National Assembly - 13 June 2007

WEDNESDAY, 13 JUNE 2007 __

                PROCEEDINGS OF THE NATIONAL ASSEMBLY
                                ____

The House met at 14:05.

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

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.

                         APPROPRIATION BILL

Resumption of Debate on Vote No 1 - The Presidency:

The PRESIDENT OF THE REPUBLIC: Madam Speaker and Deputy Speaker, hon Deputy President, hon members and guests, apart from the President, the Deputy President and the Minister in the Presidency, 25 hon members participated in yesterday’s debate on the budget of the Presidency. I would like to thank all the members for the support they expressed for our budget and for the constructive proposals they made to improve the functioning of government.

Apart from anything else, this emphasises the need for the Presidency, and the President in particular, to be conscious at all times of his or her responsibility and accountability to all our people without discrimination or partisan considerations, consistent with the prescripts contained in our Constitution.

I would like to believe that in this context we all heard and agreed with the appeal made by the hon Dr Mangosuthu Buthelezi concerning the need for all of us to respect the Office of the President. I presume that Parliament will give itself time to consider whether the route he proposed to address this matter is correct, and therefore examine his private member’s Bill.

However, whatever the outcome of that process, I do believe that he was indeed correct, as he has been in the past, to put on our agenda once again the vital issue of respect for the institutions of state as provided for in our Constitution, including the Presidency of the Republic.

I must say that I was also very encouraged by what seemed to be a great deal of consensus among the parties represented in this House about the challenges we face and the need for all of us to respond to these challenges in a manner intended to build the kind of South Africa prescribed by our Constitution.

On many occasions in the past I have tried to communicate the message that the most fundamental and historic problems facing our country and people should be a matter of common concern, transcending the partisan boundaries that separate us. Among these tasks are building a nonracial and nonsexist society; promoting national reconciliation, social cohesion, a shared national identity and inspiring our people with a feeling of hope; ensuring that we develop our economy to end poverty and guarantee a more equitable distribution of wealth; building a government machinery that responds adequately to the challenge of service delivery; and placing South Africa among those countries on our continent and in the rest of the world that fight for peace, for democracy, for human rights, for tolerance, for equality and for mutually beneficial co-operation among the nations.

During yesterday’s debate I gained the impression that by and large – and if nothing else – we had indeed at least come to understand that all these are common challenges, even if our responses to them may differ. However, the mere fact of recognising that these are problems that we must all address together lays the basis for us to engage one another in constructive debate to see whether we can develop a national consensus about what needs to be done to change our country for the better.

Once again, I’d like to thank the hon members for their interventions yesterday, which may indeed take us some distance away from the endless fractious debates to equally vigorous engagement in pursuit of common national goals, but, of course, without losing our individual party identities.

In this sense, the hon members did respond to the plea made by the hon Craig Morkel when he suggested that we should replace the word “opposition” with the words “nongoverning party”, citing the hon Dr Buthelezi when he said, and I quote:

The word “opposition” itself is loaded with gladiatorial connotations. Confrontation is inferred. Seizing the initiative often means waiting for the government to stumble or exposing some scandal or irregularity.

Happily, yesterday it did seem that again - and by and large - we came into the House without our gladiatorial armour and weaponry. [Laughter.] The hon Mdlalose pointed all of us in the right direction when she quoted from Sandile Dikeni’s poem A Love Poem for my Country, as follows:

My country
Is for unity
Feel the millions
See their passion
Their hands are joined together
There is hope in their eyes
We shall celebrate

But despite everything I have said, some comments made by the hon Stanley Simmons and by the hon Sandra Botha perhaps correctly brought us face to face with the hard reality we have to deal with, of perceptions we have to confront, centred around what the hon Leader of the Opposition denounced as “racial nationalism”. Because of the important issues the two hon members raised, I would like to deal with these instances in some detail.

The hon Simmons accused hon Minister Membathisi Mdladlana of making a racist remark directed against the coloured people. The hon Minister is not with us today as far as I know, as he is attending the annual International Labour Conference in Geneva. I will indeed find occasion when he is in the House to address the grave accusation made against him by the hon Simmons.

The hon Simmons also criticised my parliamentary counsellor, the hon John Jeffery. In this regard, the hon Simmons said that in response to his request “for an opportunity to discuss this issue” of a sense of belonging “around brown people”, my parliamentary counsellor had said, “No one is fit to discuss the issue of coloured people.”

Because of the seriousness of these assertions, I consulted the hon Jeffery about what exactly had happened. He confirmed that indeed the hon Simmons had requested to meet the President to discuss “concerns experienced among coloured people of being marginalised, or sidelined, in the greater South African context”.

The hon Jeffery then enquired whether this would be a delegation of the United Party of SA, Upsa, arguing that no single political party, including Upsa, could claim to represent and speak for the coloured people. [Applause.]

According to the hon Jeffery, the hon Simmons said he was speaking of a nonpartisan delegation and mentioned some of the people who would be in the delegation, all of whom are among our leading citizens. He undertook to speak to these people, constitute the non-partisan delegation and revert back to my parliamentary counsellor. This has not happened.

The hon Jeffery still expects the hon Simmons to come back to him so that he can take the necessary steps to arrange the meeting with the President requested by the hon Simmons. I would like to assure the hon Simmons that the hon John Jeffery and I have agreed that I should meet the Simmons delegation whenever it is ready and available. [Laughter.]

There is a simple rule of logic which says that two diametrically opposed statements about the same thing cannot both be correct. I must assume that the account I have just given represents what is sometimes described as a breakdown in communication, rather than an example of bad faith or misrepresentation of the truth.

However I must, at the same time, make the point that the story also tells us something about the persistence of the issue of racism in our minds and social reality, which resulted in conclusions being arrived at, that what was said in good faith in fact constituted a manifestation of vile racism.

Consistent with this frame of mind, the hon Simmons said yesterday:

The United Party of South Africa subsequently came to the conclusion that the hon President concurs with the hon Minister of Labour’s racist sentiment, putting a question mark behind the sincerity of the hon President’s calls for cohesion.

The best I can do in these circumstances is to assure the hon Simmons that the President has been involved in the organised and conscious struggle against racism in our country for over 50 years, and assume that he and the United Party of South Africa reached the conclusion he announced yesterday about the antiracist credentials of the President, once again, because of a breakdown in communication.

I am more than ready to meet the nonpartisan coloured or brown delegation he has presumably gathered, whenever he indicates to the hon John Jeffery that the delegation is ready to meet us. I wish the hon Simmons success in his work to constitute the delegation … [Laughter.] … and will formally inform the House once the requested meeting has taken place.

For her part, the hon Leader of the Opposition said:

Here, Mr President, are two latest examples of how the policies of racial nationalism divide our people and compromise service delivery.

Just two weeks ago, the choices for three top medical posts at two Western Cape hospitals were rejected by the provincial health department. Why? Because the candidates chosen by the institutions involved were white.

The result is a double loss to South Africa, because one of the candidates has given up hope and is now going, as it were, into voluntary exile in Australia. This, while disadvantaged South Africans dependent on the hospitals in question are having to wait longer to get the treatment they need, because the posts are now empty.

I cannot, for a moment, believe that is the intentional outcome of what you would like to achieve. But it is the outcome and, Mr President, you must take responsibility for it.

First of all, I must express my appreciation for the remark made by the hon Leader of the Opposition that I would not intentionally seek to deny our people adequate health care, as indeed I never would. Secondly, I must assume that the hon Sandra Botha said what she said in good faith, because she and the DA do care about the welfare of all our people. Thirdly, I must presume that the hon Leader of the Opposition based her comments on media reports and not any noxious concoction of fabrications brewed in the think- tanks of the DA.

The specific media report to which I refer is an article that was published in the 3 June 2007 edition of the Sunday Times, under the heading “Race quotas cripple hospitals”, with the subtitle “Surgery cancelled as province insists on hiring nonexistent black doctors.”

And indeed, as the hon Sandra Botha said, this article does state that the Western Cape provincial health authorities refused to appoint three white doctors to senior positions, that one of these has decided to emigrate to Australia, and that patients have to wait for long periods for treatment, because of the imposition of racial quotas.

Again, because these, like those made by the hon Stanley Simmons, are very serious allegations made by an elected representative of our people, I thought it was my responsibility to investigate what the hon Sandra Botha said, in order immediately to correct what was evidently an eminently unacceptable outcome of our policies to build a nonracial society.

I would like to inform the hon Leader of the Opposition and the House that the Sunday Times report, on which the hon Sandra Botha based her comments, is entirely false. To repeat - the Sunday Times report, on which the hon Sandra Botha based her comments, is entirely false.

Here are the facts. In 2005 the Western Cape health authorities published an advertisement requesting applications to fill the post of principal specialist in anaesthesiology and critical care tenable at Tygerberg Hospital. Three people applied but one decided to withdraw before the interviews were conducted.

It was then decided to readvertise the post in the hope that this would attract a larger number of applicants. Again, only three people applied. It was then decided to consider whether these applicants met some particular requirements, despite the apparently poor response to the advertisement. Principal among these requirements was the consideration whether the applicants were registered with the Health Professions Council of South Africa as Specialist Anaesthesiologists with experience in all areas of Anaesthesiology and Critical Care. On this basis, it was decided to interview all three applicants, all of whom were white.

However, two of them withdrew their applications before they were interviewed. The interviewing panel then went ahead and interviewed the one remaining applicant, the determination having been made that the obligation to provide health care to our people required that the post should be filled without further delay.

I am certain that the Western Cape government will shortly make an announcement in this regard, based on the recommendation of the interviewing panel. I trust that the hon Leader of the Opposition and the House will accept that all of us must await the announcement of the provincial government in this regard.

Reporting on this process, the Sunday Times said that “Dr Fred Mattheyse – one of the candidates whose appointment was deferred – is now leaving for Australia.” It quoted Dr Mattheyse as saying: “I’m leaving reluctantly but I have reached a ceiling in my career here.”

The truth, however, is that Dr Mattheyse was one of the three doctors who were scheduled to be interviewed for the post at Tygerberg Hospital. He, together with another doctor, withdrew his application before he was interviewed, and therefore, naturally, was not interviewed. In this regard I must repeat that Dr Mattheyse was competing for the post at Tygerberg Hospital against two white doctors, with no possibility that he could be passed over simply because there was a black and less qualified doctor applying for the same post.

Dr Mattheyse may indeed have decided to emigrate to Australia, as the Sunday Times and the hon Sandra Botha have said. But it is entirely false, and dishonest of the Sunday Times, to suggest that this was a result of the implementation of government policies that the hon Leader of the Opposition characterised as racial nationalism.

The hon Sandra Botha spoke of “three top medical posts at two Western Cape hospitals that were rejected by the Provincial Health Department because of this racial nationalism”. So far I have spoken of only one of these posts.

The Sunday Times said that the Head of Surgery at Groote Schuur Hospital, Prof Del Khan, had said:

The filling of two top posts at the hospital in the last six months had taken more than two years to finalise because the candidates had been white.

Presumably, these are two of the three to whom the hon Leader of the Opposition referred. In this context, I must say that we have spoken to Prof Del Khan and he says the two positions to which he referred have now been filled.

