National Assembly - 24 June 2008
TUESDAY, 24 JUNE 2008
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PROCEEDINGS OF THE NATIONAL ASSEMBLY
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The House met at 14:02.
The Deputy Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.
NOTICES OF MOTION
Ms A M DREYER: Madam Deputy Speaker, I hereby give notice that on the next sitting day of the House I shall move:
That the House –
1) notes the crippling skills shortage as well as a number of other
problems plaguing South African Airways (SAA); and
2) resolves that an independent committee of inquiry be appointed to
investigate the reasons for these current problems and to determine
whether South African Airways should be privatised in the future.
Mr G R MORGAN: Madam Deputy Speaker, I hereby give notice that I shall move on behalf of the DA:
That the House debates the role of the National Environmental Advisory Forum in the light of the fact that the National Environmental Advisory Forum is a body of various stakeholders including business and labour formed under provisions of the National Environment Management Act to advise the Minister of Environmental Affairs and Tourism on policy matters and that the Minister decided to dissolve this body.
I thank you.
Mr G G BOINAMO: Madam Deputy Speaker, I hereby give notice that I intend moving the following motion:
That the House debates the vandalising of school property by learners in Khutsong, the recent call by school governing bodies at schools in Khutsong for government to intervene and government’s response to this appeal.
Thank you.
MOTION OF CONDOLENCE
(The late Comrade Brian Bunting)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Deputy Speaker, I move without notice:
That the House –
(1) notes with profound sadness the passing away of Brian Bunting on Wednesday, 18 June 2008;
(2) further notes the immense contribution Bunting made to the all- round effort to build a nonracial, nonsexist, democratic, united and prosperous South Africa;
(3) recalls that in 1952 Bunting was elected to the House of Assembly as Natives’ Representative for the Cape Western District, he was expelled from the House because of his membership of the Communist Party, banned in 1952, detained in 1960, placed under house arrest in 1963, shortly after which he went into exile;
(4) further recalls that following his return from exile in the early 1990s, Bunting served in our country’s first democratic Parliament from 1994 to 1999 and that he was also a robust journalist and edited various publications, including The Guardian, Advance, Clarion, People’s World and New Age and authored a number of publications, including The Rise of the South African Reich and Moses Kotane, South African Revolutionary;
(5) acknowledges that Bunting was an outstanding freedom fighter, a lucid thinker, a great South African patriot and an internationalist who embodied the best nonracial and democratic traditions;
(6) believes that Bunting discharged his responsibilities with dedication, discipline, diligence and humility and that the life of this great leader epitomises heroism and commitment to the cause of justice, peace and development; and
(7) conveys its condolences to the Bunting family, the African National Congress and the South African Communist Party.
Agreed to.
SUSPENSION OF RULE 253(1) FOR PURPOSES OF CONDUCTING SECOND READING DEBATES ON SPECIAL PENSIONS AMENDMENT BILL AND PREVENTION OF AND TREATMENT FOR SUBSTANCE ABUSE BILL
(Draft Resolution) The CHIEF WHIP OF THE MAJORITY PARTY: Madam Deputy Speaker, I move the motion printed in my name on the Order Paper as follows:
That Rule 253(1), which provides, inter alia, that the debate on the Second Reading of a Bill may not commence before at least three working days have elapsed since the committee’s report was tabled, be suspended for the purposes of conducting the Second Reading debates today on the Special Pensions Amendment Bill [B 29B – 2008] (National Assembly – sec 75) and the Prevention of and Treatment for Substance Abuse Bill [B 12B – 2008] (National Assembly – sec 76(1)).
Agreed to.
YOUTH PARLIAMENT 2008
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Deputy Speaker, I move the motion printed in my name on the Order Paper as follows:
That the House, noting that the Youth Parliament is taking place at Parliament on 26 and 27 June 2008 under the theme “Parliament empowering the youth for poverty eradication” –
1) recognises that this will be the last Youth Parliament to be
conducted under the auspices of the Third Parliament;
2) ackowledges that this annual event has become an opportunity for
the youth to voice their concerns and interact with Members of
Parliament about key issues that affect their lives;
3) notes that the declarations of the Youth Parliaments of 2006 and
2007 will be reviewed, while deliberations will also take place on
youth and their economic participation, youth development and
institutional arrangements in that regard and the role of youth in
our social cohesion;
4) wishes all the participants in the Youth Parliament well in their
proposed activities; and
5) looks forward to receiving soon the Youth Parliament's report and
recommendations on the crucial issues that will have been
discussed.
Agreed to.
OUTCOMES OF ELECTRICITY DISTRIBUTION SUMMIT
(Member’s Statement) Mrs B TINTO (ANC): Madam Deputy Speaker, the ANC welcomes the outcome of the 2008 Electricity Distribution Maintenance Summit which took place from 9 to 10 June 2008. The summit was held under the theme: Towards a Sustainable Electricity Distribution Industry.
The summit acknowledged that the current constraints in electricity generation, resulting from a low reserve margin, posed a threat to the security of supply and that all stakeholders needed to work in partnership to address the emergency in order to minimise the socio-economic impact thereof.
It was agreed that Nersa must be strengthened to monitor and enforce licence conditions in the distribution industry, especially conditions relating to maintenance, refurbishment, investment and access to information.
The ANC commends Nersa, government and the social partners in Nedlac for the constructive manner in which they have approached the challenges facing the energy sector. This demonstrates the value of meaningful social engagement as a means to achieve sustainable and workable solutions.
I thank you, Madam Deputy Speaker.
SHORTAGE OF SAA AIRCRAFT MAINTENANCE TECHNICIANS
(Member’s Statement)
Ms A M DREYER (DA): Madam Deputy Speaker, SA Airways Technical, Saat, the aircraft maintenance organisation, is suffering from a crippling shortage of technicians. At the end of March there were about 240 vacant posts while 300 technicians have resigned over the last three years. Given this shortage, SAA Technical has had to outsource its maintenance obligations to other institutions.
It is further alleged that because of the organisation’s desperation to fill vacant posts, new technicians have been appointed who are not properly qualified to do the work. This is putting strain on more experienced, but significantly overstretched, staff and raises real safety concerns that must be addressed.
Therefore the DA is calling for an independent commission of inquiry to establish why SAA has seemingly moved backwards over the past decade and is further calling on the state, in the light of these problems, to consider privatising the national carrier.
IMPACT OF RATE HIKES ON FOOD PRICES
(Member’s Statement)
Mr H J BEKKER (IFP): Madam Deputy Speaker, the impact the recent hikes in interest rates and electricity prices as well as another expected increase in the price of fuel has on the price of basic food items is felt the most by the poor in our communities.
The IFP urges local governments to co-ordinate with NGOs, co-operatives and retailers in their provinces to begin projects that will aid in addressing the growing food price crisis. Extending school feeding schemes, opening more soup kitchens in poor communities and encouraging retailers to further discount basic food items are just some examples of how local government, NGOs and businesses can help ease the burden of growing inflation and general price increases. National government can also play a role in easing the burden by being a bit more creative in dealing with this growing crisis.
The IFP urges the Finance Ministry to rethink the zero rating of more basic food items as a way of making food more affordable to the poor, or alternatively to work on subsidisation and direct food security in terms of getting things done. I thank you.
HOUSING MATTERS
(Member’s Statement)
Nmz D C MABENA (ANC): Ngiyathokoza Sekela Somlomo, njengomzamo wokuphelisa ukungena eendlini ngokungasisemthethweni, ubukhwabanisi, ubukhohlakali ekunikelweni kwezindlu ezitja ezakhiwako, umnyango wezindlu eGauteng uzokusungula ijima lokungena indlu nendlu ukuyokuqiniseka imininingwana yabazuzi ngaphambi kokunikelwa kwencwadi yobunikazi bendlu.
Umma uMokonyane ubawe abantu kobana babalekele ukuthenga iimphathiswa zezindlu, khulukhulu iimphathiswa ezibandakanyekako ekunikelweni kwezindlu. USoMkhandlu weziNdlu lo uMma uNomvula Mokonyane udlulise isaziso lesi ngesikhathi nakanikela ngezindlu eziyi 1 224 begodu neencwadi zobunikazi bezindlu ezima 643 e-Olivenhoutbosch KwaMnyamane okuthiwa yiTshwane gadesi.
Ituthukiso le izakuba godu namabala wamabhizinisi ali-17, amabala ali-10 azokuba ngewamasonto, amabala amabili azokuba ngeweenkolo, asithandathu azokuba ngeweenkulisa, linye libe ngelendawo yomphakathi, linye libe ngelomakhiwo wokuzithabisa nemidlalo bese ali-15 abe ngewamaphaga.
Lokhu kukhambisana neqhinga elibizwa bonyana yi Breaking New Ground elisungulwe ngurhulumende we-ANC lokwakha iindawo zokuhlala ezinzinzileko zabantu. Ngiyathokoza. [Iwahlo.] (Translation of isiNdebele member’s statement follows.)
[Mr D C MABENA (ANC): Thank you. Deputy Speaker. As a means of stopping people from occupying houses illegally, and to fight fraud and corruption in the allocation of new houses, the Gauteng department of housing will initiate a door-to-door campaign to ascertain particulars of ownership before the granting of title deeds to people occupying houses.
Ms Mokonyane urged people to refrain from bribing housing authorities, particularly those that are involved in the allocation of houses. The MEC for Housing, Nomvula Mokonyane, mentioned this in her speech during the handing over of 1 224 houses and 643 title deeds in Olivenhoutbosch at KwaMnyamane which is now called Tshwane.
This development will also have 17 business sites, 10 sites for churches, two for schools, six for crèches, one for the public, one for a recreational and sports facility and 15 for parks.
This is part of the plan called Breaking New Ground initiated by the ANC government to build sustainable houses for the people to live in. Thank you. [Applause.]]
INFLAMMATORY STATEMENTS BY LEADERS OF ANC ALLIANCE PARTNERS
(Member’s Statement)
Ms S N SIGCAU (UDM): Madam Deputy Speaker, the UDM notes that a procession of ANC and tripartite alliance leaders are lining up to make inflammatory statements and inciting violence with words like ``kill’’.
We also condemn the preposterous assertion that these remarks are being blown out of proportion and taken out of context. We know that they are not, because why else are they being said now and repeated over and over when the speakers know exactly what response they elicit.
It is pathetic that people who control the ruling party, and by extension government, cannot respect the rule of law and the judicial processes of this country. They disrespect every victim of crime and violence in this country every time they proclaim their willingness to break the law and murder people. I thank you, Madam Deputy Speaker.
CONTRAVENTION OF ELECTION GUIDELINES IN ZIMBABWE
(Member’s Statement)
Dr C P MULDER (FF PLUS): Madam Deputy Speaker, in Afrikaans we have an idiomatic expression that says ``Sagte hande maak stinkende wonde’’. This means leaving a wound to fester.
This is exactly what happened in Zimbabwe. This government’s policy of appeasement of the Mugabe regime has now resulted in a negative no-win situation. Zimbabwe is no longer a democracy but a dictatorship. The fact that Mr Mugabe, following the withdrawal of Mr Tsvangirai, automatically becomes the President of Zimbabwe, should be seen as a covert but successful coup by Mugabe and his militant Zanu-PF leaders.
When the electorate of Zimbabwe expressed themselves on 29 March 2008, the majority elected a new MDC government to parliament and the majority supported Tsvangirai. After three months, however, Mugabe is the winner, not because the people said so but because of his abuse of power.
The AU and other leaders in SADC have clear guidelines and decisions as to how a free and fair election should be run and what action should be taken against countries where coups have taken place. Mugabe has blatantly contravened every election guideline of the AU and SADC. The AU and SADC should view the Zimbabwean election as a coup and act accordingly. This means, amongst other things, that Mugabe and his illegal government should not be recognised by African states following his coming to power.
By dealing with Mugabe as a dictator, which he is, and by describing the pseudo-election as covert coup, which it is, credibility could still be regained also for our country, South Africa. Thank you.
RESPONSIBILITIES OF COMPANIES INVOLVED IN GENETIC ENGINEERING OF FOOD
PRODUCTS
(Member’s Statement) Prof I J MOHAMED (ANC): Madam Deputy Speaker, it needs to be emphasised that all multibillion-rand industries which are involved in genetic engineering of food products should become socially and ethically responsible. It needs to be acknowledged that whilst the objectives usually respond to domestic and global demands, all companies should and must test the chemical portfolios to ensure crop safety.
The industry should aim not only to make huge profits but should also use innovative science and creativity to benefit human beings and the environment positively. I am, therefore, of the opinion that the correct selection of herbicides must ensure safe and practical solutions to the problem of food security.
Recent increases in food prices are indeed a factor, which is very worrying, as food becomes increasingly unaffordable and this undermines the goal of food security. It also impacts on the improvement of the nutritional status of many South Africans.
It is important that all role-players in the industry, from producers to retailers, should work with government to ensure that basic foodstuffs like bread, milk and maize remain within reach of all people, especially the poorest of the poor. I thank you.
SA CRICKET UNION’S SUSPENSION OF AGREEMENTS WITH ZIMBABWE CRICKET UNION WELCOMED (Member’s Statement)
Mr T D LEE (DA): Madam Deputy Speaker, the DA welcomes the decision by the South African Cricket Union to suspend its relationship with the Zimbabwean Cricket Association owing to the political crisis in that country. The courage displayed by the leadership of Norman Arendse is an example of what South Africa’s foreign policy approach towards the dictatorship of Robert Mugabe should be.
Sports sanctions were effective in isolating the apartheid regime and they will achieve the same success with Zimbabwe, if South Africa mobilises the international community to do so. Mugabe has a thick skin, he does not understand the language of negotiations, and we must be very tough when dealing with a ruthless criminal like him.
South Africa must take the lead in isolating Mugabe’s illegitimate reign. His brutal regime has claimed the lives of innocent Zimbabweans, exposing children to the hardship of life without parents or food. Every day we are hounded by images of some Zimbabweans being beaten or burnt to death, yet the government insists the people of Zimbabwe should solve their own problems.
South Africa can no longer hide behind a failed, silent diplomacy while Mugabe is killing our brothers and sisters. I thank you Madam Speaker. MEDICAL VOLUNTEERS PROVIDING SERVICES TO COMMUNITIES (Member’s Statement)
Mr A F MADELLA (ANC): Madam Deputy Speaker, the ANC notes with pride the honourable acts of patriotism demonstrated by a group of young professionals coming here to Africa, to KwaZulu-Natal. They are taking time to go out and serve poor communities of the province, free of charge. The group is made up of doctors, including specialists, nurses and young therapists.
On Saturday, 14 June 2008, the Minister of Health, Dr Manto Tshabalala- Msimang, joined this group and visited the eNkandla area in Northern KwaZulu-Natal. Enkandla is a rural area of KwaZulu-Natal which lacks amenities such as safe water, electricity, telephones and proper sanitation.
The Department of Health has built a clinic in the area, but the demand for health services remains a challenge. In appreciation of this exemplary and good cause, the Minister thanked the volunteers, and included the Ngwelezane Hospital officials, for showing the way in the midst of all the negative stories about the migration of health workers. The initiative is a challenge to all young professionals in the country to follow this shining example.
The ANC believes that the achievement of a better life for all is an important part of improving the quality of life of poor South Africans. I thank you.
LOPSIDED PRIORITIES OF DEPARTMENT OF HEALTH
(Member’s Statement)
Dr R RABINOWITZ (IFP): Madam Deputy Speaker, the state of the body jointly comprising the Medicines Control Council and the Medicines Regulatory Authority is indicative of the utterly lopsided priorities of the Department of Health. For too long this body, which has the critical role of checking all medicines for safety and complying with ethics and quality has been left to doodle and fiddle and literally drown under the load of work, which is not being handled with any degree of efficiency or accountability.
The backlog of unregistered medicines, for which registration has been applied, currently stands at 92% and has risen annually. The budget of the Medicines Control Council, MCC, and the Medicines Regulatory Authority, MRA, was overspent by 100%. The latter amounted to R10 million overspent and the former to R2,4 million overspent.
Traditional medicines remain unregulated and complementary medicines likewise. The ruling against Dr Rath for promoting and selling his super vitamins should not have come from the courts, but from an MCC that was doing its job. The IFP calls for a full investigation into the reasons for the hopeless miscalculation in the budgets of these bodies before measures already in the pipeline are used to restructure the MCC and the MRA. Cleary more capacity, more accountability and a total review of policy objectives are required.
Ever since the failed attempt to introduce the SAf Medicines and Medical Devices Regulatory Authority Act, Sammdra, when, in 1997, hon President Mandela was accused of not applying his mind to it in a court judgment against the Bill, this parlous situation has prevailed. Therefore, both the restructuring and the responsible regulation of medical matters, complementary medicines and African traditional medicine are an urgent priority of this government. I thank you. [Time expired.]
MAPUTO DECLARATION AND AGRICULTURE IN SOUTH AFRICA
(Member’s Statement)
Mr S ABRAM (ANC): Madam Deputy Speaker, the Maputo Declaration calls for the deployment of more effort and resources to agriculture to boost economic development. A bold, creative plan and massive financial resources are prerequisites to provide the necessary infrastructure; for example, dams, canals, pipes, roads, transport links, etc. This will enable agriculture to enhance its contribution to the fight against poverty; to revitalise rural areas; to facilitate empowerment, job creation, food security and export; and to establish our country as a major player in the agricultural fraternity.
Food producers are also faced with massive increases in input costs, for example, diesel and fertiliser costs have doubled in 12 months. Government will have to consider innovative methods to keep such producers on the land.
The African National Congress is committed to making sure that agriculture and other policies have a positive impact on household food security, food prices and environmental sustainability.
Let us all recognise that the agricultural sector is an important instrument, which should be used in our efforts to create work and fight poverty. I thank you.
ENVIRONMENTAL IMPACT ASSESSMENT FOR DURBAN’S KING SHAKA AIRPORT
(Member’s Statement)
Mr G R MORGAN (DA): Environmental impact assessments and other environmental management instruments are crucial components of development in South Africa. If performed well they can separate good developments from bad ones. They must never be procedural but need to be processes of substance genuinely assessing the environmental and social impact of development, and must apply the necessary ongoing monitoring and mitigation.
Both government and the private sector have said much about the need to streamline EIAs. In some cases it is true that EIAs take an unnecessarily long period of time to be finalised. It is with this in mind that the Minister of Environmental Affairs and Tourism needs to consider whether his own office is responsible for holding up EIA processes.
With regard to the EIA for the new King Shaka Airport north of Durban, a project of considerable merit but also one about which there are concerns, the appeal process closed in early November 2007, but to this day, over seven months later, the Minister has not yet ruled on the appeals. Despite the delay, the construction of the airport is speeding along, undermining the integrity of the EIA process.
It is imperative that the Minister concludes this process immediately. The Minister is making a ruling on appeals against the development application of Acsa, essentially a state-owned entity. The longer this process drags on, the more it looks as if he is favouring an organ of state. I thank you.
SOUTH AFRICA’S PARALYMPIC ATHLETES
(Member’s Statement)
Mr V C GORE (ANC): Speaker, recently the SA Sports Confederation and Olympic Committee announced a South African team for the 2008 Beijing Paralympics. Included in the team are athletes such as the 2006 Laureus Sportsperson of the Year and seven times winner of the Boston Marathon, Ernst van Dyk; blade runner Oscar Pistorius; and Natalie du Toit who will become the first person to compete in both the Olympics and the Paralympics. The list signifies the great potential athletes with disabilities possess, as well as the will and drive that people with disabilities have to be included in mainstream society.
The ANC congratulates these athletes and wishes them well in the upcoming events as they seek to bring glory to our sporting fraternity and South Africa. The ANC works tirelessly to remove all obstacles that preclude some sections of our communities from participating fully in sport and social life generally.
This effort is consistent with our constitutional imperative to fight against discrimination. The resources that are provided for Paralympians are inadequate to realise the sporting needs of people living with disabilities and the goal of encouraging healthy lifestyles. I thank you. [Applause.] ROLE OF SPORT IN SHAPING YOUNG PEOPLE TO BE GOOD CITIZENS
(Member’s Statement)
Mnu M J NENE (ANC): Ngiyabonga Phini likaSomlomo. Ingqungquthela yomhlaba wonke yentsha ebibanjelwe laphaya eThekwini eNkosi Albert Luthuli, isiqubulo sayo ebesithi, “Intsha Nabancane Bangakwazi Ukuvikela Nokwenza Izwe Libe Ngcono”. Kule ngqungquthela-ke kuye kwabonakala ukuthi ezemidlalo zingakwenza ukuthi abantu abancane bangazimbandakanyi nezinto ezenza ubugebengu futhi benze izinto ezingenza ukuthi babonakale bengabantu abaphilayo nabangenza umehluko ezweni.
Indlala kanye namasiko ahlukahlukene nomnotho ontengantengayo nemindeni enhlakanhlaka kutholakale ukuthi kunegalelo lokuthi abantwana abatholakala bezimbandakanya nobugebengu bavela ezindaweni ezisuke zinjalo. UKhongolose uyakholelwa ekutheni uma singase sigqugquzele intsha yethu ukuthi izimbandakanye nezemidlalo, lokho kungenza ukuthi intsha yonke esinayo ibe umthelela omuhle ezweni futhi ibe nempilo engcono, kwakheke namathuba emisebenzi bese kwakheka nesizwe imbala.
Kusho ukuthi kuzo zonke lezi zinto esengizishilo ngasenhla, kucelwa ukuthi imiphakathi yonke ibambisane kule nyanga yentsha ukugqugquzela intsha ukuthi izimbandakanye kwezemidlalo ngoba kuyabonakala ukuthi uma kungenzeka njalo intsha ingatholakala ukuthi yakhe isizwe esihloniphekile. Ngiyabonga Somlomo [Ihlombe.] (Translation of isiZulu member’s statement follows.)
[Mr M J NENE (ANC): Thank you, Madam Deputy Speaker. A major international youth summit on crime, with the topic, “Youth and children championing community safety for a better world”, was held in Durban at the iNkosi Albert Luthuli International Convention Centre. The speakers at this convention showed that sport can lead to young people staying away from criminal activities and also being seen as good people who can make a difference.
It was also found that factors such as hunger, cultural diversity, an unstable economy and broken family structures, contribute to the involvement of these youth in criminal activities. The African National Congress believes that if we can encourage our youth to take part in sport, that would result in them having a positive influence and leading a better life. And this would also create job opportunities and, thereby, contribute towards nation-building.
Based on all the things that I have mentioned above, communities are requested to work together during this youth month to encourage the youth to take part in sport because it is evident that if that can happen, youth can will be able to build a respectable nation. Thank you, Madam Speaker. [Applause.]]
PROUDLY SOUTH AFRICAN HOMEGROWN AWARDS
(Member’s Statement)
Dr T D GEORGE (DA): Madam Deputy Speaker, on Saturday I attended the Proudly South African Homegrown Awards. Proudly South African was established to promote South African products and services and to encourage consumers and businesses to buy local. This promotes job creation and contributes to our economic growth.
The Homegrown Awards celebrate companies who best measure up in terms of quality, local content, fair labour practices and acceptable environmental standards. The DA congratulates the winners in the various categories. Winners included Green Banana Industries, Hands on Treatment, Eveready, Tutuka Motor Holdings, Soweto Small Business Executive Chamber, Victoria Girls’ High School, GUD Filters, Chemlog, Bandito’s Chile Company, OUTsurance, SA Ballet Theatre, Nedbank, BSG (Africa) and Green Office.
These winners demonstrate that companies can be conceived, thrive and grow in South Africa. With role models such as these, the scene is set for thousands more to follow in their footsteps to the benefit of our economic growth. Thank you, Madam Deputy Speaker. [Applause.]
