
That is why you find that in our townships the value of our houses is much lower than the value of houses in the suburbs. That is the situation, that is the fact and we are beginning to redress that. By sharing this information gathered from your meetings, as the portfolio committee, with the Matsikama Municipality in Vredendal, the Cederberg Municipality in Clanwilliam and the Berg River Municipality, you are creating the platform to evaluate to what extent the delivery departments are providing the necessary regulation and support to the other spheres of government.
It is the duty and responsibility of local government to provide the necessary basic services for communities to lead healthy lives. As your report indicates, our role as national government is to monitor and ensure that government is able to serve and, above all, we are committed to serving the poorest of the poor.
I must say that some of the speakers have highlighted that there is a problem of capacity in municipalities. That is a fact. As we by now know, 138 have been identified as municipalities that have a problem of capacity under the Project Consolidate programme and we are beginning to address this as the departments involved in the delivery of basic services.
As the Department of Water Affairs and Forestry, we are making sure that we will be monitoring and regulating the activities of municipalities, given that we are the sector leader in the water area. So, we have just adopted three strategies that will look into giving support, developing the institutional capacity, as well as regulating the municipality in the delivery of water services.
The recommendations that you are making in your reports are practical and, indeed, there are steps that have been taken to implement some of the recommendations.
There is good progress with regard to developing a framework for a policy on indigency. It is surprising to hear the hon member saying that the officials do not know what an indigent person is. I think by now almost every South African knows that if anybody is earning below R1 200 in any household, that household falls under the indigent category. Everybody knows that. It is surprising to hear that there will be officials found wanting, because that is common knowledge.
This is collaborative work involving the Department of Provincial and Local Government, Salga, as well as ourselves. But also, with regard to the issue of the delivery of water services on private land, we are establishing a policy. It is still in a draft stage following concerns that farmworkers do not have access to these basic services. I think it is a point that was raised by the chairperson of the portfolio committee. Of course we are aware and are dealing with the matter in the manner in which I have alluded to.
The department does have officials with expertise to assist municipalities to complete the water service development plans and their IDPs. Indeed, we are going around the country to all the provinces and holding water summits. We are also visiting municipalities and localities under Project Consolidate to look at or to have first-hand experience of the capacity problems that municipalities are facing.
At the summit we looked at other things such as analysing the national water resource strategy and from there we assist the municipalities to determine what water and sanitation services can be provided. The technical data is there and it is a matter of applying it, which we are doing.
The Water Resource Strategy is also a blueprint in terms of available water for emerging farmers. We invited the portfolio committee to a number of izindaba that the department had held recently on water sector reform and on water allocation reform. And, in due course perhaps, the committee will propose a motion so that we can have a full debate in the House on the implications of the changes happening within the department. I assure you that I have listened to all of these contributions and we take them very seriously. We appreciate your oversight role and surely we will ensure that they find their way into our policies and our strategies.
I must say that on the question that was raised about a certain area not having access to clean water and sanitation because this particular group speaks a certain language; surely, there is no way we as the ANC government can support such an approach. The reality of the situation is that no developing country has ever delivered at the rate we have. We have given access to water to 10 million people over 10 years and I do not think that it has happened anywhere else in the world. That is why South Africa is hailed internationally for this particular achievement.
It is a fact that we have 3,8 million people that still do not have access to clean, potable water, and government has committed itself to deliver clean, potable water to all South Africans by 2008. I have no reason to doubt that we will be able to deliver on this, given the rate at which we have been delivering.
I think it is not correct to say people are discriminated against because of their language. The reality of the situation is that the 3,8 million, which is a backlog, is spread all over the country. I wish to categorically say to this member that it is just not possible that we can discriminate, especially with regard to basic services, which are there to ensure that we reduce poverty for all South Africans, especially the poorest.
So, those who do not have access to water now, certainly we will be giving them that access; by 2008 all South Africans will have clean, potable water. We still need to do more with regard to the delivery of sanitation and I hope to get more clever ideas from this House.
Thank you very much.
Debate concluded.
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: I move that the report be adopted.
Motion agreed to.
Report accordingly adopted.
COMMONWEALTH ASSOCIATION OF PUBLIC ADMINISTRATION AND MANAGEMENT 10th
ANNIVERSARY BIENNIAL CONFERENCE
(Consideration of Report of PC on Public Service and Administration)
Mr R S NTULI: Chairperson, hon members, I wish to express my gratitude for the opportunity afforded to me by Parliament and the DA to attend the Commonwealth Association of Public Administration and Management 10th Biennial Conference in Singapore.
The theme of the conference was “networked government”, and focused on three subthemes that progressed concurrently. The first was “many agencies, one government,” which focused on the public service as a learning organisation, a lean and efficient bureaucracy, and citizen-centred service delivery.
The second subtheme was “engaging citizens”, and focused on building capacity for efficient engagement and partnership with stakeholders. The third was “networking beyond borders”, which concentrated on partnership with international organisations for servicing and building a globalised citizenry.
The prelude to the conference was a workshop to allow participants to share views on the results of a survey that Capam conducted to determine why governments embark on new organisational and service delivery arrangements. This workshop, in many ways, shaped the discussion of the conference, and gave delegates a sense of direction and context of things to come.
The workshop reflected on the survey results emanating from findings of research experts from Australia, Canada, Ghana, India, Jamaica, Malaysia, Malta, New Zealand, Singapore, South Africa and Uganda; clearly, it was a very representative sample.
The conclusions of the survey, among other things, indicated that public servants are the key change agents in dealing with organisational change and social delivery, followed by politicians and development agencies. The report also mentioned that countries that are undergoing societal transformations are faced with challenges such as the need to increase capacity to deal with such changes.
In order to do so, it is necessary that they implement best management practices and activities, to facilitate the necessary social delivery through proper networking with civil society and business. This also calls for prudent management of scarce material and financial resources.
The observations and findings of the Capam survey have a lot of relevance to our situation in South Africa. I intend to dwell on those without elaborating on what transpired there. We need to pay attention to many challenges, and our challenges include the following: building on the legislative framework, management systems, political ethos and practices as well as political formulations of the public service since 1994; isolating and dealing with cases of resistance to change and nonconformity to current legislation and practices, especially corruption; and strengthening human resource capacity and management competence at all levels, in particular provincial and local levels, given the fact that the last two levels are at the coalface of delivery. Incompetence at these two levels in some provinces, as we all know, and in many municipalities, has caused a lot of conflict, protest and civil disobedience.
Local government capacity development has moved to the centre stage simply because it is at the coalface of service delivery, and also because the majority of municipalities, especially outside the metro areas, are dysfunctional, as has been noted even today. This is largely because their municipal managers lack necessary competencies and also because of inadequate financial resources and plain financial mismanagement and corruption.
It is therefore heartening and commendable to note that the SA Management Development Institute, Samdi, is soon coming on board. Samdi, in partnership with the Department of Local Government, will formulate a joint capacity strategy.
The sooner these things are done and then effectively implemented, the better for our country. Related to this is the need for an accelerated programme for the development of basic skills, given the fact that the Public Service is the largest employer with the largest number of employees at low-skill level. Hence we need to embark on an extensive Adult Basic Education Training, Abet, programme to ensure basic literacy throughout the public sector.
Capacity-building through massive Abet programmes at this level will contribute to improvement of government capacity and productivity, and will also impact on social inclusion.
Above all, we need to improve tremendously the quality of education in our schools, so that FET and higher education institutions have a bigger well from which to tap learners to our senior institutions of education. Only in that way can we build a better and more efficient Public Service and stronger economy.
We also need to find a way of accelerating the pace of having more mathematics and science teachers, because the lack thereof also impedes our developing a stronger Public Service and stronger economy. Related to that we also need innovative ways of limiting the brain drain of our scarce human resource. I am aware that this is a very difficult task, given the fact that First World countries have the financial ability to poach our professionals and technical, scarce resources. Thank you. [Time expired.][Applause.]
Dr U ROOPNARAIN: Thank you, hon Chairperson. Hon members, the report on Capam is pertinent, as it raises a number of important challenges for Public Service delivery.
It is universally acknowledged that an efficient Public Service is central to good governance and sustainable development. The heart of the conference focused on engaging citizens or networked government.
It is evident that democracy is not just about citizens exercising their rights, their freedoms, and their responsibilities. We know that citizens want to have a say in public policy, they want to know what’s happening. This filters down into consultation and participatory governance. Apart from being a connecting government, government has to be responsive to the needs of its people, and government has to be responsive to the needs and expectations of its citizenry.
Chapter 10 of our Constitution is quite clear on the principles of Public Service, transparency and accountability. Citizens are increasingly unwilling to accept government services that are deemed substandard, and what they basically want is hassle-free service. They want service that is fast; they want service that is efficient and effective. This means that public servants need to live up to the principles of Batho Pele.
There is now an even greater demand for customer focus, service charters, and customer feedback than ever before. Engagement is not just about government informing the public about what it is doing, but it is about making the public part of policy making, decision-making, and the implementation process. Coupled with this, public servants need to develop the right capabilities. There must be no room for complacency.
Public servants need to be reminded that they are there to serve the public rather than themselves. Also, they need to be responsive. What we need is more customer-centric services, because often too many telephone calls go unanswered; very often, waiting queues are too long and sometimes people have to interface with very rude public servants.
It is a well-known fact that red tape bogs down implementation, stifles creativity, causing unnecessary frustration to its citizens. The political, administrative interface is important, as communication is often a challenge for public servants. In addition to this, public servants need to become the social capital of this country.
What was clear in the report is that networking is crucial, and networking cannot be seen in isolation. Also emanating from the report was the fact that the public sees government as one, and therefore seeks simplicity when interacting with it.