However, the Sunday Times article quotes another professor at Groote Schuur Hospital, Prof Bongani Mayosi. Contrary to what Prof Khan is alleged to have said, Prof Mayosi said “he had successfully motivated for three senior posts to be filled by white specialists, while training black specialists for the future.” This wording attributed to Prof Mayosi is highly tendentious. It is deliberately intended to convey two impressions consistent with the thesis alleging racial nationalism. One of these is that in the Western Cape, it is always necessary to motivate for the appointment of white specialists, who would otherwise be excluded from the Public Service because of the existence of racial quotas. The other is that the days of the white specialists are numbered, as they will be replaced by black specialists once these have been trained. Let me now deal with the truth. With regard to the three posts to which Prof Mayosi referred, these being three principal specialists, the professor said that in terms of the relevant employment policy, firstly, the applicants had to be medical doctors; and secondly, the applicants had to be recognised as scholars within the medical profession and registered with the Professional Health Council of SA as such.

It would only be after these two requirements were met that issues in our legislation concerning employment equity would kick in as only one of the factors in the selection process. It was on this basis that the three principal specialist posts were filled by three white doctors, with no need to persuade anybody about the suitability of these doctors.

Prof Mayosi insists quite correctly that our country is experiencing a serious shortage of many medical specialists. He sees it as his task to train as many young professionals as possible, including black professionals, to address this shortage. In the future situation of the equitable skills availability across the racial divide, the playing field will have been levelled, making it unnecessary to invoke the equity provisions in our Constitution and statutes.

The Sunday Times reported that, having heard the details of its fabricated story – The Democratic Alliance’s health spokesperson, Gareth Morgan, said: “this amounts to playing racial politics with patients’ lives.”

Responding to this story, one of the Sunday Times readers wrote:

Perhaps the ANC will use this for their next re-election propaganda speeches, showing that they are so determined to give black people a chance that they’d even sacrifice the lives of other people to make sure that the whites don’t have the opportunity to take their jobs.

They will certainly spare no lives to make sure white people don’t get a job in South Africa, which I’ve been saying over and over. It’s not about racism or correcting the wrongs of the past anymore, it’s about getting white people the hell out of Africa where they don’t belong.

Let us once again return to the difficult matter of the truth, contrary to the falsehoods peddled by the Sunday Times, which were seemingly readily accepted by the hon Leader of the Opposition.

Since last year, 2006, the Western Cape Provincial Health Authorities have appointed 72 specialists, 55 of whom are white and 17 black, to serve in the public health system. The Sunday Times could have accessed this information without difficulty before it published its dangerous falsehoods, as could have the hon Leader of the Opposition, before she advanced the extremely serious allegations she made yesterday.

It is difficult to avoid the conclusion that this was not done because the false story told by the Sunday Times was, for particular partisan reasons, too good to check and verify. This same mindset informs the persistent negative propaganda about our preparations for the 2010 Fifa Soccer World Cup, which strives to use the power of the word, conveyed in print and the airwaves, to present the physical bricks-and-mortar story visible to the naked eye at all the relevant stadiums, as being nothing more than a conjurer’s fiction or a desert mirage.

I believe that anyone among us who decides to resort to untruths, thus to advance their cause, dreaming that this would indeed promote their cause, should bear in mind the difficulty to which Shakespeare’s Hamlet referred when he spoke of the false comfort of false dreams and said:

… perchance to dream. Ay, there’s the rub; For in that sleep of death what dreams may come When we have shuffled off this mortal coil, Must give us pause.

As I said when I began this response to yesterday’s debate on the budget of the Presidency, I felt that we were at last beginning to move beyond the needlessly fractious debates of the past and had come into this House without our gladiatorial armour.

Despite everything I have said about the unfortunate remarks made by the hon Stanley Simmons and the hon Sandra Botha, I would like to think I was not wrong.

Nevertheless, I would like to say that there are some in our society who see it as their task to pull us backwards towards a future defined by the racial divisions and conflicts of the past from which we are striving to escape - the conflicts that killed Steven Bantu Biko, Mapetla Mohapi, Onkgopotse Tiro and countless others, sustained by the lies that were told then, which have as their kith and kin the lies that are told today.

I believe that those of us who serve in this House as the democratically elected peoples’ tribunes, have a responsibility to repudiate all falsehoods propagated to provoke confrontation among our people, that are intended to impose on us nonexistent differences that are impossible to reconcile and that are designed to abort the birth of the new, by imprisoning our minds within an inert world of thought that has no capacity to break out of an age of darkness which had required floods of human blood to destroy. I believe that the hon Mdlalose, borrowing the voice of a poet, and regardless of what might be happening on our streets today, was correct to say to us:

My country Is for unity Feel the millions See their passion Their hands are joined together There is hope in their eyes We shall celebrate

Tomorrow His Excellency President Joseph Kabila of the Democratic Republic of Congo will address a joint sitting of both Houses of Parliament and our nation from this podium. Whatever our own problems, this should give us an opportunity to salute and applaud the sister Congolese people for the truly great efforts they have made and are making to pull their country out of unimaginable depths of despair.

Hopefully, we will request him to convey a message to his people that the people of South Africa, because of their own experience, remain determined to hold hands with their sisters and brothers in the DRC as they begin their journey along the difficult road towards transforming the Democratic Republic of Congo into the progressive African giant it must and will be, towards the resumption by the Democratic Republic of Congo of its place as a bright star in the African sky, towards its reassertion of loyalty to the agenda of African renewal for whose accomplishment the immortal African patriot, Patrice Lumumba, an esteemed member of our National Order of Companions of OR Tambo, sacrificed his life.

Yesterday the hon Themba Godi of the PAC ended his intervention with the words:

To our Palestinian brothers and sisters, we humbly counsel: Peace among the Palestinians! War against the enemy!

I would like to take this opportunity to repeat after the hon Themba Godi: “To our Palestinian brothers and sisters, we humbly counsel: Peace among the Palestinians!”

As South African patriots, loyal supporters of the noble cause for the recovery of the national rights of the Palestinian people, the security of the state of Israel, and a just and stable peace throughout the Middle East, we cannot accept that the deadly fratricide engulfing occupied Palestine, especially Gaza, is either inevitable or desirable.

Twenty-five years ago, in 1982, addressing our own situation, our respected national hero, Oliver Tambo, said, and I quote: We have striven for seven decades to build one common nationhood, with one destiny. Our shared experience of collective sacrifices in the struggle for a common goal has knit us together as one solid block of liberation. The comradeship that we have formed in the trenches of freedom, transcending the barriers that the enemy sought to create, is a guarantee and a precondition for our victory. But we need still to build on this achievement. All of us – workers, peasants, students, priests, chiefs, traders, teachers, civil servants, poets, writers, men, women and youth, black and white – must take our common destiny in our own hands.

At this hour of great suffering for the people of Palestine, which in essence is no different from the dismal period in our country when enemies of our people, with their collaborators among us, instigated and sustained what was described as black-on-black violence, we would like to convey to our brothers and sisters in the Fatah and Hamas the same message that Oliver Tambo conveyed to the then struggling people of South Africa.

Your shared experience of collective sacrifice in the struggle for a common goal must knit you together as one solid block of liberation. Your comradeship is a guarantee and a precondition for your victory in the struggle for the emergence of an independent state of Palestine.

This victory is not possible on the basis of an internal war for hegemony, fought by the powerless to gain power over the powerless, at great cost to the masses that have placed their hopes in the hands of the leadership of both Fatah and Hamas. The incontrovertible truth is that a just peace with Israel is not possible when Palestine cannot make peace with itself.

Once more we make the heartfelt appeal – those who have ears to hear, let them hear – above the din of the guns, the bombs, the mortar shells, the angry shouts and the dirges of funeral marches in the desolate streets of the towns and the refugee camps of Gaza and the West Bank!

Let all of us learn from the inspiring African example of the Democratic Republic of Congo that, as the Book of Ecclesiastes says:

To everything there is a season, A time for every purpose under heaven: … A time to kill, And a time to heal … A time of war, And a time of peace.

Again, I would like to thank hon members for the constructive suggestions they made during the budget debate, which we will follow up.

I would also like to join hon Minister Pahad and the Deputy President in thanking all our Members of Parliament, the Ministers and Deputy Ministers, the patriots in the Presidency who constitute the hard-working staff headed by Rev Frank Chikane, everybody in all spheres of government, and everybody else in our country and abroad who have facilitated and supported the work of the Presidency, even to the point of lacing their compliments with words of flattery that feed our vanity! [Laughter.]

In particular, taking advantage of the fact that I am speaking in this truly august House of the elected representatives of our people, which all of us must respect, I would also like to salute and thank the hon Deputy President, Phumzile Mlambo-Ngcuka, whose extraordinary energy and dedication to her work and the welfare of our people, whose ability to demand and get results from all of us without sounding like a shrew, whose humility and aversion to personal aggrandisement in any form, whose humanity and empathy shine through in the most adverse circumstances, whose capacity to stand up for the species of her gender, yet remain feminine and still exercise effective leadership in what is still a predominantly masculine world, whose courage rises with danger, as the hon Inkosi Buthelezi said when he spoke of Albert Luthuli, whose training as a conscientious teacher she cannot hide, and whose instinctive comradeship and ability to listen and admit her own and the mistakes and failures of the Presidency all serve as the glue that holds all of us together as one team, even as we see ourselves as superstars. [Applause.]

I do believe that through her actions she has taught and is teaching us an important lesson about what it means to be a true leader of the people of South Africa in the challenging conditions of freedom, in which it is very, very easy indeed for the liberators to transform themselves into self- serving masters and mistresses, rather than servants of the people.

Life imposes on all of us, the elected representatives of our people, the obligation to rely on our conscience, our sense of self-respect and personal dignity, and our minds, beyond party programmes and beyond short- term personal interests, to decide what is right and what is wrong. On all this will be based the realisation of the dream that, as Sandile Dikeni said, we shall celebrate. I thank you for your attention. [Applause.]

Debate concluded.

The House adjourned at 14:48. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

ANNOUNCEMENTS National Assembly and National Council of Provinces

The Speaker and the Chairperson

  1. Classification of Bills by Joint Tagging Mechanism
 (1)    The Joint Tagging Mechanism, in terms of Joint Rule 160(6),
     classified the following Bills as section 75 Bills:


     (a)     South African Express Bill [B 14 – 2007] (National Assembly
         – sec 75)


     (b)     Taxation Laws Second Amendment Bill [B 19 – 2007] (National
         Assembly – sec 75)
 (2)    The Joint Tagging Mechanism, in terms of Joint Rule 160(6),
     classified the following Bill as a section 77 Bill:


      a) Taxation Laws Amendment Bill [B 18 – 2007].

COMMITTEE REPORTS

National Assembly and National Council of Provinces

  1. Report of the Joint Constitutional Review Committee, dated 25 May 2007:
 The Joint Committee on Constitutional Review met with Mr B Druchen,
 National Director, and a delegation from DEAF South Africa, on 16
 February 2007. The Committee had agreed to meet DEAFSA after receiving
 a request from them, to make representations to have South African Sign
 Language constitutionally recognized as the 12th official language.


 DEAFSA was requested to provide additional information regarding the
 implications of such an amendment, in order to enhance further
 deliberations.


 The Committee met on 16 March 2007 and had an in-depth discussion on
 the DEAFSA representation.


 The Joint Committee on Constitutional Review wishes to express its
 appreciation for the comprehensive motivation that was presented by
 DEAFSA, in its endeavors to have South Africa Sign Language (SASL)
 recognized as the 12th official language:


 The Joint Committee on Constitutional Review -


    1.  agrees that the status quo is unacceptable and discriminatory,
        as is being experienced by an appreciable section of our
        community;
    2.  recognizes that the accommodation of SASL as the 12th official
        language will have significant logistical and budgetary
        implications which would have to be investigated;
    3.  requests the Minister in the Presidency to consider convening a
        task team in conjunction with the Minister of Arts and Culture
        and Minister of Education to investigate this matter; and
    4.  urges the Pan South African Language Board to give credence to
        the instruction in section 6(5)(a)(iii) of the Constitution to
        promote SASL and report back to Parliament on progress that has
        been made in this regard.


