National Assembly - 22 September 2009
TUESDAY, 22 SEPTEMBER 2009 __
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met at 14:01.
The Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.
NOTICES OF MOTION
Mrs A STEYN: Mr Speaker, I hereby give notice that on the next sitting day of the House I shall move the following motion on behalf of the DA:
That this House debates the adverse effect the land restitution programme is having on the socioeconomic situation of farm labourers across South Africa, and comes up with approaches to prevent this situation from deteriorating any further.
Mr G R MORGAN: Mr Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA: That this House debates the effect that water theft is having on South Africa’s water supply, and the steps that the various spheres of government should be taking to reduce this theft.
Mr I M OLLIS: Mr Speaker, I hereby give notice that on the next sitting day of the House I shall move the following motion on behalf of the DA:
That this House debates the importance of labour-brokering in South Africa, its potential to reduce South Africa’s unacceptably high unemployment rate and positively contribute to the economy by providing flexible labour solutions in a market bereft of ample skills, and comes up with possible solutions on how to improve the labour-brokering system to become more viable and sustainable in the long run, instead of banning the system in its entirety.
ESTABLISHMENT OF AD HOC COMMITTEE TO CONDUCT CO-ORDINATED OVERSIGHT OF SERVICE DELIVERY
(Draft Resolution)
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Speaker, I move:
That the House –
1) notes that the Oversight and Accountability Model adopted by the
House on 17 February 2009 envisages a co-ordinated approach to
oversight and legislative work, and encourages the establishment of
clustered ad hoc committees for the purpose of considering
transversal oversight issues;
2) further notes that during his speech on Parliament’s Budget Vote,
the Speaker emphasised that service delivery should be a priority
during this term;
3) recognises that the House Chairperson: Committees is responsible
for the implementation and co-ordination of the Oversight and
Accountability Model and must manage initiatives derived from the
model;
(4) resolves to establish an ad hoc committee in terms of Rule 214 to conduct a co-ordinated oversight of service delivery under the theme “Working together to ensure service delivery of quality services to communities”, the committee to –
a) consist of the 14 members of the Portfolio Committee on Co-
operative Governance and Traditional Affairs, and
representatives from the following Portfolio Committees: Human
Settlements, Energy, Social Development, Health, Water and
Environmental Affairs, Basic Education, Transport, and Rural
Development and Land Reform, in accordance with the following
proportions: ANC 17, DA 5, Cope 3, IFP 2 and other parties 2;
(b) conduct co-ordinated visits in rural and urban areas,
followed by public hearings at Parliament to enquire further
into the findings, and to use among others the preliminary
research report on service delivery and challenges, compiled
by the Parliamentary Research Unit, as a source document;
(c) exercise those powers in Rule 138 that may assist it in
carrying out its task; and
(d) table a report containing clear, achievable
recommendations and a proposed implementation plan by no later
than 13 November 2009.
Agreed to.
INTERNATIONAL DAY OF PEACE
(Draft Resolution)
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Speaker, I move without notice:
That the House –
(1) notes that yesterday, Monday, 21 September 2009, humanity
worldwide observed the day as the International Day of Peace;
(2) further notes that this day provides an opportunity for
individuals, organisations and nations to embark on practical acts
of peace;
(3) recalls that Peace Day is devoted to commemorate and strengthen
the ideals of peace both within and among all nations and that this
day serves as a reminder to all people that the United Nations
Organisation, with all its limitations, is a living instrument in
the service of peace, and serves all of us, here within the
organisation, as a constantly pealing bell reminding humanity that
our permanent commitment, above all interests or differences of any
kind, is to peace;
(4) recognises that the new global situation has not resolved the
contradictions within and among nations between poverty and
opulence to the extent that ethnic, religious and other tensions
continue to ravage certain parts of the globe;
(5) believes that peace and friendship amongst all people must be
secured by upholding equal rights, opportunities and status for
all; and
(6) reaffirms its commitment to and belief in the ideals of peace
and alleviation of tensions and causes of conflict.
Agreed to.
FIRST CLINICAL TRIAL OF AN HIV/AIDS VACCINE DEVELOPED IN SOUTH AFRICA
(Draft Resolution)
Mrs C DUDLEY: Hon Speaker, I move without notice:
That the House –
(1) notes that the first clinical trial of an HIV/Aids vaccine designed and developed in South Africa to determine the immune response of HIV subtype C under way in this country and in the United States of America, has shown good results and will assist scientists in their goal of creating a vaccine to combat Aids;
(2) acknowledges accolades from the US National Institute of
Allergy and Infectious Diseases, that South Africa has “some of the
finest scientists in the world”;
(3) further acknowledges that the vast majority of scientists
referred to in this are women;
(4) congratulates sister Professors Anna-Lise and Caroline
Williamson, leaders of the vaccine development team, and all
scientists involved in this work at the University of Cape Town;
and
(5) also congratulates Professor Glenda Gray and her clinical trials
team in Johannesburg whose work will positively impact on the
designing and manufacturing of vaccines against other infectious
diseases such as new strains of HIV; A/H1N1, or swine flu, and H5N1
influenza, or avian flu, which are causing much suffering globally
at this time.
Agreed to.
INTERNATIONAL DAY FOR THE PRESERVATION OF THE OZONE LAYER
(Draft Resolution)
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Speaker, I move without notice:
That the House –
1) notes that 16 September has been proclaimed as the International
Day for the Preservation of the Ozone Layer, by the United Nations
General Assembly in commemoration of the date in 1987 on which the
Montreal Protocol on Substances that Deplete the Ozone Layer was
signed;
2) further notes that this day marks the anniversary of the signing of
the Montreal Protocol in which the member states recognise their
obligation to take appropriate measures to protect human health and
the environment against adverse effects resulting or likely to
result from human activities which modify or are likely to modify
the ozone layer;
3) recalls that almost 100 countries will gather in Copenhagen for
another round of talks on climate change and that pressure is
mounting for both the developed and developing nations to change
their behaviour;
4) believes that all of us have a responsibility in terms of combating
the effect of climate change; and
5) calls upon developed and developing countries to set targets for
the reduction of greenhouse gas emissions as part of our
responsibility to protect the environment and promote sustainable
development.
Agreed to.
MOTION OF CONDOLENCE
(The late Mr F T Masango)
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Speaker, I move that the House –
1) notes with a profound sense of loss that, on Friday, 18 September
2009, the hon Frans Ting-Ting Masango passed away after a long
battle with illness;
2) recognises that hon Masango was a student leader of the 1976
generation that helped change the political landscape in our country
forever and who devoted his youth and adult life in service to the
struggle for liberation;
3) further notes that he started his freedom-fighting endeavours during
the 1976 uprisings when he led as one of the student leaders and
that after the June 16 uprising he was elected onto the student
representative council;
(4) recalls that Comrade Masango was amongst a group of activists
who vociferously campaigned against the hanging of a prominent
youth freedom fighter, Solomon Kalusha Mahlangu, before his hanging
in 1979;
(5) remembers that in 1985 as part of a specialised and disciplined
MK unit he was sent back to the country by the commanders to carry
out military operations;
(6) further remembers that Ting-Ting, together with his comrades,
later appeared at the Delmas Four Trial, also known as the “silent
trial”, after which they spent 18 months on death row;
(7) recalls that he made headlines in 1991 when he, together with
fellow freedom fighters, staged a 38-day hunger strike and were
subsequently granted amnesty and released in June of that year;
(8) believes that he discharged his responsibilities with
dedication, discipline, diligence and humility and that the life of
this patriot epitomises heroism and commitment to the cause of the
poor; and
(9) conveys its condolences to the Masango family and the African
National Congress.
Mr S J MASANGO: Somlomo, ngithokoze bengilotjhise namalunga wePalamende woke. [Thank you, Mr Speaker, and greetings to all Members of Parliament.]
Speaker, I was shocked to learn of the death of one of the freedom fighters, Frans Ting-Ting Masango, after a very short spell in Parliament.
The last time I spoke to the late Ting-Ting Masango was on 6 May 2009 during dinner at the hotel. We had a short discussion – I can remember him asking me if we were the only two Masangos in Parliament. I said to him that this is a 100% increase because last time I was the only one! [Laughter.] We ended by saying that we still have five years to talk.
Akekho-ke phakathi kwethu obekazi ukuthi kuhlekuhle sikhuluma ngeenyanga ezimbalwa, hhayi iminyaka emihlanu njengokuba besicabanga. (Translation of isiNdebele paragraph follows.)
[Neither of us knew that we were actually talking about a few months and not five years, which we initially spoke about.]
He started as a freedom fighter during the 1976 uprising when he led from the forefront as one of the student leaders in Pretoria.
After the execution of Solomon Mahlangu, he left the country in 1979 and went into exile in Mozambique. He received military training in various countries like Angola, East Germany and Russia. He was a news reader in Angola for Radio Freedom.
In 1985, the late Ting-Ting and his comrade Jabu Masina, Neo Potsane and Joseph Makhura were sent back to South Africa by their commanders to carry out military operations. Unfortunately, after a short time in the country, they were arrested by the apartheid regime police on 13 September 1986.
They were well known as the Delmas Four. Their trial was also called “the silent trial” because they did not participate in the trial for the reason that they did not recognise the jurisdiction of the court.
They were sentenced to death by a judge called Marius de Klerk and spent 18 months on death row before being released in 1991. He was given amnesty in 1999 by the Truth and Reconciliation Commission for political offences committed during apartheid.
The late Ting-Ting Masango joined the SABC in April 1992 as a bulletin compiler and a news reader for Ikwekwezi FM, formerly known as Radio Ndebele. He resigned from SABC after this year’s general election after being elected as a Member of Parliament.
Umswa wakwaMrhali nakuyindima uyilimile, kusele kithi bona sithathe lapho atjhiye khona siragele phambili.
Somlomo ngithanda ukuswaphelisa ngokutjhiriya ihlangano yakhe ye-ANC, ngithi anikalahlekelwa nodwa. ITshwane namaphethelo nayo ilahlekelwe. Isitjhaba samaNdebele naso silahlekelwe. ISewula Afrika nayo ihlahlekelwe. Ngithi dudu emndenini wakwaMasango, akwehlanga olungehliko. Kumufi ngithi lala ngokuthula Mrhali, Mkungu, Dumako, Phondwelibomvu, nanyana lingakahlabi lihlabile, silahlela somlilo esaphuma kwaMabhoko, masunguban’ekosi! Ngiyathokoza. [Iwahlo.] (Translation of isiNdebele paragraphs follows.)
[The man from the Mrhali clan has played his role and now it is upon us to take over where he left off and carry on.
Mr Speaker, I would like to convey my condolences to the ANC and say that you are not the only ones who have suffered a loss. The whole of Tshwane and its surroundings have suffered a loss. The Ndebele nation and the whole of South Africa have suffered a loss. I would like to convey my condolences once more to the Masango family. To the late member I say rest in peace, Mrhali, Mkungu, Dumako, Phondwelibomvu, nanyana ngakahlabi lihlabile silahlela somlilo esiphuma kwaMabhoko, masunguban’ ekosi! [Clan Praises.] Thank you. [Applause.]]
Ms C M P KOTSI: Hon Speaker, we are deeply saddened by the untimely passing away of the hon Frans Ting-Ting Masango. He was, as we can all testify, brave where so many others trembled. He was resolute where many others wavered. He fought in the streets and inside the committee rooms. He campaigned against the hanging of Solomon Mahlangu, who was on death row, and later was himself an occupant of that same death row.
The hon Masango was prepared to pay any price, undergo any privation and suffer any consequences so that all of us could be free. It is sad today to observe how the struggle, amongst many of his former comrades, is not to give all, as he did, but to take all, in whichever way possible.
Today we are deeply mourning the passing away of this comrade who actually fought for all of us in this country. The crass materialism, the brazenness, the careerism and the soullessness of corruption that we see so prevalent among many of those who once identified with the struggle, go against all he stood and fought for.
If this evil is not rooted out now, another oppressive regime will begin to take root in our recently freed soil. It would be very sad if we were just offering platitudes today, and then tomorrow we forget what this brave, incomparable man did in his short existence.
He would want to be remembered in a good manner. Would any of us perhaps remember him in that way? The way he led, is the way we should lead. The way he saw things, is the way we should see things.
We too should show utmost bravery in what we do, and in particular we should be brave in opposing those who are bent on reversing our gains in terms of corruption and values that are actually not needed. I appeal to all hon members to use this occasion to reflect deeply, so that when we return to this honourable House again, we should be honouring the hon Masango.
We commiserate with his family; their loss and our loss is irreparable. He was a giant amongst us. Today is our chance to say to his family that it was a privilege for him to serve. I thank you. [Time expired.]
Mnu B W DHLAMINI: Angithokoze Somlomo, ngibingelele abahlonishwa bonke eNdlini. I-IFP izithole ngokukhulu ukudumala nobuhlungu benhliziyo izindaba zokudlula emhlabeni kwelungu elihloniphekile leSishayamthetho, umfowethu uFrans Ting-Ting Masango.
Sithi emndenini wakwaMasango, nakozakwabo kuKhongolose, kumalungu aleNdlu akwehlanga olungehli. (Translation of isiZulu paragraphs follows.)
[Mr B W DHLAMINI: Thank you, Speaker, and greetings to all the hon members in the House. The IFP received with great sadness the news of the passing away of a member of our Parliament, our colleague Frans Ting-Ting Masango.
We send our condolences to the Masango family, his colleagues in the ANC and the members of this House.]
Ka Sesotho ba re ke ngwetsi ya malapa oohle. [In Sesotho it is said that death can happen to anyone.]
Sicela niduduzeke. Okusiduduza kakhulu thina njenge-IFP ukuthi njengoba sezishilo ezinye izikhulumi ngaphambi kwami ukuthi wayeyisishoshovu somzabalazo olwela inkululeko njengoba sesikhululekile. Okuhle nokusiduduzayo ukuthi ugcine ehambe emhlabeni eyilungu lesiShayamthetho sona lesi esashaya imithetho ayelwa nalo aze angene emajele. Umndeni siyawududuza ngalawo mazwi , akwehlanga olungehli, iqhawe leli elihambile.
Maningi amaqhawe aseNingizimu Afrika alwele inkululeko okutholakala ukuthi umlando wawo awubhalekile kahle. Ngiphosa inselele ikakhulukazi kuNgqongqoshe Wezobuciko Namasiko ukuthi aqinisekise ukuthi umlando wabantu abalwela inkululeko ubhalwe ngendlela eyiyo kungabi sengathi owabambalwa. Ngiyathokoza. [Ihlombe.] (Translation of isiZulu paragraphs follows.)
[Please be comforted. What comforts us most as the IFP is that, just as the other speakers before me have said, he was a freedom fighter, who fought for freedom so that we can be free now. What is comforting is that he passed away as a Member of Parliament, the one that passed the legislation he fought against and ended up in prison for. We comfort the family with these words: What has befallen you is nothing unusual; the one who has passed on is a hero.
We have discovered that there are many South African heroes who fought for freedom, whose history has been incorrectly captured. I challenge especially the Minister of Arts and Culture, to have the history of the freedom fighters rewritten and it should not appear as if it is being done for a chosen few. Thank you. [Applause.]]
Mr N M KGANYAGO: Mr Speaker and hon members, on behalf of the UDM, I would like to extend our condolences to the family and colleagues of the late hon Frans Ting-Ting Masango. He played a leading role in the 1976 student protest and was most famous for being one of the four men who were sentenced to death in the notorious Delmas Trial.
In the year 1991, he and his three comrades were released. After a life spent in service to his people, the hon Masango was recently elected to Parliament, a democratic institution which, many would argue, exists because of the efforts of people like him. We are bidding farewell to him and hope that his family will find consolation in the words spoken here today. May his soul rest in peace!
Robala ka khutšo, monna wa banna; senatla sa dinatla. [Rest in peace, man of men; hero of heroes.]
Mrs C DUDLEY: Hon Speaker, the ACDP is saddened by the passing of hon Masango, who was one of the Delmas Four trialists. The ACDP recognises hon Masango’s contribution to the liberation of this country. We note the fondness and pride with which hon Masango’s colleagues referred to him, and convey our deepest sympathy to family and friends at this time. We pray that they will experience the peace and presence of our Lord Jesus Christ. [Applause.]
Ms A DLODLO: Hon Speaker, we went to Vienna one day in 1982. Vienna was a transit camp outside Luanda, where we slept over for a day or maybe more before we were trucked off to our training camps in Angola. I distinctly remember that it was on a Thursday, because all cadres converged at the swimming pool for what we used to call the jazz hour, to listen to the sounds of “Ayeza amalori, siyohamba noTambo” [The trucks are coming, we are going to go with Tambo], to “Siyobashiya thina abazali bethu” [We are leaving our parents behind.] – revolutionary songs that spoke to the selfless heroism of the youth of the 70s and 80s.
Bells, as he was known, was not at the jazz hour, as I would later learn and understand, where we were listening to morale-boosting songs, to solemn pieces, depicting our resolve, resilience and love for fellow South Africans. In the morning, during parade, there was this comrade, distinct with his lazy eye, reading news and leading discussions on the news of the world events and what was happening back home.
Bells, Ting-Ting Masango’s combat name, was not at the jazz hour because he was compiling a news bulletin for the camp for the following morning. He spent a lot of his time radio-hopping the whole day between Voice of America, Radio Deutsche Welle, Radio South Africa, BBC World News, Radio Freedom and many other radio stations, to ensure that he delivered an informative bulletin every morning that would lead quality input on the form of analysis, debate and discussions.
I only discovered how strenuous his job was when I assumed the same position in 1985, when I was doing the news and youth feature programme for Radio Freedom, broadcasting from Radio Nacional de Angola. Short-lived as my stint was, it was hectic.
Bells carried out his task with revolutionary zeal. He was a commissar of note. With no newspapers, television or radios, Bells brought the world to us every morning, having worked silently in his tent every day. He never complained.
He was the same Bells, Monday through to Sunday. He never delivered an inferior product. He would point you out in your section to share with the camp what you had used from a particular item of news he had just read to us. You had to be attentive and apply quick analysis as he would point you out randomly.
There are comrades you just never forget, and the late hon member Ting-Ting Masango was one of them. He was forever humble, exemplary and intelligent. He was a product of the bushes of Angola, the training facilities of the generous internationalists of the former Eastern Bloc countries and the dusty streets of Mamelodi.
I stand here in this House to pay tribute to a revolutionary. I remind you never to forget when he was admitted hospital, a fellow fighter who was ready to give up his life, so that you, I and generations to come could be free; a fighter who was a constant inspiration to the other trialists among the Delmas Four; and a child of Africa who refused to be reduced to being a criminal, but fought to be recognised as a prisoner of war.
In the statement of January 8, 1982, President O R Tambo gave a directive to the commanders and commissars of the people’s army, Umkhonto weSizwe, to attack, advance and give the enemy no quarter. Bells did just that. He advanced from all flanks, attacked in a frontal fashion and refused to be cowed by the military and judicial might of the apartheid regime. He literally gave the enemy no quarter.
