National Council of Provinces - 27 November 2008
THURSDAY, 27 NOVEMBER 2008 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The Council met at 10:06.
The Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.
OBJECTION TO NOTICE OF MOTION BY MS B L NTEMBE, DATED 11 NOVEMBER 2008 MISLEADING STATEMENT BY MR D A WORTH, DATED 19 NOVEMBER 2008
(Ruling)
The CHAIRPERSON OF THE NCOP: Hon members, before I continue with the Order Paper for today, I want to make two rulings, which I promised that I would do. Hon members, I would like to make a ruling on a point of order raised by hon Tolo during the plenary on Tuesday, 11 November 2008. The hon member objected to the notice of a motion that was moved by hon Ntembe; in particular the hon member objected to a statement by hon Ntembe that reads as follows:
That the hon Minister for Provincial and Local Government on national television made known the decision to reincorporate Khutsong into Gauteng province.
After perusal of the transcript of the interview material sourced from the SABC, I noted that the reference was made to the effect that Khutsong should be reincorporated into Gauteng. However, the hon Tolo was correct to say that the Minister went further to explain that he would be consulting with the communities of Khutsong, Moetse and Matatiele to get their views and to explain to them the processes that would be followed. I therefore rule that the reference to the reincorporation was made and therefore the notice of motion by hon Ntembe stands.
The second ruling relates to a point of order raised by Kgoshi Mokoena during our plenary on Wednesday, 19 November 2008. The hon member objected to a statement made by hon Worth on the grounds that the member was misleading the House when he said: “Members who attended the public hearings were bussed in.”
After perusal of the Hansard transcript, I can confirm that indeed the member did say, “Members who attended the public hearings were bussed in”. However, I would like to caution members that in terms of Rule 46(b) a member may not deliberately make a statement in Council which the member knows is false. That is what the Rule says. In this case, I am unable to verify whether indeed members of the public were bussed in to attend the public hearings or not.
However, let me conclude by saying that the Constitution also requires both the provincial and the national legislatures to facilitate public participation in the legislative process. Therefore, how this is done is a matter for discussion. Thank you very much.
CONCERNS ABOUT WATER QUALITY
(Draft Resolution)
Ms D ROBINSON: Chairperson, I move without notice:
That the Council -
1) notes with concern the tragic circumstances of the outbreak of
cholera in Zimbabwe and on our borders;
2) expresses its concern to the water authorities in South Africa to
ensure that the quality of our water is high enough to prevent the
spread of cholera which can have such devastating consequences for
our people;
3) takes the recommendations of Dr Anthony Turton of the Council for
“Scientific and Industrial Research, CSIR, seriously in his paper
‘Science Real and Relevant – A clean South Africa”; and
4) is of the opinion that Dr Turton should be restored to his position
so that he can continue to make the correct facts about our
impending water crisis known, so that preventative action can be
taken.
Motion agreed to in accordance with section 65 of the Constitution.
GOOD MANAGEMENT OF FINANCES IN KWAZULU-NATAL
(Draft Resolution)
Mnu D D GAMEDE: Sihlalo, ngiphakamisa ngaphandle kwesaziso:
Ukuthi lo Mkhandlu –
1) Uhalalisela futhi uncoma isifundazwe saKwaZulu-Natali ngombiko
okhishwe uMcwaningimabhuku oveze ukuthi isimo nezinga lokuphathwa
kwezimali esifundazweni sihle kakhulu futhi sihle kunazo zonke
ezinye izifundazwe;
2) ugcizelela ukuthi akukho soka lingenasici, kanye nanokuthi
izinkinga ezibhekene noMnyango Wezolimo zilungiswe ngokushesha
okukhulu futhi;
3) ucela uhulumeni ophethe KwaZulu-Natali njengamanje ukuthi uqhubeke
nokuziphatha kahle kakhulu izimali nakule minyaka eminye ezayo. (Translation of isiZulu draft resolution follows.)
[Mr D D GAMEDE: Chairperson, I move without notice:
That the Council -
1) congratulates and praises the province of KwaZulu-Natal on the
report issued by the Auditor-General which revealed that the
finances of the province were properly handled and that the
management of finances in the province was of a higher standard
than in all the other provinces;
2) emphasises that no one is perfect, and that the Department of
Agriculture and Environmental Affairs should be put in order as
soon as possible; and
3) requests the ruling party in KwaZulu-Natal to continue to manage
the finances properly, even in the near future.]
Motion agreed to in accordance with section 65 of the Constitution.
INTERNATIONAL DAY FOR THE ELIMINATION OF VIOLENCE AGAINST WOMEN
(Draft Resolution)
Ms N F MAZIBUKO: Chairperson, on behalf of the Chief Whip of the Council, I move without notice:
That the Council -
1) notes that 25 November marks the International Day for the
Elimination of Violence Against Women as part of the 16 Days of No
Violence Against Women campaign;
2) acknowledges that many women and children in South Africa are still
victims of violence at the hands of their partners and spouses; and
3) calls on all South Africans and institutions of government to
protect the rights of women and children in our country.
Motion agreed to in accordance with section 65 of the Constitution.
SUSPENSION OF RULE 239(1), JOINT RULE 154(2) AND JOINT RULE 220(2) FOR PURPOSES OF CONSIDERATION OF NATIONAL YOUTH DEVELOPMENT AGENCY BILL
(Draft Resolution)
The CHIEF WHIP OF THE COUNCIL: Chairperson, I move the motion printed in my name on the Order Paper, as follows:
That the Council -
1) suspends Rule 239(1), which provides, inter alia, that the
consideration of a Bill may not commence before at least three
working days have elapsed since the committee’s report was tabled,
for the purposes of consideration of the National Youth Development
Agency Bill [B82 — 2008] (National — Assembly sec 75) on Thursday,
27 November 2008;
2) subject to the concurrence of the National Assembly, suspends Joint
Rule 154(2), which provides that the Joint Tagging Mechanism may
not classify a Bill before the expiry of the period stated in the
Announcements, Tablings and Committee Reports, in respect of the
Bill (see Announcements, Tablings and Committee Reports, 20
November 2008, p 2321); and
3) subject to the concurrence of the National Assembly, for the
purposes of conducting the debate today on the National Youth
Development Agency Bill [B 82 — 2008] (National Assembly — sec 75),
suspends Joint Rule 220(2), which requires that a translation of a
Bill’s official text must be received by Parliament at least three
days before the formal consideration of the Bill by the House in
which it was introduced.
Question put: That the motion be agreed to.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Motion accordingly agreed to in accordance with section 65 of the Constitution.
RATIFICATION OF EXTENSION OF DEADLINE FOR AD HOC JOINT COMMITTEE TO REPORT ON DRAFT AMENDMENT REGULATIONS MADE IN TERMS OF PUBLIC FUNDING OF REPRESENTED POLITICAL PARTIES ACT
(Draft Resolution)
The CHIEF WHIP OF THE COUNCIL: Chairperson, I move the motion printed in my name on the Order Paper, as follows:
That the Council —
1) notes that the Ad Hoc Joint Committee to consider the draft
amendment regulations made in terms of the Public Funding of
Represented Political Parties Act was due to report on 5 November
2008;
2) further notes that the committee has on 18 November 2008 reported
on its mandate;
3) resolves, subject to the concurrence of the National Assembly and
notwithstanding Joint Rule 138(5), to ratify the extension of the
deadline by which the committee had to report to 18 November 2008.
Question put: That the motion be agreed to.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Motion accordingly agreed to in accordance with section 65 of the Constitution.
LEAVE OF ABSENCE TO MEMBERS
(Draft Resolution) The CHIEF WHIP OF THE COUNCIL: Chairperson, I move the motion printed in my name on the Order Paper, as follows:
That the Council, notwithstanding the provisions of Rule 17(1) of the Rules of the National Council of Provinces, grants hon F Nyanda and hon A N D Qikani leave of absence from proceedings of both the Council and committees of the Council in terms of Rule 17(2) until the honourable members are ready to resume their duties.
Question put: That the motion be agreed to.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Motion accordingly agreed to in accordance with section 65 of the Constitution.
NATIONAL LAND TRANSPORT BILL
(Consideration of Bill and of Report thereon)
Mr R J TAU: Chairperson, hon members, I must confess that since the time I was sworn in as a member of this House, I have never been lobbied the way I have been lobbied today. Hon members asked me to make sure that our statement is not more than five minutes long. Therefore, I want to oblige the hon members. All members who lobbied me said that they have read the report in the ATCs.
I just want to make one or two important points around the Bill itself, for the benefit of those hon members who did not have an opportunity to read the report.
For the purposes of management of land transportation in the country, the Bill seeks to create an environment wherein municipalities will be allowed, through national, provincial or whatever regulators, to have their own local integrated road transport plans. This is something that has been lacking when it comes to land transportation in our country. Municipalities did not have the capacity to develop their own integrated road transport plans.
That also raises the question of regulators and the issuing of permits. I must point out that we had heated debates on this matter from our provinces during the public hearings and even within the committee itself. It related to the question whether a permit to operate is an asset that a South African citizen can use as an economic instrument to advance or to grow economically. However, we agreed, as the committee, that it cannot be concluded that it is an asset precisely because of the challenges that come with it. As a result, we agreed that the report will be presented to the House for adoption. I now present it, Chairperson. Thank you very much. Debate concluded.
Question put: That the Bill be agreed to.
The CHAIRPERSON OF THE NCOP: All nine provinces have voted in favour of the Bill, but, unfortunately, I will not count the Mpumalanga vote because we do not have their mandate in writing. As soon as we get your mandate, we will incorporate it into our records. For now, eight provinces have voted in favour of the Bill. I therefore declare this Bill agreed to in terms of section 65 of the Constitution.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Northern Cape, North West, Western Cape.
Bill accordingly agreed to in accordance with section 65 of the Constitution.
JUDICIAL MATTERS AMENDMENT BILL
(Consideration of Bill and of Report thereon)
JUDICIAL MATTERS AMENDMENT BILL
(Consideration of Second Report)
The CHAIRPERSON OF THE NCOP: Order! Just before Mr van der Merwe speaks, I want to say that he will be speaking on the Second and the Third Orders.
Mr D J P VAN DER MERWE: Chairperson, hon colleagues, we look upon the Select Committee on Security and Constitutional Affairs as one of the most important committees and we, as the DA, will support all efforts to improve our justice system.
This Bill contains 40 clauses and it seeks to amend 14 unrelated different Acts. The purpose of the Judicial Matters Amendment Bill is to amend numerous provisions in various Acts by the Department of Justice and Constitutional Development which do not require individual amendment Acts. [Interjections.]
Mr B J MKHALIPHI: Chairperson, on a point of order. I think we need to raise a point of order, because this is a committee report that does not necessarily have to reflect a party-political position.
The CHAIRPERSON OF THE NCOP: Correct. Continue, hon member.
Mr D J P VAN DER MERWE: Chairperson, section 113 of the General Laws Amendment Act of 1935 criminalises the act where a newly born child is disposed of with the intention of concealing the birth of the child. Amendments in clause 1 address the evidentiary burden of proof that is placed on the accused person. Clause 59(A) of the Criminal Procedure Act of 1977 is aimed at amending section 60 of the Criminal Procedural Act of 1977, which deals with bail application of an accused person in court. This amendment intends to address the problem of overcrowded prisons. This clause allows bail money to be paid at any magistrate’s or High Court in the country and not only in the court where the accused person is appearing.
Clause 34 section 7 of the Judges’ Remuneration and Conditions of Employment Act. A judge who is discharged from active service and is under the age of 75 years must, when required to do so, perform service for three months in a year. Judges may voluntarily perform service for more than three months yearly.
However, acceptance does not necessarily mean approval. The DA supports this Bill. I thank you.
Debate concluded.
Judicial Matters Amendment Bill agreed to in accordance with section 75 of the Constitution.
Question put: That the Report be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape. Report accordingly adopted in accordance with section 65 of the Constitution.
CONSIDERATION OF REPORT OF JOINT COMMITTEE ON ETHICS AND MEMBERS’ INTERESTSON REPORT OF AUDITOR-GENERAL ON ALLEGED NONDISCLOSURE BY MEMBERS
OF PARLIAMENT
CONSIDERTATION OF REPORT OF JOINT COMMITTEE ON ETHICS AND MEMBERS’
INTERESTS - COMPLAINT AGAINST MINISTER B M N BALFOUR
Mr R J TAU: Chairperson, I will just make the House’s life much easier by going straight to the findings of the committee on Mr Woods. It is recommended that Mr Woods be given the benefit of the doubt with regard to Berg Street Properties, as there is no evidence to indicate that Mr Woods consented to being appointed as a director for the Imbenge Group and Imbenge Properties. That came about as a result of a complaint laid that Mr Woods was a member of these companies and he did not declare it in his form.
On the second issue regarding the hon Minister Balfour, it is as a result of a complaint which refers to a payment allegedly made by Kgwerano Financial Services for a Volkswagen Touareg. It was alleged that the Minister had failed to declare a payment made by Kgwerano Financial Services, as required by the code of conduct for Members of Parliament.
The findings read as follows:
In light of the above the committee found unanimously that the allegation that the Minister received a gift in the form of a payment for his motor vehicle was not substantiated. Consequently there is no breach of the code …
… for having received the Touareg. That is how I present the report to the House. Thank you.
Debate concluded.
Question put: That the Report of Auditor-General on alleged nondisclosure by Members of Parliament be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report of Auditor-General on alleged nondisclosure by Members of Parliament accordingly adopted in accordance with section 65 of the constitution.
Question put: That the Report on Complaint Against Minister B M N Balfour be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report on Complaint Against Minister B M N Balfour accordingly adopted in accordance with section 65 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL AFFAIRS - PROVISIONAL SUSPENSION FROM OFFICE OF MAGISTRATE A BACHARAM
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL AFFAIRS - SUSPENSION/REMOVAL FROM OFFICE OF MAGISTRATE X I R MASIMINI
Mr Z C NTULI: Chairperson, hon members, this is about the suspension/removal of Magistrate Masimini and the suspension of Ms A Bacharam. The Select Committee on Security and Constitutional Affairs wishes to recommend that the House passes a resolution to uphold the decision of the Magistrates’ Commission regarding the provisional suspension of Magistrate A Bacharam and the removal from office of Magistrate X I R Masimini, respectively, as it appears on the Announcements, Tablings and Committee Reports, ATCs, of 17 November 2008, on page 21. I request the House to pass that resolution. Thank you.
Debate concluded. Question put: That the Report on the Provisional Suspension From Office of Magistrate A Bacharam be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report on the Provisional Suspension From Office of Magistrate A Bacharam accordingly adopted in accordance with section 65 of the Constitution.
Question put: That the Report on Suspension/Removal from Office of Magistrate X I R Masimini be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report on Suspension/Removal from office of Magistrate X I R Masimini accordingly adopted in accordance with section 65 of the Constitution.
CONSDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL AFFAIRS - AMENDING DRAFT NOTICE AND SCHEDULE DETERMINING RATE AT WHICH SALARIES ARE PAYABLE TO CONSTITUTIONAL COURT JUDGES AND JUDGES ANNUALLY
Mr Z C NTULI: Chairperson, hon members, I hereby note the report of the Select Committee on Security and Constitutional Affairs and the statement submitted in terms of section 2(4) of the Judges’ Remuneration and Conditions of Employment Act of 2001. This seeks to determine the rate at which salaries are payable to Constitutional Court Judges and judges annually. Judging by the report, the salary scale of the judges within this respective jurisdiction is within the ambit and the jurisprudence of the fair labour laws and the Constitution of the Republic.
I call upon the House to support this amendment. Thank you.
Debate concluded.
Question put: That the Report be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON LOCAL GOVERNMENT AND ADMINISTRATION – INTERVENTION IN DITSOBOTLA LOCAL MUNICIPALITY - NORTH WEST
Mr B J MKHALIPHI: Chairperson, hon members, good morning. The report that appears in the ATCs is a report on our visit to the Ditsobotla Municipality on 29 and 30 October. On our arrival at the municipality, we realised that there were already some support mechanisms that had been implemented by the office of the MEC in the province. However, despite these interventions, a formal intervention was necessary in terms of section 139.
The issue that was urgently raised in our intervention and interaction with councillors was the dysfunctional nature of the municipality owing to political inability to manage the affairs of the municipality.
In a meeting that was part of our interaction, this committee had to intervene and reprimand an official who had allegedly intimidated people who were making inputs during the meeting. To highlight the state of disarray that prevails in this municipality, we also found that the community development workers who were supposed to be part of the workforce wanted to make an input and thus organised themselves as outside stakeholders.
Among the developments that are promising in this municipality, we realised that there was already a deployee of the Development Bank of Southern Africa who was operating in the financial section. This official said that, if given the space and a correct environment, things can turn around for the better in this municipality. We also observed that the municipal manager deployed from the province was making good progress in the municipality.
I will highlight just a few of the recommendations that we will table in this House. First among these, as we were sent by this honourable House as part of a fact–finding mission to that municipality, is the recommendation that the National Council of Provinces approves the interventions issued by the North West MEC for Developmental Local Government and Housing.
We also recommend that that department facilitates the appointment of a forensic investigation that should go deeper into the alleged financial irregularities and mismanagement in this municipality.
We also recommend that serious steps be taken by this municipal council to ensure that appropriate measures are taken to normalise relationships between the municipal councillors and officials.
Lastly, we also implore the municipal council to revisit the code of conduct for councillors and officials in order to manage their respective roles. We put this report to this House for consideration. Thank you, Chair.
Debate concluded.
Question put: That the Report be adopted. IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON LOCAL GOVERNMENT AND
ADMINISTRATION - OVERSIGHT VISIT TO MOHOKARE LOCAL MUNICIPALITY
Mr D A WORTH: Deputy Chairperson, the NCOP delegated the Select Committee on Local Government and Administration to conduct a fact-finding mission to the Mohokare Local Municipality in the Free State province during the period 9 to 10 October 2008.
The main objective of the visit was to interact with the internal and external stakeholders in the municipality in order to solicit their opinions on the interventions invoked by the provincial executive councils through the office of the MEC for Local Government and Housing in terms section 139(1)(b) of the Constitution.
In the municipality, the delegation of the committee had interactive and consultative meetings with the municipality’s stakeholders. The main stakeholders were the administrator, the councillors and representatives from the SA Local Government Association, Salga, the Free State Youth Commission, organised labour and business forums.
The administrator indicated that the main reasons for the intervention in Mohokare Local Municipality included infighting among councillors, which resulted in the council not sitting; and allegations of fraud and misuse of funds, leading to suspensions, as well as paralysis of the council’s operations.
Some of the notable achievements reported by the administrator included the creation of a now favourable climate for councillors to work together; the development and passing of the integrated development plan, IDP, and the budget; the provision of technical and systems support; the facilitation of filling of four vacant section 57 manager posts; and the introduction of systematic handling of problems and systems for effective delivery.
Some of the key challenges reported included: low morale among municipal workers; the use of contract workers to complement the workforce; ineffective management of the municipality’s income-generating facilities; water supply shortages; and insufficient income generation due to depressed economic conditions.
The union affiliates comprised of Cosatu, Sadtu, Nehawu, Samwu, Numsa, Popcru and Saccawu indicated that they jointly support the intervention issued by the provincial executive council.
Having visited the Mohokare Local Municipality, the Select Committee on Local Government and Administration recommends the following: firstly, that approval be granted for the interventions issued by the Free State MEC for Local Government and Housing. Secondly, the provincial Department of Local Government and Housing should facilitate the appointment of the forensic investigation on alleged financial regularities and mismanagement in the municipality.
Thirdly, the provincial Department of Local Government and Housing should ensure fast-tracking of the appointment of section 57 managers. Fourthly, the municipality must ensure the implementation of good labour practices. Fifthly, the municipality should also facilitate the signing of performance management contracts and assessments of section 57 managers and the implementation of a code of good conduct and working relationships among councillors and officials. Sixthly, the MEC’s offices are to monitor the progress of the municipality, through the scrutinising of periodic reports, which are to be copied and forwarded to the NCOP.
Lastly, the intervention is to be reviewed after a period of six months, that is, by 30 April 2009. This report is to be considered by this House. I thank you. [Applause.] Debate concluded.
Question put: That the Report be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON LOCAL GOVERNMENT AND
ADMINISTRATION - OVERSIGHT VISIT TO XHARIEP DISTRICT MUNICIPALITY
Mr D A WORTH: Deputy Chairperson, hon members, the NCOP delegated the Select Committee on Local Government and Administration to conduct a fact- finding visit to the Xhariep District Municipality in the Free State province on 11 October 2008. Again the main objective of the visit was to interact with internal and external stakeholders in the provincial executive council through the office of the MEC for Local Government and Housing in terms of section 139(1)(b) of the Constitution.
The committee had interactive meetings with stakeholders, including the administrator, the executive mayor, the chief whip, the acting municipal manager, organised labour, the Free State Youth Commission, the SA Council of Churches and the SA Local Government Association, Salga.
In briefing the committee, the administrator indicated that on 28 May 2008 the Free State provincial executive council decided to intervene in the Xhariep District Municipality. The rationale for the intervention was its lack of capacity to perform powers and functions; inadequate budget to perform as a district municipality; and possible unauthorised, irregular, fruitless and wasteful expenditure, including fraud, corruption and nepotism.
The administrator further informed the committee that since its establishment the district encountered acute financial constraints due to the limited levy base, and for the past three years the district has passed budgets with deficits. The provincial department of local government has provided the district with technical support to achieve the development of the budget, budget-related policies, internal control, annual financial statements and financial management since the suspension of the chief financial manager.
In order to deal with the above-mentioned challenges the administrator indicated that a turnaround strategy has been developed to provide system support and strengthening of internal control; to support the establishment of internal audit function; and to ensure development and implementation of performance agreements that could hold section 57 managers accountable for their performance.
The Free State Youth Commission welcomed and supported the intervention. The representatives of the union Samwu indicated that organised labour supported the intervention as issued by the MEC of Local Government and Housing.
Having visited Xhariep District Municipality, the Select Committee on Local Government and Administration recommends that: approval is granted for the intervention issued by the Free State MEC for Local Government and Housing; the provincial Department of Local Government and Housing facilitate the appointment of a forensic investigation into the alleged financial irregularities and mismanagement in the municipality; the provincial Department of Local Government and Housing ensures the fast-tracking of the appointment of section 57 managers; the municipality ensures the implementation of good labour practices between the municipal management and organised labour and the functioning of the labour forum in the municipality; the municipality also facilitates the signing of performance management contracts and assessments of section 57 managers and the implementation of a code of good conduct to ensure a working relationship amongst councillors and officials; the MEC’s office monitors the progress of the municipality through scrutinising periodic reports and forwards a copy to the NCOP and the intervention be reviewed after a period of six months, which is until 30 April 2009.
This report is to be considered by this House. Thank you. [Applause.]
The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): We just had a presidential delegation from Russia in the gallery, but they have left. Unfortunately we couldn’t welcome them.
Debate concluded.
Question put: That the Report be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.
PHOTOGRAPHING OF MEMBERS
(Announcement)
The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Hon members, before I proceed I have an announcement to make about official photographs. Parliament will be producing a special publication that pays tribute to MPs who served during the third democratic Parliament. The publication will be a gift to all MPs during the presidential address on 6 February 2009.
The group photo of all MPs - the National Assembly and the NCOP - was taken last Tuesday. We have been busy taking individual portraits since last week. We took most of the portraits during the Women’s Parliament. We still need to take a few of the committee chairpersons’ portraits so we thought that we might try to do them today for those remaining.