 Report to considered.

National Assembly

  1. Report of the Portfolio Committee on Minerals and Energy on the Electricity Regulation Amendment Bill [B 20D - 2006] National Assembly - sec 76), dated 13 June 2007:

    The Portfolio Committee on Minerals and Energy, having considered the Electricity Regulation Amendment Bill [B 20D - 2006] (National Assembly - sec 76), amended by the National Council of Provinces and referred to the Committee, reports that it has agreed to the Bill.

  2. Report of the Portfolio Committee on Finance on the Taxation Laws Amendment Bill [B 18– 2007] (National Assembly – sec 77), dated 12 June 2007:

    The Portfolio Committee on Finance, having considered the subject of the Taxation Amendment Bill [B 18 – 2007] (National Assembly – sec 77), referred to it and classified by the Joint Tagging Mechanism as a Money Bill, reports that it has agreed to the Bill.

  3. Report of the Portfolio Committee on Finance on the Taxation Laws Second Amendment Bill [B 19– 2007] (National Assembly – sec 75), dated 12 June 2007: The Portfolio Committee on Finance, having considered the subject of the Taxation Second Amendment Bill [B 19 – 2007] (National Assembly – sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill without amendments.

  4. Report of the Portfolio Committee on Finance on the Banks Amendment Bill [B 12 – 2007 (National Assembly – sec 75), dated 13 June 2007:

    The Portfolio Committee on Finance, having considered the subject of the Banks Amendment Bill [B 19 – 2007] (National Assembly – sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B 12A -2007].

  5. Report of the Portfolio Committee on Foreign Affairs on International Study Tour Report: Sudan

  6. Background The Portfolio Committee on Foreign Affairs resolved to undertake a Study tour to The Sudan on the 16th- 27 November 2006. The Committee decided on the visit to empower itself in order to understand the current position of The Sudan mainly because South Africa had been appointed the Chairperson of the Post-conflict in The Sudan reconstruction by the African Union.

Sudanese mandate is critical to  bringing  about  peace  and  stability,
which is one of the key Foreign Policy pillars of South  Africa  in  its
quest to build and create a better Africa in the world. It was therefore
important that South Africa engaged the Sudanese, Government  and  other
stakeholders such as the civil  organisations,  political  organisations
and the Country’s Academics. It was the Committee’s  considered  opinion
therefore that for peace in the  Southern  Sudan  to  succeed,  it  will
depend on, among other things, South Africa’s ability to build peace  in
Darfur.
  1. Objectives of the visit:
• Assessing the deteriorating humanitarian situation in The Sudan
• Evaluating and observing the extent to  which  peace  agreements  have
  been implemented in Sudan
• Developing practical methodology in order to efficiently carry out the
  mandate South Africa is charged with.
• Exchanging  experiences  with  the  Sudanese  Parliamentarians  in  an
  attempt to attain peace in the horn of Africa.
• Understanding and monitoring the  conditions  under  which  the  South
  African contingent operate as deployed in Darfur
  1. Composition of the multiparty delegation:
    1. Ms SP Rwexana, Leader of Delegation (ANC)
    2. Mr MU Kalako (ANC)
    3. Dr M Sefularo (ANC)
    4. Mrs S Seaton (IFP)
    5. Dr M Van Dyk (DA)
    6. Mr Madikiza (UDM)
    7. MS B Cabangana (Committee Secretary)

N.B Mr S Tshivhula, Deputy Director of the Department of Foreign Affairs, dealing with the Horn of Africa and Sudan specifically joined the delegation.

  1. Structure of the Report

The report will attempt to outline the activities undertaken by the delegation pertaining to the objectives of the visit with various presentations made by various stakeholders, site visits, formal interactions and experiences identified by the Committee during the visit. Findings will cover all regions visited namely:

• Khartoum
• Darfur
• El Fasher
• Juba
  1. Meeting with the various stakeholders

The Committee met and interacted with the following stakeholders:

A. Khartoum • Speaker of the Sudan National Assembly • Parliamentary Committee on Foreign Affairs and Defence • Leaders of political parties in the National Assembly • Minister of Foreign Affairs • African Mission in Sudan • Leader of the Sudan Peoples Liberation Movement • Leader of the Umma Party • Leader of the Communist Party • Leader of the Popular National Congress • Chairperson of the Assessment & Evaluation Commission

B. Darfur Deputy Head of Mission Force Commander Wali of the North Darfur Internally Displaced Persons United Nations Aid Agencies Signatories & the Non-signatories of the Comprehensive Peace Agreement South African Military/Civil Police Personnel

C. Juba • Government of the Southern Sudan • Undersecretary of the Ministry of Regional Co-operation • Minister of Parliamentary Affairs

D. Kenya

• Parliamentary Committee of Foreign Affairs and Defence 6.    Findings

6.1 Khartoum

6.1.1 Government

(a) Speaker of the Sudan National Assembly – Honourable Ahmed Ebrahim Al- Tahier • The Comprehensive Peace agreement was signed on 09 January 2005 • Sudan had 570 ethnic groups and a 100 different spoken languages • In addition there was great diversity of cultures and religion • Sudan enjoyed 50 years of independence since 1956 • Khartoum National Assembly was a transitional parliament • 70 women representation totalling up to 16% members of parliament and some of which were leaders in their own right. • It was envisaged that Elections would be held in 2008/09 • One of the major questions to be resolved was whether or not the country should be split into autonomous states or should remain a unitary Sudan. • Much of the territories outside Khartoum have been historically neglected, causing backwardness and lack of infrastructural development in most areas.

(b) Minister of Foreign Affairs- Dr Lam Akol • Peace agreement was a solid basis towards the resolution of the conflict in Darfur • A few organisations remained outside of the agreement, refusing to sign • The non-signatories included the National Redemption Front, supported by Eritrea and Chad. • The Government of Sudan (GoS) was open to discuss the causes for the conflict with the idea to move forward • An important priority is the facilitation of humanitarian relief. • Position of the Sudanese government was accepting an African commander • Commissions became some of the structures to be established in sought of the solution • Intergovernmental Authority Unit found it difficult to monitor the structures • Issue of compensation were complicated • Government put aside 30 million rand, which the non-signatories is not enough. They proposed 300 million

(c) Parliamentary Committee on Foreign Affairs and Defence • The Committee was impressed with the assistance from South Africa in establishing peace initiatives under hostile circumstances in Sudan • Very happy to have South Africans coming to see what was happening than getting false perceptions from the media. • Always delighted to have well-wishers who would back up Sudan. • The media did not reflect reality in its reporting. Sudan maintained the position not to allow the UN to tell Sudan what to be done. • UN forces were not necessarily doing any good on the countries where they were currently deployed

(d) African Mission in Sudan • The memorandum of understanding had been prepared and was due to be sent shortly • African Mission in Sudan (AMIS) continued to experience logistical challenges such as lack of funds. • Logistical and personnel support were also an issue (more battalions were awaited) • Africans should not only rely on the assistance of the European Union (EU), but should organise to support their own initiatives. • Some of the causes of the conflict involved clashes between the Government of Sudan and non-signatories in Darfur • Performance of the African Union could not be duplicated by the deployed troops in other countries • There was an appeal to South Africa (SA) to add 100 more troops to get the full strength battalion. • Another issue was the problem with the main donors, the EU and the United States of America (USA), reducing the funding of the African Union (AU) mission • The general feeling of the opposition parties was that the implementation of the Commissions as well as the way they were being handled was not satisfactory

(e) The Umma Party-Mr Sadig Al Mahdi • Mr Al Mahdi indicated that the coup d’etat that took place in 1989 changed the political landscape which then resulted into a political polarisation • The UmmaParty rejected the Comprehensive Peace Agreement (CPA) mainly because it excluded other citizens of the country. • The CPA was more of a problem than a solution • The Darfur Peace Agreement (DPA) has also been an unsuccessful agreement which like the CPA was just wishful thinking • Part of the solution depends on the ceasefire, protection of civilians, bringing in the UN forces, reduction of the trans-border conflict and bringing an end to violation of the human rights

(f) The Sudan Peoples Liberation Movement/Army • According to the Sudanese People’s Liberation Movement/Army (SPLM/A), the cause of the conflict was as a result of the marginalisation of the Sudanese and the introduction of the Janjaweed by the Government of Sudan • SPLM/A was in favour of the United Nations because AMIS had failed to contain the situation in Darfur. • Particularly, the fact that the humanitarian situation continued to deteriorate unabated testified to that extent • SPLM/A welcomed South Africa‘s involvement in the resolution of he Darfur crisis.

(g) The Communist Party - Mr Ali Suliman Hamid Elhaj The following were 5 challenges outlined as challenges to the CPA • The CPA • The Abuja Accord • Cairo Accord • East Sudan Peace Agreement • Deteriorating Economic Situation (h) The Democratic Unionists Party-Mr Ali Hassanain V • Total peace has not yet been achieved in Darfur • Darfur remains a place of death and blood, meaning that the humanitarian situation has deteriorated • Government must be held accountable for the happenings in Darfur • Efforts should continue to resolve the in Darfur. • The Democratic Unionists are hopeful that time will come when good experiences of Darfur are exchanged

(i) The Popular National Congress- Dr Turabi • The Popular National Congress Party has always canvassed for peace and stability in Sudan • It has differed with the decentralization of the Sudan • Dr Turabi aired that the party had no conflicting resolutions with the governing party in The Sudan • He acknowledged that part of the conflict resulted from religious motivations and differences. • The Party believed that the CPA was not a coordinated and consistent peace process • The established Commissions were not significant to the process. • The feeling of the party was that Interests of the entire nation were not taken into consideration

(j) Chairperson of the Assessment & Evaluation Commission- (AEC) - Mr Tom Vraalsen • Mr Vraalsen communicated that there were unrealistic terms towards the implementation the CPA • He added that he was however happy about some of the positive activities that have taken place including the establishment of the Commissions • Oil remained the key issue in and around Sudan, and there was hope to generate revenue from it • The understanding expressed by the AEC was that should the CPA collapse, everything else would collapse. • The AEC was in communication with other political parties that were not necessarily involved in the CPA • The AEC was in no position to force the implementation of the CPA

(k) Briefing by the Ambassador, His Excellency Mampane

The Honourable Ambassador briefed the delegation on the following areas:

       I.     Understanding on the CPA

The CPA was signed on the 9th January 2005

• Boundaries demarcating regions (Commission submitted a report)
• No agreement could be reached about the report
• Would be administered at a later stager to make a decision
• Reaching a political agreement/settlement
• If the CPA remains unresolved, more hiccups could emanate
• Time frames remain to be a challenge and as such a need  to  speed  up
  the process


      II.    National Elections 2008

Electoral commission to enact legislation regulating elections that would be considered credible. A need to meet deadlines as the years unfolds.