He walked in the footsteps of Mary Mini, Comrade Caroline, Solomon Mahlangu, Jerry Mosolodi, Bobby Tsotsobe, the G5, Butterfly Unit, Special Ops and many other heroic individuals and units of Umkhonto weSizwe. He delivered telling blows on the enemy until his arrest in 1986. When faced with the situation where he could have succumbed to the gruesome torture that was visited on him, he refused to expose a fellow unit member when he was brought to retrieve a pistol at a hideout in Mamelodi.
I followed part of what was going on while doing training in Moscow. They would later be dubbed the Delmas Four. Their conduct was inspiring. What he wanted at that point was news of a daring operation to spring them from the jaws of a beastly system.
If you have not grasped how special this patriot was, allow me to illustrate more to you by reading an excerpt from Peter Harris’s In a Different Time. That was a story he told of the Delmas Four trialists. These are Ting-Ting’s words: I know there is still a lot of work to be done, but we want you to be aware of our thinking. We want to ask a question: What is the consequence of us not giving evidence? We ask this because we have a problem in that we are not prepared to take the stand and deny that we have done the things we have done. I say this because the acts described in the charge sheet were committed by us as soldiers of Umkhonto weSizwe, and we will not distance ourselves from what we have done.
Ting-Ting continued:
We have had long and hard discussions about all the options you have presented to us. We have taken each one, worked it through and in each case, we have rejected the possibility of using this type of defence. We cannot plead guilty. Firstly, because we will not allow them to place us on trial according to their rules for fighting to liberate this country, they have no right to do that; and secondly, we did the acts alleged, mostly on the instructions of the ANC and we will not back away from that.
He continued:
At the same time, we could not plead guilty, although we are in fact guilty. Our acts cannot be seen in purely criminal terms, just as those who killed the enemy in the fight against fascism in the Second World War. The acts we committed were carried out against an enemy that made us victims in our own country and has taken any rights that we had away from us - our rights to land, to move freely, to work in a free manner, to be educated, and a range of others.
This government is murdering our youth and has our leadership in prison. The people we killed were at the forefront of the apartheid regime’s attack on black people, and they deserved what happened to them. While we have killed, and each of us has to deal with that inside ourselves, we are not murderers, and are not normal criminals. Do you follow me? This is a war in which they hold most of the cards and we cannot simply play their game when we have no part in forming the rules.
Ting-Ting said:
Look, let’s be honest here, we know that probably we cannot avoid the death sentence; we have to face the fact. We need to conduct our trial and go our way in a manner which does not compromise our beliefs and the reputation of the ANC. This is why we like the last option that you presented to us. It may be radical and not the norm in ANC trials, but it is the one we would like to follow. By doing so, we get the same conclusion as the other defence options, but in a way of our choosing and which also highlights what we are doing and the nature of the conflict we are involved in.
This was a tribute to a brilliant patriot and freedom fighter; a soldier of our former people’s army, uMkhonto weSizwe, a true revolutionary and a son of the soil. Comrade Bells, hon Frans Ting-Ting Masango, may your revolutionary songs rest in infinite peace. Lala ngoxolo sotsha lomkhonto. [Rest in peace, MK soldier].
Debate concluded.
Motion agreed to, members standing.
RELEASE OF CRIME STATISTICS
(Statement)
The MINISTER OF POLICE: Speaker, Deputy Speaker, members of the House, fellow South Africans, the government of the Republic remains firmly committed to the realisation of the goal of a better life for all. This includes the improvement of the quality of life of all the people of our country in a manner that will ensure enhanced levels of safety and security.
To a large measure, crime in our country has a uniquely random and violent character. A greater proportion of murders, rapes and other crimes take place among acquaintances, particularly in poor communities where living conditions do not allow for decent family and social life. In addition, cross-border criminal networks are involved in a variety of crimes including vehicle hijacking, drug trafficking and human trafficking.
All these factors speak to the continued relevance of a multipronged approach in the fight against crime, combining aspects of crime prevention, crime combating, the improvement of socioeconomic conditions, the strengthening of the spirit of ubuntu and human solidarity among citizens.
Government releases these statistics once a year to provide the public with an indication of the crime situation in the country. More importantly, crime statistics are used daily as a management tool to guide operational plans for the SA Police Service.
The statistics before the House deal with the period 1 April 2008 to 31 March 2009. As government, we need to reiterate that the release of statistics is not merely to quantify crime or to create a debate in our society. We believe that this is a call to action for government, business, NGOs and communities at large.
The various breakdowns of crime trends over the past fiscal year reveal that there are areas where we are making progress. At the same time, there are other areas where we are still lagging behind.
Nevertheless, the ANC government remains unmoved in its commitment to securing a better life for all, and the fight against crime is an integral part of ensuring this better life.
Contact crime currently accounts for 32,7% of all crimes. It is this form of crime with which violence is generally associated. We are therefore encouraged by the decrease in five of the seven contact crime types which occurred during the period 2008-09.
Conversely, there are certain types of crime that have increased during the same period. These increases serve to dampen some of our enthusiasm regarding the overall decrease in contact crimes.
In four key areas crime has increased. These areas are: robbery with aggravated circumstances, sexual offences, stock theft and commercial crime.
In assessing aggravated robberies, there are three areas which account for the increase. These are business robberies, house robberies and hijackings.
Of the three areas mentioned, the highest increase was recorded in the area of business robberies. When we analyse these robbery statistics, we find that, in the formal business sector, robberies either declined or, where they did increase, the increase was generally only between 3% and 4%. The area where the biggest increase occurred was in the small and informal business area. This area would include small general dealers and spaza shops.
Over the past few months we have been engaging the business community to assess how we can better work together to reduce these robberies. Arising from these meetings, a number of key areas have been identified that could assist us in dealing more effectively with this form of crime.
The first relates to the type of business being targeted and the fact that almost 70% of all business robberies in fact occur at small and informal businesses.
It is important to recognise that the police need to do more to assist and protect these small businesses. However, we are aware that certain factors make these businesses particularly vulnerable to such robberies.
Issues like the availability of cash – which is often linked to the difficulty these businesses face when it comes to accessing banking services – and the unavailability of resources to implement crime prevention measures, contribute to making these businesses vulnerable. As government and Parliament we need to do more to assist these businesses as they are an important source of job creation and represent the entrepreneurial spirit of our nation.
Over the next few months we will be engaging both large and smaller businesses in an attempt to see how we can support each other to reduce robberies at small business premises. Already, joint SAPS-business initiatives are being piloted in Johannesburg Central and Tembisa, and these focus specifically on robberies at small businesses.
To address business robberies more generally, we are working towards consolidating our partnership with business. A crucial activity in this alignment process is greater information-sharing. We are confident that, as we move forward with this partnership which focuses on a government- directed and government -led strategy supported by business, we will be able to assist in making South Africa a safer place in which to do business.
Cash-in-transit robberies have declined by 2,3%. This, we agree, is not much of a decrease. To address this, the department has, over the last two months, focused considerable attention on the area of cash-in-transit robberies. We have started consulting with businesspeople regarding improvement of standards within the industry. The SAPS has also had a number of successes in the arrest and foiling of such robberies. There is no doubt that the improved standards coupled with the proactive measures taken by the SAPS have dealt a serious blow to cash-in-transit heist criminals. We believe that the increase experienced since the end of the fiscal year is likely to start declining. We are also concerned about the increase in house robberies which, during the last financial year, increased by 27%. It is one of the crimes that is the most intrusive and which personalises the crime experience. We simply cannot tolerate a situation where people do not feel safe in their homes. House robberies affect communities from all walks of life and are not restricted to wealthy areas.
Again, we recognise that the SAPS needs to do more to address this form of crime. To this effect, under the leadership of the National Commissioner of Police, an audit has started which looks in earnest at how we deploy our resources. This includes human and material resources as well as the timing of our deployment.
Equally, we realise that we need greater engagement with affected communities. Communities must ensure that those who represent them on the community police forums are equal partners with the police in establishing the programme of action to address their needs and to monitor the implementation thereof. This engagement assists us in refining our approach to deal with house robberies.
We have recently piloted an initiative in Honeydew involving the SAPS and private security companies active in the area. This initiative is aimed at reducing the risks associated with house robberies. We are evaluating the lessons and successes. Based on this evaluation and if the experience is worth rolling out, we will develop a national approach to these crimes. The final form of aggravated robbery that has increased significantly is that of hijacking. This statistic includes both truck and car hijacking, with truck hijacking increasing by 15% and car hijacking by 5%.
In tackling the illicit trade in vehicles we need to look at both the local and regional markets. The Second-Hand Goods Act – which will be fully implemented in January 2010 - will go some way in curtailing the local market for illicit vehicles. We are also going to make greater use of technology to assist us in tracking and identifying such vehicles. Technology such as automated number plate recognition has already been piloted within the SAPS.
In dealing with the illicit regional trade in vehicles we are further enhancing our co-operation with other regional police agencies to strengthen the implementation of regional protocols and agreements. We anticipate that, with the election of our national commissioner as the head of the Southern African Regional Police Chiefs Co-operation Organisation, and the subsequent election of South Africa to chair the SARPCCO Council of Ministers, we will be able to use our positions to advance our tactics regarding cross-border crime.
Over the last year we have implemented a number of policing strategies to address house, business and vehicle robberies. Some of these strategies have yielded considerable success. One such is the introduction, in some provinces, of the war room concept. Through this concept, suspects involved in violent organised crime have been tracked, linked to crimes and arrested.
Going forward, we are now looking to the newly formed Directorate of Priority Crime Investigation to consolidate these efforts. The DPCI is still relatively new, but we are already witnessing successes. The arrest of a number of cash-in-transit robbers, together with the recovery of firearms used in these crimes are examples of some of these successes.
Equally, the DPCI played an integral part in the successful drug seizure here in Durban and in the United Kingdom when they arrested a drug syndicate in Durban and seized drugs worth R500 million.
We are heartened by the slight decline in crimes against women and children. Nevertheless, we are still not entirely satisfied. Violence against women and children is still prevalent in our society. This phenomenon militates against our national effort to create a caring and humane society, underpinned by values of human solidarity, justice, peace and development.
The closure of special units that have focused on some of these crimes against women and children has led to significant debate. We have listened to these debates on the reintroduction of these specialised units, in particular the child protection and sexual offences units. The SAPS are now implementing the reintroduction of these particular units to improve their capacity.
The increase of 2,7% in stock theft also poses a serious challenge. This form of crime negatively impacts on the lives of people living in rural communities and requires our particular attention. Our history is characterised, among others things, by deliberate neglect of rural areas. The birth of democracy saw a shift in approach. Government has now placed the issue of rural development high on the agenda. Once again, the SAPS have begun the process of locating this as a key focal area. Stock theft is another of the areas where we are going to enhance the capacities of our units.
We have started this overview by focusing on the negatives because it is important that we admit our challenges and seek to find concrete means of addressing them. However, we also need to look at some of our successes because these can assist us to identify what has worked and help us to adapt some of our approaches to the challenges we face.
There are four key areas where, we are happy to say, we have seen decreases over the past year.
These areas include, firstly, murder and attempted murder. Both these forms of crime have been steadily declining over the last couple of years. We are pleased to say that they have continued to decline over the last fiscal year. During this period murder declined by 3,4% and attempted murder by 4,3%.
Assault, both common and with grievous bodily harm, has also declined over the last year. Common assault declined by 4,3% and assault with GBH by 4,7%. As with murder, we are encouraged to see that this decline is consistent with previous years.
The dramatic decline in bank robberies is extremely encouraging. During the last financial year the number of bank robberies declined by 29,2%. Some of the key factors contributing to our success in this area include the partnership developed between business and government, resulting in increased arrests of perpetrators; strict bail for offenders; and measures introduced by the banks themselves.
What is equally encouraging is that ATM attacks – which are not listed as a specific category in our crime statistics – also declined by 10%. The picture between January and September of this year would seem to indicate that this 10% decline has now risen to a 75% decrease. Once again, this decrease can be attributed to improved police responses and approaches as well as enhanced co—operation with the banking sector.
One of the largest categories of aggravated robberies is that of street robberies. The decline in both street robberies and common robberies is undoubtedly a positive trend. During this period, street robberies declined by 7,4% and common robberies by 8,9%. Despite this decline, the number of street robberies still remains unacceptably high and we need to ensure that we do not become complacent. We must ensure that we continue to give attention to this form of crime.
In looking forward, there are a number of key areas of focus for the SAPS which we believe will contribute to reducing crime levels in the country.
Some of these measures include a more concerted focus on the role that intelligence can play in supporting our approach to crime. We have recognised that intelligence should act as a nerve centre and has a crucial role to play in all aspects of policing.
We are currently revitalising our intelligence component. Part of this revitalisation includes ensuring the integration of intelligence into all aspects of policing, and this will be anchored by the DPCI.
We have been working with the Ministry of Justice and Constitutional Development on amendments to Section 49 of the Criminal Procedure Act. We are at the stage of finalising these amendments, which will go before Parliament during the fourth session of this year.
These changes are being made in order to strengthen the hand of the police in dealing with violent criminals. It is important to mention, at this point, that trigger-happy members of the SAPS must not think that this is a licence to kill. It is a measure aimed specifically at dealing with serious violent crime and dangerous criminals.
Alongside these changes, we have strengthened the Independent Complaints Directorate. We see this strengthening of the ICD as an important measure to ensure that changes to Section 49 are not abused.
Government has focused attention on the revamping of the criminal justice system. The basis for this is to ensure a far better integration of the different departmental role players in the criminal justice environment but also to start addressing the root causes of crime.
It is apparent to all of us that the police alone cannot win the fight against crime. Criminals do not live in isolation from communities. Therefore we need to deepen our partnership with communities. The Ministry has established a dedicated unit to focus on deepening the interaction with communities, civil society, business, faith-based organisations and the different spheres of government. [Time expired.]
Ms D KOHLER-BARNARD: Speaker, there is something that the ANC has missed in its 15 years of treating crime statistics as something to be held hostage until the last possible moment and then released with great fanfare after its spin doctors have worked overtime for a month or so beforehand. And you’ve certainly done that this year.
Some 15 months after we last had a look at the crime statistics, and after you reneged on your predecessor’s assurance that statistics would be released twice a year, there has been a massive charm offensive by the Ministry. Op-eds, TV-covered busts and reports were given of what a marvellous job you’ve been doing shooting and killing anyone you’ve determined is a criminal.
What you’ve missed is the fact that every murder, rape, beating, act of torture, robbery or fraud, every one of the thousands upon thousands of crimes coldly detailed in this annual report, that is 5 753 serious crimes daily, represents the damage - frequently irreparable - done to another South African citizen.
These are not your statistics, Minister, nor are they the private property of the ANC to be kept from us before an election for fear that the sheer volume of them may cost you votes. These are the statistics of the citizens of South Africa, the statistics that they should be able to access freely at their local SAPS station, so that their tiny neighbourhood watches stay on top of an always fluid situation, and are aware when their neighbourhood is targeted by criminals.
This morning our Chairperson had the unmitigated gall to exclude the very people who report on what we do here in Parliament from witnessing oversight in action. Madam Chair, you broke every rule in the book by ordering this morning’s meeting to be held in camera. While you were no doubt merely acting as the obedient ANC cadre, I will ask that the Speaker himself run an investigation into your actions.
Minister, the statistics are dismal and indeed might well have had the ANC losing more than the 4% they did if released before the election.
Business robberies are up by 41,2% and commercial crime is up by 16%. It is little wonder that the latest World Economic Forum’s global competitiveness report ranked South Africa as the worst place in which to do business because of crime. House robberies are up by 27,3%. Truck hijackings are up by 15,4% and car hijackings are up by 5%. We have also seen a significant rise in sexual offences. It is up by 10%.
That is, of course, of deep concern to us and highlights just how devastating the ANC’s decision to disband the family violence, sexual offences and child protection units was. That decision was taken for political purposes and has come at a high cost to ordinary South Africans.
The DA is not impressed by your antics and manipulation of Parliament today. We are also not impressed by those statistics which by many accounts do not, in fact, reflect the true situation in South Africa at all. Our police have been hiding away and even burning dockets to ensure they receive a ministerial pat on the head.
Even when they are caught red-handed by the Independent Complaints Directorate investigators, as was the case at Mountain Rise in KwaZulu- Natal, the SAPS doesn’t expel them and arrest them. No, they tell the ICD to go to hell. My attempts to introduce private member’s legislation to give the ICD teeth has been cancelled again today for the second, or the third time, I think. There’s no will at all to improve the situation.
The Auditor-General knows this is a problem that you won’t clean up yourself. So in future, at my request, all crime statistics will be audited. Of course no one will be able to pick up the unrecorded, burned case files, but at least it’s a start to cleaning up a service which has so many members dirtying the reputations of the majority, who wouldn’t dream of committing such a crime.
To the families of the 51 people who will be murdered in South Africa today, there are some of us who tell it as it is, and not, obviously, as the ANC would have us believe.
With the 2010 Soccer World Cup around the corner, the usual rhetoric and empty promises will not cut it. We need more police and better training. We need to deal with the backlog of 20 000 forensic laboratory samples. We need the reconstitution of specialised units, and an end to cadre deployment within our police service. Only by dealing with the real problems, can we bring down the crime rate in the future. Thank you. [Applause.]
Mr M E GEORGE: Hon Chairperson, Ministers, Deputy Ministers and Members of Parliament, today the Minister released crime statistics to Members of Parliament. This is one event that generates a lot of responses and comments from all quarters. The truth of the matter is that crime statistics are statistics. It means crime has been committed.
The desire and wish of all of us is to see the levels of crime going down in our beloved country. There are positive aspects in the statistics, where attempted murder and murder have decreased. We must commend the police for this.
The truth of the matter is that the levels of crime in our country are unacceptably high. I was very happy when I heard the Minister say this morning that even if it is 4%, it is crime and the police must attend to it.
Cope welcomes the release of the crime statistics and commits itself to supporting any endeavour to bring the levels of crime down in our country.
We are concerned about the increasing commercial crime as these are the resources that should be shared with everybody, especially the poor. I thank you.
Mr V B NDLOVU: Chairperson, on behalf of the IFP, I honour the men and women of the SAPS who risk their lives and endure endless obstacles in the protection of their fellow South Africans. As we consider the latest crime statistics, let us not lose sight of the people behind the numbers.
The increase in crime against our most vulnerable segments of society is deplorable. Owners of SMMEs and informal businesses do not have the resources to install expensive CCTV cameras or hire extra security guards. We must have more visible policing, especially in communities, so that people can feel safe in their own homes and safe when they conduct business. This will curb crime even against foreigners, who are particularly targeted.
We also call for better intelligence to prevent crime. In the case of stock thefts, increased military intelligence must be coupled with the involvement of the army. People living in rural areas depend on livestock for survival and do not have the means to fight back, particularly when stock is moved across our borders.
The poor and the vulnerable need a strong champion. That is what crime statistics are telling us today. In the end, every statistic in the document before us reflects a deeply affected life in a deeply affected society.
South Africans are being driven further and further apart. They are even afraid to look each other in the eye, because every headline screams crime and every family has a story of tragedy and injustice. [Time expired.]