The report is quite short, it is just two pages long, but on the website there is an interesting quote, which I would like to use to end my speech:
Principles are empty words, unless public officers believe in them, share them across agencies, and translate them into policies and practices.
The IFP adopts the report. Thank you.
Mr G T MADIKIZA: Chairperson and hon members, the 10th Anniversary Biennial Conference of the Commonwealth Association for Public Administration and Management had three important themes on the agenda, and these were: firstly, improving the Public Service to become a learning organisation, citizen-centred and unbureaucratic; secondly, enhanced engagement with the citizens; and, thirdly, providing public servants with international contacts and perspectives.
There is no doubt that the bureaucracy associated with the Public Service remains one of the single, biggest obstacles to effective service delivery. The Public Service is far too often a maze of strange, complicated forms and long queues that baffle the average citizen. When one has reference to our history and the unfamiliarity of the majority of our citizens with the concept of Public Service, it is even more important to reduce the red tape and complications. It means that we must constantly be pursuing a Public Service with more helpful public servants and simplified processes.
Access to the Public Service is technically open to all but, in practice, the frustration of the process translates into inaccessibility. As we address this issue, we also discover that it addresses the second theme of the conference, namely enhanced engagement of citizens, which, in turn, brings us to the third theme of the conference, and that is, the international sharing of experience.
We should not be too proud to admit that there are many things that we can learn from our partners in the Commonwealth and in other international forums. We do not need to reinvent the wheel; we can learn from the mistakes of others, as well as from their successful innovations. We would therefore support the report’s recommendations of greater interaction and participation in the activities of Capam. I thank you. [Time expired.][Applause.]
Mrs C DUDLEY: Chair, the ACDP welcomes the initiative to enhance the functioning of our Public Service institutions. We believe that networking with foreign civil service institutions holds significant implications for the transfer of skills and knowledge and the comparison of operating procedures.
We do, however, issue a word of caution in this regard. One has to bear in mind that each country is faced with unique challenges and dynamics. It is therefore not feasible to simply copy the methods of external organisations without taking into account the practicality and sustainability of implementation in South Africa.
It is our recommendation that the Public Service should view our citizens as esteemed and valuable clients. This will ensure that people are treated with dignity and respect and that a commitment to service excellence is displayed at all times.
Service delivery across public institutions has been slow and ineffective. One of the major contributing factors is the lack of synergy within and across departments. For example, land reform benefits have had little or no impact on subsistence farmers in rural areas who are suffering from Aids. It has been reported that the relevant departments have not displayed the ability to co-operate and communicate in such a way that health policies and interventions are closely linked with the land reform process.
Computer technology - of course, technology systems - provide the best solution for uniform and rationalised operating procedures and communication, and it is encouraging to note that the Commonwealth Association of Public Administration and Management places emphasis on advanced information systems technology.
The Public Service cannot function as a truly citizen-centric institution without active engagement with civil society. In the same way that large corporations need to know that they are meeting their clients’ needs, the Public Service must engage in two-way communication with the communities they serve.
Civil society contributions are generally taken into account with regard to parliamentary portfolio committees, and the same level of engagement must take place between civil society and Public Service institutions. It would be worthwhile for the South African delegates to Capam to review and enhance the existing means of communication. I thank you. [Time expired.]
Mr R B BHOOLA: Chairperson, the MF thanks the Portfolio Committee on Public Administration for participating in this conference and bringing home important issues that humbled us in how we carry out our duties. We were amazed by the findings of the Commonwealth Association of Public Administration and Management, Capam.
The MF acknowledges the vital role public servants play in our democracy, and finds Capam’s finding that public servants are the key change-drivers in dealing with organisational change and service-delivery arrangements before politicians and international development agencies to be very enlightening. We also find it necessary to pay attention to the challenges related to South Africa and to apply means to beat these challenges.
The MF agrees with the portfolio committee that government should humble itself in terms of self-praise and competitive attitudes at such conferences, as fruitful and co-operative engagement or discussion between participants would pave the way to being exposed to fresh ideas and new ways that may assist our personal journey to have the best government for our people.
The MF thanks the portfolio committee for this informative report, and supports the signing up of individuals and organs to Capam and the benefits it provides. I thank you.
Mr N E GCWABAZA: Hon Chairperson and hon members, the principal motive for convening the Capam conference was to facilitate and enhance co-operation between and within member states through the exchange of experiences among the extensive network of elected and appointed public officials, academics and representatives of non-governmental organisations and the private sector.
The central theme of the conference was “networked government”. There were three subthemes, namely “many agencies, one government”; “engaging citizens”; and “networking beyond borders”. On the first subtheme, the focus of the discussion was around three areas: the Public Service as a learning organisation, unbureaucratic bureaucracy and citizen-centric service delivery.
Secondly, on “engaging citizens” the conference discussed how capacity should be built for enhanced engagement, building partnerships with stakeholders and citizen-centric service delivery. Thirdly, “networking beyond borders” concentrated on networking with international organisations, equipping officials for international discussion on public administration and management, and serving a globalised citizenry.
When we dealt with the question of “many agencies, one government”, we explored ways in which government could collaborate with different agencies in delivering services, and yet maintain a coherent network of delivering integrated customer-centric services. For this to happen, it is important to develop values, structures, systems, processes and tools to encourage networking, collaboration and the sharing of knowledge across the agencies. Also, Public Service officials should have the necessary competencies to build a shared understanding and a shared purpose.
The conference recognised further that the more government delivers, the more the citizens expect. They expect delivery to be done quicker and more efficiently. Such expectations necessitate that governments make use of agencies to meet the citizens’ expectations. If we acknowledge that the Public Service is a learning organisation, then we must ensure that an institution, in our situation Samdi, continues to improve the role it plays in skills development interventions and in the advancement of learning in our Public Service.
The debate on engaging citizens highlights the need for governments to keep contact with the electorate. It is about giving information; it is about consultation with the citizens. It is about ensuring that the citizens participate in policy formulation and legislative processes, in decision- making, in budgetary processes and in service delivery.
Our own Minister for the Public Service and Administration, Comrade Geraldine Fraser-Moleketi, demonstrated at this conference how the South African government initiated and sustained engagement with the citizenry through izimbizo, citizens’ forums, community mass meetings and door-to- door visits.
Furthermore, the use of information communication technology, multipurpose community centres and community development workers facilitates the interface between government and the communities. The people’s participation in creating a better life for all is encouraged through campaigns such as Letsema and Vukuzenzele.
Whilst engaging citizens took the form of giving information through ICT and election campaigns in some instances in some countries, especially the developed countries, there was a lack of engagement in other situations, as in the developing countries - the South African experience, as clearly enunciated by the Minister, showed the emergence of a balance between physical contact with the citizens and the use of ICT, for instance. It clearly demonstrated that democracy was not just about the citizens exercising their right to vote the government into power, but that it was also about involving them in policy-formulation processes, in decision- making, in generating new ideas on matters of governance, in budgeting processes and in service delivery. It was about empowering the citizens to tell the government where it was succeeding and where it was failing to deliver services, without fear of victimisation.
In acknowledging that the Public Service is a learning organisation, the conference highlighted the following: that the Public Service needs leadership that builds teamwork and a leadership that understands that cohesion in the team allows flexibility, growth, learning and change; that a learning organisation should have leadership that encourages and facilitates learning; that effective organisational learning calls for an adequate balance between action and reflection; that a learning organisation is about interdepartmental and intradepartmental communication; that the Public Service should develop the capacity to actively participate in a globalised environment; and that the development and deployment of managers who are visionaries becomes critical in this instance if we are to develop a Public Service that is a learning organisation.
Given the reality of globalisation, it is possible for governments to form partnerships with organisations beyond their borders for the purposes of sharing knowledge, networking and providing peer remedial solutions to problems and challenges. An example, for instance, is of networking between local governments of different cities across borders.
Arising from the “many agencies, one government” debate, the following challenges were identified, even for our own country: firstly, consolidating the political will, which has been demonstrated through legislative and policy-formulation processes into accelerated and efficient service delivery; secondly, the challenge arises as to how we manage the use sometimes in terms of domination of consulting agencies or consultants; thirdly, accelerating effective engagement with the academic community; fourthly, improving horizontal communication among the state organs; fifthly, improving vertical communication between the government and the people; sixthly, dealing with strategic deployment and retention of public servants to ensure that there is a professional and an efficient way of delivering services; seventhly, intensifying the fight against corruption; and, lastly, managing delivery in the face of scarce resources.
In conclusion, we want to recommend to this House that it adopt this report. I thank you. [Applause.]
Debate concluded.
Motion agreed to.
Report accordingly adopted.
The House adjourned at 16:48. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
ANNOUNCEMENTS
National Assembly
The Speaker
Referrals to committees of papers tabled
- The following paper is referred to the Portfolio Committee on Provincial and Local Government and Administration. The Report of the Auditor-General on the Financial Statements is referred to the Standing Committee on Public Accounts for consideration:
a) Report and Financial Statements of the Municipal Demarcation Board for 2004-2005, including the Report of the Auditor-General on the Financial Statements for 2004-2005 [RP 149-2005].
-
The following paper is referred to the Portfolio Committee on Labour and the Portfolio Committee on Trade and Industry. The Report of the Auditor-General on the Financial Statements is referred to the Standing Committee on Public Accounts for consideration: a) Report and Financial Statements of the Food and Beverages Manufacturing Sector and Training Authority (Foodbev SETA) for 2004- 2005, including the Report of the Auditor-General on the Financial Statements for 2004-2005 [RP 91-2005].