SHORTAGE OF SAA AIRCRAFT MAINTENANCE TECHNICIANS
IMPACT OF RATE HIKES ON FOOD PRICES INFORMATORY STATEMENTS BY LEADERS OF ANC ALLIANCE PARTNERS CONTRAVENTION OF
ELECTION GUIDELINES IN ZIMBABWE
(Minister’s Response)
The MINISTER OF FINANCE: Madam Deputy Speaker, responding first to the hon Dreyer, I am glad to see education in motion. Last week she learnt to count and this week she learnt the new word ``privatise’’. Now if the hon Dreyer can find a buyer for an airline, then she should say so. But airlines are not a business that sensitive people are rushing into. Therefore, before she makes these pronouncements, I would advise her to learn something about economics along with counting and new words. It will certainly help the quality of debate on these issues.
I want to caution against crying, “Wolf!” and I want to caution against people who get up and say, “Oh, the safety of airline passengers is compromised”. I don’t think that this House must tolerate these kinds of statements. They are wrong in every sense of the word. Having said that, does she ride a bicycle back to wherever she comes from? Does she fly? If she flies, she presumably has trust in the airline; if not, I would suggest she uses an alternative mode of transport.
The point about all the skills in the airline industry is that they are highly mobile. Pilots have been recruited from everywhere to everywhere and it’s not a uniquely South African problem. So stop blaming democracy. If you want to go back, please visit Orania. They’ve got a wonderful airline, Orania Lugmag. It would serve the country very well.
In respect of the issues raised by the hon Bekker, we do, of course, agree with the first part of the statement. I think that there needs to be more of an endeavour to mobilise resources to get food and other things to the poor. Part of what is wrong in South Africa, I think, is that everything is done for profit. So, even school nutrition programmes need to be done for profit. Profit is more important than feeding the children. And children can’t learn on empty stomachs. It’s that kind of thing that, I think, we must turn around as part of a national call.
We have had discussions on this matter before. The hon member has said before that we must consider zero-rating food items. I have asked him before, and I will ask him again, and I will ask him next week and next year: Which products are these? And he must demonstrate to us which of them get to the poor. The list of zero-rated items in this country - the 20 products on that list - are targeted at the poor and they exclude the rich from the benefits.
Therefore, it’s not as though this is an accident. And it’s not as though we are not thinking about the issues and researching them. Again, I would ask him to consider those issues. If you look at the issue of subsidies on food and other items, the countries that are facing the biggest difficulties now are those that cannot afford the food subsidies that they have had. Just look at fuel. The countries that have subsidised fuel – Indonesia, Malaysia, Mexico – can’t afford to maintain the level of subsidies that they have provided, and this is where there has been major social uprisings. So I again would ask the hon Bekker to give consideration to these things, because I can give him pages and pages of information about this.
The hon member of the UDM – I’m sorry, I didn’t get her name – made a statement about people who make threats and so on. I agree it’s a big concern. You see, the problem, though, is that before we point fingers, let’s consider what is happening. I don’t think that those members who were destroying property in the streets of Durban this past weekend are from the ANC alliance. I don’t know where they come from. I’d like to know where they come from, but I know they are not from the ANC alliance. So, before we point fingers, let’s give consideration to what is happening and take collective responsibility for statements and actions. [Applause.]
With regard to the issues of Zimbabwe, the hon Mulder was, of course, very lucid on that and we note what he has said. The hon Lee was so emotional after lunch again. But we will invite him to form an army and go and attack Zimbabwe - that’s what he’d like to do. And we will see who will follow him into war, because he says go and attack them, so he can go to war on his own. I will stop there. Thank you very much, Madam Deputy Speaker. [Applause.]
SHORTAGE OF SAA AIRCRAFT MAINTENANCE TECHNICIANS
RESPONSIBILITIES OF COMPANIES INVOLVED IN GENETIC ENGINEERING OF FOOD PRODUCTS ENVIRONMENTAL IMPACT ASSESSMENT FOR DURBAN’S KING SHAKA AIRPORT
(Minister’s Response)
The MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM: Madam Deputy Speaker, I would like to respond to three separate statements. The first one I would like to respond to concerns SAA. I want to add to what the Minister of Finance has said.
Members’ Statements are very important in this House. And members owe it to this House to come here and put something on the table that we feel we should respond to, and not simply come here with statements that merely repeat what was reported in the newspapers of the previous day.
I would like to convey this to the hon Dreyer. She has basically come here and, word for word, just repeated what appeared in yesterday’s newspapers about SAA. Now let me say this about our national airways. What we have done as government is to liberalise the approach to air access to this country, and what we have seen in the response was that many airlines announced that they would now be flying to South Africa. And many airlines increased their flights to South Africa. But, as South Africans, let’s have the debate: Do we need a national carrier or don’t we?
When I listen to the members’ statements from that part of the House, there is clearly confusion there, because one member stands up and says: I’ve been to a Proudly South African function, I was so impressed, let’s do that. Then another one comes and simply says: Let’s privatise SAA. So, I think you need some consistency on that side of the House.
Our view is that we need SAA and we need a national carrier. How it should be structured is a case for debate. But what will happen when we say - as other airlines did, for reasons of their own, as we saw in the United States – that we won’t fly SAA any longer? Then members on that side of the House will stand up and say, “Please, government, we need a SAA.”
With regard to the second issue on genetic engineering, raised by the hon Mohammed, we agree with the sentiments expressed in that statement but we now require, for the first time, full EIAs for new genetic organisms. Yes, we agree, it should be socially and ethically responsible from that point of view, but once again it’s a very complicated debate.
Because of various factors – climate change and others – we need new varieties that are more drought resistant, heat resistant. But there is a duty on us as government to make sure that we don’t import what many people feel will be so-called “Frankenstein food”. We take that responsibility seriously, and I thank the hon member for that statement.
The third statement was the one by hon Morgan on EIAs and the new Shaka International Airport outside Durban. Seven months, I think, is a very reasonable time for a Minister to properly apply his or her mind on appeal where there are many highly technical issues raised by the public. What I agree with, and that’s why we streamlined the EIAs, is that it’s indefensible for people to wait two or three years for an answer. That’s why we now have prescribed time limits. But I also think that if members of the public raise reasonable issues that we should demonstrate in government that we take them seriously and call for technical advice and properly apply our minds to those issues.
Let me say, in conclusion, on the issue of an organ of state being involved, that I think the record shows quite clearly that, as Minister on appeal, I have on numerous occasions decided against organs of state when I felt it wasn’t in the public interest. So let’s perform this duty of EIAs, especially on appeal, as a government with integrity. Thank you, Chairperson. [Applause.]
MAPUTO DECLARATION AND AGRICULTURE IN SOUTH AFRICA
(Minister’s Response)
The DEPUTY MINISTER OF AGRICULTURE: Madam Deputy Speaker, in reaction to the hon Abram, I shall very briefly respond that, firstly we have to extend the area under sustainable land management and, secondly, we have to extend the reliable water control systems in South Africa.
We have 4,5 million hectares of land available which should be developed in the Eastern Cape. I think it can be done. The water is there and the land can be used. But then we have to work together and develop this land. Thank you, Madam Deputy Speaker. [Applause.]
SA CRICKET UNION’S SUSPENSION OF AGREEMENTS WITH ZIMBABWE CRICKET UNION ROLE OF SPORT IN SHAPING YOUNG PEOPLE TO BE GOOD CITIZENS
(Minister’s Response)
The DEPUTY MINISTER OF EDUCATION: Madam Deputy Speaker, I’ll try to be as swift as possible. Firstly, in regard to the hon Lee’s regime change - he spoke more about Zimbabwean politics than the situation about cricket - I think if he reads newspapers and quotes from them, he should please do so correctly. Here we have the suspension of a union. Zimbabwe is still a member of the ICC and, in fact, the ICC still has a responsibility to fulfil fixtures. So, I suggest he should have a conversation with the hon De Lille, who spoke about the complexity of the problems in Zimbabwe.
We certainly fully endorse the statement of the hon Nene. Indeed, sport contributes to the creation of a safe environment in our schools and I might just say that the Department of Education has launched the mini world cup in which more than 5 000 boy and girl learners from primarily disadvantaged communities are participating. Amongst the things they do deals not only with the promotion of football or soccer in our schools, but also with inclusivity, diversity and the establishment of an African identity. Thank you very much, Madam Deputy Speaker. [Applause.]
MINERAL AND PETROLEUM RESOURCES ROYALTY BILL
(Introduction)
The MINISTER OF FINANCE: What we have before us today is the much anticipated and debated Mineral and Petroleum Resources Royalty Bill, 2008. This Bill completes the policy framework arising from the Mineral and Petroleum Resources Development Act, the MPRDA of 2002, which restructured all South Africa’s mineral rights. As many in this Assembly remember, the MPRDA requires conversion of all old order rights into new order rights by May of next year. The newly proposed royalty is designed to tie into this conversion.
It should be noted that the proposed royalties have been the subject of extensive consultation and debate. Numerous meetings and workshops were held to ensure that the final versions of these Bills were consistent with the best interests of all stakeholders and the objectives of the MPRDA.
In deciding on the appropriate tax base it’s crucial to have a clear understanding of the primary objective of resource royalties. Resource royalties are actually not a tax. They instead represent compensation for the permanent loss of nonrenewable commodities. These royalties are payable to the state as custodian of the country’s mineral wealth.
Based on extensive international comparisons and practical considerations, it was decided that the tax base would be the value of the minerals mined and transferred. We resisted proposals to use the profits of the mine as the base for the royalty calculation. Resource rents or mineral royalties should be payable irrespective of whether mining companies make a profit, given the irrecoverable loss of mineral resources.
Earlier versions of the Bill provided for different specific royalty rates for various mineral resources. These different specific royalty rates were largely based on international comparisons and an implicit assumption that the more valuable resources, for example diamonds, should be subject to a higher royalty rate.
However, a need existed to provide some form of relief in the form of lower royalty rates in the case of marginal mines, both during start-up operations and when a mine is closed at the end of its lifespan. In order to remedy these concerns, the final version of the royalty utilises two formulae: one for refined minerals, which is in the Schedule 1 list, and one for unrefined minerals in the Schedule 2 list.
The logic of having two formulae is that refined minerals undergo more processing and therefore more costs are incurred to develop the mineral ore into its refined state. This results in a larger base of gross sales, hence the slightly lower royalty rates. In the case of unrefined minerals the production chain is shorter, resulting in a relatively smaller tax base, hence its slightly higher royalty rates.
The formula not only provides automatic relief for marginal mines but also allows for the state to share in the upside in times of high commodity prices. The royalty rate structure should thus provide for long-term certainty and predictability for both the state and the private sector.
In respect of community royalties it is important to stress that the Act - the principal Act - protects the rights of certain communities to continue to receive community royalties. The proposed royalty equally does not interfere with the rights of established community arrangements. In addition, community royalties will not be allowed as an offset against royalty payments to the state.
Contrary to the views of many mining companies and analysts, payment to communities should not be viewed as double royalties. Mining companies and communities are also encouraged, where appropriate, to convert the interests of communities into equity. Some mining companies and communities have already concluded very successful negotiations in this regard.
Both the labour unions and mining companies have requested that revenues from mining and petroleum royalties be ring-fenced to projects in identified mining towns or labour-sending towns. The earmarking or ring- fencing of mineral royalty revenues is not supported. Not only is earmarking contrary to sound fiscal policy, but it would also negate the underlying principle of the Mineral and Petroleum Resources Development Act
- that the minerals of our country belong to all South Africans.
Notwithstanding these concerns, on-budget spending is supported to the extent that this spending targets mining and labour-supplying communities and is directed at human and/or local economic development. In this regard, a clear framework to prioritise projects and develop effective partnerships and governance guidelines will indeed be critical.
There is much debate about the benefit of being a country that is endowed with mineral and other natural resources. The discovery of minerals, with which South Africa is so richly blessed, has been critical for the development of the South African economy. Unfortunately, the benefits of these vast mineral resources, some of which are close to depletion, have historically accrued to only a few.
Although the MPRDA lays the foundation to ensure that the mining industry transforms for the benefit of the larger section of our nation, much more needs to be done to ensure that all citizens, ordinary workers and local communities share in these benefits. The Mineral and Petroleum Resources Royalty Bill of 2008 will make a contribution towards greater transparency, sustainability and the wider distribution of benefits.
I would like to express our sincere appreciation to Chairperson Nhlanhla Nene and the members of the Portfolio Committee on Finance, and also the Chair and members of the Minerals and Energy Portfolio Committee for their valuable role in the process. Deputy Speaker, I hereby introduce the Mineral and Petroleum Resources Royalty Bill of 2008. I thank you. [Applause.] Bill referred to the Portfolio Committee on Finance for consideration and report.
FINANCIAL SERVICES LAWS GENERAL AMENDMENT BILL
(Second Reading debate)
The MINISTER OF FINANCE: Deputy Speaker, the Financial Services Laws General Amendment Bill being debated in this House today addresses urgent technical and regulatory issues in a number of our financial sector laws.
The proposed amendments are required in order to update existing legislation, to close regulatory gaps in existing statutes, and, importantly, to provide for increased enforcement capabilities for the Financial Services Board in terms of the laws that they administer.
Some high-profile cases of abuse, such as the protracted Fidentia matter, have highlighted the need for tighter financial sector laws, better enforcement capability and improved co-ordination between various regulators and statutory bodies in the financial sector. National Treasury has commenced a process whereby gaps in legislation are identified so that co-ordination between regulators can be improved.
While this work is ongoing, there are a number of important interventions that can and must be made now in order to provide consumers with increased peace of mind and protection.
In terms of the Bill before the House, it is an accepted principle of financial regulation that supervisors need the power to take action against those who are not compliant with the law. The Bill proposes the establishment of an enforcement committee, building on the model ratified by this House when passing the Securities Services Act in 2004.
The registrars at the FSB will be able to refer matters to the enforcement committee and that committee will have the ability to impose administrative sanctions and grant compensation orders to those identified who have suffered loss. In order to protect the fundamental rights of access to court enshrined in our Constitution, a party aggrieved with the decision of the enforcement committee retains the right to take the matter to court.
The establishment of this enforcement mechanism is a major step forward in the architecture of our regulatory system, but is not the only improvement proposed in the operation of the Financial Services Board. As members of this House are no doubt aware, the FSB has an independent appeal board which hears appeals against decisions made by the respective registrars at the FSB.
Since the establishment of the appeal board, the regulatory scope of the FSB has been significantly extended by the passing of legislation such as the Financial Advisory and Intermediary Services Act, which brought some 14 000 intermediaries into the net. This inevitably has meant that the number of appeals against decisions of the various registrars has increased.
This accordingly implies that the structure of the appeal board needs to be reviewed so that matters referred to it are heard timeously. The Bill therefore proposes a restructured appeal board which will be sufficiently resourced to deal expeditiously with matters placed before it, by being able to hear a number of appeals concurrently.
I would now like to turn to some of the other key proposals contained in the Bill, which seek to reinforce the principle of consumer protection embedded in our financial sector laws. Firstly, in terms of the Pension Funds Act, the Bill establishes beneficiary funds which will be entitled to receive benefits following the death of a member. In the past these moneys often went into trusts not under the supervision of the FSB where little oversight was possible. In future, widows and orphans entitled to such moneys will be afforded the protection of the Registrar of Pension Funds and the Pension Funds Adjudicator.
Secondly, with respect to the National Payment System Act, the Bill proposes the inclusion of nonbank clearing system participants who are currently outside the supervision of the SA Reserve Bank. This enabling provision in the Bill is a step towards improved competition in banking, and the regularisation of the affairs of the Post Bank under the watchful eye of the SA Reserve Bank.
Thirdly, with respect to the Financial Advisory and Intermediary Services Act, the Bill proposes the tightening of a number of provisions dealing with the suspension and withdrawal of a financial services provider’s licence, the “naming and shaming” of wrongdoers, and stronger provisions regarding inspections and on-site compliance visits by the regulator.
I would like to convey my special thanks to the Portfolio Committee on Finance, under the steady hand of Mr Nhlanhla Nene. The committee consistently provides an insightful review of legislation placed before it for consideration.
Deputy Speaker, I hereby request that the House pass the Financial Services Laws General Amendment Bill, 2008. I thank you. [Applause.]
Mr K A MOLOTO: Madam Deputy Speaker and hon members, financial institutions play a critical role in the smooth functioning of any modern economy and assist with redirecting peoples’ services into capital investment necessary for economic growth. The failure of any financial system due to the lack of consumer confidence, among others, will be the undoing of any economy. Policy-makers all over the world do everything to instil confidence in their financial system. Trust, integrity and proper regulation are the glue that holds the system together. We need to ensure that the system is stable and instils confidence in all stakeholders.
Therefore, it is crucial that we review all current financial legislation to assess its relevance to current challenges. The recent abuses in the financial services industry highlight the need to review the powers given to our financial regulators and close any regulatory loopholes. Consumers deserve to be protected. An individual cannot be expected to assess the risk of any financial institution and take the necessary protective measures; that is the role of the financial regulators. We need to support this Bill, which has, as its main objective, consumer protection.
The Financial Services Laws General Amendment Bill amends several pieces of financial sector legislation under the administration of the Financial Services Board and the SA Reserve Bank. The Fidentia matter clearly indicates that the protective measures applied to moneys paid into trust for the benefit of minors are inadequate.
Under the current law, moneys paid into trust under section 37(c), intended mainly for minors, are not subject to the Pension Funds Act once they are transferred out of a specific pension fund. These types of trusts are generally supervised by the Master of the High Court. The Association of Trust Companies of South Africa confirmed during the hearing that the regulatory capacity and framework in the office of the Master of the High Court are inadequate. The Fidentia matter has exposed the inadequacies in our regulatory framework.
This Bill provides for the establishment of beneficiary funds into which minors’ moneys can be paid. The Financial Services Board will be required by this Bill to exercise oversight over these beneficiary funds. We need to protect orphans and widows. The Bill stipulates that all beneficiary funds established on or after the commencement date of the Pension Funds Amendment Act of 2008 must register with the FSB in terms of this Act. The registrar may exempt any fund where practical difficulties hinder the strict application of a specific provision of this Act.
There are certain stakeholders in the financial services sector who are unhappy with the powers conferred on the FSB in this Bill. The concern is around the power of the FSB to conduct on-site inspections. We have clarified this matter during the debate on the Financial Intelligence Centre Bill. One is once more compelled to restate the explanation given in that debate. The power to conduct on-site inspections by a regulator is a well-established international practice.
Inspection methodologies differ from country to country. In the United States of America, for example, large teams of inspectors spend a lot of time at the premises of a financial institution, conducting a thorough review of most areas of regulatory compliance. The British model of inspection is more risk-based, where small teams spend a short period at the premises of the financial institution conducting a review of specific issues identified by off-site analysis. We cannot water down this important regulatory principle.
The current Pension Funds Act has serious limitations. Under current law, the Registrar of Pension Funds cannot remove any pension officer if he or she is no longer fit and proper. The registrar is empowered by this Bill to act speedily to remove such an officer with the aim of protecting the interests of beneficiaries. Trust and integrity hold this system together. The registrar needs these powers to help in restoring consumer confidence once a principal officer, valuator or auditor has lost the fit and proper status.
This Bill also makes provision for whistle-blowing. The principal officer and/or the auditor must, on becoming aware of any matter relating to the affairs of a pension fund which, in the opinion of the auditor or the principal officer, may prejudice the fund or its members, inform the registrar thereof in writing.
The principal officer or the auditor must, within 21 days of his or her appointment being terminated by the Fund, submit a written report to the registrar detailing the principal officer’s perceived reasons for the termination. Trustees have to be held accountable for their actions.
The current National Payment System Act does not make provision for certain nonbanking institutions taking part in the clearing and payment system. This poses major risks as the SA Reserve Bank does not have the oversight responsibility over third-party providers and system operators.
The Bill addresses these shortcomings by making provision for new participants in the national payment system and bringing them under the supervision of the SARB. The Banking Association of SA was concerned that the entry and participation of nonbanks in the national payment system poses some risks. This Bill clearly stipulates that the new participants will have to meet the criteria set by the SARB.
The national payment system is the bedrock of the stability of any modern financial system. Failures can disrupt the financial system and bring the whole economy to a halt. Last year this House passed the Pension Funds Amendment Act which brought about the clean-break principle on divorce. There are those who wanted to interpret the matter incorrectly. We are restating the clean-break principle in this Bill. Divorce orders granted prior to 13 September 2007 must be paid or transferred in accordance with the wishes of the nonmember spouse, as it would normally apply with divorce orders granted after 13 September 2007.
In conclusion, let me remind the House that sound macroeconomic policy is the bedrock of comprehensive prudential and market conduct regulation. Price stability is essential to the overall efficiency and stability of any financial system. Inflation expectations have to be anchored. This is essential for the smooth functioning of the financial services industry. The ANC supports this Bill.
Dr D T GEORGE: Madam Deputy Speaker, there is no doubt that the regulatory gaps in the financial sector have been exploited to the detriment of South African consumers. In 2001, Prof John Murphy, the first Pension Funds Adjudicator, speaking on the subject of pension fund conversions from defined benefit to defined contribution structures, stated:
Unfortunately, this has happened with inadequate supervision under legislation conceptualised and enacted in 1956 and updated minimally on a piece-meal basis. With the wisdom of hindsight, it is fair to say that the regulatory framework has not been up to the task.
South African pension fund conversion saw a significant deviation from international practice in determining the value of the surplus in the fund. This stripped members of investments risk protection without adequate compensation. The regulator did not act until legislation was required to redress the wrongs perpetrated against fund members, to the tune of billions of rands.
This expensive lesson suggests that the regulator needs to know what is happening in the industry and needs to be proactive in identifying practices that should not be tolerated. The regulator needs to be able to alert consumers to practices detrimental to their interests and needs to have sufficient sanction available to be taken seriously.
The Financial Services Laws General Amendment Bill forms part of the process to improve the regulatory framework and to further empower the Financial Services Board to protect the public. During the course of public hearings, it was clear that stakeholders had not engaged in meaningful dialogue from the outset. An ongoing conversation between the regulator and the regulated should be a feature of our financial services landscape.
This will permit those industry players who are actually committed to good governance in the industry to work with the regulator in sharpening the regulatory environment. It is far too easy for the industry not to co- operate with the regulator and to subsequently criticise legislation as flawed. This is not helpful or in the public interest.
The Bill establishes an enforcement committee across the Financial Services Board with powers to impose administrative sanctions and grant compensatory orders. It permits the Financial Services Board to disclose information to the public and other regulators.
The Bill protects pension fund beneficiaries by bringing payments to them under the protection of the Pension Funds Act via beneficiary funds. Principle officers are now required to be fit and proper and must act when they become aware of undesirable practices.
The Bill enables the Financial Services Board to conduct on-site visits to providers and intermediaries. Names of those whose licences are suspended can be publicised and compliance officers can be removed if they are not fit and proper. When membership of a retirement annuity fund is transferred from an underwritten fund to a non-underwritten fund, ongoing trailer fees for advice must be agreed in writing, and on an ongoing basis.
Much remains to be done in terms of consumer education, which is the ultimate key to consumer protection and good governance. Asymmetrical information disempowers investors and works to their detriment. Despite the improvement to the regulatory environment as set out in this Bill, much work remains to be done. As at 31 March 2008, 10 602 complaints were outstanding for resolution at the Office of the Pension Fund Adjudicator.
The Board of Trustees of the Pension Fund, assisted by the principal officer, is responsible for governance of the fund. Too many examples exist where trustees have not acted in line with the principles of good governance, the rules of the fund or the law. Pension Fund circular 130 has set out guidance on good governance for trustees, but it is not formally enforceable. This needs to be written into law. The DA supports this Bill. Thank you. [Applause.]
Mr H J BEKKER: Madam Deputy Speaker, the Financial Services Laws General Amendment Bill can accurately be described as an omnibus as it amends no fewer than 12 statutes. In general, the amendments will update existing laws, close regulatory gaps, and, most importantly, increase the enforcement of the Financial Services Board, especially in the light of recent high-profile abuses in the financial sector, like the Fidentia scandal and several others.
South Africa has a reputation for having a highly specialised and efficient financial services sector - a factor that definitely plays a role when investors make decisions about investing here in South Africa. It is therefore of the utmost importance that this reputation is maintained and even further enhanced.
The IFP therefore fully supports the provision to increase the enforcement ability of the Financial Services Board as the guardian in maintaining the highest standards of legal compliance in the sector.