Mr J J MCGLUWA: Hon Chairperson, the ID has mixed feelings about the release of this year’s crime statistics because of the allegations of police under-reporting at a number of stations across the country.
Crime statistics are important for planning and budgeting, but it is more important that our people feel safe in their homes, schools, playgrounds and communities. The ID welcomes the 3,4% decrease in murder and the overall decrease in five of the seven contact crime categories measured, but we are still seeing a frightening increase in other forms of violent crime.
The increase in sexual offences is most worrying and shows we have a lot to do to create a society where our women and children feel safe.
Concerning the increase in crime in the small business sector, we need to promote entrepreneurship to grow and transform our economy.
The refusal to release statistics on a regular basis fuels public speculation. It results in a negative perception about crime in our country. Until we deal convincingly with the massive inequalities and the crisis within the social fabric of our society, crime will remain a huge problem in our country. I thank you. [Applause.]
Mnr P J GROENEWALD: Agb Voorsitter, die VF Plus salueer daardie manne en vroue in uniform wat selfs bereid is om hulle lewens op te offer om vir my, u en die publiek te beskerm.
As ons kyk na die misdaadstatistiek, is die rooftogte wat by woonhuise uitgevoer word, uiters kommerwekkend vir die VF Plus, want daar was ’n toename van 27,3%. Dit is een van daardie aspekte wat die afgelope drie jaar elke jaar toegeneem het en as jy die tydperk oor die drie jaar vat, was daar ’n toename van 54,2%.
As ons ook kyk na motorkapings wat ’n toename van 5% toon, sien ons dit het ook oor die afgelope drie jaar ’n toename van 16,3% getoon. Die VF Plus sê daar waar die publiek veronderstel is om veilig te wees - by hul huise, waar hulle vrede moet hê of waar hulle op pad na of terug van hulle werk is
- word hulle lewens bedreig. ’n Rooftog is niks anders as om iemand se lewe te bedreig nie. Dit maak Suid-Afrika nog steeds onveilig wat misdaad betref.
Daar is ’n afname in terme van moord en poging tot moord, maar die gemiddelde syfer per 100 000 is nog steeds 37,3. Dit is steeds agt keer meer as die wêreldgemiddeld en ons sal moet kyk om dit korrek aan te spreek. Ek dank u. (Translation of Afrikaans speech follows.)
[Mr P J GROENEWALD: Chairperson, the FF Plus salutes those men and women in uniform who are even prepared to sacrifice their lives in order to protect me, you and the public.
Looking at the crime statistics, the robberies that are carried out at residential homes are extremely alarming to the FF Plus, because there has been an increase of 27,3%. This is one of those aspects which have seen an annual increase for the past three years, cumulating in an increase of 54,2% over this three-year period.
Looking at car hijackings as well, which reflect an increase of 5%, we have also noticed that over the past three years there was an increase of 16,3%. The FF Plus is saying that where the public is supposed to be safe – in their homes, where they should have peace, or when they are travelling to and from work – their lives are under threat. A robbery is nothing less than a threat to take someone’s life. This is what still renders South Africa unsafe as far as crime is concerned.
There has been a decline in terms of murder and attempted murder, but the average rate per 100 000 is still 37,3. This is eight times more than the world average and we will have to look into addressing this properly. I thank you.]
Rev K R J MESHOE: Chairperson, while the ACDP welcomes the release of crime statistics today, we believe they are long overdue. Our people want to know whether government is successful in their fight against crime or losing. Withholding this vital information from the public leads to much speculation and the conclusion that government is failing in its most fundamental responsibility of protecting its citizens.
It is reported that countries that struggle with high crime rates, such as Northern Ireland, publish six statistical reports a year, and in the US, the New York Police Department releases weekly statistics. We believe our crime statistics should initially be released quarterly, then later on a monthly basis.
The ACDP is unhappy about sexual offences that have increased by 10% and household robberies that have increased by 27,3%. Many of these robberies take place while people are at home and they are left highly traumatised. That is why much effort has to go into reducing them.
The ACDP commends the police for the areas where they have been successful. I thank you.
Mr R B BHOOLA: Chairperson, the MF strongly believes that we have to deal with crime in a broader sense. And it is not only the responsibility of the Minister dealing with safety and security, but that of all the relevant Ministers, including the Ministers of Economic Development, housing, etc. Socioeconomic stability and the removal of poverty must be given the highest priority.
The MF, indeed, welcomes the commitment and the initiatives of the department to eradicate crime, but strongly believes that professional criminals require the strong arm of the law. The MF is pleased to note the reduction of crime in certain areas and hopes that we all are responsible for committing ourselves to eradicating crime, or should I rather say, it is everyone’s responsibility, who breathes South African air and lives on South African soil, to fight for a crime-free South Africa. [Applause.]
Mrs L S CHIKUNGA: Hon Chairperson, members of the executive, Members of Parliament, in April this year we went to the electorate to renew our mandate and to determine democratically what the will of the people is on who should govern our country and its people.
Every single party represented in this House, through their manifestos, made a commitment to fight crime. Today poses a challenge to all of us on how we deal with the reality of the situation. We are reflecting on what results our efforts have brought us, but also need to look at what more we can do to ensure that our country becomes the one we all aspire to, and our nation becomes the proud and dignified nation it is supposed to be.
I would like to thank the Minister for his frank and open approach in dealing with the release of the crime statistics. It is encouraging to see that the Minister understands and acknowledges the challenges that he and his department are facing, but also that they have already started to address these challenges decisively.
The fact that the Minister briefed the committee and that we did not read about the release in the media clearly illustrates Parliament’s role as partner in the fight against crime. [Applause.]
Once more, let me extend our appreciation, as a portfolio committee, to the Minister for the manner in which he dealt with these results by taking the portfolio committee into his confidence before releasing them. All parties, the ANC, IFP, ACDP, Cope and FF Plus, expressed this view and an understanding of the need for a closed meeting. [Applause.]
As the ANC, we agree that crime is a challenge for all of us. We also agree that it affects all of us across racial lines. We are of the strong view that a partnership in crime fighting is the answer. We believe that we have the means to fight crime. Themba Khumalo, the editor-in-chief of Daily Sun, on 7 September 2009 said:
The time is already here when together we should be fighting back. It is the great battle between the forces of good and the forces of evil. It is time to pick a side, become a soldier and go to war again.
I think this view expressed by Themba Khumalo is correct, and I think we need more of these messages and actions from many of us to drive the point home.
The crime statistics released by the Minister of Police today confirm again that crime in South Africa is violent. Robberies, hi-jackings and sexual offences confirm the violent nature of crime. They further reflect the type of society we are or have become. Crime talks to the moral fibre of our community. It has become easy for even people who regard themselves as law- abiding to turn to violence. We have seen violence in our universities during student protests and in communities protesting about service delivery. This proves that more and more we are becoming a violent nation.
The everyday assaults of farm dwellers by some farmers and sometimes the killing of farmers is proof of how we have opted to use violence in our everyday life. The time has come, we have to stop this violence, first amongst ourselves as forces of good so that we can easily identify the forces of evil.
The released crime statistics is the systematic measure of various factors. It reflects the levels and types of crimes that have occurred in a specific period, in this case, between 1 April 2008 and 31 March 2009. In addition, these crime statistics will serve as an indicator of crime that is likely to occur and, as such, the measures to implement.
The increase in business robberies is indeed worrying. It is true that two thirds of business robberies affected small businesses and, in our townships, RDP houses, etc. The large amounts of cash that are kept at these business premises could be an issue. I think, together with our banks and our businesses, we urgently need to find a solution to this problem.
We have been informed that robberies affecting big businesses remain stable, which we appreciate, but we think more can still be done to reduce that further.
The increase in house robberies might be an indication of many issues, including the seriousness in the investigation of these crimes if there was no murder or rape committed. Criminals study how we react to their evil deeds. We believe that strengthening police patrols, community police forums, street committees and rural safety committees, as well as arrests and convictions of perpetrators might reduce this crime.
The gradual decline in murder and attempted murder is welcomed. The fact that in 54% of cases a knife is the object that is used to commit murder or attempted murder indicates that the victim will be killed in close proximity to, or possibly by a known person. This is indeed worrying.
Over the past 15 years this government and this Parliament voted a huge slice of the available budget to the SAPS. Human and capital resources have increased significantly. Our success in the fight against crime did not always match our investment. We would closely monitor the output of the SAPS so as to ensure that the people receive the service that they require and deserve. We need to reap the benefits from our investment.
Looking at the areas of success as highlighted here today, it is clear to the ANC that underlying those successes are strong partnerships and very good intelligence. It therefore becomes imperative that the department should strengthen its intelligence capacity at all levels of the service.
Every single police officer must know that the work they do should be informed by intelligence and that while they are conducting their daily tasks, information should be treated as probable intelligence in another case.
The SAPS cannot afford to work in silos. The work of one division will and should inform the work of another, and police officers should be aware of all aspects of policing.
We welcome the strengthening of the detective services through the recruitment and training of detectives. We are also, however, aware that many of the skills that a detective needs, he or she should develop over the years while doing the job.
With regard to training, we should also urge the Minister to seriously review and evaluate current approaches to training, and training of SAPS officers. Too many reports are received on poor service from the police and botched investigations that lead to mistrust.
It is clear that partnerships form a great part in determining the successes that are achieved in bringing the crime figures down. The significant drop in ATM robberies is an example. It is to this extent that we, as Members of Parliament, representing our various constituencies, have an important and leading role to play.
We should encourage the establishment of strong, active community police forums, or CPFs and street committees. We should explain the advantage that comes with the involvement of a community in determining its safety needs and plans. Our role should not just be to criticise - that comes easily - our role should be to mobilise and act.
As much as crime affects all of us, rich or poor, educated or not, criminals are part of our communities. They are someone’s brother, sister, father or friend. They live amongst us. If we judge the SAPS on the crime statistics let us remember that society, which we are part of, is judged by the nature of our crime.
In conclusion, I want to say that it is easy for a member, by being too negative, to become a burden to even the party she or he belongs to. I think hon Kohler-Barnard might be getting there. I thank you. [Applause.]
Debate concluded.
ACHIEVING CLEAN AUDITS OF ALL MUNICIPALITIES BY 2014
(Statement)
The MINISTER FOR CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS: Chairperson, I am ready for your call, as a cadre that is always ready for combat. As a choir conductor, I am standing in front of you today to give you a report regarding the harmony of the choir across the length and breadth of this country. [Laughter.]
We have taken a bold and decisive step on the decision to embark on a campaign called Operation Clean Audit 2014. This campaign is part of a broader clean-up campaign, which is aimed at ensuring that we are able to move forward as a country. It stands on four legs. The first leg is Operation Clean Audit 2014.
The second leg is clean cities, towns, townships and villages. This campaign is aimed at ensuring that we turn waste into wealth; that we call waste a raw material and not waste.
The third leg is debt collection, which is aimed at ensuring that this country will mobilise its people to be good citizens. Municipalities, as we speak, are owed over R53 billion. Our people are in the debt traps of loan sharks and that is why we are saying that our people must be able to manage their debt and that government is able to pay municipalities. The last leg is infrastructure backlogs and local economic development. Every municipality in South Africa must be able to do an audit around service delivery backlogs and they must also be able to quantify these backlogs. That is what we call, overall, a clean-up campaign standing on four legs.
Operation Clean Audit 2014 will certainly contribute to building a clean government. This campaign pierces the heart of corruption, fraud and mismanagement in terms of finances, and at the same time it is able to free up financial resources for service delivery.
We are counting on you, as an important institution, to represent our people. We will also ensure that, as we go forward, we report on the road we have traversed and the programmes ahead.
We launched this campaign on 16 July 2009 in Boksburg, Ekurhuleni Metro, in the Gauteng province. Among the people who attended this campaign were members of this august House, members of the NCOP, provincial legislatures, premiers, MECs, HoDs, individuals from the private sector, government officials, some Cabinet colleagues, auditors-general, accountants-general, etc.
The launch was the beginning of the end as far as disclaimers, adverse opinions, and qualified audits in provinces and municipalities are concerned. The goal that we have is that by 2011 there should be no disclaimers or audit opinions. The CHIEF WHIP OF THE OPPOSITION: Chairperson, may I ask the Minister a question?
The HOUSE CHAIRPERSON (Mr K O Bapela): Are you willing to take a question, Minister?
The MINISTER FOR CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS: Chairperson, I will. At the end of my speech I’ll be ready for you, Mr Davidson.
By 2014 there should be no municipality or provincial government department that has a qualified opinion. [Interjections.] That means we must have a clean audit across the country. [Interjections.] This pledge that I am talking about today is a pledge that has eluded us for the past 15 years.
To this effect, we launched this campaign in the North West on 11 September. We will be launching it in Limpopo on 23 September and also in Gauteng on 15 October. All other provinces must launch this campaign before the end of November this year.
Let me tell you a story about the Western Cape, colleagues. The Western Cape, as a province, launched our campaign in secret. [Interjections.] [Laughter.] The Western Cape stole our idea and implemented it without acknowledging or recognising its owner. [Interjections.] What is it called when you take someone else’s idea and make it your own without ensuring that you acknowledge the owner of that idea? We have a patent right on this campaign and the idea around it. [Interjections.]
The HOUSE CHAIRPERSON (Mr K O Bapela): Order, hon members!
The MINISTER FOR CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS: We want to tell you that the Western Cape itself says that it launched Operation Clean Audit 2014. They are stealing our ideas without acknowledging that they have taken our ideas. [Interjections.] What is that called?
You are here to judge. In this campaign you can see that it has a vision, a goal, a purpose and at the same time some milestones. We are putting ourselves in front of you to say that you must judge us on the clear objectives that we are setting up in front of you today as South Africans.
The question that we must ask ourselves, when we talk about this vision and this goal is: Where are we? Let me analyse the Auditor-General’s reports of 2006-07 and 2007-08, which read thus in terms of municipalities. There are 283 municipalities in South Africa. In 2006-07 disclaimers were at 105, which is 36%, and they decreased to 90, which is 31% in the 2007-08 financial year. Adverse audit opinions decreased from 21, which is 7%, in 2006-07 to 10, which is 3%, in 2007-08; qualified audit opinions decreased from 82, which is 29%, in the 2006-07 financial year to 63, which is 22%, in the 2007-08 financial year; financial unqualified audit opinions with matters of emphasis increased from 79, which is 27%, to 122, which is 42%, in the 2007-08 financial year.
Financial unqualified audit opinions with no maters of emphasis – that means with a clean bill of health – increased from three, which is 1%, in the 2006-07 financial year to six, which is 2%. That is a 100% increase in 2007-08.
The provincial departments and their entities have shown a steady increase in terms of the management of their finances. The statistics are as follows: disclaimers decreased from four, which is 3%, to three, which is 3%, in 2007-08; adverse audit opinions decreased from three, which is 2%, in 2006-07 to two, which is 1% in 2007-08; qualified audit opinions decreased from 56, which is 47%, in 2006-07 to 38, which is 32% in 2007-08; financial unqualified audits increased from 50, which is 42%, to 69, which is 58%; financial unqualified audit opinions with no matters of emphasis have increased from six, which is 6%, to seven, which is also 6%. That is the picture that we have and that is where we are as we speak. And we have outlined a vision for where we want to be.
The question then is: What is your role as Members of Parliament? What I am saying here today is that I am throwing down the gauntlet and that, in your area of responsibility, you must be able to … Mr M J ELLIS: Chairperson, on a point of order: The hon Minister has said that he is now going to tell us what our role as Members of Parliament is. I wonder if he could just give us those statistics again, so we will be clear as to what the problem is.
The HOUSE CHAIRPERSON (Mr K O Bapela): You will get them in the Hansard, hon member. Hon Minister, please continue.
The MINISTER FOR CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS: What I am saying, Chairperson, is that, as Members of Parliament, it is quite important that in our municipalities we ensure that the structures are in place to ensure that the resources given are used properly. At the same time we are saying that you must make sure that in your areas the provinces are able to account for resources. You can’t come here and be involved in howling without playing a constructive role in ensuring that the country moves forward as one. We are calling on you to rise above howling and rather contribute positively. [Applause.]
No situation is just gloom and doom. There are a number of provincial departments and municipalities that are doing very well. There are best practices out there and we have used these municipalities and provinces that have consistently achieved clean audits to assist in other areas and share their experiences.
You cannot have a situation where you have an island of good practices or best practices, surrounded by a sea of wrongdoing as you go forward. Therefore, we are saying in this situation that this will be turned around and we are making this groundbreaking announcement and saying that we should move forward together.
These municipalities are applicable across all parties, including the DA municipalities. Even they are having serious problems, if you care to know about it. Therefore, there are no angels. [Interjections.] We can give you the statistics. There are no angels in this case. [Interjections.]
By 28 September we will be part of the Annual Conference of Public Accounts Committees, Apac, organised by this Parliament, when we will be making further groundbreaking announcements. Equally, on 7 October, the parliamentary committees will be coming together and we will be giving a report on the issues surrounding audit opinions, because we believe they are important.
We will be visiting all provinces with my colleague, the Auditor-General of the Department of Public Service and Administration from 30 September to 30 October and we will be going to those areas with accountants-general. We are saying, “Woza 2014!” [Come on, 2014] We shall win this battle in the interests of our people. We are saying victory is certain. I thank you.
The HOUSE CHAIRPERSON (Mr K O Bapela): Minister, don’t move! Remember you said you will take a question from the hon Mr Davidson?
The CHIEF WHIP OF THE OPPOSITION: Chairperson, I can assure the Minister that it is a very simple question and I’m sure he does know the answer, because he had lots of undertakings and targets set.
The question is purely and simply this: What is the sanction that will be applied if those targets are not met? [Interjections.]
The MINISTER FOR CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS: Chairperson, sanctions against whom? What we will be doing with people we have committed ourselves to is that we have agreed that these issues are going to be part of the performance contracts in terms of the accounting officers at municipal level. Therefore, people who were supposed to do the work are going to have to ensure that they do what is required. If they have not performed, they will not get performance bonuses; and if they get bad audits or opinions in consecutive years, they will be dealt with. [Interjections.]
In that respect, we are saying that from our side we are committed to ensuring that the correct things are done. You are supposed to be joining us in ensuring that we build the country together, because even here in the municipalities of the DA, we are going to be cracking the whip if things are not going satisfactorily. Thank you. [Applause.] Mr W P DOMAN: Chairperson, this is a good initiative by the Minister and his department, and it is a good thing that he comes to Parliament to announce it here where we can debate it. However, the hon Minister was a bit out of tune regarding the Western Cape.
On 20 August he said here in Parliament that 86% of the DA-controlled municipalities in the Western Cape did not hand in their books to the Auditor-General, but it only had to be in at the end of August. I believe, at that stage, 100% of the ANC municipalities hadn’t handed in their books! [Applause.] I have checked and, as we stand here today, only two DA- controlled municipalities in the Western Cape haven’t complied.
I would to like to ask the Minister why this initiative is necessary. It is actually an acknowledgement that the closed patronage system of cadre deployment of the ANC is a failure. [Applause.] It is easy to be ideological and implement a policy whereby only comrades are employed, but policies are always tested by reality, and reality will show which will endure and which are flawed.