-
The following papers are referred to the Portfolio Committee on Arts and Culture. The Reports of the Auditor-General and the Independent Auditors on the Financial Statements are referred to the Standing Committee on Public Accounts for consideration:
a) Report and Financial Statements of the Market Theatre Foundation for 2004-2005, including the Report of the Auditor-General on the Financial Statements for 2004-2005.
b) Report and Financial Statements of the National Film and Video Foundation for 2004-2005, including the Report of the Auditor-General on the Financial Statements for 2004-2005 [RP 144-2005].
c) Report and Financial Statements of the Voortrekker Museum for 2004- 2005, including the Report of the Auditor-General on the Financial Statements for 2004-2005.
d) Report and Financial Statements of the Natal Museum for 2004-2005, including the Report of the Auditor-General on the Financial Statements for 2004-2005.
e) Report and Financial Statements of The Playhouse Company for 2004- 2005, including the Report of the Auditor-General on the Financial Statements for 2004-2005.
f) Report and Financial Statements of Iziko Museums of Cape Town for 2004- 2005, including the Report of the Auditor-General on the Financial Statements for 2004-2005 [RP 53-2005].
g) Report and Financial Statements of Business and Arts South Africa for 2004-2005, including the Report of the Independent Auditors on the Financial Statements for 2004-2005.
h) Report and Financial Statements of the War Museum of the Boer Republics for 2004-2005, including the Report of the Auditor-General on the Financial Statements for 2004-2005 [RP 127-2005].
i) Report and Financial Statements of the National Library of South Africa for 2004-2005, including the Report of the Auditor-General on the financial Statements for 2004-2005 [RP 145-2005].
j) Report and Financial Statements of the Afrikaans Language Museum for 2004-2005, including the Report of the Auditor-General on the Financial Statements for 2004-2005.
- The following paper is referred to the Portfolio Committee on Home Affairs. The Report of the Auditor-General on the Financial Statements is referred to the Standing Committee on Public Accounts for consideration:
(a) Report and Financial Statements of the Electoral Commission for 2004-2005, including the Report of the Auditor-General on the Financial Statements for 2004-2005 [RP 66-2005].
- The following paper is referred to the Portfolio Committee on Home Affairs and the Portfolio Committee on Justice and Constitutional Development. The Report of the Auditor-General on the Financial Statements is referred to the Standing Committee on Public Accounts for consideration:
(a) Report and Financial Statements of the Electoral Commission (IEC) on the Public Funding of Represented Political Parties Fund for 2004-2005, including the Report of the Auditor-General on the Financial Statements for 2004-2005 [RP 67-2005].
- The following paper is referred to the Portfolio Committee on Justice and Constitutional Development. The Report of the Auditor-General on the Financial Statements is referred to the Standing Committee on Public Accounts for consideration:
(a) Report and Financial Statements of the Public Protector of South Africa for 2004-2005, including the Report of the Auditor-General on the Financial Statements for 2004-2005.
- The following paper is referred to the Portfolio Committee on Public Works. The Report of the Auditor-General on the Financial Statements is referred to the Standing Committee on Public Accounts for consideration:
(a) Report and Financial Statements of Vote 6 – Department of Public Works for 2004-2005, including the Report of the Auditor-General on the Financial Statements for 2004-2005 [RP 175-2005].
-
The following paper is referred to the Portfolio Committee on Agriculture and Land Affairs. The Report of the Independent Auditors on the Financial Statements is referred to the Standing Committee on Public Accounts for consideration:
a) Report and Financial Statements of the Perishable Products Export Control Board (PPECB) for 2004-2005, including the Report of the Independent Auditors on the Financial Statements for 2004-2005.
-
The following papers are referred to the Portfolio Committee on Communications. The Reports of the Auditor-General on the Financial Statements are referred to the Standing Committee on Public Accounts for consideration:
(a) Report and Financial Statements of the Independent
Communications Authority of South Africa (ICASA) for 2004-2005,
including the Report of the Auditor-General on the Financial
Statements for 2004-2005 [RP 106-2005].
(b) Report and Financial Statements of the International Marketing
Council (IMC) for 2004-2005, including the Report of the Auditor-
General on the Financial Statements for 2004-2005.
- The following paper is referred to the Portfolio Committee on Education. The Report of the Auditor-General on the Financial Statements is referred to the Standing Committee on Public Accounts for consideration:
(a) Report and Financial Statements of the South African
Qualification Authority (SAQA) for 2004-2005, including the Report
of the Auditor-General on the Financial Statements for 2004-2005
[RP 154-2005].
TABLINGS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson (a) Draft Notice and Schedule in terms of section 2(4) of the Judges Remuneration and Conditions of Employment Act, 2001 (Act No 47 of 2001), determining the rate at which salaries are payable to Constitutional Court judges and Judges annually, with effect from 1 April 2005, for approval by Parliament.
(b) Draft Notice and Schedule in terms of section 12(3) of the Magistrates’ Act, 1993 (Act No 90 of 1993), determining the rate at which salaries are payable to magistrates annually, with effect from 1 April 2005, for approval by Parliament.
- The Minister for Justice and Constitutional Development
(a) Government Notice No R.741 published in Government Gazette No 27813 dated 29 July 2005: Amendment of Regulations relating to Debt Collectors, 2003 in terms of the Debt Collectors Act, 1998 (Act No 114 of 1998).
COMMITTEE REPORTS
National Assembly
1. Report of the Portfolio Committee on Agriculture and Land Affairs on
the International Plant Protection Convention, dated 6 September
2005:
The Portfolio Committee on Agriculture and Land Affairs, having
considered the request for approval by Parliament of the
International Plant Protection Convention, referred to it,
recommends that the House, in terms of section 231(2) of the
Constitution, approve the said Convention.
Request to be considered.
2. Report of the Portfolio Committee on Home Affairs on Oversight Visit
to Immigration Office, Cape Town International and the Cape Town
Harbour on 24 May 2005:
The Portfolio Committee on Home Affairs, having undertaken an oversight
visit to the Cape Town International Airport and the Cape Town Harbour
reports as follows:
A. Introduction
On 22 February 2005 the Portfolio Committee on Home Affairs and
immigration officials held a meeting at the Cape Town International
Airport whereby a lot of problems affecting the officials, especially
the junior officials, were raised and discussed. It was resolved in
that meeting that the senior officials should attend to those problems
affecting the staff and address them. In respect of this, the committee
visited the airport again on 14 June 2005 to get a briefing on the
progress made so far about the issues raised during the meeting in
February.
This document reports on the deliberations of the follow-up meeting
held at the Cape Town International Airport on 14 June 2005 whereby Mr
Gideon Christian, Senior Immigration Official at the Cape Town
International Airport, and Lorraine Makola from the Department of Home
Affairs made verbal presentations before the committee about the
progress made with regard to addressing the concerns of the staff.
Reflections would also be made on the committee’s oversight visit to
Cape Town harbour, which followed the meeting.
B. Procedures
Prior to the meeting, the Committee Secretary sent correspondence to
the Department of Home Affairs to inform them about the meeting of 14
June 2005 and the intentions of the Committee. Transport was also
arranged for the trip while the immigration office assisted with the
provision of the boardroom for the meeting, at the Cape Town
International Airport.
The meeting at the airport took place at 10h00, after which the members
and the officials proceeded to the harbour for an oversight visit,
which began at 14h00.
The following persons were in attendance: Mr H P Chauke: ANC; Mr K W
Morwamoche: ANC; Mr M P Sibande: ANC; Ms N B Gxowa: ANC; Ms S V Kalyan:
DA; Mr M Swart: DA; Mr M R Mankge: Committee Secretary and Ms L Martin:
Committee Assistant.
The Department was represented by Ms L Makola; Mr G Christians; Mr J
Mamabolo and Ms M Mgxashe. Mr A Fraser apologised and sent Ms Makola on
his behalf.
C. Findings
This section presents the findings of the oversight visit undertaken
over the two ports of entries in Cape Town. It would start with what
has emerged from the Cape Town Immigration Office, International
Airport, and lastly the harbor.
Cape Town International Airport
Deliberations
The Chairperson of the Committee tabled a list of concerns which had
transpired during the February meeting with the immigration officials,
and asked the senior officials to brief the committee on the extent
they went to address them as they were mandated to do. The concerns
raised during the February meeting included the following:
a. Moratorium on the appointment of staff.
b. Shortage of staff which affected service delivery.
c. Low salaries of officers.
d. Unclear promotion and recruitment policy – influence of racism.
e. Strenuous shift work – recruitment of more staff as suggested by
officers.
f. Low moral of staff due to lack of feedback on issues raised with
the department and parliamentarians.
g. Lack of uniformity on dealing with issues by management –
favoritism.
h. Inconsistent disciplinary measures.
i. Lack of transport for staff working irregular hours and promises
not honored.
j. Lack of follow-up and monitoring on policy implementation by the
department.
k. Need for management to assist staff to acquire drivers licences.
l. Need to employ staff on permanent basis as opposed to contracts.
m. Late payment of salaries, especially overtime salaries.
n. Improper communication between officers and senior management and
irregular staff meetings.
o. Inadequate communication between national head office and the
regions.
p. Establishing an academy for staff training.
Responses
It must be noted that the officials, Ms Makola and Mr Christian, were not able to
provide answers to all the questions raised, perhaps due to time
constraints. They however pledged that a formal written report or
responses to the concerns raised would be sent to the Secretary of the
Committee. Below are some of the responses provided by the officials on
the questions raised:
With regard to the moratorium on the appointment of staff, the
officials stated that the Department has already trained sixty-two new
recruits and they were ready for distribution at ports of entry where
there is a shortage of staff. It was further indicated that the
Department uses a new system to properly train officers before putting
them to work. Officers are given uniform training to make them fit for
airports, harbors and border ports of entry. The training is three-
month theory and three month practical. Practical starts by July 2005
at busy ports of entry.