We also welcome the clarification that the Bill brings to the FSB, sharing information with other regulators and disclosing certain information to the public if it is in the interest of improving co-ordination and enforcement across the country’s borders and with other regulatory bodies in South Africa.
The IFP supports this Bill as it should ensure a well-regulated financial services industry, protect consumers and provide certainty to the industry as well as to investors and specifically beneficiaries of pension funds. Thank you.
Ms S RAJBALLY: Madam Deputy Speaker, the MF acknowledges that this Bill serves to address a number of shortfalls and, in effect, amends a number of related Bills.
We are pleased at the greater clarity and assurance offered in terms of pensions of beneficiaries of the deceased. It is very important that we ensure that the families and loved ones are appropriately attended to and their rights preserved at the time of death.
I am further pleased that whistle-blowing has been addressed and the amendments made to the Financial Services Board Act will see the management of the sector and the board enhanced. It is certain that clarity has been given on a number of platforms that were previously challenged.
The MF sincerely hopes that the amendments made will service the sector and further contribute to stamping out corruption and induce effective financial mechanisms. The MF supports the Financial Services Laws General Amendment Bill. Thank you.
Ms N R MOKOTO: Thank you, Madam Deputy Speaker …
… batlotlegi mo Ntlong, maloko a Komiti ya Matlotlo, ke a lo dumedisa. Go thata gore ke bue morago ga Tona gonne a setse a tlhagisitse dintlha tse dintsi tse ke neng ke rata go bua ka tsona, ke di tlhagisetsa Ntlo. Ke tla leka ka bojotlhe gore ke di beye ka Setswana mme mo ke palelwang teng, ke tla di bua ka Sejatlhapi.
Molaotlhomo o re o sekasekang gompieno fa, ke Molaotlhomo o o lekang go fetola tsamaiso ya melawana ya matlotlo, o o welang ka fa tlase ga Financial Services Board le SA Reserve Bank, mme molawana o, ke wa General Financial Services Laws Amendment Bill. O leka go fetola molao wa tsamaiso ka fa tlase ga melao e e lateng; Financial Services Board Act, Pension Funds Act, Protection of Funds Act, Friendly Societies Act, South African Reserve Bank Act, Securities Services Act, Long-term Insurance Act, Short- Term Insurance Act, Co-operative Banks Act le National Payment System Act.
Go botlhokwa go lo itsise gore ditlhabololo tsa melawana e, di simolotswe ka 2007 ke balaodi ka go farologana mo intasetering ya rona ya matlotlo go thiba diphatlhana tse di itshupileng tse di tlisang tiriso e e botlhaswa ya tsamaiso mo intasetering. Botlhokwa jwa diphetogo tse bo tla re thusa gore re itepatepanye le tlhokego e kgolo ya go podisa kgotsa go tlhamalatsa tsamaiso e e sokameng le go gakala ga ditiro tsa bobodu le tsietso mo intasetering ya rona ya matlotlo jaaka go diragetse ka Fidentia le Leaderguard. Gantsi ba ba amegang mo ditiragalong tse ke badirisi mme molao o leka go ba sireletsa le go netefatsa gore molao o, o diragadiwe ka gale.
Fa o lebelela molao wa Financial Services Board o tla fitlhela gore molao o ga o tle ka tsamaiso e e netefatsang gore go nne le kgatelelo ya go diragadiwa ga molao, ke gore “enforcement”. Kgatelelo ya tiriso ya molao o e fitlhela fela mo tshireletsong ya matlotlo, e e lebelelang gore a go na le kgwebisano ya mmaraka kgotsa go na le bothata ba go sa direleng batho sentle. Molawana o re o lebelelang gompieno o leka gore re kgone go kitlana, re tswale diphatlhana tseo.
Jaaka go ntse jalo, Financial Services Board e tlile go natlafadiwa ka go tlisa komiti ya tirafatso e e tla netefatsang gore batho botlhe ba ba tlisang ditirelo tsa matlotlo jaaka diinšorense, diborokhara, jalo le jalo, ba tlile go bona tlhokomelo e e lolameng. Tlhokomelo eo e tla dira gore ba tlise ditirelo ka fa tlase ga tsamaiso e e tlhamaletseng ya molao.
Financial Services Board Enforcement Committee e tlile go bona maatla a go ka tlisa dikotlhao tse di tlhokegang, kgotsa go fa ditaelo tsa go tlhatswa diatla. Dikotlhao tseo di tla tlisiwa ka nako e khutshwane. Ga go kitla go tsaya sebaka jaaka re itse gore Financial Services Board jaanong jaaka e sena komiti ya tirafatso, bontsi ba melawana ya yona e ntse e ya kwa kgotlatshekelo fa batho ba paletswe ke go diragatsa molao. Jaanong Financial Services Board e tla kgona go diragatsa le go rarabolola mathata a a amang baagi. Fa komiti ya tiragatso e setse e le mo tirisong e tla kgona go tsaya tshweetso e batho ba ka kgonang go ikuela kgatlhanong le yona kwa High Court.
Selo seo se tlile go re thusa gore re nne le tsamaiso ya matlotlo e e nang le seriti mo Aforika Borwa, e bile e dira gore batho ba nne le tshepo mo tsamaisong ya rona ya matlotlo. E tlile go kganela bogodu kgotsa tsamaiso e e sa lolamang ya matlotlo. E tla feleletsa e sireletsa badirisi le go netefatsa gore balaodi ba rona ba nna le maatla kwa ba leng teng.
Go na le mo go buiwang ka Appeal Board, e leng kwa batho ba ka kgonang go ikuela teng kgatlhanong le ditshweetso tse di tserweng kwa komiting ya tiragatso. Appeal Board e tla nna komiti e e eteletsweng pele ke baatlhodi kgotsa babueledi ba ba rotseng tiro, fela ga e tsamaisane thata le komiti ya tirafatso. Go tlile go kgonega gore fa komiti ya tirafatso e tsaya tshweetso mme motho a bona go le botlhokwa gore a ikuele kgatlhanong le tshweetso e e tserweng, e bo e kgona go dira seo ka nako e khutshwane e bile e somarela ditshenyegelo.
Fa o sekaseka, Financial Services Board e na le tetla ya go tlhopa batsamaisi ba tirelo ya matlotlo ba ba tshwanetseng go nna le nonofo le tolamo, e nne batho ba ba se nang mokgwanyana o o bofitlha wa go ka tsietsa baagi.
Go ya ka fa Tona a setseng a buile ka teng re tlile go tlhoka gore Financial Services Board fa e tlhopha kgotsa fa e naya batho bao dilaesense e bo e itse gore ke eng se batho ba se tlhokang tota. Ka tsamaiso eo Financial Services Board e tlile go kgona go latedisisa batlamedi ba matlotlo ba ba bonweenwee. (Translation of Setswana paragraphs follows.)
[… hon members of this House, members of the Finance committee, I greet you. It is difficult to speak after the Minister has spoken because he has already pointed out most of the facts that I wanted to elaborate on before this House. I will try to present them in Setswana but where I find it difficult, I will resort to English.
The Bill we are analysing here today falls under the Financial Services Laws General Amendment Bill. It tries to change the procedures under the following Acts: Financial Services Board Act, Pension Fund Act, Protection of Funds Act, Friendly Societies Act, South African Reserve Bank Act, Securities Services Act, Long-term Insurance Act, Co-operative Banks Act and the National Payment System Act.
It is also important to inform you that this amendments to this Bill were started in 2007 by various leaders in the Finance industry with the intention of plugging the obvious loopholes that might lead to the flouting of the procedures in the industry. The importance of these amendments is to deal efficiently with the irregularities in the financial industry, as happened with Fidentia and Leaderguard. In most cases, the consumers are the ones affected in these irregularities; hence the Act will ensure that amendments are implemented to protect them.
In principle, the Financial Services Board Act seems not to specify its enforcement. This is only found in securities finance where you find that there are business dealings with the market or there is a problem of consumer care. With this Bill we are trying to close those loopholes.
As it is, the Financial Services Board will have a committee that will ensure that all insurance and brokers are well taken care of. Furthermore, this will ensure that they deliver services under the correct procedures of the Act.
The Financial Services Board Enforcement Committee will have powers to implement penalties or to compensate the consumers. The expectation is that these penalties will be implemented soon. The Financial Services Board will be able to implement and explain the problems experienced by residents. People will be able to make an appeal to the High Court against the decisions taken by this committee.
These amendments will help us to have a respected Financial Authority in South Africa, which can help people to have confidence in our handling of finances. Furthermore, it will also protect the consumers and ensure that the authorities do have powers wherever they are.
The Appeal Board, which is mentioned somewhere in the Bill, will be a committee that consists of retired judges and lawyers, but its functions are not similar to that of the Portfolio Committee. It will make it possible and less expensive for a person who would like to make an appeal. The Financial Services Board has permission to elect a financial services authority that is effective and fair - people with no hidden agendas and intention of cheating residents.
According to what the Minister has said, the Financial Services Board must ensure that it really knows what the needs of the people are before it elects or gives licences. The Financial Services Board will be able to follow up on dishonest service providers.]
In that case, we’ll be able to get people on time. It’s just a radical shift which will help the Financial Services Board not to operate on complaints only.
E tlile go kgona go tlhatlhoba mafelo a a jaaka dibanka le diinšorense go tlhola gore go diragala eng, gore a batho ba rona ga ba tsiediwe mme e bo e tsiboga ka nako. Go na le ntlha e nngwe e molawana o o e tshitshinyang gore re tshwanetse re tlhagise botlhe ba ba nang le boferefere kgotsa botsukunape ba dirisa Financial Services Board jaaka leotwana la go dira madi. Batho ba ba fitlhelwang ba dira jalo ba tshwanetse go tlhagisiwa mo dikuranteng le mo thelebišeneng re bone gore ke bomang, re ba itse re kgone go ba tshaba. Seo se bidiwa … (Translation of Setswana paragraph follows.)
It will be able to oversee institutions like banks and insurance companies, go and check what is really happening, and if it is discovered that people have been cheated, it will act efficiently and effectively. The Bill suggests that those who use the Financial Services Board as a wheel to make money must be exposed through newspapers and television so that we can avoid them. That is referred to as the …]
… naming and shaming of financial services providers.
Ke a leboga. ANC e dumelelana le Molaotlhomo o. [Nako e fedile. [Legofi.]] [Thank you. The ANC supports the Bill. [Time expired. [Applause.]]
The MINISTER OF FINANCE: Madam Deputy Speaker, I was just fascinated by the new lexicon of Setswana words, such as “unscrupulous” and so on. I think that the point about closing this debate here is actually to say thank you to the committee that functions very well, because on this and on a number of other pieces of legislation the conduct of the committee is exemplary. It meets and its members persuade each other on the best possible advice, and I think that is a consistent theme with the Portfolio Committee on Finance.
I would just like to reinforce some of the points, such as the one hon Moloto referred to regarding some financial service providers who are unhappy with this Bill. I want to say to them that the licence to operate a financial service is not a prison sentence. They may hand back the licence if they are unhappy, but for as long as we have a responsibility towards consumers, users and depositors, rest assured that financial service providers will be properly regulated. That is what the Bill tries to do and I think that’s the message.
The second issue is the national payment system. Clearly there are elements of risk. I know that this is a matter that the Competition Commission is looking at, at the moment, under the chairmanship of Justice Jali and there will be a report tomorrow about the national payment system. So let’s wait for that and then comment on those issues.
The hon Dr George raised a valid point about the regulator needing to know. Of course, it’s very difficult in an environment where you have as many licence providers as the nonbanking financial services have in this country. So it is the responsibility of the industry associations to play part of the role not just as a lobbying but also as a reporting kind of an institution. Shortly a new body will be formed - an overarching body called the Savings and Investment Association - and we must, from its establishment, encourage that organisation to play that role so that we can have symmetry of responsibility in protecting the value of licences.
All the parties and all the members who spoke here support the Bill. We express appreciation for this and ask that you take the Bill forward to the next stage. Thank you very much, Deputy Speaker.
Debate concluded. Bill read a second time.
INSURANCE LAWS AMENDMENT BILL
(Second Reading debate) The MINISTER OF FINANCE: Deputy Speaker, I should have lobbied the hon Seaton to ensure that we could get a productivity bonus for bringing so many Bills here.
The Insurance Laws Amendment Bill of 2008, is very similar to the Financial Services Laws General Amendment Bill, the one that has just been described by the hon Bekker as an omnibus Bill, because it seeks to address urgent technical and regulatory issues in both the Long-term and the Short-term Insurance Acts.
The amendments are contained in one amending Bill as many of the provisions are similar in the two pieces of legislation. In broad terms, the proposed amendments to the Long-term and the Short-term Insurance Acts are required in order to close the regulatory gaps identified in existing statutes; to effect improvements to certain provisions of existing legislation; and to update outdated references.
The amendments, firstly, expand the written and reporting obligations of independent risk assessors such as auditors and statutory actuaries to enhance transparency in corporate governance of client funds, thereby strengthening consumer protection and industry oversight.
Secondly, they improve risk management rules for insurers in a move towards risk-based supervision, with the main objective of promoting a more stable financial system – particularly relevant against the backdrop of recent financial market turmoil - as well as an improved allocation of regulatory resources in the esteemed Financial Services Board, allowing for more effective supervision of our financial services sector.
Thirdly, they protect customers by regulating and clarifying the relationship between an insurer, on the one hand, and an outsourced person, who provides service functions between the insurer and the client, on the other, in an instance where the insurer’s liability may be varied by the insurer giving authority to the third party to take on, or to manage, the insurance business.
Fourthly, they provide additional regulatory protection for consumers of assistance business policies; and, lastly, they clarify the regulatory demarcation of products between health and financial services to ensure alignment between health and financial sector policy.
In closing, I would like to remind this House that the proposed amendments are crucial to strengthening consumer protection, enhancing financial stability and removing legal uncertainty across the Acts.
I would again like to convey my very special thanks to the portfolio committee under the steady hand of its Chairperson, the hon Nene. The committee consistently provides an insightful review of legislation placed before it for consideration and I hereby request that the House supports the Insurance Laws Amendment Bill 2008. I thank you.
Mr N M NENE: Deputy Speaker and hon members, as has been said, there are similarities between the two Bills we are dealing with.
In this case, we are dealing with the insurance industry and, as has already been said, the insurance industry plays an important role in the economic cycle as it provides that mechanism of reallocation and pooling of resources, so that provision is made for certain eventualities and sharing of risk.
If there is a compelling argument for state intervention that is accepted by even the most ardent market fundamentalists, it is that of capital market imperfection. This is classified as a special case of market failure and, therefore, it is of the utmost importance that the developmental state keeps a constant watch over the capital market in the interest of the economy and the population at large.
In the ANC’s strategy and tactics we speak of a national democratic society that has a mixed economy with state, co-operative, and other forms of social ownership in private capital. The balance between social and private ownership of investment resources should be determined on the balance of evidence in relation to national development needs and concrete tasks of the national democratic revolution at any point.
It goes on to state that in this regard the state will relate to private owners of investment resources in the context of national objectives to build a better life for all. Through its various capacities the state would encourage socially beneficial conduct on the part of private business. Similarly, through such capacities it will ensure that these investors are able to make reasonable returns on their investments.
In response to these commitments, the ANC-led government continues to consistently align the regulatory framework in the insurance industry to the current needs and conditions of this national democratic society.
The Bill before this House today seeks to strengthen the legislative framework for a sound and well-regulated insurance services industry and to provide financial market stability to the industry players, as well as consumers. This has been necessitated by a number of factors, among which has been the gaps that have been identified in existing statutes during the implementation - particularly the Long-term Insurance Act of 1998 and the Short-term Insurance Act of 1998, commonly known as Act 52 of 1998 and Act 53 of 1998, respectively.
It also seeks to clarify the demarcation between health insurance and medical schemes, as defined in the relevant legislation, which my colleague, Ntombikayise Sibhidla, will be talking about.
It further updates the outdated references to applicable legislative provisions, such as the Companies Act of 1973, which has since been amended by the Corporate Laws Amendment Act of 2006, as well as the Medical Schemes Act of 1998, which is Act 131 of 1998.
An important feature of this amendment is that of consumer protection, particularly in the long-term insurance industry. Clause 16 introduces a provision that ensures that policies sold to clients are actuarially sound. Subsection 1 of this section clearly states that insurers shall not enter into any particular kind of long-term policy unless the statutory actuary is satisfied that the premiums, benefits and other values thereof are actuarially sound and that the awarding of bonuses to policyholders is done in accordance with the principles and practices of financial management of the long-term insurer to the absolute satisfaction of the statutory actuary.
A further protection of consumers comes in the form of the limitation of remuneration to intermediaries, which has been the subject of discussion between National Treasury and the industry for a very long time, and has culminated in the signing of the statement of intent some time last year. This is given legal effect through clause 17, which substitutes section 49 of the Long-term Insurance Act of 1998. It states that all commissions and/or remuneration shall only be payable in terms of the regulations. This is intended to ensure that the remuneration of intermediaries does not unnecessarily prejudice the policyholders due to the asymmetry of information.
In the interests of our participatory democracy, an open process of consultation between the industry and National Treasury was allowed to continue even after the department had informed us that most of these matters had been adequately canvassed. The committee did this because when the department briefed the committee, most submissions indicated that they were not given enough time to consult with their constituents.
While we agree that the consultation between the department and the stakeholder is separate from the parliamentary process, the two are inextricably linked. As a result, when the industry raised concerns regarding a lack of consultation with National Treasury and the Financial Services Board, we proposed further engagement which culminated in a workshop that attracted a very broad spectrum of stakeholders and resulted in some substantial amendments to the Bill as it was originally drafted. This, to a great extent, assisted our process in as far as consultation was concerned.
Whilst this process was under way, the committee reopened the process so as to allow anybody that may have missed the opportunity to make submissions to do so. During this period the committee did not receive any additional requests, even though there were media reports in this regard and all those who had concerns were duly informed of the extension. I must say that even though the executive had discharged its responsibility in respect of consultation, the department and the Financial Services Board continued to engage with the industry, going the extra mile, if I may say so.
I must say that I was surprised to learn that one player in the industry still feels that the committee did not comply with section 59(1) of our Constitution, which enjoins the National Assembly to facilitate public involvement in the legislative and other processes of the Assembly. I want to submit before this House that the only people that still do not have a voice are the consumers, and not the industry.
I find it very strange that the stakeholder that had an opportunity and resources to make submissions chose not to make a submission to the committee, but to resort to unwarranted legal recourse after the Bill had been passed by the committee. I would like to submit that, in the absence of consumer activism in South Africa, the people’s Parliament must extend the service to our constituency offices and deeper into our communities.
Angivume ukuthi uma kukhona lapho sehluleke khona ukulalela imizwa yabantu ngokwale ntando yeningi ekudingideni lo Mthethosivivinywa, kulapho singafinyelelanga kubantu bonke abathintekayo yilo Mthethosivivinywa, ikakhulu labo abasemakhaya lapho kungafinyeleli ubuchwepheshe besimanje namaphephandaba, lapho sikhangisa khona uma kuzoba nezithangami. Mhlawumbe ngokuzayo kuyofanele siye kubo abantu bakithi, siyeke ukukwitiza isiNgisi esingapheli uma sishaya imithetho kanti ibathinta ngqo. (Translation of isiZulu paragraph follows.)
[Let me admit that there were instances where we failed to listen fully and democratically to the people’s inputs concerning this Bill, and, as a result, we did not reach all those that are affected by this Bill, especially those in remote rural areas where modern technology and newspapers cannot be easily accessed, which are the media that we use to advertise our public hearings. Maybe next time we will need to go to our people and stop speaking in a foreign tongue - English - when we pass the laws that directly impact on them.]
As I conclude, allow me to share with this House the evidence of consultation that saw some measurable results. A letter written by the Aids Law Project on 4 June 2008, in which a number of issues were raised, and a subsequent one which followed on 12 June 2008, in which they expressed their appreciation to the department after their concerns were addressed, are just two examples.
I would like to thank everyone who participated in this process for their valued contribution, particularly National Treasury officials, the Financial Services Board, the Department of Health, the medical schemes industry, the insurance industry and the committee members who continue to be overworked and underpaid. The ANC supports the amending Bill. I thank you.
Dr D T GEORGE: Chairperson, the concept of insurance is very simple. One party promises to compensate another in the event of a particular circumstance. The earliest authenticated insurance contract, a marine insurance contract on a ship, the Santa Clara, was signed in Genoa 661 years ago, in 1347.
Since then, the insurance industry has evolved in complexity and into a significant intermediary in the international economic system. The insurance industry in South Africa performs an important role in our economy by sharing various risks.
Given the industry’s size and financial reach, instances have arisen where the contract between the insured and the insurer has been substantially one- sided. An example is the excessive withdrawal penalties that were applied to underwritten retirement annuity funds. In many instances, members received no benefit at all from the funds invested because they did not fully understand the terms and implications of investments underlying the retirement products that they had purchased. The Insurance Laws Amendment Bill seeks to strengthen and provide stability to the regulatory framework applicable to the insurance services industry.
The Association of Collective Investments, the Investment Management Association and the Linked Investment Service Providers Association are merging, and the Life Offices’ Association is considering membership of the new grouping. A combined entity is likely to present a far stronger lobby group in favour of service providers in the industry.
It is important to ensure that the regulator is sufficiently equipped to participate as an equal on this playing field. Public participation in respect of the Bill indicated that dialogue between the industry and the regulator needs to intensify in the interests of consumers.
The Bill places restrictions on dividend payments that would result in the failure or likelihood of failure of the insurer. This should prevent insurers from making payments to shareholders under circumstances where they cannot meet their obligations to policyholders.
Binder agreements are regulated so that the insurer retains the underwriting risk and policyholders are made aware of who exactly is providing the cover. This should prevent various parties in the service chain from disclaiming responsibility in the event of a claim.
Administrators bulking bank accounts in the retirement fund industry is an example of how agents can seek to profit off assets that belong to others. Where profits are made as a result of positive claims experience from members, the benefit should accrue to members in the form of reduced premiums.
This does not always happen. Where profits are shared between the underwriter and various participants in the service chain, perverse incentives can arise where claims are delayed or not submitted in order to attract a share of the profits. This is detrimental to consumers who are the actual source of profit. The Bill restricts profit-sharing to certain circumstances.
In consultation with the Minister of Health, the Minister of Finance may make regulations identifying a particular type of insurance contract as a health policy. This highlights the tension between the need to develop an effective healthcare system and the need for individuals to make decisions on the most appropriate level of health cover applicable to their own circumstances. There is no reason why an individual, covered under a medical scheme and participating in the process of cross-subsidisation, cannot also be empowered to purchase an appropriate health insurance product. The courts appear to agree. An area that requires further attention is that of consumer credit insurance. A recent report on the subject was completed without inputs from consumer organisations and never addressed the fundamental question of why credit insurance is required at all, given that interest rates are usually set at a relatively high level to compensate for the higher incidence of default.
Retail stores selling consumer goods have been accounting for insurance premiums upfront and thus inflating their profits. The question arises as to how much profit is generated off the back of credit insurance and whether this is desirable or in the interests of consumers. The matter requires further investigation. The DA supports the Bill. Thank you.
Mr H J BEKKER: Chairperson, the Bill being debated today amends the Long- term Insurance Act and the Short-term Insurance Act. In amending these Acts, it aims to achieve a more precise demarcation between them and the Medical Schemes Act of 1998.
The amendments contained in the Bill are needed to update the existing laws, close certain regulatory gaps and generally improve the legislative framework. The last-mentioned is very important for a sound and well- regulated insurance services industry, and to provide financial market stability to the industry and consumers.
The Bill is the result of wide-ranging consultation between the insurance industry and intermediary bodies on conflicts of interest as well as consultation with the Department of Health and the Council for Medical Schemes on a demarcation between health policies and medical schemes.
In respect of the latter, the IFP fully supports the agreement that was reached to the effect that health insurance policies will be regulated solely in terms of the Long-term and Short-term Insurance Acts.