       III.   Commissions established in terms of the CPA

In total, there are about nine commissions. They are like the task teams that were created under the Interim Executive Authority during the SA Negotiations at CODESA. Among the commissions, the following are important • Assessment Evaluation Commission (EAC)- evaluating progress made by the other commissions to implement the CPA • National Petroleum Commission • Ceasefire Commission in place but vary in terms of success achieved up to this point. • National Financial Commission • Judicial Service Commission • Bank of Sudan • Human Rights Commission (Not yet established) • South-North Border Commission • Civil society Commission (Not yet established) • Land Commission (Not yet established) • Ad-hoc Border Commission

       IV.    Darfur Peace Agreement



• Pressure on the African union to sign  the  agreement  after  enormous
  pressure by the US
• Challenge. No process of the implementation of the DPA
• Non-signatories formed the National Redemption Front fighting the DPA,
  which then explained the ongoing conflict in Darfur
• The groups are splitting up further and as such there  is  an  ongoing
  trend of groups emerging and breaking up.
• As long as there is conflict in the North, the South would  never  get
  to develop.
• This has influenced the motives of the conflict.
• Sudan is on  a  serious  campaign  to  allow  the  UN  to  remain  the
  monitoring body



       V.     Reasons for the ongoing conflict in Darfur



▪ Intergovernmental Authority on Development (IGAD)  does  not  continue
  to have an  effective  role  to  play  in  as  far  as  evaluation  is
  concerned.
▪ There was not much done to  ensure  that  consistency  allows  for  an
  ongoing role and a mechanism to fall back on.
▪ Another challenge has been less communication between the  big  bodies
  and the countries concerned.
▪ National Congress Party objects to the deployment of the UN forces
▪ SLM and  other  parties  support  the  deployment  of  the  UN  forces
  because that would take care of the lives of the people  who  continue
  to die as a result of the conflict.
▪ Cross border involvement in the conflict
▪  Government   forces   destabilized   the   community   and   enhanced
  destruction in Darfur
▪ There is a planned Darfur-Darfur Dialogue, which has not  taken  place
  yet. There is still hope that it will take place.



       VI.    Impact on the neighbouring countries



▪ Chad has been drawn into  conflict,  with  mutual  accusation  between
  the GoS and the Chadian government that the one  is  sponsoring  anti-
  government rebels
▪ On the Eastern front, Eritrea has also harboured Sudanese rebels

6.2 Darfur

(l) Meeting with the Acting Deputy Head of Mission- Ambassador. Hassan Gibril

    Background

The situation in Darfur has the following main groupings involved in armed conflict • Signatories to the DPA • Non-signatories • Rebels • Janjaweed (Arab and Islamisists forces, including nomads, who are believed to be armed by the GoS)

Fragmentation of the parties has led to the following • Since the 11 of November fighting has escalated. • Increased banditry activities- patrols have been increased to monitor targeted areas • Increased attacks on civilians, causing internal displacement of mainly women and children • Most if not all of their properties and livelihood are destroyed during the attacks • There is occurrence of systematic rape of women as an act of aggression

    Achievements by AMIS

   Significantly reduced massed killings
   Instilled confidence on the people



    Challenges

  • Under  5500  Troops  in  an  Operational  Area  of  50,0000  Square
    kilometres
  • Significant areas left without coverage- e.g. Sector 6- covered  by
    SA
  • Inadequate troops to implement tasks
  • Deployment timelines were not adhered to
  • New sectoral structure proposed to ensure security in Darfur
  • There is a need to take strength of the troops to a total of 5936
  • Government of  Sudan  patrol  vehicles  are  the  same  with  those
    provided by the AMIS - rebels cannot tell the difference

(m) Meeting with the Wali (Governor) of El Fasher-

The Wali briefed the Committee on the following areas:

  On Darfur

       • Darfur is a wide spread centre of crisis. Everything stems from
         the crisis
       • Media transfers issues to  other  causes  which  might  not  be
         factual
       • Reality reflects that there is no stability at all in Darfur
       • Humanitarian situation is deteriorating  as  indicated  by  the
         media, but we maintain that,  there  has  been  a  considerable
         progress.
       • Main crisis reported on the researched report: Hijacking cars
       • In 2004, crisis declined
       • 2006, before signing the agreement in Abuja,  430  crimes  were
         reported
       • In 2005 the total no. of crimes has declined up to 560 (?)
       • Percentage of improvement over the past 9 months

I. On the Internally Displaced Persons (IDPs) • 5 major IDP camps with the total of 300600 • All the IDPs deliver in regular areas • Anything that disputes these statistics is not correct • The affected people receive 80% of assistance (water and other services) • United Nations Children’s Fund (UNICEF) report details that there is some assistance to the affected families which then shows some improvement • UNICEF/UN agencies are assisting the government. • IDPs even have sporting teams • IDP and children have access to good water, education and food which are all free

  On the DPA



   The disagreements affecting the citizens- position of Darfur


  • The Wali believes that there needs to be an end to the situation by
    bringing forth all  the  parties  related  to  the  Darfur  problem
    including the International communities such as the UN.
  • He supports the DPA but it does not solve most problems
  • He was encouraging the international  community  to  take  part  in
    signing and coming to the DPA
  • There were hopes to discuss the matter of the authorization of  the
    deployment of the        troops
  • There should be compensation for IDPs as mentioned in the DPA
  • GoS has increased its contribution  from  $30m  to  $100m  and  are
    calling for
  • an increase in the funds provided to the IDPs
  • Darfur should be a united region, not divided into three states  as
    is the case at present

(n) Meeting with the South African Sector Commander (Sector 6, Kutum)- Col R G Lourens

I. Background

• Troops deployed in 2004 as the South African  National  Contingent  in
  Darfur comprising of 50 members  of  the  SA  National  Defence  Force
  members (Fourth Contingent)
• No fatalities experienced by the South  African  troops,  compared  to
  those of other countries
• The main mission is to provide protection to the civilians of Darfur
• Present situation is very hostile rebel leaders feel betrayed by their
  leaders
• AU Mission has been extended until December 2006
• Further UN/AU would be taken further to the DPA.
• The AU deployed AMIS to Darfur in good faith  to  achieve  a  daunting
  task-We must not fail
• Approval granted to increase the force levels to 556 members
• Deteriorating humanitarian situation
• Ambush and attacks on AMIS and humanitarian personnel
• SA troops delivered 7 new born babies to the local community
• Some of the rebels seek refuge within the  IDPs  to  seek  refuge  and
  humanitarian assistance
• Division of Darfur, the Northern part to rich people
• Failure to have meetings with the AU in 5 months has kept the  process
  to stabilize Darfur slow

6.3. Kutum

(a) Visit to the IDPS • Properties belonging to 24000 people were burnt down • No patrolling at night • Rape cases reported and no protection of women/victims • Movement within the areas is restricted

  NB 450 additional IDPs arrived two nights  before  the  visit  by  the
  delegation

(b) Meeting with the NGOs • Representatives of some of the Non Governmental Organisations (NGOs) alluded to the fact that circumstances deteriorated with the inception of the CPA • They added that some areas have been neglected because of the scope of the assistance offered by the NGOs • Logistical and financial support from the donors declined dramatically and this has impacted on the extent to which assistance could be offered

(c) AMIS mandate • The AMIS is mandated to contribute to the improvement of the security situation in Darfur and the return of refugees and IDPs to their homes • Far behind the timelines for the implementation of the DPA • Actions of non-signatories to the DPA are not accounted for • Janjaweed cannot be followed up

(d) Threats against the AMIS – AMIS faces challenges in the following areas:

• Against the force
• Against the signatories
• Against the security

(e) Meeting with the Non-Signatories to the DPA namely, the Sudanese Liberation

[Army - SLA - and Justice and Equality Movement – JEM (Members of the Ceasefire Committee in attendance)]

  Background

• Members of  the  Justice  and  Equality  Movement  acknowledged  South
  Africa’s role in ensuring peace in Darfur
• They added that war has had  a  devastating  impact  on  the  ordinary
  people of Darfur
• Solution should be found around the table not with the arms
• They did not sign because they don’t want peace, but differed with the
  manner in which peace is sought
• While the main agreement was for humanitarian purpose,  the  situation
  has worsened than before
• They decided to go into negotiations on the elements of Abuja
• Certain elements needed to achieve peace on the Abuja agreement
• Possibility of extending the views if  there  are  contacts  with  the
  delegation
• Verified that the purpose is to achieve peace in every possible way


  On the Darfur Peace Agreement

Their reasons for not signing are as follows: • Regional disputes • Govt should compensate the families whose houses have been destroyed • Disarm the Janjaweed to enable people to return home safely • Sharing of power and resources • Already about 10 thousand deployed Janjaweed troops across Darfur • The JEM would like more career positions within the Government and civil service • Ensuring that the DPA is realistic and addresses the concerns affecting the people • Public participation and justice

  On the AU

• Regular meetings should take place with the  AU  and  these  have  not
  taken place and this is not right because  concerns  of  the  JEM  and
  interests are not taken into consideration
• There are crucial things that the AU does not  know  about  which  are
  happening on the field. These could be communicated  through  meetings
  that the AU is not committing to.
• Lack of communication between the AU and the JEM
• The JEM Waited to hear from the AU to respond to the letter  that  the
  JEM had written indicating their wish to meet the AU
• No one from the AU ever showed interest in negotiating with the JEM
• Two committees between JME and the SLM to convene meeting dealing with
  the conflict-resolution
• No meetings with the AU have been convened

(f) Meeting with the Signatories of the DPA- the SLA, Free Will Movement and the GoS

I. The SLA (Free Will Movement) on the DPA • The signatories of the DPA indicated that all the parties wish to further the interests of the agreement • They are not aware why other parties did not sign, never been told the reasons • There should be a time-table of the activities of the agreement • It is not clear who is following the principles of the agreement • Signatories and monitors agreed in Abuja that parties that have not signed should be fined. Those fines have not been administered • The Free Will Movement have experienced co-operation from the Government • The Movement has complied wit the principles of the agreement to ensure peace in Darfur • Up to this time, still concerned with the programme of power sharing in Darfur • Wish to call upon the international community to ask the non- signatories to play along (sign) • There is a misunderstanding between Sudan and Chad and this impacts of the stability of the country • Everyone who commits crime should be punished • There is a need for the politicians in Sudan/ Khartoum to carry on with the peace agreements

  On the Janjaweed - The position of the GoS



• Government of Sudan is responsible for disarming the Janjaweeed
• A plan has been established to attend to the conflict and a  copy  has
  been  sent  through  to  various  parties  who  would  make   valuable
  contribution towards it
• Media is not doing a great job in the country.
• Allegations have not been proved
• Not happy with the mandate of the AU.
• Africans should start doing their own business and  not  rely  on  the
  assistance of the European union


  On the role played by the AU


• The SLA has always been asking for more troops,
• It is not clear why the troops have not been assisted with  everything
  that they have requested to play a more effective role
• Donors should assist the AU when required, however the problem is  for
  Africans and should be solved by the Africans.