We have already taken some, including presiding officers and House Chairpersons, as well as the Chief Whip. Those who have not taken individual photos should remain after the plenary and the photographer will be waiting for you. It will only take a few minutes of your time.
Business suspended at 11:15 and resumed at 14:05.
Afternoon Sitting
CONSIDERATION OF REPORT OF AD HOC JOINT COMMITTEE ON AMENDMENT REGULATIONS MADE IN TERMS OF SECTION 10 OF PUBLIC FUNDING OF REPRESENTED POLITICAL PARTIES ACT
Mr Z C NTULI: Chairperson, hon Minister, hon members, comrades and friends, I hereby make a statement which proposes the acceptance of the Report of the Ad Hoc Joint Committee on Amendment Regulations. The regulations were made in accordance with section 10 of the Public Funding of Represented Political Parties Act, Act 103 of 1997.
It is important to note that the ad hoc committee was constituted by members of the Portfolio Committee on Justice and Constitutional Development and the Select Committee on Security and Constitutional Affairs. It then made recommendations to the President of the Republic in line with the said Act.
This amendment is crucial to promote good governance and the rule of law. The House must support this amendment as it seeks to promote a vibrant democracy and responsibility amongst individual parties to account for resources they have used in the interests of the developmental state and the poor. Thank you. [Applause.]
Debate concluded.
Question put: That the Report be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.
NATIONAL YOUTH DEVELOPMENT AGENCY BILL
(Consideration of Bill and of Report thereon)
The CHAIRPERSON OF THE NCOP: Before we debate, I would like to recognise the chairperson of the National Youth Commission, Ms Nkondlo, who is seated in the gallery. You are too short, we can’t see you! That’s the chairperson of the National Youth Commission. Thank you, Ms Nkondlo.
The MINISTER IN THE PRESIDENCY: Chairperson, good afternoon everybody, hon members, compatriots, colleagues and comrades seated in the gallery, especially the Chairperson of the National Youth Commission.
Ladies and gentlemen, I am indeed honoured to present to this House the National Youth Development Agency Bill. When we talk about legislation that is meant to impact positively on the lives of our young people, we know that we are talking about our own future. Young people not only represent the future, but are the guardians of the painful legacy of our past.
The pivotal role played by young people in the fight against an unjust system is well recognised all over the world and by our government. As you know, thousands of young people sacrificed their lives, their youth and their education to take on a role that was well beyond their years. Their bravery and courage did much to change the course of our history. We are much indebted to these young men and women because their sacrifices made it possible for all of us to live in a South Africa that is democratic, nonracial and nonsexist.
However, the price these young people had to pay meant that they found themselves at the margins of socioeconomic development in our country. This unacceptable situation has not changed much in postdemocratic South Africa.
Our young citizens, as custodians of our future and guardians of our past, have not benefited much from the fruits of our democratic dispensation. As a result of the history of apartheid, they are confronted with serious challenges. These include, amongst other things, the lack of access to appropriate education; the lack of skills necessary to drive the economy; engagement in risky lifestyles characterised by alcohol, substance abuse and tobacco use; and communicable and noncommunicable diseases, as well as accidents and trauma.
I’m sure I would not be alone in saying that these grave circumstances cannot be condoned. Government firmly believes that our young people are our national assets. They constitute a considerable portion of our population, approximately 40% of the entire population, and are therefore worth investing in in terms of material resources and through capacitating them with relevant skills and training.
For us as government and along with our social partners, youth empowerment is a national priority on our state’s developmental agenda. There needs to be concerted attention and interventions directed at our young citizens by all tiers of government, the business sector, labour and indeed civil society in general.
As such, since the advent of our constitutional democracy, government has, through national development strategies such as Gear and the Joint Initiative for Priority Skills Acquisition, Jipsa, expressed its firm commitment to mitigate the historic marginalisation of youth through developing and enacting policies to advance youth development. These interventions gave rise to the development of the National Youth Commission Act and the National Youth Development Policy Framework of 2002-07.
Furthermore, the key institutions that were established to give practical effect to these policies include the National Youth Commission, provincial youth commissions and the Umsobomvu Youth Fund, as well as civil society formations amalgamated under the SA Youth Council.
Recently, the National Youth Commission successfully advocated the establishment of youth focal points within national and provincial government departments. In addition, backed by the relevant legislative policies, the respective but complementary mandates of these institutions have sought to promote youth development that is holistic and comprehensive. In all, the focus has been to promote the talents and potential of young people; realise their role in fostering a cohesive nonracial, nonsexist democratic society; foster access to quality education, health, skills development and foster employment; and promote their basic human right to sustainable livelihoods.
Through the current institutional arrangements, we can say a lot has been achieved in the sphere of youth development in our country. However, many challenges have been identified in relation to the discrepancies between the mandates, strategic objectives and programmes of the National Youth Commission and the Umsobomvu Youth Fund.
Other hurdles have been the limitations of the National Youth Commission as a policymaking, lobbying and advocacy structure with insufficient financial and human capacity to implement its mandate and the Umsobomvu Youth Fund as an implementation organisation without a policy mandate. These dynamics have now produced unnecessary tension between the two institutions, to the detriment of the benefit to the very people they were set up to serve in the first instance, and that is the youth.
For this reason, I am heartened that the National Youth Development Agency Bill has been adopted by Parliament as of 21 November 2008. I am pleased also that prior to this Bill being accepted, there was wide consultation with relevant stakeholders.
I take this opportunity, therefore, to thank all our partners for facilitating this process. I would like to commend and applaud the Minister of Labour, the National Youth Commission, the Umsobomvu Youth Fund, the National Economic Development and Labour Council and others. The final outcome of this process will see to it that a single, focused agency is formed from the merger of the National Youth Commission and the Umsobomvu Youth Fund.
In actual fact, the National Youth Development Agency aims to consolidate the gains and leverage capacities of these two institutions. We could expect that this merger will sharpen the focus through customised, responsive and relevant youth development interventions. In the process we expect that it will reach out to young people in peri-urban and rural areas as a priority, focusing on the youth who are not in the mainstream of youth development.
I’m convinced that the Bill manages to bridge the gaps which exist, particularly with respect to the activities of the Umsobomvu Youth Fund. It clearly sets out the principles of youth development in South Africa, taking into account the challenges of social and economic exclusion facing thousands of our young citizens. It recognises that youth outside the mainstream, in other words, those youths not at school and without gainful employment, require focused interventions to enhance their chances of participating in the labour market.
It is encouraging that the National Youth Development Agency will report to one executive authority, with Parliament playing an important role. The strategic programmes of the National Youth Development Agency Bill include, amongst other things, contact information and counselling services to build the social capital of youth, thus improving knowledge and access to human capital development and employment opportunities; the National Youth Service Programme to enhance employability through vocational training and work experience gained whilst striving for and providing essential services to our communities; entrepreneurial development support to increase access and participation, including sustainability of self-employment efforts of young people; and micro and small enterprise finance to improve access to affordable finance to start and grow micro and small enterprises.
In this context, product development and access to markets become absolutely critical. The other component is capacity-building to improve the capacity of organisations rendering essential services to youth, especially in the areas of vocational training, facilitation of community service, and business and development support. I believe these programmes will go a long way to ensure seamless, integrated sustainability and responsiveness to the demands and aspirations of young people in our country.
In closing, the youth of our country, including in particular the youth of 1976, were driven in their actions by hope for a brighter and more equitable South Africa. As a democratic government, we too are driven by the hope that this new institution, the National Youth Development Agency, will realise the unlimited potential of our young citizens and by so doing secure a brighter future for South Africa and indeed bring us a step closer to the realisation of long-term, high-impact youth development in our country. Thank you. [Applause.]
Nk N F MAZIBUKO: Ngiyabonga Sihlalo, ngibingelela amalungu kanye noNgqongqoshe osivakashele namuhla. Besengizwile ukuthi nalaphaya egalari akhona amalungu eKhomishani Yentsha.
UNgqongqoshe ubesekuthintile kancanyana ukuthi kuzoba yini umsebenzi wayo i- National Youth Development Agency. Washo nanokuthi ngesiNgisi uma ngingathi nje ukuhumusha wathi … (Translation of isiZulu paragraphs follows.)
[Ms N F MAZIBUKO: Thank you, Chairperson. Hon members and the Minister who is visiting us today, greetings to you all. I have also been told that there are members of the youth commission up there in the gallery.
The Minister has already highlighted what the functions of the National Youth Development Agency would be. He also said, if I can translate that into English …]
… that the Bill will provide for the establishment of the National Youth Development Agency, aimed at creating and promoting co-ordination in youth development matters.
Uye wachaza uNgqongqoshe nanokuthi kuzoba yini umgomo wayo i-agency lena ikakhulukazi … [The Minister also explained what the objectives of the agency would be, more especially …]
… that they will also look at developing an integrated South African youth development plan and strategy.
Izobuka umgomo kanye nayo imisebenzi ye-agency. Kucaca kakhulu ukuthi sizobe sinanebhodi okuyilona elizobe liphethe umsebenzi wayo i-agency. Angizukugxila kakhulu kulokho–ke kepha kancanyana njena ngizothi ukungena enkulumeni yami. Kuyaye kuthiwe uzoyithola kanjani uhlezi ekhoneni! Lokhu kushiwo yintsha yanamuhla. Ibuye isho nokuthi angeke uyithole. Khona lapho futhi kukhona esinye esiphinde sisho sithi ixoxo nexoxo liyazigxumela, alikho eligxumela elinye kodwa thina njengaMalungu ePhalamende siyazama ukugxumela intsha ukuze nayo ikwazi ukuthi ifinyelele kumathuba angcono.
Kuyintokozo kimina namhlanje ukuthi ngethule phambi kweNdlu yoMkhandlu Kazwelonke Wezifundazwe umbiko mayelana nalo Mthethosivinywa ohlongoziwe weNational Youth Development Agency. Ngethemba ukuthi umbiko ogcwele ukhona laphaya kuma-ATC. Amalungu azozifundela wona kahle engajahe lutho ngoba lo mbiko ubhalwe ngesiNgisi angazi noma ubhaliwe yini nangesiBhunu.
Njengosihlalo wekomidi lesikhashana elalibekelwe ukucubungula lo Mthethosivivinywa we-agency, ngibonga amalungu aye abamba iqhaza kwaze kwaba semaphethelweni siwenza lo Mthethosivinywa. Ngithi kubona ningadinwa nangomuso nani seniyobatshela abazukulu benu ukuthi naphucula izimpilo zabo. Ngokusungula le Youth Deveopment Agency senza intsha ukuthi ikwazi ukuzigxumela.
Ukusungulwa kwale agency kusho ukuthi sizobe sivala uMnyango owawubhekene neKhomishani Yentsha kanye nesiKhwama soMsobomvu, konke lonke kuzoba uMnyango owodwa obhekene nezabasha.
Hhayi-ke malungu okuningi okumayelana nale agency njengoba besengishilo ukuthi uNgqongqoshe uke wathi ukukuthinta, mina ngizokushiya kancane ngingene kule ndaba ebalulukile okuvame ukuthi kaningi siyikhohlwe. NgesiNgisi-ke ngizothi … (Translation of isiZulu paragraphs follows.)
[It will look at the objects as well as the functions of the agency. It is, therefore, obvious that we shall have a board that will be responsible for the functioning of the agency. I am not going to dwell on that much, but I shall simply focus on my speech. There is township slang that asks how one is going to get it when one is lazily sitting on the street corner! This is commonly said by today’s youth. And the youth usually answer themselves by saying that one would not get it. Interestingly, there is another popular saying which says “every man for himself, no man for another”, but we, as Members of Parliament, are trying to reach out to the youth so that they can also get better opportunities.
It is a great pleasure for me today to present before the National Council of Provinces the report concerning this proposed Bill, the National Youth Development Agency Bill. I hope that the full report is available in the ATCs. Members will have time to read it at their leisure as this report is written in English. I do not know if it is also available in Afrikaans.
As the chairperson of the ad hoc committee that was designated to consider this Bill, I thank the members who participated throughout the drafting of this Bill. I will forever be grateful to you and you will also have something to tell your grandchildren, namely that you made their lives better. By establishing this National Youth Development Agency, we are encouraging the youth to do things for themselves.
The formation of this agency means that both the National Youth Commission and the Umsobomvu Youth Fund will be merged into a single institution, the National Youth Development Agency that is responsible for youth matters.
Anyway, hon members, most of the things about this agency, as I have previously said, have been mentioned by the Minister, so I will leave them out for now and go deeply into this issue that we frequently forget. In English I would say …]
… let’s take you down memory lane or on the journey that has been travelled by the youth of this country.
Ngesintu siyayesithi geqa izindlebe zakho ulalele sikukhumbuze futhi sikutshele ngomlando wentsha yakuleli lizwe, ukuze kucace ukuthi yingani namuhla nani ningamalungu. Kubalulekile-ke ukuthi niphucule izimpilo zabo, nani ngoba namhlanje nihlezi lapha kule Ndlu yoMkhandlu nje kungenxa yayo intsha. Namhlanje sibuthene kule Ndlu yoMkhandlu simele izifundazwe zethu ngenxa yegazi lezinkulungwane ngezinkulungwane zabantu abasha bakuleli lizwe. Intsha eyayilwela ukuthi mina nawe sikhululeke emakhambandeleni engcindezelo. Namuhla sihlezi lapha eMkhandlwini ngenxa yentsha eyadela izimpilo zayo. Abanye namuhla abaziwa ukuthi bakuphi, abanye babhadla emajele. Phela i-CCB yayingabadlalisi kanye ne-SADF yayiwazonda kakhulu amaqabane.
Kepha intsha yathi ngeke yehlulwe ngamaBhunu. Intsha yazimisela, yabumbana, yawatshela amaBhunu ukuthi azoyikhotha imbenge yomile. Nangempela kwashunqa uthuli. Ngonyaka ka 1976, sonke siyazi ukuthi kwenzekani. Intsha eningi yagcwala imigwaqo, isuka laphaya eMorris Isaacson iholwa ngumufi uTsietsi Mashinini. Yayilwela imfundo ngoba ezemfundo zangaleso sikhathi zazikhiqiza kuphela ama-girl nama-boy awenzelwe abelungu. Sasifundiswa ukuthi sithi “Ja, Baas” noma sithi “Yebo Mesisi”. Yingakho intsha yayifundiswa ulwimi lwesiBhunu, i-Afrikaans.
ISoweto yavutha kakhulu yaba ngamalangabi. Kwakuyinto encane nje ukulotha iBhunu, lalazi nalo ukuthi alingeni eSoweto. Konke lokhu kwakubangelwa yintukuthelo intsha eyayinayo. Abanye bethu bagcina ngaleso sikhathi ezikoleni kwase kufika nokuthi sithi: “pass one, pass all” kodwa futhi sasiphumelela kanjalo sonke.
Akugcinanga lapho. Nangeminyaka yawo-1980, intsha yaqhubeka yabamba iqhaza yanisela sona lesi sihlahla senkululeko. Beyithi uma kuthiwa azikhwela, intsha beyiqiniseka ukuthi awekho amagundane anyonyobayo aya emsebenzini. Uma kuthiwa yi-black Christmas, hawu labo abangenazo izindlebe bebewotha ubomvu futhi bephuziswa ne-sta-soft.
Siyazi sonke ukuthi amaBhunu abeyisa kangangokuthi ebiza omama bethu ngoJane laphaya emakhishini, bebiza obaba bethu ukuthi ngopikinini ngoba nakhu besebenza ezingadini. Bengakhulumi nakahle nabo ngenxa yokuthi abazali bethu bebengafundile bebekhulunyiswa isifanakalo. Kepha intsha yashaya phansi ngonyawo yathi izolwela ukuthi ithole imfundo engcono ukuze ikwazi ukuphucula izimpilo zayo.
Emva kwalokho intsha yazabalaza kakhulu. Yaphiwa amagama kwathiwa ngo-lost generation. [Ubuwelewele.] (Translation of isiZulu paragraphs follows.)
[In Zulu we say: scrape your ears clean and listen carefully while I remind you and tell you the history of the youth of this country. This will also give you a clear picture as to how you became Members of Parliament. It is therefore important for you to make the lives of the youth better because you are sitting here in the NCOP today because of them.
Today we are gathered here in this Council representing our provinces because of the blood that was shed by thousands and thousands of the youth of this country; the youth who fought for me and you to be emancipated from oppression. Today we are sitting here in the Council because of the youth that sacrificed their lives. Some of them have never been accounted for till today, some of them are languishing in prisons. Lest we forget, the Civil Co-operation Bureau, CCB, and the then South African Defence Force, SADF, showed no mercy to them and hated comrades a lot.
But the youth was defiant and said they would never be defeated by the Afrikaners. The youth meant business; they came together and told the Afrikaners straight away that they - the Afrikaners - would face the consequences. And they stamped their authority indeed. We all know what happened in 1976. Most of the youth bravely took to the streets, marching from the Morris Isaacson High School led by the late Tsietsi Mashinini. The youth were fighting for education because the education of the time was aimed at producing garden boys and kitchen girls for the whites. We were indoctrinated to say, “Ja, Baas” [Yes, Master] or “Yes, Madam”. That is why the youth were taught Afrikaans.
Soweto was on fire. Setting an Afrikaner alight was not a big issue. The Afrikaners themselves also knew very well that they were not welcome in Soweto. And all this was caused by the anger and hatred of the youth. Sadly, some of us went to school for the last time during those times and the practice of “pass one, pass all” was introduced. And some of us made it through the “pass one, pass all” practice.
It did not end there. During the 1980s youth continued to participate in the struggle and nourished this tree of liberation. Each time there would be a bus boycott, the youth would ensure that there were no sell-outs sneaking out to work. When we had what we termed a black Christmas, those who did not want to listen faced the wrath of the people and they were even forced to drink Sta-soft.
We all know how contemptuous the Afrikaners were. They called our mothers – who worked for them in the kitchens - names such as Jane and our fathers “piccaninnies” because they worked for them as garden boys. They did not even talk properly with our parents because our parents were illiterate and they spoke improper Zulu, Fanakalo, with them. But the youth defied all the odds and said, never! The youth said that they would fight for a better education so that they could better their lives.
From that time the youth participated in the struggle more. They were then called names such as the lost generation. [Interjections.]]
The CHAIRPERSON OF THE NCOP: Order! Hon Watson.
Mr A WATSON: Chairperson, on a point of order: Is it parliamentary for the member to speak in derogatory language and use the podium to attack the Afrikaners of this country when addressing such a very important subject? The CHAIRPERSON OF THE NCOP: No, I don’t think she was attacking anybody. She has been referring to the history of what happened to the young people during those days. I don’t think that she’s out of order.
Mr A WATSON: Chair, she kept on referring to the Afrikaners. Now, can you please check Hansard if you have time.
The CHAIRPERSON OF THE NCOP: I don’t think that she’s out of order, Mr Watson. The hon member may continue.
Nk N F MAZIBUKO: Hayi-ke Sihlalo ngiyabonga. Intsha yaqhubeka yaphiwa amagama kwathiwa ngo-lost generation, kwasuka lapho kwathiwa ingo-Boom Shaka beqanjwa emva kwaleliya qembu lomculo. Konke lokhu kungenxa yezigigaba zonke intsha edlule kuzo lapha eNingizimu Afrika. Kwintsha ekhule ngemuva kokhetho luka 1994, uhulumeni wentando yeningi wenza imithetho ukuze kuhlonyiswe iKhomishani Yentsha, kanye noMsobomvu ukuze amaqhinga amaningi eyayinawo iwasebenzise. Manje-ke sesiyihlomisa nge- National Youth Development Agency.
Okubi-ke nje ukuthi ngikhuluma ngaphambi kokuba laba abanye bamaqenjane bakhulume - ngoba phela siyabazi nathi laba a bayichamela uma ngabe imile, beyikhonkothe uma ihamba. Kungenjalo ngabe siyakwazi ukubatshela okuningi. Kodwa-ke uma sengiphetha, ubaba owayengumholi we-ANC, ubaba u O.R.Tambo washo lawa mazwi wathi: ”A country that does not honour its youth does not deserve its future.”
Masikhumbuze intsha ukuthi ikusasa ngelayo. Kubalulekile ukuthi ilivikele futhi ibambe iqhaza ekuvikeleni inkululeko esayithola kanzima lapha eNingizimu Afrika, ngemuva kweminyaka eminingi ogogo kanye nokhokho bethu bephila baze bayophumula bengazange babe nethuba lokuvota. Babengazi ukuthi kuvotwa kanjani nanokuthi kuyilungelo lokhu kwakuyilungelo labo.
Amahhovisi omasipala ahlala evuliwe mihla yonke le ukuze intsha ikwazi ukuzibhalisela. Laba abanomazisi bayanxuswa ukuthi basondele emahhovisi omasipala bayozibhalisa. Siyikhumbuze futhi intsha ukuthi ngomhla ziyi-8 kanye nomhla ziyi-9 kuFebhuwari 2009, izikhungo zokuvota zizobe zivuliwe ngakho-ke ayiye ngobuningi bayo iyobhalisa ukuze ikwazi ukuvota ngosuku lokhetho. Ngiyikhumbuze-ke intsha nanokuthi ukuvota yilungelo layo kanti futhi ukuthi ivotela bani kuyimfihlo yayo.
Kepha alikho icala uma ngiyikhuthaza intsha ukuthi ivotele inhlangano okuyiyona endala lapha eNingizimu Afrika, umbutho wobaba uLuthuli, oTambo, oDube, omama uLilian Ngoyi, omama uCharlotte Maxeke kanye nomama u-Ida Mntwana. Hhayi, phela kungashona ilanga uma ngingawabala onke amaqhawe namaqhawekazi omzabalazo.
Namuhla-ke siyazi sonke ukuthi usuholwa ngubani lo mbutho. Phela usuholwa nguyena uMsholozi! uNxamalala! Ngisho umbutho kaKhongolose hhayi nanoma yimuphi kepha ngisho i-ANC uma ngabe abantu bedideka. Uma intsha ihlezi mayikhuzele yazi ukuthi uKhongolose uyi-vision and the future of South Africa. Ngiyabonga niwudle kahle uKhisimusi. (Translation of isiZulu paragraphs follows.)
[Ms N F MAZIBUKO: Well, thank you, Chairperson. The youth continued to be called names such as the lost generation, after which they were called Boom Shaka, after that kwaito music group called Boom Shaka. And all this as a result of incidents that the youth experienced here in South Africa. For the youth growing up after 1994, the democratic government enacted laws to develop the National Youth Commission and the Umsobomvu Youth Fund so that the youth could use the many ideas that they had. And now, we are developing this National Youth Development Agency.
I am unfortunately speaking before these smaller parties, and we all know that they are notorious for urinating on a stationary vehicle and barking at it when it’s moving. And if it was not for their notoriety, we would tell them many things, but anyway let me conclude by quoting Comrade O R Tambo who once said: “A country that does not honour its youth does not deserve its future.”
Let us remind the youth that the future is theirs. It is therefore important that they protect it and participate in securing the freedom that we achieved through hard-earned struggle here in South Africa. It came after many years of struggle by our grandparents and forefathers who were laid to rest without achieving the right to vote. They did not know how to vote, neither were they aware that voting was their right.
The municipal offices are always open for the youth to come and register. Those who have identity documents are urged to go and register at the municipal offices. We also want to remind the youth that the voting stations will be open on 8 and 9 February 2009 for them to register. So they must go out in numbers to register to be able to vote when election day comes. I also want to remind them that it is their right to vote, but as to who they vote for, that remains confidential.