The regulations for this demarcation will be promulgated by the Minister of Finance in consultation with the Minister of Health and after consultation with the Council for Medical Schemes and the Financial Services Board. The IFP supports this inclusive process.
The IFP welcomes the fact that information on health policy products will have to be filed with both registrars and that they will enforce the regulations in terms of their respective Acts.
In conclusion, the successful implementation of the Bill will be determined to a large extent by whether a close working relationship can be established between Treasury, the Department of Health and the relevant registrars. The IFP certainly hopes that that will be the case. Thank you.
Ms S RAJBALLY: Chairperson, many South Africans contribute large sums of their monthly earnings to insurance funds. As experienced by many, while you tend to pay regularly, when it comes to claiming insurance, you are hassled with technicalities, incidents that the insurance does not cover and so forth.
The MF is pleased that this Bill exists to govern the system of insurance and respects that the amendments to this Bill serve to close the gap in respect of shortfalls and further adequately addresses both short-term and long-term insurance.
Insurance fraud has also made itself known in our society and the MF considers it crucial for us to find ways to sniff out these perpetrators to secure our people and the insurance community. The MF supports the Insurance Laws Amendment Bill. Thank you.
Ms N N SIBHIDLA: Chairperson, the ANC, at its 52nd national conference, resolved that a developmental state like ours should maintain its strategic role in shaping the key sectors of the economy. It further acknowledged that the interventions by the state will differ, but we need to bear in mind that our strategic objective is to strategically intervene in these sectors to drive growth, development and transformation of our economy. The Bill before the House is premised on an understanding that for us to deliver to the principle of a better life for all, we need to regulate the financial sector for the benefit of consumers, investors and society at large. Without a clear regulatory framework, the state loses large amounts of revenue, which can be used to better the lives of our people.
The Insurance Laws Amendment Bill proposes amendments to the Long-term Insurance Act, Acts 52 of 1998, and the Short-term Insurance Act, Act 53 of
- The proposed amendments are required in order to update existing legislation, close regulatory gaps identified in existing statutes and effect improvements to certain provisions. The primary objective of the Bill is to strengthen the legislative framework for a sound and well- regulated insurance services industry and to provide financial market stability to industry players as well as consumers.
In the insurance industry there are a number of problems with regard to persons rendering certain services on behalf of insurers. Here I am talking about administrators, funeral parlours and brokers. The problems are that agreements between insurers and the insured persons are not always concluded in writing and sometimes do not contain terms and conditions of these agreements. This impacts negatively on the lives of the poorest of the poor, while the industry, on the other hand, is multiplying its profits.
The other problem is that policyholders may not be aware of the name of the insurer who is liable, under the policy, for the benefits. Izikhathi eziningana siyezwa ukuthi abantu bakithi uma beyothenga ezitolo ngabe ngezefenisha noma izimoto, bazithola besayinda amaphepha omshwalense ngaphandle kokuthi banikezwe ithuba lokuzikhethela umshwalense abawuthandayo. (Translation of isiZulu paragraph follows.)
[In most cases we hear that when our people go to buy something in the shops - it could be a furniture shop or even a garage - to buy a car, they find themselves signing insurance papers without being given a chance to choose the insurance that they like.]
The amendment to the binder agreement seeks to address all these problems and protect the consumer. Amendments to the Long-term Insurance Act regulations provide for a policy process by empowering the Minister of Finance to make regulations identifying a type or category of contract as a health policy and may prescribe matters relating to the design and marketing thereof.
It further proposes that when the Minister makes these regulations, he must have regard to the need to ensure the sustainability of the medical scheme; the need to ensure access to health care services; limitations on the liability undertaken by medical schemes; and the extent to which medical schemes are able or willing to provide certain services. Certain products have been developed and are being offered by insurers, which could be considered to be the business of medical schemes. Examples of such products are: cover for medical costs incurred while travelling and other types of cover such as additional HIV cover or private ward cover. It is therefore necessary to provide for a framework to demarcate these products.
The amendments provide for a joint policy process between the Minister of Finance and the Minister of Health. The intention is to provide clarity through a policy resolution, rather than the current uncertainty that has led to legal disputes. I hope members are aware of the case between the Council for Medical Schemes and Guardrisk. The ANC supports the Bill. Thank you. [Applause.]
The MINISTER OF FINANCE: Chairperson, I’d spoil the agreement if I sought to add anything. I just want to express my sincere appreciation again for the diligence of the committee and for the fact that, as the hon Nene pointed out, they were able to bring the Bill into the parliamentary process formally and deal with the criticism from those who wanted additional representation. I think it speaks to the maturity with which the committee always deals with these matters and I think Parliament is well served by the committee, as reflected in the debate this afternoon. Thank you very much.
Debate concluded.
The HOUSE CHAIRPERSON (Mr G Q M Doidge): Thank you, Minister. That concludes the debate. Are there any objections to the Bill being read a second time?
Bill read a second time.
SPECIAL PENSIONS AMENDMENT BILL
(Consideration of Report of Portfolio Committee on Finance thereon)
There was no debate.
Mr T R MOFOKENG: Chairperson, on behalf of the Chief Whip of the Majority Party, I move:
That the Report be adopted.
Motion agreed to.
Report accordingly adopted.
SPECIAL PENSIONS AMENDMENT BILL
(Second Reading debate)
The MINISTER OF FINANCE: Chairperson, hon members, the Special Pensions Amendment Bill before the House today extends the pensions and funeral benefits provided for under the Special Pensions Act of 1996 to a wider group of deserving persons and their survivors.
The House will recall that the Special Pensions Act, Act 69 of 1996, gave effect to section 189 of the Interim Constitution of 1993 in that it provides for the payment of pensions to persons who made sacrifices or served the public interest in establishing a nonracial, democratic constitutional order and, as a result, were unable to or prevented from providing for pensions for a significant period, and for the repayment of certain benefits to their survivors.
Amendments to the Act were passed again in 1998, 2003 and 2005. The amendments primarily increased benefits, improved accessibility of benefits and addressed technical and implementation difficulties.
Despite these amendments, however, inequities remain a cause for concern in the treatment of pensioners and survivors. The Special Pensions Amendment Bill is aimed at alleviating and, where possible, removing these inequities within available resources whilst remaining true to the spirit and intent of section 189 of the interim Constitution.
The Bill contains three significant amendments to achieve this. Firstly, an amendment is proposed to extend the right to a pension to persons who were thirty years of age on 1 December 1996, but not yet thirty-five years of age. This will be paid retrospectively from 1 April 2001, which means that it will be paid with effect from the year before a recipient would have turned thirty-five.
The revised age criterion of thirty is informed by the fact that in qualifying for a pension, an applicant would have had to be at least nineteen in 1985. The age of nineteen in ’85 appears to be reasonable, taking into account that in general working people typically begin providing for a pension at about the age of twenty-five and often later.
It should be noted that applications for this benefit must be made by 31 December 2010. It’s clearly necessary to expedite this process because the longer the delays in dealing with these matters, the greater the risk of loss of information, contestation about entitlement and exposure of the fiscus to fraudulent applications.
Secondly, the Bill introduces a monthly pension and a funeral benefit for the surviving spouses and orphans of, firstly, persons who receive the survivor’s lump sum benefit in terms of the Special Pensions Act because of the death of a person during the struggle; and secondly, persons who were thirty but under thirty-five on 1 December 1996 and who died prior to the date on which the amending Act takes effect. The qualifying spouse would often be entitled to receive these benefits on application, and if the application is approved, from the date on which the application was made.
Thirdly, an amendment to Schedule 3 of the Act that provides for the levels of pensions payable, is also proposed. The amendment clarifies the amount that will be paid to persons in the various age categories.
The Act originally drafted provisions for three levels of pensions up to the age of sixty, dependent on age as at 1 December 1996. The amendment will now allow persons aged between thirty and fifty in December ’96 to migrate to the fifty to sixty-five category, once they attain the age of fifty, and for persons in the fifty to sixty-five category on 1 December ’96 to migrate to the sixty-five and older category, once they have attained the age of sixty-five.
The anticipated local cost associated with the amendments is R3,7 billion in net present-value terms. The cost associated with the amendments refunded through annual appropriations over the next three years is expected to amount to roughly R500 million a year.
Finally, the Bill proposes several amendments to improve on the administration of the Act. National Treasury is made responsible for administering the Act, and a new appeals board is provided for. The Minister is further empowered to designate another department, government component or public entity to administer the Act in the place of National Treasury, should this be deemed appropriate.
In closing, let me reiterate that the purpose of the Special Pensions Act is to provide for the payment of a pension to persons who’ve made sacrifices or served the public interest in establishing a nonracial, democratic constitutional order and as a result were unable to or prevented from providing for a pension for a significant period and for the payment of certain benefits to their survivors.
It is trusted that this Bill enhances the purpose and honours the intended spirit of the Interim Constitution that led to the Special Pensions Act.
Again it sounds like a record now, but I’d like to convey my sincerest thanks and that of the Deputy Minister and the department to the Portfolio Committee on Finance, under the chairpersonship and steady hand of the hon Nhlanhla Nene. I would, on this occasion, also like to extend our very sincere appreciation to hon H Fazzie, who attended the hearings on this matter with so much diligence, with his cane in hand.
The committee constantly provides insightful views of the piece of legislation placed before it for consideration.
I hereby request that the House pass the Special Pensions Amendment Bill,
- Thank you. [Applause.]
Mr M JOHNSON: Comrade Chair, Ministers, Deputy Ministers present, comrades, colleagues and fellow South Africans, we have come a long way with this Bill. Indeed, the road ahead looks good to the deserving activists of our revolution, whose sacrifices can never be equated with money of any kind. The freedom for which they fought so hard is a priceless gem.
We are talking of comrades, the bulk of whom are going to be beneficiaries, and those of our veterans whose surviving spouses will also benefit from these amendments. Our Constitution’s preamble affirms this role by calling for the recognition of the injustices of our past and the honouring of those who suffered for justice and freedom in our land.
Furthermore, our principal Special Pensions Act of 1996 confirms that the special pension is paid to persons who made sacrifices or served the public interest and the cause of establishing a democratic constitutional order.
These are the Young Lions of President O R Tambo; some of whom survive while others are no more. I speak here of Andrew Zondo, Nunu Kheswa, Ivan Parage, Emma Sathekge, Bongani Khumalo, Thlabane Mogashoa, Livingstone and Nomfanelo Ntlokwana, Titi Mzimazi and Boyce Gcina, all of whom are children of our mother, Mama Gcina. The list is too long to mention all those who paid the supreme price for our freedom.
They all declared: “Freedom or death. Victory is certain.” Lest we forget, Leader of the Opposition, we must not make the mistake of thinking that we shall forget our history. Yes, we have forgiven, but we have not forgotten the days when Judge Raymond Leon, the father of our own hon Tony Leon, sentenced some of these Young Lions to suffer and die, as a result of his decisions as a judge. We shall never forget the actions of the army and police captains.
Mr M J ELLIS: Chairman, on a point of order: I am not at all sure that what the hon member is saying is parliamentary. He is calling into question the verdict of a judge and I do not believe that that is parliamentary. I’d urge you to look at the records and see whether that is right.
The HOUSE CHAIRPERSON (Mr G Q M Doidge): We will look at Hansard and come back to the House. Please continue.
Mr M JOHNSON: We have forgiven, but not forgotten the days when Judge Leon, the father of hon Tony Leon, sentenced some of these Young Lions. They suffered and died as a result of his decisions.
The HOUSE CHAIRPERSON (Mr G Q M Doidge): Hon Johnson, can you please withdraw that until the ruling is given?
Mr M JOHNSON: Until the ruling is given, Chair? We shall never forget the action.
The HOUSE CHAIRPERSON (Mr G Q M Doidge): Hon Johnson, I am addressing you and I am asking you to withdraw.
Mr M JOHNSON: I withdraw until the ruling is given.
Mr T M MASUTHA: Chair, on the same point, can I ask what the exact point of order is, in terms of which Rule the hon member from the DA is rising.
The HOUSE CHAIRPERSON (Mr G Q M Doidge): Hon Masutha, we will look at the Hansard and come back to the House. Please continue, hon member.
Mr M JOHNSON: We shall never forget the actions of the army and police captains and colonels that came from some of the members of the DA. They did exactly what the other people have done to the Young Lions of our country. Lest we forget, history shall judge us harshly. Soon President Mbeki will be signing this Bill into law and thus giving effect to an exchange of money from the national fiscus to potential beneficiaries, especially the younger generation. The net effect of this exercise must mean real change in the lives of your broader families and nothing else. Once again, our ANC-led government and Parliament declare, in this year of mass mobilisation to build a caring society, that indeed we care for our cadres who fought for and brought about our freedom.
Fellow South Africans, the demobilised at the TRC and the earlier beneficiaries of special pension experiences have left telling memories to these poor families. These must be lessons for us as we are about to apply that we save through government retail bonds, Sasol’s Inzalo and Vodacom’s pending BEE public offer, among other things. Whilst we are naturally expected to meet our basic, urgent needs, we live in tough times where the interest rates are high and the food prices are skyrocketing. Our message is very simple: Let us respect our money and our families who are expected to benefit from this special pension.
In conclusion, comrades, as the process shall be opening up applications from those who are between 30 and 35 years of age, we shall be expected to be watchdogs. This we shall do in order to avoid any more fraud, which could land us in prison, as has been the case in the recent past. Zero tolerance shall be applied. The ANC supports this Bill. [Applause.]
Mr S J F MARAIS: Mr Chairman, I must start off by saying that it’s actually regrettable that the hon Johnson has really impacted on the legal framework of South Africa, which has always been very highly regarded by the rest of the world. It’s shocking that he’s attacking the Bench in that sense.
We’ve heard that the principal Act provided for pension benefits to those who, amongst other things, have made sacrifices in the process of establishing a nonracial, democratic constitutional order, but who were not in a position to provide for pension benefits for a significant period.
The Act provided that only persons 35 years and older on 1 December 1996 were entitled to such a pension. Inequities, however, remain a concern to survivors and dependants and the objective of this Bill, amongst other things, is to provide benefits to a wider group of beneficiaries.
During the course of the public hearings, however, it was evident that several veteran associations still do not believe that the amending Bill goes far enough. In particular, they raised concerns over the administration of the existing benefits and suggested that deserving recipients were still being excluded. They pointed out that it has proved harder than previously anticipated to reintegrate ex-combatants into productive roles within society, giving post-traumatic stress disorders and educational gaps as reasons.
The Bill seeks primarily to extend the pension and funeral benefits to those ex-combatants who were 30, but not yet 35 on 1 December 1996. Many commentators made strong submissions to extend the pension benefits even further, but keeping in mind that the original qualifying age was 40 and that any benefit under this Bill will be retrospective to 1 April 2001, the committee and National Treasury were of the opinion that sufficient provisions had been made, based on the fact that any applicant would have had to be at least 19 years old in 1985.
The benefits deriving from this Bill also provide for surviving spouses and orphans. The Bill also provides for improved administration arrangements, including powers to the Minister to make National Treasury or any other department or public entity responsible for administering the Act.
Alhoewel die DA nie ongevoelig is vir die omstandighede van die geaffekteerdes en die meriete van hulle eise nie, is ons tog bekommerd oor die volgende: gaan die groepe nou tevrede wees of gaan ons onder ’n nuwe ANC-regering verdere eise in hierdie verband kry? Die beraamde huidige waarde van benodigde bykomende fondse is reeds R3,7 miljard, wat noodwendig in die toekoms sal toeneem.
Die huidige waarde van die konsepwetgewing se implikasies word geraam op R6,86 miljard. Dit is onseker tot wanneer voorsiening gemaak moet word en wat die impak hiervan op die fiskus in die toekoms gaan wees. Daar is ander groepe wat ook nie voorsiening kon maak vir soortgelyke pensioen- en begrafnisvoordele nie. Hoe regverdig die Regering dit teenoor diesulkes, of is die bedoeling dat slegs diegene wat deel van die struggle was, bevoordeel word?
Suid-Afrika toon ál meer die karaktertrekke van ’n welsynstaat en die implikasies van hierdie wetsontwerp kan teenstrydig wees met geloofwaardige internasionale advies oor wat nodig is om ons ekonomie uit sy huidige kommerwekkende stand te red. Die vraag moet gestel word oor die volhoubare bekostigbaarheid terwyl groei in die ekonomie terselfertyd benodig word.
Suid-Afrika moet ’n land vir al sy mense wees. Hy moet oopgestel wees vir optimale geleenthede vir alle gemeenskappe ongeag hul ras, geslag en politieke affiliasies. Ons vertrou dat die meriete van ’n saak regeringsondersteuning vanuit die fiskus sal lei en nie noodwendig huidige of vervloë politieke affiliasies nie; en ook dat die volhoubare en billike finansiële las op die belastingbetalers in aanmerking geneem sal word. Ongeag hierdie kwalifikasies sal die DA die wetgewing steun. [Tyd verstreke.] (Translation of Afrikaans paragraphs follows.)
[Although the DA is not insensitive to the circumstances of the affected persons and the merits of their demands, we are nevertheless concerned about the following: Are the groups now going to be satisfied or are we going to get more demands in this regard under a new ANC government? The estimated current value of the additional funds required is already R3,7 billion, which will necessarily increase in the future.
The value of the implications of the draft legislation is currently estimated at R6,86 billion. It is not clear until when provision must be made and what the impact of this will be on the fiscus in the future. There are other groups that also could not make provision for similar pension and funeral benefits. How does the government justify its position to these people, or is the intention that only those people who were part of the struggle should benefit?
South Africa is increasingly displaying the characteristics of a welfare state and the implications of this Bill could be contradictory to credible international advice on what needs to be done to rescue our economy from its current alarming position. The question that needs to be asked deals with sustainable affordability while at the same time growth in the economy is required.
South Africa should be a land of opportunity for all its people. It should be made accessible to all communities for optimal opportunities, irrespective of race, gender and political affiliation. We trust that the merit of a case will determine the support from government via the fiscus and not necessarily current or former political affiliations; and also that the sustainable and fair financial burden on the taxpayers will be taken into consideration. Despite these qualifications, the DA will support the legislation. [Time expired.]]
Mr H J BEKKER: Hon Chairperson, it’s a pleasure to follow after the hon Marais. As he said, the principal Act of 1996 made provision for pensions to be paid to persons who had made sacrifices to establish democracy in South Africa, and who, as a result, were not in a position to provide for a pension and for the payment of lump sums to eligible dependants in the case of deceased persons. In the intervening years a large number of so-called implementation difficulties or challenges arose that led to an inequitable situation as far as the treatment of pensioners and survivors was concerned.
The Bill before the House today aims to address these difficulties and the inequities that arose. The IFP supports the overriding objective of the Bill, which is to extend pensions and benefits to a wider group of qualifying persons.
It is with sadness, though, that I have to say that in 1996 freedom fighters from the IFP, who were defenders of their own protection and freedom had been overlooked. We, however, realised that at that time this registration resulted from a bilateral deal between the ANC and the then National Party. That exclusion of the IFP was wrong and it will remain wrong. We will, however, not stand in the way of other deserving people benefiting from this pension fund. In conclusion, the IFP supports the Bill, but we want to emphasise that the new group of beneficiaries needs more than hand-outs in the form of special pensions. Rather, they need skills training and development programmes that will enhance their suitability for the job market. The IFP, with these comments, will nevertheless support this Bill.
Mr L W GREYLING: Chairperson, this Bill essentially seeks to make it easier for those who fought in the struggle against apartheid to receive special pensions. The ID supports the principles of this Bill and strongly believes that all those who were actively involved in the struggle should receive some form of compensation for the enormous sacrifices that they made for this country and our new democracy.
Many people sacrificed what little education and employment opportunities they had so that all of us could enjoy freedom and democracy in a new South Africa liberated from the shackles of apartheid and racial oppression. It is only right that we now honour all those brave individuals in this tangible way, even if it does represent a certain cost to our government fiscus. The debt that this country owes them and their families is far greater than any amount of money, and the ID believes that this Bill is the very least we can do to honour their contribution.
The ID therefore rises to support this Bill as well as to honour all those who made sacrifices in fighting for the democracy we now all enjoy as a result of their actions. I thank you.
Ms S RAJBALLY: Chairperson, without a doubt we feel that the comrades who sacrificed and dedicated their lives to democracy and freedom in South Africa and their families need to benefit from a special pension. The house raids in the middle of the night, the detention, the riots, living in exile, all left our people in serious displacement from a normal, comfortable life of human dignity and respect.
I have, however, one concern. Besides these people there were those who also struggled and fought for our freedom. They were heroes in our communities, keeping our people together and mobilising against the apartheid regime. I believe that there are many forgotten heroes and many of them still don’t qualify.
I believe we cannot measure the rights to this benefit by how much time you spent in detention, but rather let communities pay tribute by listing the people from their communities who kept them afloat in the darkest of times. The MF supports the Special Pensions Amendment Bill. I thank you.
Mr B A MNGUNI: Chair, hon Minister, hon members, the ANC lives, the ANC leads, and I can further add that the ANC cares. It does so because this Bill seeks to address the welfare of persons who made sacrifices or served the public interest to establish a nonracial and democratic constitutional order. As already mentioned by former speakers and colleagues, the target groups for these amendments are people who did not qualify to apply for special pensions due to age limits.
Age has been a major bone of contention because it discriminated against freedom fighters that swelled the ranks of the liberation armies in the mid 1970s and 1980s. As was stated by many presenters who came before the committee during public hearings, the liberation struggle knew no age. A number of ex-combatants responded to the call not to submit but to fight, when they were generally younger.
It was reported during these hearings that the youngest MK freedom fighters were found in the Young Lions detachment. The Azanian People’s Liberation Army, or Apla, also claimed that some of its combatants were as young as nine years old when they joined the army in exile. It was mainly the young who heeded the call by President O R Tambo in January 1985 to render South Africa ungovernable and the apartheid system unworkable. Though very small in numbers, the majority of the Young Lions detachment will be left out in the cold as far as this amendment is concerned, hence the committee resolution as tabled in the committee report.
The difficulty that will be faced by the special pensions’ administration is the verification of the would-be beneficiaries. Veterans’ organisations themselves acknowledge this challenge. There was a proposal by the MK Veterans’ Association that to minimise the problem, perhaps the definition should be narrowed down to ex-combatants, because it was not everybody in exile who was in the trenches. It is therefore incumbent on us as well to ensure that those who do not qualify do not loot the system to the disadvantage of the widows and orphans who might be destitute if it were not for this relief.
In the previous Bill the widow of an ex-combatant had only 12 months after the death of their spouse to apply. In this amendment the period has been extended to 36 months. Furthermore, those widows who only got a lump sum payment after the death of their spouses can now get 50% of their spouses’ pension, like any other pension fund. A qualifying spouse or orphan will be entitled to receive these benefits on application, and if the application is approved, from the date on which the application was made.
Furthermore, this Bill seeks to decriminalise … Schedule 1 of the Criminal Procedures Act, as it was the committee’s view that these offences were minor. Since a beneficiary or an ex-combatant might be discriminated against, even in a case of theft, the committee therefore said that these were minor offences and so Schedule 1 was done away with. In conclusion, let me say that many of the ex-combatants are in dire straits and are struggling to make ends meet. Some have already passed on and we had to request donations in order to bury them. This is uncomfortable for some of us. We hope that the funeral benefits made available to beneficiaries will go a long way to alleviate the embarrassment and difficulties faced by veterans’ organisations and families of these heroes. I thank you. [Applause.]
The MINISTER OF FINANCE: Chairperson, I want to thank the hon members for their contribution. I am surprised, and I think that it must be because Parliament is so unrepresentative now, that nobody picked up on the fact that it is appropriate that we extend the age category to people who were 30 years old on 1 December 1996, because this is Youth Month, and many of the beneficiaries of the amended legislation would fall into the category of youth; and it is that contribution that I think is so important to single out in the debate.
Some of the statements by hon members merit further comment. The hon Bekker seems to argue that the IFP was excluded. Yes, they were excluded - consciously so - in the legislation, because nobody from the IFP was prevented from contributing to their own pension by virtue of banning, banishment, imprisonment or, in fact, as the case may be, death in detention.