6.4 Juba- Southern Sudan

(a) Meeting with the Undersecretary of the Ministry of Regional Co- operation- Dr Cirino Hiteng Ofuho

• Highlighted the issue of insufficient  space  to  carry  on  with  the
  parliamentary business.
• But commented that there has been some progress  since  20  years  ago
  when meetings and official business was done under the trees

(b) Meeting with the Minister of the Parliamentary Affairs: HE Gabriel Changson Chang

      On the CPA

CPA provisions are • Government of National Unity (GNU) adopted a federal government comprising of all political parties • Some parties chose not to take part in the process • CPA –interim constitution was legislated, enacted and is now in operation • Legislature has two parts- National Assembly and the Council of States • CPA talks about power sharing between the North and the South • The National Congress Party as the major party, has 52% • South- SPLM has 28% • Other political parties of the south have 14% • SPLM leaders have been appointed to key branches- the cabinet • The President comes from the NCP while the Vice President is from SPLM • National Assembly- total of 120 members

  Power-sharing ratios with in the South Sudan

  • SPLM has 70%, NCP - 15% and other parties have 15% according to the
    CPA
  • This is a transitional arrangement for  peace  to  prevail  in  The
    Sudan
  • Interim constitution  for  The  Sudan  was  passed  (governing  the
    activities of the Southern Sudan)
  • The CPA endorsed an arrangement that  already  existed  within  the
    states (separate constitution)
  • Office  holders  of  these  institutions  are  appointed  based  on
    consultation with political parties
  • SPLM is represented across the board  because  of  the  portion  it
    enjoys. This means that not all political parties are represented
  • NC has 26 members and other 6 political parties share the remaining
    seats


  Wealth sharing


• CPA outlines what resources to be shared between the government of the
  South and that of the National Unity
• Nett Oil Revenue is to be split between the two governments
• Deductions include the share that goes to  the  investing  parties  as
  well as running cost including transportation, pipeline and incidental
  costs
• 2 % deducted to the oil producing state
• Remaining balance is split into half (50/50)
• CPA also clarified the taxes to be collected at the levels of the GoS,
  GNU and the state
• Government of the  Southern  Sudan  relies  specifically  on  the  oil
  revenue which is very vulnerable because of the various changes  going
  on


  Security arrangement

• There should be established a Joint integrated Unit force made  up  of
  39 thousand troops that are split into 24  thousand  stations  in  the
  South
• SPLA 12 thousand plus
• Khartoum has 10000 split into two
• Running the security affairs in Sudan
• SPLA forces should not be in the designated areas


  Challenges within the CPA


• There is a delay in withdrawal of forces by the GoS
• North-South boundary is yet to be determined
• The number  of  armed  forces  that  would  contribute  to  the  joint
  integrated unit
• This arrangement did not go as planned
• Some forces have not joined any of the forces agreed upon in the CPA
• Movement of the South forces towards the North,
• The demarcation of the boundaries and the oil fields has an impact  on
  progressing with the census in preparation of the elections
• Capacitating the ministers, members of parliament and  civil  servants
  to enable them to understand and deal with the affairs  of  governance
  and service delivery
• Resources are not available in the country
• Central forces aligned to the GoS are ambushing transport that  comes
  to South for assistance and close roads to the central  South  in  an
  attempt to prevent development of the South
• Population can never be less than 10 million.



  Threats to the CPA

• Lack of service delivery
• Border demarcation
• Elections
• Strongly upholding the provisions of the CPA because it is this
  agreement that will carry through the Sudanese during the interim
  phase

(c) Meeting with the Speaker of the Southern Sudan Legislative Assembly Lt- Hon. Lt. Gen. Wani Igga • The speaker expressed his sincere gratitude relating to the visit of members of the South African parliament. • Highlighted the role played by South Africa in bringing the present peace in The Sudan • He indicated that the Assembly was in total support of the CPA even though there ongoing challenges • Explained one major success: the existence of the Government of National Unity, two houses in Khartoum, Government of the Southern Sudan (GoSS), Southern Sudan Liberation Army and the State Governments • Welcomed the involvement of the International community to ensure that principles of the CPA were carried through • Adamant that elections will take place in 2011 • Expressed a need in the fields of training for staff and MPs in Sudan, Exchange visits by MPs and staff of parliaments and the meeting between the Secretariats of the African National Congress and the Sudan People Liberation Movement to step up common programs

6.5 Kenya, Nairobi

(a) Briefing by the High Commissioner-HE Msimang

• The High Commissioner informed the Committee of the following:
• Kenya s going through some political turmoil
• Last year, a new constitution  was  meant  to  be  adopted  after  the
  election of President Kibaki
• MOU never adhered to that would see a government representative of all
  the political parties
• President Kibaki shelved the MOU and this led to a dysfunction in  the
  Government of Kenya
• At some point- cabinet failed to meet for more than 9 months
• Wide consultation through out the country to indicate what could  work
  for the country
• Bomas draft- contributions of everyone- never happened
• As a result a Gilifi draft  was  decided  upon-  which  called  for  a
  referendum on the new Constitution
• Government lost to the opposition political parties
• The president decided to react  by  halting  government  meetings  and
  parliamentary activities
• New cabinet ministers  were  appointed  by  the  President  with  some
  designated persons declining
• The government started to function and there are only two  years  left
  before the next elections
• Government is trapped in corruption scandals
• Donor countries have squeezed and pressured government to react
• No hope that anything would happen soon

I. Economy • Growth Domestic Product (GDP) is at growing at 5.8% per annum • Country is doing well despite droughts experienced last year • About 32 South African companies have invested in Kenya • President Moi and the then South African President never saw eye to eye which strained relations within the mission and other South African visitors • Joint Cooperation Commission with Kenya is proposed to be signed some time in 2007 • This might introduce some progress in the manner in which things are done in Kenya politically and otherwise

II. Crime • Cases of violent crimes • Attacks of Diplomats • An alarming security situation in the country

(b) Meeting with the Parliamentary Committee on Foreign Affairs and Defence The purpose of the meeting was to allow the South African delegation to engage with the Kenyan Committee in order to understand how both committees operate.

The following are some of the key points addressed: • The Kenyan Parliamentary Committee acknowledged that a huge task remained for the entire world to search for peace and stability in the Middle East, Israel, Darfur, Palestine, Lebanon, Afghanistan and Iraq • Both Committees comprised of various parties represented in parliament • Gender was considered when looking into the Committee’s composition • The Committees enable members to exercise their mandate when monitoring Foreign Affairs issues locally and abroad • The Kenyan Committee members invited the South African Committee to maintain the established relation by means of a visit to engage both committees in detail.

  1. Conclusion

The delegation viewed the study tour as an eye opening experience and all members felt honoured to have been part of the fact-finding delegation. Having met with the relevant stakeholders, the delegation acknowledged that objectives of the visit were met. However, the delegation acknowledged that another follow up visit would be necessary to ensure that the agreed terms have been adhered to. Members were satisfied that meetings held allowed them an opportunity to understand the very complicated history of The Sudan, Darfur and the Southern Sudan, Juba.

  1. Recommendations Having monitored and evaluated the situation in Darfur, Sudan and Juba, the delegation recommends the following:

    • The Government of South Africa and responsible stakeholders should Increase the forces in Darfur to ensure effective peacekeeping in the Darfur region to alleviate the human sufferings • The general Sudanese opinion seems to choose the UN to monitor Darfur instead of the AU. An international structure comprising both the AU and the UN should be established to oversee the implementation and the review of certain terms of the CPA and the DPA where and if necessary • The Committee mandates the leader of the delegation to urgently consult with the Chairperson of the Portfolio Committee on Foreign Affairs to convene an extended PC meeting for consultation and way forward • A request must be made with the Peace and Security committee of the AU to (a) Increase the mandate of the forces in Darfur

     (b) Provide necessary equipment to assist the troops in executing their task
     (c) Call for the involvement of the UN troops
     (d) Strengthen the Assessment and Evaluation Committee with the role
    players involved
    

Glossary

AEC Assessment and Evaluation Commission AMIS African Mission in Sudan AU African Union CP Communist Party CPA Comprehensive Peace Agreement GDP Growth Domestic Product GoSS Government of the Southern Sudan GoNU Government of National Unity DPA Darfur Peace Agreement IDP Internally Displaced Persons JEM Justice Equality Movement NGO Non-Governmental Organisation PNC Popular National Congress SLA Sudanese Liberation Army SNA Sudan National Assembly SPLM /A Sudan Peoples Liberation Movement/Army SSLA South Sudan Liberation Army UN United Nations

  1. Report of the Portfolio Committee on Foreign Affairs on the India, Brazil, and South Africa (IBSA) Summit that took place in Brasilia, Brazil, on 13 September 2006:

  2. Introduction

The Portfolio Committee on Foreign Affairs exercises oversight of the Department of Foreign Affairs in line with the constitutional mandate set out in section 55(2) of the Constitution. The Portfolio Committee on Foreign Affairs adopted a resolution on 29 August 2006 to send a multi- party parliamentary delegation to the first IBSA summit held in Brasilia, Brazil, on 13 September 2006.

  1. Delegation

The delegation was as follow:

  1. Ms F Hajiag, ANC (Leader of the delegation)
  2. Mr B Skosana, IFP
  3. Mr A Hermans, Support Staff

  4. Background

Following ongoing interactions between South Africa, India and Brazil, and after the initial discussion between the Heads of State and Government of their countries at the G-8 summit in Evian in 2003, the relationship between theses countries was subsequently formalised with the adoption of the Brasilia declaration on 6 June 2006.

The main objectives of the IBSA Dialogue Forum can be summarised as follows:

  1. To promote South-South dialogue, cooperation and common positions on issues of international importance;
  2. To promote trade and investment opportunities between the three regions;
  3. To promote international poverty alleviation and social development;
    1. To promote the trilateral exchange of information, international best practises, technologies and skills, as well as to compliment each others competitive strengths and collective synergies; and
    2. To promote corporation in a broad range of areas, namely agriculture, climate change, culture, defence, education, energy, health, information society, science and technology, social development, trade and investment, tourism and transport.
  4. Purpose

The IBSA summit held in Brasilia was to strengthen the trilateral relations which were the culmination of the three IBSA Ministerial Trilateral Joint Commission meetings held in New Delhi (2004), Cape Town (2005) and Rio de Janeiro (2006) respectively. This partnership is a major development in the area of South-South cooperation. These countries have developed substantial capabilities in different sectors, but they still have to be utilised for the benefit of the South in general.

The major objectives for the summit were as follows:

  1. To deepen the South-South dialogue and cooperation within the IBSA context;
  2. To intensify and enhance coordinated positions on the multilateral fora;
    1. To further promote the combination of the collective strengths of the three IBSA countries into complimentaries;
  3. To further consolidate the three continents Southern regions on all levels;
  4. To further promote trade and investment opportunities and development of new markets;
    1. To take stock of achievements so far in terms of broad range of IBSA cooperation areas that would lead to technology, information and skills transfers, social development, poverty alleviation, job creation etc;
    2. To issue a joint declaration between the IBSA Heads of State/Government after concluding the summit;
  5. To review programme on three key areas of trilateral cooperation, i.e.
    1. Energy
    2. Transport and
    3. Climate Change; and
    4. To conclude Trilateral Agreements/MOU: Transport, Agriculture, Energy, ICT and Trade facilitation.
  6. The IBSA Summit

The IBSA Dialogue Forum has regular consultations at Senior Official (Focal Point), Ministerial (Trilateral Joint Commissions) and Heads of State and Government (Summit) levels, but also facilitates interaction amongst academia, business and other members of civil society.

5.1 Academic Summit

The Heads of States Summit was preceded by two parallel events on 12 September 2006, the Academic Seminar attended by academia, and a Business Meeting, attended by captains of industry from the respective countries. As these were parallel events, the delegation attended the Academic Summit at the Itemaraty Palace, in Brasilia. The seminar was hosted by the Gusmoa Foundation and chaired by its Director, Ambassador Moscardi and Prof Cardim of IPRI. The Academic Summit mainly focussed on the following themes: a) Science and Technology and Innovation and Economic Development and Cooperation. b) Public Policies and Social development. c) Democracy and Cultural Diversity.