But there is no offence in encouraging them to vote for the oldest political party here in South Africa, the movement of Comrade Luthuli, Tambo, Dube, Comrade Lilian Ngoyi, Charlotte Maxeke and Comrade Ida Mntwana. Well, the list is endless and it could take me the whole day to name all the heroes and heroines of the struggle.
And today we all know who is leading this movement. It is led by Msholozi! Nxamalala himself! Here I am referring to the movement, the ANC, and not just any other movement but the ANC, just in case some people get confused. The youth must know and understand that the ANC is the vision and the future of South Africa. Thank you, and have a Merry Christmas.]
Mr A WATSON: Chairperson, hon Minister, hon members, colleagues, I don’t normally take part in a debate if I have not been fully part of the deliberations and the meetings that preceded the tabling of a Bill.
Unfortunately this Bill came in a bit of a rush when it was introduced to us in the Eastern Cape on the evening of 4 November, barely three weeks ago. I’ve been convinced by my party spokesperson, the youthful Mr Swathe, that I should stand here and support this Bill, because of the very great importance of the Bill to the youth of our country.
Therefore, I apologise that the meetings that were held, were held at the same time that other important meetings of our select committees and other bodies took place, and I couldn’t meet the obligations as I intended. But I’ve gone through the Bill, I’ve had a look at all the documentation on it, I know sufficient public hearings were held and I therefore stand here to actually support the Bill.
When referring to the Bill as such, may I remind the previous speaker that the National Youth Development Agency is an agency for all the youth, also for the Afrikaners, whom she seems to hate so fervently. She must never forget that we are one nation and we will be one nation, whether she likes it or not. [Interjections.] There is a place for everyone in this country. That is us: One future, one nation; one nation, one future.
I mentioned the speed with which the Bill was passed and I don’t think it should go unnoticed that we are in such a hurry that we actually had to suspend three Rules of Parliament this morning to get it passed. I will say again that I am convinced that it’s so important that we must pass the Bill before we go into recess. [Interjections.] I am not complaining, I am not even talking to you, so please keep quiet. [Laughter.] Some members just don’t know their place in this establishment, and they never will. [Interjections.]
I have also found that this Bill was passed with so much speed that, while it collapses the Umsobomvu Fund and the National Youth Commission, I still found an advert for Umsobomvu on my table this morning. So maybe they should also catch up with the fact that when we pass this Bill today the fund actually will not exist anymore. I also see that we’re in such a hurry that on the speakers’ list we’ve already appointed the hon Mazibuko as the chairperson of the youth agency – congratulations on that appointment. I don’t know who made it, but congratulations nonetheless. [Laughter.]
Thirdly, may I say to the hon Minister, who a couple of minutes ago said she was so pleased when Parliament passed the Bill on 21 November, I have news for you, Minister; the Bill will only be passed when this House passes it and not when the NA passed it on 21 November. In that light, I pledge my support and that of my party for the Bill. I thank you. [Applause.]
The CHAIRPERSON OF THE NCOP: I think something is wrong on the speakers’ list. Hon Mazibuko is not the chairperson of the National Youth Development Agency but, I think, of an ad hoc committee. Let that be corrected, please.
Ms A N T MCHUNU: Chairperson, the IFP fully supports the decision to repeal the National Youth Commission Act and to disband the Umsobomvu Youth Fund. Both institutions did not perform well in their mandates, so dissolving them is a good political move. Most of the young people have not benefited much from these two institutions.
Education is the basis for development and achievement, and presently the type of education we have does not serve urban or rural youths who come from poor homes where they have no access to IT. It’s through education also that the youth can learn about the prevention of various diseases, for example, HIV and TB, and about drug abuse and the promotion of health.
However, despite these serious shortcomings, a huge segment of the South African youth is extremely passionate and ready to get involved in issues of youth development and economic development in general. The agency must ensure that young people have enough information about the institution which is being proposed now. A good example of communicating with the youth existed in the erstwhile KwaZulu-Natal government, as the youth was at the forefront of development through the Bureau of Community Development and the Emandleni Youth Camp that trained youth from poor backgrounds and school dropouts in various skills. [Interjections.]
Experience has shown that consultation with young people is vital if they are to be encouraged to participate in initiatives that can benefit them, so policy formulation may not be a problem if the policy can be implemented.
As a matter of principle, the IFP and its youth section, the IFP Youth Brigade, have been advocating an institution that will go beyond just merging the National Youth Commission and the Umsobomvu Youth Fund, but which would give fresh impetus to youth development and, above all, its implementation.
From as far back as 2003 the youth have been calling for a fully fledged and well-resourced youth Ministry to implement youth development programmes and take responsibility for all youth affairs. The youth need to be trusted and given a separate Ministry that will take charge of youth development. A bottom-up approach should have been used, outlining the agency’s activities at local, provincial and national levels.
The IFP maintains that the success of this legislation will rest on how the proposed agency relates to young people and how it interacts with parents and their families - that is to say, the youth do not grow on trees. The contribution of the youth to the economy will also depend on how the entire government responds to the current economic crises, with an emphasis on education and developmental training in the whole country. The Bill is supported, but the comments made must be noted.
Mr R J TAU: Hon Chairperson, whatever the hon Watson said does not deserve any engagement, precisely because I doubt if he read the submission of the DA youth during public hearings, and so forth. What he said here, to me, comes as a total departure from what the DA youth was arguing about, in relation to that. [Interjections.]
Hon Chairperson, hon Minister and comrades, for some time now in this august House, we as members have been grappling with the question of youth unemployment, development and poverty. Year in and year out, during the debates that normally mark the celebration of Youth Month and for a very long time, during the policy and Budget Vote debates, we have been raising the question of youth development. Consistently, in line with the ANC policy positions on the youth, we have been saying that, as a stratum and a pillar of our society, there is no way that we could guarantee the future of our country if we do not align government policies to respond to the needs of young people. Therefore, we are noting that today marks a historic development in the lives of young people in this country.
Previously, many programmes and institutions were created in order to respond to the needs of young people in our country - of course, we have intentions. We have come to realise that, without proper co-ordination and determination to implement these programmes, sometimes very little gets achieved.
For some time we have observed a very bad phenomenon crippling young people, in that youth development was always associated with a blatant display of wealth, elitism and a high level of consumerism. Young people were made to believe that in order for them to be seen as successful, they need to be posh with total and absolute disregard for society as opposed to the overall development and contribution to society in general.
The Bill before us today provides, albeit not totally, a departure from the disintegrated programmes of youth development. It presents hope for young people in the rural areas who, not by choice, were unable to access services aimed at improving their lives. It is through this piece of legislation that we are going to see young people taking control of their own destiny.
Of critical importance in the Bill is the fact that there is a shift from the selfish outlook that young people of our country were exposed to. Not only is the Bill going to put in place systems that will be seen as advocacy institutions for young people, but at last the young people of Groblershoop will have an opportunity to engage directly with institutions that will relate to their needs at a contact level, because what the Bill also seeks to do is to ensure that there is contact and that at provincial level, there is a level of co-ordination and interaction.
It is a well-known fact that a strategic sector within our society, our young people, have been at the receiving end of most of the ills in our society. It is a fact that most of the people who are being abused by ruthless farmers are young farmworkers. The majority of them are denied a quality education or entry to universities. As a result, those who are subjected to poverty and unemployment are working-class young people.
As much as the 15-year review document released by the President reported that there was a significant reduction in the prevalence of HIV infection amongst those younger than 20 years, we know that the majority who remain infected are young people in the rural areas who find it difficult to access health services. It is a fact that the majority of those who are denied access to programmes geared at agrarian reform are young people who live in the remote rural areas of our country.
At the moment we have noted turbulence in the world economy. Much as we are told that the South African economy is capable of absorbing the pressure that comes with this turbulence, equally, we are told that some key sectors such as the automobile, banking and mining sectors are going to shed some jobs. There is no doubt that the people or strata that are going to bear the brunt of all these developments are young people once more. Thus it is important that in all respects the youth development agency should position itself to play the strategic role of ensuring that the young people of this country are not neglected.
It is important that, as Parliament, we remind those who would be responsible for the implementation of the Bill not to tell us that it is only limited to policy advocacy. For a very long time in this august House we have been calling for the establishment and support of co-operatives, particularly for young people, whether it be by the Department of Agriculture through its agrarian reform programmes, the Department of Public Works through the Expanded Public Works Programme, EPWP, or the youth service. One consistent response we keep getting is the fact that co- ops were not catered for by law, and therefore there was no basis for them to be implemented or budgeted for. Now we are going to have the development agency, which, according to the Bill that we are presenting today, identifies the development and the support of youth co-ops as one of its core businesses. It is through such legislation that we will be able to take forward the call by the president of the ANC Youth League when he recently called upon young people to respect the cultural and value systems we were brought up to believe in and understand.
In fact, his call to young people is a reaffirmation of the belief of the ANC in the Freedom Charter in its totality and not selectively. In fact, some people need to be told that the overall thrust of the Freedom Charter is respect for human dignity. Whether one refers to a clause that speaks on education, governance, respect for the rule of law, accessibility to land and wealth in our country, or peace and friendship and so forth, all make reference to respect for human dignity.
Therefore, it would be naive to select only two to make a point, claiming ownership of the Freedom Charter, hence the correctness of the president of the ANC Youth League to call upon young people to observe setho le botho [humaneness and kindness].
May I conclude by stating that, as the ANC, our aim is the creation of work and to fight against poverty. We aim to move beyond the foundations as laid down in the Freedom Charter and whatever documents we had before the Ready to Govern programme and the Reconstruction and Development Programme. It is during times like these that our target … [Time expired.]
The CHAIRPERSON OF THE NCOP: Hon member, your speaking time has expired. Just finish your sentence.
Mr R J TAU: It is during times like these that our target of reducing poverty among young people requires us to set up our systems in such a way that these agencies live up to expectations and ensure that young people, and in particular young rural women, are catered for and are well protected against abuse, unemployment and poverty. I thank you. [Applause.]
The MINISTER IN THE PRESIDENCY: Sihlalo, namalungu ahloniphekile … [Greetings, Chairperson, as well as the hon members …]
… as I stand to respond, I would like to thank all the hon members who participated in this historic debate that was on the establishment of the National Youth Development Agency. Thank you very much to all of you for supporting the Bill.
I would also like to thank all those who assisted us in ensuring that we are where we are - finalising this debate on the Bill. I am sure all of us are now very ready for its implementation.
Sihlalo wekomidi, ngiyabonga kakhulu ukuthi usikhumbuze umlando wethu womzabalazo ikakhulukazi ukusikhumbuza ngeqhaza elikade libanjwe abantu abasha emzabalazweni. (Translation of isiZulu paragraph follows.)
[Chairperson of the committee, thank you very much for reminding us about the history of our political struggle, especially with regard to the role that was played by the youth in the struggle.]
Hon Watson, I noted your response to the chairperson. But I would like to say that this is our history - the reality of who we are, where we come from and what our aspirations are as a nation towards nationhood. I would also like to thank you for confirming our nationhood as South Africans. All of us would like to see a united nation. Thank you very much.
Allow me to also thank you for reminding me about parliamentary processes. Yes, the Bill is here before this House for concurrence. Thank you very much for reminding me. It was very kind of you.
Chairperson, let me just say a few words before I sit down. Ms Mchunu, of course it is true that for the National Youth Development Agency to succeed all social partners are expected to play a role: families, communities and all South Africans, especially those holding positions of power in parastatals, training institutions, religious organisations, organised labour and community development institutions, as well as those in the private sector. So, all of us are expected to play a role to ensure that this agency succeeds.
Just before I sit down, let me take this opportunity to thank the young people for having come out in their numbers to register to vote and to also remind them that there is still another opportunity that has been earmarked for registration. But they can still continue to register even before February.
I would like to make just two announcements. Firstly, from the 17th to the 19th of next month, we will hold a youth indaba, where we intend, yet again, to speak on the National Youth Policy. We will also profile the work that has been done by the National Youth Service. I am convinced that soon thereafter we will release the National Youth Policy for public comment so that we can work on a document that has been widely consulted upon as it is the nature of this government to do so in its operations.
Before I sit down, may I wish all of you a merry Christmas and a happy New Year. Don’t drink and drive. Live healthy lifestyles. I hope to see you next year. Thank you very much. [Applause.]
Debate concluded.
Bill agreed to in accordance with section 75 of the Constitution.
FAREWELL SPEECHES
The CHIEF WHIP OF THE NCOP: Chairperson of the NCOP, hon M J Mahlangu; Deputy Chairperson of the NCOP, hon Peggy Hollander; House Chairpersons, Mrs Oliphant and Mr Setona; hon members and comrades from the ANC, this year was a momentous one and one of the busiest for our hon members and committees. The number of Bills passed by Parliament and the various oversight activities of our committees truly attest to the hard work of our hon members.
We have seen the conclusion of the first round of our programme of Taking Parliament to the People as we visited the people of Lady Frere, Chris Hani District in the Eastern Cape, possibly the last province in this term of Parliament since the launch of the programme of Taking Parliament to the People in 2002.
Therefore, I wish to pay tribute to all the people who contributed to the efficient functioning of this august House. In the first instance, I acknowledge the principled support and outstanding leadership of the Chairperson of the NCOP, hon Mahlangu, and the presiding officers, the deputy chairperson and the two House Chairpersons. I know that I can state without fear of contradiction that your firm but fair leadership during plenaries was the guiding light to all political parties and it deserves our gratitude.
As the Chief Whip of the Council, I wish to thank all the provincial Whips and the multiparty Whips for their leadership, co-operation and contributions. In that respect I hasten to acknowledge the role played by my predecessor, the hon Windvoël, in constructing a strong foundation for the functioning of the Whippery in our Council.
I would like to take this opportunity to also acknowledge the parliamentary staff and the service staff for their professional and administrative skills in servicing the Table of the House. They make life easy and convenient for us by providing interpreting services during debates; compiling Hansard; processing legislation, questions and motions; and serving the various committees.
Hon Chairperson, I have no doubt that many of us here share my sentiments that we surely have a team to be proud of in the NCOP. Therefore, they deserve a special word of appreciation for their individual and collective contributions towards the success of our various programmes.
I firmly believe that through our collective efforts we have contributed to the creation of a better world, and that we, as members of this august institution, the Parliament of the Republic of South Africa, changed thousands of lives for the better. Each one of us made a direct difference in some or other way in the lives of the people of South Africa.
I am presumptuous enough to think that, with our efforts to create a better life for all the people of South Africa, we are performing a crucial function in an ever-changing and demanding world. Many of you have never sought to be more important than our country and the lives of those we serve. You have managed to accomplish your civil duties and constitutional mandate with dedication, zeal and commitment.
Looking back, we all realise that this was a demanding year. Parliament asks a lot of you and no matter how much you do, there is always more that needs to be done. And I must tell you there are still more Bills coming.
So, at the close of this year, I want to thank each of the hon members for giving of their talent and dedication and especially for making this House a family of communities.
I know that when we started here in 2004, we used to fight a lot. I am telling you, if you look back and note how we behaved during those days, we are now completely different from those people who did not know each other and were really at each other’s throats. We all are behaving like human beings now!
As members of opposite parties, we would obviously try to negotiate the most for our own constituencies. However, we are still compatriots and fellow South Africans - a shared distinction which I value highly. It is the support and understanding that we give each other that help us through the long hours, the challenging tasks and the tough days. I sincerely thank you for that.
From the office of the Chief Whip, I know that we have focused all the powers from the team’s combined strengths and skills that we possess and seized every opportunity to co-operate with hon members of this House who put the national interests ahead of partisanship. I therefore thank my own staff members for their unwavering support and dedication – and I truly mean that.
As we now say goodbye at this our last sitting of the year - of course, there are about two plenaries next year, hon members – and as we go out to spend a well-deserved period of rest with our families, I wish all our members and staff a very happy festive season. And for the ANC members who are residing in the Western Cape, let us win all these by-elections in order to win the province next year. May the Good Lord bless you until we meet again. Thank you, Chair. [Applause.]
Mr A WATSON: Chairperson, let me start by saying that I am honoured to be able to stand here in good health and in high spirits, participating in the debate on this topic for the fifth consecutive year. We are, indeed, all very blessed to be here and I wish to pay tribute to the Almighty for this and all the manifold blessings we receive daily, sometimes without noticing or realising it. The year behind us was filled with many highs and lows and I cannot think of a single dull moment. So, I wish to extend my sincere thanks to all of you for the part you played in making our plenaries and committee meetings vibrant and interesting – unlike the times of the previous Parliaments, which, I am told, were sometimes pretty dull and subdued.
I have prepared a festive message for many of you, as individuals and groups, but I thought I had six minutes. Now I see the Chief Whip took ten, so we only get two, but I will try to leave my nice message for all of you in two minutes by cutting out some of the things - unfortunately.
To you, Chairperson, I hope you’ve found the farm that you’ve been dreaming of. And, perhaps, as we are at the end of the year, it is a good time for you to contemplate ways of sharing all those distinctive parliamentary blazers, like the one you have been wearing lately in our plenaries, with the rest of our delegates so that we can also look smart in parliamentary blazers.
Our Deputy Chair, hon Peggy Hollander, I hope you have time to visit all those nine provinces that you speak of so often.
I have messages for the Chair, Chief Whip and everybody else, especially for the ANC, which is that I hope they will be able to cope next year! [Interjections.] The most important message must go to my colleagues for their wonderful support. In all seriousness, I wish you and all our delegates and colleagues the very best during the festive season and in the year ahead. May that wonderful message of Christmas that we all believe in find its way into your hearts and your homes, and into the hearts and homes of all your loved ones. I thank you. [Applause.]
Ms A N T MCHUNU: Chairperson, today, as members of the NCOP, we lift our heads high in appreciation of the honour and privilege we have been given by God Almighty to serve our fellow Africans in whatever way He deemed fit. To Him we give praise and glory.
My personal thanks and that of my family go to the leader of my party, His Excellency Dr M G Buthelezi, who has been the gateway to the platform which I’m occupying now. He is a leader that can be trusted. I wouldn’t be here had it not been for him.
On behalf of the IFP, great appreciation is extended to the hon Chairperson of the House, the hon Mr M J Mahlangu, who has been a father to us all in this House and unified us in diversity; the presiding officers who worked with the hon Mr Mahlangu, the hon P M Hollander, Deputy Chairperson of the NCOP; hon Mrs M N Oliphant, House Chairperson: Committees; hon T S Setona, House Chairperson: Oversight; the former Chief Whip, hon V V Z Windvoël; the Chief Whip of the House, hon Ms N D Ntwanambi, and all hon members in this House and our staff.
The tasks performed by this House were not easy, but we tolerated each other in the service of our countrymen, countrywomen and our children. A lot more needs to be done to correct our failures – whether they were planned or unplanned - or celebrate our successes - where such existed. But these things are to be done with humility and honesty if we are to succeed in what we do.
Our country and the whole world face the challenge of a downward spiralling economy, worsening the abject poverty and hunger that we face. Achieving the Millennium Development Goals is going to be an uphill battle that calls for hard work, walking the extra mile in whatever we do and, still, humility, honesty and co-operation in serving our people are needed.
May all the hon members and their families enjoy the festive season between their busy schedules. To those who are Christians, may they enjoy a happy Christmas and celebrate the birth of our Lord Jesus Christ. To all of us, may we have a prosperous New Year and prepare for a vigorous campaign towards elections. I thank you. May God bless you.
Dr F J VAN HEERDEN: Baie dankie, mnr die Voorsitter. Dit was ‘n jaar van groot verwikkelinge op die politieke terrein, op die ekonomiese terrain, en, soos dit in die politiek maar gebeur, was daar op sommige terreine beter samewerking.
Daar was ook terreine waarop ons van mekaar verskil het as kollegas. Ek het nêrens bitsigheid ervaar wanneer ons met ons kollegas van ander partye verskil het nie. Daar was wel skerp verskille, maar geen bitsigheid nie. Daar is ‘n groot mate van kollegialiteit in hierdie Huis en ‘n mens waardeer dit werklik. Dit was ‘n aangename jaar gewees. Dit was lekker om saam te werk, Voorsitter. Ons gaan ‘n baie veeleisende tydperk tegemoet. Van ons gaan na die verkiesing terugkom en ander gaan nie.
Hier is ‘n groep wat wel gaan terugkom, en dit is die amptenare en die personeel. Hulle gaan terugkom en vir hulle moet ons baie dankie sê vir wat hulle doen. Hul lojaliteit lê grootliks by die instansie van die Parlement en ons is dankbaar teenoor hulle. Hier is ‘n instansie hier anderkant wat ek pas ook by was, naamlik die biblioteek. Ek maak baie gebruik van die biblioteek en ek kry baie goeie samewerking en hulp van hulle. Van my kant af wil ek hulle ook bedank vir dit wat hulle doen.
Daar lê ‘n baie aangename tyd vir ons voor en ek wens u en al u kollegas ‘n baie aangename tyd toe. Laat ons ook in hierdie tyd van welbehae dink aan die baie ander mense wat nie die voorregte het wat ons het nie. Baie dankie vir ‘n aangename jaar en goeie wense vir u almal. Dankie. [Applous.] (Translation of Afrikaans speech follows.) [Dr F J VAN HEERDEN: Thank you, Mr Chairperson. It’s been a year of significant complications in the political sphere, in the economic sphere and, as is bound to happen in politics, in some spheres there was better co- operation.
There were also areas in which we differed with one another as colleagues. I never experienced any acrimony when we differed with our colleagues from other parties. There were indeed acute differences, but no acrimony. There is a great degree of collegiality in this House and one really appreciates that. It has been a pleasant year. It was nice to work together, Chairperson. We are heading for a very demanding period. After the elections some of us will be returning, and others not.
There is a group which will be returning and they are the officials and the staff. They will return and we must thank them very much for everything they do. Their loyalty lies mainly with the institution of Parliament and we are grateful to them. A service is rendered right here, and I was there just now, namely the library. I use the library a lot and I receive very good co-operation and assistance from them. From my side I also want to thank them for what they are doing.
A pleasant time lies ahead of us and I wish you and your colleagues a very good time. Let us, in this time of goodwill, also remember the many others who do not enjoy our privileges. Thank you for a pleasant year and good wishes to you all. Thank you. [Applause.]]
The CHAIRPERSON OF THE NCOP: Thank you, Dr Van Heerden. On behalf of the presiding officers, may I join the parties to say we thank you all. You’ve been a wonderful team to work with in this Third Parliament. As you go into the festive season, as the Minister indicated earlier, enjoy your Christmas and spend time with your families. You have been missing them, I know. We have enjoyed working with you and you’ve been a lovely team.
Minister, particularly to you, I also want to thank you. Some people may criticise me but it is fine, I can put my head on the block for that. You are the one Minister who has never missed the activities of the NCOP. [Applause.] And I must congratulate you on that.
I remember a time when I forgot to invite you to Taking Parliament to the People. I received hot beans from you! [Laughter.] You just wrote a letter to me asking me why I didn’t invite you. However, the keen interest you’ve shown in this House motivates us all. Therefore, we wish to thank you very much. You set a very good example and, as the members of the NCOP, we really appreciate that.
yesterday I was giving gifts to all members at the dinner yesterday and some of them couldn’t be there. I will still give you your gifts even if you did not attend the dinner. Those who did not get their gifts should remain in the House after adjournment; the staff will give them their gifts, but we are not going to post it to you. Thank you very much, and enjoy going home.