This was very specific and conscious, and I think that should cover the hon Rajbally’s comments as well. It is not a general thing that one would say, “Well, I was in the struggle so I must get a pension.” The principal Act is clear about that objective. You must have been prevented by the actions of somebody else from contributing towards your own retirement. I think what we are effecting now is a continuation of that same issue, so it was not an agreement made in a smoke-filled room.
I think it is conscious of what contributed to delivering democracy in this country, and so it was, I think, that the principal Act was indeed crafted. The key challenge before us is the administration, because the big difference between the present and that point after the passage of the principal Act in 1996, was that at some stage the organisations to whom these people belonged still had in-house administration records, which were still fresh.
The challenge now is dealing with what the hon Johnson said is to prevent at all costs that some zamazamas or scammers will come in and try to take advantage of this. Our responsibility is to treasure the memory of those who contributed by ensuring that only they should benefit from this.
It is, therefore, not a responsibility that can be left to the Special Pensions Administration sitting in the National Treasury or in the pensions administration. It is a responsibility, in the first instance, of the organisations to which these individuals have belonged and still belong, to ensure that the administration is correct and that only the good pass through the eye of the needle.
I think that, similarly, we would look to Parliament and ask of it to maintain a keen interest to ensure as we proceed with the process of advertising - because very clear requests were made in the course of the hearings about ensuring that we communicate this in vernacular languages to ensure that we get the message out to people - that all of this is complied with. I note also in the report of the committee that some of my colleagues, like the Minister of Labour, are called upon to also develop the training programmes.
I agree with the point that mere access to a source of finance is inadequate. It is the skilling of these individuals across a range of disciplines that would be important, and I think these are issues that we will take forward, along with the report here, that the Minister of Finance should develop and table quarterly reports on implementation. This is something that I and my successors will, of course, have to comply with. The letter and spirit of that intention of the portfolio committee is obviously correct. Thank you to all the parties for supporting the Bill. [Applause.]
Debate concluded.
Bill read a second time. PREVENTION OF AND TREATMENT FOR SUBSTANCE ABUSE BILL
(Second Reading debate)
The MINISTER OF SOCIAL DEVELOPMENT: Chairperson, hon members, exactly 32 years ago on 16 June 1976, Mbuyisa Makhubo ran down the streets of Soweto carrying a mortally wounded Hector Peterson. The students of Belle Higher Primary, Phefeni Junior Secondary, Morris Isaacson High, Orlando West High and Naledi High, faced and overcame the might of the apartheid state.
Today, in South Africa, our young people face a different set of socioeconomic challenges ranging from education to unemployment, the scourge of HIV/Aids and crime and violence that has beset our nation. Among these challenges is a growing substance abuse epidemic that has permeated the lives of all in our society, from the wealthiest to the poorest.
The Prevention of and Treatment for Substance Abuse Bill aims to take the combating of substance abuse to a higher level. In as much as we have declared war against poverty, we have now also declared war against drug use and abuse. The Prevention and Treatment of Drug Dependency Act, Act 59 of 1992, was drawn up for another country – a country facing a drug threat that was restricted to certain sectors of society and the population.
The nature of the drug problem has evolved since then. According to the 2007 World Drugs Report, some 5% of the world’s population between the ages of 14 and 64, use illicit drugs each year. This translates into 200 million people in their prime. The annual value of the illegal drug trade is estimated at US$322 billion.
Our borders have opened up to the rest of the world since 1992, and with that came the onslaught of drugs, unprecedented in the history of this country. Just last week, drugs worth about R7,3 million were seized at the O R Tambo International Airport. This included 17kg of cocaine and almost 50 000 ecstasy tablets. Last month the Central Drug Authority outlined the nature of this threat.
With almost a third of our population having an alcohol problem and with drugs such as tik flooding our townships, our communities are under siege. Today we face a substance abuse problem that tears at the very fabric of our society. It has been estimated that up to 60% of crimes committed are related to drug or substance abuse. The Northern Cape town of De Aar has the highest rate of Fetal Alcohol Syndrome, FAS, in the world. Over one in 10 babies are severely affected in their first year and almost 50% of children suffer from some effect of FAS throughout their developmental years. The cost to our society is enormous.
The 52nd conference of the ANC in Polokwane recognised this threat and called for a co-ordinated national drug campaign to be intensified to fight substance abuse. This Bill is a response to this crisis and it has its genesis in the National Drug Master Plan 2006-11. The Bill encompasses a full range of interventions and strategies to combat substance abuse.
The objects of this Act are: To combat substance abuse in a co-ordinated manner; to provide for the registration and establishment of all programmes and services, including community-based services and those provided in treatment centres and halfway houses; to create conditions and procedures for the admission and release of persons to or from treatment centres; to provide prevention, early intervention, treatment, reintegration and aftercare services to deter the onset of and mitigate the impact of substance abuse; to establish a Central Drug Authority, CDA, to monitor and oversee the implementation of the National Drug Master Plan, NDMP; to promote a collaborative approach amongst government departments and other stakeholders involved in combating substance abuse; and to provide for the registration, establishment, deregistration and disestablishment of halfway houses and treatment centres.
The Bill rests on three pillars, namely, supply reduction, which is aimed at stopping the illicit production and consumption of drugs through law enforcement; demand reduction, which focuses on discouraging the use and abuse of substances through prevention and early intervention services; and harm reduction, which is aimed at mitigating the social, health and psychological consequences of drugs through treatment. South Africa does not support all the methods of harm reduction such as the needle exchange programmes.
The success in combating substance abuse and striving towards a drug-free society is linked to and dependent on a comprehensive response by all departments and organs of civil society. The Bill commits all key departments, individually and severally and within the scope of their line function and available resources, to adopt a multifaceted and integrated approach to enhancing co-ordination and co-operation in the fight against the scourge of drugs. Amongst other things, it commits Cabinet to adopt and ensure the effective implementation of the NDMP. The CDA brings all these together at national, provincial and local level.
The CDA is a statutory body consisting of members of government, the private sector and civil society with the key responsibility to co-ordinate efforts towards combating substance abuse and to advise government on appropriate measures to combat substance abuse. The CDA also has an obligation to report to Parliament on its effectiveness and research.
Whilst the CDA would have liked to see itself as a juristic person, it has adequate powers to fulfil its function at this stage. Nevertheless, the CDA has been exemplary in its work. I must thank its members for their essential role in the combating of substance abuse. The CDA has been instrumental in shedding light on the nature of the drug problem in South Africa. Through the CDA’s evidence-based approach to research we have discovered the prevalence of substance abuse, particularly alcohol, in an increasing number of our children and more significantly its spread to an ever-younger age group.
The CDA will oversee the monitoring and implementation of the NDMP and ensure compliance. This structure will be replicated in different forms at provincial and local levels of government so that we can collectively take the fight against substance abuse back to our communities.
There is an explicit need for the CDA to be more active and prominent at provincial and local levels of government. Therefore, the delegation to provincial MECs on social development to establish provincial substance abuse forums is welcomed. We call on the provincial government, local municipalities and community organisations to support these structures and become active champions against substance abuse.
Substance abuse affects all of us at each and every level, hence the need for community-based services. These services rendered by nongovernmental organisations must target children and the youth, people with disabilities, older persons, families and communities in both rural and urban areas. The special needs of children who are affected and involved in drugs have also been given special attention. Demand and harm reduction are the main priorities of the Department of Social Development.
Again, the Bill recognises the critical role of various other departments in efforts to provide early intervention services to affected communities. This will ensure that those who have not started using drugs are prevented from experimenting with drugs; families and those who need treatment receive the necessary interventions; and those who have been rehabilitated are successfully reintegrated into their communities.
Through this Bill, we envisage the stricter control of treatment centres that are mushrooming and are often used as money-making tools, sometimes with a high incidence of violation of human rights of service users. We further provide for the establishment of new treatment centres and better management of existing government treatment centres.
At present there are only five government-run institutions in four of the provinces providing treatment and rehabilitation services, whilst there are 80 privately registered institutions. There is a need to have at least one government institution in each and every province to ensure access to services for disadvantaged communities. All these facilities must have outpatient services and outreach programmes to ensure access of services for the communities.
In line with our Constitution, it is imperative that the principles guiding the provision of all services uphold our constitutional values in that they are provided in an environment that recognises the educational, social, cultural, economic and physical needs of such persons.
They need to ensure access to information regarding the prevention of substance abuse and the must promote the prevention of exploitation of such persons. They must promote respect for the person, human dignity and privacy of service users and persons affected by substance abuse. They must prevent stigmatisation against service users. They must promote the participation of service users and person affected by substance abuse in decision-making processes regarding their needs and requirements.
They must recognise the special needs of people with disabilities – They must ensure that services are available and accessible to all service users, including women, children, older persons and persons with disabilities without any preference or discrimination. They must also ensure that service users are accepted as human beings in need of help and with the potential to change.
They must co-ordinate the educational needs of children with the relevant education department and strive to render effective, efficient, relevant, prompt and sustainable services. They must ensure that services are appropriate to the ages of children and the youth. This will ensure that the rights of those who have fallen victim to substance abuse are affirmed and that they are brought back to being productive members of society. [Time expired.]
The HOUSE CHAIRPERSON (Mr G Q M Doidge): Order! Hon Minister, you have run out of time. I can adjust your response time if you need some time to round off.
The MINISTER OF SOCIAL DEVELOPMENT: No, I don’t need any more time. Thank you. [Applause.]
Mr T M MASUTHA: Chairperson, hon members, I rise in support of this Bill. And let me commence by commending the Minister for introducing this Bill. It is one of the key legislative measures that he has introduced, which are all significant for social transformation.
The World Drug Report 2006 states that the problem of illicit drug use worldwide has been contained at 5%. The problem drug-users, namely the substance dependants, make up 0,6%. The latter, according to the Central Drug Authority, suffer from a syndrome at the centre of which is impaired control or loss of control over a behaviour which leads to significant harm.
Because harm occurs, plans have to be devised to limit or eradicate the harm. This, in practical terms, calls for a supply, demand and harm reduction strategy that lies at the heart of the struggle against drug and alcohol use, abuse and dependence, hence the introduction of this Bill.
The ANC, at its Polokwane Conference in December last year, as the Minister indicated, adopted a resolution calling for a co-ordinated, national anti- drug campaign to fight substance abuse.
Cannabis, which is commonly known as dagga in this country, used alone or in combination with other drugs, is the second most common drug of choice after alcohol and the most commonly used illicit drug in South Africa. The UN Office on Drug Control estimates the total number of users of cannabis in South Africa in all its forms at 8,4%. This is more than twice the 4% accepted as the global norm and much higher than previous reports had indicated.
Use of opiates, mainly heroin, is approximately 0,3% compared with 0,4% globally. Heroin use, however, we are informed, is rising in South Africa with 7% of those undergoing treatment reporting heroin as their primary drug of choice in 2005 as against 1% in 1996.
South Africa has a cocaine user population of about 0,8% compared to the global usage estimated at 0,3%. This indicates a sharp rise in cocaine as a primary drug of choice. Demand increased from 1,5% in 1996 to 8,5% in 2005.
South African users of amphetamines and ecstasy combined, as the CDA’s report indicates, constitute 0,8%, with methamphetamine or tik being the primary drug of choice for many patients. This is approximately 98% in the Cape Town area in particular while methcathinone or cat, is increasingly being used in the Gauteng area as the equivalent of tik.
Treatment for mandrax dependence has declined in Cape Town, Port Elizabeth and Gauteng, but has increased by 81% in Durban, and there are indications of increased usage of nyaope, which is a mixture of dagga and heroin, in Tshwane, as the report states. So more work for the MPs will come from Tshwane.
And, finally, over-the-counter or prescription medications have become the primary drug of choice of between 25% and 61% of all patients admitted for treatment at treatment centres.
The problem of substance abuse is increasingly manifesting itself in schools, sports and cultural sectors. It is there in the workplace. And, sadly, some of our highly skilled professionals such as lawyers, accountants and even members of the medical or health professions are reported to have fallen victim to the problem.
Our portfolio committee, last year, in anticipation of this Bill, visited three of the provinces which are affected the most. We started with a visit to the Sultan Bahu Community-based Treatment Centre in Mitchells Plain in the Western Cape, then went to Gauteng and ended with a visit to the often- talked-about Noupoort Christian Care Centre in the Northern Cape.
The experiences we had in talking to counsellors at the various treatment centres, government officials and, more importantly, the many young people undergoing treatment, were overwhelming. It is clear to us that success in the fight against substance abuse will only be realised through the collective effort of all concerned.
All government departments, particularly those directly involved - we have 18 government departments and agencies that are part of the Central Drug Authority - the private sector and civil society, the family, the community and, in particular, young people generally, because they are most at risk, must all be involved.
The committee, in considering the Bill, came to the conclusion that it was lacking in a number of fundamental respects and hence made substantial changes to it.
Firstly, some of the key concepts used in the Bill were either not defined or explained in the body of the legislation and the committee felt it was critical to ensure that there was common understanding of what they meant, especially given the divergent policy perspectives within this sector.
The Minister, for example, alluded earlier to certain harm reduction methods which this country has not yet found acceptable such as the needle exchange programme. In this regard, the committee also decided that terms such as “addict” should be avoided to remove labelling and stigmatisation, which the committee found unhelpful in addressing the problem.
The Bill introduces concepts such as “community-based services”, which are well-known in practice but are not provided for in the current legislation. It, however, said very little as to what these services entailed and the details of the regulatory framework it sought to impose on them. Here the committee called for a complete rewrite of chapters, such as Chapter 4, which has become the new Chapter 5 in the Bill, dealing with the issue of community-based services.
The committee spent some time amending Chapter 2 of the Bill, which deals with the fundamental question of combating substance abuse, which it felt was not articulate enough on the subject.
The difficulty here is that whereas the Central Drug Authority and the National Drug Master Plan, NDMP, were introduced into the current legislation in 1999 to fill the integration and co-ordination void, the fundamental point was missed, both in the current legislation and in the Bill, namely that it is, first and foremost, the responsibility of all Ministers whose departments are represented on the CDA, individually and collectively, and in a complementary and co-ordinated manner, to combat substance abuse. [Time expired.] Thank you. The ANC supports this Bill. [Applause.]
Ms J A SEMPLE: Chairperson, hon Minister and members, substance abuse is a growing and horrifying reality of our world today, whoever we are, and wherever we live. Substance abuse is not just limited to rich celebrities sniffing coke. It extends to poor people selling antiretrovirals to be crushed and inhaled, and to babies born with fetal alcohol syndrome.
The effects of substance abuse are not just felt by the users themselves, but by their families, who are often robbed of their pensions, their salaries and any saleable goods in the house that can be sold to feed the user’s habits. The community at large is also affected by gangsters who deal in drugs in the schools and on the streets, making them unsafe and uncontrollable.
There are many initiatives to curb and eliminate this dreadful scourge, and we salute the NPOs, such as the Hesketh King Treatment Centre, the Sultan Bahu Outpatient Treatment Centre, the SA National Council on Alcoholism and Drug Dependence, Sanca, and many others that take substance abusers into their care and try and restore them to be productive members of our communities.
However, the buck actually stops with government. The Department of Safety and Security is responsible for policing our streets and arresting drug dealers – not always successfully. The Department of Education must make sure that our schools are drug- and alcohol-free. The South African Revenue Service, Sars, must ensure that drugs do not enter our borders, etc. However, it is in fact the Department of Social Development which is left to pick up the pieces when all the other measures have failed.
The Department of Health is very protective, and rightly so, of its role in detoxification. It is responsible for all the medical aspects surrounding substance abuse and it has insisted on keeping that role. Whether, of course, it has adequate facilities and qualified medical staff to deal effectively with this ever-increasing problem is another matter altogether.
Social Development is responsible for integrating recovered substances abusers into their families and communities, but it has to work in collaboration and co-operation with all other affected government departments as well. Without this concerted approach on behalf of all government departments, nothing will be achieved, and we will not be able to deal appropriately or effectively with substance abuse.
While it can be argued that we need different pieces of legislation to deal with the different aspects of substance abuse, this is in fact the only one that will deal with the social issues around substance abuse.
While it is essential that all treatment centres established for the treatment and rehabilitation of service users who abuse or are dependent on substances are registered and monitored in order to protect the human rights, dignity and wellbeing of substance abusers, the same applies to halfway houses.
The DA commends the emphasis on skills development in all the treatment and rehabilitation programmes in order to facilitate the reintegration of substance abusers into society.
The first draft of the Bill was so badly drafted and muddled in concept it had to be completely rewritten. For example, in the original Bill, different rules apply to public and private treatment centres. This is totally unacceptable as it is often the state or public treatment centres that are the worst offenders when they should be setting the example. All treatment centres must now comply with the same basic conditions, regardless of whether they are public or private.
Huge pressure has been put on the portfolio committee to pass this Bill today before Parliament rises at the end of June. The result before us is a better version of the Bill, but one which is by no means complete and will probably have to be amended by the new Parliament. This is a shame, as given more time, we would probably have produced a more comprehensive and substantial piece of legislation that would do justice to the immense problem of substance abuse facing our country. However, we believe that the Bill is a small step in the right direction.
I would like to commend my dear friend and colleague Stuart Farrow who is also taking a small step in the right direction. After 30 years of being a really habitual smoker, he has given up for the last ten days and I commend him on that. [Applause.]
The DA supports the passing of the Prevention of and Treatment for Substance Abuse Bill. [Applause.]
Mrs I MARS: Chairperson, Minister and colleagues, I have to admit that until I read quite a bit of research documentation on substance abuse, I had no idea of the magnitude of the problem facing us or the prevalence of substance abuse among children and adolescents. Before dealing with some aspects of the Bill, I would like to share some of this information with you.
A 2006 study showed that 25,95% male students in Grade 8 had abused alcohol in the preceding 30 days, and 17,2% had abused cannabis. Furthermore, the current ever-increasing use of cheap, readily available drugs such as tik has increased between 2003 and 2004 from 21 patients to 376, and here I’m using patients to demonstrate the trebling of the patient load within a period of only six months.
We understand that these percentages have continued to increase dramatically. In a country where we have a high level of criminality, it has been established that six out of every 10 arrestees in Cape Town - and this is in 2000 - tested positive for illegal drugs. Subsequent studies in three metros confirmed the connection between substance abuse and crime.
These horrific statistics are supplied by the alcohol and drug abuse research units of the MRC, Medical Research Council, and they demonstrate, even to lay people like myself, the huge problem we have to acknowledge.
Most of these studies had been conducted in the Western Cape. However, we have to understand that all provinces throughout our country are affected, albeit to a lesser degree. You heard from both the Minister and the chairman of the portfolio committee how our societies are affected at all levels - the poor, the rich, everyone can be subjected to abuse.
The MRC has offered us constructive guidance on to how to address this huge problem. We believe that this Bill, if fully implemented -and we’ve just heard from the previous speaker that it again needs more attention - provides the framework for a constructive engagement, in particular with our youth, not only in terms of rehabilitation and prevention, but also reduction of risky behaviour.
We need to appreciate that in the very first sentence of the memorandum on the objects of the Bill, it is stated, and I quote:
A concerted effort is required from the three tiers of government and civil society to strive towards a drug-free society.
Before anything else, we need to create community awareness campaigns and particularly address the youth via the churches, schools and their own organisations. [Time expired.] Thank you.
Mrs C DUDLEY: Chair, hon Minister, hon members, like many other countries in the world, South Africa has been experiencing unprecedented levels of substance abuse among its people. Abuse of substances, including alcohol, has a significant negative social and economic impact on society, and this Bill specifically responds to the need for a multisectoral co-ordinated effort by all three tiers of government and civil society to combat substance abuse.
Substance abuse disorders, much like HIV/Aids or diabetes, require social approaches to prevention and treatment, as well as medication and clinical interventions. The biological nature of substance abuse and the changes caused in the brain also make it, for most people, a chronic relapsing disorder.
Interventions for the treatment and prevention of substance abuse must therefore take this into consideration. Of course, substance dependence isn’t something people suddenly catch, and early intervention is of critical importance.
The Bill provides for the registration of programmes, including treatment centres and halfway houses; for admission and release of persons from treatment centres; for early intervention, treatment and reintegration; and establishes a central drug authority which acts in an advisory capacity and monitors the implementation of the National Drug Master Plan.
This very important piece of legislation has passed through Parliament at an accelerated pace, with the portfolio committee and the department working late into the night and the early hours of the morning for weeks on end.
The ACDP sincerely hopes that this rushed but earnest attempt to address the concerns of stakeholders will go some way in responding to the challenges faced, as statistics on substance abuse continue to shock the nation and the consequences devastate lives and families.
The MRC studies show that in 2002, 45% of all non-natural deaths had high blood alcohol concentrations, particularly for transport-related deaths and homicides, and trauma patients follow the same trends. Tik, the new drug of choice for increasing numbers, has frighteningly fast addiction rates. Over 60% of all the patients treated in the second half of 2004 who used tik as their primary substance of abuse were under twenty years of age.
During hearings, one organisation working on the ground said that presently the floodgates had opened as drug cartels are operating with impunity owing to the controversy over the Scorpions and their disbandment. The ACDP will vote in favour of this Bill.
The DEPUTY MINISTER OF SOCIAL DEVELOPMENT: Hon Chairperson, hon members, thank you for the opportunity to address this House on the occasion of the second reading of the Prevention of and Treatment for Substance Abuse Bill, which comes before the National Assembly at an opportune time.
During the month of June we have been paying tribute to the youth of Soweto of 1976. From then on, throughout the 1980s, children and youth bargained with their lives so that children could have better lives in the future. Today children and the youth have many opportunities. They no longer have to feel discriminated against on the basis of skin colour. Their rights are guaranteed by the Constitution, and government is fully committed to enabling every child to develop to her or his full potential.
However, one of the biggest threats to our children and youth achieving their full potential is the scourge of drug and alcohol abuse, which works against all present efforts to maximise human development. The International Day Against Substance Abuse and Illicit Trafficking on 26 June compels us to focus on the need to combat this scourge through awareness-raising, prevention, early intervention, treatment and aftercare programmes.
Every year, on 26 June, the relevant government departments, in partnership with the United Nations Office on Drugs and Crime and an increasing number of faith and community-based organisations concerned with combating this scourge, have been coming together under the banner of the National Anti- Drug Awareness Programme, branded Ke Moja, which means ``No thanks, I’m fine without drugs’’.
This past year, the National Youth Commission took the lead in establishing and chairing the Ke Moja steering committee to ensure that youth-centred sustainable programmes sponsored by the Departments of Arts and Culture, Sport and Recreation, Education and Health and some civil society organisations are promoted, that role models from all walks of life are identified and made Ke Moja ambassadors, and that the antidrug message is spread effectively at a national level and to every corner of South Africa.
In 2004 I noted with some despair that drug abuse was no longer the pastime of the idle rich, who could afford to book themselves into private rehabilitation centres. It became evident, particularly in Cape Town, that a drug described as the most dangerous drug in the world in a documentary on DSTV, had hit the streets in the poorest areas. It was cheaper than any other drug and targeted primary school children and adults alike.
The scientific name for this drug is methamphetamine. The local name is tik. Recipes for its manufacture could be found on the Internet, embedded in children’s comic texts, and its ingredients could be bought over the counter. There seemed not to be a family which was not affected. One hit was enough to cause addiction. Communities already affected by unemployment and poverty became affected by brutal murders committed by young people; young girls roamed the streets, unable to sleep at night; and the rate of teenage pregnancies and tik babies rocketed.
The scale of the problem made it clear that intervention was needed as soon as possible. Those medical experts who knew all about cocaine, heroin, mandrax and cannabis could not initially tell us much about these new drugs called tik, sugars, etc. The local names kept changing, and even some of the ingredients, but they had in common the addition of chemicals such as ephedrine, rat poison, drain cleaner and lithium or battery acid. These are ingredients that may even be added to the home-brew in the townships, when clients complain that they want the home-brew to be like whisky.