The committee asked follow-up questions whereby they wanted to know how
many immigration officers were required for Cape Town Airport and how
many were male and female. In response, Mr Christian indicated that
there was a need for 21 officers. He said that currently there were
sufficient staffs, but they needed to start planning for peak periods
when more officers would be required.
According to the Department, as reported by Ms Makola there is a long-
term need for 1000 officers to cover the shortage of staff in many
areas. Consequently on this issue, the Chairperson requested the
officials to pass the full information to the Committee Secretary
together with the new programmes so as to see if the department was
dealing with the challenges facing the airport.
On the problem of shortage of staff, which affected service delivery,
officials mentioned that the department was intending to appoint nine
provincial immigration heads to beef up the system.
Regarding low salaries of immigration officers, it should be noted that
the committee was also concerned about this and asked why Home Affairs
couldn’t pay immigration officers at the level of their counterparts at
the South Africa Revenue Service (SARS). In addition, the Committee
indicated that they were not happy about the lack of movement by the
department on this.
Responding to the above, the officials mentioned that they have already
looked into addressing this wage dispute. They reported that the new
recruits would get R76 000, per annum, after training and R43 000 in
training. They further promised that the Director General (DG) would
take up the issue to the Human Resources, and there was an undertaking
that current officers would be upgraded to upper level before the new
recruits joined in. They further promised that salary matters would be
emphasized in the next Medium Term Expenditure Framework (MTEF) in
September.
Apart from increasing the salaries of the immigration officers, the
department is looking at ways and means to declare the work of
immigration officials an essential service. The Department of Public
Service and Administration (DPSA) would be involved in this matter.
It should be emphasized however that the committee viewed increasing
the salaries of the immigration officials in a serious light, as it
would help to prevent corruption.
On the question of unclear promotion and recruitment policy – influence
of racism,
Mr Christian mentioned that racism was an issue but they managed to
deal with it. An example of a person working on a contract who was
racist and as a result his contract was not renewed was cited.
The follow-up question or concern by the committee was that black
immigration officials were never promoted. They wanted to know the
demographics of officers at the airport – asking if the airport had a
plan of representivity at high level. Replying to these questions, the
immigration official, Mr Christian, mentioned that the head office does
interviews. The unions and the head office oversee the interviews and
appointments. The department uses equity policies for the appointment
of staff.
The committee felt however that demographics at Cape Town International
Airport’s immigration office were still a challenge. This was shown by
the fact that top management had only 1 indian female. The committee
argued that advertising must be generally spread as to avoid the
obvious status quo. They saw a need for racial break down on new
recruits, as the airport is the mirror of the country and its
population.
The Chairperson stated that he was satisfied that the issue of racism
was dealt with and explained by the officials. And he further indicated
that the committee would invite Ms Mgxashe, the head of Cape Town Home
Affairs regional office, to Parliament to give a briefing on
demographic issues.
Concerning strenuous shift work – recruitment of more staff as
suggested by officers, Mr Christian and Ms Makola argued in response
that shift work was dealt with as more new recruits would be joining
the office to assist.
Low moral of staff due to lack of feedback on issues raised with the
department and parliamentarians, concerning this the officials reported
that the DG had two meetings with staff and one on one interview with
immigration officials had shown that they are now happy. The office has
also enhanced information sharing with officers using meetings. Mr
Christian reported that since the last meeting with the committee the
immigration office had had three staff meetings. He argued that it is
however difficult to have regular meetings due to shift work, but
informal meetings are used instead. Mr Christian asserted that to show
that there is a moral change amongst staff, officers also come to work
even if they were off-duty when requested to assist.
The chairperson argued that it is important to have regular meetings
and the staff needs to be given feedback of the meetings they held with
them. Regular meetings help to build interactions amongst staff. The
Department also needs to have a strategy to change leadership of Cape
Town International Airport and a system of communicating information
from the head office to the regions.
On the problem of lack of transport for staff working irregular hours
and promises not honored, Mr. Christian reported that the problem was
not sorted out yet. The immigration office uses a Kombi so they feared
to transport the officers with it because of the taxi violence in Cape
Town. On the other hand, Ms Makola indicated that Johannesburg Airport
has transport for staff working awkward hours, and the new structure
has drivers for that.
Regarding a need for management to assist staff to acquire driver’s
licenses, Mr. Christian mentioned that Cape Town immigration officials
would be given letters to go to the traffic department to get licenses.
The letters would indicate that they are immigration officers. Ms
Makola mentioned that in Gauteng, the Home Affairs Department
encouraged officials to get drivers licenses and reimbursed them. The
department encourages the staff to take initiatives and even bursaries
are in place for staff to improve themselves.
On the question of a need to employ staff on a permanent basis as
opposed to contracts, the committee discovered that even the head of
the immigration office at the airport, Mr Christian, was a temporary
employee. The committee wanted to see the Department giving people
permanent jobs.
In response to this, Mr Christian stated that permanent posts were
advertised and staff members were told to apply.
On late payment of salaries - especially overtime salaries, the
official said that the Deputy Director General (DDG) had spoken to
provincial administration and that the matter is being addressed. The
officials indicated that if the airport doesn’t have money, the DDG
undertakes to pay for them.
Responding to concerns over inadequate communications between national
head office and the regions, Mr. Christian stated that they have
established a directives’ office to ensure that information is
cascading to regions. In addition, internally at the airport, they use
the GroupWise email system for communication. Emails are sent to
everybody and it is an individual’s responsibility to check their
emails from the computer. Attempts were also made to simplify the use
of English language in the forms to make them user-friendly for staff.
Concerning the establishment of an academy for staff training, it was
noted that the academy was not fully established, but training
institute is used for that purpose.
Cape Town Harbour
Deliberations
Discussions with the officials at the harbour revealed serious problems
affecting the flow of work at that port of entry. These problems are
outlined in the next section below.
Problems discovered
Shortage of staff. The harbour operates with only 12 staff members.
Only one immigration official works at night. Not only this is
attributable to the lack of human resources at the harbour, but also
because the harbour receives few ships at night, said Mr Tshukudu
(Senior Immigration official at the Cape Town Harbour). It was further
discovered the night shift is only reserved for men because it
perceived unsafe for women to work at night.
Lack of computers. The immigration office, at the harbour, does not
have computers to assist with the clearing and processing of
immigration documents. They still use the old methods of paper files.
Lack of control over the yards and fishing vessels. Officials reported
that they have no control over fishing vessels and yards. Hence this
could pose serious security risks.
D. Committee recommendations
The committee made the following recommendations with regard to what has transpired during the meeting at Cape International Airport:
- Department should employ staff permanently.
- A need for racial breakdown on new recruits.
- Salaries of immigration officials should be increased.
- Need for officials to have regular staff meetings and enhanced communication.
- Department needs to submit a formal report on how they dealt with the issues raised.
- The committee needs to visit the Johannesburg International airport to address its problems.
Regarding Cape Town Harbour the committee recommended the following:
- A need for technology (computers) to assist with the clearing of documents.
- A port terminal should be built at the harbour.
- Need to double the staff numbers at the harbour.
- Training of officials even on intelligence matters - to improve security - is essential.
- New regulations should be put in place to control vessels’ movement.
- A need for a formal meeting to be held with the harbour officials.
Report to be considered.
- Report of the Portfolio Committee on Home Affairs on Oversight Visit to Department of Home Affairs, Eastern Cape, dated 1 June 2005:
The Portfolio Committee on Home Affairs, having undertaken an oversight visit to the Eastern Cape on 01 June 2005, reports as follows:
A. Background
The Portfolio Committee on Home Affairs undertook a surprise visit to the Department of Home Affairs in Port Elizabeth on 01 June 2005.
The following members made up the delegation: Mr H P Chauke: ANC (Chairperson); Mr P Sibande: ANC; Mr W M Skosana: ANC; Ms S V Kalyan: DA; Mr I S Mfundisi: UCDP; Mr M T Likotsi: PAC and Mr. MR Mankge (Committee Secretary).
The Deputy Minister of Home Affairs, Mr Melusi Gigaba, MP, invited the Portfolio Committee on Home Affairs to the National Conference Against Child Pornography from 01- 03 June 2005 at Coega Conference Village Port Elizabeth, Eastern Cape. While there was not much work to be done on the first day of the conference, which was set aside for the arrival of delegates and registration, the committee decided to pay a surprise visit to the Department of Home Affairs, including the Immigration Office, in the province as part of its oversight responsibility.
Upon the arrival at the department, the committee firstly observed how the officials were doing their work without interruption and being noticed. Committee members talked to the people queuing to receive the public service. Secondly, the committee proceeded to the offices of senior officials who took them to different sections of the department. A number of issues were discovered at the department, and these are summarised below.
B. Issues discovered by the Committee
In its observations and discussions with the officials and recipients of the public service at the Home Affairs Department, Port Elizabeth, the committee raised or realised the following issues:
Shortage of staff
The committee discovered that the Home Affairs Department runs only with seventy-eight staff members, with only one person working at the harbour. On the other hand, there are twenty-five vacancies in the Immigration Office. This causes a problem since people from all the districts in Port Elizabeth and elsewhere come to this department to apply for passports and others essential documents. The department has, however, employed interns to assist in the immigration office.
Shortage of cameras
There was only one camera in the passport section of the department. Clearly there is a need for more cameras given the many people coming there for their passports.