The Council adjourned at 15:15. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
THURSDAY, 20 NOVEMBER 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 Assembly on 20 November 2008:
a) Provision of Land and Assistance Amendment Bill [B 40D – 2008]
(National Assembly – sec 75).
b) National Prosecuting Authority Amendment Bill [B 23D – 2008]
(National Assembly – sec 75).
c) South African Police Service Amendment Bill [B 30D – 2008]
(National Assembly – sec 75).
- Introduction of Bill
(1) The Ad Hoc Committee on National Youth Development Agency Bill
a) National Youth Development Agency Bill [B 82 – 2008] (National
Assembly – proposed sec 75) [Draft Bill and memorandum setting
out its objects published in Government Gazette No 31530 of
24 October 2008.]
Bill initiated by the Ad Hoc Committee on National Youth
Development Agency Bill of the National Assembly, and referred
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.
TABLINGS National Council of Provinces
-
The Chairperson
a) Explanatory Memorandum to the Draft Volunteer Regulations, in terms of the Disaster Management Act, 2002 (Act No 57 of 2002).
Referred to the Select Committee on Local Government and Administration for consideration and report. FRIDAY, 21 NOVEMBER 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 Assembly on 21 November 2008:
a) Criminal Procedure Amendment Bill [B 42D – 2008] (National
Assembly – sec 75).
b) Mine Health and Safety Amendment Bill [B 54D – 2008] (National
Assembly – sec 75).
c) National Radioactive Waste Disposal Institute Bill [B 41D –
2008] (National Assembly – sec 75).
d) Mineral and Petroleum Resources Development Amendment Bill [B
10F – 2007] (National Assembly – sec 75).
e) Regulation of Interception of Communications and Provision of
Communication-related Information Amendment Bill [B 9D – 2006]
(National Assembly – sec 75).
- Classification of Bills by Joint Tagging Mechanism (JTM)
(1) The JTM in terms of Joint Rule 160(6) classified the following
Bill as a section 75 Bill:
(a) National Youth Development Agency Bill [B 82 – 2008]
(National Assembly – sec 75)
National Council of Provinces
The Chairperson
-
Message from National Assembly to National Council of Provinces in respect of Bills passed by Assembly and transmitted to Council (1) Bill passed by National Assembly and transmitted for concurrence on 21 November 2008:
(a) National Youth Development Agency Bill [B 82 – 2008] (National Assembly – sec 75).
The Bill has been referred to the Ad Hoc Committee on National Youth Development Agency Bill of the National Council of Provinces.
TABLINGS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Report of the 2008 People’s Assembly.
CREDA INSERT - T081121e-insert1 – PAGE 2330
A. BACKGROUND AND INTRODUCTION
- Background
The concept of the People’s Assembly may be found in the ideals contained in the Constitution of the Republic of South Africa that positions our democracy as both representative and participatory. Accordingly, our system of government is based on the principles of the people’s representatives whose responsibility is to act in the people’s interest and the participation of the people in the process of decision making and broadening the range of people who have access to opportunities for such participation.
The People’s Assembly, in pursuance of the ideals of the Constitution, provides a vehicle that brings the people and their representatives together to debate challenges facing them. It provides a voice for the people to express themselves and to participate in seeking solutions to their challenges.
The People’s Assembly is also a fitting response to a commitment to build an effective People’s Parliament that is responsive to the needs of the people and that is driven by the ideal of realising a better quality of life for all the people of South Africa.
To realise its commitment of being a Parliament that is responsive to the needs of the People, Parliament has, since 2004, been coming together with ordinary South Africans in the People’s Assemblies.
The People’s Assembly is a national event hosted by Parliament in one of the provinces. Participants in the Peoples’ Assembly are drawn from different provinces, the local municipality and members of Parliament and converge at the national event in the hosting province to deliberate on different topics. The results of the deliberations are presented and discussed in plenary where members of the Executive are invited to respond to questions and comments.
The provincial legislatures, including the provincial legislature of the province in which the People’s Assembly is hosted, hold parallel provincial assemblies at the same time as the People’s Assembly. Participants at the provincial assemblies join the People’s Assembly via satellite link and participate in the discussions by making inputs and comments or by asking questions.
- Introduction
This is the fifth People’s Assembly to be held by the Third Parliament. The first People’s Assembly was held in Parliament in October 2004, and celebrated the 10th anniversary of our democracy and the adoption of the Constitution in 1996. The second People’s Assembly was held in Kliptown, Soweto, in 2005 to mark the 50th anniversary of the Congress of the People under the theme: “People’s Voices: Shaping the Future”. The third People’s Assembly was held in 2006 in Oudtshoorn under the theme: “all shall have equal rights” and provided an opportunity to review equality legislation passed by Parliament.
The fourth People’s Assembly was held in 2007 at Mbizana, Eastern Cape under the theme: “Masijule ngengxoxo Mzansi “. The occasion was also used to commemorate the life of O R Tambo by unveiling a plaque at his birthplace, Nkantolo.
The 2008 People’s Assembly was held in Bushbuckridge, Mpumalanga Province. Each province was represented by 15 participants. 136 participants were drawn from the wards of the Bushbuckridge municipality. About 150 members of Parliament also participated.
This year’s theme was “Parliament empowering communities for poverty eradication” and was discussed in three separate commissions under the following topics:
-
Sustainable development
-
Role of the public in poverty eradication
-
Education and health in poverty eradication
The discussions in the commissions also reflected on the reports of previous People’s Assemblies relevant to the topics.
- Summary of activities
The People’s Assembly was preceded by a community meeting held at the Margaret Nanana Mhlanga Memorial Hall in Oakly, Mpumalanga on 11 September
- The purpose of the community meeting was to inform the community about the People’s Assembly and how they could participate in the oversight work that would be undertaken by committees of parliament prior to the commencement of the People’s Assembly.
The committees of the National Assembly and the National Council of Provinces undertook oversight work on 15 and 16 September. The committees visited various service delivery points in and around the Bushbuckridge municipal area that were relevant to the portfolios that were represented to gather firsthand information about issues affecting the community. The portfolios that were represented by the committees included social development, health, education, agriculture and land affairs, labour, water affairs, and trade and industry.
The People’s Assembly commenced with a plenary on 17 September where participants were welcomed and the objectives of the 2008 People’s Assembly explained. Thereafter participants attended discussions in commissions. On 18 September the People’s Assembly was linked, via satellite, with provincial assemblies. The Premier of the Province, Mr T S P Makwetla, addressed the People’s Assembly. A consolidated report of oversight work by parliamentary committees was presented. This was followed by presentation of reports from the commissions. Questions and comments were then entertained from the nine provincial sites and from the national site. Ministers present, the Premier, members of the provincial executive committee and members of Parliament responded to questions. Mr M J Mahlangu, the Chairperson of the National Council of Provinces, gave a vote of thanks.
B. PLENARY AND DISCUSSIONS IN COMMISSIONS (17 SEPTEMBER)
Chairperson: Ms P M Hollander, MP, Deputy Chairperson of the National Council of Provinces
Ms P M Hollander welcomed the Chairperson of the National Council of Provinces, Mr M J Mahlangu, the Premier of Mpumalanga, T S P Makwetla, the Speaker of the Mpumalanga Legislature, Mrs Y N Phosa, the Acting Mayor of Bushbuckridge, Ms M S Mashego, all participating members of Parliament and members of the Provincial Legislature, representatives of the House of Traditional Leaders, Councillors and participants.
Ms Hollander thanked all participants for their support of parliamentary programmes in the province, and their participation in the People’s Assembly. She invited Mr M J Mahlangu, MP, to open the People’s Assembly and welcome participants.
- Opening and welcome
Mr Mahlangu welcomed the participants. He indicated that this was the fifth People’s Assembly and urged members of Parliament to pay attention to people’s concerns. He said that poverty eradication was not only a South African issue but a universal problem. The United Nations Development Programme had identified a lack of water and sanitation as the main two drivers of poverty worldwide.
Mr Mahlangu said that Parliament was keen to assist communities in their fight against poverty. There should be a visible legacy left behind by the occasion especially in light of the fact that this was the last People’s Assembly of the Third Parliament. He suggested that the concept of a People’s Assembly should be continued in the Fourth Parliament.
- Context and background to the People’s Assembly
Mr K O Bapela, House Chairperson in the National Assembly gave a brief presentation about the People’s Assembly.
Mr Bapela said that the Constitution enjoined Parliament to ensure public participation. This interaction and participation happened, among others, through the opportunity to make submissions to Parliament and its committees. People must have the opportunity to express their views on legislation and policies. Parliament initiated the People’s Assembly as a vehicle to fulfill people’s participation in parliamentary processes. He noted that the People’s Assembly was also a mechanism that was meant to assist parliamentarians to address challenges facing communities. Policies must be implemented with a view to improving people’s lives. Parliamentarians are public representatives and must deliver on promises made to the public. The idea was therefore that the People’s Assembly should give feedback to the communities, inter alia, on issues of service delivery.
- Input on how Parliament functions and the importance of public participation
Mr M B Skosana, House Chairperson in the National Assembly made a presentation on how Parliament functions and the importance of public participation.
Mr Skosana said that the National Assembly was elected to represent the people, to elect the President, to provide a national forum for public consideration of issues, to pass legislation, to scrutinise and to oversee executive action. By comparison the National Council of Provinces was elected to represent the provinces, to ensure that provincial interests are taken into account in the national sphere of government by participating in the national legislative process and by providing a national forum for public consideration of issues affecting provinces.
In terms of sections 57 and 70 of the Constitution, the National Assembly and the National Council of Provinces respectively, are separate and independent. The two Houses are thus not accountable to any of the other two arms of government, but are directly accountable to the electorate.
Mr Skosana went further to explain that Parliament functioned through its committees and that each House had its own separate committees. However, there were joint committees for joint business of both Houses.
Furthermore, section 59 of the Constitution provided that the National Assembly must facilitate public involvement in its processes and that of its committees, conduct its business in an open manner and hold its sittings and those of its committees in public. A number of measures were employed by Parliament to facilitate public participation, including public hearings, submissions, petitions, the People’s Assembly, the Youth Parliament and Taking Parliament to the People. Parliament had recently started the process of establishing Parliamentary Democracy Offices in different provinces. These offices were aimed at strengthening the link between Parliament and the people, especially in the remote rural areas of the various provinces. People can contact Parliament through these offices.
- Objectives and anticipated outcomes for 17 and 18 September Mr G Q M Doidge, House Chairperson in the National Assembly took the participants through the programme for 17 and 18 September.
Mr Doidge explained that the objective of the People’s Assembly is for members of Parliament and communities to together identify challenges facing the people. Participants in the People’s Assembly are expected to make inputs on the challenges that they identify in each thematic area. The inputs would be reflected in a report that would be discussed in Parliament. Recommendations in the report would be forwarded to the Executive. Parliament would use the report to monitor Executive responses to some of the issues raised by participants.
- Commission breakaways
5.1 Commission one: Sustainable development
Chairperson: Mr L Zita, MP.
Mr L Zita made a brief introductory comment. He said that sustainable development is a pattern of resource usage that aims to meet human needs while preserving the environment so that these needs could be met not only in the present, but also in the indefinite future. Eradication of poverty is one of the biggest challenges confronting sustainable development in South Africa. Sustainable development can be conceptually deconstructed into three important parts: environmental sustainability, economic sustainability and socio-political sustainability.
5.1.1 Inputs and comments
Environmental legislation, policies and programmes • The National Framework for Sustainable Development (NFSD) identifies key areas for intervention based on an integrated analysis of trends. • There is a mismatch between environmental policies and legislation on the one hand and practice on the other hand. • Planning capacity at the municipal level is generally poor, resulting in reactive rather than proactive approaches to the challenges of sustainable development. Consequently, Integrated Development Plans (IDPs) do not reflect local priorities or realities, where they do, they remain largely unimplemented due to lack of prior experience in operationalising development plans. • Environmental sustainability is often neglected in decision making. Decisions should result in good economic and environmental outcomes. • Environmental policies require review and innovative environmental programmes are required to reduce air pollution. • The Sustainable Development Policy has not yet been passed by Parliament; this results in conflicting mandates between departments.
Public education • Civil society organisations need to be strengthened to enhance their ability to monitor government and to interact on a more equal footing with the private sector. • There is a need to further develop the role of NGOs in public education. • Communities should be educated about sustainable development and the importance of integrating it into their lives. Projects will only succeed if communities are educated and consulted. • Education by the government on water and electricity use is urgently needed. • Communities are not educated, informed and developed. Information available at the national level is not disseminated to people at the local level.
The role of Parliament • Parliament and parliamentarians have an important role to play in enacting legislation that can lead to the attainment of sustainable development and reduction of poverty. • Parliament has a crucial role to play in the sustainable development agenda, not only on the national political stage, but also at the grassroots level, particularly given the enormity of development challenges faced by South Africa. • There is a need for collective responsibility between Cabinet, different government departments and Parliament as there are conflicting mandates in different departments. • There was concern regarding Hoedspruit having been removed from Mpumalanga.
Environmental beneficiation • Sustainable Development projects championed within communities need to be monitored and benefit the communities. Communities should be assisted to develop business plans in order for projects to succeed. • Communities should benefit in the commercial profitability of their resources and not only be utilised as workers. Skilled community members need to be involved in projects. • People should be skilled to run projects on farms. Individuals within the community should be targeted for specialised training required to make the project a success. • Most resources were taken away and the community did not get anything in return. When game reserves were established people were evicted, but after the development, workers and the community did not benefit from this development. • Developed countries are taking ownership of South Africa’s natural resources. People living next to these resources are very poor. • Foreign people own the wealth of communities and local involvement in development is limited. • Game lodges are owned by foreigners and locals do not benefit, not even through job creation. • There is a demand for land to be mined but locals do not reap the benefits. Mining companies do not reinvest in communities in which they are situated. • There is insufficient job creation and the lack of factories in Bushbuckridge impacts on the sustainability of the area. • Disabled people are skilled but have no work. • Unfair trading barriers must be removed. • People in Bushbuckridge own cattle but do not have profitable marketing opportunities. • People have been given land that is not productive and they do not know how to create a sustainable living from it.
Availability of infrastructure and land • An infrastructure development grant was given to Bushbuckridge as a presidential nodal point to address water shortages. • Land claims have resulted in investors withdrawing from the Bushbuckridge area. • Some of the land claims have not been considered or finalised. • There are no policy positions in municipalities regarding the need for land for development purposes. • The places declared as heritage sites are still inhabited or privatised. • Although funds are channelled to provision of infrastructures, defective structures are built. • The roads in Mapulaneng are bad, there is a lack of water (the town was without water for three months) and poor service delivery by the municipality. • Bushbuckridge is a dry area, even if it rains the boreholes are unable to retain water. Pipes were laid but water has not been supplied. • There is a need for roads, bridges and graveyards. • The demand for electricity is very high and sanitation projects are lagging behind. • The sale of developed land to foreigners results in minimal land being available to build houses for local people. • There is a lack of facilities for the community; there are no playgrounds for children and old age homes are only in towns and not in the rural areas where they are needed most.
Utilisation of resources • Trees are being cleared in residential areas and buildings are erected which results in global warming. • People are collecting sand for building; this has resulted in big holes developing behind houses.
Waste management • There is a problem with waste management, this includes household, medical and industrial waste. • The dumping of toxic waste is a health risk and the municipalities are not able to manage waste dumps. • Dustbins are only serviced once a month and there are no empty sites for the dumping of waste, more trucks are required to pick up waste. • Municipalities do not have the capability to deal with cleaning and cleansing of public areas.
5.1.2 Achievements • The various government departments are trying to redress the problems of the past. • Social welfare is providing support by protecting people who cannot take care of themselves, for example, via the child support grant. • The commitment to decrease green house gasses is an initiative that was started some time ago. • The NFSD has systems based on integration specifically for sustainable development. • People with HIV and Aids are recycling leaves and producing plastics out of the leaves. • As part of a poverty eradication project, plastics are collected and shoes and socks produced.
5.1.3 Recommendations • There is a need for collective responsibility for environmental governance. The environment is not the responsibility of one department. Greater integration between departments needs to be championed at Cabinet level. • The Department of Environmental Affairs and Tourism should embark on workshops to raise environmental awareness. • Parliament should consider a process to adjust provincial boundaries in order to bring Hoedspruit back into Mpumalanga. • The allocation of land subsequent to claims being processed should be monitored by government. Land is sold by claimants just months after receipt, because the new owners are not in a position to manage the land or to ensure sustainability. Attempts should be made to retain and attract investors when land claims are finalised. • The expertise to manage farms should be maintained after land claims have been finalised and people with managerial and other needed skills should be retained on a salary basis. • Basic infrastructure should be addressed as rural development is a key pillar in the fight against poverty. • When development is taking place and roads are built, the landscape should be taken into consideration as it might have an impact on the biodiversity of the area. • Corridors should be created to ensure the free flow of animals. • Proper consultation should take place between the owners of mines and the communities. Communities should share in the wealth created by mines. • Attention should be given to areas where trees are cleared and buildings erected to reduce the impact of global warming. • Climate change should be studied in order to minimise rural migration and the community should be informed and educated when climate change issues are being considered. • There should be monitoring of projects in general and the unsuccessful projects should be evaluated to establish the reason for the failure. The benefits of projects should be transferred to the community. • People at grass-roots level should be consulted on projects as they have a better knowledge of the needs of their communities. Communities must also have the opportunity to identify projects for themselves and seek funding. • When projects are started the community should be consulted and participants should be trained in order to assist them in the development of sustainable projects. • Investors should be encouraged to invest near the townships where people are residing. • Field officers should be appointed to monitor projects and give guidance to ensure that projects facilitate sustainable development within the community. • The youth and the elderly should be employed at legal dump sites. • People should be educated to recycle and recycling initiatives should be embarked upon. • The number of refuse trucks should be increased to ensure that waste is removed on a regular basis. • A dam would solve the water shortage problem in the area; the river Balula can be used to feed the dam. This should also assist with the creation of jobs. • The community should have shares in new developments and ventures, that is, game reserves and people should benefit from the influx of tourists. • People should be educated on the environment, namely the impact of development and how to conserve the environment. • Solar energy should be introduced as few people can afford electricity. • Available resources should be regulated and monitored to ensure its sustainable use.
5.2 Commission two: The role of the public in poverty eradication Co-Chairpersons: Mr S L Tsenoli, MP. Mr S Shiceka, MP.
At the commencement of the session, the co-chairpersons emphasised that the discussion of the commission should primarily focus on the role of the public in eradicating poverty, as much had been said in various forums about the role of government in alleviating poverty amongst poor communities. However, they said that participants were not censored from re- articulating the role of government in this regard.
5.2.1 Inputs and comments
Natural resources • There was overwhelming consensus that Bushbuckridge has suitable land for farming and good potential for tourism. • Communities should be mobilised to identify and protect indigenous knowledge and traditional medicines with a long term view of protecting them from commercial piracy. • In the past many projects had failed but it is not clear what caused those failures.
Utilisation of available sport facilities Existing sport facilities in communities should be identified for utilisation by the youth. A campaign encouraging the youth to participate in sport should be started as some youth may succeed in sport and financially uplift themselves and their families. The campaign may also discourage youth from delinquency and thus discourage them from participating in illegal activities such as drug abuse. Institutions such as government departments and the Umsobomvu Youth Fund can be approached for assistance in this regard.
Lack of essential documents • The oversight visits by portfolio committees revealed that almost a quarter of the residents of Bushbuckridge do not have one or the other necessary documents such as an identity book, birth certificate, etc. It was emphasised that without these documents, community members will not be able to access government services such as old age pensions, grants, housing and other services. • It was felt that information on government services is centralized and ordinary people, especially in rural areas, are not able to access it. • In general there is a lack of civil education on government services and as a result communities do not understand the policies and programmes of government. Where available, officials manning these offices do not adhere to Batho Pele principles. Delayed processing of land claims applications Progress on the finalisation of land claims is not being reported. For years now, despite the expectations created by the government, communities that had lodged land claims have no land to farm or work.
Disabled people • Disabled people are not adequately recognised and assisted by both the public and government. • Disabled people are often not able to access government buildings and consequently they cannot access services provided by government to the public. Government departments need to adhere to and implement policies on disabilities. Communities should acknowledge and support disabled people. • There was a call for funding to train disabled people. Communities need to be tolerant towards disabled people.
Foreign-owned businesses • Many foreign nationals own businesses within communities, but they are not committed to developing entrepreneurial skills or provide employment to any of the members of the communities who accommodate them. • In some instance foreigners’ operations also have a negative impact on the environment.
Adult basic education and training teachers • A concern was raised about fulltime teachers who are also employed by Abet Centers as Adult Basic Education and Training teachers after normal school hours. This affected the quality of work of these teachers at both levels. • Currently Abet teachers in other provinces such as Gauteng are paid slightly higher than those employed in Mpumalanga. This disparity in salaries resulted in a high turnover and brain drain by qualified teachers to other province.
Establishment of firefighting teams During Autumn, Mpumalanga is susceptible to raging veld fires which usually ravage natural resources such as forestry, vegetation, agricultural crops and live stock. This results in loss of revenue and jobs for the people of the province and thus add to the outflow of scarce skills.
Former farm workers There are a number of unemployed and skilled former farm workers in the community, who had been exploited on farms or badly treated as labour tenants in the previous dispensation. There was a need to develop special programmes to encourage them to rejoin farming.
Other comments and concerns • A new definition of poverty was necessary in order to identify the poorest of the poor in relation to urban and rural areas. This delineation would help allocate the necessary resources on the basis of established need. • Allegations were made that some councillors take and implement other people’s ideas for personal benefit. • Communities should be involved in the development and finalisation of IDPs. In order for communities to be involved, IPDs of municipalities should address challenges in relation to provision of resources for communities. • Bushbuckridge suffers from lack of resources such as water, roads, electricity etc. and this contributes hugely to poverty. • Communities must also focus on other opportunities such as mining and not only farming. • Communities must mobilise against corruption and nepotism to retain the gains brought about by government services. • NOGs should form clusters in order to avoid unnecessary competition in providing services especially to the youth. • Leaders do not disseminate information to the public and sometimes do not allow the public to participate in public participation programmes. • Establishment of mini-factories in residential areas should be encouraged. These factories can manufacture things like window and door frames etc.
5.2.2 Recommendations • Communities should be encouraged to form business co-operatives. In addition, training in entrepreneurial and managerial skills should be provided in order to make entrepreneurs sustainable. • There should be continuous monitoring and evaluation of the co- operatives by both communities and government. Government projects must not only benefit the politically connected as is the case currently. They must be accessible to all qualifying business co- operatives in order to benefit broader society. • People whose ideas were stolen by councillors should report the matter to the relevant authorities, for example the Mayor, Members of the Executive Council or members of Parliament. • Funding should be sourced for managerial, financial and project management skills training. • Markets should be identified for selling community products. • The stringent government procurement policies must be reviewed. • Primary and secondary schools should introduce relevant agricultural and tourism programmes as soon as possible. To augment the basic agricultural knowledge acquired at school level, closed education institutions such as the former Bushbuckridge College of Education, the venue for the People’s Assembly event, must be revived as agricultural training institutions. • Where possible, multipurpose centers should be utilised to educate the youth about the importance of farming and agriculture. • Mobile and/or satellite offices must be established and manned by trained officials who will train and help the poor through workshops and other forums. Municipalities, Sector Education and Training Authorities and NGOs must also assist in the training of communities. • The government must expedite the processing of land claim applications. A commission of enquiry should be established to investigate the delay around the processing of these applications. • Businesses owned by foreign nationals should be adequately regulated regardless of the size and a special surcharge should be implemented for entrepreneurial skills training of local communities. Communities must also tap into the knowledge and skills of these foreign nationals so that when they leave the country, the skills remain. • Uniform standards for employment of Abet teachers should be established by the national Department of Education as a matter of urgency. In addition, Abet teachers should be trained further to meet the current skills demands. • Government must improve rural communication and contact networks. • Communities must establish fire fighting teams in order to manage veld fires in the area. The government and the private sector could be approached to assist where necessary.