The consensus views expressed during the discussions on Science and Technology and Innovation, and Economic Development and Cooperation could be captured as follows:

 1. Technological development in the developing world is lagging behind
    and  IBSA  countries  should  take  the  lead  in  developing   new
    technology.
 2. In  order  to  make  large  sectors  of  IBSA’s  industry  globally
    competitive requires public investment in both old and  new  nature
    technologies.
 3. Investment in Research and Development (R and D) from  both  public
    and private  sector  to  ensure  that  IBSA  countries  become  the
    catalyst for new technological development is crucial.
 4. IBSA  countries  have  significant  technological  capabilities  in
    different fields and cooperation could take these  capabilities  to
    new heights that could also benefit the developing world.
 5. Closer relations should be  forged  between  the  various  research
    institutions, academia and industries to provide  both  the  vision
    and expertise to develop the next generation of systems.
 6. Joint research projects on various matters of communality should be
    encouraged, as it would also facilitate the flow of information.
 7. Cooperation in the area of developing safe,  renewable,  affordable
    and environmentally sustainable energy sources  to  the  collective
    benefit of all  three  countries  should  continue  as  this  would
    benefit rural communities

The consensus views expressed during the discussions on Public Policy and Social Development could be captured as follows:

 8. The issue of poverty in IBSA countries  and  how  to  address  this
    anomaly within the context of a global economy was a major concern.
 9. There was consensus that there is a need to close the  gap  between
    the  rich  and  poor,   and   that   public   policy   should   not
    unintentionally widen the gap.
10. The empowerment of the marginalized, especially the poor and women,
    through  public  policy  interventions  in  IBSA   countries   were
    welcomed.
11. Within the process of economic reform  and  deregulation  lies  the
    challenge for policy makers  to  ensure  that  through  appropriate
    public policy interventions, with respect  to  social  development,
    the role of government should not be shrinking.   5.12      HIV/AIDS remains  the  major  threat  against  economic  growth,
    alleviation of poverty and democracy,  and  IBSA  should  lead  the
    global campaign to fight HIV/AIDS.   5.13      The pooling of resources  to  develop  vaccines,  not  only  for
    HIV/AIDS but other diseases, to resolve the common problem of  IBSA
    countries is crucial to ensure that IBSA becomes a global  economic
    force.   5.14      The issues of intellectual property rights  and  its  impact  on
    access of medicine for the poor provoked passionate debate.

The consensus views expressed during the discussions on the Democracy and Cultural diversify could be captured as follows:

  1. A countries face similar challengers that of poverty, unemployment, land reform and women emancipation.
  2. IBSA countries have rich cultural mixes trying to overcome the legacy of colonialisaton and the subordination of indigenous cultures.
  3. IBSA countries should build on areas of common value.
  4. IBSA countries believe that the strengthening of democracy, through its various constitutional institutions, would enable conflicts to be resolved.
  5. Largest democracy respectively on each of the continents committed to economic growth, with social equity and inclusion.

  6. IBSA Dialogue Forum, Brasilia – 13 September 2006

6.1 Meeting of the Heads of State and Government, Ministers, and Business leaders.

The Heads of State and of Government made general remarks on the common challenges, the need for closer cooperation and the need to share information and best practise. The IBSA dialogue forum brought together three countries from different continents to consult and coordinate on global issues of concern is without precedent.

The views expressed by the Head of State and Government can be summarised as follows:

  1. The need to forge closer relations with the South cannot be overemphasised.
  2. The exchange of experiences, to found common ground on cultural issues, trade and investment, and development in science and technology is crucial, as it would have a positive impact on the South.
  3. The vision to improve the quality of life for all, closing the gap between the rich and poor are shared goals and can be achieved through combining the capacity of IBSA countries to fasten this process.
  4. Interaction should translate into practical, real cooperation which impacts on the economy, trade, investment, and producing conditions to address these challenges.
  5. There should be a common resolve to remove obstacles that impede this process, as there are significant synergies between these countries that have developed significant capabilities in different sectors over the years.
  6. The IBSA countries cooperation within the framework of the G-20 developing countries has facilitated coalition building on World Trade Organisation (WTO) issues.
  7. The leaders express the importance of IBSA countries in playing a leading role in the multilateral trade negotiations in developing a more constructive proactive agenda.

Views expressed by the Chief Executive Officers can be summarised as follows:

  1. The South African private sector has a special history with India and Brazil and through continued interaction on the economic front can address the challenges faced within the global environment.
  2. Business leaders were encouraged by the invitation to attend the summit as it could form the catalyst for unblocking economic cooperation among the IBSSA countries.
  3. The establishment of IBSA Business Council to facilitate areas of business growth and remove impediments that would hinder free trade was mooted.
  4. The Business community has the shared goal of eliminating poverty, creation of jobs, and contributing to economic growth.

7.2 Signing of Agreements by Ministers

One of the objectives of the IBSA summit was to conclude Trilateral Agreements/ Memoranda of Understanding (MOU). Below is the list of MOUs signed. See Annexure A for full details.

  1. IBSA Acton Plan on Trade facilitation for Standards, Technical Regulations and Conformity Assessment.
  2. Memorandum of Understanding on Biofuels.
  3. Memorandum of Understanding on Trilateral Cooperation on Agriculture and Allied Fields.
  4. IBSA Trilateral Agreement Concerning Merchant Shipping and other Marine Transport Related Matters.
  5. IBSA framework of Cooperation on Information Society.

7.3 Joint Press Statement

At the end of the proceedings the Heads of State and Leader of Government issued a Joint Press Statement at the conclusion of the Summit. The salient points are highlighted.

  1. The three leaders reaffirmed their commitment to promotion of peace, security and sustainable economic and social development on the world and in their respective regions.
  2. They reiterated the support for the comprehensive reform of the United Nations Organisation (UNO) and welcomed the creation of the Peacebuilding Commission and Human Rights Council.
  3. They unequivocally condemned terrorism in all forms and manifestation.
  4. They expressed their outrage at the terrorist attacks on 11 July 2006 in Mumbai.
  5. They reiterated their strong commitment to the Action against Hunger and Poverty Initiative and, in particular, the Millennium Declaration and the 2005 World Summit Outcome.
  6. They committed themselves to further enhancing the trilateral cooperation in the field of HIV/AIDS, Malaria and Tuberculosis.
  7. They shared common vision regarding the promotion and protection of human rights.
  8. They share similar views regarding the importance of achieving sustainable development and eradication of poverty.
  9. They took stock of the global security situation concerning disarmament and the non-proliferation of weapons of mass destruction.
  10. They reaffirmed the inalienable right of all States to peaceful application of nuclear energy, consistent with their international legal obligations.
  11. They deeply regretted that the WTO’s Doha Development Agenda negotiations have been suspended.
  12. They reiterated their commitment towards a fairer global trading system.
  13. They reviewed initiatives for further trilateral sectoral cooperation.
  14. They expressed their deep satisfaction with the signing of the IBSA Acton Plan on Trade facilitation for Standards, Technical Regulations and Conformity Assessment.
  15. They expressed they full support and commitment to the expeditious establishment of the Working Group to focus on the modalities for the envisaged India-Mercosur-SACU trilateral Free Trade Area.
  16. They reaffirmed the importance of ongoing India-Mercosur and Mercosur_SACU negotiations.
  17. They expressed the satisfaction of the presence of the important high- level business delegation from India, Brazil and South Africa.
  18. They expressed they deep appreciation for the signature of a Memorandum of Understanding on Biofuels.
  19. The Prime Minister of India and the President of South Africa praised the Ethanol international initiative launched by Brazil.
  20. They agreed that the Memorandum of Understanding on Trilateral Cooperation on Agriculture and Allied Fields would be an important instrument to promote socio-economic development.
  21. They welcomed the signing of the IBSA Trilateral Agreement Concerning Merchant Shipping and other Marine Transport Related Matters.
  22. They emphasised the importance of implementing the Memorandum of Understanding of Civil Aviation as soon as possible.
  23. They expressed the satisfaction with the signing of the IBSA framework of Cooperation on Information Society.
  24. They emphasised the fact that the IBSA Facility Fund constituted a pioneer and unique initiative of South-South cooperation.

  25. Concluding remarks

  26. The IBSA summit in Brasilia, Brazil in 2006 was further evidence of the success of the experiment that has its roots at the G-8 summit of a shared vision that unites the three countries.
  27. The summit consolidated the IBSA Dialogue Forum in the achieving synergy required that set the IBSA countries on path that would fully benefit the South.
  28. These three countries are committed to economic growth, through social equity and inclusion.
  29. This summit reinforced the economic strengths of each countries and the need to synergise complementarities in areas such as industry, services, trade, and science and technology.
  30. The Academic Summit identified five initiatives that would harness the collective resources and strengths within the IBSA partnership.

     a. That  IBSA  countries  develop  an  initiative  focused  on  the
        promotion of non-violence and peace;
     b. That mechanism are put in place that  would  encourage  cultural
        exchange,  through  the  film  industry,  literature   and   art
        festivals that would  promote  a  deepen  understanding  of  our
        cultural heritage;
     c. To harness the rich bio-diversity to  mitigate  the  threats  of
        human security and sustainable development;
     d. To consider  a  communication  strategy  that  would  provide  a
        balance  in  the  geo-politics  of  information   dissemination,
        advanced from an IBSA perspective; and
     e. To establish a tri-lateral  fund  that  would  promote  research
        partnerships, encourage academic exchange,  and  facilitate  the
        movement of scholars, intellectuals, and social  activist  among
        continents.
    
  31. The presence of the high-level business delegation was welcomed especially with respect to the exchanges with business leaders.
  32. The Business summit called for the establishment of and IBSA Business Council that would focus on areas of growth, closer business relations and address areas that may hinder free trade.
  33. This is vital to achieve the investment potential and would establish institutional and business linkages in important sectoral areas.
  34. The signing of MOUs and Trilateral Agreements are major achievements and would further cement the relationship of IBSA countries.

  35. Conclusion

9.1 Further activities planned by Committee:

  1. The Minister of Foreign Affairs brief the Committee within six months to discuss the implementation of the MOUs and Trilateral Agreements signed at the respective Heads of State and of Government;
  2. The Department of Foreign Affairs brief the Committee on a quarterly basis on outstanding matters relating to India-Brazil-South Africa (IBSA) Dialogue Forum.

  3. Recommendation

10.1 In light of the success of the IBSA summit, the Portfolio Committee on Foreign Affairs would like to make the following recommendation:

  1. The House, through its relevant forums, gives consideration to establishing a multilateral parliamentary forum with the Parliaments of India and Brazil to oversee the implementation of agreements and memorandums of understanding of the India-Brazil-South Africa (IBSA) Dialogue Forum.   Report to be considered.

  2. REPORT OF PORTFOLIO COMMITTEE ON EDUCATION ON STUDY TOUR TO MAURITIUS, NOVEMBER 2006:

A. Background

The Portfolio Committee undertook a study tour to Mauritius for the period 17-25 November 2006, allowing for two days of travelling. The report will focus on visits conducted from 20 to 24 November 2006.

B. Motivation for the study tour

The Portfolio Committee on Education needed to gain insight and share learning experiences about the education system of Mauritius. Their system is similar to the South African system. Also, there are problems of commonality, which would be better addressed through sharing of experiences. There are also interesting initiatives aimed at educational reforms undertaken by the government of Mauritius, which could be a learning experience for South Africa.

The education system in Mauritius is designed along the lines of the British model, and has improved greatly since independence. The government of Mauritius has made an effort to provide adequate funding for education. Education is a right and is offered for free from primary through to tertiary level, while a system of grants exists for the pre-primary level. Education in Mauritius has been free from pre-primary through the secondary level since 1976 and through post-secondary level since 1988.

C. Logistical Arrangements

The multi-party delegation was led by Prof S M Mayatula [ANC], Chairperson of the Committee, Mr B G Mosala [ANC]; Ms J J Matsomela [ANC]; Mr G G Boinamo [DA] and Mr A M Mpontshane [IFP] was replaced by Ms S Sigcau (UDM) because he could not be part of the delegation due to other commitments.