I am encouraged to know that the Medicines Control Council is in the process of restricting the over-the-counter sale of ephedrine, an ingredient found in many cold medicines. In the future, more will have to be done to monitor and control the availability of the other chemical precursors mentioned.
The SA Police Service’s report entitled, ``Crime situation in South Africa’’ indicates that between 2002 and 2006, a 72% increase in drug- related crimes was recorded. The widespread availability of drugs and drug use in our country is a cause for concern.
I am proud to say that since 2004 we have had numerous workshops, consultative conferences and national events that have convinced our stakeholders that we need to broaden our approach to be able to intervene effectively to prevent our youth and children from experimenting with these fatal drugs.
We have renewed the National Drug Master Plan, and reappointed the Central Drugs Committee whose task it is to synthesise the many plans for each department into a co-ordinated national plan and to monitor the implementation of the National Drug Master Plan at all levels of government.
As the Minister has said, our mandate as the ANC-led government was renewed in Polokwane last year when the national conference of the ANC adopted the resolution to intensify a co-ordinated antidrug campaign. It must be noted that the current Prevention and Treatment of Drug Dependency Act, Act 20 of 1992, has become outdated and is focused primarily on institutional treatment.
Treatment services are not equally available and accessible to all citizens, and are unaffordable for the major part of the population that requires this service. It is furthermore a fact that we can never have sufficient institutions to meet the ever-growing demand for treatment of substance abuse. Prevention has been found to be the most effective approach to reducing the demand for substances internationally. However, the current Act makes very little provision for prevention and for community-based and out-patient services.
The successful implementation of this Bill requires the commitment of all sectors of government, the private sector and organs of civil society to work together to ensure that this Bill becomes effective in combating substance abuse. We commend our law enforcement agencies for their successes in curbing the supply of substances. Departments such as Safety and Security, Education, Health, Sport and Recreation, Arts and Culture, Provincial and Local Government and the National Youth Commission and others will play a critical role and must collaborate in the provision of integrated prevention, early intervention, treatment and reintegration services and programmes.
The Bill makes provision for the establishment of programmes for the prevention of substance abuse. It will enable us to give particular attention to interventions that target young people with a view to equipping them with the necessary skills to resist the urge to experiment with drugs. The Bill provides for the establishment and registration of community-based services, specifically for prevention and early intervention services. These will also improve accessibility to treatment and services, not only for vulnerable persons, but also for those affected by the addiction to drugs and alcohol, in other words, family members.
This is a significant shift from the traditional approach to treatment, in that it recognises the vital role of family, friends and the community in substance abuse interventions. The Bill further provides for the establishment of at least one public treatment centre in each province, as well as the establishment of private centres. It will ensure equitable distribution across the country.
The provision of halfway houses is in recognition of the fact that out- patient services are more cost-effective. Interestingly, this was corroborated by the outcomes of an international symposium on substance abuse and treatment that was held here in Cape Town in April. The Bill establishes conditions for the registration of treatment centres. This move is long overdue, because some centres have been plagued by controversy and allegations of human rights violations. This will not only ensure the quality of services, but will allow for proper monitoring and evaluation and ensure compliance as well as international benchmarking.
The Bill gives recognition to the fact that more and more young people are becoming addicted to substances. Hence, the Bill provides for the treatment of children in facilities.
This Bill is consistent with the human rights enshrined in the Constitution and other pieces of legislation, as it protects the rights of both voluntary and involuntary service users. The implementation of the recruitment and retention strategy for social workers and other social service professionals is part of the strategy to enhance our capacity to effectively implement these tactics.
Chapter 10 of this Bill makes provision for the establishment of the Central Drug Authority and the executive committee and its composition. Of importance is that the Bill also provides for the management and functions of the CDA, provincial substance abuse forums and local drug action committees. This will bring about co-ordination between various sectors in their endeavour to combat the scourge of drug abuse. In conclusion, I wish to thank all the members of the portfolio committee and the various organisations for their assistance in shaping this Bill. I would also like to thank the officials of the Department of Social Development who, together with the portfolio committee, worked until midnight for many days in the recent past. I would also like to thank the other departments for their hard work and persistence over this period. Thank you. [Applause.]
Ms S RAJBALLY: Chairperson, hon Minister, it is unfortunate that addiction to substances starts at an early age and finds it victims in all walks of life, all ages and all types. The market of drug peddling is lucrative, inducing more people into its use and its sale.
We are, indeed, shocked and appalled at the recent incident of a teacher selling drugs to students. But when we look closer, we hear even more shocking and disturbing patterns of abuse, where parents and children engage in the use of substances together. We have to sit back and ask what causes one to do this, and thousands of excuses will surface.
As Parliament, we have a duty to rescue our people from this and to make the use of substances illegal. The appreciation for life has deteriorated and the serious effects of substance abuse have been ignored.
The provisions for halfway houses and rehabilitation centres are crucial to the prevention and deterrence of substance abuse, as well as the reintroduction of victims of substance abuse into our communities.
We need to encourage our communities to be supportive of these victims. And, most of all, to assist in smoking out those involved in the sale of substances so that we may remove them from society and live peacefully knowing that our children and families are safe from their clutches.
The MF believes that the Central Drug Authority will play a pivotal role in the reduction of substance abuse and in completely stamping out these abuses from our communities.
We need to intensify awareness about the realities of substance abuse, the lives it has claimed and the lives it has destroyed by having victims of substance abuse visit communities and schools. The MF fully supports the Prevention of and Treatment for Substance Abuse Bill. I thank you, sir.
Mr L M GREEN: Chairperson, hon Minister, Deputy Minister and members, the pain and suffering of families with members suffering from substance abuse require a strong response from the state with effective intervention services to stand with our families and our communities in the fight against substance abuse. The Bill must be seen to make a difference in the processes towards changing the lives of those affected by substance abuse. The institutional preparedness in leading the service user to a point of recovery and individual governance is essential, and government ought to assist such centres to function the best they can.
The Bill puts the preservation of the family as central to supporting persons affected by substance abuse. We want to support this 100%. The FD has always valued the role of the family in building strong and functional societies.
The Bill highlights aspects like developing parental skills, creating awareness around substance abuse and empowering communities to be proactive. In preserving the family, we must also look at why families are not always able to play a reasonable role in protecting our nation’s children.
Substance abuse can be contained if we have a comprehensive government plan, like the one our state has, involving all departments and other stakeholders such as churches and NGOs together to fight the entrance points which allow these addictive substances to permeate our society.
Families are powerless when it comes to tackling the violent culture involving such substances. The FD believes that to effectively contain substance abuse, the sting of violence associated with addictive substances must be removed.
We support any aid that is made available to centres committed to helping those affected by substance abuse. The FD, therefore, supports this Bill. I thank you.
Mrs H I BOGOPANE-ZULU: Hon Chair, the disadvantage of being the second last speaker is that everything you need to say has already been said.
First of all, let me try and agree with what the Minister said, namely that indeed drugs are becoming a serious problem in South Africa, but also that South Africa is becoming a gateway for drugs to some of the African countries. And that in itself is becoming a problem for all of us.
But there is one experience that I need to share: As the Chair indicated, when we visited the institutions on different occasions there was a young girl aged seven who was already dependent on drugs.
One of the questions we asked ourselves was, why? When I come back to her story later you will understand that the ages of experimenting with drugs are indeed dropping and that is a worrying aspect. But also the trade of drugs is becoming even more complicated, because at this moment everything in your kitchen can be changed into a drug, from your cleaning products, to what we drink, to the basic medicines as the Deputy Minister said. One of the most interesting things I learnt as I discussed some issues with young people was that as we expose them to science, they also become experimental as well. So they are able to really concoct many drugs for their day-to-day use.
I would then like to take this opportunity to link the Bill to a number of issues. One of the areas is the need for collaboration because unless departments work together, this Bill will remain meaningless because the Bill requires each and every department to work together.
The Department of Education needs to keep drugs out of schools. The Department of Health needs to facilitate access to detoxing and all related services. And, unless we have that collaboration and we develop programmes that are meaningful, we would continue to really look at this Bill or it would just become a statute on our Statute Book.
What we have introduced in the Bill, which is a phenomenon for the portfolio committee that I have served on, I must say, is some of the guiding principles. I hope, hon Minister, that the officials will take it very seriously; not only those from Social Development, but all the other departments. The departments need to understand that each and every programme they are developing to deal with the issue of the treatment of substance abuse, should also take into consideration the prescriptions that we have.
We introduced community-based services and I hope that our traditional leaders and our traditional healers at a very local level, especially in our rural communities, will be partnering with the department to make the early interventions services a reality, or else they will remain another programme that we would like to introduce.
It was very clear during the public hearings that we need more research into the use of drugs. This became especially clear when the Department of Sport and Recreation was presenting evidence. It became very clear that we need to allocate more resources to be able to respond to the issue of drugs.
With regard to the relationship to HIV/Aids, as the Minister clearly indicated, we still have a dialogue as South Africa that we need to enter into. We also need to find a way of responding to the challenges of harm reduction, especially with regard to exchanging needles because that is one of the areas where we need to do more work.
The relationship of substance abuse with poverty is a serious one and I would like to give an example. If you look at the issue of sex workers, we would have to find a way because for them to do what they do, they rely on drugs. And, unless we do something about their particular situation, we are going to sit with a problem of dealing with this using the wrong approach. We need to deal with issues of easy access to drugs, especially in our own communities.
We need to deal with the issue of the impact of drugs on children. When I spoke about the seven-year-old, one of the key things was that her mother is lying sick at home. She is seven years old and she is already taking care of the three-month-old baby.
She ended up finding hope in the street as a sex worker. And the only way she was going to cope was to be on drugs. If we could deal with poverty as we have committed ourselves to do, I can rest assured that we will be able to respond to the issue of substance abuse.
What was also interesting during the public hearings was the questions that were asked about other addictive behaviours that are harmful. As a portfolio committee we had to take a decision to say no, at this particular moment we are only looking at what goes into the body that is not helpful.
The Minister spoke at length about issues of disability, which I won’t speak about except to say that we need more programmes for pregnant women, especially prevention programmes. I hope that, as anticipated in the Bill, they will definitely be implemented, especially in partnership with the Department of Health, at the antenatal clinics so that early intervention can be done and we can minimise the birth of children with fetal alcohol syndrome, because those children become disabled. Therefore, the functioning of and access to services becomes a limitation.
As we move to Youth Month, allow me to say that the Deputy Speaker has already spoken about the Ke Moja programme. I think I wanted to say to young people that it’s important as a young person that when that time comes, when the walk or the living becomes very difficult, they should look back. And one of the things that came out clearly was that a lot of service users rely at that time of need on their inner strength which is their cultural and spiritual values.
We stressed, as the portfolio committee, that the programmes to be implemented must respond to and respect the cultural, religious and traditional values of that particular community, because half the time we come into communities as government and implement programmes that don’t necessarily respect or take into consideration how that particular community feels about drugs.
So, we’re saying that the programmes must take into consideration how that community responds to drugs and also alcohol, even the home-brewed alcohol like all the traditional beers that we drink.
I just want to leave you with this quote that I came across when I was reading. It is especially relevant for a lot of our service users out there. And when I read this I thought about this, Bill. It says:
Our deepest fear is not that we are inadequate. Our deepest fear is that we are powerful beyond measure. We ask ourselves, who am I to be brilliant, gorgeous, talented and fabulous?
Actually, for young people during Youth Month, you must now ask, why not? We are born to make manifest the glory that is within us. And as we let our own light shine, we unconsciously give other people permission to do the same. And I would like to say, “Ke Moja, I’m fine without drugs!” I thank you. [Applause.]
The MINISTER OF SOCIAL DEVELOPMENT: Hon Deputy Speaker, I stand here to thank this House for the support and co-ordination that it has provided for us and the portfolio committee in order to ensure that this Bill is passed. Quite obviously, the Bill couldn’t answer all the questions that ought to have been asked and answered, so I would agree with hon Mars and hon Semple that there is a need for more work to be done on this Bill in the next Parliament. For all those that will be here, I think that one of the first things that they must do is to look at the question of the crisis that we are going through in South Africa at present with this new stage of drugs amongst our people and within our communities.
This Bill offers us the opportunity to open up a new front against the onslaught of drugs in our society. The battle for a drug-free society lies at the heart of the kind of democracy that we are striving to build. Working together, our three-pronged approach will not only make us forceful in combating substance abuse, but will also secure the future of our nation and the best way to do that is to strengthen our families and community.
Whenever you leave home to come to Parliament or to work, you must be sure that your family is firm and strong. Look after your children. When they go to these parties, make sure that they don’t get themselves involved in drugs. Most of them will be doing so innocently because somebody might put a tablet in their drink and they find themselves in a situation that they had not planned.
The issue that arises is our roles individually as parents and as grandparents to ensure that our families are strong and that our communities remain as tight as they can be. I would like to take this opportunity to thank the portfolio committee and the management and all members of the Department of Social Development for their work and co- operation that they have shown over this period. Once again thank you, your Excellency, and all of you for all the good work that you have done.
Debate concluded.
The DEPUTY SPEAKER: That concludes the debate. Are there any objections to the Bill being read a second time? No objections, agreed to. The secretary will read the Bill a second time. The Bill will be sent to the NCOP for concurrence.
Bill read a second time.
HEARINGS CONDUCTED BY COMMITTEE ON OCCASION OF REVIEW BY PARLIAMENT ON ASPECTS OF EQUALITY IN SOCIETY
(Consideration of Report of Portfolio Committee on Justice and
Constitutional Development)
IMPACT OF EQUALITY ACT ON LIVES OF WOMEN AND PEOPLE WITH DISABILITIES – GENDER SECTOR
(Consideration of Report of Joint Monitoring Committee on Improvement of Quality of Life and Status of Women)
IMPACT OF EQUALITY ACT ON LIVES OF WOMEN AND PEOPLE WITH DISABILITIES – DISABILITY SECTOR (Consideration of Report of Joint Monitoring Committee on Improvement of Quality of Life and Status of Children, Youth and Disabled Persons)
Mrs J CHALMERS: Madam Speaker and hon members of this House, section 9 of the Constitution provides for the enactment of national legislation to prevent and prohibit unfair discrimination and to promote the achievement of equality. The Promotion of Equality and Prevention of Unfair Discrimination Act was passed in 2000 to give effect to this constitutional requirement by prohibiting practices that perpetuate inequality and by promoting equality in all spheres of South African life.
In 2006, ten years after the passing of our extraordinary and far-reaching Constitution, Parliament embarked on a process of reviewing the impact of the Equality Act on the lives of women and people with disabilities. Public hearings were held and a report was issued on the findings of that review process.
The concept of equality and its implementation impacts on every aspect of human life. It is what humanity is all about, it is what democracy is all about and it is what true justice is all about. There is no doubt that within the human framework that constitutes what we know as society, huge inequalities exist everywhere. Some of these inequalities are there from birth and I would like to spend a few moments speaking on this subject. Through absolutely no fault of their own, there are children born with visual or hearing impairments or profound intellectual disabilities. Others have disabilities such as epilepsy, cerebral palsy or other physical handicaps. For them playing fields are never going to be level. In fact, the great majority of them are never ever going to get onto any playing field. For them, from day one, life is going to be a fearful and exhausting battle - and not only for them, but also for their families.
Yet, each and every one of these children have the same rights as you or I, and that is the right not to be discriminated against because of his or her disability. It is critically important for them to receive a basic education that will maximise his or her capabilities so that he or she can experience a good quality of life and in many cases be able to become a useful member of society.
It must be noted that so often these special members of communities, perhaps because of the massive obstacles they have had to face and overcome, make just as great, and indeed time and again, far greater contributions to the common good than our able-bodied citizens. A prime example of this is the ongoing commitment and dedication our disabled Members of Parliament give to their responsibilities. I would like to take this opportunity to salute you, honourable comrades and colleagues.
In 2005, our Department of Education issued guidelines for inclusive learning. This was a follow-up to Education White Paper 6 of 2001 on an inclusive education and training system. The challenges confronting the implementation of inclusive education nationwide are extremely daunting and it is clear that the current situations leave much to be desired. It means the buy-in and the will of the provinces to implement, yet some provincial departments are reluctant to campaign, to get the out-of-school youth back into public and/or special schools.
Given the will and desire to implement, it requires a secure funding, which is lacking, and implementation capacity as well as training policies. In addition, serious gaps still exist with regard to accurate numbers of potential learners, which makes it very difficult to set targets and annual benchmarks. The infrastructure provisioning in public schools to deal with students with special needs remains extremely precarious.
I could continue at length but I am aware that the issue of the education of children with disabilities is but one of the challenges facing our education department at this time. I’m aware too that resources are limited and fought over vigorously with the inevitable result that what gets done does not emanate from stated policy but rather from available financial and other capacity. But my plea is that the situation of these children must not be allowed to remain on the drawing board. It is a well-known medical and sociological fact that the earlier a child’s disability is identified, the sooner remedial treatment can begin on a pathway established for his or her education. It is also a well- known fact that in both financial and social terms, it will cost far less to maintain an adult who as a child was enabled to care for himself and received the appropriate education or skills training that would help him to earn a living as he/she would not be dependent on the state.
The target set within the inclusive education policy can never be attained without the allocation of appropriate resources, training of personnel, data for monitoring and evaluation of programmes and, most importantly, raising awareness amongst and the buy-in of implementers at national and provincial level to take the process forward more vigorously.
Without the aforementioned, children and youth with special educational needs will not benefit optimally from attaining their right to education. I don’t think those of us fortunate enough to be able- bodied have any real idea of what it is like to live in the world of the disabled. I would like to talk briefly on just one aspect: the situation of deaf people in South Africa.
In our country approximately 500 000 of our citizens use sign language as their first language and yet, despite fine and dedicated work by DeafSA and other NGOs, there remains in both the public and the private sector a lack of interest, of funding, of education, of knowledge and indeed of caring for their situation. In particular, there is a critical need for trained sign language interpreters.
Without signers to interpret in a hospital, how does a deaf person communicate his or her condition or problem? In the courts or at the departments of social development and in the rural areas, where literacy is also a factor, the person who is deaf and illiterate can only communicate and express himself/herself in sign language. Without appropriate resources, support and education a deaf person is at risk of leading a life encapsulated in a world of silence. For those of us in the hearing world this seems unimaginable, but it is a fact.
The Equality Act is guided by the principles of equality, fairness, equity, social progress, justice, human dignity and freedom. On this occasion I would like to use this platform to make a special plea for our government, the private sector and society in general to turn the vision of the Equality Act into a vibrant and effective reality in order for those living with disabilities to be enabled to enjoy a richer and better quality of life; after all, it is their constitutional right. Thank you.
Mr L K JOUBERT: Deputy Speaker, one of the fundamental values espoused in our Constitution is equality. Equality in the South African abstraction is a highly problematic concept riddled with all kinds of difficulties, of which affirmative action is but one. However, this is not a new problem. The genesis of equality jurisprudence lies in the definition of equality which Aristotle crafted 2 400 years ago. He said that things that are equal should be treated equally, but things that are not equal can be treated unequally in proportion to their inequality.
In the Oxford Dictionary, equality is defined as the condition of being equal in quality, amount, value and intensity, etc. In other words, it is something that can be measured in one way or another. In the Promotion of Equality and Prevention of Unfair Discrimination Act, equality is defined as follows:
...“equality” includes the full and equal enjoyment of rights and
freedoms as contemplated in the Constitution and includes de jure and de
facto equality and also equality in terms of outcomes.
Reading all these definitions made me realise that equality, like happiness, means different things to different people - like the cook who made horse and rabbit pie, who, when he was asked in what proportion he mixed the horse and the rabbit, said, “Fifty-fifty: one horse and one rabbit”.
To illustrate this, I, as a full member of this Parliament, was only allocated four minutes in this debate, but my ANC colleague got 11 minutes. To me it’s inequality, to them it’s obviously not. For us in the DA, equality means a free and open-opportunity society for all the people. In such a society your path in life is not determined by the circumstances of your birth or the colour of your skin, but by your talents and efforts.
In a free and open society, a child born in poverty should, notwithstanding the circumstances of his or her birth, be able to become a brain surgeon, a rocket scientist or whatever he or she chooses, provided he or she has the talent and the will to succeed. In such a society it won’t be necessary to have different entry standards for students as is happening at our universities today.
My point is that the DA, as a party for all the people, cares equally about the identity issues and concerns of all the people in this beautiful country, and our key message to all is to promote equality and sharing for all, not only for some. I thank you.
Mrs S A SEATON: Madam Deputy Speaker, in dealing with Parliament’s equality review process, the Portfolio Committee on Justice and Constitutional Development convened hearings with the Department of Justice and Constitutional Development and the SA Human Rights Commission in order to assess the effectiveness of the Equality Act. Subsequent to the hearings the committee made the following recommendations:
That the Minister for Justice and Constitutional Development and the Chief Justice, together with the Judicial Services Commission, the Magistrate’s Commission and the Justice College must ensure that ongoing training in respect of the implementation of the Promotion of Equality and Prevention of Unfair Discrimination Act, Act 4 of 2000 takes place;
That the Department of Justice and Constitutional Development and the Justice College must ensure that support staff are appropriately trained in respect of the Act;
That the Department and the SA Human Rights Commission must embark on a public education campaign to increase awareness of the existence and procedures of equality courts and to raise awareness of sectors and practices that unfairly discriminate against the poor and vulnerable;
That the Department must table regular quarterly reports in Parliament pertaining to the details and progress on the designation and equipping of equality courts in the remaining magisterial districts by the end of April 2008 and the training of court staff and judicial officers;
That the Department of Justice and Constitutional Development must table annual statistics and analysis of cases dealt with in the equality courts throughout the country … And so it goes on. The IFP fully endorses these recommendations and wishes to request regular updates on the progress being made with the implementation. We accept the report. Thank you, Chairperson.
Mr A F MADELLA: Hon Deputy Speaker, hon members, 53 years ago the Freedom Charter was adopted, as I said, on 26 June 1955. It outlined a vision that South Africa belongs to all of us regardless of race, colour, religious belief, economic status and, importantly, irrespective of whether we have a disability or not.
Indeed, the principle of equality as contained in the clause which states, “All shall be equal before the law”, is enshrined in our Constitution and the Bill of Rights. In fact, the Promotion of Equality and Prevention of Unfair Discrimination Act gives legislative effect to this principle of equality and outlaws discrimination on the basis of race, sex, religion or disability.
This Equality Act, together with the Employment Equity Act, the Skills Development Act, the Skills Development Levies Act, the Social Assistance Act and our Constitution, is part of a basket of legislation introduced by the ANC-led government to protect and advance the rights of disabled people who, for decades if not centuries, were treated as people with lesser dignity, objects of pity, a burden to society and as not being able to contribute to the good of humanity.
This legislation not only prohibits discrimination on the basis of someone’s disability, but together with key policies also introduced by our ANC-led government such as the Integrated National Disability Strategy, creates opportunities for employment, education, the right to independent living, restoration of one’s dignity and achieving one’s dreams despite one’s disability.
Deputy Speaker and hon members, it is with a great sense of pride that we realise that our beloved South Africa is looked upon as a leader in the enactment of progressive legislation that impacts positively on the lives of people with disabilities and that advanced democracies such as the USA are learning from our experience.
This is without a doubt thanks to the visionary leaders of our ANC-led government, led by President Thabo Mbeki and his predecessor, Nelson Mandela. President Mbeki has pioneered the White Paper on Disability Rights as well as the Integrated National Disability Strategy. And he is also the patron of the leading disability rights movement in South Africa, namely Disabled People South Africa.
These two statesmen, both past presidents of the ANC - which as a liberation movement consistently demonstrated over the decades of struggle for a just society and a nonracial, nonsexist, democratic and prosperous South Africa – emphasised that the struggle faced by disabled people to overcome societal barriers is interwoven in the struggle for a just and humane societal order and that disabled people are not excluded from the efforts of a better life for all.
The ANC, at its national conference held in Mafikeng in 1997, expressed its commitment to the integration of disabled people into the broader South African society and also supported the White Paper on disability that, among other things, sought to ensure that the full integration and empowerment of disabled people in our South African society takes place.