The Minister has to come up with this initiative to try and rescue a desperate situation. He gave us the percentages here; 14% of municipalities didn’t even submit their books for an audit. Only 33 municipalities were given a clean audit. At any given time more than 12% of chief financial officers’ positions are vacant, some for months, because ANC-controlled municipalities can’t find a comrade that is remotely suitable for the position and they don’t want to appoint other suitable candidates - even if they are black - on suspicion that they support another party like the DA or Cope. [Applause.]
This initiative is going to fail, Minister, unless the ANC-controlled municipalities start to appoint people on merit, which requires that qualifications, experience and proven skills in financial matters be the determinant in appointments. Since 2006 a total of 1 283 professionals and experts have been deployed to municipalities and still the situation is desperate - desperate, because the ANC does not want to accept that municipal officials should be independent and appointed on merit only.
Belastingbetalers regoor Suid-Afrika is vuisvoos geslaan deur die verhogings wat hulle die afgelope jare in hul munisipale rekenings moes verduur. Die verhoging van die koste van elektrisiteit deur Eskom is maar een aspek daarvan. Die wanadministrasie; korrupsie, veral met tenders; vermorsing op luukshede soos burgemeestersmotors en oorsese reise; swak kredietbeheer; en die oorspandering op gratis dienste by die meerderheid van munisipaliteite het ons na aan die punt gebring dat getroue betalers dit net eenvoudig nie meer kan bybring nie en ook weerstand opbou om hoegenaamd te betaal.
Belastingbetalers verwag waarde vir hul geld. Hulle verwag goeie basiese dienste, maar hulle verwag ook skoon geouditeurde state as ’n aanduiding dat ’n munisipaliteit verantwoordelik met hulle geld omgaan. Skoon oudits is een ding wat weer bietjie vertroue in munisipale bestuur kan inbring, en daarom is die DA voluit vir hierdie inisiatief wat u loods.
Finansiële wetgewing is in plek, dit is nie die probleem nie. Die probleem is hoe om daaraan te voldoen. Volgehoue opleiding in finansiële bestuur op alle vlakke kan nie genoeg beklemtoon word nie en ’n mens bly ook bekommerd oor die wiskundige vaardighede van leerders wat skole verlaat en op toetree- vlakke by munisipaliteite begin werk, want almal speel ’n rol om ’n skoon oudit te lewer.
Die DA wens die Minister en sy departement sukses toe met hierdie nuwe inisiatief, maar ek wil herhaal dat dit doodgebore is as die ideologie van kaderontplooiing nie plekmaak vir meriete nie. Finansiële werklikhede ontbloot politieke speletjies. [Applous.] (Translation of Afrikaans paragraphs follows.)
[Ratepayers across South Africa are punch-drunk as a result of the increases which they have had to endure over the past few years with regard to their municipal accounts. The increase in the cost of electricity by Eskom is just one aspect thereof. The maladministration; corruption, especially with regard to tenders; squandering on luxury items such as cars for mayors and overseas trips; poor credit control; and the overspending on free services by the majority of the municipalities have brought us close to a stage where faithful payers simply cannot afford it anymore and are also building up a resistance to paying in any way whatsoever.
Ratepayers expect value for their money. They expect good basic services, but they also expect clean audit reports as an indication that a municipality is dealing responsibly with their money. Clean audits are the one way in which trust in municipal management can again be gained and, therefore, the DA fully supports this initiative that you are launching.
Financial legislation is in place, this is not the problem. The problem is how to comply with it. Continuous training in financial management at all levels cannot be emphasised enough and one continues to be concerned about the mathematical skills of learners who leave school and start working at entry levels at municipalities, because everyone has a part to play in the delivery of a clean audit.
The DA wishes the Minister and his department well with this new initiative, but I want to reiterate that it will be stillborn if the ideology of cadre deployment does not make room for merit. Financial realities expose political games. [Applause.]]
Mr T BOTHA: Chairperson, following the reality of so many previous declarations and initiatives to get local government working, any reasonable observer would view the Minister’s latest statement with serious scepticism. It is not only too little too late, but just another attempt to shift the goalposts further down the line to, in fact, just beyond the 2011 municipal elections.
Once again, the ANC government is trying to hoodwink voters into believing that all will be right if they just wait for another five years. Yet, history has now overtaken the ruling party’s transparent strategic interventions that lead nowhere.
People are not only disillusioned and angry about poor service delivery, but also about the blatant looting of resources by deployed cadres, who enrich themselves through exorbitant salaries, generously supplemented with so-called performance bonuses; often rewarding incompetence, rather than excellence, not to mention the epidemic levels of nepotism and associated procurement manipulation.
The Auditor-General’s report on the Municipal Finance Management Act, MFMA, outcomes for the 2007-08 financial year indicates that 67% of metros and 56% of related municipalities did not comply with applicable legislation.
Material mistakes in financial reporting were uncovered by the Auditor- General in 100% of the metros and 75% of related municipal entities, due to errors, omissions and inconsistencies. Such errors should have been detected by the metros and municipalities, but they failed to do so, because they failed to implement and maintain due internal audit processes, as prescribed by law. Thank you very much. [Time expired.] [Applause.]
Mr N SINGH: Chairperson, unfortunately one minute is not enough time for me to go into a dream and wake up from this dream that the Minister has. Notwithstanding that, hon Minister, we want to support this noble objective of ensuring that there are clean audits by 2014.
However, there are a couple of challenges. The first challenge is capacity. We have heard about projects before; we have heard – some in the House would have heard – about Project Consolidate, which was intended to beef up the capacity of officials at a municipal government level.
It didn’t work. Many chief financial officers in municipalities don’t have even the wherewithal to prepare statements that the Auditor-General can report on, and this is where, Minister, your department has got to ensure capacity.
Secondly, with reference to the oversight mechanism, municipal public account committees don’t exist. They are not compulsory; they are mandatory at national level, they are mandatory at provincial level, but it is still something that municipalities may adopt. We need to ensure, as a House, that we adopt legislation that makes municipal public accounts committees compulsory, so that in every municipality there is an oversight mechanism that can ensure that the audit reports are looked into and that measures are put in place that will ensure clean audits. But we support this objective, and we will be back here in 2011 to hear what you have to say about progress. Thank you. [Time expired.] [Applause.]
Mr J J MCGLUWA: Chairperson, the ID is very concerned about a number of municipalities that received qualified audit reports and yet are still ignoring the Auditor-General’s recommendations. Some municipalities even operate as if there is no Municipal Finance Management Act.
In order to ensure good and sound governance in municipalities, the ID’s first solution would be to get rid of fat-cat consultants, many of whom are only interested in filling their pockets with money, instead of providing decent service at a reasonable cost.
Voorsitter, ek wil dit beklemtoon. Minister, die OD beveel aan dat u van alle vetkat-konsultante binne die munisipaliteite ontslae raak. Hulle mors ons geld, en hul pryse is buitensporig. (Translation of Afrikaans paragraph follows.)
[Chairperson, I want to emphasise this. Minister, the ID recommends that you get rid of all the fat-cat consultants in the municipalities. They waste our money and their costs are exorbitant.]
The ID further suggests that the Minister should rather employ, or deploy, internal audit units, which would be present throughout the financial year, to look out for financial mismanagement and corrupt activities. Although we support the holistic approach, we believe that each municipality is unique. They need individual attention to assist them in obtaining unqualified audits. I thank you.
Mr P J GROENEWALD: Chairperson, I want to say that the hon Minister is worrying me. I am worried that you may think that you are conducting a choir and that you will find out that you are only conducting yourself. [Laughter.]
Voorsitter, die VF Plus verwelkom enige inisiatief op plaaslike regeringsvlak. Ek wil eintlik vir die agb Minister sê dat ek nie dink dit kan slegter gaan nie. Maar agb Minister … (Translation of Afrikaans paragraph follows.)
[Hon Chairperson, the FF Plus welcomes any initiative at local government level. I actually would like to say to the hon Minister that I do not think things can get worse. But hon Minister …]
… I want to say that you will have to start with your own department, and the targets are targets that sound very good, but about two weeks ago, I asked you a question in this House about a forensic report and the findings thereof that had been completed in 2007. It is two weeks now, and we haven’t heard anything.
Die probleem is as dit die departement so lank vat om net ’n antwoord te gee, hoe lank gaan dit ander munisipaliteite neem? Ek wil vandag, Minister, vir u sê dat indien u u doelwitte wil bereik, gaan u ongeveer die helfte van u munisipale bestuurders moet ontslaan en sorg dat u bevoegde munisipale bestuurders kry wat die werk kan doen, anders leef u in ’n droom. Dankie. [Applous.] (Translation of Afrikaans paragraph follows.)
[The problem is that if it takes the department so long to simply reply, how long will it take other municipalities to do so? Hon Minister, today I would like to say to you that if you want to achieve your goals, you will have to dismiss almost half of your municipal managers and ensure that you appoint competent municipal managers who can do the job, otherwise you are living in a dream-world. Thank you. [Applause.]]
Mrs C DUDLEY: Chair and hon Minister, corruption in South Africa is clearly constraining development of the national economy and significantly inhibiting good governance, and local government is not immune. It has been said that corruption kills the development spirit. Nothing is as destructive to society as the rush to quick and easy money, which makes fools of those who work honestly and constructively.
In South Africa’s complex political economy, tensions have given rise to several forms of corruption, including bribery, fraud, nepotism and systemic corruption. If we are to prevent corruption and to make it unacceptable, we will require long-term education and awareness, as well as significant consequences.
It is vital that government accurately identifies the reasons for the failures within municipalities. Some capacity failures may be a lack of budget and some a lack of specific skills, but indications are that, in most cases, it is a lack of leadership. It is obvious to all that before anything else, government must deal with political failures; in other words, put the right people in the right posts. Then maybe Operation Clean Audit 2014 will succeed. Thank you.
Mr R B BHOOLA: Chairperson, hon Minister, we all want to see clean cities and towns and, indeed, we want to live in clean cities and towns. However, I agree fully with your statement that you have to crack the whip. You have to crack the whip!
If you look at local municipalities, and if you want to enhance and raise the levels of service delivery, you need to deal with incompetence, lack of skills and people who are just filling the space.
Hon Minister, the Minority Front welcomes your noble intention and is hopeful that we will come back to this very same podium and address the challenges that you have achieved by then. We want to point out that it is absolutely imperative, and important, that you put in place a monitoring mechanism to deal with the accounting officers who are dealing with municipalities’ financial matters and don’t have the necessary skills and capabilities. Thank you. [Applause.]
Mr S L TSENOLI: Chairperson, hon Dudley makes a very significant observation about the complexity of the political economy of our country. But not only that, she also points out to us, in addressing the question of clean audits, that we must locate it within the broader problem that we are seeking to address. In other words, the absence of clean audits is in fact symptomatic of something bigger.
So, the Auditor-General indicates to us, as an example of good practice, that one mayor of Cacadu proved very effective in bringing about clean governance in the district, because he played a critical oversight role and provided leadership in the area. This he did after receiving feedback from the Auditor-General and others, and in the process of managing the administration.
The mayor told us as a committee, in our interaction with him, that their chief financial officer, who was critical to this process, was poached by a municipality with bigger financial muscle, namely the metro. So, they were confronted with a problem that their staff was poached, which created a gap with regard to their capabilities.
So, this reflects the fact that the problem of the differently financed municipalities – the rich vs the poor in the areas that we are operating in – has an effect on the ability of the poorer municipalities, largely in rural areas, to attract and retain effective professionals at a variety of levels, including the area of running finances, etc. That is the broader picture we must address.
In other words, the underdevelopment - the skewed nature of development in our country - is partly to blame for this. We have to look at the historical reasons.
Secondly, the rural-to-urban migration is an important factor. The fact that professionals are leaving the poorer municipalities of the rural areas to move to urban areas and so on, creates this gap. Thirdly, migration from the public to the private sector is becoming an important factor in looking at what is happening at these municipalities. When we speak about the absence of clean audits, we must look sufficiently into the reasons for the absence of skills that people are talking about, including of leadership. Obviously, this is compounded by the fact that, like in any institution, each municipality must create an environment in which it is able to retain and keep the professionals and skilled people that it does get from time to time. They must make sure that these professionals stay in the area, and they must deal effectively with these issues.
There’s no doubt that in the absence of such an environment, such professionals become vulnerable to poaching not only by richer municipalities, but also by provincial and national departments. This denudes the municipalities of the capacity they need to handle these issues.
The Auditor-General makes an important observation, that there is a paucity of skills in the country generally, in national and provincial departments, and more so at a local level. Some of the ideas that we are debating and discussing regarding a single Public Service, inducting and training all public servants into systems that will enable them to migrate across the three spheres, will go towards addressing this issue in the long term. That is an important aspect of what we are debating and discussing today.
The Minister is correct, dealing with clean audits requires a comprehensive overall approach. In other words, we should be able to manage the issues of debt collection, for example - keeping the resources you have and using them for service delivery. This is going to make a big difference. In other words, clean audits will only be effective as a vehicle for improving not only service delivery, amongst other things, but also general good governance in those municipalities.
The country must address the problem of capacity not only at municipal level, but generally. We are dealing with backlogs of human resource development in this country that have major implications for our work across the board.
It is as a result of underinvestment not only in the past 15 years, but also before that, that we do not have sufficient numbers of professionals across the board. We’ve spoken about the poor quality of performance, at tertiary level, of the people we need in various areas of our work. This partly manifests itself in the poor and not-so-clean audits that emerge from municipalities, so the initiative is crucial to contributing to a national strategy for developing human resources at municipal level.
Let me start with you, hon Tozamile Botha. When you were deployed as a director-general in the Eastern Cape and a comrade from head office requested you to come and account, you said to the comrade: Nithe mandiphathe. Ndiphethe. Ndize kuphendula ntoni? [Kwahlekwa.] Usayikhumbula loo nto, tata? [You said I must manage. I am managing. What must I account for? [Applause.] Do you still remember that, sir?] That is what you said, as a deployed cadre. Today you stand here and you object to us doing that. This is the most crucial part of the work that we do. Every town and every city where the DA has won an election, they have removed the people they found there, including the people they claimed were appropriate for those jobs. This is especially the case down here, where they assume that women do not have the appropriate skills.
I don’t know how you refer to “cadre development”, but it is referred to as such in politics everywhere else. The party that runs the country chooses the people it considers the best, and in the process of choosing such people there will be mistakes. So, those will be dealt with.
Naturally, in working towards achieving the results that we desire, some of the human resource decisions – not only in the public sector, but also in the private sector – do not go the way we want them to. The issue is the responsiveness with which we ought to react when that happens. That is what this strategy does: It announces an initiative that complements our intention to build a very strong, national integrity system. This system emphasises to our institution the necessity to run clean public sector institutions, including municipalities, so that the citizens can benefit from that.
No doubt, I agree with those members who say that we need to be responsive and to respond in time to issues that are raised. This is what citizens on the ground want from municipalities, and this initiative is intended to do that. What’s wrong with dreaming?
The importance of the announcement of the clean audits campaign is that the announcement falls squarely into our overall job to continue to learn from the past and, looking ahead, to build the sort of institutions that we would like to be proud of.
There is no shifting of goals here. What is happening is that we have to learn from the past and take new steps in the right direction. In the past, those with experience used to say that when we get lost, we should retrace our steps so that we can see where we went wrong.
We agree with the Minister that in carrying out our oversight responsibilities as Members of Parliament, we must interact with those who work in these municipalities to ensure that a political environment is created for the retention and continued attraction of others to serve on the municipalities to help them carry out their duties properly. Thank you, very much.
Mr D A KGANARE: Moholwane ke ne ke batla ho tseba hore na o ka nka potso? [Hon member, I would like to find out whether you will take a question.] The HOUSE CHAIRPERSON (Mr K O Bapela): Will you take a question? You still have one minute left.
Mr S L TSENOLI: What is the question? Let me take the question.
Mong D A KGANARE: Ke ne ke batla ho tseba ntate hore ditoro tsena tseo o ntseng o bua ka tsona, o re di tlo fihlelwa neng hobane le wena o a bua hore ke ditoro? (Translation of Sesotho paragraph follows.)
[Mr D A KGANARE: Hon member, when are these dreams that you are referring to going to be realised, as you have indicated that they are dreams?]
Mr S L TSENOLI: Hon Kganare, you were a member of a very important trade union, and we believe that change is a process. We haven’t changed from understanding that. You want us to commit to specific dates? Change is a process.
Regarding the dates that have been announced by the Minister, you want me to come up with mine as well? [Laughter.] You mean you, you don’t understand?
Debate concluded.
CONSIDERATION OF RECOMMENDATION OF PERSONS FOR APPOINTMENT TO THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION
Ms M SMUTS: Chairperson, a tribute to the outgoing human rights commissioners is in order before our new commissioners are voted into office.
Seven years ago Parliament voted 11 new commissioners into office. The President, who must sign their appointment and who has no discretion in the matter, however, appointed only five.
Despite their diminished number, Chairperson Jody Kollapen and Commissioners Zonke Majodina, Leon Wessels, Karthy Govender and Tom Manthatha have carved out the kind of place for the Human Rights Commission that we envisaged, first in 1994, and then in the final Constitution. They did so well that the Chapter 9 Review recommended changing the law to prolong their terms of office, pending the possible proposed creation of an umbrella rights commission.
Now, that amendment has not occurred, but, more seriously, nothing else has been done to bring their law, passed in 1994 – the very first statute passed here – in line with the final Constitution. This neglect, in fact, played a role in the appointment of only five commissioners seven years ago.
The newly constituted Justice committee intends to correct all of this, and makes an early start today by recommending six persons to hon members, which brings their number then to seven. Budgets permitting, we want to appoint more.
This is a good beginning. Moreover, the new commissioners bring some of the expertise we need. Dr Danny Titus, who holds an LLM and an LLD from Leiden University, all but wrote the book on policing and human rights, while Adv Malatji, as Head of Legal Services of the SAPS in Limpopo, taught policemen not to shoot first and settle damages claims later.
He is South Africa’s very first black blind advocate and he will drive the rights of the disabled at the SAHRC, and government can moreover learn a thing or two from him about job creation.
The DA acknowledges that it has been accommodated in the list serving before hon members today. We have been accommodated. We will, nevertheless, abstain in order to indicate our discomfort at the inclusion of one candidate, in particular.
I do feel that I must place on record the fact that Adv Lawrence Mushwana, the outgoing Public Protector, repeated the very sentiments which gave rise to a dispute between the ad hoc Chapter 9 committee and himself a year or so ago. We advised him in the course of that review that a Chapter 9 body, albeit an organ of state, is not subject to the dictates of co-operative government. It stands to reason. We cited the Constitutional Court’s judgment – that is, IEC v Langeberg Municipality – that these institutions must “manifestly be seen to be outside government”.
Imagine my disbelief, then, when Adv Mushwana said in his interview that he continued to hold the view that the Chapter 9 institutions could co-operate with government because they were institutions “within government”. When I challenged him to get this on record, he said that they were not part of government, but that we had to “look at reality, the President appoints them”.