Nametags
Officials were working without nametags on. The committee warned that this behaviour would not be tolerated, as people would not know whom they are dealing with. Nametags are also important to help prevent corruption.
Scrap papers
Committee members picked up waste papers with fingerprints on the floors of the department. Home affairs officials were requested to destroy such spoilt papers completely or tear them apart. Alternatively the department can use shredding machines to do that since those papers could be picked up by criminals to produce fraudulent documents.
Long queues
Outside the immigration office there was a group of refugees mostly from Somalia and Zimbabwe in a large group. There were only three women amongst this group of asylum seekers at the office. Refugees and asylum seekers told the committee that they stand in long queues for many days before they receive any help from officials. They often have to sleep in queues. For example, those who were found by the committee at 15h00 said that they would remain there until the offices open again the following day.
Overcrowding or everyday long lines at the offices are exacerbated by the fact that immigration officials attend to only twenty asylum seekers per day. They cite lack of human capacity as the problem because there is only one official who interviews the immigrants and captures their data on the computer.
Death threats and conflicts
Officials told the committee that Nigerian thugs or drug-lords often don’t want to stand in queues and threaten to shoot those who question that. The asylum seekers themselves confirmed this.
Another problem was the division amongst the asylum seekers themselves. Zimbabweans claimed that Somalians always want a queue of their own in which non-Somalians are thrown out. Consequently there are always two queues at the department, which render the officials confused because they end up not knowing whom to start with since every one claims to be first.
C. Committee recommendations
Based on its deliberations and view of the situation at the Home Affairs Department, Port Elizabeth, the committee makes the following recommendations:
- The department should employ more staff.
- The officials should increase the number of asylum seekers they interview from twenty to forty per day.
- Police should be called to investigate the death threats and also to monitor and protect the people queuing.
- The department should look into the possibility of going back to the system of utilising a numbering system or appointment times to spare the asylum seekers from having to stand in long queues for days.
- All the Home Affairs officials should have nametags displayed during working hours.
- The department should acquire shredding machines to destroy spoilt papers completely.
Report to be considered.
-
Report of the Portfolio Committee on Home Affairs on the National Conference Against Child Pornography held in Port Elizabeth, Eastern Cape, from 01-03 June 2005:
The Portfolio Committee on Home Affairs, having attended the National Conference Against Child Pornography held in Port Elizabeth, Eastern Cape, 01 - 03 June 2005, reports as follows:
A. Background
The Deputy Minister of Home Affairs, Mr. Melusi Gigaba, invited the Portfolio Committee on Home Affairs to the National Conference Against Child Pornography held from 01- 03 June 2005 at the Coega Conference Village, Port Elizabeth. The conference was hosted by the Films and Publication Board (FPB) in conjunction with the Department of Home Affairs. The conference aimed to come up with a sustainable program of action that seeks to educate and inform the South African public about the effects and dangers of child pornography to society at large. Further, this was an attempt to strengthen the relations between government, business and civil society organisations based on the program of action
The following members made up the delegation: Mr H P Chauke: ANC (Chairperson); Mr P Sibande: ANC; Mr W M Skosana: ANC; Ms S V Kalyan: DA; Mr I S Mfundisi: UCDP; Mr M T Likotsi: PAC and Mr. MR Mankge (Committee Secretary).
The conference followed the launch of the Child Pornography Hotline (0800 148 148) by the Deputy Minister of Home Affairs in December 2004 to engage in a united campaign against child pornography. This report presents the proceedings of the conference:
B.Opening and Welcome
The Deputy Minister of the Department of Home Affairs, Mr. Malusi Gigaba, opened the conference and welcomed everyone present. The list of guests included amongst others: Mr Patrick Hlomane Chauke, Chairperson of the Portfolio Committee on Home Affairs, and Committee members; the Minister of Home Affairs, Ms Nosiviwe Mapisa-Nqakula; the Deputy Minister of Safety and Security, Ms Susan Shabangu; detectives from United Kingdom; former Miss South Africa, Ms J Ramagoshi; as well as representatives from the SACP, ICASA, business and civil society at large.
C. Country perspective on child pornography – by Shoki Bopape- Dlomo, CEO: Film and Publication Board
Ms Bopape-Dlomo stated that there is too much pornography driven through cell phones, media and other modes of transmission. Hence there is a need for parents, caregivers and South Africans to educate and protect children from these harmful images.
Research has shown a link between child trafficking and child pornography. As an attempt to campaign against child pornography, she appealed that children and adults should be aware of the Child Pornography Hotline (0800 148 148) and report this scourge.
D. Keynote address – by Ms Nosiviwe Mapisa-Nqakula: Minister of Home Affairs
In her keynote speech, the Minister welcomed the Members of Parliament and guests from within and outside the country.
The Minster stated that the International Day of the Child was celebrated on the 1st of June 2005. The world is not becoming safe for children and that is why they had gathered at this conference in Port Elizabeth. They needed to address the plight of the children in South Africa and the world. The Minister cited President Mbeki’s speech, made at the Commonwealth Conference, whereby he said we must show in the children that the world is better.
The Minister further indicated that she received many letters from parents, amongst which the letter from a parent from Wynberg was an eye opener, which depicted the abuse of children. In response to the problem, the Minster mentioned that she called parents to register their children since many abused children were not registered. A hotline against child pornography was also launched last year. She appealed to the public to call the hotline to report those showing child pornography. The Act (Films and Publication Act and others) makes it an offence to posses, produce or show any forms of child pornography. She congratulated the judiciary, and the Durban court, for sentencing a Russian couple to twelve years in prison for possessing child pornography.
Parents and caregivers are requested to monitor children’s use of the internet and understand the fight against child pornography. There is a need to offer orphans and vulnerable children care and support as they have rights as required by the Bill of Rights. The Minister hoped that the conference would emerge with a sustainable program of action to fight child pornography and forge partnerships between government and private sector, while drawing lessons from previous conferences (for example 1999 in Cape Town) which had called for parental participation. The department had managed to tighten up legislation in this regard.
Lastly, the Minister indicated that the child pornography industry generates, in Asia alone 2.5 million dollars a year. There is therefore a need to join a united force of friends – UNICEF and others – to fight this.
E. The effect of pornography on children – by Ms Michel Human: Standing Together to Oppose Pornography (STOP)
Ms Human stated that adult pornography is associated with effects on child pornography. She confined the definition of a child to under the age of 18. Pornography is material, which can be used to sexually arouse the viewer.
According to STOP, 90% of pornography is caused by crime like drug trafficking. Pornography is widely available in computer games, cell phones, chart lines, films, magazines (men and women magazines) and graphics. There is pornography in DVDs and newspapers. Newspapers like Voice in the Western Cape portray explicit sex. Only a quarter of sex shops in the Western Cape are legal, according to STOP.
The effects of pornography on children are:
• Imitationary sexual material – films such as Emmanuel on e-tv is
watched by children.
• Acceptance of promiscuous standards from parents/ adults – with risks
of HIV/ AIDS.
• Inability to form a relationship with someone.
• Child and child sexual abuse – 90% of sex offenders have been exposed
to child porn.
• Sexual addiction.
• Carry over from childhood to adulthood. She further believed that there is a strong correlation between child pornography and commercial sex. If we need to protect children we need to be vigilant and “make every child my child”, she said. Television must be cleaned up, and the work of FPB must be expanded to include TV material. The board must also enhance public education on child pornography. Licensing procedures for sex shops must be tightened (regulated by Business Act of 1993). Lastly, custom officials must be vigilant on importation of child pornography. F. Strategies to combat Child Abuse: Imagery International Experience – Mr
Russel
Penny: Detective Superintendent Metro Police Service, New Scotland
Yard (UK)
Detective Penny told the conference that they deal with child pornography on the internet. They have a database of child exploitation and trafficking in human beings. They are involved with the G8 and Interpol and all countries are urged to send images of victims so they can learn and share good practices.
The detective stated that they have a task team which offers education to parents, subgroups and partners using various communication technologies. Internetwatch Foundation says the child pornography industry is worth 20 billion USD. Association of Child Pornography organisations has a committee which does paedophile investigations.
There is also a visual Global Task Force which include the Royal Canadian Mounted Police, Australian High Tech Crime Centre, US Department of Homeland Security and National Crime Squad, which generally do partnerships, prevention and enforcement to protect children. Detective Penny views child pornography as child abuse. He argued that they are the most vulnerable members of society, so they deserve our protection.
G. Assessment of government interventions on child pornography
Mr van Vuuren: National Youth Commission
South African youth offered themselves for the liberation struggle in 1976 Mr van Vuuren stated that the commission is today once again committed to the fight against child abuse. He mentioned that some members of the commission are engaged in surprise visits to Northern Cape to check child labourers, which is part of June 16 campaign.
He maintained that apartheid was the route cause of poor education, unemployment, substance abuse, etc. The present focus is now on prevention and youth development – empowering young people to become active participants in society. The National Youth Commission says no to child abuse and child trafficking. The young ones are in need of help. Multi-purpose centres are playing a role – arts and culture, sports and recreation, etc, also assist.
Strategic interventions on child pornography entail:
• Forming partnerships with NGOs and government.
• Adoption of national youth development framework by Parliament.
• Umsovumbu youth fund and creation of thousands of leanerships for
young people.
• Working with the South African Police Service for crime prevention and
strategy development.
Change has to go beyond talk-shows to implementation. “Make my child your child”.
MEC for social Development: Eastern Cape The MEC sent an apology and was represented by Ms Thoko Qasa who delivered her speech.