D. Findings

  1. Meeting with the Minister of Education

The delegation received a courtesy call from the Minister of Education, Hon. D Gokhool, at the Industrial Vocational Training Board (IVTB) House in Phoenix.

The Honorable Minister gave a brief overview, identifying the system of education. The African Peer Review mechanism has identified a shortcoming in that learners are passing for the sake of passing. The new government is placing emphasis on quality education, and the introduction of new curriculum. He mentioned that the reform proposals have been accepted by the opposition parties and his predecessor.

The Mauritius Teacher Institution is dedicated for professional teaching of educators. It is a specialized body for teacher training and research. It provides training on in-service training. It also serves as pre-service and distance learning for teachers.

The legislative process in Mauritius is handled by the cabinet which considers the Bill. The draft is prepared by the Minister with the help of State Law Advisers. Once the Cabinet is satisfied, it goes to Parliament, for 1st reading debate. The second stage is when it is debated by political parties. Thereafter Minister concludes on the Bill and then it becomes law. In Mauritius there are no Portfolio Committees.

In South Africa the legislative process involves interested parties and the public. This is evident in elaborative processes followed by committees of both the National Assembly and the National Council of Provinces. It is noted that there is a gap in the level of competency in that the Mauritian system only involves few stakeholders, the Ministry and the Legal Advisers.

The educational reforms introduced a new curriculum, which uses English as a medium of instruction in schools, with French being taught as a subject. It has been commonly felt that the education system must pursue dissemination of both French and English, in order to meet the challenges of globalisation and technical progress.

The Ministry of Education intends reversing the situation by providing more colleges and by bringing diversity in the curriculum to allow the balance between the logic and aesthetic aspects.

The delegation also received presentations from the Ministry of Education, covering the focal areas, its structure and the program for reform. Mauritius has a free and compulsory education system for the past 30 years. In terms of the system of education, learners go through eight years of formal schooling from age 5 up to 12 years. Those who fail, during this period, have to go through two additional years at Secondary School. At grade 12, are assessed through external examination and could proceed to Cambridge University.

The South African system provides for free and compulsory education from grade R up to grade nine. The FET phase, allows for learners an option to either proceed through normal route or vocation education (FET College) through to Tertiary education.

  1. Human Resource Development Council (HRDC)

This Directorate is attached to the Ministry of Education. The Human Resource and Development Council (HRDC) was established in terms of Human Resource Development Act of 2003, to promote HRD needs for the country. It comprises a 27 member council representing Labour, Business and the Trade Unions. The setting up of the HRDC was inspired by the recommendations of the report of the (International Labour organization (ILO) Consultant on the National Integrated Training Strategy (NITS). The mission is to develop institutional synergies for an integrated Human Resource Development Strategy.

Functions of HRDC - Advise the Minister on the formulation of HRD Policies and Strategies - Establish linkages between the education and training systems and the workplace. - Provide a forum for constant dialogue and consensus-building among stakeholders on all matters relating to HRD. - Take appropriate measures to reduce the mismatch between demand and supply of human resource.

Main projects of HRDC - Revised Levy/Grant Incentive Scheme - National Human Resource Development Plan (NHRDP) - Study on HRD in SMEs - Call Centre Operations - Empowering Women through promotion of leadership & entrepreneurial skills.

Overview of Mauritius education system

The University of Mauritius offers free tuition to A+ student. However, adult learners do pay fees. In the University of Technology everyone pays fees.

The University of Mauritius also welcomes the government’s programme of renewed curriculum. The University is aware of the fact that the mode of teaching has to be different as well. It is essential for achieving quality education. Therefore the review of teacher training programme into content and quality of teaching, indicate a move away from traditional way of teaching. Thus it is important to have clear implementing and monitoring mechanisms for teachers.

There have been concerns about the high failure rate at the end of primary education cycle. The Ministry identified 30 poor performing schools in deprived parts of the island to benefit from the ZDP Project (project on infrastructure development of schools), where schools are provided with assistance. The government, through the partnerships with stakeholders, has developed mechanisms to redress the situation. Each of the schools will have four programmes: Infrastructural support (physical refurbishment), food supplementary programme for learners, health school, and medical scheme. Also, in order to improve the level of competency of teachers, educators are taken to in-service training, especially on children’s programmes. The partnership with the department works through the Joint Economic Council (consists of private companies). Issues are brought to the Ministry from the level below.

Even though education is free and compulsory, Mauritius has a high drop out rate in schools. In another survey conducted the Ministry wanted to get an understanding of causes of this problem. The government contacted members of the public to come up with ideas to encourage learners to come to schools. The social workers and community workers are also involved in encouraging learners to go to school. The ministry is underway in considering mechanisms for addressing the problem of drop outs. The Parent- Teachers-Association (PTSA) is also involved in assisting all schools to trace learners who are out of school.

In terms of private education, Mauritius has legislated that learners from grades one to three cannot be offered private education. Teachers who charge for private education are not controlled, so there are no mechanisms to determine their charges. These educators also do not pay taxes on fess paid for private tuition. However at a primary level private education takes place within the school premises and is optional. In the case of Secondary education parents tend to pay for private tuition. There is a likelihood that this parallel education system will disappear. Government has taken a decision to do away with Community-Based Education (CBE).

The country has three foreign languages that are used in primary schools, Arabic, French and English. The law states that English and French are to be used as medium for instruction. However, in the first three years of primary school, learners are taught in their mother tongue as medium of instruction. In some cases, the use of English as official language is permitted post the three years period.

In 2005, the government conducted a population profile to assess the curriculum needs of the people of Mauritius. The following issues were investigated: - Profile of learners post 9 years of schooling. - Projection of the needs of the future. - Reinforce acquisition of foundation skills. - Whatever is examinable should not be used as a major domain of learning. - Profile of the teacher. - Core subjects/courses taken up until age 16 - This was followed by evaluation, which provide for assessment of learner acquisition.

The scholar transport system of Mauritius was introduced in 2005; 75% of learners travel by bus, it caters for all primary secondary and post secondary school. The government has signed a Memorandum of Understanding (MoU) with the service provider. The Service provider is paid on monthly basis. The students (post secondary) use student pass to travel only from home to university and back.

  1. List of Institutions visited

Meetings with Stakeholders 3.1 The Technical School Management Trust Fund (TSMTF)

The mission of TSMTF is to provide high quality and up to date technical education to paraprofessionals in line with the development needs of the republic of Mauritius and of the region.

The Fund provides training to young school leavers on a full-time basis and also training to in-service personnel of the private / public firms. The Trust Fund offers three different types of programmes, namely Long Award Courses, Short Award and part-time courses.

The Fund seeks to respond to the needs of both public and private companies to respond to further training needs of their personnel. It works closely with a network of trainers who continuously research skills shortages and gaps within the industries.

3.2 Meeting with Vice Chancellor, University of Mauritius (UoM)

Policy and Regulatory Framework The Tertiary Education Commission Act was enacted in order to regulate the Tertiary Education system in Mauritius. It came into effect in 1988 and was amended in 2005. The objectives of the Act are to: • Foster the development of post-secondary education in Mauritius • Promote and enhance quality assurance. • Implement the regulatory framework: registration of private institutions and accreditation of their programmes, determine recognition and equivalence of qualifications, make recommendations to the Minister on applications received for the setting up of private institutions, or branches, centres or campus of overseas institutions, and protect the term “University”. • Promote co-ordination amongst the Tertiary Education Institutions (TEIs) • Allocate funds to the TEIs and ensure accountability. • Advise on all post-secondary education including award of scholarships.

Future Scenario of Tertiary Education in Mauritius • Increasing demand • Shrinking role of government • Impact of technology on teaching and research – digital divide • Demand for international quality and standards from learners • Education is increasingly becoming a highly competitive business • Borderless education/new markets (suppliers and students) • Emergence of new types of institutions, new forms of competition, new modes of operation and delivery and new opportunities from ICT. • Growing importance of Science & Technology • Competing demand for public funds – cost sharing • Better connect with business, commerce and industry • Pressures for reforms and structural changes • Rise in Community expectation • Increasing difficulty in attracting and retaining high calibre staff

3.3 Mauritius Qualifications Authority (MQA)

Presented by Mr Kaylash Allgoo the Director, MQA

The vision of the MQA is to provide valued qualifications for employability and lifelong learning. This will be done by continued enhancement of good practices & relevant expertise to safeguard public interest in quality education & training.

The objectives of MQA are to develop, implement and maintain a National Qualifications Framework. The Authority has to ensure compliance with provisions for registration and accreditation. Furthermore to ensure that standards and registered qualifications are internationally comparable.

In response to its objectives, the MQA identified the following as its functions: • To formulate and publish policies for registration of bodies for establishing national standards • To generate and register national standards for any occupation • To register and accredit training institutions • To approve /accredit training programmes and register trainers • To register qualifications. • To recognise and validate competencies outside the formal educational system • To recognise and evaluate qualifications • To recognise non-award courses • To keep a database of learning accounts of Mauritians

In terms of Regional Protocol, Mauritius is a member of SADC Protocol on Education & Training. The MQA is involved in processes of harmonisation and standardisation of education and training system in the region. The country has also participated in establishment of a SADC Regional Qualifications Framework (RQF).

In line with the objectives of the Act, MQA has formulated a number of policies. The Authority has relations with registrations of bodies that are responsible for establishing national standards and qualifications and together with accreditation bodies who are responsible for monitoring and auditing such standards and qualifications.

Recognition of Prior Learning allows an individual to obtain credit for knowledge, skills and aptitudes acquired from previous study, work & life experience and even provide the opportunity to be more mobile through the framework and go up the levels.

They have links with Industry led Industrial Training Qualification Syndicate (ITQS), who advise and recommend to the Authority a framework of fields within the sector and also generate unit standards within the sector. The Industry also abides by the decisions of the Authority relating to the development and implementation of the NQF.

In terms of Unit Standards and Qualifications, there are a number of standards set for Qualification and Accreditation mechanisms. These have a clear criteria set up for Registration of Training Institutions for the managers; Programme Officers; Trainers; mechanisms for approval of courses and guidelines/criteria for Accreditation.

The delegation also learnt that the Authority was instrumental in other future Developments. • Marketing of the NQF – development of unit standards/qualifications in collaboration with the HRDC. • Establishment of Awarding Bodies – policy under discussion at the level of the MQA Board. • Further development of RPL – policy already approved by the MQA Board.

The Authority would like to share ideas with the South African Qualifications Authority (SAQA).

3.4 Industrial and Vocational Training Board (IVTB)

The IVTB operates under the Ministry of Education and Human Resources, it is mandated to improve employability and work performance through top- quality training to different kinds of audiences.

The IVTB is responsible for monitoring the needs for training in consultation with relevant authorities. Also to administer and operate training schemes and impose or take any related fees or charges. Further promoting and assisting in the training or apprenticeship of persons who are or will be employed in commercial, technical and vocational field.

The delegation also got an opportunity to tour around and interact with educators and students from different IVTB centres which provide different programmes in Automation, telecommunications, Graphic & multimedia, Art & Design as well as the Fashion & textile Design.

3.5 The Pre-school Trust Fund (PSTF)

The meeting took place at D. Basant Rai Pre-primary School Unit in La Rosa, New Grove. The Chairman of PSTF gave a background on the role and objectives of the Pre-school Fund.