The reality is that it is this body, the National Assembly, which chooses them, that votes them into office, which holds them to account, while simultaneously assisting and respecting them.
I will assist and I will respect from the moment the President signs on the dotted line. That is why I put this on the record now - I have now done it – why we will abstain from this vote. But we will hold it to account in future. [Applause.]
Ms L H ADAMS: Chairperson, the appointment of commissioners for the SA Human Rights Commission is a very important moment in the further development of constitutional rights in South Africa and definitely deserves the careful attention of the National Assembly.
Cope supports the candidates as recommended by the Portfolio Committee on Justice and Constitutional Development. However, concerns are raised regarding one of the candidates, Adv Loyiso Mpumlwana. Parliament must ensure the recommendation of individuals who have the necessary commitment to the protection and advancement of human rights and constitutionalism in South Africa, as well as the qualities and track record to demonstrate their suitability for such a significant position.
Although not specifically questioned about it, the impression created from Adv Mpumlwana’s CV was that he was first appointed as a senior legal adviser in the premier’s office in the Eastern Cape and thereafter as the regional head investigator for the Truth and Reconciliation Commission.
What the CV did not specify is the fact that he was employed in the premier’s office at the same time that he was employed by the TRC. From a statement issued by the TRC, he was found guilty of 8 out of 10 charges brought against him relating to fraudulent misrepresentation.
Clearly, Adv Mpumlwana does not have the desirable attributes that South Africa demands from a human rights commissioner or, at the very least, have the attributes to be regarded as a fit and proper person with high competence and integrity.
The integrity and ethical standards of the SA Human Rights Commission lie at the very heart of the fair and impartial commission envisaged by the Constitution. With a candidate like Adv Mpumlwana one can only hope that the SAHRC, like the TRC, will not be embroiled again in controversy. Thank you.
Mr M G ORIANI-AMBROSINI: Chairperson, we are voting to give the Human Rights Commission a not-so-good membership, which is worse than it could have been, had the best candidates been chosen. Yet the IFP is voting in favour if it, because it is much better than what the ANC wanted it to be and in acknowledgement that substantial given-and-take between the ANC and the non-ANC components of the committee has indeed occurred. In this respect, we thank Chairman Ramathlodi and the hon Holomisa, Jeffery and Ndabandaba for their leadership.
Our vote in support is also justified on account of Chairman Ramathlodi’s initiative, endorsed by the committee, to harness the skill of all candidates shortlisted for the Human Rights Commission into an advisory panel to the Justice committee, on which they will serve on a voluntary basis and without any remuneration or cost to Parliament.
Therefore, even though some of the best candidates cannot provide their skills and leadership to the Human Rights Commission, they can nonetheless contribute to the overall formula of governance through our own committee.
Our vote of support is also based on the undertaking made during the interviews by all nominees to turn over a new page. Until now, the Human Rights Commission has been lame, weak and meek. In the past 15 years, much more has been achieved in the protection of human rights by NGOs, which brought litigation against government in actual redress of human rights violations in spite of their much smaller budgets, which is more than could be said for the Human Rights Commission. This must now change.
The Asmal report clearly indicated that Adv Mushwana misunderstood his role under the Constitution when he was the Public Protector and acted in a subservient and advisory capacity to government. This has been pointed out to him during the interviews and his inclusion on the commission is on the basis of him agreeing to change his ways.
The commission is not there to advise and counsel government or exercise oversight over its department. Its primary role is that of being a defender of freedom and liberty, and stepping up to the task of challenging and redressing any human rights violations in an uncompromising fashion whenever and however they occur. Thank you. [Time expired.]
Mr S N SWART: Chairperson, the ACDP would firstly like to acknowledge the sterling work done by the outgoing commissioners under the leadership of Jody Kollapen. We should remember that the commission is mandated with the very important task of monitoring the progressive realisation by government of socioeconomic rights.
The ACDP also wishes to acknowledge the accommodating attitude displayed by the ANC during the process. We led the questioning of candidates on their understanding of their mandate and how they saw its relationship with the executive in Parliament, and we are grateful for that opportunity.
However, the ACDP shares reservations expressed by my colleagues concerning Adv Mushwana. We also have reservations about Adv Mpumlwana, who, in response to a question indicated that, if he had his way, he would ban the private practice of law and medicine. This is hardly the response expected from someone steeped in a human rights tradition. Consequently, the ACDP will abstain on this vote. Thank you.
Mr J H JEFFERY: Chairperson, there was quite an extensive process undertaken by the Portfolio Committee on Justice and Constitutional Development in deciding on names to fill the vacancies in the Human Rights Commission. To recap: The terms of office of four of the five existing full- time members of the Human Rights Commission will be expiring. One member – that is Pregs Govender – will be left and the one part-time member’s term is also expiring.
Adverts were placed in the media in April, with the closing date in May. The committee and a number of nominations were received from that. The committee decided to readvertise, as the advert didn’t specify that we may want to appoint part-time commissioners. Further adverts were therefore placed in the media closing on 4 September 2009. There were 217 nominations received. We shortlisted 32 and then had interviews from 14 to 17 September. Two nominees withdrew and three more were unavailable. In total we interviewed 27 people.
The quality of the people who were interviewed was very high and the committee was very sorry that it couldn’t appoint more people. One part of the committee report reflects the desire that more funding could be found to engage more commissioners. We nevertheless recommended four full-time and two part-time commissioners, whose names are in the ATCs of Friday.
We also felt that it would be very useful if we could use the expertise that we came across during the interviews, and try to encourage a number of those people who were not successful to give technical support on human rights to the Justice committee as we do our work.
In total, after much deliberation, having to consider the whole issue of representivity, the issue of area and distribution, these are the names that the committee came up with.
In response to two of the previous speakers, on the issue around the role of the Human Rights Commission, it is not an NGO; it is there to protect human rights, but part of it is to engage government on that. If you read the Human Rights Commission’s report, they have received over 1 000 complaints, which were dealt with without having to write formal reports and come up with findings. For example, people who do not have ID books, people who weren’t able to get pensions; and those were done through engagement with government.
Of the 13-odd reports that they have produced since 2002, about 100 have actually been findings against government, and that was during Adv Mushwana’s term. I think it’s been unfortunate that some of the issues were raised in the interviews, for example, Mr Swart referred to Adv Mpumlwana’s comment about not having private lawyers. I think it was misconstrued and misunderstood.
It was in the context of the fact that if you want equality, then you don’t really have equality if a richer person can employ a better skilled or better lawyer. It was in that context that he made the comment. As for the comments by Ms Adams, unfortunately she didn’t raise them in the hearing. It would have been useful to have put those to Adv Mpumlwana and drawn them to the attention of the committee, rather than making a display in front of the House.
Having said that, I would like to thank everybody who participated in the process, the people who applied and the people who came to the interviews and participated in them - I do so on behalf of the chairperson, who is unable to be here, as he is at the Judicial Service Commission hearings - the members of the committee who had to wade through a lot of papers and a lot of CVs and sit through endless hours of interviews. Therefore, as the ANC, we support the names that have been put forward in the report before the House. Thank you. [Applause.]
Debate concluded.
Mr M J ELLIS: Mr Chairman, I believe we have to go to a vote on this anyway, so I’m not sure why you are calling for objections.
The HOUSE CHAIRPERSON (Mr K O Bapela): That is the procedure, and I am not sure why you are questioning it now.
Mr M J ELLIS: I think we should talk to the Table staff and get this sorted out.
The HOUSE CHAIRPERSON (Mr K O Bapela): No, no. Just sit down, hon Ellis. Question put: That the nomination of Ms L Mokate, Adv B J Malatji, Adv L M Mushwana and Adv L K B Mpumlwana for appointment as full-time commissioners and of Ms J Love and Dr D Titus for appointment as part-time commissioners on the South African Human Rights Commission be approved.
Mr M J ELLIS: Mr Chairman, I don’t think it is as simple as that, sir. The Constitution says there has to be a vote in Parliament on this and there has got to be a simple majority.
The HOUSE CHAIRPERSON (Mr K O Bapela): Hon Ellis, I am coming to that guide. You are ahead of us.
Mr M J ELLIS: Mr Chairman, the DA will be abstaining from this.
The HOUSE CHAIRPERSON (Mr K O Bapela): Thank you very much. We will note that abstention. I will now proceed, hon Ellis. You are ahead of me. These are the guidelines we follow every time we have to decide on something.
AYES - 217: Abram, S; Adams, L H; Adams, P E; Ainslie, A R; Baloyi , M R; Bam-Mugwanya, V; Bhengu , N R; Bhengu, P; Bikani, F C; Blaai, B C; Bonhomme, T J; Booi, M S; Borman, G M; Boshigo, D F; Botha, T; Botha, Y R; Cebekhulu, R N; Chabane, O C; Chikunga, L S; Chiloane, T D; Coleman, E M; Cronin, J P; Cwele, S C; Dambuza, B N; Davies, R H; De Lange, J H; Dhlamini, B W; Diale, L N; Dikgacwi, M M; Dlamini, B O; Dlodlo, A; Dlulane , B N; Doidge, G Q M; Dubazana, Z S; Dube, M C; Dunjwa, M L; Farisani, T S; Fihla, N B; Fransman, M L; Frolick, C T; Fubbs, J L; Gasebonwe, T M A; Gcwabaza, N E; Gelderblom, J P; George, M E; Gigaba, K M N; Gina, N; Gololo , C L; Goqwana, M B; Gumede, D M; Gxowa, N B; Hajaig, F; Hanekom , D A; Hangana, N E; Jeffery, J H; Jordan, Z P; Kekane, C D; Kenye, T E; Kganare, D A; Khoarai, L P; Kholwane, S E; Khumalo, F E; Kilian, J D; Komphela, B M; Koornhof, G W; Koornhof, N J J v R; Kota-Fredericks, Z A; Kotsi, C M; Kubayi, M T; Landers, L T; Lebenya- Ntanzi, S P; Lekgetho , G; Lishivha, T E; Luthuli, A N; Luyenge, Z; Maake, J J; Mabaso, X; Mabedla, N R; MacKenzie, G D; Madasa, Z L; Madlala, N M; Mafolo, M V; Magagula, V V; Magau, K R; Magazi , M N; Magwanishe, G ; Makasi, X C; Makhuba, H N; Makhubela-Mashele, L S; Makhubele, Z S; Malgas, H H; Maluleka, H P; Maluleke, J M; Manana, M C; Mandela, Z M D; Mangena, M S; Martins, B A D; Mashiane, L M; Mashigo, R J; Mashishi, A C; Masutha, T M; Mathebe, D H; Mathebe, P M; Mathibela, N F; Matlanyane, H F; Matshoba, J M; Maunye, M M; Mavunda, D W; Mbili, M E; Mdaka, M N; Mdakane, M R; Mentor, M P; Mgabadeli, H C; Mjobo, L N; Mkhize, L N; Mkhulusi, N N P; Mlambo, E M; Mlangeni, A; Mmusi, S G; Mnguni, P B; Mnisi, N A; Molebatsi, M A; Molewa, B E E; Morutoa, M R; Moss, L N; Motshekga, M S; Mthethwa, E M; Mthethwa, E N; Mushwana, F F; Muthambi, A F; Nchabeleng, M E; Ndabeni , S T; Ndlovu, V B; Nel, A C; Nelson, W J; Ngcengwane, N D; Ngcobo, B T; Ngcobo, E N N; Ngele, N J; Ngonyama , L S; Ngwenya-Mabila, P C; Nhanha, M A; Nhlengethwa , D G; Njikelana, S J; Njobe, M A A; Nkwinti, G E; November, N T; Ntuli, Z C; Nxumalo, M D ; Nyalungu, R E; Nyama, M M A; Nyanda, S; Nyekemba, E; Oliphant, M N; Oosthuizen, G C; Oriani-Ambrosini, M G; Padayachie, R L; Pandor, G N M; Peters, E D; Petersen-Maduna, P; Phaahla, M J; Phaliso, M N; Pillay, S M; Radebe, B A; Radebe, G S; Ramatlakane, L; Ramodibe, D M; Rantsolase, M A; Rwexana, S P; Saal, G; Scheemann, G D; Sefularo, M; Segale- Diswai, M J; Selau, G J; Sexwale, T M G; Shabangu, S; Shiceka, S; Shilowa, M S; Sibanyoni, J B; Sibhidla, N N ; SIngh, N; Sithole, S C N; Sizani, P S; Skosana, J J; Skosana, M B; Smith, V G; Snell, G T; Sogoni, E M; Sosibo, J E; Suka , L; Sulliman, E M; Sunduza, T B; Surty, M E; Thabethe, E ; Thobejane, S G; Tinto, B; Tlake, M F; Tobias, T V; Tolo, L J; Tsebe, S R; Tseke, G K; Tsenoli, S L; Tshwete, P; Tsotetsi, D R; Turok, B ; Twala, N M; Vadi, I; van Rooyen, D D; Van Schalkwyk, M C J; van Wyk, A; Vukuza-Linda, N Y; Williams, A J; Xaba, P P; Xasa, T; Yengeni, L E; Zondi, K M; Zulu, B Z.
ABSTAIN - 62: Boinamo, G G; Bosman , L L; Coetzee, T W; Davidson, I O; De Freitas, M S F; Doman, W P; Dreyer, A M; Du Toit, N D; Dudley, C; Duncan, P C; Ellis, M J; Farrow, S B; Figlan, A M; George, D T; James, W G; Kalyan, S V; Kloppers-Lourens, J C; Kohler-Barnard, D; Kopane, S P; Krumbock, G R; Lamoela, H; Lee, T D; Lorimer, J R B; Lotriet, A; Louw, A; Lovemore, A T; Marais, E J; Marais, S J F; Masango, S J; Maynier, D J; Mazibuko, L D; Michael, N W A; Mnqasela, M; Mokgalapa, S; More, E; Morgan, G R; Motau, S C; Mubu, K S; Ollis, I M; Pretorius, P J C; Rabie, P J; Rabotapi, M W; Robinson, D; Schafer, DA; Selfe, J; Shinn, M R; Smiles, D C; Smuts, M; Steele, M H; Steyn, A; Steyn, A C; Swart , M; Swart, S N; Swathe, M M; Terblanche, J F; Van Der Berg, N J; Van der Linde, J J; Van der Walt, D; Van der Westhuizen, A P; Van Dyk , S M; Waters, M; Wenger, M.
Question agreed to.
Nomination of Ms L Mokate, Adv B J Malatji, Adv L M Mushwana and Adv L K B Mpumlwana for appointment as full-time commissioners and of Ms J Love and Dr D Titus for appointment as part-time commissioners on the South African Human Rights Commission accordingly agreed to, in accordance with section 193(5)(b)(ii) of the Constitution.
CONSIDERATION OF RECOMMENDATION OF A PERSON FOR APPOINTMENT AS PUBLIC
PROTECTOR
Mrs N W A MICHAEL: Hon Chairperson, the South African Constitution in section 1, the Bill of Rights, makes provision for the protection of human rights. The protection mechanisms are also called “the state institutions supporting constitutional democracy”. Chapter 9 of the Constitution creates seven institutions for protecting people’s rights and for making sure that the government does its work properly.
One of the most important of these institutions is the Office of the Public Protector. The Public Protector is, therefore, one of the very cornerstones of our democracy. The Public Protector represents citizens and watches over the activities of government officials to stop them abusing their powers. The Public Protector is an independent official and is accountable to the Constitution.
Public Protector officials must act in a transparent way and must send a report of their activities and findings to Parliament at least once a year. I have been asked many times what the actual function of the Public Protector is.
Allow me now, in a nutshell, to give a brief breakdown of the functions of this office. The Public Protector must investigate complaints about any of the following: poor administration of government, government officials who abuse their powers, improper conduct of public officials, corruption of public funds by public officials and any act or omission by public officials that results in prejudice to a citizen. It must also resolve disputes and refer matters to other agencies, for example the Attorney- General, to prosecute the person who is found guilty of any misconduct.
I have also been asked who can approach the Public Protector. The answer is simple: Any person can make a complaint to the Public Protector. If you want to make a complaint, you must make an oral or written statement stating the following: what the complaint is about, why the Public Protector must investigate the complaint and give other information that might be relevant to the case. The services of the Public Protector are free. One of the biggest problems facing the Public Protector is the lack of public knowledge of this important office. Most of us sitting here know exactly what the Public Protector must do, but the general public have very little information regarding this office. This particular point came out very strongly during our recent interview sessions with all the candidates and they all indicated that they would want to make this office more accessible and better known.
I would now like to discuss the process that the ad hoc committee on the appointment of the new Public Protector went through. Firstly, allow me to thank the committee for ensuring that the process was free, fair and transparent at all times. I would also like to thank my colleagues on the committee for ensuring a professional yet congenial atmosphere during the entire process.
What can be at times a very tedious and time-consuming process was kept interesting and enjoyable by ensuring that questioning was both vibrant and relevant. Much of the success of this committee is thanks to the committee chairperson, the hon Mike Masutha, whom I thanked in the committee but would once again like to thank in this House.
I am thrilled that the recommended candidate’s name, Ms Thulisile Madonsela, comes to this House for acceptance backed by the unanimous support of the ad hoc committee. I can inform this House that the atmosphere in the committee was quite festive when we realised that, regardless of party affiliation, all parties represented were in favour of the same candidate.
Allow me to express the contentment of the DA regarding the name of the suggested appointee, Ms Thulisile Madonsela. She has displayed a sense of fairness and justice, the ability to remain calm in a difficult situation. She has shown outstanding knowledge of the law and, most importantly, she is not affiliated to any political party.
We trust that she will be a breath of fresh air for this office, bringing her expertise and strength of character to this office. We trust that she will make the Office of the Public Protector an office for all the people of South Africa by making it acceptable to all the people of South Africa. A tough task lies ahead of our new Public Protector as much will be expected from this new appointee.
The DA expects the following: complete transparency and accountability, that the new appointee adhere strictly to the separation of powers, total lack of influence from any political party, strength of conviction to investigate any government official against whom a complaint is brought, and that the new appointee act only in the best interests of South Africa and the people of South Africa.
On behalf of the DA we wish the new Public Protector all the best with the work that lies ahead. We trust that we will not be disappointed by the appointee and we look forward to a free and fair and transparent Public Protector who will assist with the safeguarding of our Constitution. One nation, one future, one Public Protector! I thank you. [Applause.]
Mr M E GEORGE: Chairperson, Ministers, Deputy Ministers, Members of Parliament, Cope stands in support of the appointment of Thulisile Nomkhosi Madonsela in the position of Public Protector. The Public Protector is one of six Chapter 9 state institutions supporting constitutional democracy.
It is therefore our view that the appointment of the Public Protector be taken very seriously and more especially by the members of Cope because we are the only party that stands here to defend democracy and the Constitution. [Laughter.]
The person who is to be appointed Public Protector must be a person of very good credentials, with integrity and high moral values. This person must investigate any conduct in state affairs or in the public administration that is in section 182(1)(a) of the Constitution, therefore, independence, accessibility to all persons and honesty are the critical ingredients. This ad hoc committee, under the capable leadership of Adv Masutha, performed this task in a manner which was credible, transparent and open. All candidates were interviewed in a cordial and friendly atmosphere. Even the discussions on deciding on the candidates were frank and honest, though I must say there was not much discussion because all parties agreed on one name. Even those who did not succeed, were very good candidates. In fact, as a South African, I felt proud to know that we have such high-calibre people in our country. It is just that we wanted one person.