5.3 Commission three: The role of education and health in poverty eradication
Co- Chairpersons: Prof S M Mayathula, MP. Ms J Masilo, MP.
The commission decided to divide the topic into two sub–topics as follows: “the role of education in poverty eradication” and the “role of health in poverty eradication”. The role of education in poverty eradication was considered first.
5.3.1 The role of education in poverty eradication
Prof Mayatula, in his introductory remarks noted that previous People’s Assemblies identified the strengthening of Abet programmes which were not adequately rolled out in rural areas as one of the key areas for intervention. The issue of inclusive education was also mentioned.
5.3.1.1 Inputs and comments
School buildings and infrastructure • As a result of the drying-up of bore-holes and mismanagement of water resources in the Bushbuckridge area most schools do not have a constant supply of water. • Despite being on a priority list for renovations, poorly built and dilapidated school buildings have not yet being renovated. • Mud schools built by the community are in a state of collapse and pose a danger to learners, as a result schooling takes place under trees and/or in tents. • The Portfolio Committee on Education had observed a shortage of schools in the Bushbuckridge area and overcrowding in existing schools.
Early childhood development and reception level • Government must establish more early childhood development centres. • Grade R teachers are paid their salaries after three months of work, which makes them unable to support their families. • Some Grade R teachers earn up to R1000 per month. Failure to pay them good salaries demotivates them and affects their performance in class. • Some Grade R teachers are paid by School Governing Bodies.
School nutrition • Nutrition at schools is not being adequately provided. Instead of being served at least three different fresh vegetables per week as per the requirement, learners are only served butternut. • Caregivers in the school nutrition scheme, especially those who look after learners who have a learning disability, need to be remunerated. • The R400 per month stipend paid to school nutrition caregivers is too little to be an effective poverty eradication tool.
Learners with disabilities • Volunteers who care for people with disabilities, such as the volunteers of the Lulekani Project, should be paid a stipend because they provide a very important service to the community. • There is no access to educational facilities, especially for people with disabilities. • There is also no transport for people with disabilities to travel to education institutions and even to government events that are hosted by the Department of Education. • In spite of the fact that Further Education and Training (FET) colleges are funded by Government, they do not accommodate people with disabilities. • People with disabilities, especially the visually impaired, are not granted bursaries by the department or by private companies. • The visually impaired cannot study mathematics and science because educational institutions do not have assistive devices, therefore people with disabilities will always be trapped in a vicious cycle of poverty. • There are no higher learning institutions for people with disabilities, especially the deaf and the visually impaired. The government should make existing institutions of higher learning accessible to people with disabilities by providing assistive devices such as sign language interpreting, Braille etc. • There is no specialised transport for learners to travel to tertiary institutions. • There is no proper infrastructure to cater for people with disabilities at the existing schools, especially for the deaf and the visually impaired. • There are no wheelchair ramps in educational facilities and some buildings are not complete. • The deaf and the blind are excluded from the few learnership programmes available. • Sign language is not taught at lower levels of education.
Adult basic education and training Women and the elderly travel long distances to access Abet facilities, this poses a safety risk.
Availability of teachers, quality of education and free and compulsory education • There is a shortage of mathematics and science teachers which leads to learners obtaining poor results in those subjects. • The criteria for the appointment of senior teachers are not clear. • There is no career guidance to assist learners to select subjects that will afford them good job opportunities. • There is a lack of learner support material. • There are delays in the provision of free and compulsory education by government. • There is no consistency between the curriculum at secondary school level and tertiary level. • There is only one Mpumalanga Regional Training Trust which offers skills development in the province instead of four as planned; • There is no trade centre in Mpumalanga to accommodate technical students in order to do trade tests to prepare for employment on completion of their studies. • There are no libraries and laboratories in the communities to assist learners with their studies. • Schools in the Bushbuckridge area are classified into quintiles one, two and three. Schools in the region suffer on account of cross provincial border anomalies, for example, schools which had been classified as quintile 2 schools while under Limpopo, are now categorised as quintile 3 schools under Mpumalanga, and as a result lose out on being classified as ‘No fee’ schools. This results in young learners having to cross busy national or main roads running through the village in order to get to suitable schools.
Learners with learning difficulties • There are no trained professionals who can identify children with learning disabilities at schools. This results in such learners dropping out as they cannot cope as a result of their difficulties. • There is a need for the establishment of centres which will assist learners with learning disabilities with language competency and skills. • There is also a need for the establishment of a centre which will train teachers to educate learners who have learning disabilities.
Institutions of higher learning • There are no universities in Mpumalanga. • Tertiary institutions such as Hoshane and Mapulaneng were closed down and they have become white elephants. That decision should be revisited with the aim of reviving them. • Tertiary education is expensive and unaffordable even to middle class parents.
Learner pregnancy • There’s an alarming increase in teenage pregnancy in schools, which also raises the issue of increased vulnerability of learners to HIV/Aids. • Pregnant learners are not allowed to write their examinations, this may exacerbate the levels of illiteracy and may lead to increased poverty among the youths.
5.3.1.2 Responses
• Section 29(1) of the Constitution of the Republic provides that “
everyone has the right to a basic education, including adult basic
education”. To this end government is providing Abet free of charge
• Grade Rs have to move away from communities and become part of a
formal school curriculum. This will ensure free education from Grade R
to Grade 9.
• Prioritisation of schools for upgrading is done at the regional or
school circuit level, not at provincial level. School principals and
School Governing Bodies must ensure that their schools are on the
priority list, and they must insist on getting a copy of the list from
officials.
• Ramps will be installed for people with disabilities in those
facilities that have none.
• The teacher colleges were not closed but attached to other
institutions of higher learning.
• The department will look at the issue of stipends for school nutrition
caregivers and learnership programmes. Specific cases such as the
Lulekani project will be followed up.
• The department will address the issue of overcrowding in schools, a
problem which MPs themselves observed during committee visits around
the Bushbuckridge area. In one instance the ratio was 53 classes to 20
teachers.
• Learner have to be an all-rounder at secondary school level so that
they are able to adjust or go to any area. The Revised National
Curriculum Statement (RNCS) is designed to develop learners so that
they start thinking as if they were at tertiary level.
• There is no specific criterion set out for the appointment of a senior
teacher. Like everyone else, teachers compete for positions based on
merit.
• The age of children who receive a social grant is currently up to 14
years of age. From 2009 onwards it will go up by one year every year
until it reaches 18 years.
• The department will provide teachers with the skills to identify
learners with a learning disabilities.
• The department will look at the issue of bringing higher learning
institutions for the disabled closer to the communities, and look at
providing transport in the meanwhile.
• There are no-fee schools that communities have to utilise to avoid
expensive school fees. This means that from Grade R up until Grade 9
government has introduced free education which should benefit the
poor. For tertiary education, government has set up the National
Student Financial Aid Scheme (NSFAS) in order to assist students at
public higher education institutions with loans and bursaries.
• Compulsory education will be introduced in phases.
• The 7% used for administration by the department in the school
nutrition scheme is not a national norm. This means that provinces
have the latitude to increase this figure in order to be able to pay
stipends of more than R400 to volunteer caregivers in the school
nutrition scheme.
5.3.1.3 Recommendations • Provincial departments should urgently consider rebuilding collapsing schools and replacing mud-built structures. • Schools without water supply should be supplied with boreholes and tanks. • The recruitment of qualified mathematics and science teachers should be prioritised. • The proper supply of fresh produce to the schools should be regularly done and closely monitored. • Speed humps should be erected on the roads to avoid learners being hit by vehicles when crossing the roads on their way to school. • Transport should be provided for the disabled and the elderly in order to attend schools and other departmental activities. • The department should involve the communities in identifying what could be done to stop teenage pregnancies. • Libraries and laboratories need to be built nearer to the communities.
5.3.2 The role of health in poverty eradication
Ms Masilo, in her introduction, detailed the relationship between poverty and health. She made particular reference to access to health, people with disabilities, communicable diseases such as HIV and Aids, tuberculosis and malaria.
5.3.2.1 Comments and inputs
Availability of health care workers • There is a huge shortage of nurses, doctors and counsellors at clinics, especially in the rural areas. • Community workers and volunteers are not funded although they work 24 hours. • Nursing colleges are far from communities. • Doctors are imported from Cuba and other countries to overcome the existing shortage of medical personnel.
Availability of facilities, equipment and medicines • The Department of Health is always under funded. • Clinics often run out of medication and patients are offered only Panado. • Some clinics have no water supply, they have broken toilet seats and they have poor maintenance standards. • The lack of resources at clinics often result in patients having to bring their own stationery on which to write reports and records of their illnesses. • There are no telephone lines at some clinics as a result of theft and nurses are compelled to use their cellular phones to communicate with the department. • Mobile clinics do not arrive on the dates and times as scheduled. • Government needs to build more clinics as traveling becomes a problem for the elderly and the disabled, especially at Madjembeni village. • Medication is highly priced at the pharmacies. Government should do something to curb the unscrupulous behaviour of medical aid schemes. • There is a shortage of shoes for the people with disabilities at clinics and hospitals. • Some clinics do not have wheel chairs to assist patients. • There is a shortage of ambulances at clinics and hospitals. • There are long waiting lists for beds at hospitals to accommodate patients. • Some facilities at clinics are not conducive to the storing of certain medicines.
Disabled people • People with disabilities have no access to vital information regarding HIV/Aids. • Information is not available to the blind by means of Braille. • The blind cannot read the expiry dates on their medication, and there’s no sign language interpreting for those who cannot speak. • People with disabilities were previously trained on issues of HIV/Aids, but they are not appointed when positions become available.
Inadequate services • Operating times of clinics are a problem as some close at 3 or 5pm and do not open on weekends. • There is loss of confidence in clinics because of their poor performance in service delivery, resulting in people having to travel long distances in order to reach hospitals. • Hospitals do not accept patients without a referral letter from clinics. • People stay in long queues for the whole day after having travelled long distances. • The department is not assisting in fighting teenage pregnancy. • There is an alarming increase in teenage pregnancy in schools and, unfortunately, pregnancy goes along with HIV/Aids. • Teenage pregnancy exacerbates poverty because pregnant girls are not permitted to write exams. • The child support grant is too little, and this results in teenagers getting pregnant repeatedly in order to collect more grants. • Emphasis is put only on HIV/Aids, TB, malaria, etc, more emphasis should be put into addressing cancer because it also claims the lives of many people.
5.3.2.2 Responses • Patients who are not on the critical list should be encouraged to go and convalesce at home in order to free up beds for those who are critical. • Parents, religious leaders and cultural organisations should encourage and promote celibacy among the youth to minimise the spread of HIV/Aids and teenage pregnancy. • The relevant parliamentary committee should ask the Department of Health to account better with regard to the monitoring of funds, because it is obvious that funds allocated for certain projects are not spent on those projects. • The department fails to pay its suppliers, therefore the suppliers do not deliver medicines at hospitals and clinics. • The department should provide assistive devices such as hearing aids, wheelchairs, etc. • Infrastructure at health facilities is vandalised by members of the communities in which those facilities are located. The Community Policing Forums must assist in curbing the vandalising of property in health facilities. Members of the community must desist from buying stolen window frames, doors etc, to discourage theft, and must act to protect public facilities because they have been provided for their benefit. • There is a general lack of hygiene at the Lydenburg and Sabie Hospitals. • People in rural areas suffer because local nurses prefer to go and serve in other provinces. • The local management structures in all provinces should know how to access specialist services such as laboratory and orthopedic services, if not, they should contact the Chief Director.
5.3.2.3 Recommendations • Government should introduce a voucher or card system which could be used to purchase nappies, baby food, clothing and groceries, instead of giving out cash. • Clinics and hospitals can not afford to run out of medicines and stationery, especially medicines, therefore they need to conduct constant stock taking to avoid shortages. • Communities should accompany people who need interpretation to facilities. • Mobile clinics should inform the communities in time when they will not be available for the next date. • Clinics and hospitals should be maintained regularly. • Hospitals should not turn people who do not have a referral letter from clinics away. • Government should provide a 24-hour service at clinics. • Security should be beefed up at clinics, and where there is none, it should be provided. • The department should provide enough beds at hospitals to accommodate people. • Ambulances should be made available and even sourced from other provinces. • Provincial departments should attend to all the concerns raised and a task team should be formed to follow up on progress made. • Communities should submit their complaints to their constituency offices regarding these issues. • The department must train nurses who will serve their own provinces. Nurses should be proud of where they come from and should endeavour to uplift their own communities. • Government should establish nursing colleges in rural areas so that local children can serve their own communities. • Enough funds should be sourced for the department and be carefully monitored.
C. PLENARY AND REPORTS FROM COMMISSIONS (18 SEPTEMBER)
Chairperson: Mr M J Mahlangu, MP, Chairperson of the National Council of Provinces
The Chairperson of the National Council of Provinces took the Chair and invited Mr T S P Makwetla, the Premier of Mpumalaga to address the plenary.
- Address by Mr T S P Makwetla, MPL, Premier of Mpumalanga
The Premier of Mpumalanga, Mr Makwetla, indicated that the People’s Assembly provided ordinary people with an opportunity to interact with Parliament and express their views about poverty, service delivery and other challenges confronting them. For Parliament, the event was an opportunity to reach out and engage with communities from all walks of life in order to develop and formulate solutions to address poverty and development challenges facing the country. Furthermore, by holding the event annually, Parliament was strengthening its oversight role and enhancing accountability by government on development and service delivery commitments.
Mr Makwetla said that public participation in matters of development and service delivery was a critical hallmark of a democratic state that upholds the values of transparency and accountability to the electorate. Through the People’s Assembly law-makers were broadening opportunities for public participation.
He emphasised that it was crucial for government to implement the recommendations of the participants in order to tackle the challenges of underdevelopment, poverty and unemployment. The provincial government had already implemented an array of programmes such as infrastructure development, local economic development and created employment opportunities in order to tackle these challenges. It also has programmes to ensure access to quality education for all children and the sustainable provision of health care services to all communities, especially those that are economically depressed.
He further urged government to empower communities in an effort to fight poverty, unemployment and service delivery by increasing access to poverty alleviation programmes, self-employment and economic opportunities, access to finance and mentorship to support entrepreneurs and small businesses for the poor. Alongside these initiatives, there was still a need to enhance direct support to poor households through social grants and free basic services.
He reminded members of Parliament that the positive impact of the People’s Assembly on the people would depend on how government responded to the challenges that have been raised and follow up on issues raised. The government Mpumalanga province was committed to ensuring that all the issues raised by the communities were properly tracked and responded to by the relevant entities at various levels of government.
He concluded by thanking Parliament for choosing the Bushbuckridge municipality as a venue for the 2008 People’s Assembly.
- Address by the Chairperson of the National Council of Provinces, Mr M J Mahlangu, MP
Mr Mahlangu welcomed all the participants to the event and tendered an apology for the Speaker of the National Assembly who was unable to attend owing to ill-health.
He pointed out that this year’s People’s Assembly coincided with the marking of the United Nation’s International Day of Democracy and the anniversary of the adoption of the Universal Declaration on Democracy Day by the Inter-Parliamentary Union (IPU).
The reports of the previous People’s Assemblies, including the 2008 report, would be consolidated with a view to identifying the recurring challenges that needed to be addressed in order to achieve the goal of eradicating poverty and hunger.
The comprehensive report would be used to assist the Fourth Parliament to sharpen its response to the various challenges the nation faced. However, the current Parliament would still be seized with issues that were immediately before it.
Mr Mahlangu proceeded to welcome all the provinces to the national event.
- Presentation of the Consolidated Oversight report by committees
Mr T S Setona, House Chairperson in the National Council of Provinces, presented a consolidated committees’ report on the oversight visit to the Bushbuckridge municipality. He highlighted that an impression was created that the demarcation disputes which bedevilled the area for some time had immensely affected service delivery by government.
Some services had collapsed since the municipality had been taken back from Limpopo. As a result of unfinished projects there was a huge shortage of, for example, running water in the Bushbuckridge area and consequently health services centres such as hospitals and clinics were affected. He urged that this matter be attended to immediately.
He observed that some provincial departments had not been part of the oversight visits and senior officials from these departments had also not been part of the process.
The full report would be presented to Parliament for further consideration.
- Report back by commissions
4.1 Commission one: Sustainable development
Chairperson: Mr K O Bapela, MP, House Chairperson National Assembly
Councillor A Khoza presented a report on behalf of the commission. The following were some of the inputs made from the floor:
• Although the environment is important, the education system does not
provide education on the environment and sustainable development.
• Often sustainable development is interpreted in a way that restricts
development, especially of people in rural areas who are more
dependent on natural resources.
• People who continue to plough in wetlands should be provided with
alternative land.
• Sustainable development should not hamper communities’ endeavour to
develop themselves.
• Aquatic live stock must be looked after as some of them are being
wiped out by factors such as global warming.
The following responses were received:
• The education curriculum does include education about the environment.
However, the government still needs to do more to educate communities
about sustainable development, including ways of saving energy, water
and other resources.
• The government realises that climate change presents both threats and
opportunities. Communities have to find new ways of using resources
and create new resources such as renewable sources of energy.
• Some projects have not been continued because of transborder issues.
There was a disjuncture when Bushbuckridge moved from Limpopo Province
to Mpumalanga. However, the Mpumalanga government is working towards
ensuring that important projects are continued.
4.2 Commission two: Role of the public in poverty eradication
Chairperson: Mr M B Skosana, MP, House Chairperson in the National Assembly
Councillor R Khumalo reported back on behalf of the commission. Participants made the following inputs:
• Public servants do not respect the Batho Pele principles.
• The Umsobomvu Youth Fund is not responsive enough to the needs of the
youth.
• There are no proper support structures in rural areas for disabled
people to articulate their needs. Some are still not benefiting from
government services due to services not being user-friendly.
• The government should establish special programmes and enough support
structures for widows to earn a living. At present, widows appear to
be sidelined by government.
• The authorities should process applications for mining licenses
speedily.
• Sustainability of established projects and provision of adequate
resources to run them should be prioritised.
The following responses were received:
• There seems to be an information gap, people do not know what services
are offered and how to access them. Parliamentarians should take steps
to fill the gap.
• Early childhood development centers provide an opportunity for job
creation for adults who run the centers.
• The youth should be encouraged to take up agriculture and farming as
career options.
4.3 Commission three: The role of education and health in poverty eradication
Chairperson: Mr G Q M Doidge, MP, House Chairperson in the National Assembly
4.3.1 The role of education in poverty eradication
Mr R P Z van den Heever, MP, reported back on behalf of the commission on its discussions of the education sub-topic. The participants made the following inputs:
• Existing laws should be enforced and parents held accountable for
their children leaving school early.
• Schools should implement vocational guidance or training.
• The poor still lag behind in literacy and acquisition of skills.
• Nkomzi should be declared a no-fee school zone.
• Government schools situated in rural areas must include sport
activities in their academic curriculum. Currently learners are
excluded from participation in extramural activities.
• There is a proliferation of taverns next to school premises and this
leads to drug and alcohol abuse by school pupils.
• Accessibility for disabled students at tertiary institutions is a
problem.
• The Department of Education must as soon as possible fulfill its
promise that each province will be given a director for agriculture in
schools.
These were some of the responses:
• The provinces are responsible for the implementation of the education
budget. The National Department has decided that some schools should
be no-fee schools, the provincial departments should implement that
decision.
• Disabled learners should have full access in schools.
• Tertiary institutions should be accessible to disabled students.
• Statistics do not support the claims that graduates are not
employable.
4.3.2 The role of health in poverty eradication
Ms F Mazibuko, MP, reported back on behalf of the commission on its discussion of the health sub-topic. The following were some of the inputs made:
• There was a general consensus that the lack of resources such as
ambulances, furniture and stationery in rural clinics and shortage of
staff such as nurses and doctors resulted in overcrowding and
inadequate services. As a result some patients are turned back without
help.
• Vacant posts had been left unfilled for quite some time.
• There was concern that senior citizens were being abused emotionally
and financially with little being done by government to protect them.
Communities must be involved in the creation of safe havens for the
aged.
- Way forward
Chairperson: Mr G Q M Doidge, MP, House Chairperson in the National Assembly
There was consensus that in the future, public participation processes such as the People’s Assembly must be devoted to ordinary people so that there would be more time for public representatives to listen to the issues affecting communities. Members of Parliament should minimise their contributions and allow the public more time to raise the challenges in their communities.
Provincial and local structures of government must also be actively involved so that they are able to accommodate community concerns in the programmes at provincial level.
In its outreach and public participation programmes, Parliament should endeavour to bridge the information gap by bringing all government agencies to engage with the people.
- Closing remarks
Mr M J Mahlangu, the Chairperson of the NCOP thanked all participants for taking part in the 2008 People’s Assembly. He emphasised that a consolidated report of the People’s Assembly would be prepared and once considered by Parliament would be sent to both National and Provincial governments for consideration of all issues raised. All members of Parliament and members of provincial legislatures must play a crucial role in implementing and monitoring the implementation of progress and projects on the ground. Parliament should consider reviewing the future of the People’s Assembly so as to increase time to fully process the issues that have been raised.
MONDAY, 24 NOVEMBER 2008
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
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Assent by President in respect of Bills
1) Technology Innovation Agency Bill [B 49B – 2007] – Act No 26 of 2008 (assented to and signed by President on 17 November 2008).
2) Mineral and Petroleum Resources Royalty Bill [B 59 – 2008] – Act No 28 of 2008 (assented to and signed by President on 17 November 2008).
3) Renaming of High Courts Bill [B 5B – 2008] – Act No 30 of 2008 (assented to and signed by President on 17 November 2008).
4) Liquor Products Amendment Bill [B 22B – 2008] – Act No 32 of 2008 (assented to and signed by President on 17 November 2008).
5) National Energy Bill [B 52D – 2008] – Act No 34 of 2008 (assented to and signed by President on 17 November 2008).
COMMITTEE REPORTS
National Council of Provinces
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Report of the Select Committee on Local Government and Administration on the oversight visit to Xhariep district municipality
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INTRODUCTION AND BACKGROUND
The National Council of Provinces (NCOP) delegated the Select Committee on Local Government and Administration to conduct a fact finding visit to the Xhariep District Municipality in Free State Province during the 11 October 2008.
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OBJECTIVES
The main objectives of the visit was to interact with internal and external stakeholders in the Provincial Executive Council (PEC) through the Office of the MEC for Local Government and Housing in terms of section 139 (1) (b) of the Constitution.
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DELEGATION
The delegation of the NCOP consisted of the following members and officials:
• Hon S Shiceka (Gauteng Province) • Hon F Nyanda (Mpumalanga Province) • Hon D Worth (Free State Province) • Hon M Mzizi (Gauteng Province) • Hon Kgoshi M L Mokoena (Limpopo Province) • Hon A T Manyosi (Eastern Cape Province) • Hon N J Mack (Western Cape Province) • Hon A L J Moseki (North West Province) • Mr D Mokoena (Research Unit) • Mr M Manele (Committee Section) • Mr V Mfuniselwa (Committee Section)
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DISCUSSION
On the 11 October 2008, the Delegation of the Committee conducted a fact finding visit to the Xhariep District Municipality and had interactive meetings with stakeholders including the Administrator, Executive Mayor, Chief Whip, Acting Municipal Manager, Organized Labour, Free State Youth Commission, South African Council of Churches and SALGA.