The 51st conference of the ANC held at Stellenbosch in 2002 built on this point by stating in its strategy and tactics document that its vision for building a national democratic society must give greater acknowledgement to the rights, dignity and prominence of disabled people as equal members of South African society.
These points are entrenched in the ANC post-Polokwane programme of action that, among other things, strives towards the equalisation of opportunities, life-long learning and economic opportunities for people with disabilities. Previous policy biases towards institutionalisation, social exclusion and deprivation of disabled people from mainstream society and opportunities to live productive lives have been done away with by successive ANC governments. And we are confident that the future ANC government under the leadership of Comrade Jacob Zuma will continue to pursue policies of the mainstreaming, integration, inclusion and empowerment of disabled people into all facets of South African society.
The struggle for the improvement of the status and quality of life of disabled people is essential to remove all societal barriers that prevent disabled people from developing to their fullest potential and break the shackles of poverty, underdevelopment and disempowerment. People participating in the equality review processes in the public hearings and the People’s Parliament in Oudtshoorn raised the question of social and economic barriers very sharply. Overcoming some, if not all, of these barriers holds the key to unshackling the chains of poverty, inadequate education, disempowerment and despair.
The former director of the World Bank’s Social Protection Department, Mr Robert Holzmann, once said, and I quote:
Poor people are disproportionately disabled, and people with
disabilities are disproportionately poor.
Indeed, there is no doubt that societal barriers generally banish disabled people to lives of poverty where their only possible means of income is a disability grant. And due to administrative deficiencies even this income becomes unreachable.
An article in one of our national newspapers reported on the plight of a disabled woman whose attempt to obtain an identity document was frustrated by the fact that the official of Home Affairs demanded her fingerprints when in fact she has no hands. It goes without saying that this disabled woman will not be able to access government services and, indeed, will not be able to receive disability grants as a result of having no identity document. This, indeed, constitutes a definite violation of the rights and dignity of this disabled woman. Home Affairs must surely find other ways of identification processing, because the loss of one’s hands cannot be used as a basis to deny one an identity document.
Deputy Speaker and hon members, disabled people rank amongst the poorest of the poor. Some of the factors that contribute to the state of poverty among disabled people include lower skills levels due to inadequate education, discriminatory attitudes and practices of employers, past discriminatory and ineffective labour legislation, lack of enabling mechanisms to promote employment opportunities, inaccessible public transport, inaccessible and unsupportive work environments, inadequate and inaccessible provision for vocational rehabilitation and training and generally high levels of unemployment.
A Development Bank of South Africa case study on the employment of people with disabilities in our first decade of democracy found that disabled people continue to face significant challenges with respect to employment opportunities. At the root of these challenges are attitudinal and institutional barriers that perpetuate a cycle of dependency, segregation, isolation and exclusion.
More specifically, some of the constraints and challenges relating to employment that impact negatively on disabled persons include negative attitudes of others in the workplace, leading to isolation and separation as well as feelings of depression. Many respondents in the study felt anger and frustration at the fact that despite many years of service they had not been integrated into the mainstream work environment.
We, as the ANC, support the recommendations in this report. Thank you.
Ms S RAJBALLY: Thank you, Deputy Speaker. Since 1996 government has strived to turn South Africa into a true democracy, based on the values and principles enshrined in our Constitution. Equality and freedom were our key principles in addressing and amending legislation to pave the way for gender equality and equal opportunities for women and the physically challenged.
It was soon realised that constructive nation-building is dependent on the contributions of all citizens and the creation of equal opportunities. Poverty has been one of our greatest challenges, and while legislation and policy have served to address gender shortfalls, the mindset of our people remains rigid and not open to handing over the market to all.
The MF acknowledges that all departments took on a challenge to address all imbalances pertaining to gender and the physically challenged. Some have met their targets and others are still trying. But in reality it is discouraging to note that after 14 years of our democracy, serious gender inequalities exist and the disabled are not as represented in society as they should be.
It is important that with changing legislation we filter the mindset of the communities so that we may open the way for effective gender equality and opportunities for the physically challenged. We need to also reach these groups in society and lead them to realise the opportunities that await them.
It is most unfortunate that many of the physically challenged are not invited to explore their talents and skills. Many of them do not even know their value to society.
The MF finds these reports a vital measurement of the progress we have made in the arena. It is clear that many loopholes still exist, and this allows us a window through which to explore how we may address our shortfalls and speed up the process to gender equality and equal opportunity for all. The MF supports all three reports. I thank you. Ms N M MAHLAWE: Madam Deputy Speaker and hon members, the Department of Justice and Constitutional Development has an important role to play in providing fair, accessible and effective administration of justice. As the Constitution stipulates -
… to lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law …
To achieve this purpose, it therefore designates the equality courts in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act, Act 4 of 2000. These courts have to deal, inter alia, with issues and complaints from the public, with emphasis on issues of women and people with disabilities.
Notwithstanding the separation of powers of the executive, the judiciary and the legislature, Parliament has to play an oversight role over all these components. It is for this reason that Parliament took the initiative to undergo a Parliamentary Equality Review Process to determine the impact of the equality courts on persons with disabilities and women.
The SA Human Rights Commission was given a mandate to undertake these investigations. The Institute for Democracy in South Africa also conducted its own research on the functioning of the equality courts. According to the review and the reports that have been made, the following observations have been made. An average of three to six equality courts in all provinces have been established. A legal framework has been put in place and also presiding officers, clerks and assessors have been appointed. All these members are trained and continue to be trained.
There is a relationship between the Equality Act and criminal proceedings in all the courts. All High Courts in the Republic are equality courts. Magistrates’ courts act as equality courts at the insistence of the Department of Justice and Constitutional Development, according to the norms of the department.
Out of the 220 magistrates’ courts designated as equality courts, only 47 were listed in the department during the time of review. In some provinces, these courts are dysfunctional. According to reports, the public is not well informed about the existence of the courts, and there is no proof that they have been advertised.
It is observed that the equality courts are faced with numerous challenges. Equality courts are not properly publicised, as I have indicated. In some provinces, some officials are not even aware that there are equality courts. In other provinces, questionnaires that have been distributed for the purpose of the survey are not returned by the recipients.
It is reported that amakhosi and even SA Police Service members are not acquainted with the Act, and they are not even able to determine certain cases involving discrimination, racism and sexism. Even some political parties, it is reported, are not aware that there are equality courts in their areas.
Very few complaints had been registered at the time of the review. There were only 12 that were registered and yet people are still subjected to various forces of discrimination, racism and sexism.
It is clear that some measures have to be adopted so as to ensure that equality courts are known to the public and are well-publicised. I would like, therefore, to submit that Parliament should take some further steps to ensure that equality courts provide the services for which they were intended. I thank you. [Applause.]
Ms C N Z ZIKALALA: Madam Speaker, even though South Africa celebrated the 12th anniversary of the new Constitution this year, it is still faced with many challenges in achieving a society that is free of discrimination on the basis of physical disability, race and gender. Gender inequality, racism and discrimination against physical or mental disability are some of the problems which government still lacks the capacity to fully solve implement in its policies.
The IFP believes that in order for the country to be able to effectively implement such policies, it must undergo a paradigm shift with regard to how resources are allocated and how people relate to each other. The government and all relevant stakeholders, whether public or private sector, need to be thoroughly trained with regard to people with disabilities and their different requirements as well as the importance of addressing gender mainstreaming.
Furthermore, with regard to gender mainstreaming, one cannot deal with gender discrimination without tackling the issues of socialisation and culture. They both play an important role in shaping our society.
The Equality Act has been in place for eight years now but, in reality, it has not yet had the desired effect on our people. The IFP calls for a renewed effort by all South Africans to consign discrimination to the dustbin of history. The IFP accepts the report. I thank you.
Mr S J F MARAIS: Chairperson, the SA Constitution is very clear on the rights and the protection of the rights of persons with disabilities. Specifically paragraphs 9(3), 9(4), 10, 21(1), and 32(1) in Chapter 2, dealing with the Bill of Rights, emphasise that persons belonging to the disability sector have enshrined rights, and not the privileges some people make them out to be. Furthermore, the Employment Equity Act and the Equality Act are supposed to ensure that persons with disabilities enjoy the benefits emphasised by the intentions of these Acts.
Voorsitter, die DA het herhaaldelik die Parlement en onderskeie Ministers daarop gewys dat hoewel die regering baie goeie wetgewing asook indiensnemingsdoelwitte het, die praktyk ons keer op keer daarop gewys het dat genoegsame erns vir seker nie getoon word nie.
Ongeag die regering se indiensnemingsdoelwitte, toon die jaarverslae die regering slaag steeds nie in sy doelwit van slegs 2% indiensname van persone met gestremdhede nie. Verskonings sluit in dat dit ’n onvoltooide aaneenlopende proses is; dat persone met gestremdhede glo nie geklassifiseer wil word as gestremd nie en daarom kan die oudits nie voltooi word nie, ens.
Natuurlik wil hierdie persone nie kwotas wees nie en wil hulle op meriete aangestel word. Hoewel baie Suid-Afrikaners nie as swart Afrikaan, swart, bruin, wit of Indiër geklassifiseer wil wees nie, moet daar steeds oor die rasse- en geslagsamestelling verslag gedoen word. Dit is dus ’n onaanvaarbare verskoning om nie oor die indiensname van persone met gestremdhede verslag te kan doen nie. Die regering behoort dit verpligtend en afdwingbaar te maak en natuurlik die voorbeeld te stel. Slegs Sars het, volgens my wete, openlik die uitdaging aanvaar om noemenswaardig meer gestremdes aan te stel in die volgende jaar.
Voorsitter, die verslag toon baie duidelik dat die staat nie genoegsame erns toon om die regte van persone met gestremdhede te verseker nie. (Translation of Afrikaans paragraphs follows.)
[Chairperson, the DA has repeatedly pointed out to Parliament and various Ministers that although the government has very good legislation and employment objectives, in practice we have seen time and again that it is not treated with the seriousness it deserves.
Irrespective of the government’s employment objectives, the annual reports indicate that the government is still not successful in its objective of no more than 2% employment of persons with disabilities. Excuses include that it is an unfinished continuous process; that persons with disabilities apparently do not want to be classified as disabled and therefore the audits cannot be completed, etc.
These persons obviously do not want to be quotas and want to be appointed on merit. Although many South Africans do not want to be classified as black African, black, coloured, white or Indian, the race and gender composition still has to be reported on. It is therefore an unacceptable excuse not to be able to report on the employment of persons with disabilities. Government should make it compulsory and enforceable and, of course, set the example. It is only Sars, to my knowledge, that has openly accepted the challenge of appointing significantly more persons with disabilities in the next year.
Chairperson, the report clearly shows that the state is not taking the protection of the rights of persons with disabilities seriously enough.]
The report highlights the following as being of particular importance. Firstly, access to employment: We know that many able- bodied persons still don’t understand the challenges the disabled are facing, and don’t know how to deal with this group.
Secondly, access to information: Due to, amongst other things, the inaccessibility of facilities, and the inability to effectively communicate with persons with a disability, they are denied access to important information.
Thirdly, access to transport and buildings: South Africa is still trailing far behind other countries. Enforceable minimum standards should be implemented.
Fourthly, access to quality education: Mainstreaming is often very challenging for many disabled learners, and can easily marginalise them.
Lastly, access to housing: Special standards must apply for allocating housing units, as well as special tax concessions for extra costs. Housing schemes should always allocate special units to disabled persons and their families as a priority.
The one aspect to always take into consideration when deciding on anything that might affect the lives of persons with disabilities is to involve them and to consult them. I have a 22-year old multiple and severely disabled daughter, which certainly qualifies me to have a very good understanding of their circumstances, but even I cannot have 100% empathy with their challenges because I myself am not disabled.
My plea is for us to interact with them in order to understand their circumstances and their needs better. They are 100% able, in my opinion, to give advice on their real requirements. They have a saying: Nothing about us without us.
We must certainly not accommodate these very able and capable persons purely because they are disabled, but rather see it as an additional positive characteristic of their abilities that they can execute any task as well as or even better than any able-bodied person can.
Dit is nie net belangrik dat persone met gestremdhede in die drie sfere van regering verteenwoordig moet wees nie, maar dit is ook belangrik om hierdie persone te sien, en na waarde te skat, vir die ekonomiese bydrae waartoe hulle absoluut in staat is. Ek hoop werklik dat die regering die voorbeeld sal stel tot daadwerklike verbetering van die lewenskwaliteit van alle persone met gestremdhede. Die DA ondersteun hierdie verslae. Dankie. (Translation of Afrikaans paragraph follows.)
[It is not only important that persons with disabilities should be represented in the three spheres of government, but it is also important to see these persons, and to value them for the economic contribution that they are absolutely capable of. I sincerely trust that the government will set the example and play an active part in improving the quality of life of all persons with disabilities. The DA supports these reports. Thank you.]
Mr A J NYAMBI: Chairperson, hon members, it is an honour to participate in such a debate, as this is the year in which we celebrate the 60th anniversary of the formation of the ANC Women’s League, which galvanised women within the ANC into an organised grouping capable of advancing the interests of women within the movement and society.
I’ll be upfront in acknowledging the challenges facing domestic workers, farmworkers and casual workers, among others.
During the inaugural meeting of the UN General Assembly in London in February 1946, Eleanor Roosevelt, a UN delegate, read an open letter addressed to the women of the world, stating:
To this end, we call on the governments of the world to encourage women everywhere to take a more active part in national and international affairs and on women who are conscious of their opportunities to come forward and share in the work of peace and reconciliation as they did in war and resistance.
It was as if she was aware that some years later, on 17 April 1954, the women of South Africa would adopt the Women’s Charter, which stated:
We, women of South Africa, wives and mothers, working women and housewives, African, Indian, European and coloured, hereby declare our aim of striving for the removal of all laws, regulations, conventions and customs that discriminate against us as women and that deprive us in any way of our inherent right to the advantages, responsibilities and opportunities that society offers to any one section of the population.
It is because of such things that today, under the leadership of the ANC, we are debating the impact of some of the progressive legislation we have adopted as a country.
If we accept that the right to equality contained in section 9 of the Constitution is the remedy for the systematic patterns of social and economic inequalities of the past, then government is faced with the responsibility of ensuring that every single citizen of this country is in a position to exercise this right. It is in this context that the promotion of equality and the prevention of unfair discrimination enacted in February 2000 is intended to give full effect to the right to equality, as contemplated in the Constitution.
The Act consequently deals with the prevention and prohibition of unfair discrimination, as well as the promotion of equality. The objects of the legislation are, among other things, to give effect to the letter and spirit of the Constitution; prevent and prohibit unfair discrimination and provide redress in cases of unfair discrimination; and provide for measures aimed at ensuring the eradication of unfair discrimination and harassment, with special focus on race, gender and disability.
The ANC, as the ruling party, realises that the deeply ingrained and institutionalised inequalities will not disappear of their own accord, even when confronted by progressive legislation and policies. Our approach to inequality is guided by the Freedom Charter and the founding document for a democratic South Africa, the Constitution.
When we drafted this country’s Constitution the aim was to ensure that equality and the preservation of human dignity form the basis of our human rights and human development programme. Naturally, then, the Constitution prohibits unfair discrimination in any form and in any facet of our society. It also calls upon government to institute measures that address inequality whenever and in whatever form it manifests itself.
The 2007 ANC conference again pledged its commitment to successfully address the important challenges of persistent racial and gender inequalities, the disempowerment of our youth and people with disabilities and proper care for children and the elderly.
It is this commitment that ensured that the promotion and protection of equality become integral to the long-term development of South Africa. These equality policies and legislation attempt to mitigate the impact of years of discrimination and oppression through decisive measures that focus on the full participation of all South Africans in all facets of our society.
Clearly, in the South African context, equality can only be achieved through the total dismantling of structures and practices which unfairly obstruct the enjoyment thereof. Therefore, measures such as equality courts are rooted in government’s desire to achieve equality through enforceable mechanisms that afford an aggrieved party recourse to remedy the damage. It is encouraging to note the increased public awareness of these courts and what they do. Proper utilisation of the equality legislation and the equality courts presupposes that the people know about the provisions of the Constitution, the statutes and the working of the equality courts.
The public awareness campaigns are underpinned by the realisation that equality cannot be realised solely through legislation. Equality is a value that needs to be shared and upheld by entire communities and by the entire society.
If we are to realise the Freedom Charter and our Constitution’s vision of a society free of discrimination and prejudice, it is important that we ensure that the values of equality, respect and dignity take hold in the collective psyche. It is important that we continue to emphasise the critical nature of these values for the promotion of equality and reversal of unfair discrimination.
In conclusion, it means Comrade Mzala was correct when he said:
No one gave us rights. We won them in the struggle. They exist in our hearts before they exist on paper. Yet intellectually it is one of the most important areas in the battle for rights. It is through this concept that we link our dreams to the acts of daily life.
That is why, in the strategy and tactics, as adopted by the 52nd conference of the ANC in 2007, we noted that shortcomings remain in ensuring that all citizens are actually able, in practice, to exercise their rights in regard to the efficiency of the state and in changing mindsets within various state institutions. However, the Constitution and the state system provide prerequisites to implementing the objectives of the NDR. Thank you. [Applause.]
Debate concluded.
The CHIEF WHIP OF THE MAJORITY PARTY: Phini likaSomlomo, ngabe impela kuyilumbo uma kuwukuthi asiyivumi le mibiko. Asiyemukeleni. [Deputy Speaker, it would be very strange if we did not adopt these reports. Let us adopt them.]
The DEPUTY SPEAKER: Ngathi angikuzwanga kahle, baba. [I don’t think I understood you well, sir.]
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move:
That the reports be adopted.
Motion agreed to.
Reports accordingly adopted.
The House adjourned at 18:07. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE
FRIDAY, 20 JUNE 2008
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Draft Bills submitted in terms of Joint Rule 159
(1) National House of Traditional Leaders Bill, 2008, and
Traditional Leadership and Governance Framework Amendment Bill,
2008, submitted by the Minister for Provincial and Local
Government.
Referred to the Portfolio Committee on Provincial and Local
Government and the Select Committee on Local Government and
Administration.
- Introduction of Bills
(1) The Minister of Foreign Affairs
a) Diplomatic Immunities and Privileges Amendment Bill [B 55 –
2008] (National Assembly – proposed sec 75) [Explanatory
summary of Bill and prior notice of its introduction published
in Government Gazette No 31170 of 20 June 2008.]
Introduction and referral to the Portfolio Committee on
Foreign Affairs of the National Assembly, as well as referral
to the Joint Tagging Mechanism (JTM) for classification in
terms of Joint Rule 160.
In terms of Joint Rule 154 written views on the classification
of the Bills may be submitted to the JTM within three
parliamentary working days.
(2) The Minister for Provincial and Local Government
a) National House of Traditional Leaders Bill [B 56 – 2008]
(National Assembly – proposed sec 76) [Explanatory summary of
Bill and prior notice of its introduction published in
Government Gazette No 31108 of 3 June 2008.]
b) Traditional Leadership and Governance Framework Amendment Bill
[B 57 – 2008] (National Assembly – proposed sec 76)
[Explanatory summary of Bill and prior notice of its
introduction published in Government Gazette No 31108 of 3
June 2008.]
Introduction and referral to the Portfolio Committee on
Provincial and Local Government of the National Assembly, as
well as referral to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160.
In terms of Joint Rule 154 written views on the classification
of the Bills may be submitted to the JTM within three
parliamentary working days.
(3) The Minister of Health
a) Medical Schemes Amendment Bill [B 58 – 2008] (National
Assembly – proposed sec 75) [Explanatory summary of Bill and
prior notice of its introduction published in Government
Gazette No 31114 of 2 June 2008.]
Introduction and referral to the Portfolio Committee on Health
of the National Assembly, as well as referral to the Joint
Tagging Mechanism (JTM) for classification in terms of Joint
Rule 160.
In terms of Joint Rule 154 written views on the classification
of the Bills may be submitted to the JTM within three
parliamentary working days.
- Classification of Bills by Joint Tagging Mechanism (JTM)
(1) The JTM in terms of Joint Rule 160(6) classified the following
Bills as section 75 Bills:
a) Provision of Land and Assistance Amendment Bill [B 40 – 2008]
(National Assembly – sec 75).
b) National Strategic Intelligence Amendment Bill [B 38 – 2008]
(National Assembly – sec 75).
c) South African National Water Resources Infrastructure Agency
Limited Bill [B 36 – 2008] (National Assembly – sec 75).
(2) The JTM in terms of Joint Rule 160(6) classified the following
Bills as section 76 Bills:
a) National Qualifications Framework Bill [B 33 – 2008] (National
Assembly – sec 76).
b) Land Use Management Bill [B 27 – 2008] (National Assembly –
sec 76).
TABLINGS
National Assembly and National Council of Provinces
-
The Minister for Justice and Constitutional Development
(a) Government Notice No R561 published in Government Gazette No 31076 dated 22 May 2008: Criminal Law (Sexual Offences and Related Matters) Regulations in terms of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No 32 of 2007).
COMMITTEE REPORTS
National Assembly
CREDA INSERT REPORTS - T080620e–insert1 – PAGES 1330-1337
MONDAY, 23 JUNE 2008
COMMITTEE REPORTS
National Assembly and National Council of Provinces
CREDA INSERT REPORTS - T080623e–insert1 – PAGES 1339-1365
TUESDAY, 24 JUNE 2008
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Bills passed by Houses – to be submitted to President for assent
(1) Bills passed by National Council of Provinces on 24 June 2008:
a) Repeal of the Black Administration Act and Amendment of
Certain Matters Amendment Bill [B 50 – 2008] (National
Assembly – sec 75)
- Draft Bills submitted in terms of Joint Rule 159
(1) Mineral and Petroleum Resources Royalty (Administration) Bill,
2008, submitted by the Minister of Finance.
Referred to the Portfolio Committee on Finance and the Select
Committee on Finance.
- Introduction of Bills
(1) The Minister of Finance
a) Mineral and Petroleum Resources Royalty Bill [B 59 – 2008]
(National Assembly – proposed sec 77).
b) Mineral and Petroleum Resources Royalty (Administration) Bill
[B 60 – 2008] (National Assembly – proposed sec 75)
[Explanatory summary of Bill and prior notice of its
introduction published in Government Gazette No 31164 of 19
June 2008.]
Introduction and referral to the Portfolio Committee on
Finance of the National Assembly, as well as referral to the
Joint Tagging Mechanism (JTM) for classification in terms of
Joint Rule 160.
In terms of Joint Rule 154 written views on the classification
of the Bill may be submitted to the JTM within three
parliamentary working days.
- Calling of Joint Sitting
The Speaker of the National Assembly, Ms B Mbete, and the Chairperson
of the National Council of Provinces, Mr M J Mahlangu, in terms of
Joint Rule 7(2), have called a joint sitting of the Houses of
Parliament for Friday, 27 June 2008 at 10:00 in order to celebrate the
90th birthday of Nelson Rholihlahla Mandela, former President of the
Republic.