I wish to thank everyone we worked with and I can say with confidence, Comrade Chairperson, that this appointment is an appointment of Parliament not of the ruling party. Thank you. [Time expired.] [Applause.]
Mr V B NDLOVU: Sihlalo, bengicela ungikhuzele labo ababanga umsindo. [Chairperson, will you ask those who are making a noise to keep quiet, please.]
The HOUSE CHAIRPERSON (Mr K O Bapela): It is said that you on the left side of the House are making a noise.
Mnu V B NDLOVU: Sihlalo, neNdlu yakho ehloniphekile, ngize lapha ukuzosekela igama Lomvikeli Womphakathi uNkosazana Thulisile Nomkhosi Madonsela. Yigama leli elivunywe yiwo wonke amaqembu ngokufanayo esingazange sibange nokubanga kukona.
Kuyaqala ukuthi sibonge kuwena Sihlalo, njengoSihlalo waleli komiti ukuthi uwenze kahle umsebenzi, futhi waziphatha kahle. Sengathi ungakhula - ukhule uzukhokhobe. Kuthi nalabo abakusizayo… [Ihlombe.] … kahleni ukukhwahla kahleni ukukhwahla, nizongiqedela isikhathi. Kuthi nalabo abakusizayo bakusize njalo ukuze ikusasa lethu likwazi ukuqhakaza ngoba usemncane.
Ukuze nale Ndlu ikwazi ukuhlonipheka kusasa, sithi uma senza into yezwe singaphikisani size siyolala khona kodwa sazi ukuthi sisebenzela izwe sisheshe sivumelane entweni ehlakaniphile. Ngiyathokoza kakhulu. [Ihlombe.] (Translation of isiZulu paragraphs follows.)
[Mr V B NDLOVU: Chairperson, and this august House, I am here to support the nomination of Ms Thulisile Nomkhosi Madonsela as the new Public Protector. This nomination was supported by all the parties without any objections.
Chairperson, it is the first time that we thank you as the chairperson of this committee for doing your job well and for behaving yourself. May you grow and live long. And to those who are assisting you … [Applause.] Do not applaud yet, for you will take up my time. And to those who are assisting you, may they always do it so that our future can be bright since you are still young.
That would enable this House to be respected in future. When we serve the country, we should not argue until the cows come home, but we should know that we are serving our country and we need to agree quickly on any sensible issue. Thank you very much. [Applause.]]
Mr S N SWART: Chairperson, the ACDP supports the recommendation that Ms Madonsela be appointed as Public Protector. The Public Protector is mandated to investigate any improper government conduct, including maladministration, dishonest acts and unlawful enrichment. Its independence and impartiality are guaranteed by the Constitution.
Understandably, therefore, the office has an enormous workload, but was beset by internal problems highlighted by an ad hoc parliamentary committee into the issue in 2006. Its challenges were further ventilated by an Ad Hoc Committee on Review of Chapter 9 and Associated Institutions, such as the increased backlog of cases, a problematic data system and a lack of co- operation from departments following complaints.
In recommending a new Public Protector, we as Parliament will have to take a far greater role in interacting with and addressing shortcomings highlighted in the ad hoc committee. We cannot, however, infringe on its independence.
It is noteworthy that its budget allocations will have more than doubled between the 2003-04 and 2009-10 financial years. We need to ensure that the public is receiving value for its money. I thank you.
Adv T M MASUTHA: Chairperson, colleagues, I would like to thank colleagues, especially members of the adhoc committee, first of all for expressing confidence in me by entrusting me with the responsibility to lead this project and in particular for the compliments that I have been showered with today. [Laughter.]
It is a bit unusual for the opposition to be unanimous in supporting a ruling party chairperson. I can assure you that yes, the opposition was unanimous in supporting this name but so was the ANC. I can assure you that the ruling party was supportive of this process throughout and was happy with the outcome, just as the opposition is.
Chapter 9 of the Constitution provides for the establishment of the governing principles for state institutions to strengthen constitutional democracy in the Republic, commonly known as Chapter 9 institutions. Among these is the Public Protector, which is the subject of this discussion.
The Constitution proceeds in section 181(2) to (5) to outline the general principles governing these institutions as follows: (2) These institutions are independent, and subject only to the Constitution and the law, and they must be impartial and must exercise their powers and perform their functions without fear, favour or prejudice.
(3) Other organs of state, through legislative and other measures, must assist and protect these institutions to ensure the independence, impartiality, dignity and effectiveness of these institutions.
(4) No person or organ of state may interfere with the functioning of these institutions.
(5) These institutions are accountable to the National Assembly, and must report on their activities and the performance of their functions to the Assembly at least once a year.
Now, section 182(1)(a) outlines the specific mandate of the Public Protector as being -
(a) to investigate any conduct in state affairs, or in the public administration in any sphere of government, that is alleged or suspected to be improper or to result in any impropriety or prejudice;
(b) to report on that conduct; and
(c) to take appropriate remedial action.
Let me say that one of the critical aspects that we looked at when interviewing the candidates was to evaluate their understanding, especially of this mandate, because we believe that it is one of the critical institutions in the public sector that is essential as a tool to facilitate access to service delivery and to ensure accountability of government institutions.
The institution of Public Protector, we were of the view as a committee, is one of the pillars of our Constitution precisely because it is there to facilitate interaction between ordinary people and the state and to instil in ordinary people confidence in the state.
In addition, the Constitution bars the Public Protector from interfering with court judgments and, finally, requires the Public Protector to be accessible to the public and for its reports to be public unless special circumstances, prescribed by law, allow for such reports to be issued in confidence.
Now, Parliament on 24 April this year issued an invitation to the public in the national media with a deadline of 8 May this year, for nominations for the filling of the vacancy of Public Protector, which becomes due on 15 October this year.
Subsequent to that, however, the committee was of the view that it is necessary to extend these deadlines in view of the circumstances when the initial invitation was issued, namely the fact that it was soon after elections. We were concerned that given the large number of candidates who did not meet the basic requirements of the Act it may well have to do with the fact that most people were still focused on elections and were not aware of this invitation coming out.
The result of our second invitation was that an additional number of approximately 18 candidates came forward and 15 of them, in our view, qualified for possible appointment. And I must commend the credentials of Ms Thuli Madonsela who, as my colleagues from the opposition confirmed, was head and shoulders above the rest and was an obvious appointment for the committee.
I wish her well in her new appointment in the event that the President confirms the recommendation of this House for her appointment. The ANC supports her appointment. I thank you. [Applause.]
Debate concluded.
The HOUSE CHAIRPERSON (Mr K O Bapela): Order! I now put the question. The question before the House is that the recommendation for the appointment of Ms T N Madonsela as the Public Protector be approved. Are there any objections to the nomination?
HON MEMBERS: No!
The HOUSE CHAIRPERSON (Mr K O Bapela): Order! Hon members, in terms of section 193 (5)(b)(i) of the Constitution, the person nominated for appointment as Public Protector must be approved by at least 60% of members of the Assembly. Although a division has not been demanded members are required to record their support for the motion.
AYES - 268: Abram, S; Adams, L H; Adams, P E; Ainslie, A R; Baloyi , M R; Bam-Mugwanya, V; Bhengu , N R; Bhengu, P; Bikani, F C; Blaai, B C; Boinamo, G G; Bonhomme, T J; Booi, M S; Borman, G M; Bosman , L L; Botha, T; Botha, Y R; Chabane, O C; Chikunga, L S; Chiloane, T D; Coetzee, T W; Coleman, E M; Cronin, J P; Cwele, S C; Dambuza, B N; Davidson, I O; Davies, R H; De Freitas, M S F; De Lange, J H; Dhlamini, B W; Diale, L N; Dikgacwi, M M; Dlamini, B O; Dlodlo, A; Dlulane , B N; Doidge, G Q M; Dreyer, A M; Du Toit, N D; Dubazana, Z S; Dube, M C; Dudley, C; Duncan, P C; Dunjwa, M L; Ellis, M J; Farisani, T S; Farrow, S B; Figlan, A M; Fihla, N B; Fransman, M L; Frolick, C T; Fubbs, J L; Gasebonwe, T M A; Gelderblom, J P; George, D T; Gigaba, K M N; Gina, N; Gololo , C L; Goqwana, M B; Gumede, D M; Gxowa, N B; Hajaig, F; Hanekom , D A; Hangana, N E; Huang, S-B; James, W G; Jeffery, J H; Jordan, Z P; Kalyan, S V; Kekane, C D; Kenye, T E; Kganare, D A; Khoarai, L P; Kholwane, S E; Khumalo, F E; Kilian, J D; Kloppers- Lourens, J C; Kohler-Barnard, D; Komphela, B M; Koornhof, G W; Koornhof, N J J v R; Kopane, S P; Kota-Fredericks, Z A; Kotsi, C M; Kubayi, M T; Lamoela, H; Landers, L T; Lebenya- Ntanzi, S P; Lee, T D; Lekgetho , G; Lishivha, T E; Lorimer, J R B; Lotriet, A; Louw, A; Lovemore, A T; Luthuli, A N; Luyenge, Z; Maake, J J; Mabaso, X; Mabedla, N R; MacKenzie, G D; Madasa, Z L; Madlala, N M; Mafolo, M V; Magagula, V V; Magama, H T; Magau, K R; Magazi , M N; Magwanishe, G ; Makasi, X C; Makhubela-Mashele, L S; Makhubele, Z S; Malgas, H H; Maluleka, H P; Maluleke, J M; Manana, M C; Mandela, Z M D; Mangena, M S; Marais, E J; Marais, S J F; Martins, B A D; Masango, S J; Mashiane, L M; Mashigo, R J; Mashishi, A C; Masutha, T M; Mathebe, D H; Mathebe, P M; Mathibela, N F; Matlanyane, H F; Matshoba, J M; Maunye, M M; Mavunda, D W; Maynier, D J; Mbili, M E; Mdaka, M N; Mdakane, M R; Mentor, M P; Mfeketo, N C; Mgabadeli, H C; Michael, N W A; Mjobo, L N; Mkhize, L N; Mkhulusi, N N P; Mlambo, E M; Mlangeni, A; Mmusi, S G; Mnguni, P B; Mnisi, N A; Mokgalapa, S; Molebatsi, M A; Molewa, B E E; More, E; Morgan, G R; Morutoa, M R; Moss, L N; Motau, S C; Motshekga, M S; Msweli, H S; Mthethwa, E M; Mthethwa, E N; Mubu, K S; Mushwana, F F; Muthambi, A F; Nchabeleng, M E; Ndabeni , S T; Ndlovu, V B; Ndude, H N; Nel, A C; Nelson, W J; Ngcengwane, N D; Ngcobo, B T; Ngele, N J; Ngonyama , L S; Ngwenya- Mabila, P C; Nhanha, M A; Nhlengethwa , D G; Njikelana, S J; Njobe, M A A; Nkwinti, G E; November, N T; Ntuli, Z C; Nxumalo, M D ; Nyalungu, R E; Nyama, M M A; Nyanda, M F; Nyekemba, E; Oliphant, M N; Oosthuizen, G C; Oriani-Ambrosini, M G; Padayachie, R L; Peters, E D; Petersen-Maduna, P; Phaahla, M J; Phaliso, M N; Pillay, S M; Pretorius, P J C; Rabie, P J; Rabotapi, M W; Radebe, B A; Radebe, G S; Ramodibe, D M; Rantsolase, M A; Robinson, D; Rwexana, S P; Saal, G; Scheemann, G D; Sefularo, M; Segale- Diswai, M J; Selau, G J; Selfe, J; Sexwale, T M G; Shabangu, S; Shiceka, S; Shilowa, M S; Sibanyoni, J B; Sibhidla, N N ; SIngh, N; Sithole, S C N; Sizani, P S; Skosana, M B; Smiles, D C; Smith, V G; Smuts, M; Snell, G T; Sogoni, E M; Sosibo, J E; Steele, M H; Steyn, A; Steyn, A C; Suka , L; Sulliman, E M; Sunduza, T B; Surty, M E; Swart , M; Swart, S N; Swathe, M M; Terblanche, J F; Thabethe, E ; Thobejane, S G; Thomson, B; Tinto, B; Tlake, M F; Tobias, T V; Tsebe, S R; Tseke, G K; Tsenoli, S L; Tshwete, P; Tsotetsi, D R; Twala, N M; Vadi, I; Van Der Berg, N J; Van der Linde, J J; Van der Walt, D; Van der Westhuizen, A P; van Rooyen, D D; Van Schalkwyk, H C; Van Schalkwyk, M C J; van Wyk, A; Vukuza-Linda, N Y; Waters, M; Wenger, M; Williams, A J; Xaba, P P; Xasa, T; Yengeni, L E; Zikalala, C N Z; Zondi, K M; Zulu, B Z.
Question agreed to.
Nomination of Ms T N Madonsela for appointment as Public Protector accordingly agreed to, in accordance with section 193(5)(b)(i) of the Constitution.
10TH congress of cosatu
(Member’s Statement)
Mr E NYEKEMBA (ANC): Chairperson, the ANC takes this opportunity to salute the workers of our country under the leadership of Cosatu, who in the most challenging circumstances have sustained and kept alive the spirit of militant democratic trade unionism, which is embodied in the policy and programme of the South African Congress of Trade Unions.
The Congress of South African Trade Unions is a movement of ordinary working men and women that have joined together to fight for a better life for the workers in the thousands of workplaces across the country. They are gathered in Gauteng province for their 10th congress.
The largest federation of our country has met since yesterday to review the past three years. They are planning and strategising for the future under the current global economic crisis. They are meeting under the theme “Consolidating working-class power in defence of decent work and socialism”.
The ANC acknowledges and appreciates the militancy and political consciousness of this revolutionary class and the role it has played in the past and in the transformation of our society. Trade unions have made, and they will continue to make, a great contribution to the whole liberation movement in our efforts to realise the goal of a better life for all our people. I thank you. [Applause.]
The HOUSE CHAIRPERSON (Mr M B Skosana): Order! Hon members, could you please lower the volumed your conversations so that we can hear what members are saying.
Rights of persons with disabilities
(Member’s Statement)
Mrs D ROBINSON: Chairperson, 10 long years ago in his state of the nation address President Thabo Mbeki said:
This society must guarantee the dignity of every citizen on the basis of good quality of life for every woman, man or child without regard to race, colour or disability.
In terms of the UN Convention on the Rights of Persons with Disabilities, however, South Africa falls far short of the legal obligations to promote, protect and ensure the full and equal enjoyment of all human rights and freedoms and promote respect for the inherent dignity and rights of persons with disabilities to participate fully in our society.
Our buildings, open spaces and transport facilities are not yet fully accessible and persons with disabilities suffer inconvenience and lack of dignity as they struggle to gain access to courts, police stations, libraries, stadiums and rail and bus stations; yet full and effective participation and inclusion society is the requirement of the convention.
The DA believes that all major railway stations, buses and trains should be upgraded to provide easy access and seating for passengers with disabilities while the dial-a-ride service should be expanded in all of our main cities.
Adequate facilities, such as extra-wide parking bays, dropped kerbs, ramps at the correct gradient and special lanes for wheelchair users should be mandatory and should be provided countrywide. Ramps and railings should be obligatory.
The number of pedestrian crossings catering for the blind needs to be increased dramatically. South Africa has to be disability-ready not only for the influx of 2010 visitors, but for all South Africans whose ability is limited.
It is essential that all citizens can travel safely and quickly and compete on equal terms for job opportunities. The opportunity to work and live independently, providing for themselves and enhancing their quality of life, is essential.
All South Africans must be treated with care and dignity and be given the opportunity to compete equally. Currently, government is failing in this challenge and South Africans cannot wait another 10 years for equal rights for all. Delivery is needed now. [Applause.]
The HOUSE CHAIRPERSON (Mr M B Skosana): Hon members, I have been waiting for hon Ellis to come back. I do sympathise with hon Ellis when he says we have been repeating these procedures for almost 15 years. However, hon Ellis should also derive solace from waiting.
I was told that a man was saying, “Look, I have 15 years’ experience in this. And he was told, “Look, you have one year’s experience repeated for 15 years.” So we have that one year’s experience and we have been repeating this for 15 years! [Interjections.]
Mr M J ELLIS: Chairperson, may I simply ask you, sir: Does 15 years’ experience mean making the same mistake over and over again, or not? [Laughter.]
The HOUSE CHAIRPERSON (Mr M B Skosana): You are making my point, hon member. [Laughter.]
Mr M J ELLIS: I just wanted to check it, Mr Chairperson, I wasn’t sure what you were saying, but thank you very much, Chair. I appreciate it very much indeed.
Promotion and recognition of national symbols
(Member’s Statement)
Mr L S NGONYAMA (Cope): Chairperson, after centuries of struggle our generation has a huge responsibility and profound privilege to concretise the concept of common national identity that will rise above political contestations and differences of any form as a legacy for those who will come after us. One of the most important cornerstones of such a project is the promotion and recognition of our national symbols as an important beacon of our common nationhood.
The sporadic use of old symbols, the old South African flag, by misguided individuals can no longer be tolerated. And it should be unconditionally condemned by all of us who are striving towards the united future of committed South Africans. Likewise, disdainful use of our new national symbols should also be avoided and to that end this institution should set a key example.
As a starting point, let us correct spelling errors as can be found in the explanations posted in the exhibition of historic and current maces of Parliament in the foyer of the Old Assembly Hall, that is, the transformed symbols.
While these may be bona fide administrative oversights, they sit there in full view of all to see and should be rectified without delay. It may be small and viewed by some as small, but it creates the impression of carelessness and cannot be tolerated. If we do not correct the small things the big ones will also go wrong soon. It may also be viewed as a lack of a culture of excellence in this House. Let us work together and cultivate the appropriate respect … [Time expired.]
ANC interaction with religious community
(Member’s Statement)
Mr S G THOBEJANE (ANC): Chairperson, the primary task of the ANC remains the mobilisation of all the classes and strata that objectively stand to benefit from the causes of social changes.
To mobilise all South Africans to contribute to the ongoing transformation of our country, and in the process fostering responsibility for our common destiny among all citizens of South Africa, black and white, leaders representing the commission for religious affairs of the ANC and the South African Council of Churches met at Chief Albert Luthuli House in Johannesburg on Friday 18 September 2009.
The meeting was part of a series of engagements between the ANC Commission for Religious Affairs and other faith-based organisations. The objective was to hammer out a formula for co-operation among all religious sectors in the light of contemporary challenges facing the South African Council of Churches, the ANC and the country at large.
Nation-building and achieving social cohesion are two of the most important responsibilities of the ANC. Central to the two tasks is the need to reaffirm and recommit to the moral vision and the value system of our nation as outlined in the various historical documents … [Time expired.]