4.1 Administrator
In briefing the Committee, the Administrator indicated that on 28 May 2008 the Free State Provincial Executive Committee decided to intervene at Xhariep District Municipality in terms of Section 139 (1) (b) of the Constitution. The rationale for the intervention in the municipality was lack of capacity to exercise powers and perform functions; inadequate budget to perform as a district municipality; possible unauthorized, irregular, fruitless and wasteful expenditure including possible fraud, corruption and nepotism. The Administrator further informed the Committee that since its establishment, the Xhariep District Municipality encountered acute financial constrains due to a limited levy base and for the past three years the District had passed budgets with deficits. The Provincial Department of Local Government provided the Xhariep District Municipality with technical support to achieve the development of budget, budget related policies, internal control manual, annual financial statements and financial management since the suspension of the Chief Financial Manager.
Some of the major challenges faced by the Xhariep District Municipality included:
• Non adoption of IDP and Budget. • Restoration of the culture of work and accountability. • Strengthening of oversight capability. • Enhancing financial controls and management.
In order to deal with the above-mentioned challenges, the Administrator indicated that a turn-around strategy had been developed to: • Provide system support and strengthening of internal controls; • Support in the establishment of internal audit function, • Ensure development and implementation of performance agreements that could hold Section 57 Managers accountable for performance.
4.2 Municipal Councillors
In her submission, the Executive Mayor indicated that she did not support the intervention as issued by the MEC of Local Government and Housing. She indicated that the Municipal Council was not properly consulted on the processes and rationale for the issuing of the notice of intervention. The Chief Whip indicated that the majority of the Municipal Councillors were supporting the intervention because the Xhariep District Municipality through the leadership of the Executive Mayor had failed to pass the IDP and Budget at the right time. He further indicated that the appointment of the Administrator by the MEC of Local Government and Housing had enabled the Xhariep District Municipality to develop its IDP, pass the Budget and improved internal administrative systems.
4.3 Municipal Manager
The Municipal Manager indicated that he did not fully support the intervention as issued by the MEC of Local Government and Housing. He indicated that some of the problems identified in the notice of intervention emerged as the result of lack of funding and suitable human resources. Some of the concerns raised by the Municipal Manager related to understaffing of Local Economic Development Unit, Finance and Corporate Unit and other departments, non existence of Internal Audit Committee, lack of experience by some of the Section 57 Managers, lack of proper qualification among certain employees, political interference in administrative operations, lack of proper financial control due to lack of qualified personnel.
. 4.4 Free State Youth Commission
The Free State Youth Commission welcomed and supported the
intervention. It indicated that its interest in the whole process was
informed by the implications that the process had on youth, for
example, skills development; poverty; unemployment; and vulnerability
to drug and substance abuse. Noting the political, administrative,
strategic and operational problems identified by the MEC of Local
Government and Housing, the Free State Youth Commission was of the
view that Section 139 (1) (b) was the best intervention.
. 4.5 Organized Labour
The representative from SAMWU Union indicated that organized labour
supported the intervention as issued by the MEC of Local Government
and Housing. In support of the intervention, the representative raised
concerns relating to lack of consultation on processes leading to the
development of IDP and Budget, non compliance by the municipal
administration on organizational service agreements, non setting of
labour forums within the Xhariep District Municipality and lack of
funding mechanisms for local economic development projects.
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RECOMMENDATION
Having visited Xhariep District Municipality, the Select Committee on Local Government and Administration recommends that:
• The National Council of Provinces approves the interventions issued by the Free-State MEC for Local Government and Housing.
• The Provincial Department of Local Government and Housing facilitate the appointment of a forensic investigation on alleged financial irregularities and mismanagement in the Xhariep District Municipality.
• Provincial Department of Local Government and Housing ensures the fast tracking of the appointment of Section 57 Managers.
• The Xhariep District Municipality ensures the implementation of good labour practices between the municipal management and organised labour and the functioning of Labour Forum in the Municipality.
• Furthermore, the Xhariep District Municipality should also facilitate the signing of performance management contract and assessment of Section 57 Managers and implementation of code of good conduct and working relationship among Councillors and officials.
• The MEC’s office monitors the progress of the Xhariep District Municipality through the scrutinizing of periodic reports and a copy is forwarded to the NCOP. • The intervention be reviewed after a period of six months, which is by 30 April 2009.
Report to be considered.
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Report of the Select Committee on Local Government and Administartion on the oversight visit to Mohokare Local Municipality
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INTRODUCTION AND BACKGROUND
The National Council of Provinces (NCOP) delegated the Select Committee on Local Government and Administration to conduct a fact finding visit to the Mohokare Local Municipality in Free State Province during the period 09 until 10 October 2008.
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OBJECTIVES The main objectives of the visit was to interact with internal and external stakeholders in the Mohokare Local Municipality in order to solicit their opinions on the intervention invoked by the Provincial Executive Council through the Office of the MEC for Local Government and Housing in terms of section 139 (1) (b) of the Constitution.
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DELEGATION
The delegation of the NCOP consisted of the following members and officials:
• Hon S Shiceka (Gauteng Province) • Hon F Nyanda (Mpumalanga Province) • Hon D Worth (Free State Province) • Hon M Mzizi (Gauteng Province) • Hon Kgoshi M. L.Mokoena (Limpopo Province) • Hon A T Manyosi (Eastern Cape Province) • Hon N J Mack (Western Cape Province) • Hon A L J Moseki (North West Province) • Mr D Mokoena (Research Unit) • Mr M Manele (Committee Section) • Mr V Mfuniselwa (Committee Section)
4. DISCUSSIONIn Mohokare Local Municipality the delegation of the Committee had interactive and consultative meetings, from 09 to 10 October 2008, with the Municipality’s stakeholders. The main stakeholders the delegation interacted with were the Administrator, the Councillors, and representatives from the South African Local Government Association (SALGA), Free State Youth Commission, the Organized Labour and the Business Forums.
4.1 Administrator
The Administrator indicated that the main reasons for intervention in Mohokare Local Municipality included infighting among Municipal Councillors which resulted in the Municipal Council not sitting; allegations of fraud and misuse of funds leading to suspensions, charges as well as paralysis of the Municipal Council’s operations. Some of the noticeable achievements reported by the Administrator included creation of favorable climate for the Municipal Councillors to work together; development and passing of Integrated Development Planning (IDP) and the Budget; provision of technical and systems support; facilitation of filling of four Section 57 Managers vacant posts; introduction of systematic handling of problems and systems for effective service delivery.
Some of the key challenges reported included low morale in municipal workers; use of contract workers to complement workforce, ineffective management of municipal’s income-generating facilities; water supply shortage; insufficient income-generating due to depressed economic conditions; obsolete equipment for the maintenance of roads; streets; storm water drainage and poor solid waste management and lack of accountability of municipal investment grants funds.
4.2 Municipal Councillors
In their submission, the Municipal Councillors indicated that the divisions within Municipal Council started before 2006 with the nomination of the candidate for the Executive Mayor position; suspension of Municipal Manager and appointment of Acting Municipal Manager and Corporate Service Manager. The Municipal Councillors stated that some of the political problems that affected effective functioning of the municipality related to appointment of Section 57 Managers, non implementation of Municipal Council’s resolutions, suspension of Municipal Manager by the Executive Mayor without Council’s approval and failure of the Speaker and Acting Municipal Manager to call Council meetings.
The Municipal Councillors indicated that some of the administrative problems that impacted on the smooth functioning of the municipality related to the purchasing of vehicles without Council approval, non implementation of council resolutions, lack of trained staff in finance department, consultant’s failure to design and implement municipal systems, poor quality of contractors in key development projects and the failure of the administration to comply with existing legislations. In support of the intervention, the Municipal Councillors indicated that significant progress in terms of the development of an IDP and Budgeting had been made since the appointment of the Administrator and that a plan has also been made for the appointment of Section 57 Managers.
4.3 South African Local Government Association (SALGA)
The Association indicated in the interest of service delivery that they support the intervention issued in terms of section 139. SALGA indicated that proper consultation process had been followed by the provincial government and the MEC in issuing the notice of intervention.
4.4 Free State Youth Commission
In their submission the Free State Youth Commission indicated that they welcomed and supported the intervention and the appointment of the Administrator. Noting the political and administrative problems identified by the MEC of Local Government and Housing, the Commission expressed the view that the intervention and the appointment of the Administrator would fast-track all the processes that have hampered youth development in the Mohokare Local Municipality, such as community participation; development of IDP; development of Local Economic Development; formulation and submission of budgets; re- establishment of the Youth Development Unit; implementation of Municipal Council’s resolutions; provision of service delivery within the local municipal area; development of Human Resource Policies, such as Skills Development Plan; Career Management and Succession planning as well as Employment Equity Plan.
The Commission stated that despite the efforts of advancing the youth development agenda through lobbying for the establishment of youth development units within municipalities, participation of youth commissioners in district Intergovernmental Relation Forums, deployment of commissioners in districts, participation of the Youth Commission in Premier’s Coordinating Forum and establishment of Inter- Municipal Forum on Youth Affairs, the municipality had failed to accelerate development of youth programmes (e.g. charcoal project, youth farm project, bakery project). Having stated their support for the intervention, the Commission recommended that:
• In the interest of ensuring acceleration of the youth development agenda, the Municipal Council should strive for political unity; • Regularize its meetings and perform its political, constitutional and legal mandates, both collectively and individually in order to ensure implementation of Council resolutions aimed at service delivery. • The Administrator should fast-track the process of re-establishing the youth unit within the municipality and put in place the turn- around strategy in consultation with the major stakeholders within the municipality and submits to the Municipal Council for consideration and adoption. • Speed-up the process of appointing Section 57 Managers. • Assist the Mohokare Local Municipality in developing a retention strategy and the development of recruitment and selection strategy as well as capacitating officials to provide services to the community. • The Department of Local Government and Housing should fast-track the forensic investigation and make the report accessible to the community in order to address allegations of financial misappropriation and non-compliance with existing legislation.
4.5 Organized Labour
The Union affiliates composed of COSATU, SADTU, NEHAWU, SAMMU, NUMSA, POPCRU and SACCAWU indicated that they jointly support the intervention issued by the Provincial Executive Council in terms of Section 139. Some of the concerns raised in support of the intervention related to the employees in acting capacity because posts are left vacant for longer periods of time, unequal treatment of employees, questionable appointment of certain candidates, lack of service delivery monitoring and evaluation system, loitering of employees due to lack of job descriptions.
In order to ensure effective and efficient functioning of the municipality, the unions recommended that the municipality should review the job description of employees as general workers, provide continuous consultation with major internal and external stakeholders, prioritize Batho Pele Principles and ensure transparency and participation of ward meetings on matters related to IDP and Budgeting.
4.6 Business Forum
The representatives from the Business Forum expressed their support of the notice of intervention as issued by the MEC of Local Government and Housing. The representatives raised concerns with regard to awarding of tenders to contractors not residing within the municipality, lack of service delivery, lack of municipal feedback on tender awards, lack of access to construction tenders, delay of payments by the municipality construction service providers, non- functionality of public toilets at taxi ranks, no recognition of local builders, lack of expansion programmes and land for small business developers.
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RECOMMENDATION AND WAY FORWARD
Having visited Mohokare Local Municipality, the Select Committee on Local Government and Administration recommends that:
• The National Council of Provinces approves the intervention issued by the Free-State MEC for Local Government and Housing.
• The Provincial Department of Local Government and Housing facilitate the appointment of a forensic investigation on alleged financial irregularities and mismanagement in the municipality.
• Provincial Department of Local Government and Housing ensures the fast tracking of the appointment of Section 57 Managers.
• The Mohokare Local Municipality ensures the implementation of good labour practices between the municipal management and organised labour and the functioning of Labour Forum in the Municipality. Furthermore, there should be adherence to the municipality’s orgonogram.
• There should be role clarification, capacity building and skilling of the municipal leadership.
• Furthermore, the Mohokare Local Municipality should also facilitate the signing of performance management contract and assessment of Section 57 Managers and implementation of code of good conduct and working relationship among Municipal Councillors and officials.
• The MEC’s office monitors the progress of the Municipality through the scrutinizing of periodic reports and a copy is forwarded to the NCOP.
• The intervention be reviewed after a period of six months, which is by 30 April 2009.
Report to be considered.
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Report of the Select Committee on Local Government and Administration on the oversight visit to Ditsobotla Local Municipality
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INTRODUCTION AND BACKGROUND
The fact finding visit by the Committee during the 28 and 29 October 2008 emanated from enforcement of Section 139 (1) (b) of the Constitution by the Provincial Executive Council (PEC). This was based on the alleged maladministration and financial mismanagement on the side of the Municipality, which consequently had a direct bearing on service delivery at Ditsobotla.
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OBJECTIVES
The objectives of the fact finding visit was for the Committee to assess the alleged problems and issues causing disfunctionality in the municipal administration; engage and interact with relevant stakeholders in order to solicit their opinions; and lastly to recommend to the National Council of Provinces (NCOP) for approval or disapproval of an intervention being applied to the Ditsobotla Local Municipality.
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DELEGATION
The delegation of the Committee consisted of the following members and officials:
• Hon B J Mkhaliphi – Chairperson (Mpumalamga Province) • Hon M Mzizi (Gauteng Province) • Hon Kgoshi M L Mokoena (Limpopo Province) • Hon A Moseki (North West Province) • Mr D Mokoena (Research Unit) • Mr M Manele (Committee Section)
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DISCUSSION
Below is a précis on the key issues raised and discussed by various stakeholders.
4.1 The Provincial Department of Developmental Local Government and Housing
The MEC of the Department indicated that the intervention was primarily based only on the aspects affecting administration. The Department briefed the delegation on the rationale and justification for invoking Section 139 of the Constitution. The presentation made focused on the following five key performance areas:
• Transformation and organisational development; • Basic service delivery; • Local economic development; • Financial viability and management; and • Good governance and public participation.
Transformation and organisational development The transformation and organisational development challenges that confronted the Ditsobotla Local Municipality included high vacancy rate of Section 57 Managers, lack of adopted policies including delegation of authority and lack of staff capacity to perform adequately in terms of municipal functions.
Basic Service Delivery
The service delivery challenges included shortage of water in areas such as Itsoseng, Coligny and Biesiesvlei. There were delays on housing due to lack of bulk services, limited technical capacity in the technical department and lack of operations and maintenance of infrastructure.
Local Economic Development
Lack of capacity in the LED Unit, non-functionality of Local Economic Development Forum and high unemployment levels especially among youth were all challenges identified with local economic development in the municipality.
Good Governance and Public Participation
Good governance and public participation challenges included lack of capacity for ward committees, resulting in poor functionality, conflicting roles of ward committees and Community Development Workers, Council meetings not regularly held and non-implementation of communication strategy.
4.2 Business Forum The Business Forum of Ditsobotla supported the intervention to the municipality and raised serious concerns related to lack of control, management of income, discipline, problems of street repairs, lack of shelters in taxi ranks, water services. The Forum emphasized the need for the Ditsobotla Local Municipality to form partnership in developing business plans, promoting emerging small business and the need to appoint qualified Municipal Manager and Chief Financial Officer in the Ditsobotla Local Municipality.
Mayoral Committee
The Mayoral Committee composed of the Speaker, Chief Whip and the Mayor, submitted their opinions and concerns relating to the intervention in terms of Section 139. The Speaker acknowledged that there had been political and administrative problems that contributed to the intervention. He indicated that after consultation with their provincial department, the Municipal Council was finally convinced of the importance of the intervention. The concerns raised by the Speaker included financial mismanagement in the Finance Department, forging of Municipal Council’s resolution by the officials, external political interference in the administration and non submission of reports by some of the municipal wards.
The Chief Whip acknowledged that the poor performance and management of the Ditsobotla Local Municipality had contributed to the issuing of the intervention. He indicated that due to lack of technical and funding support to the municipality, his office, did not support the intervention.
The Mayor raised concerns relating to administration and political unity within the Ditsobotla Local Municipality. Some of the concerns raised included nullification of the appointment of the Municipal Manager by Council, non-submission of financial statements by the Chief Financial Officer, administrative failures to pay third party, officials using RDP housing funds without the Municipal Council’s resolution and municipal officials insulting the Municipal Councillors.
One of the Executive Committee Members indicated that some of the Municipal Councillors were in support of the intervention issued in terms of Section 139. He acknowledged that the deployment of the Acting Municipal Manager had assisted the Ditsobotla Local Municipality to perform its functions. Some of the concerns raised by the Executive Committee Member in support of the intervention included vacant position of the Chief Financial Officer, lack of logistical, administrative and secretarial support to the Municipal Council, involvement of officials in politics and lack of professional service generally from the officials.
4.3 Organized Labour
The organized labour composed of South African Municipal Workers Union (SAMWU) and Independent Municipal and Allied Trade Union (IMATU), which submitted their concerns and opinions on the intervention issued in terms Section 139 of the Constitution. The SAMMU in support of the intervention raised concerns relating to lack of political leadership from the Mayor, lapsing of workers medical funds, managerial irregularities, municipal failure to pay third party funds, calling off of interviews by the Mayor, appointment of officials found guilty of corrupt practices and delays in the appointment of Section 57 Managers.
Furthermore, the representatives from IMATU in support of the intervention raised concerns relating to the delays in the appointment of Section 57 Managers, and lack of access to audit reports.
4.4 Municipal Councillors
The Municipal Councillors indicated that they were all supporting the intervention invoked by the MEC. In support of the intervention, they raised political and administrative concerns relating to problems and challenges within the Ditsobotla Local Municipality. Some of the political concerns raised by the Municipal Councillors included failure of the Mayor to organize strategic planning workshops, non- participation of the Municipal Councillors in the appointment of Section 57 Managers and the conduct of the Mayor with regard to intimidation. The administrative concerns included overdraft and inability to manage funds, deterioration and lack of administration leadership, failure of the administration to provide adequate logistical, secretarial and logistical support, signing cheques without submission of supporting documents, non-implementation of Municipal Council’s resolution and non-submission of financial statements on municipal expenditure. During the visit, the Committee reprimanded an official of Ditsobotla Local Municipality due to his conduct.
4.5 South African Local Government Association (SALGA)
SALGA in support of the intervention raised apprehension with regard to the management of the municipality. The major apprehension raised by the Association included high vacancy rate at strategic level, delays in the recruitment and appointment of Municipal Manager, non- deployment of experts within the Ditsobotla Local Municipality and inconsistency on matters relating to intergovernmental relations. The Association emphasized the need to fast track the process of appointing Municipal Manager and the implementation of the turn-around strategy and the harmonization of labour related matters.
4.6 Ward Committees
The Ward Committee Members from municipal wards 7, 9 and 15 were in support of the intervention, and subsequently raised a number of concerns related to the management of the municipality. Key issues raised included garbage collection problem, lack of consultation on matters related to intervention, non-recognition of ward committee members, lack of funding for the operations of Ward Committee members and lack of policies governing the utilization of resources.
4.7 Community Development Workers (CDWs)
The CDW’s who were in support of the intervention raised concerns related to communication and programmes. The concern raised was with regard to lack of communication between Political Office and the Community Development Workers. The programme concerns related to the lack of capacity building of CDWs within the Ditsobotla Local Municipality.
4.8 Senior Management
The Senior Management of Ditsobotla Local Municipality in support of the intervention remarked on political management of the municipality. The major concerns being political interference in the administration, poor relationship between officials and councillors, utilization of old financial systems, non materialization of the meeting of council sub committees, lack of performance management system, lack of cash flow systems, organisational structure not aligned to integrated development planning, irregularities in supply chain management and, non filling of critical positions within the municipality.
4.9 Select Committee Observations
The delegation of the Committee had observed and noted the good progress made by the Department and cooperation demonstrated by the municipality. The intervention did not take executive obligation, and it did not involve the appointment of an Administrator. A Municipal Manager has been seconded and the intervention has only focused on key performance areas that are related to service delivery. Since the secondment of the Municipal Manager, Ditsobotla Local Municipality has made progress in terms of resuscitating the labour forums and proper financial management.
The general challenges within the Ditsobotla Local Municipality rest on the following salient areas which needs immediate address:
• Municipal Finance Department; • Failure by the municipality to appoint the Municipal Manager and Chief Finance Officer; • Municipality’s absence of a personnel recruitment and retention strategy; • The council delays in taking resolutions impacted on the appointment of Section 57 Managers; and • Absence of good working relations between the Offices of the Mayor and the Speaker.
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RECOMMENDATION AND WAY FORWARD
Having visited Ditsobotla Local Municipality, the Select Committee on Local Government and Administration recommends that:
• The National Council of Provinces approves the interventions issued by the North-West MEC for Developmental Local Government and Housing.
• The Provincial Department of Developmental Local Government and Housing facilitate the appointment of a forensic investigation on alleged financial irregularities and mismanagement in Ditsobotla Local Municipality.
• Provincial Department of Developmental Local Government and Housing ensures the fast tracking of the appointment of Section 57 Managers and Municipal Manager.
• Ditsobotla Local Municipality ensures the implementation of good labour practices between the municipal management and organised labour and the functioning of Labour Forum in the municipality.
• Serious steps are taken by the Municipal Council to ensure that appropriate measures are undertaken in normalising the relationship between the Municipal Councillors and officials.
• The Municipal Council ensures the functioning of the Municipal Committees.
• Furthermore, the Ditsobotla Local Municipality should also facilitate the signing of performance management contract and assessment of Section 57 Managers and implementation of code of good conduct and working relationship among Councillors and officials.
• The MEC’s office monitors the progress of Ditsobotla Local Municipality through the scrutinizing of periodic reports and a copy is forwarded to the NCOP.
• The intervention be reviewed after a period of six months, which is by 30 April 2009.
Report to be considered.
WEDNESDAY, 26 NOVEMBER 2008
ANNOUNCEMENTS
National Council of Provinces
The Chairperson
- Membership of Committees
The following member has been appointed to serve on the Ad Hoc
Committee on the National Youth Development Agency Bill:
ANC
Mkono, Mr D G
COMMITTEE REPORTS
National Council of Provinces
The first two reports below replace item 1 under “Committee Reports –National Council of Provinces” published in the Announcements, Tablings and Committee Reports of 19 November 2008, p 2304:
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First report of the Select Committee on Security and Constitutional Affairs on the Judicial Matters Amendment Bill [B48B-2008 (Reprint)] (National Assembly), dated 18 November 2008:
The Select Committee on Security and Constitutional Affairs, having considered the Judicial Matters Amendment Bill [B48B-2008 (Reprint)] (National Assembly – sec 75) referred to it, reports that it agrees to the Bill. -
Second report of the Select Committee on Security and Constitutional Affairs on the Judicial Matters Amendment Bill [B 48B-2008 (Reprint)] (National Assembly), dated 18 November 2008:
The Select Committee on Security and Constitutional Affairs, having agreed to the Judicial Matters Amendment Bill [B48B-2008 (Reprint)] (National Assembly – sec 75) referred to it, makes the following comments: The Committee recognises that the Bill is intended to address a whole range of practical issues in the administration of justice, which will, among others, enhance – (a) access to justice; (b) organisational efficiency; and (c) the transformation of justice services.Although the Committee raised a number of questions and concerns, it was of the view that the Bill should be enacted and implemented as soon as possible because of the positive aspects contained in it.