B MBETE, MP M J MAHLANGU, MP
SPEAKER OF THE CHAIRPERSON OF THE
NATIONAL ASSEMBLY NATIONAL COUNCIL OF
PROVINCES
National Assembly
-
Referral to Committees of papers tabled
1) The following paper is referred to the Select Committee on Security and Constitutional Affairs:
(a) Memorandum of Understanding (MOU) between the Government of the Republic of South Africa and the African Union (AU) contributing members of the South African Police Service to the African Union Electoral and Security Assistance Mission (MAES) to the Comoros, tabled in terms of section 231(3) of the Constitution, 1996.2) The following paper is referred to the Select Committee on Local Government and Administration for consideration and report:
a) Municipal Performance Report for 2005-2006, tabled in terms of section 48 of the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000).3) The following papers are referred to the Portfolio Committee on Finance for consideration and report:
(a) Protocol amending the Agreement between the Government of the Republic of South Africa and the Government of Australia for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, tabled in terms of section 231(2) of the Constitution, 1996. (b) Explanatory Memorandum to the Protocol amending the Agreement between the Government of the Republic of South Africa and the Government of Australia for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income. (c) Agreement between the Government of the Republic of South Africa and the Government of the Republic of the Sudan for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, tabled in terms of section 231(2) of the Constitution, 1996. (d) Explanatory Memorandum to the Agreement between the Government of the Republic of South Africa and the Government of the Republic of the Sudan for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income.4) The following papers are referred to the Select Committee on Security and Constitutional Affairs for consideration:
a) Memorandum of Understanding (MOU) between the Government of the Republic of South Africa and the Government of the Republic of Uganda on Contribution of South African Police Service Members to assist in the Provision of Security to the Meeting of Commonwealth Heads of State and Government to be held in Uganda, tabled in terms of section 231(3) of the Constitution, 1996. b) Annual Performance Plan for the South African Police Service for 2008/2009 [RP 35-2008]. -
Request from Minister of Communications
Request from the Minister of Communications for approval by the National Assembly of the following candidates recommended for appointment to the Independent Communications Authority of South Africa Act in terms of section 5(1B) of the Independent Communications Authority of South Africa Act, Act No. 13 of 2000, as amended.
Mr F K Sibanda;
Ms N Batyi; and
Mr T Makhakhe
Referred to the Portfolio Committee on Communications for consideration
and report.
TABLINGS
National Assembly and National Council of Provinces
-
The Minister of Trade and Industry
a) Government Notice No 180 published in Government Gazette No 30781 dated 22 February 2008: Standards Matters in terms of the Standards Act, 1993 (Act No 29 of 1993).
b) Government Notice No 181 published in Government Gazette No 30781 dated 22 February 2008: Standards Matters in terms of the Standards Act, 1993 (Act No 29 of 1993).
c) Government Notice No R.193 published in Government Gazette No 30782 dated 22 February 2008: Review Board Regulations: Appeal fees, in terms of the National Building Regulations and Building Standards Act, 1977 (Act No 103 of 1977).
d) Government Notice No 224 published in Government Gazette No 30805 dated 29 February 2008: Amendment to the Compulsory Specification for vehicles of category 03 and 04, in terms of the Standards Act, 1993 (Act No 29 of 1993). e) Government Notice No 225 published in Government Gazette No 30805 dated 29 February 2008: Proposed withdrawal of the Compulsory Specification for articles marked E.P.N.S. in terms of the Standards Act, 1993 (Act No 29 of 1993).
-
The Minister in The Presidency
a) African Youth Charter, tabled in terms of section 231(2) of the Constitution, 1996.
National Assembly
-
The Chairperson of the Portfolio Committee on Communications:
SUBMISSION OF LEGISLATIVE PROPOSAL:
MEMORANDUM IN TERMS OF RULE 238 OF THE RULES OF THE NATIONAL ASSEMBLY BY THE PORTFOLIO COMMITTEE ON COMMUNICATIONS
The Portfolio Committee on Communications hereby requests the permission of the National Assembly, in terms of Rule 230(1), to introduce legislation which deals with the following:
a) Particulars of proposed legislation
The legislation seeks to amend the Broadcasting Act, No 4 of
1999, so as to insert -
i) a provision for the removal of a member of the South African
Broadcasting Corporation (SABC) Board by the appointing body
on the recommendation of the National Assembly; and
ii) a provision for the dissolution of the SABC Board.
b) Objects of the
proposed
legislation
i) The Broadcasting Act does not provide for a mechanism
whereby the SABC Board may be dissolved if it is unable to
perform its functions;
ii) The Act only provides for the removal of individual members
of the Board upon the recommendation of the Board itself;
iii) The amendment would ensure that due process is followed when
there is a need for the Board as a whole to be dissolved and
also provides for the responsibilities of the Board to be
executed by an interim Board until the appointment of a new
Board.
(c) Financial implications for State
The proposed legislation will not lead to any additional
expenditure by the State.
COMMITTEE REPORTS
National Assembly
- Report of the Portfolio Committee on Justice and Constitutional Development on the Child Justice Bill [B 49 – 2002] (National Assembly – sec 75), dated 24 June 2008:
The Portfolio Committee on Justice and Constitutional Development,
having considered the Child Justice Bill [B49-2002], reports as
follows:
1. The important and overdue Child Justice Bill was introduced in
Parliament in 2002. The Portfolio Committee made various amendments
to the Bill, and in 2003, for a variety of reasons, suspended
processing the Bill. The Ministry worked on the Bill further and
proposed new amendments to Parliament in December last year.
2. The Portfolio Committee organised public hearings on the Bill in
February this year because five years had elapsed since the Bill
was first introduced in Parliament and the Bill had been
significantly changed. The approach of the Committee in processing
the Bill this year was similar to that of the 2002 Committee,
revolving around two principal considerations:
• The need to balance, on the one hand, the rights of the child
established in the Constitution and our legal obligations in
terms of international treaties and conventions with, on the
other hand, the rights of the victims of crime and the need
to fight crime and ensure the safety and security of the
community.
• The need to ensure that the State has the necessary capacity
to effectively implement the new criminal justice system for
children decided on.
3. The Committee is excruciatingly aware of the high levels of crime
in our country and the capacity of children in our country to
commit crime. The Committee is also acutely aware of the public
perception that the State is failing dismally to curb crime. It is
precisely because of these concerns that the Committee effected
changes to the Bill. Clearly, it is important to be tough on crime,
including crime committed by children, but we also have to ensure
that this is part of a process of preventing and reducing crime
over time, and ensuring that children are not criminalized and
constantly re-offend, becoming part of an endless cycle of crime.
What future has the country otherwise? Clearly, there need to be
short, medium and long term programmes, measures and targets as
part of an overall, sustainable long term strategy to reduce crime
by children as part of a broader approach to reduce crime generally
in the country. This Bill has to be located in the context of the
need of these considerations.
4. The statistics provided by government departments, NGOs, academic
and other experts to the Portfolio Committee are far from reliable
or comprehensive enough and there are also many gaps in the
research on crime committed by children. However, it is reasonably
clear that while there are many complex objective and subjective
reasons for crimes committed by children, a significant part of
crime has fundamental material and structural roots – and unless we
adequately address these systemic issues, and develop a child
justice system that is effectively based on both preventing and
combating crime, we will not be able to reduce the levels of crime
committed by children over time. This is not to be reductionist
(understand crimes by children to be simply an outcome of the
structure of society), nor is it to ignore the subjective choices
children make to commit crime for which they must be held
accountable; it is about finding a balance between the objective
and subjective dimensions of crime committed by children – and it
is this that underpins the key changes to the Child Justice Bill
that the Portfolio Committee effected. Of course, key aspects of
preventing crime by children are dealt with in other legislation
and the policies of other Departments, but the Child Justice Bill
also has to contribute to this – and this too explains part of the
Portfolio Committee’s approach.
5. The Committee is clear that we should not be romantic about
children in our country or ignore the extent to which children,
especially older children, subjectively choose to commit crime, and
they must therefore be held accountable for their actions; nor
should we downplay the State’s responsibility to ensure the safety
and security of both the potential victims of crime by children and
the society as a whole. But we are equally clear that we should
avoid an “exceptionalism” that borders on suggesting that SA
children, basically African children, are inherently worse than
children universally and are incapable of being rescued from a
predilection to committing crime; which in effect borders on neo-
racist theories. It is in striking a path between these two
extremes that the Portfolio Committee’s approach is directed.
6. The Committee processed the Bill this year in a somewhat changed
context from that of the Committee in 2002. Of course, public
anxieties and frustrations about the levels of crime and the
perception that the State is failing to curb crime have heightened.
These are very understandable feelings and views, and the Committee
is entirely empathetic. But the Committee cannot shape legislation
on a new sustainable model of child justice with both immediate and
long term goals solely on the basis of the emotions of the public,
as legitimate as these are and as accountable as Parliament is to
the public. The Committee is careful to avoid being populist and
“short-termist” in our approach and it is precisely because of
public concerns about crime and the need to ensure the safety and
security of the public that the Committee effected changes to the
Bill. Interestingly, while recognizing the limitations of Cape Town-
based Parliamentary hearings and the questions about the
“representativity” of those who participate, every submission we
received at the public hearings, it must be noted, is broadly
consistent with, and, of course, influenced, the approach of the
Committee and the changes we ultimately effected to the Bill. The
changes we made are influenced by other developments since 2002,
including:
• The notion of “restorative justice” is a fundamental aspect of
the Bill –and there have been significant advances in the
concept and practice of restorative justice since 2002, both
in South Africa and internationally. Hence it is possible to
adopt the progressive and pragmatic definition of restorative
justice in the Bill: “an approach to justice that aims to
involve the child offender, the victim, the families concerned
and community members to collectively identify and address
harms, needs and obligations through accepting responsibility,
making restitution, taking measures to prevent a recurrence of
the incident and promoting reconciliation”. An essential
element of the notion of restorative justice is the acceptance
of responsibility by the child for the offence and the need to
make amends for the harm caused. In a sense, the notion of
restorative justice is an age-old tradition in this country
and continent – it is a key aspect of traditional or customary
justice. It has surfaced internationally again in the context
of the need to more effectively deal with crime.
• Departments, especially the Department of Social Development
(DSD), other State structures and NGOs have developed greater
capacity to implement the Bill since 2002, and in some
respects are already implementing key aspects of it, including
assessments and diversion. In a sense, the Bill is lagging
behind current practice – and serves to provide a legislative
framework for ad hoc practices that have emerged. The Bill is,
in some respects, a formalisation of practices already in
place.
• According to the Department, there are about 18 000 children
already being diverted away from the criminal justice system
as provided for in the Bill.
• There are now more and more experienced Probation Officers
than in 2002 – and these Probation Officers have a key role to
play. The work they are already doing is consistent with the
current provisions of the Bill.
• There are also more secure care facilities now than in 2002
for children in conflict with the law. DSD representatives who
appeared before the Committee said that there are plans to
increase the number of secure care facilities (child and youth
care centres, in terms of the Children’s Act).
• There are changes to other legislation affecting children
since 2002, including the Children’s Act which are more
consistent with the current version of the Child Justice Bill.
7. The Bill was also amended to make it easier to read and to be more
user-friendly. The draft we received was difficult to read, not
just for children rights activists, child care workers, probation
officers, police, correctional services officials, diversion
service providers, teachers and others, but possibly also for
lawyers, prosecutors and magistrates.
8. A key aspect of the Bill is the diversion of children who come into
conflict with the law away from the formal criminal court
procedures. Diversion, experts say, began to be applied in our
criminal justice system from 1992 and is being increasingly
practised, even though it lacks a legislative framework to regulate
its implementation. The lack of legislation has led to some
problems about legal certainty, and the practice of diverting
children has become inconsistent. Some case law on restorative
justice has developed. However, the Committee feels that the
legislative framework provided in the Bill will contribute to
uncertainties being removed and ensure a clear, transparent
procedure, and will serve to hold decision-makers to account.
9. Basically, diversion allows for the referral of a child away from
the formal court system to some form of diversion option or
programme which represents an alternative to the formal criminal
justice system, and instead the child is held accountable for his
or her actions through this process. The benefits of this include
ensuring that the child receives an intervention based on his or
her individual circumstances aimed at preventing him or her from re-
offending and producing the best outcome for the child as well as
promoting public safety. In addition, the child does not incur a
previous conviction, thereby allowing him or her to become a
productive member of society without the stigma attached of a
criminal record. However, precisely because diversion represents an
alternative to the formal criminal justice system, the Bill
carefully regulates the issue. The Bill has created a system of
checks and balances to ensure that diversion is not a ‘soft option’
for children who commit crime. These checks and balances include
only allowing for the diversion of serious offences in exceptional
circumstances; requiring the Director of Public Prosecutions to
decide on whether children charged with more serious offences can
be diverted; providing that a presiding officer may decline to
make a diversion order even if requested by a prosecutor. Other
measures include the adoption of minimum norms and standards for
the content of diversion programmes; the regular accreditation of
diversion service providers; quality assurance; and the monitoring
of diversion orders. There are also mechanisms to bring the child
back into the criminal justice system should he or she fail to
comply with a diversion order. The Committee has created a
carefully balanced system of diversion in order to ensure that
children are diverted from the formal criminal justice system,
while also ensuring that such diversion is not only in the
interests of the child, but also society.
10. Since diversion is such a key feature of the Bill, its success will
ultimately depend on how the provisions of the Bill dealing with it
are applied in practice. The Bill only allows for diversion to be
considered as a possibility if the child acknowledges
responsibility for the offence, and if he or she has not been
unduly influenced, to make an acknowledgement to this effect. The
role of presiding officers and prosecutors in this regard is
possibly limited when compared to the role of the legal
representative of child. Legal representatives might often be
better placed in assisting the court to come to the correct
decision relating to diversion, having facts at their disposal
which may not necessarily emerge during a preliminary inquiry. The
Bill requires a legal representative to promote diversion, but not
to unduly influence the child to acknowledge responsibility. Legal
representatives need to be acutely aware of their responsibilities
when giving effect to this particular aspect of the Bill.
11. The Committee feels that it is important to stress that diversion
is not meant to widen the door to adults more readily using
children to commit crime, and refers to section 92 of the Bill for
action against adults in this regard.
12. While the Committee is clear that the provisions of the Bill on
diversion are sound, we have concerns about the capacity of
diversion service providers. We are clear that the capacity of the
diversion service providers needs to be significantly developed.
The Bill has several provisions that seek to ensure this, including
the requirement that DSD should “ensure availability of resources
to implement diversion programmes, as prescribed” (section 56 (2)
iii). DSD, the Department of Justice and Constitutional
Development, the Intersectoral Committee for Child Justice,
Parliament, NGOs and other stakeholders need to actively monitor
the programmes delivered by diversion service providers and, very
crucially, the outcomes.
13. A key principle of restorative justice is that of reconciliation,
which entails taking into account the views of the victim, their
families and others connected to the victim. In good measure, this
Bill gives effect to the Service Charter for Victims of Crimes,
which was adopted by the Executive in 2006, by, among others, the
following provisions:
• Specifically including, as diversion options, victim-offender
mediation, which is designed to bring together the victim and
the child offender, and family group conferencing, which
includes not only the victim and child offender but also their
respective families.
• Encouraging, where reasonably possible, regard for the
victim’s views by the prosecution on whether or not the matter
may be diverted, as well as, in the most serious offences, the
victim’s views on the nature and content of the diversion
option that is being considered, including the payment of
compensation or the performance of a specific benefit or
service by the child.
• Obliging a child justice court to take into account the
severity of the impact of the offence on the victim when
sentencing a child.
• Allowing the prosecution to place before a child justice court
a statement by the victim on the physical, psychological,
social, financial and other consequences that the crime has
had on him or her.
14. The implementation of the above provisions, however, requires
sensitivity to the plight of victims. It is important that
government departments ensure that their information management
systems are designed to collect and analyse trends to allow them to
intervene more appropriately, where necessary, with respect to the
needs and the plight of victims.
15. The Committee notes that the DSD has established 30 secure care
facilities in all the provinces and has budgeted and planned to
establish another 20. This is important as the Bill aims to divert
children as far as possible away from the criminal justice system
into the child care and protection system. In terms of Chapter 13
of the Children’s Amendment Act, 2007, all secure care facilities
and reform schools will become child and youth care centres, for
awaiting-trial and sentenced children. The existing four reform
schools and 17 “schools of industry”, which are administered by the
Department of Education at the moment, will be transferred to DSD
within the next two years. The Committee notes that until this
happens there might be challenges, and feels that the process
should be fast-tracked.
16. There is currently a ban on children under 14 awaiting trial in
prison. While recognizing the challenges, the Committee has
decided to provide for this restriction to be extended to children
under 14 being sentenced to a term of imprisonment. Unlike other
provisions of the Bill, there was not substantial consensus within
the Committee on whether the exclusion should apply to the child
when he or she is under 14 at the time of sentencing, as the Bill
provides for, or whether the child has to be under 14 at the time
of the commission of the offence. This may require further
consideration in future.
17. The Constitution requires children in conflict with the law to be
kept separately from adults. The Bill provides that this must apply
also when children are being transported to and from their place of
detention and court. However, it is recognized that this is in some
situations not possible and the Committee has, very reluctantly,
after much deliberation, allowed for these exceptions. But the
Committee is clear that only in exceptional circumstances and where
it is simply not possible otherwise, must children be transported
together with adults. All stakeholders are required to monitor this
to the extent reasonably possible.
18. The Committee was informed that girl children, especially in police
cells and lock-ups who appear in court, are often found not to have
access to sanitary pads required during their menstrual cycle.
While the Committee recognizes that this falls outside the ambit of
medical assistance, we feel it should be considered by the
police, secure care facility and correctional facility authorities.
19. The “recognizing” section of the Preamble of the Bill suggests that
black children are more vulnerable to crime because of the legacy
of apartheid. While supporting the Bill, the Democratic Alliance
(DA) raised reservations about the reference to black children in
this context. The majority in the Committee feels that this section
of the Bill holds true for the present, but agreed that it may not
necessarily be so in the future. An amendment was effected to this
section of the Preamble to partly address the DA’s concerns, and
the Committee agreed that the section should be reviewed after 5
years to consider its continuing relevance.
20. In terms of section 154(3) of the Criminal Procedure Act, there is
a prohibition on the publication of any information which may
reveal the identity of an accused person who is under the age of 18
years. However, once the person turns 18 the prohibition falls
away. The Committee feels that the Department, and perhaps the
South African Law Reform Commission, should consider an amendment
to section 154(3) of the Criminal Procedure Act to provide for the
retention of the prohibition after a person turns 18. The
Department should report back to the Committee on this within a
reasonable time.
21. The Committee feels it is important to draw attention to the many
provisions in the Bill relating to the need for children and their
parents or “appropriate adults” to be fully informed about the way
the new child justice system will work, and there is significant
space for them to also be heard in respect of the offences the
children are accused of.
22. While the State has obvious obligations towards children it cannot
substitute for the role of parents, who have the primary
responsibility towards children. This principle has been given
legislative definition through the inclusion of the concept of
parental rights and responsibilities in the Children’s Act. Section
18 states that parents of children have both parental rights and
responsibilities towards children, which include care of and
contact with their children. Care is defined in the Act to include
protecting the child from maltreatment, abuse, neglect,
degradation, discrimination, exploitation and any other physical,
emotional or moral harm or hazards and guiding the behaviour of the
child in a humane manner. These are responsibilities best fulfilled
by parents and the State should not be a substitute provider for
this type of care unless circumstances require. The issue of
parental care being the primary care for children has been alluded
to by the Constitutional Court in The Government of the Republic of
South Africa and Others v Grootboom and Others 2001 (1) SA 46 (CC),
where the Court reasoned (albeit in the context of socio-economic
rights) that the Constitution contemplated in section 28, seen as a
whole, that children should be basically cared for by their parents
and families. The Bill provides many opportunities and obligations
to ensure the participation of parents, both in requiring their
presence at formal justice processes, and involving them as far as
possible in diversion and community-based sentences. This is one of
the practical ways in which the aim of promoting “Ubuntu” can be
realised. Children do not live alone, they are members of families
and communities. It is well understood that a sense of belonging,
as well as caring about what one’s family and community think or
feel about one, are powerful factors in preventing crime. The
Committee feels that unless we can re-establish functional
families, we cannot solve all the challenges associated with
children coming into conflict with the law. We need to rebuild
society through strong families, kinship groups and communities,
which will further add towards crime prevention and the prevention
of children re-offending.
23. The Committee is acutely aware of the capacity and other
constraints of the State to implement the Bill, and the amendments
to the Bill were effected with this constantly in our collective
mind. There are also various provisions in the Bill that relate to
the need to develop the capacity of the State. The Preamble also
notes, in the “acknowledging” section, that “there are capacity,
resource and other constraints on the state which may require a
pragmatic and incremental strategy to implement the new criminal
justice system for children”. We engaged rigorously with the
Departments and other state structures on their capacity to
implement the Bill. This included about 12 hours in closed workshop-
type meetings and a further eight hours in ordinary Portfolio
Committee meetings. We also required the State and other structures
to respond in writing to questions about their capacity to
implement the Bill, which were put to them in writing. We also
undertook study visits, without pre-warning, to the One Stop Child
Justice Centres and diversion service providers in Mangaung and
Port Elizabeth. Overall, we feel that while the co-operation and co-
ordination among the government departments responsible for the
implementation of the CJB has improved recently, there is still
some way to go. We would have preferred to have seen greater
consensus among the Departments on the use of terms and the
accuracy of statistics and on other issues, but we are clear that
the departments and other State structures certainly have the
potential to implement the Bill effectively. Of course, it will be
challenging - but it can be done. There has to be a pragmatic,
phased, sensible implementation strategy. In any case, the Bill
will only come into effect on 1 April 2010.
24. Interestingly, the original independent 2001 report on the costing
exercise on the Bill noted: “capacity is an important consideration
in transformation (human capacity, financial capacity, information
technology, etc). But current capacity should not dictate the
destination that the Child Justice Bill wishes to achieve. …
Current capacity does however influence the trajectory of the
implementation strategy to achieve the specified objective”. An
important consideration is that people tend to seek to invest time
in learning how a new system works only if that system is a reality
in their lives. “So long as the implementation of the system is
being planned so people will only plan to learn how it works some
time in the future, i.e. capacity will not be developed without
some external pressure.” The report also rejects a big bang
approach, which, it says, could severely compromise service
delivery but acknowledges that dividing the actual implementation
into a number of phases is a challenge. The report also suggests
that a systemic approach will probably require a reasonably long
roll-out period, requiring a project management approach. The
implementation plan will also need to be reviewed regularly.
Obviously, there will be major costs in implementing the Bill, but
over time, experts argue, there will be financial savings for the
government.
25. Obviously, there are aspects of the CJB that only the state
structures should implement, but there are other aspects that the
NGOs could assist with and are keen to do so. It is important,
however, not to conflate the roles of the State and NGOs, but
certainly there is a need for greater co-operation between them,
and the Committee effected various amendments in the Bill to
encourage this.
26. There are various regulations, directives and national instructions
that Parliament has to approve of. The Committee commits itself to
fulfilling its responsibilities in this regard with due expedition.
27. In view of the need for inter-sectoral co-operation and co-
ordination in the implementation of the Bill, the Committee will co-
operate with the Social Development and other relevant portfolio
committees in oversight of the implementation of the Bill. The
Committee will seek to facilitate at least one meeting a year to
jointly receive reports from the relevant departments and other
stakeholders in order to monitor progress on the implementation of
the Bill.
28. The Committee acknowledges the extremely valuable contribution of
various individuals in the finalization of the Bill, including Mr
Laurence Bassett, Advocate Shireen Said, Ms Thandazille Skhosana,
Ms Corlia Kok and Mr Hennie Potgieter, who made up the Department
team; Dr Anne Skelton, Dr Jacqui Gallinetti and Ms Dhaksha Kassan
from the Child Justice Alliance; Ms Christine Silkstone of
Parliament’s Research Unit; researcher Mr Tumisang Bojabotshena;
and Mr Neil Bell, Chief Editor, Bills Office of Parliament.
29. While the Committee regrets the delay in finalising the Bill, we
would like to think the delay served to, ultimately, produce a
better quality Bill. Certainly, the Bill is the outcome of
considerable negotiations among a range of stakeholders, and there
is now substantial consensus on its content between Parliament, the
Executive, NGOs and academic and other experts. The challenge now
is for us all to work together to implement the Bill effectively.
The Committee feels we owe this to the children of our country and
we need to do this to consolidate and advance our democracy.
Report to be considered.
- Report of the Portfolio Committee on Minerals and Energy on the Mineral and Petroleum Resources Development Amendment Bill [B 10B – 2007] (National Assembly – sec 75), dated 24 June 2008:
The Portfolio Committee on Minerals and Energy, having considered the subject of the Mineral and Petroleum Resources Development Amendment Bill [B10B – 2007] (National Assembly – sec 75), referred back to the Committee by the House (see Minutes of Proceedings of 20 September 2007, p 1874), presents a redraft of the Bill [B10D-2007].