FAILURE OF RESERVE BANK TO APPEAR BEFORE PARLIAMENT
(Member’s Statement)
Mr M G ORIANI-AMBROSINI (IFP): Chairperson, we note with concern that, for the third time in a row, the South African Reserve Bank failed to appear last Friday in front of the Portfolio Committee on Finance.
There are different reasons, versions and justifications for this failure, but the fact remains that at this crucial time of our economic crisis with recurring rumours of tumult within the Reserve Bank and several reports about the steps which have been taken within its internal procedures, it’s a very serious problem that Parliament is not placed in the position of exercising its oversight function.
The Reserve Bank exercises a power which to a certain extent is greater than any law that this Parliament may enact. To date, the decision on the interest rate and money supply determines whether or not we can repay our house bonds, whether business can refinance its capex and whether people are going to be employed or will need to be retrenched.
It is a grave disservice to the call of oversight and the call of democracy that the Reserve Bank is not yet in a position to meet with Parliament and we urge that the state of affairs be brought back to normality even if that requires the chairman of the Finance committee to issue a subpoena.
AFRICA AND WORLD TRADE ORGANISATION
(Member’s Statement)
Mr S J NJIKELANA (ANC): Chairperson, the Economic Justice Network of the Fellowship of Christian Councils in Southern Africa, Foccisa, is hosting a three-day meeting early next month on the World Trade Organisation, WTO, in preparation for the WTO ministerial conference which could either enhance Africa’s position in global trade or undermine its developmental agenda, particularly Nepad.
Lest we forget, Europe is still subsidising its cars at US$2 per day. The United States is still subsidising 25 000 cotton farmers at $3 billion a year, thereby undermining foreign competition whilst also depressing world market prices.
On the other hand, there is a fallacy that the timely conclusion of the Doha Round will help reverse the current global economic crisis. What is lamentable is the soft-pedalling of some of the key emerging powers in the developing world with regard to this fallacy. Such unfortunate conduct will only reinforce the intransigence of developed economies.
The ANC has been steadfast about the intensification of economic diplomacy that leads to changes in colonial patterns of economic relations, an effort which in the end will create equitable and fair global trade, thus generating employment and contributing to poverty eradication.
Here is another noble endeavour by civil society to sensitise and draw the attention once again of global leaders to the long-term risks. The ANC therefore lauds this meeting. Thank you. [Applause.]
ATHLETICS SOUTH AFRICA’S ROLE IN CASTER SEMENYA CONTROVERSY
(Member’s Statement)
Mrs C DUDLEY (ACDP): Chair, South Africa is in danger of pursuing medals at any price. The recent brutal treatment of Caster Semenya is a great tragedy. Yet, watching Leonard Chuene repeatedly say he would make the same decision again is more chilling. There is something wrong when our officials admit to gross deception as an error of judgment.
The President of Athletics South Africa refused to apologise for allowing Caster Semenya to run. His statement suggests it was worth anything if South Africa could win a medal, even at the cost of wrecking a young girl’s life and allowing South Africans to become known internationally as liars and cheats.
Sport is becoming increasingly emotional and demanding. We demand the highest standards of integrity from our athletes. In turn, they deserve to be represented with integrity by officials. In the wake of the Olympic disappointments, South Africa’s Sports Commission and Olympic Committee has launched an operation excellence project where their target of 12 medals in London is well within sight.
South Africa has recently won six well-deserved medals at three world championships. We do not need to cheat in order to win. We must not strive for medals at any cost. Thank you. [Applause.]
STATEMENT BY WORLD HEALTH ORGANISATION ON SWINE FLU VACCINE
(Member’s Statement)
Mrs H S MSWELI (IFP): Hon Chairperson, the IFP has noted with relief that according to the World Health Organisation, WHO, the swine flu virus has not yet mutated into a more serious disease and the development of vaccines is proceeding on track.
The IFP believes that South Africa should not derive any false comfort from the WHO statement, as welcome as it is. Too often, medical interventions are a reaction after the horse has bolted. It would be good if the Minister of Health clarified the Department of Health’s strategy.
The IFP, however, calls upon the Department of Health to clarify which segments of the population were being targeted to receive the vaccine, and how the vaccine would be distributed. We further note that the Department’s budget is dangerously overstretched. The IFP also calls upon the Minister of Health to clarify if global funding has been requested or negotiated to assist South Africa with the roll-out of the H1N1 vaccine. I thank you. [Applause.]
SOUTH AFRICA’S ROLE IN STRENGTHENING AFRICAN UNION STRUCTURES
(Member’s Statement) Mrs N B GXOWA (ANC): Chairperson and members, the ANC has a long tradition of international engagements and solidarity. This arises from the understanding that our fortunes as a nation are intimately interconnected with the fortunes of our neighbours.
On our continent, indeed, it is therefore on the basis both of moral responsibility and collective self-interest that we continue to be actively engaged in the efforts to build a better Africa and a just world.
The ANC-led government, working together with other governments on the continent, will continue to work for the strengthening of the AU organs, including the African Investment Bank, the African Central Bank, the African Monetary Bank, as well as the African Court of Justice and Human Rights. South Africa will continue to work with the African Union Commission to transform the Pan-Africa-Parliament from an advisory body to a legislative one.
The ANC-led government will work together with people of our continent for cohesion, unity, peace, democracy and the prosperity of the African people and to strengthen the capabilities of the AU to respond to the challenges we face as a continent. Thank you. [Applause.]
ESTABLISHMENT OF NATIONAL DEFENCE FORCE SERVICE COMMISSION
(Member’s Statement)
Mr D J MAYNIER (DA): Speaker, the recent violent clash between the police and military unions was a national disgrace and a symptom of another national disgrace, which was the failure of the officer corps to effectively deal with grievances within the chain of command of the Defence Force.
We, therefore, welcome the establishment of the National Defence Force Service Commission to investigate and make recommendations regarding the remuneration and conditions of service of members of the Defence Force. The commission faces an enormous challenge because, to succeed, members of the commission will have to have an honest conversation about the root causes of the problems in our Defence Force.
The root cause of the problem in the Defence Force, as we all know, is transformation. We are told transformation of the state entails extending the power of the national liberation movement over all levels of power, including the army, the police and the intelligence structures.
The fact is that transformation is the very opposite of military professionalism. The appointment of officers on the basis of party loyalty, which is the essence of transformation, is the very opposite of the appointment of military officers on the basis of merit, which is the essence of military professionalism.
The appointment of the commission represents an opportunity to get this right. We cannot afford to fail, but to succeed we need to begin an honest conversation about the state of the SANDF. That is going to take courage and we hope the commission is up to the task. [Applause.]
EXPENSIVE TRANSNET SETTLEMENT WITH MTHUNZI CONSORTIUM
(Member’s Statement)
Mr L RAMATLAKANE (Cope): Chairperson, in Cope we are as appalled as this august House, the business community, the labour unions and South Africans in general by the report in the City Press of a massive settlement between R60 million and R70 million paid out to the Mthunzi consortium by Transnet.
What is going on with Transnet, and is the Minister supportive of all of this? All of us certainly would like to know more about the suspension, calls for the reinstatement of persons to their posts, contestation for power, legal battles, the cavalier disregard of proper procedure and processes, and now a massive out-of-court cash settlement running into millions.
When Maria Ramos took over Transnet, she found that there was no record of any sale agreement with the Mthunzi consortium for 5% of MTN’s shareholding held by Transnet through the M-Cell Trust for the capital benefit of the second defined benefit fund. If these shares were sold, the board’s approval of the trust would have been required for any disposal of these shares and any agreement of sale would have created a paper trail.
Maria Ramos said that there was no agreement, so for what reason is R60 million to R70 million being given over to the Mthunzi consortium? Scopa and the Auditor-General should investigate this matter at once and those who are at the centre of this whole sad, sorry, despicable saga should be fully investigated and action taken against the offenders. [Time expired.] [Applause.]
NATIONAL YOUTH SERVICE PROGRAMME
(Member’s Statement)
Mr D K MATABOGE (ANC): Chairperson, the ANC has always viewed young people as the most important stratum in society. We will continue to ensure that they are fully integrated into society as agents of change, because we remain convinced that youth development has a place in the broader framework of reconstruction and development in our society.
The newly established National Youth Development Agency, NYDA, which was launched in June, has committed itself to recruiting one million young people to participate in its National Youth Service Programme. The agency has developed several strategies to ensure that the target is met.
The programme will allow undergraduates and unemployed youth with accredited skills an opportunity to get involved in various activities to uplift communities. It will develop a database of young people in each particular skill, which will be recorded and would make it easy for selection. The ANC commends the NYDA for the speed with which they have started to discharge their important responsibility. [Applause.]
RESIDENTS TAKE MUNICIPALITY TO COURT FOR BASIC SERVICES
(Member’s Statement)
Mrs M WENGER (DA): It is indeed a shocking state of affairs when residents have to take the municipality to court in order to receive basic services. The residents of Harry Gwala informal settlement have been around since 1989 without basic services, and the Ekurhuleni Metro is not interested in their plight. Asthma is prevalent in the community and 50% of the children under the age of five die of diarrhoea-related illnesses.
Eight informal settlements were surveyed recently and Dr Mary Galvin from The Water Dialogues is distressed about the situation and stresses that a water crisis is imminent. The organisation is taking the matter to the Constitutional Court with the backing of the Landless People’s Movement.
Vusumuzi is another informal settlement of 7 500 residents who are experiencing the same problem. Houses by 2005 had been promised, but still no progress. Infrastructure is nonexistent and people live in squalor. We, as the DA, have in our possession 3 000 signatures to back this.
Thokoza follows the same trend. We visited the site and have numerous photographs to prove this. This is due to a lack of credit control. Ekurhuleni is fast depleting its R1,9 billion surplus as of 1 July 2009 and it’s down to the last R560 million, which will be exhausted by the end of the month. Furthermore, Ekurhuleni is applying for a loan of R850 million, but how are they going to service this loan?
It is clear that the ANC-controlled Ekurhuleni Metropolitan Council is incapable of managing their finances. Thank you. [Time expired.] [Applause.]
FOOTBALL FRIDAY CAMPAIGN
(Member’s Statement)
Mrs G K TSEKE (ANC): Chairperson, the ANC believes that sport and recreation facilitate the promotion of national unity through developing a united, national pride transcending cultural, linguistic and racial barriers as well as enhancing international relations and friendship.
The ANC-led government has welcomed and endorsed the launch of the Football Friday campaign, which aims to spread World Cup fever amongst all South Africans. The campaign encourages South Africans to wear a football jersey every Friday for the next 40 weeks leading up to the World Cup. This is to raise awareness about the hosting of the 2010 Fifa World Cup and to show support for the national team.
The ANC, together with our people, will work to ensure that this world event contributes to creating decent work opportunities, particularly for the youth, women and street traders and that it will promote procurement of local goods, services and products.
Ke a leboga. [Thank you.]
GOVERNMENT SHOULD ERADICATE ILLEGAL CROSS-BORDER TRADE
(Member’s Statement)
Mnr S J F MARAIS (DA): Voorsitter, daar bestaan ernstige kommer oor die nakoming van wetlike vereistes rakende oorgrenshandel. Die Departement van Handel en Nywerheid het verskeie maatreëls in plek om tariewe, heffings en belasting op in- en uitvoere te hef via, onder meer, die samewerking van Sars, Itac en grensbeheer deur die Departement van Binnelandse Sake.
So word daar byvoorbeeld aksynsbelasting, BTW en ander tariewe gehef op plaaslik geproduseerde en ingevoerde alkoholiese items. Hierdie maatreëls het inkomste vir die fiskus, die voorkoming van onbillike mededingingspraktyke uit die buiteland van soms gesubsidieerde produkte en die beskerming van werkgeleenthede ten doel.
Voorsitter, ’n tendens het ontwikkel wat die gebrekkige kapasiteit en oneffektiwiteit van die huidige regering benadruk. Onwettig ingevoerde alkoholiese produkte word gereeld in Suid-Afrika aangebied teen pryse wat selfs laer is as die aksynsbelasting op soortgelyke wettig ingevoerde produkte en plaaslik geproduseerde produkte. Na raming verloor die fiskus bykans R400 miljoen per jaar aan inkomste vanweë hierdie praktyk.
Nodeloos om te sê, beteken dit ook dat ’n aansienlike aantal werkgeleenthede in die proses verlore gaan. Dit is die verantwoordelikheid van nie minder as vier Ministeries om te verseker dat Suid-Afrikaanse produsente, wettige invoerders en die fiskus hierteen beskerm word. Hierdie vier is die Ministeries van Polisie, Binnelandse Sake, Handel en Nywerheid en Finansies.
Wanneer gaan die regering iets daadwerklik hieraan doen? Of is hulle nie bewus van hierdie toedrag van sake nie? Die regering moet dringend planne implementeer om alle onwettige oorgrenshandel in die kiem te smoor. Ek dank u. [Applous.] (Translation of Afrikaans member’s statement follows.)
[Mr S J F MARAIS (DA): Chairperson, there are serious concerns pertaining to compliance with legal requirements with regard to cross-border trade. The Department of Trade and Industry has various measures in place to impose tariffs, levies and taxes on imports and exports by means of, amongst others, co-operation from Sars, Itac and border control by the Department of Home Affairs.
In this way, for instance, excise tax, VAT and other tariffs are imposed on liquor items that are produced locally and imported. These measures are aimed at providing an income for the fiscus, preventing unfair practices from competitors abroad often in respect of subsidised products, and protecting job opportunities.
Chairperson, a trend has evolved that underlines the inadequate capacity and inefficiency of the current government. In South Africa, illegally imported liquor products are frequently offered at prices that are even lower than the excise tax on similar products that are legally imported or produced locally. It is estimated that the fiscus loses approximately R400 million in income per year as a result of this practice.
Needless to say, this also means that a considerable number of job opportunities are lost in the process. It’s the responsibility of no fewer than four Ministries to ensure that South African producers, legal importers and the fiscus are protected from this. These four Ministries are those of Police, Home Affairs, Trade and Industry, and Finance.
When is the government going to take decisive action against this? Or are they unaware of this state of affairs? The government needs to implement plans urgently to nip all forms of illegal cross-border trade in the bud. Thank you. [Applause.]]
RIGHTS OF PERSONS WITH DISABILITIES
PROMOTION AND RECOGNITION OF NATIONAL SYMBOLS
ESTABLISHMENT OF NATIONAL DEFENCE FORCE SERVICE COMMISSION
(Minister’s Response)
The MINISTER OF TOURISM: Chairperson, I would like to respond to three issues: The issue of access for people with disabilities, the issue of national symbols and a common national identity, and the issue that the DA raised on the Defence Force and so-called independence.
On the issue of access for people with disabilities, I am quite sure that the Minister of Public Works will respond, if not now then later, with regard to government buildings and government institutions.
With regard to the hospitality industry and one of the issues that the hon member raised, we had a series of meetings with the organisations and the associations representing that sector of our society. I can report to the House that we are now considering, as the grading council, including access for people with disabilities as one of the requirements in the grading process. That should take it, in my view, a huge step forward: not words only but real action on the issue. I believe that it will make a difference.
On the issue of national symbols, we agree with the sentiments expressed by the hon member from Cope. We also believe that those people still using the old symbols are really a fringe element of society; it is not a major threat. What we should rather ask ourselves is how we cultivate loyalty to, and support and enthusiasm for, our new national symbols. In the first years of our democracy, it was very telling at rugby matches how suddenly, when we came to the second part of the national anthem, it was sung aloud - and probably quite the opposite at soccer matches - but that is changing.
If one listens and looks closely nowadays, I see fewer and fewer people who look at the words on a piece of paper; and people are singing more from the heart. I think it’s because also in our schools our children are starting to learn the national anthem.
The flag and the anthem are two of the success stories of our new democracy. We are 15 years into it; let us make sure that all our people can sing that national anthem properly. Let us make sure that for 2010 our supporters on the pavilions don’t only have a vuvuzela, but also have the South African flag.
The last issue on … It has expired? Thank you. [Time expired.] [Applause.]
RESIDENTS TAKE MUNICIPALITY TO COURT FOR BASIC SERVICES
(Minister’s Response)
The MINISTER FOR CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS: House Chairperson, my response is directed to the shadow deputy minister of the DA, Madam Wenger, on the issue that she has raised around the informal settlements in Ekurhuleni. Let’s put it in context: Ekurhuleni has the highest number of informal settlements in South Africa in a metro.
When we look at the issue that has been raised, she is talking about these issues whilst, when she was the Mayor of the Vaal Local Municipality in Midvaal, there is an informal settlement that is an eyesore there that she did nothing about, that she never provided services for. [Interjections.] In fact, they didn’t even want that informal settlement. Now we are saying that she must stop throwing stones when she lives in a glass house, because the track record of the member is not assisting us.
To conclude, Chairperson, we are engaging with the metro of Ekurhuleni because this matter is beyond them. We are talking with them to look, as government, at a national and provincial level of assisting. We will brief her on the outcome. Thank you. [Applause.]
RIGHTS OF PERSONS WITH DISABILITIES
10TH CONGRESS OF COSATU
(Minister’s Response)
The DEPUTY MINISTER OF TRANSPORT: Chairperson, two matters: I just want to develop the thing, and I fully support the member from the DA, the hon member, who raised the issue of compliance with the International Convention on the Rights of Persons with Disabilities and access.
I just want to say, from the transport side, we take this duty very seriously, and one is pleased to say that the Rea Vaya Bus Rapid Transit system is a wonderful example of beginning to move in this direction. It is very difficult, obviously, to turn public transport around in general and specifically also then to make our public transport accessible to people, not just to the disabled but to pregnant moms, to people with prams, and to young children and so on. It’s a big challenge.
The Rea Vaya Bus Rapid Transit system in Johannesburg has ramps, platforms that are level with the floors of these buses and large doors so that people can get in and out very easily. We have monitored the process over the last couple of weeks of its starter service and are very pleased to notice that people in wheelchairs are using the bus rapid transport system.
There are also special locking systems for at least two wheelchairs in every bus, so this is a small beginning but moving in the right direction.
Obviously, I also want to add my support to the statement from the hon member from the ANC welcoming the Cosatu congress. I was pleased to see that hon member Shilowa also added his applause to that statement. [Laughter.] It is incredibly important that, in South Africa, we have a well-organised trade union movement. It is a huge asset, and I think particularly in times of global capitalist crises, in a situation of deep recession, one of the wonderful things about South Africa is that, unlike most other countries, our response embodied in the Nedlac framework agreement is a response that is not top-down just from government or just from government consulting with the business sector.
Uniquely in South Africa we’ve got a framework approach to the global crisis - which is affecting us obviously quite seriously in South Africa - that is a joint effort between government, the trade union movement, the community sector and business.
I think that is a testament to the strength of the working class. Otherwise the working class, and poor people, always become the brake pad for these kinds of crises, and I think we are lucky to have a strong and effective Cosatu meeting. Thank you. [Time expired.] [Applause.]
RIGHTS OF PERSONS WITH DISABILIIES
(Minister’s Response)
The MINISTER OF PUBLIC WORKS: House Chairperson, in response to the member from the DA, in terms of accessibility of public buildings and other facilities, this has been an area of concern for us in Public Works.