The Committee therefore requests the Department of Justice and Constitutional Development to report back to it within one year after the adoption of this report by the House on the following aspects/concerns which were raised during its deliberations on the Bill:
(a) Clause 1: Concealment of birth: Although this provision, requiring, among others, that there must be a lawful burial order before a newly born child’s body can be disposed of, has been on the Statute Book since 1935, the Department is requested to investigate and report back on how this provision could impact on certain customary law practices in terms of which the bodies of newly born children are, in certain circumstances, disposed of, might seem to amount to the concealment of birth of a newly born child. The law must take these practices into account so as to ensure that criminal charges and prosecutions are only brought where there is an unlawful intention to conceal the birth of a child.
(b) Clauses 5 to 8, 17 and 39: Admission of guilt fines: The Department must, during the implementation of these provisions, consult with other stakeholders, for instance the Department of Transport in respect of road traffic offences and the provincial and local spheres of government to ensure that there is no conflict in what these various stakeholders are striving to achieve in implementing their respective policies.
(c) Clause 9: Amendment of section 60 of the Criminal Procedure Act, 1977: Payment of bail money: The Committee requests the Department to explore other methods of payment of bail money so as to ensure that the latest technology is used to its full potential, for instance payment of bail money by means of credit cards. Every effort must be made to ensure that cash payments are used only where necessary.
(d) Clause 18: Amendment of section 18 of the Matrimonial Property Act, 1984: The Department is requested to investigate and report back on how the law in this regard could impact negatively on children who might be deprived of benefits accruing to them from their parents’ estates as a result of their parents’ litigation. The impact of the law in this regard on spouses in terms of customary law must also be investigated and reported on.
(e) Clauses 23 to 26: Amendments to the Debt Collectors Act, 1998: The Committee raised a general concern that persons who land themselves in debt often have to pay enormous amounts of interest when repaying their debts. The Department is requested to report back on how the Debt Collectors Act is intended to address this problem and whether its provisions are adequate in this regard, and if not, what further measures can be put in place to ensure that the Act achieves its goals.
(f) Clause 36: Amendment of section 42 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007: While the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, correctly singles out sexual offences committed against children and mentally disabled persons, providing for the particulars of perpetrators to be included in the National Register for Sex Offenders, it would seem as if sexual offences against elderly persons and infirm persons do not seem to receive the same attention. The Department is requested to revert to the Committee on this aspect.
- Report of the Select Committee on Security and Constitutional Affairs on the Amending Draft Notice and Schedule submitted in terms of section 2(4) of the Judges Remuneration and Conditions of Employment Act, 2001 (Act No 47 of 2001), determining the rate at which salaries are payable to Constitutional Court judges and judges annually, dated 18 November 2008: The Select Committee on Security and Constitutional Affairs, having considered the Amending Draft Notice and Schedule submitted in terms of section 2(4) of the Judges Remuneration and Conditions of Employment Act, 2001 (Act No 47 of 2001), determining the rate at which salaries are payable to Constitutional Court judges and judges annually, referred to it, recommends that the Council approves the said Amending Draft Notice and Schedule.
Report to be considered.
-
Report of the Ad Hoc Committee to consider legislation on the National Youth Development Agency on the National Youth Development Agency Bill [B82—2008] (National Assembly—sec 75), dated 26 November 2008:
The Ad Hoc Committee to consider legislation on the National Youth Development Agency, having considered the subject of the National Youth Development Agency Bill [Bill 82—2008] (National Assembly—sec 75), referred to it, reports that it agrees to the Bill.
THURSDAY, 27 NOVEMBER 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 27 November
2008:
a) Judicial Matters Amendment Bill [B 48B – 2008 (Reprint)]
(National Assembly – sec 75).
b) National Youth Development Agency Bill [B 82 – 2008]
(National Assembly – sec 75). National Council of Provinces
- Referral to Committees of papers tabled
1. The following papers are referred to the Select Committee on
Finance for consideration and report:
(a) Annual Report of the Bank Supervision Department of the
South African Reserve Bank for 2007.
(b) Annual Report of the Registrar of Friendly Societies for
2006.
The following papers are referred to the Select Committee on Education
and Recreation for consideration and report:
2. Report and Financial Statements of Vote 18 – Department of Sport
and Recreation South Africa for 2007-2008, including the Report of
the Auditor-General on the Financial Statements and Performance
Information of Vote 18 for 2007-2008 [RP 250-2008].
(a) Report and Financial Statements of Vote 13 – Department of
Arts and Culture for 2007-2008, including the Report of the
Auditor-General on the Financial Statements and Performance
Information of Vote 13 for 2007-2008.
(b) Report and Financial Statements of the Council for Quality
Assurance in General and Further Education and Training –
Umalusi for 2007-2008, including the Report of the Independent
Auditors on the Financial Statements for 2007-2008.
(c) Report and Financial Statements of the South African
Council for Natural Scientific Professions for 2007-2008,
including the Report of the Independent Auditors on the
Financial Statements for 2007-2008.
(d) Report and Financial Statements of the South African
National Energy Research Institute (Pty) Ltd for 2007-2008,
including the Report of the Auditor-General on the Financial
Statements and Performance Information for 2007-2008.
(f) Report and Financial Statements of the National Arts
Council of South Africa for 2007-2008, including the Report of
the Auditor-General on the Financial Statements and
Performance Information for 2007-2008 [RP 188-2008].
3. The following papers are referred to the Select Committee on
Labour and Public Enterprises for consideration and report:
(a) Report and Financial Statements of Pebble Bed Modular
Reactor (Pty) Limited for 2007-2008, including the Report of
the Independent Auditors on the Financial Statements for 2007-
2008.
(b) Report and Financial Statements of Eskom Holdings Limited
for 2007-2008, including the Report of the Independent
Auditors on the Financial Statements for 2007-2008.
4. The following paper is referred to the Select Committee on
Labour and Public Enterprises for consideration and report. The
report is also referred to the Select Committee on Land and
Environmental Affairs in accordance with its mandate:
a) Report and Financial Statements of Agriculture Sector Education
and Training Authority for 2007-2008, including the Report of
the Auditor-General on the Financial Statements and Performance
Information for 2007-2008 [RP 67-2008].
5. The following papers are referred to the Select Committee on
Labour and Public Enterprises for consideration and report. The
reports are also referred to the Select Committee on Finance in
accordance with its mandate:
(a) Report and Financial Statements of the Finance,
Accounting, Management Consulting and other Financial Services
Sector Education and Training Authority for 2007-2008,
including the Report of the Auditor-General on the Financial
Statements and Performance Information for 2007-2008 [RP 74-
2008].
b) Report and Financial Statements of the Banking Sector Education
and Training Authority (Bank-Seta) for 2007-2008, including the
Report of the Auditor-General on the Financial Statements for
2007-2008 [RP 68-2008].
c) Report and Financial Statements of the Insurance Sector
Education and Training Authority (Inseta) for 2007-2008,
including the Report of the Auditor-General on the Financial
Statements and Performance Information for 2007-2008 [RP 79-
2008].
6. The following papers are referred to the Select Committee on
Finance for consideration:
(a) Local Government Budgets and Expenditure Review (2008),
2003/04 - 2009/10 [RP 113-2008].
(b) Municipal Budgets for the 2008 Medium-Term Revenue and
Expenditure Framework (MTREF).
7. The following papers are referred to the Select Committee on
Labour and Public Enterprises for consideration and report:
(a) Report and Financial Statements of Productivity SA for
2007-2008, including the Report of the Independent Auditors on
the Financial Statements for 2007-2008.
(b) Report and Financial Statements of the Media, Advertising,
Publishing, Printing and Packaging Sector Education and
Training Authority (MAPPP-Seta) for 2007-2008, including the
Report of the Auditor-General on the Financial Statements and
Performance Information for 2007-2008 [RP 81-2008].
8. The following paper is referred to the Select Committee on
Labour and Public Enterprises for consideration and report. The
report is also referred to the Select Committee on Economic and
Foreign Affairs in accordance with its mandate:
(a) Report and Financial Statements Clothing, Textiles,
Footwear and Leather Sector Education and Training Authority
(CTFL-Seta) for 2007-2008, including the Report of the Auditor-
General on the Financial Statements for 2007-2008 [RP 70-2008].
9. The following papers are referred to the Select Committee on
Land and Environmental Affairs for consideration:
(a) 2007-2008 Yearly Report to Parliament in terms of section
26(1) of the National Environmental Management Act (NEMA), 1998
(Act No 107 of 1998).
(b) 2005-2006 Yearly Report to Parliament in terms of section
26(1) of the National Environmental Management Act (NEMA), 1998
(Act No 107 of 1998).
(c) General Notice No 1052 published in Government Gazette No
31367 dated 27 August 2008: Nominations for appointment of
suitable persons to serve as members of the Board of South
African National Parks, in terms of the National Environmental
Management: Protected Areas Act, 2003 (Act No 57 of 2003).
(d) Government Notice No 916 published in Government Gazette
No 31360 dated 29 August 2008: Threatened or Protected Species:
Second Amendments Regulation – 2008, in terms of the National
Environmental Management: Biodiversity Act, 2004 (Act No 10 of
2004).
(e) Government Notice No 917 published in Government Gazette
No 31360 dated 29 August 2008: Threatened or Protected Species:
Second Amendments Regulation – 2008, in terms of the National
Environmental Management: Biodiversity Act, 2004 (Act No 10 of
2004).
(f) Government Notice No 949 published in Government Gazette
No 31380 dated 5 September 2008: Declaration of intention to
propose extensions from, and a buffer zone for the fossil
hominid sites of Sterkfontein, Swartkrans, Kromdraai and the
environs (Cradle of Humankind), in terms of the National
Environmental Management: Protected Areas Act, 2003 (Act No 57
of 2003) and the World Heritage Convention Act, 1999 (Act No 49
of 1999).
(g) General Notice No 1138 published in Government Gazette No
31415 dated 15 September 2008: Second Edition Environmental
Implementation and Management Plan (EIMP).
(h) Government Notice No 949 published in Government Gazette
No 31380 dated 5 September 2008: Declaration of intention to
propose extensions to and exclusions from, and a buffer zone
for the fossil hominid sites of Sterkfontein, Swartkrans,
Kromdraai and the environs (Cradle of Humankind), in term of
the National Environmental Management: Protected Areas Act,
2003 (Act No 57 of 2003).
(i) General Notice No 1138 published in Government Gazette No
31415 dated 15 September 2008: Second Edition Environmental
Implementation and Management Plan (EIMP) – March 2008.
(j) Government Notice No 1054 published in Government Gazette
No 31461 dated 3 October 2008: Declaration of Land to be part
of Augrabies Falls National Park, in terms of the National
Environmental Management: Protected Areas Act, 2003 (Act No 57
of 2003).
(k) Government Notice No 1055 published in Government Gazette
No 31461 dated 3 October 2008: Declaration of Land to be part
of Agulhas National Park, in terms of the National
Environmental Management: Protected Areas Act, 2003 (Act No 57
of 2003).
(l) Government Notice No 1056 published in Government Gazette
No 31461 dated 3 October 2008: Declaration of Land to be part
of Mapungubwe National Park, in terms of the National
Environmental Management: Protected Areas Act, 2003 (Act No 57
of 2003).
(m) Government Notice No 1057 published in Government Gazette
No 31461 dated 3 October 2008: Declaration of Land to be part
of Namaqua National Park, in terms of the National
Environmental Management: Protected Areas Act, 2003 (Act No 57
of 2003).
(n) Government Notice No 1058 published in Government Gazette
No 31461 dated 3 October 2008: Declaration of Land to be part
of Marakele National Park, in terms of the National
Environmental Management: Protected Areas Act, 2003 (Act No 57
of 2003).
(o) General Notice No 1264 published in Government Gazette No
31495 dated 6 October 2008: Submission of names of persons fit
to be appointed to serve as members of the South African
Tourism Board, in terms of the Tourism Act, 1993 (Act No 72 of
1993).
(p) Government Notice No 1108 published in Government Gazette
No 31516 dated 17 October 2008: Regulations on the Stilbaai
Marine Protected Area, in terms of the Marine Living Resources
Act, 1998 (Act No 18 of 1998).
(q) Government Notice No 1109 published in Government Gazette
No 31517 dated 17 October 2008: Notice declaring the Stilbaai
Marine Protected Area under section 43 to be a marine
protected area, in terms of the Marine Living Resources Act,
1998 (Act No 18 of 1998).
(r) Government Notice No 1110 published in Government Gazette
No 31517 dated 17 October 2008: Draft notice of fees payable
in respect of applications for, and the issuing or granting of
rights, permits and licences, in terms of section 25 of the
Marine Living Resources Act, 1998 (Act No 18 of 1998) for
recreational scuba diving in the Maputaland and St Lucia
Marine Protected Areas; and in the Stilbaai and proposed
Border Region Marine Protected Area upon declaration.
10. The following paper is referred to the Select Committee on
Security and Constitutional Affairs and the Joint Standing
Committee on Defence:
(a) The President of the Republic submitted a letter dated 31
July 2008 to the Speaker of the National Assembly informing
Members of the Assembly of the employment of the South African
National Defence Force in Uganda, for service in fulfilment of
the International Obligations of the Republic of South Africa
towards the Republic of Uganda.
11. The following paper is referred to the Select Committee on
Labour and Public Enterprises for consideration and report. The
report is also referred to the Select Committee on Security and
Constitutional affairs in accordance with its mandate:
(a) Report and Financial Statements of the Safety and Security
Sector Education and Training Authority (SAS-Seta) for 2007-
2008, including the Report of the Auditor-General on the
Financial Statements and Performance Information for 2007-2008
[RP 84-2008].
12. The following papers are referred to the Select Committee on
Labour and Public Enterprises for consideration and report. The
reports are also referred to the Select Committee on Economic and
Foreign Affairs in accordance with its mandate:
(a) Report and Financial Statements of the Manufacturing,
Engineering and Related Services Sector Education and Training
Authority (MER-Seta) for 2007-2008, including the Report of the
Auditor-General on the Financial Statements and Performance
Information for 2007-2008 [RP 82-2008].
(b) Report and Financial Statements of Services Sector
Education and Training Authority for 2007-2008, including the
Report of the Auditor-General on the Financial Statements and
Performance Information for 2007-2008 [RP 88-2008].
(c) Report and Financial Statements of the Food and Beverages
Manufacturing Industry Sector Education and Training Authority
for 2007-2008, including the Report of the Auditor-General on
the Financial Statements and Performance Information for 2007-
2008 [RP 75-2008].
(d) Report and Financial Statements of the Wholesale and
Retail Sector Education and Training Authority for 2007-2008,
including the Report of the Auditor-General on the Financial
Statements and Performance Information for 2007-2008 [RP 88-
2008].
13. The following paper is referred to the Select Committee on Labour
and Public Enterprises for consideration and report. The report is
also referred to the Select Committee on Land and Environmental
Affairs in accordance with its mandate:
a) Report and Financial Statements of the Forest Industries
Education and Training Authority (FIETA) for 2007-2008,
including the Report of the Auditor-General on the Financial
Statements and Performance Information for 2007-2008 [RP 76-
2008].
14. The following paper is referred to the Select Committee on
Labour and Public Enterprises for consideration and report:
(a) Report and Financial Statements of Department of Labour –
Vote 16 for 2007-2008, including the Report of the Auditor-
General on the Financial Statements and Performance Information
for 2007-2008 and the Report of the Auditor-General on the
Financial Statements and Performance Information of the
Sheltered Employment Factories for 2007-2008 [RP 60-2008].
15. The following paper is referred to the Select Committee on
Labour and Public Enterprises and the Joint Monitoring Committee on
Improvement of Quality of life and Status of Children, Youth and
Disabled Persons for consideration and report:
(a) Report and Financial Statements of Umsobomvu Youth Fund
for 2007-2008, including the Report of the Independent
Auditors on the Financial Statements for 2007-2008.
16. The following paper is referred to the Select Committee on
Labour and Public Enterprises for consideration and report. The
report is also referred to the Select Committee on Public Services
in accordance with its mandate:
(a) Report and Financial Statements of Transport Education and
Training Authority for 2007-2008, including the Report of the
Auditor-General on the Financial Statements and Performance
Information for 2007-2008 [RP 87-2008].
17. The following paper is referred to the Select Committee on
Labour and Public Enterprises for consideration and report. The
report is also referred to the Select Committee on Economic and
Foreign Affairs in accordance with its mandate:
a) Report and Financial Statements of Mining Qualifications
Authority for 2007-2008, including the Report of the Auditor-
General on the Financial Statements and Performance Information
for 2007-2008 [RP 86-2008].
18. The following paper is referred to the Select Committee on
Labour and Public Enterprises for consideration and report:
(a) Report and Financial Statements of Alexkor for 2007-2008,
including the Report of the Independent Auditors for 2007-2008.
19. The following paper is referred to the Select Committee on Land
and Environmental Affairs for consideration:
(a) Government Notice No 808 published in the Government
Gazette No 31281 dated 1 August 2008: Intention to declare
certain land situated in the Harrismith and Bethlehem
Registration Division, Free State Area as part of the Golden
Gate Highlands National Park, made in terms of section 33(1)(a)
of the National Environment: Protected Areas Act, 2003 (Act No
57 of 2003).
20. The following paper is referred to the Select Committee on Land
and Environmental Affairs:
(a) Government Notice No 835 published in the Government
Gazette No 31301 dated 8 August 2008: National Moratorium on
the trade of individual Rhinoceros Horns within South Africa,
made in terms of section 57(2) of the National Environment:
Biodiversity Act, 2004 (Act No 10 of 2004).
21. The following papers are referred to the Select Committee on
Land and Environmental Affairs for consideration and report:
(a) Report and Financial Statements of the Isimangaliso
Wetland Park Authority for 2007-2008, including the Report of
the Auditor-General on the Financial Statements and Performance
Information for 2007-2008 and the Report of the Auditor-General
on the Financial Statements and Performance Information of the
People and Parks Development for 2007-2008.
(b) The Report and Financial Statements of Onderstepoort
Biological Products Limited for 2007-2008, including the Report
of the Independent Auditors on the Financial Statements for
2007-2008.
22. The following papers are referred to the Select Committee on
Labour and Public Enterprises for consideration and report:
(a) Report and Financial Statements of the Commission for
Conciliation, Mediation and Arbitration (CCMA) for 2007-2008,
including the Report of the Auditor-General on the Financial
Statements and Performance Information for 2007-2008 [RP 55-
2008].
b) Report and Financial Statements of the Compensation Fund for
2007-2008, including the Report of the Auditor-General on the
Financial Statements and Performance Information for 2007-2008
[RP 64-2008].
c) Report and Financial Statements of the Unemployment Insurance
Fund (UIF) for 2006-2006, including the Report of the Auditor-
General on the Financial Statements and Performance Information
for 2007-2008 [RP 201-2008].
(d) Report and Financial Statements of the National Economic
Development and Labour Council (NEDLAC) for 2007-2008,
including the Report of the Independent Auditors on the
Financial Statements for 2007-2008.
(e) Report and Financial Statements of Vote 30 – Department of
Public Enterprises for 2007-2008, including the Report of the
Auditor-General on the Financial Statements and Performance
Information of Vote 30 for 2007-2008 [RP 156-2008].
(f) Report and Financial Statements of the South African
Forestry Company Limited (SAFCOL) for 2007-2008, including the
Report of the Independent Auditors on the Financial Statements
for 2007-2008.
(g) Report and Financial Statements of South African Airways
(Proprietary) Limited (SAA) for 2007-2008, including the Report
of the Independent Auditors on the Financial Statements for
2007-2008.
(h) Report and Financial Statements of Broadband Infraco (Pty)
Limited for 2007-2008, including the Report of the Independent
Auditors on the Financial Statements for 2007-2008.
(i) Report and Financial Statements of the South African
Broadcasting Corporation Limited (SABC) for 2007-2008,
including the Report of the Independent Auditors on the
Financial Statements for 2007-2008.
23. The following paper is referred to the Select Committee on
Labour and Public Enterprises for consideration and report and to
the Select Committee on Economic and Foreign Affairs:
(a) Report and Financial Statements of the Chemical Industries
Education and Training Authority (CHIETA) for 2007-2008,
including the Report of the Auditor-General on the Financial
Statements and Performance Information for 2007-2008 [RP 69-
2008].
24. The following papers are referred to the Select Committee on
Labour and Public Enterprises for consideration and report:
(a) Report and Financial Statements of the International
Marketing Council of South Africa (IMC) for 2007-2008,
including the Report of the Auditor-General on the Financial
Statements and Performance Information for 2007-2008 [RP 144-
2007].
(b) Report and Financial Statements of Sentech Limited for
2007-2008, including the Report of the Independent Auditors
on the Financial Statements for 2007-2008.
(c) Report and Financial Statements of the South African Post
Office Limited for 2007-2008, including the Report of the
Independent Auditors on the Financial Statements for 2007-2008.
(d) Report and Financial Statements of the Independent
Communications Authority of South Africa for 2007-2008,
including the Report of the Auditor-General on the Financial
Statements and Performance Information for 2007-2008 [RP 239-
2008].
25. The following papers are referred to the Select Committee on
Land and Environmental Affairs for consideration and report:
(a) Report and Financial Statements of Vote 26 – Department of
Environmental Affairs and Tourism for 2007-2008, including the
Report of the Auditor-General on the Financial Statements and
Performance Information of Vote 26 for 2007-2008 [RP 53-2008].
(b) Report and Financial Statements of South African Tourism
for 2007-2008, including the Report of the Auditor-General on
the Financial Statements and Performance Information for 2007-
2008.
(c) Report and Financial Statements of the South African
Weather Service (SAWS) for 2007-2008, including the Report of
the Auditor-General on the Financial Statements and Performance
Information for 2007-2008 [RP 197-2008].
(d) Report and Financial Statements of the South African
National Biodiversity Institute (SANBI) for 2007-2008,
including the Report of the Auditor-General on the Financial
Statements and Performance Information for 2007-2008.
(e) Report and Financial Statements of the Marine Living
Resources Fund for 2007-2008, including the Report of the
Auditor-General on the Financial Statements and Performance
Information for 2007-2008 [RP 190-2008].
(f) Report and Financial Statements of the National
Environmental Advisory Forum (NEAF) for 2007-2008 [RP 101-
2008].
26. The following papers are referred to the Select Committee on
Security and Constitutional Affairs for consideration and report:
(a) Report and Financial Statements of the Office of the
Public Protector for 2007-2008, including the Report of the
Auditor-General on the Financial Statements and Performance
Information for 2007-2008 [RP 211-2008].
b) Report and Financial Statements of Parliament of the South
African Human Rights Commission for 2007-2008, including the
Report of the Auditor-General on the Financial Statements and
Performance Information for 2007-2008 [RP 89-2008].
c) Report and Financial Statements of the Legal Aid Board for 2007-
2008, including the Report of the Auditor-General on the
Financial Statements and Performance Information for 2007-2008
[RP 97-2008].
d) Report and Financial Statements of the Special Investigating
Unit (SIU) for 2007-2008, including the Report of the Auditor-
General on the Financial Statements and Performance Information
for 2007-2008 [RP 214-2008].
27. The following paper is referred to the Select Committee on
Social Services for consideration:
(a) Annual Performance Plan (Revised) of the Department of
Home Affairs for 2007-2008.