The speech opened with a quote of former President, Nelson Mandela, which puts children as vulnerable citizens and national treasurers. Children are measures of the countries well-being and a move away from apartheid. The speaker indicated that more than forty children are raped in the country every day. But only twenty-two cases end in conviction of offenders, which is a concern. This problem needs the involvement of parents, teachers, NGOs, churches and children themselves.
A green ribbon launch, by the Social Development Department, should be taken as a sign to fight this abuse. A directorate needs to be set up wherein children get help even from effects of HIV/ AIDS. People should understand and know what is happening around them and act before it is too late.
Mr Patrick Chauke, Chairperson: Home Affairs Parliamentary Portfolio Committee
Mr Chauke indicated that the committee is happy with changes in the FBP with the new CEO and board members. In his speech, he noted that all presenters never made mention of the current laws which regulate the films and publication industry such as the Films and Publications Amendment Act.
Further, he mentioned that when there is an amendment to legislation, inputs come from rich and resourceful people like filmmakers. He pledged that the committee would to go out to the public and provinces, to give people a chance to give inputs and participate in the legislative processes.
Mr Chauke cited the move to challenge Adult World operating next to Parliament as eye opening. The Films and Publication Act does not allow anybody to posses child pornography. The challenge is for the conference not only to address the South African problems but also of its neighbours (SADC and the African Union). The chairperson indicated that in his experience with Hustler magazine was that it had two versions. The simple one for the world and the hard porn for South Africa. He asked why South Africa had been given hard porn. South Africa is becoming a dumping ground for pornography. There is also the Voice newspaper in Cape Town, which is selling at R1,50 – thus becoming easily accessible to young ones.
Mr Chauke proposed that there should be a strong inspectorate within the FPB that should begin to raise these issues. He was concerned about the fact that there are currently three inspectorates in the country. That is Johannesburg, Cape Town and Durban. In Johannesburg porn is sold in the streets and police are doing nothing about this. He appealed to the Minister of Home Affairs, the Portfolio Committee, the FPB and the Department of Safety and Security to work together to deal with these issues.
Ms Susan Shabangu, Deputy Minister: Safety & Security
The Deputy Minister indicated that child pornography is a challenge to everyone. The South African Police Service (SAPS) signed various protocols which protect children. Locally, the police are involved in various awareness programs in communities to address child pornography and child abuse. Police move around to schools and communities to continuously protect the interest of the child. The problem needs community support and people must report abuse. The SAPS would continue to work with the community to bring perpetrators to book.
The department has trained police to investigate child pornography. The challenge is to train more – with specialised computers, forensic training, etc. Courses are run by Interpol. South Africa also managed to train other African countries: Botswana, Ethopia and Ghana. The process is shown to be successful in making arrests and conviction related to child pornography and child abuse.
A call for minimum sentence is a challenge. Key for police is to refer victims to victim’s centres for support and that people report perpetrators to police. The Deputy Minister reiterated that the police are going to work with various stakeholders to fight this crime.
Strategies to deal with child pornography
Peter Mahlare: Vodacom
Mr. Mahlare stated that technologically many things have changed in life. Children can access pornography from cell phones. He pledged that Vodacom takes it’s responsibility to protect children from pornographic materials seriously.
He further alluded to the important role played by parents in the education of the young ones, which is key. There is a need to recognise the role of adults in society. There is a need to educate subscribers about what mobile units can do, ensuring that certain things are not accessed by children.
Vodacom complies with the regulations and those who have access to mobile units need to abide by the rules. Vodacom operates in various areas. Wasp (Wireless Application Service Provider) ensures that they comply with ICASA regulations; Vodafone live enables them to label contents under specific classification around adults and others. Vodacom does not market products which are unlawful and there are age restrictions.
Parental empowerment is crucial to protect children from having access to content which is deemed to be undesirable.
Mr Sbu Mngadi: Cell C
Mr Mgadi also mentioned that Cell C is pledging support in efforts to protect children from access to mobile adult services. The company needs WASP partners to come together as one body to set clear codes of conducts and regulate advertising of adult content to children. He further asserted that the Portfolio Committee on Communications is hearing a submission from the ICT industry in this regard.
Mr A V Malambo: HIREZ Internet service provider
The internet service provider has over the past two months conducted research over the Internet about child pornography. Mr Malabo argued that the results are shocking, including paedophiles. What can be done? The Watch Foundation in Britain is looking into combating child pornography. Similar operations are in the US. The United Nations is also playing a role in initiatives to protect the child called “innocent in danger”.
The internet service provider appealed to government to increase organisations which are internet focussed. Parents, teachers and children themselves should be educated about the laws which are against child pornography.
Ms Joan Van Niekerk: Civil Society, Child SA
Ms Van Niekerk argued that according to reports between 800 000 and 900 000 children are trafficked annually in the world. But there are no updates on the extent of the problem in South Africa.
South Africa has legislation in place to protect the child; namely the Child Care Act, Sexual Offences Bill, Child Justice Bill, Films and Publication Amendment Act, new child trafficking legislations and others. Civil Society appealed to Members of Parliament to expedite the processing of legislation before them without worrying about the cost of doing this.
There is a need to help and support parents and caregivers experiencing the abuse of their children. Children also need to feel safe to make a full disclosure of their abuse, 90 % of offenders had viewed pornographic materials. Awareness (including self awareness), training, support and regular debriefings are important.
Ms Gloria Britain: SABC
Ms Britain maintained that SABC is accountable for what it puts on air and it is in a position to play a role in fighting child pornography. Since 1996 the broadcaster established an education department producing and transmitting important messages to the public. This included Soul Buddies, Takalane Sesame and others.
SABC licence policies and legislation are in place to encourage a programme for pro-social behaviour- showing what we would like children to do. Aligning editorial polices is crucial and there are very clear guidelines about what programmes are flighted.
She argued that burning problematic materials won’t be an answer to the problem. There is a need for consultations and partnerships on this issue. Parents and adults need to be vigilant about what happens and educate the children. Involving political action at the highest level is crucial.
Discussions
After the presentations the conference was given an opportunity for discussions or comments, which resulted in the following points as presented below. It should be noted that these comments never covered all presentations, especially those delivered later.
• Need to engage civil society in advocacy work, especially in schools –
porn is rife in Johannesburg (Hillbrow and Parkstation).
• It is important to raise awareness about children rights and work as
adults to address this.
• Children are our present and we need to protect them for the future.
• Presentations were eye opening as anyone can be dangerous to your
child.
• Need to unite organisations to create awareness under the auspices of
FPB.
• Need for a minimum sentence for offenders – currently there is only a
maximum sentence.
• Move from looking at young people as victims, but rather to a voice to
be heard.
• Need to change the mentality that child pornography is not happening
here in South Africa.
• Need to correlate research on this issue and form partnerships.
• No consent of children from parents, rape is high, – in Sunnyside and
Pretoria CBD - and people should speak up all the time.
• Need to unpack issues of culture, religion and tradition, housing and
education, skills development and safer school programme in education.
• Concern about the illegal immigrants who are perpetrators and drug
pushers – they get deported and come back in the country the same day,
especially in Beit Bridge.
• Difficulty to teach about pornography at school because parents and
SGBs are against that – who is wrong? A man or everybody?
• What is the best method to teach the young people?
• FBP should educate people about the hotline.
• Education department was supposed to be part of the conference.
• Child trafficking for sexual purpose – how do we deal with demand for
protection?
• Baby Tshepang was an eye opener to sufferers beyond closed doors.
• Need to introduce filter software to protect children from accessing
pornography on the internet.
• Regarding missing children, where are they?
• The cultural problems in the family, men as father figures, socio-
economic issues which force children to take part in porn movies,
children bought and sold – what are we going to do about these?
1 Working groups
Delegates were divided into four commissions for discussions. The commissions were: Mobile Technology and Child Pornography; Media and Child Pornography; Internet and Child Pornography and lastly Child Trafficking and Pornography. The Terms of References for the commissions are presented below:
• Establishing brand consensus on child pornography
• Current key challenges on protecting children against child
pornography
• The role of family and household
• Strategies we need to mobilise business and others stakeholders to
intervene
• Policy interventions required to deal with child pornography
• Strategic interventions to create the capacity to monitor and prevent
child pornography
J. Presentation and adoption of the Plan of Action (POA) - by Mr Jacob Mamabolo:
Secretariat
Mr Mamabolo presented the Plan of Action and the conference declaration, which is a conference summary and recommendations, as follows:
We, the delegates gathered at the National Conference against Child
Pornography, convened by the Film and Publication Board in Partnership with
the Department of Home Affairs, brought together by our profound
commitment to fight the proliferation and spread of child pornography.
Inspired by the noble ideals espoused by the progressive people and governments of the world united against gross neglect, abuse, degradation and dehumanisation of children as contained in the UN Convention on the Rights of the Child
Further inspired by the unwavering commitment of our democratic government as enshrined in the Bill of Rights of the Constitution, notably that:
Every child has the right-
a. to a name and nationality from birth; b. to family or parental care, or to appropriate alternative care when removed from the family environment; c. to basic nutrition, shelter, basic health care services and social services; d. to be protected from maltreatment, neglect, abuse or degradation; e. to be protected from exploitative labour practices; and f. not to be required or permitted to perform work or provide services that are inappropriate for a person of that child’s age; or place at risk the child’s well being, education, physical or mental heath or spiritual, moral for social development.
Noting the qualitative contributions by delegates, international and
national experts representing diverse interest groups united in action
against child pornography.
Recognising and appreciating that whilst modern technology seeks to
advance human development, it has adversely undermined the social
cohesiveness of the family and household as a basic unit of society.
Further recognising that the creation, production, processing, and
distribution of any pornographic material severely imposes untold
misery to normal childhood development.