The Fund falls under the Government Directorate. It is still at foundation phase and has not yet been legislated. It covers children from 3-5 year band. The Pre School Fund is an implementing Agency, and is guided by Act 41 of 1984. It receives funding from the private sector in return for free tax rebate. It is governed by the norms and standards, as is the case in South Africa. The Fund receives 16% of the grant from government and the 84% is given to the private sector. This translates to 2% grant for learners. All teachers are trained and recruited from the pool of those who have been trained. The remaining number is employed by private schools, they also receive grant from the government. The Fund is also the regulator of the primary education system.

In terms of history of pre-schooling in Mauritius, for the past 30 years, pre-schooling was provided for by the private sector, yet each child receives 200 rupees per month from the government.

In order to improve the standard & quality of teaching provided, in 2005 the government gave each pre-school 10 000 rupees to upgrade themselves. When recruiting educators, emphasis is on experience, aptitude test, academic qualification and language. The teaching methods are informed by the Convention of the Rights of the Child. To encourage the involvement of parents in their education, parents are encouraged to participate in food programme, and the preparation of learning aids. They are also encouraged to accompany their learners to school activities.

Research has shown that in Mauritius importance is attached to pre-primary education. In order to make pre-primary education accessible to every child, specific measures have been taken along various lines. Children in the age group 4 to 5 receive a per capita grant. Standards and guidelines have been developed to ensure that the physical environment of the school is pleasant to allow the child to develop fully, both physically, emotionally and mentally. The involvement of the community in the field of education in Mauritius has the consequence of an increase of pressure on schools to perform better and thus putting much effort to bridge the gap between these two categories of schools, those who perform very well and those that perform badly.

  1. Accreditation Syndicate (Equivalent to our SAQA in South Africa)

The Syndicate encourages best performing learners from star colleges/schools to attend National Colleges. The Syndicate organises all examinations and also processes the admission of learners to colleges. Their certificates are accredited by Cambridge University. The Mauritius University prepares the syllabus in collaboration with the Cambridge University. Each year about 30 000 students sit for examinations.

Each year, 15 students from the College qualify for scholarship and are offered the opportunity to further their studies at Cambridge University. The previous government had put an end to scholarship because; this was seen to encourage elitism among the nationalists. However the recent government is seen to be encouraging the learners to study further and they offer scholarships to 15 boys and girls to further their studies at the University.

The National College is considered to accept those who have been accepted and are considered to be less performing. The challenge is that about 40% of learners do not succeed grade 11 and this is seen as a matter of concern.

The Minister of Education is of the view that he should do away with examinations, which reflects those who fail, but encourage assessment on academic grounds. In a study conducted in 2005, 30 000 candidates set for exams through to star colleges and 9 000 set for school certificate. The findings however, were taken after two years after the examinations were conducted.

In terms of the trends for qualifications, the pass rate for National Examination (grade 8) is 65% each year, 35% get the second opportunity, out of which 30% of them pass through. The 5% of them follow the pre-vocational stream of education until they reach grade 11.

On the other hand, the qualification trend for the IVTB Programmes has a 75% successful rate and the learners graduate with Higher Certificate. The government however, would like to attract more students to Universities. There are also considerations of introducing new techniques for evaluating learners.

  1. Mauritius Examinations Syndicate (MES) ( Equivalent to Umalusi )

The MES ensures that examinations are maintained in view of international recognition. In the conduct of examinations, it provides a high level of confidentiality and security, so vital for strengthening confidence among users of its service and public in general.

The following were identified as some of the challenges for the Syndicate, which were being considered: localisation of examinations at Secondary level, introduction of schools based assessments, recording and reporting children’s achievements, assessment and accreditation of competences.

In order to address the challenge of tempering with question papers, the MES decided to have the question papers for CPE moderated and printed in the UK.

The exam papers are kept in the tamper-evident envelopes and then stored in a strong room secured by three locks, which are held by three separate persons. It is of importance that each time the room is opened, all three persons are present. Also services of the private security guards are used to monitor the premises over 24 hours.

In terms of security for examinations, there are strict measures and mechanisms that are followed for accessing all examination papers. On the examination day, policemen have control over access to CPE examination centres and their presence is required on receipt, opening and return of question paper bags. These are kept under lock and key in the Presiding Invigilator’s room. Officers of the MES inspect examination centres and report to the Director through the CPE Section.

3.8 Mauritius Institute of Education (MIE)

The delegation was met by Prof V K P Parmessur and his management. The meeting shared information on the role and functions of the Institute.

It was set up by an Act of Parliament in 1973, and is an Institution dedicated to teacher education, research in education and curriculum development. Initially it was responsible for training the senior secondary educators and later included all primary school and teaching and management. It is the only institute in the country that provides expertise on education and training. The Institute acts as a professional unit for planning and monitoring of education policies. It focuses on Curriculum development for learners. It focuses in education research, developing distance education materials. This was to ensure that there is consistency in lesson delivery amongst all the schools that are involved in e-learning projects. Also to identify the challenges where they exist and to develop mechanisms to combat them.

The MIE has links with various institutions worldwide on matters of research and training programmes. The Institute has signed a Memorandum of Understanding (MoU) with India, to set up e-networking.

The Institute was instrumental in holding a 3 day workshop, to enable teachers to gain better understanding and to share knowledge and skills on ICT related matters.

3.9 Royal College Curepipe (Secondary School)

The delegation was received by the Rector (Principal) Mrs H B Nabheebucus and her management. The management welcomed the proposed reforms mentioned by the Minister of Education and considered them as long overdue.

The College admits only the best ranked students’ from Primary Schools, it is considered as the jewel in the crown of the public education sector of the island. It has a prestigious status and plays a leading role in the Mauritian Society.

The system was explained as follows:

At the end of their fifth year (form 5) at school, students sit for School Examination (O-levels) as per the University of Cambridge Examination Syndicate. Normally eight subjects are taken by each pupil and a grade will be attributed to each. The best grade an “A” is called a distinction.

During the last two years called the Lower Six and Upper Six, students prepare for the Higher School Examination (A-levels) also organized by the University of Cambridge Examination Syndicate. They study three main subjects and two subsidiary ones- of which General paper (English language) is compulsory. The examination is carried out at the end of their last year at school and the results are due in February of the following year.

The academic year starts in January and ends in November, and is further broken down into three terms. During the first two terms small class tests are carried out while a final examination is conducted at the end of the third term. During Form 5 and Upper Six these end of school examinations are replaced by the University of Cambridge Examinations. All results are determined and ranked according to A–level specifications.

3.10 Technical School Management Trust Fund (TSMTF)

The Manager of the Fund, Mr Bramdeo Lotun gave a brief overview on the role and objectives of the Fund.

As a way of addressing skills shortage in MRU, technical schools are aimed at offering programmes that are responsive to industry needs. The government of Mauritius decided to expand Technical and Further Education and the (TSMTF) was set up in 1994 under the Ministry of Education and Scientific Research to manage Institutes of Technical and Further Education in Mauritius.

The Institute was set up with the sole objective of training students as technicians, who will operate at middle management level in the service sector of the economy and progressively constitute the bulk of the manpower needed for the high value added tertiary sector.

This close relationship is evident in South Africa, through FET Colleges, industries further assist in ensuring that students take relevant programmes that get them to employment market.

The committee noted with concern the lack of women/female students at technical schools taking industrial programmes. The gender imbalance was noted evident amongst both teaching staff and students. It was noted that out of 380 students only 2 females have qualified.

3.11 University of Technology, Mauritius (UTM) The delegation was received by the Director General, Prof. Peter Stephen Coupe who gave an overview of the institution. The University of Technology, Mauritius Act was proclaimed on June 2000.The initial phase of the project consisted in the merging of the MIPAM and the SITRAC Ltd. These three Schools, namely School of Business Informatics and Software Engineering, School of Public Sector Policy and Management and School of Sustainable Development Science became operational since September 2000. The University of Technology, Mauritius has the determination to become one of the leading tertiary education institutions of the region. The aim of this University is to provide a wide range of students with acquisition of knowledge and skills to be able to make future professional contributions in various key sectors of the socio-economic and technological advancement of Mauritius.

The objectives of UTM are as follows: • To admit students with a range of entry qualification and academic and professional experience • To deliver programmes which can be entered and exited at different levels • To cooperate with government and business in developing lifelong learning, research and consultancy • To promote entrepreneurship and complete education amongst students • To build up and develop full-time staff of high calibre. • To help students benefit from a physical environment appropriate to their development.

The UTM is different from other institutions because of certain aspects. It works closely with employers in industry, commerce and government bodies in designing its Bachelor and masters degrees in both the academic content and their professional applicability. This has resulted in 90% of UTM graduates being employed shortly after graduation.

The UTM is also working with employers to develop entrepreneurial attitudes amongst its students such that, on graduation, an increasing number will develop their own small to medium enterprises and offer employment to others and help Mauritius develop its economy. Many of the employer inputs is largely from part-time lecturers and employers, who bring up-to-date case studies and entrepreneurial attitudes through their teachings.

  1. Observations i) Examination Centre

As a way of ensuring quality education, MRU offers examinations through national assessment of learners in grades 11 to 12. South Africa should consider introducing national examination at grade 9, at end of compulsory stage of education and thereafter at matric.

ii) Pre-schools

Every learner of the age group zero to five years receives a grant from government to access pre-schools. In the South African context, the children of the age group 0-14 years from poor families receive child support grant.

The system of education on MRU, offers 6 years primary education, 5-years secondary and 2 as part of secondary for those who have failed grade 8. The 1st primary phase- if you fail as a leaner you are expected to go through the vocational system = 3 years pre-vocational, where learners receive skills. It is important that to note that there are disadvantages associated with this system. In South Africa the system does not allow failure twice in a given phase, if so the learner is promoted. Mauritius promotes teacher training and quality education and these are entrenched in their programmes. There are programmes for poor performing schools.

iii) Rajiv Ghandi Science Centre The Rajiv Gandhi Science Centre is a non-formal educational institution for the promotion of science and technology among students and members of the public. The first of its kind in this region, the centre operates under the aegis of the Ministry of Education and Human Resources of the Republic of Mauritius. The Centre offers an opportunity to students and members of the public an opportunity to interact and find out how science helps to better understand the world and how technology could be used to improve lives. South Africa has similar centres but these are not well utilised by students and members of the public. The Science Centres need to be marketed vigorously to educators and learners, and that students should be encouraged to use these for their projects.

  1. Lessons Learnt

a) The country has mechanisms for children from poor social backgrounds especially for the low performing schools. b) The Mauritius Institute of Education compared to University Colleges of Education can be a useful method of ensuring good quality education for teachers. c) The MIE offers training for Managers of education, inspectors, and Circuit managers and also encourages educators to be involved. In the case of South Africa, it is proposed that the Universities are not detached from development. The education faculty should take part in curriculum development. This will enable them to teach new curriculum at Universities. d) The Certificate management Course for training of managers, Principals, Circuit Managers. Our faculties of Education should offer similar programmes of leadership and development of Managers. e) Parents through SGB should be encouraged to participate in school activities and also ensure professionalism amongst educators. f) The contribution to eNepad programme through e-schools. g) South Africa should consider introducing the practice of involving the industry in offering programmes in Universities of Technology, in order to enhance programmes with entrepreneurial flair, as is the case with FET Colleges.

Though Mauritius has through lessons from other countries developed their tertiary education sector, the biggest problem that even the first-world economies face, is simply who pays for the nation’s education system.

Vote of thanks

The delegation extends appreciation to the support given by the Speaker of the National Assembly, the Mauritius Department of Education and the High Commissioner for making our study tour the most memorable one.

Report to be considered.