28. The following papers are referred to the Select Committee on
Security and Constitutional Affairs for consideration:
(a) Report of the Public Protector on an Investigation into
the Causes of Delays in the Administration of Criminal Appeals
lodged by Prisoners [Report No 10 of 2008-2009].
b) Report of the Public Protector on Systematic Investigation
into the Deficiencies with the Processing of Pension Benefits
payable to Former Government Employees and their Dependants
[Report No 11 of 2008-2009].
c) Report of the Public Protector on an Investigation into an
Allegation of the Misappropriation of Public Funds by the
Kungwini Local Municipality in the Gauteng Province [Report No
12 of 2008-2009].
(d) Draft amendment regulations made in terms of Public
Funding of Represented Political Parties Act, 1997 (Act No. 103
of 1997), and submitted to Parliament in terms of section 10 of
the Act.
29. The following paper is referred to the Select Committee on
Social Services for consideration and report:
(a) Report and Financial Statements of the Electoral
Commission for 2007-2008, including the Report of the Auditor-
General on the Financial Statements and Performance Information
for 2007-2008.
30. The following papers are referred to the Select Committee on
Education and Recreation for consideration and report:
(a) Report and Financial Statements of the Department of
Education Vote 14 for 2007-2008, including the Report of the
Auditor-General on the Financial Statements and Performance
Information for 2007-2008 [RP 220-2008].
(b) Report and Financial Statements of the National Student
Financial Aid Scheme for 2007-2008, including the Report of the
Auditor-General on the Financial Statements and Performance
Information for 2007-2008.
(c) Report and Financial Statements of the South African
Qualifications Authority for 2007-2008, including the Report of
the Auditor-General on the Financial Statements and Performance
Information for 2007-2008 [RP 149-2008].
(d) Report and Financial Statements of the Education Labour
Relations Council for 2007-2008, including the Report of the
Auditor-General on the Financial Statements and Performance
Information for 2007-2008 and the Report of the Auditor-General
on the Transformation Fund of the Education Labour Relations
Council for 2007-2008 [RP 136-2008].
(e) Report and Financial Statements of the Council on Higher
Education for 2007-2008, including the Report of the Auditor-
General on the Financial Statements and Performance Information
for 2007-2008.
31. The following paper is referred to the Select Committee on
Labour and Public Enterprises for consideration and report. The
report is also referred to the Select Committee on Local Government
and Administration in accordance with its mandate:
(a) Report and Financial Statements of the Local Government
Sector Education and Training Authority for 2007-2008,
including the Report of the Auditor-General on the Financial
Statements and Performance Information for 2007-2008 [RP 80-
2008].
32. The following paper is referred to the Select Committee on
Labour and Public Enterprises for consideration and report. The
report is also referred to the Select Committee on Economic and
Foreign Affairs in accordance with its mandate:
(a) Report and Financial Statements of the Energy Sector
Education and Training Authority for 2007-2008, including the
Report of the Auditor-General on the Financial Statements and
Performance Information for 2007-2008 [RP 73-2008].
33. The following paper is referred to the Select Committee on
Labour and Public Enterprises for consideration and report. The
report is also referred to the Select Committee on Social Services
in accordance with its mandate:
(a) Report and Financial Statements of the Health and Welfare
Sector Education and Training Authority for 2007-2008,
including the Report of the Auditor-General on the Financial
Statements and Performance Information for 2007-2008 [RP 77-
2008].
34. The following paper is referred to the Select Committee on
Labour and Public Enterprises for consideration and report. The
report is also referred to the Select Committee on Education and
Recreation in accordance with its mandate:
(a) Report and Financial Statements of Education Training and
Development Practices Sector Education and Training Authority
for 2007-2008, including the Report of the Auditor-General on
the Financial Statements and Performance Information for 2007-
2008 [RP 72-2008].
35. The following paper is referred to the Select Committee on
Labour and Public Enterprises for consideration and report. The
report is also referred to the Select Committee on Land and
Environmental Affairs and the Select Committee Education and
Recreation in accordance with its mandate:
(a) Report and Financial Statements of the Tourism,
Hospitality and Sport Education and Training Authority (Theta)
for 2007-2008, including the Report of the Auditor-General on
the Financial Statements and Performance information for 2007-
2008 [RP 128-2008].
36. The following paper is referred to the Select Committee on
Labour and Public Enterprises for consideration and report. The
report is also referred to the Select Committee on Education and
Recreation in accordance with its mandate:
(a) Report and Financial Statements of the Information
Systems, Electronics and Telecommunications Technologies Sector
Education and Training Authority (ISETT-Seta) for 2007-2008,
including the Report of the Auditor-General on the Financial
Statements and Performance Information for 2007-2008 [RP 78-
2008].
37. The following papers are referred to the Select Committee on
Education and Recreation for consideration and report:
(a) Report and Financial Statements of the South African State
Theatre for 2007-2008, including the Report of the Auditor-
General on the Financial Statements and Performance Information
for 2007-2008 [RP 224-2008].
(b) Report and Financial Statements of the
Msunduzi/Voortrekker and Ncome Museums for 2007-2008, including
the Report of the Auditor-General on the Financial Statements
and Performance Information for 2007-2008 [PR 160-2008].
(c) Report and Financial Statements of the National English
Literary Museum for 2007-2008, including the Report of the
Auditor-General on the Financial Statements and Performance
Information for 2007-2008.
(d) Report and Financial Statements of the Market Theatre
Foundation for 2007-2008, including the Report of the Auditor-
General on the Financial Statements and Performance Information
for 2007-2008 [RP 102-2008].
(e) Report and Financial Statements of Blind SA for 2007-2008,
including the Report of the Independent Auditors on the
Financial Statements for 2007-2008.
(f) Report and Financial Statements of the National Museum –
Bloemfontein for 2007-2008, including the Report of the Auditor-
General on the Financial Statements and Performance Information
for 2007-2008.
(g) Report and Financial Statements of the Iziko Museums of
Cape Town for 2007-2008, including the Report of the Auditor-
General on the Financial Statements and Performance Information
for 2007-2008 [RP 185-2008].
h) Report and Financial Statements of the War Museum of the Boer
Republics for 2007-2008, including the Report of the Auditor-
General on the Financial Statements for 2007-2008.
i) Report and Financial Statements of the National Film and Video
Foundation (NFVF) for 2007-2008, including the Report of the
Auditor-General on the Financial Statements and Performance
Information for 2007-2008 [RP 176-2008].
j) Report and Financial Statements of Artscape for 2007-2008,
including the Report of the Auditor-General on the Financial
Statements and Performance Information for 2007-2008 [RP 189-
2008].
k) Report and Financial Statements of The Freedom Park Trust for
2007-2008, including the Report of the Auditor-General on the
Financial Statements and Performance Information for 2007-2008.
l) Report and Financial Statements of the William Humphreys Art
Gallery for 2007-2008, including the Report of the Auditor-
General on the Financial Statements and Performance Information
for 2007-2008.
m) Report and Financial Statements of Business and Arts South
Africa (BASA) for 2007-2008, including the Report of the
Independent Auditors on the Financial Statements for 2007-2008
[RP 166-2008].
n) Report and Financial Statements of the Natal Museum for 2007-
2008, including the Report of the Auditor-General on the
Financial Statements for 2007-2008 [RP 158-2008].
o) Report and Financial Statements of the Pan South African
Language Board (PANSALB) 2007-2008, including the Report of the
Auditor-General on the Financial Statements and Performance
Information for 2007-2008 [RP 137-2008].
p) Report and Financial Statements of the National Heritage
Council for 2007-2008, including the Report of the Auditor-
General on the Financial Statements and Performance Information
for 2007-2008 [RP 203-2008].
q) Report and Financial Statements of The Playhouse Company for
2007-2008, including the Report of the Auditor-General on the
Financial Statements and Performance Information for 2007-2008.
r) Report and Financial Statements of the Nelson Mandela National
Museum for 2007-2008, including the Report of the Auditor-
General on the Financial Statements and Performance Information
for 2007-2008 [RP 202-2008].
s) Report and Financial Statements of the Afrikaans Language
Museum en Language Monument for 2007-2008, including the Report
of the Auditor-General on the Financial Statements and
Performance Information for 2007-2008 [RP 161-2008].
t) Report and Financial Statements of the South African Heritage
Resources Agency (SAHRA) for 2007-2008, including the Report of
the Auditor-General on the Financial Statements and Performance
Information for 2007-2008 [RP 192-2008].
u) Report and Financial Statements of the South African Library
for the Blind for 2007-2008, including the Report of the
Auditor-General on the Financial Statements and Performance
Information for 2007-2008.
v) Report and Financial Statements of the Northern Flagship
Institution for 2007-2008, including the Report of the Auditor-
General on the Financial Statements and Performance Information
for 2007-2008 [RP 164-2008].
w) Report and Financial Statements of the Windybrow Centre for the
Arts for 2007-2008, including the Report of the Auditor-General
on the Financial Statements and Performance Information for
2007-2008.
x) Report and Financial Statements of the National Library of
South Africa for 2007-2008, including the Report of the Auditor-
General on the Financial Statements and Performance Information
for 2007-2008 [RP 222-2008].
y) Report and Financial Statements of the Luthuli Museum for 2007-
2008, including the Report of the Auditor-General on the
Financial Statements and Performance Information for 2007-2008
[RP 181-2008].
38. The following papers are referred to the Select Committee on
Finance for consideration and report:
(a) Annual Financial Statements of the Corporation for Public
Deposits for 2007-2008, including the Report of the Independent
Auditors on the Financial Statements for 2007-2008.
(b) Report and Financial Statements of the Accounting
Standards Board for 2007-2008, including the Report of the
Independent Auditors on the Financial Statements and
Performance Information for 2007-2008 [RP 109-2008].
(c) Report and Financial Statements of the Office of the
Auditor-General for 2007-2008, including the Report of the
Independent Auditors on the Financial Statements and
Performance Information for 2007-2008 [RP 235-2008].
(d) Report and Financial Statements of the Government
Employees Pension Fund (GEPF) for 2007-2008, including the
Report of the Independent Auditors on the Financial Statements
for 2007-2008 [RP 148-2008].
(e) Report and Financial Statements of the Reconstruction and
Development Programme Fund for 2007-2008, including the Report
of the Auditor-General on the Financial Statements for 2007-
2008 [RP 269-2008].
39. The following papers are referred to the Select Committee on
Finance:
(a) Government Notice No 871 published in Government Gazette
No 31336 dated 15 August 2008: Appointment of Board members of
the Co-operative Banks Development Agency, in terms of section
58 of the Co-operative Banks Act, 2007 (Act No 40 of 2007).
(b) Government Notice No 887 published in Government Gazette
No 31342 dated 22 August 2008: Designation of Institution of
which the activities do not fall within the meaning of “The
Business of a Bank” (“Financial Service Co-operative”), in
terms of the Banks Act, 1990 (Act No 94 of 1990).
(c) Government Notice No 880 published in Government Gazette
No 31342 dated 22 August 2008: Amendment of Schedule No 1 (No
1/1/1360), in terms of the Customs and Excise Act, 1964 (Act No
91 of 1964).
(d) Government Notice No 881 published in Government Gazette
No 31342 dated 22 August 2008: Amendment of Schedule No 2 (No
2/305), in terms of the Customs and Excise Act, 1964 (Act No 91
of 1964).
(e) Government Notice No 882 published in Government Gazette
No 31342 dated 22 August 2008: Amendment of Schedule No 3 (No
3/634), in terms of the Customs and Excise Act, 1964 (Act No 91
of 1964).
(f) Government Notice No 883 published in Government Gazette
No 31342 dated 22 August 2008: Amendment of Schedule No 3 (No
3/635), in terms of the Customs and Excise Act, 1964 (Act No 91
of 1964).
(g) Government Notice No 884 published in Government Gazette
No 31342 dated 22 August 2008: Amendment of Schedule No 4 (No
4/314), in terms of the Customs and Excise Act, 1964 (Act No 91
of 1964).
(h) Government Notice No 885 published in Government Gazette
No 31342 dated 22 August 2008: Amendment of Schedule No 1 (No
1/1/1359), in terms of the Customs and Excise Act, 1964 (Act No
91 of 1964).
(i) Government Notice No 886 published in Government Gazette
No 31342 dated 22 August 2008: Amendment of Schedule No 3 (No
3/633), in terms of the Customs and Excise Act, 1964 (Act No 91
of 1964).
(j) Government Notice No 895 published in Government Gazette
No 31342 dated 22 August 2008: Amendment of Schedule No 1 (No
1/1/1361), in terms of the Customs and Excise Act, 1964 (Act No
91 of 1964).
(k) Proclamation No 818 published in Government Gazette No
31292 dated 1 August 2008: Commencement dates in terms of the
Co-operatives Banks Act, 2007 (Act No 40 of 2007).
(l) Government Notice No 929 published in Government Gazette
No 31381 dated 29 August 2008: Appointment and re-appointment
of chairpersons of the Tax Board for the hearing of income tax
appeals, in terms of the Income Tax Act, 1962 (Act No 58 of
1962).
(m) Government Notice No 930 published in Government Gazette
No 31381 dated 29 August 2008: Determination of interest rate
for purpose of paragraph (a) of the definition of “official
rate”, in terms of the Income Tax Act, 1962 (Act No 58 of
1962).
(n) Government Notice No 931 published in Government Gazette
No 31381 dated 29 August 2008: Determination of a date upon
which section 22(1)(b) of the Taxation Laws Second Amendment
Act, 2008 (Act No 4 of 2008).
(o) Government Notice No 929 published in Government Gazette
No 31381 dated 29 August 2008: Determination of amounts for
purposes of the Military Pensions Act, 1976 (Act No 84 of
1976).
(p) Proclamation No 42 published in Government Gazette No
31525 dated 20 October 2008: Commencement of the Diamond Export
Levy Act, 2007 (Act No 15 of 2007) and section 21 of the
Diamond Export Levy (Administration) Act, 2007 (Act No 14 of
2007).
(q) Government Notice No R1140 published in Government Gazette
No 31529 dated 23 October 2008: Amendment of Schedule No 1 (No
1/1/1365), in terms of the Customs and Excise Act, 1964 (Act No
91 of 1964).
40. The following papers are referred to the Select Committee on
Finance for consideration:
(a) Government Notice No 878 published in Government Gazette
No 31346 dated 22 August 2008: Municipal Asset Transfer
Regulations, in terms of the Local Government: Municipal
Finance Management Act, 2003 (Act No 56 of 2003).
(b) National Treasury – Consolidated Financial Information for
the year ended 31 March 2008 [RP 268-2008].
(c) Draft Regulations issued under Section 75B of the Income
Tax Act, 1962 (Act No 58 of 1962) prescribing administrative
penalties in respect of non-compliance.
41. The following papers are referred to the Select Committee on
Economic and Foreign Affairs for consideration and report:
(a) Report and Financial Statements of the Competition
Tribunal for 2007-2008, including the Report of the Auditor-
General on the Financial Statements and Performance information
for 2007-2008 [RP 183-2008].
(b) Report and Financial Statements of the National Consumer
Tribunal for 2007-2008, including the Report of the Auditor-
General on the Financial Statements and Performance Information
for 2007-2008 [RP 217-2008].
(c) Report and Financial Statements of the Export Credit
Insurance Corporation of South Africa Limited for 2007-2008,
including the Report of the Independent Auditors on the
Financial Statements for 2007-2008.
(d) Report and Financial Statements of the South African
National Accreditation System (SANAS) for 2007-2008, including
the Report of the Independent Auditors on the Financial
Statements for 2007-2008 [RP 199-2008].
(e) Report and Financial Statements of the National Credit
Regulator (NCR) for 2007-2008, including the Report of the
Auditor-General on the Financial Statements and Performance
Information for 2007-2008 [RP 140-2008].
(f) Report and Financial Statements of the South African
Bureau of Standards for 2007-2008, including the Report of the
Auditor-General on the Financial Statements and Performance
Information for 2007-2008 [RP 208-2008].
(g) Report and Financial Statements of the South African Micro-
finance Apex Fund for 2007-2008, including the Report of the
Auditor-General on the Financial Statements and Performance
Information for 2007-2008 [RP 111-2008].
(h) Report and Financial Statements of the Companies and
Intellectual Property Registration Office for 2007-2008,
including the Report of the Auditor-General on the Financial
Statements and Performance Information for 2007-2008 [RP 187-
2008].
(i) Report and Financial Statements of the National Metrology
Institute of South Africa for 2007-2008, including the Report
of the Independent Auditors on the Financial Statements and
Performance Information for 2007-2008 [RP 221-2008].
(j) Report and Financial Statements of the National Gambling
Board for 2007-2008, including the Report of the Auditor-
General on the Financial Statements and Performance Information
for 2007-2008 [RP 125-2008].
(k) Report and Financial Statements of the Industrial
Development Corporation of South Africa Limited (IDC) for 2007-
2008, including the Report of the Independent Auditors on the
Financial Statements for 2007-2008.
(l) Report and Financial Statements of Khula Enterprise
Finance Limited for 2007-2008, including the Report of the
Independent Auditors on the Financial Statements for 2007-2008
[RP 210-2008].
(m) Report and Financial Statements of the Competition
Commission for 2007-2008, including the Report of the Auditor-
General on the Financial Statements and Performance Information
for 2007-2008 [RP 107-2008].
(n) Report and Financial Statements of the National Lotteries
Board for 2007-2008, including the Report of the Auditor-
General on the Financial Statements and Performance Information
for 2007-2008.
(o) Report and Financial Statements of the Support Programme
for Industrial Innovation (SPII) for 2007-2008, including the
Reports of the Independent Auditors on the Financial Statements
for 2007-2008.
p) Report and Financial Statements of the International Trade
Administration Commission of South Africa for 2007-2008,
including the Report of the Auditor-General on the Financial
Statements and Performance Information for 2007-2008 [RP 207-
2008].
q) Report and Financial Statements of the South African Quality
Institute for 2007-2008, including the Report of the
Independent Auditors on the Financial Statements for 2007-2008.
(r) Report and Financial Statements of the National Nuclear
Regulator (NNR) for 2007-2008, including the Report of the
Auditor-General on the Financial Statements and Performance
Information for 2007-2008 [RP 36-2008].
(s) Report of the Mine Health and Safety Inspectorate for 2007-
2008 [RP 261-2008].
42. The following papers are referred to the Select Committee on
Land and Environmental Affairs for consideration and report:
(a) Report and Financial Statements of the Air Traffic and
Navigation Services Company Limited (ATNS) for 2007-2008,
including the Report of the Independent Auditors on the
Financial Statements for 2007-2008.
(b) Report and Financial Statements of Inkomati Catchment
Management Agency for 2007-2008, including the Report of the
Independent Auditors on the Financial Statements for 2007-2008
[RP 138-2008].
(c) Report and Financial Statements of Amatola Water for the
year ended 30 June 2008, including the Report of the
Independent Auditors on the Financial Statements for the year
ended 30 June 2008.
(d) Report and Financial Statements of Umgeni Water for the
year ended 30 June 2008, including the Report of the
Independent Auditors on the Financial Statements for the year
ended 30 June 2008.
43. The following papers are referred to the Select Committee on
Social Services for consideration and report:
(a) Report and Financial Statements of the Council for Medical
Schemes for 2007-2008, including the Report of the Auditor-
General on the Financial Statements and Performance Information
for 2007-2008 [RP 96-2008].
(b) Report and Financial Statements of the National Health
Laboratory Service (NHLS) for 2007-2008, including the Report
of the Independent Auditors on the Financial Statements for
2007-2008.
(c) Report and Financial Statements of the South African
Medical Research Council (MRC) for 2007-2008, including the
Report of the Auditor-General on the Financial Statements for
2007-2008 [RP 173-2008].
(d) Report and Financial Statements of the South African
Social Security Agency for 2007-2008, including the Report of
the Auditor-General on the Financial Statements and Performance
Information for 2007-2008 [RP 108-2008].
44. The following paper is referred to the Select Committee on
Security and Constitutional Affairs for consideration and report:
(a) Report and Financial Statements of Vote 19 – Department of
Correctional Services for 2007-2008, including the Report of
the Auditor-General on the Financial Statements and Performance
Information of Vote 19 for 2007-2008 [RP 217-2007].
45. The following papers are referred to the Select Committee on
Economic and Foreign Affairs:
(a) Government Notice No 732 published in Government Gazette
No 31226 dated 4 July 2008: Guidelines for the sub-programme
Enterprise Investment Programme (Manufacturing Investment
Programme).
(b) Government Notice No 733 published in Government Gazette
No 31226 dated 4 July 2008: Guidelines for the sub-programme
Enterprise Investment Programme (Tourism Support Programme).
(c) Government Notice No 758 published in Government Gazette
No 31232 dated 18 July 2008: Accounting Officer – profession
whose members qualify in terms of section 60: Chartered
Institute of Business Management, in terms of the Close
Corporation Act, 1984 (Act No 69 of 1984).
(d) Government Notice No 772 published in Government Gazette
No 31247 dated 18 July 2008: Incorporation of an external
company as a company in the Republic of South Africa: Rocsi
Holdings (Pty) Ltd, in terms of the Companies Act, 1973 (Act
No 61 of 1973).
(e) Government Notice No 836 published in Government Gazette
No 31301 dated 8 August 2008: Standards matters, in terms of
Standards Act, 1993 (Act No 29 of 1993).
(f) Government Notice No 924 published in Government Gazette
No 31371 dated 29 August 2008: Media, Advertising and
Communication M (MAC) Sector Charter on Black Economic
Empowerment, in terms of Broad-Based Black Economic
Empowerment Act, 2003 (Act No 53 of 2003).
(g) Government Notice No 957 published in Government Gazette
No 31402 dated 5 September 2008: Incorporation of an external
company as a company in the Republic of South Africa: HIS
(PTY) LTD, in terms of Companies Act, 1973 (Act No 61 of
1973).
(h) Government Notice No 1021 published in Government Gazette
No 31443 dated 26 September 2008: Standards matters, in terms
of the Standards Act, 1993 (Act No 29 of 1993).
46. The following paper is referred to the Select Committee on
Education and Recreation for consideration:
(a) Revised Strategic Plan of the Department of Education for
2008-2012 and the Operational Plans of the Department of
Education for 2008/9.
TABLINGS
National Assembly and National Council of Provinces
- The Minister for Justice and Constitutional Development
a) Report and Financial Statements of the Presidents’ Fund for 2007-
2008, including the Report of the Auditor-General on the Financial
Statements for 2007-2008 [RP 245-2008].
National Council of Provinces
-
The Chairperson
(a) The President of the Republic submitted the following letter dated 17 November 2008 to the Chairperson of the National Council of Provinces informing Members of the Council of the employment of the South African National Defence Force in co-operation with the South African Police Service:
EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE FOR A SERVICE IN CO-OPERATION WITH THE SOUTH AFRICAN SERVICE This serves to inform the National Council of Provinces that I have authorised the employment of the South African National Defence Force (SANDF) personnel, for a service in co-operation with the South African Police Service in prevention and combating of crime and maintenance and preservation of law and order within the Republic of South Africa during the FIFA Confederation Cup draw, which is going to be held at Sandton Convention Centre from 19 November to 24 November 2008. This employment is authorised in accordance with the provisions of section 201(2)(a) of the Constitution of the Republic of South Africa, 1996, read with section 93 of the Defence Act, 2002 (Act No 42 of 2002). A total of thirty (30) SANDF members will be deployed at Sandton Convention Centre as from 19 November to 34 November 2008. I will communicate this report to members of the National Assembly, and wish to request that you bring the contents hereof to the attention of the National Council of Provinces. Regards signed K P MOTLANTHE