Acknowledging that the thematic areas as the thrust of Conference have
laid a basis for robust engagement with all key stakeholders, to develop
a sustainable programme of action against child pornography.
Believing that the deliberations at this conference have laid a solid
foundation to mobilise, educate and raise public awareness amongst South
Africans about the evils of child pornography in the country.
We are therefore convinced that our common pursuit of the ideal that
South Africa that belongs to all who live in it, united in our
diversity, will be incomplete unless children are protected against all
forms of abuse.
We further believe that the ideals that underpin our quest to live in
South Africa that provides peace, comfort and security to her citizens
will never be realised until the rights of children are respected and
affirmed.
We therefore adopt the National Plan of Action Against Child
Pornography, pronounced as follows:
National awareness and public education campaign
• The Ministry of Home Affairs to develop and implement comprehensive
Campaign to intensify efforts aimed at protecting children from
accessing harmful images within the media, including films,
exhibitions, games, televisions, internet and other publications. The
Sixteen Days of No Violence Against Women and Children will further
seek to enhance the campaign.
• The Portfolio Committee of Home Affairs will initiate a national
debate in both Houses of Parliament, with a view to placing the fight
against child pornography on the country’s national agenda.
• The Portfolio Committee will further consult with the Select Committee
on Social Services, to ensure roll out of the debate in Provincial and
Local Government Legislatures.
• As part of the national awareness campaign, the Ministry of Home
Affairs will engage in particular the local government in the
metropolitan councils, with a view to cracking down on the illegal
porn shops operating in their jurisdiction. And to also ensure that
all pornographic materials be restricted to designated areas.
• The FPB will develop and implement a programme with schools (targeting
learners and educators) as part of the campaign to raise awareness on
the dangers of possessing, creating, producing, distributing,
importing, accessing, and advertising or promoting child pornography.
• The Moral Regeneration Movement (MRM) will adopt this national
campaign in its programme, as well as coordinate organs of civil
society.
• The FPB will interact with the broadcasting sector to make a
contribution to the national awareness campaign. We call upon the
South African Broadcasting Corporation (SABC) to take a lead in this
regard.
• Ministry to engage NEDLAC to initiate a national dialogue within its
member organisations about the effects and dangers of child
pornography and suggest measures that are required to curb this
scourge in the country.
Capacity of the film and publication board
• Conference notes that the current core mandate, scope and structures
of FPB are extremely inadequate to deal decisively with the challenges
posed by the increasing effects of modern technology on child
pornography. We therefore on the Ministry to ensure a total review of
structures of the FPB. Such measures will include the creation of
create a specialised unit to focus on child pornography, Research and
Information Management Unit, enhance the quality of the Monitoring and
Evaluation system and processes.
• Call upon the Portfolio Committee of Home Affairs to amend legislation
with a view to strengthening the capacity of the FPB to exercise
authority over the classification of material.
• Ministry to engage ICASA to introduce measures that seeks to regulate
the spread of child pornographic material on mobile technology.
Building strategic partnerships
• Ministry of Home Affairs to ensure synergy and coordination within the
law enforcement agencies and the judiciary to deal decisively with the
perpetrators of child abuse through pornography.
• Call upon the Ministry of Home Affairs to engage FOSAD and the
relevant Cabinet Clusters (JCPS Cluster, Social Sector Cluster) to
make a concerted effort to combat and prevent the spread of child
pornography.
• Call upon the Home Affairs Portfolio Committee to engage the Portfolio
Committee of Trade and Industry to amend legislation to empower the
FPB to be the only authority responsible for issuing licences for
pornography industry.
Monitoring and evaluation
• Recommend that the Ministry of Home Affairs appoint the National
Advisory Committee to advise, and make recommendation on policy
intervention that are required to intensify the fight against child
pornography.
L. Closing – by chairperson, Deputy Minister, Mr M Gigaba
In his closing remark the Deputy Minister hailed the conference as a success and added: “We are very thrilled that this conference has created a possibility for us to strengthen strategic partnerships with all organs to civil society, business, international institutions and government to curb the scourge of child pornography. This is a call for action.” More than 300 delegates attended the conference and adopted a declaration (plan of action) and committed all organs of civil society, government and the private sector to take radical steps to combat the scourge of child pornography in all its manifestations.
Amongst others, the declaration made pronouncements on the National Awareness and Public Education Campaign, Capacity of the Film and Publication Board (FPB), Building Strategic Partnerships and Monitoring and Evaluation.
Concerning the National Awareness and Public Education, the Ministry of Home Affairs was mandated to develop and implement a comprehensive campaign to intensify efforts aimed at protecting children from accessing harmful images within the media, including films, exhibitions, games, televisions, internet and other publications.
Critically, the Portfolio Committee of Home Affairs was also mandated to initiate a national debate in both Houses of Parliament, with a view to placing the fight against child pornography on the country’s national agenda. One of the resolutions taken at the conference is that Home Affairs should hold bilateral discussions with both the Internet Service Association of South Africa and the mobile technology providers with a view to developing a joint programme of action aimed at combating the spread of child pornography.
Lastly, the Deputy Minister handed out certificates to 53 learners who completed their first module training on child trafficking. Seven teachers and principals also received training on management and reporting systems. The training is the initiative of Volkswagen South Africa. Mr Moosa Moss of Volkswagen SA indicated that the company helps with funding and formed partnerships with NGOs to do training.
Report to be considered.
- Report of the Portfolio Committee on Home Affairs on Oversight Visit to Independent Electoral Commission and Government Printing Works in Tshwane, date 14 June 2005:
The Portfolio Committee on Home Affairs, having undertaken an oversight
visit to Tshwane on 14 June 2005, reports as follows:
A. Introduction
The Portfolio Committee on Home Affairs undertook a visit to Tshwane on
14 June 2005. The aim of the committee was to get the briefing by the
Independent Electoral Commission (IEC) on state of preparedness for the
forthcoming local government elections. The committee also visited
Government Printing Works (GPW) to understand the factory’s operational
matters, security of official documents and processing systems.
Lastly, the report will also report briefly on the surprise visit by
the committee to home affairs offices to check the manner in which
people are issued with passports, identity documents (IDs), birth and
death certificates and others.
B. Procedures
The committee secretary coordinated the plans of the committee on its
visit to Tshwane. He arranged appointments with the IEC and GPW to meet
with the committee, first by sending correspondences to the two
institutions clearly stipulating the purpose of the meeting and the
dates and the number of delegates for the meeting.
At IEC the meeting was scheduled to begin at 9h00 and 14h00 at GPW, on
June 14 2005. Co-ordinators at IEC and GPW assisted with the
arrangements of venue for the meeting at their respective premises.
Delegation for the Tshwane visit was comprised of the following six
persons: Mr P Chauke, Chairperson: ANC; Mr W Skhosana: ANC; Ms S
Kalyan: DA; Ms I Mars: IFP; Mr R Mankge: Committee Secretary and Ms L
Martins: Committee Assistant. However some committee members withdrew
from the visit in response to a call by the President, Mr Thabo Mbeki,
to attend a Parliamentary sitting he had called for on 14 June 2005.
C. Findings
This section presents the findings of the study done by the committee
on the Independent Electoral Commission, Government Printing Works and
Department of Home Affairs.
Independent Electoral Commission
During the committee’s visit to the IEC the chairperson of the
commission, Dr Bam, voiced her appreciation particularly on the role
played by Parliament with its provincial visits and encouraging people
to apply for IDs. The committee was also highly commended on the
support they give the Department of Home Affairs (DHA). Dr Bam argued
that irrespective of the myriad of challenges they are faced with such
as the new demarcations and systems of running elections, they have
gained skills and experience to take the coming elections forward.
A strong team of managers and commissioners had accompanied and
supported Dr Bam during her meeting with the committee. She
introduced her team each with an assigned role or an activity to
present before the committee. The IEC team was comprised of the
following: Commissioner Mpumlwana – presenting International activities
of the IEC; Commissioner Van der Merwe – handling general overview on
the preparations for the forthcoming local government elections;
Advocate Tlakula, CEO – dealing with administrative arrangements for
the forthcoming local government elections and lastly presentation on
Delimitation and Voter Registration by Mr Norman du Plessis.
International activities of the IEC
The IEC is playing a leading role on elections not only in South Africa
but also in other parts of Africa. Although the country is still young
in the game of multi-party democracy, international worlds already are
convinced that the country can offer more to them, argued the
chairperson of the commission.
Commissioner Mpumlwana outlined the role played by the IEC at
international level,
that they:
▪ offer technical support ▪ observe elections ▪ participate as partners in electoral projects
The work of the commission on the international level is funded by
organizations that invite it to assist. Despite that, Commissioner
Mpumlwana argues that as partners IEC also augments.
The commission has already been involved in countries like Namibia,
Lesotho, Democratic Republic of Congo (DRC) and Sudan on electoral
projects. The commission is in a partnership with the African Union
(AU), and they are trying to establish and electoral unit to build
democracy in Africa. In Sudan the electoral commission is doing
research on elections and electoral systems and conflict management.
With the Southern African Development Community’s (SADC) electoral
forum, IEC intends to enhance its support on the forum and help create
a common vision on elections. The commission’s partnership with the
Association of Electoral Forum in Africa has already shown the fruits
for success whereby the commission is currently helping the DRC
electoral Commission with capacity building.
Overview on the preparations for elections
Commissioner van der Merwe said that IEC has established electoral units in municipalities. The units work as municipal support staff, which the IEC pays for their salaries and the projects run. Municipal support staffs are under the management of IEC.
Municipal electoral units are established do deal with the brain drain, which was happening within the IEC. Commissioner, van der Merwe, asserted that in the past the commission used to hire part-time workers during elections but lost them after they gained experience.
Running the elections is not a smooth sailing. The commission is faced with a number of challenges, which include:
▪ creating and maintaining a voter’s roll ▪ re-demarcation of new voting stations ▪ how to distribute ballot papers to the districts ▪ financial constraints and management of elections
Administrative arrangements
Advocate Tlakula presented the committee with the election plans. Amongst other things, Tlakula reported that the planning was based on the premise that the elections were scheduled for 07 December 2005, while registration begins on 03 September.
About two hundred million is budgeted for this financial year, for elections. The commission has negotiated with the landlords to put polling stations in their premises. For example, the commissioner mentioned that they spoke with school governing bodies (SGBs) about using the schools. However there are problems in areas where there is no proper infrastructure like in the informal settlements. As the results, the commission would resort to use of tents, sometimes blocking streets.
Delimitation and voter registration
Mr du Plessis mentioned that there is improvement in access to voting facilities – queues and numbers and distances. But differences would still be seen in other places, between Easter Cape and Johannesburg, for example, due to walking distances. Municipal Demarcation Board (MDB) has redrawn the boundaries to accommodate peoples’ movement and the voting districts were also cut. The movement of people calls for creation of new voting districts.
Questions and answers
Below is the list of questions asked by the committee with the responses provided by the by the commission:
Is the budget allocation enough
In response, the chairperson of the commission asserted that the commission would manage to run the forthcoming elections with the money the have. She indicated that they, however, have a valued added tax (VAT) challenge. They are currently discussing with the national treasury to give them 80 million rands in tax return.
On the other hand, it appeared that the commission doesn’t have enough money for outreach programmes and publicity, especially for poor rural communities, which don’t have access to televisions.
How much is used for voter education
The commissioners indicated that 35 million rands are used for voter education. They are also managing with the financial assistance provided by provincial departments. Examples include Limpopo province, which has adopted a policy to support IEC.
How would people be educated about the elections
Responding to the question of voter education, the commission indicated that they have approved an organogram for coordinators in provinces to deal with ongoing voter education. The project aims to infuse democracy in schools. The project has been running for four years in conjunction with the department of education covering the sample of 600 schools in the country.
Currently the commission is negotiating with the department of education to incorporate the project of voter education in the school syllabus. It has already been piloted in the Further Education and Training (FET) band. The aim is to bring democracy in education.
In addition the commission reported that, there is a stakeholder management project, which runs to include community leaders, churches, unions, schools and universities. The objective of this initiative is to organize communities and educate them about balloting and how to vote.
How were target areas for voter registration identified
Targeted areas explain areas affected by boundary changes and low registrations. The commission goes back to the identified houses affected by the changes and asks people to re-register for elections. However sometimes people are not found at home, in this case the commission argued that pamphlets are left at the house to inform dwellers that they have to register again.
The voter registration is often met with challenges, which include:
▪ lack of proper addresses in informal settlements
▪ ongoing migration of people
▪ lack of systems to trace how many people move from their
municipalities.
How is the maintenance of voters’ dealt with – problems of people passing on and names still on the voters’ roll.
The commission is working with the department of home affairs to prevent the system of ghost voters. Only the living people should vote. The commission reported that 1.8 million dead people were removed from the voter’s roll since 1998. The problem is that elements of resurrection occurs but the commission works closely with the home affairs department to make sure that they don’t get names of dead people on the voter’s roll, said Mr du Plessis.
Do people get IDs for elections
With regard to the question of ID, the commission indicated in response that there is an increasing awareness campaigns to encourage people to apply for IDs. The problem is that there is no system in place to track applications done. To show this, it appears that people apply for IDs in the Eastern Cape and move to Cape Town before they receive them, and when they get there they apply again.
The Government Printing Works
Mr Tom Moyane, as the Chief Executive Officer (CEO), heads the Government Printing Works. In brief, Mr Moyane reported that the factory does printing of Identity Documents, passports and government gazettes and others.
During the meeting at the factory, Mr Moyane was supported by the following staff members: his Personal Assistant, Ms M Mopelong; Mr S Quit: Admin Manager; Mr M Ntimba: Finance Manager; Mr J Engelbrecht: Operations Manager; Mr J Rossouw: Human Resources Manager; Mr A Mosoma: Factory Manager; Mr T Nyida: Assistant Factory Manager; Mr T Khumalo: Assistant Factory Manager; MS A Pretorious: Assistant Director, Finance; Ms S Badenhorts: Assistant Director, Stationery; Mr Z Montjane: Assistant Director, Publications. Some staff members presented the work of the factory before the committee as outlined below, which was followed by a tour of the factory.
Operations
The Operations Manager, Mr Engelbrecht, stated that the factory is divided into different functions which include printing, publications, stationery and raw materials, administration and support.
Printing
With regard to printing, it was mentioned that the process includes putting printing plates to machines to get actual printing done. After the materials are printed the factory also do binding. Apart from the binding of the reports and government gazettes the factory does what they call security binding, which includes IDs and passports.
Publications
Mr Engelbrecht argued that their Pretoria and Cape Town offices do publications whereby provincial gazettes are produced. The GPW offices in other provinces do publishing of statistical reports.
Stationery and raw materials
The GPW purchases ball pens, papers and other materials and store them in different stores. The factory has also what they call a face value store used for safe keeping of ID or passport face photos and other important documents.
Admin and support
The admin and support directorate is responsible for contract printing, finance and human resources divisions. Mr Engelbrech stated that security is important part of the GPW. There are twenty-four security guards at the factory seven days a week.
Challenges
Mr Moyane mentioned that they are faced with a number of challenges at the GPW. They include the following:
Training and skill development
The CEO indicated that their work is very sophisticated and hence they need resources to meet staff training needs and skills development. The factory has a staff compliment of more than six hundred workers.
Inappropriate facility
The facility the factory is operating from is a problem in itself. The Mr Moyane argued that the facility was the prison in the past, which is now turned into government printing. It is not adequate for the printing work and security of the material produced.
Factory tour
The committee was given a chance to embark on a tour of the factory to observe and have first hand experience of the work done.
Different sections of the factory were visited. The visit started with the origination section, which captures every information and documents sent to the factory. Sixty-one people were found working in this section. There is also a proof reading section, which makes sure that the information captured to be printed is correct.
Another section seen was the photo reproduction dealing with photo materials. The photo reproduction section has a staff compliment of three. The factory has editors who do editing work and making sure that the notices go to the right places.
From the photo reproduction, the committee proceeded to the manufacturing section. This section is highly secure. Everyone entering the ID and passport manufacturing section is searched when going in and out. It was realized that no bags are allowed inside the section.
The committee was how the IDs are made and the security features on the ID paper, which could only be seen by use of magnifying class. The papers used for making IDs are carefully counted and recorded by machine to prevent fraudulent printing of the document. Where the machine fails counting can be done manually.
Committee’s response and concerns
The chairperson assured the GPW that the committee supports their desire to move out of the prison building to a proper facility designed for printing works. The committee was also satisfied about the way funds are run in the factory. The factory was however advised to put some tighter debt collection measures to get back the money owed to them by different state departments. The committee had however, on the other hand, raised some concerns, which are explained below.
Safety of papers The committee uncovered loopholes with regard to the security of ID papers and other official documents. The CEO mentioned that the paper moves between the State Information Technology Agency (SITA) and the Department of Home Affairs before it reaches the GPW for printing of IDs. The committee’s view was that in the middle of this process some of the papers end up in the hands of criminal who produce fraudulent IDs. The question is who between the three is to blame; GPW said it is clean and suspected that SITA is the one which poses serious security risk on the paper.
Old coat of arms
While IDs and other official documents have new coat of arms, passports are still left behind in the past – reflecting the old apartheid coat of arms. Nevertheless, Mr Moyane maintained that the South African passport is the best in the world.
Department of Home Affairs
Before the committee reached the Government Printing works, they decided to pay a surprise visit to the regional department of home affairs at corner Bosman and Pretorius, Pretoria. The committee moved quietly inside the department and joined queues as if they were coming to apply for official documents like any other person.
The committee discovered a number of problems at the department, and these are explained below.
Issues discovered
The committee witnessed two things happening at the department of home affairs:
Nametags
The committee realized that most of the home affairs officials, including their seniors, were working without their nametags on them. Some of the officials were arrogant when asked about why they did not wear their nametags, perhaps because they did not know the importance of wearing them.
Agencies
In the passport section it was found that there were agencies, which work to collect passports on behalf of other people. For example one man was found with a stack of passports and after been interrogated by the chairperson he claimed that he was collecting them on behalf of a particular family. The man further mentioned that he also work for the South African Football Association (SAFA) - collecting passports for players from the offices. However nothing wrong was found with the man as officials at the department also confirmed that he was known and confirmed that he is working for SAFA.
D. Committee recommendations
This section presents the committee recommendations to attempt to address the problems affecting the three institutions visited in Tshwane.
Concerning the IEC, the committee recommends that:
- There is a need to put more money for the commission to fully meet its plans
- There is a need to focus on voter education and inter-party relationships
- The number of voters needs to be increased
- Voting stations need to be put at walking distances to people
With regard to the Department of Home Affairs, the committee recommends that:
- Officials should wear their name takes during work hours
Concerning the Government Printing works, the committee recommends that:
- A joint meeting be held between the department of home affairs, GPW and Sita to discuss security issues
- Transformation should happen and staff must reflect the countries population
- The GPW should do away with the old code of arms on passports
- The GPW needs to be moved to a suitable building
-
The GPW needs to collect money owed by departments
Report to be considered.