We are taken aback by the miniscule budget that we have to make government buildings accessible, and we have already taken a decision in our Minmec that the Deputy Minister of Public Works will drive this campaign and make sure that these budgets are spent.
In the past these budgets remained unspent or very small amounts of these budgets were spent. But we are happy to report that in this financial year, it is clear that we will overspend with regard to making government buildings accessible, but we do require additional resources.
I must also commend the ANC for its approach, policies and guidance in this regard, in treating people with disabilities as equals in society and, as we can see, the ANC has the largest number of disabled members as MPs, MPLs, councillors and even a Deputy Minister. Thank you, sir.
AFRICA AND WORLD TRADE ORGANISATION
SOUTH AFRICA’S ROLE IN STRENGTHENING AFRICAN UNION STRUCTURES
GOVERNMENT SHOULD ERADICATE ILLEGAL CROSS-BORDER TRADE
NATIONAL YOUTH SERVICE PROGRAMME
ESTABLISHMENT OF NATIONAL DEFENCE FORCE SERVICE COMMISSION
(Minister’s Response)
The DEPUTY MINISTER OF TRADE AND INDUSTRY (Mrs T V Tobias): Chairperson, I want to first start with the statement by hon Njikelana. I can’t agree more with what he said, but one thing that we need to note is that if the WTO can be true to its developmental objectives that will finish the Doha Round.
Currently we are faced with the situation where people are not honest about the discussions. There are still protectionist approaches. The current debate in the Financial Times between China and the United States is a typical example of tariffs imposed in line with this approach. I think it is something that we need to be bold and frank about, when we hold discussions and we are able to resolve it.
Of course, I agree with him. This is colonisation of a special type, in a way, because I don’t believe in the current conjuncture that people are merchants in an equitable and fair manner. You will still find trade being inequitable and unfair in such a way that people want to benefit more from other countries and contribute less.
Africans continue to allow holes to be punched into Sacu, for example. The economic partnership agreement, EPA, that is being signed by Lesotho, Swaziland and other countries, actually undermines the regional integration that we are trying to achieve to build a regional economy and that speaks to the statement of Mrs Bertha Gxowa on Africa having an African investment bank.
On the issue of taxes that has been raised by the DA member, let us not pre- empt discussions of the Institute of Purchasing and Supply SA, Ipsa, and other role-players. Some of the issues that we’ll be discussing are tariffs and taxes.
We want taxes on our products to be reduced so that we can effectively compete on the international markets. That is one of the issues our Minister, when we go to the Ipsa meeting, will be engaging with. Let’s not pre-empt it. It is one discussion that we take seriously.
On the National Youth Development Agency, which is a concept of the youth league of the ruling party, it has effectively integrated youth institutions in the country, and we have seen responsibility taken by that structure to put its programme forward. Minister Chabane presented here in front of us the programme of that institution. I believe all government departments need to support it for it to be able to achieve its intentions.
Lastly, Chair, if you will allow me, I want to make a comment on the continuous statements made by Mr Maynier. The Defence Review was adopted by this Parliament, and the SA Army Strategy 2020. If you look at that document, hon member, as you were not there at the time we were discussing it, where I had the opportunity of being a chair of that committee at the time, the very same issues of rejuvenation of transformation that you are raising, were raised.
We actually said that in the Defence Force there is an Irish coffee situation where the majority at the middle management level are white and there is no transformation. Therefore, what we are raising here today is not new; it is what the Minister herself in a budget debate has acknowledged and has put a programme … Thank you. [Time expired.] [Applause.]
FOOTBALL FRIDAY CAMPAIGN
(Minister’s Response)
The DEPUTY MINISTER OF SPORT AND RECREATION: Chairperson, in support of the statement read here by the hon Tseke on Football Friday, we would just like to put on record that we are all in agreement that sport has a powerful message to unite the nation. In fact, we have seen now, as a nation, how it fosters social cohesion, especially when our teams are excelling and where they are winning and making us all proud.
The chairperson just informed the House that, in the disability-friendly building of the Department of Sport and Recreation, we will be wearing, henceforth, on a Friday the Bafana Bafana football jersey, popularising it, and we are calling on the public and Members of Parliament to really come forward in support of our national team, Bafana Bafana, the coach and the technical officials in their quest to prepare for 2010.
Let me just say this, Chairperson: Bafana Bafana made us all very proud in the Confederations Cup. We will all remember the great match that they had at the Royal Bafokeng Stadium in Rustenburg where Spain only succeeded in scoring the winning goal in the last two minutes of extended time. I’m convinced that with the support of the nation and of this august House Bafana Bafana will do us extremely proud in 2010. Let’s unite behind them, and let’s make this country great again. Thank you. [Applause.]
CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT OF PROTOCOL OF
AMENDMENTS TO THE INTERNATIONAL HYDROGRAPHIC ORGANISATION,
IHO, CONVENTION IN TERMS OF SECTION 231(2) OF THE CONSTITUTION
Ms H C Mgabadeli, on behalf of the chairperson of the committee, introduced the report.
There was no debate.
Protocol of Amendments to the International Hydrographic Organisation, IHO, Convention approved. IMPROVING GOVERNMENT PERFORMANCE
(Subject for Discussion)
Mr E M SOGONI: Chairperson, comrades, friends and colleagues, thank you.
If the things we face are greater and more important than the things we refuse to face, then at least we have begun to re-evaluate our world. At least we have begun to learn to see and live again.
But if we refuse to see any of our awkward and deepest truths, then sooner or later, we are going to have to become deaf or blind. And then, eventually, we will have to silence our dreams and those of others. In other words, we die. We die in life.
These words were said by Ben Okri, and they were quoted in this House at the beginning of this year by Minister Manuel. May I, on behalf of the ANC, reiterate them in support of this Green Paper. Those who have never been in power may not appreciate the need to reflect on the past 15 years which the ANC government has traversed.
A great deal has been achieved, given the enormity of the challenges that have faced that democratic government since 1994. As the ANC, we view this Green Paper in three stages: the developmental state, which I will later deal with; the impact assessment; and the integrated approach towards efficient service delivery.
The developmental state has an important role to play in defining a common national agenda and mobilising all of society to take part in its implementation. This requires effective systems of interaction with all social partners to exercise leadership informed by the popular mandate derived from the electorate.
Enhancing and developing the strategic management and leadership of government should be seen in the context of building a premise on a people- centred and people-driven change. In particular, the state must have, as its primary mission, the desire and commitment to improve the quality of life of all the people, especially the poor who constitute the majority of this country.
We do not only require strategic management and technical capacity to translate all broad policy objectives into real and concrete programmes and projects, but we should also ensure implementation, monitoring, evaluation and assessment of the outcomes. The ANC has always embraced a Public Service that responds efficiently and effectively to the needs of the people, as reflected in the RDP documents.
The process of democratisation requires modernising the structures and functioning of government in pursuit of the objectives of efficient, effective, economic, responsive, transparent and accountable government. We must develop the capacity of government for strategic interventions in social and economic development. We must increase the capacity of the public sector to deliver an improved and extended public service to all the people of South Africa.
The manifesto of the ANC further states that:
The developmental state will play a central and strategic role in the economy. We will ensure a more effective government; improve the co- ordination and planning efforts of the developmental state by means of a planning entity to ensure faster change. A review of the structure of government will be undertaken, to ensure effective service delivery.
The reconfiguration of Ministries did not come as an accident, but as a result of a realisation by the ANC of the need to improve government performance by introducing a new paradigm shift in traditional ways of doing things. Central to the success of these noble ideals will be the real activist parliament as envisaged by the President – a parliament that is geared to raise tough questions on nonperformance and failure to deliver on agreed key performance areas and outcomes.
This requires that Members of Parliament should be provided with sufficient tools of the trade. It means building capacity for committees to be able to interrogate reports, carry out oversight and ensure that Members of Parliament put into practice the oversight and accountability model adopted by this Parliament. It would mean that the constituency period does not become a holiday, but an opportunity to interact with our people.
Parliament has, over the years, enacted sufficient laws and regulations to ensure that public servants account for their work. Among the tools for oversight and accountability, are laws such as the Public Finance Management Act, PFMA, Act 1 of 1999; the Municipal Finance Management Act, MFMA, Act 56 of 2003; the newly elected Money Bills Amendment Procedure and Related Matters Act, Act 9 of 2009; the reports of the Public Service Commission; the Auditor-General’s report; and National Treasury regulations.
The Money Bills Amendment Procedure and Related Matters Act was established in line with section 177 of the Constitution. This Act revolutionises the work of Parliament because it spells out procedures on how to amend budgets. Parliament needs to urgently empower all members to understand this Act as it impacts, in a big way, on their work and on society as a whole.
The South African electorate is not a passive recipient of services, as shown by the recent demonstrations. However, effective complaints channels must be created so that they can swiftly and effectively be addressed.
The President has already established a hotline where people can raise their complaints directly with the Presidency. The Gauteng legislature has legislated for a public participation and petitions procedure. National government and other legislators can emulate this procedure and improve on it.
One hopes that the recession we find ourselves in comes as a window of opportunity to work more economically and effectively, and to achieve more with fewer resources. The Auditor-General’s reports are very important indicators of measuring the strength of our financial capacity in keeping books and financial documents.
The Auditor-General himself has raised reservations about the failure of senior officials to make themselves available when his office audits departments or public entities. If the officials are defying that office, Parliament has a duty to protect it.
We would like to welcome the evolution of auditing in our country as the Auditor-General intends embarking on auditing not only financial information, but performance information as well - that is, what the money has bought; the quality of spending; value for money; and the impact thereof. In other words, they audit the outcomes.
The financial information that has always been audited fell short on reporting on matters of service delivery. The issue of clean audits, as envisaged by the Minister for Co-operative Governance and Traditional Affairs, is not the preserve of local government, but all stakeholders who play an oversight role on matters of spending, service delivery and the structures that we set up to support that.
The Constitution, and especially section 154 and section 34 of the MFMA, are very clear with respect to the responsibility that national and provincial governments should take towards supporting local governments.
In conclusion, all Members of Parliament need to ensure that they get their hands dirty so that our people’s lives are changed. The resources are there to deliver services. Working together, we can make the issue of monitoring and evaluation succeed. I thank you.
The CHIEF WHIP OF THE OPPOSITION: Chairperson, the purpose of this debate is to discuss and identify those things that can be done to improve government’s performance. This is a brave undertaking, and if it is a serious one, it is to be welcomed.
That said, the time allocated to this debate precludes a full and proper interrogation of the subject. Instead, I wish to address a particular aspect of government policy in practice which I believe to be a fundamental one. Accountability is a key constitutional principle. It is a cornerstone of our democratic state, a duty expected of our public representatives, and an obligation to which the executive must yield. Yet, despite the fact that accountability is a thread woven intricately through the fabric of our democracy, it remains ill-defined. Its meaning has been steadily denuded by the behaviour of progressive ANC administrations to the point where it now rings hollow – an empty reference to an ideal no longer respected by the executive and, outside of the opposition, no longer evoked by the legislature.
For those people who represent this government, it is argued that accountability means nothing more than explaining one’s actions. It is true that this is a critical part of accountability, but it is only a part. There is a second component to this principle, one that holds equal weight with the requirement that public representatives should explain their actions. There is the necessity that, should that explanation be inadequate, it must be met with consequences. And here I would like the indulgence of Mr Shiceka in listening very carefully.
If consequences are overlooked in favour of explanations, the effects for accountability specifically and democracy generally are damaging. If a public representative does not have to fear consequences, irrespective of the nature of their explanation, there is no longer any reason for them to properly explain their actions in the first place.
Accountability is reduced to a farce, and those mechanisms intended to enforce it are made redundant. This is the ANC’s legacy. Unless it is addressed, its effect will be to render any new initiative, again, redundant.
We are in the process of discussing the nature and form of a new Ministry in the Presidency, one premised on the idea that this government understands what accountability is. That is a mistake. The ANC’s understanding of accountability is not the same as that set out in our Constitution.
The greatest challenge facing this administration and the Presidency is how to change that - how to install a new and proper understanding of accountability and its essential purpose in ensuring good governance and a sound Public Service.
The answer, of course, is that the Presidency must lead by example. If members of the executive fail to meet their targets – and this is the word that hon Shiceka couldn’t quite squeeze from his lips – they must be fired.
HON MEMBERS: Viva!
The CHIEF WHIP OF THE OPPOSITION: If public representatives steal, they must be fired.
HON MEMBERS: Viva!
The CHIEF WHIP OF THE OPPOSITION: If members of the Public Service are incompetent or don’t perform, they must be fired.
HON MEMBERS: Viva!
The CHIEF WHIP OF THE OPPOSITION: The South African public has a contract with these people. It has invested its faith in their ability to deliver, not in the pretence that they are able to explain their failures, but on the understanding that if they do not meet their obligations, action will be taken to correct those shortcomings.
The Minister of Finance seems to understand this. He stated last week that there must be consequences for failure in the same way that there are rewards for excellent performance. This is the government’s ultimate test: whether it can restore accountability’s meaning and place it at the centre of best democratic practice.
The DA supports any initiative that has this objective at its heart. Time will tell whether commitment to this principle will be matched with the appropriate behaviour. I thank you. [Applause.] Mr M S SHILOWA: Chairperson and hon members, thank you very much. Let me say to the Deputy Minister of Transport that one of the reasons why we support the need for those workers to be out there is because we have always believed that a trade union federation must be a home for all workers regardless of political persuasion.
We hope that Cope members who are there will be welcomed as bona fide members of Cosatu and that they will not leave, unless they are asked to leave that federation, which many of them have built with their soil and toil.
We are all agreed on the need to monitor and evaluate government’s work for a number of reasons: to see the extent to which the government is implementing its election promises; to see the extent to which it implements its election mandate as articulated during the inaugural state of the nation address; to determine the impact of such programmes in improving the lives of South Africans - many of whom have no water, sanitation, jobs and shelter, many of whom do not know where their next meal is going to come from, and are worried about the quality of the education and health of their children; to see whether the resource allocations match the rhetoric.
To ensure effective monitoring and evaluation, you need to set appropriate goals; goals that match the election promise, that raise the bar rather than merely complying with the injunction. For example, it is one thing to speak of the creation of half a million job opportunities between June and December; it’s another to have a plan for attaining it. It is even more important to ensure that these jobs are not merely about digging and closing up the same hole, but that they add to the improvement of infrastructure.
Furthermore, such monitoring needs to deal with how a job opportunity is calculated. For instance, if I am employed for four weeks and later replaced over the next 11 months by 11 other people, we are calculated as 12 people with 12 job opportunities, yet all that happened was the amelioration of my plight for a month. Surely this is not how the half a million job opportunities by December are supposed to be achieved; at least I hope not.
No wonder two months after the statement was made from this very podium, government confirmed what we have always said; that this is but a pipe dream.
This is owing, in part, to the absence of planning appropriately, and being more concerned with scoring brownie points with the electorate.
Another example is the promise to reach 80% of the people who need antiretroviral treatment therapy by 2011. To come back within two months and say that such a goal will not be realised shows, once more, either poor planning or thumb-sucking of figures. Antiretroviral drugs are very important; but improving the quality of health care, access and employing more health workers, especially clinicians, is much more important.
Furthermore, one of the challenges in monitoring and evaluating is not only in terms of those areas that we have spoken about, Minister, it is about the one who is being evaluated. It is one thing to try and focus on the public servants, but another to be able to say that the contract that the President has is with the Ministers and Deputy Ministers. Put crudely, his contract is with the Cabinet. We must be able to say what the measure is to that particular Cabinet.
We need to rather focus on the real, hard issues - halving poverty and unemployment by 2014. To what extent does that become a reality? We can then focus on the number of jobs that need to be created - permanent jobs, decent jobs not as a slogan, but as a commitment, because that is how you alleviate poverty and unemployment. I thank you. [Applause.]
Mr N SINGH: Chairperson, at the outset I want to say that the IFP welcomes the release of this Green Paper. We hope that the public is allowed an opportunity to make an input. We do know that Parliament has set up an ad hoc committee to deal with some of these issues, but we were told that we probably have to deal only with the issue that affects planning, and not monitoring and evaluation. We will probably need some guidance on that.
We also hope that this Green Paper will pave the way for the accelerated delivery of basic services to the poor, and that service delivery protests will become a thing of the past. We are having too many service delivery protests, and rightly so, because people and the promises that were made are not tying up together.
However, we do not think that the establishment of the Ministry will in itself be a panacea to a whole range of serious problems impeding government performance. These impediments relate to a wide range of issues such as corruption, unrealistic expectations, the top-down approach, unfilled vacancies, as well as the quality of leadership, to mention only a few.
This morning, we received a briefing from the office of the Auditor-General on what is going on within the SABC. It really made our hair stand on end. Everybody on that committee wondered if the SABC had any management at all.
The tragedy of it is that it is a post facto report. What we need, Minister, through your Ministry is to ensure that there is on-the-job evaluation. Whilst we have the office of the Auditor-General that focuses on performance of financial management, we need to consider a Chapter 9 institution that will monitor performance on a daily basis within departments. Alternatively, there is the Public Service Commission, PSC. Their role may need to be beefed up.
Lastly, or maybe even better, as hon Sogoni has said, members of Parliament need to play a more active role outside of Parliament than within Parliament where we have structured visits to see whether projects are really happening on the ground, or whether people are saying that they are spending R10 million and yet there is nothing happening.
We also need to ensure that key performance indicators of heads of department are adhered to. At the moment, there is a self-appraisal. We need as Parliament to appraise that.
Again, what we need to consider, hon Minister – and I know it’s been on the table for some time – is creating a Public Service academy. All public servants should be put through a rigorous 6-month course where they know exactly how government functions, because the kind of reporting that comes from some of these officials leaves a lot to be desired. If they go through these kinds of schools, then they will know exactly what to produce.
In conclusion, Chairperson and hon Minister, what you need to create is a war room situation where, with a touch of a button in the Presidency, you will know what is happening in Nkandla, in Potgietersrus or wherever. Thank you! [Time expired.] Mrs G M BORMAN: Chairperson, hon members, the Green Paper on Improving Government Performance, states, in the context of the global economic downturn, which is affecting all of us, that –
… the pursuit of value for money is imperative if government is to improve service delivery standards. We must do more with less. Wasteful and unproductive expenditure and corruption cannot be afforded.
In his speech to Parliament when tabling this Paper, Minister Chabane said:
I will ask Parliament to apply its mind in assisting the executive to make sure that we spend the public funds entrusted to us in ways that promote clear and directed outcomes we need to develop this country.
Service delivery is what this ANC government is committed to. Let us not minimise the successes that this government has already achieved since
- [Interjections.] From 1994 to 2008, nearly 19 million people received access to running water. Since 1991, 3,6 million houses have been electrified and almost 11 million people have access to basic sanitation. In 1996, only 3 million people, a mere handful, had access to social grants, but today 12,5 million receive social grants. [Applause.] Only 34 000 children had access to social grants then, but today 8 million children younger than 14 years receive social grants; and 3,1 million subsidised houses have been built, including 2,7 million free houses for the poor, giving shelter to an additional 14 million people. No mean feat, I would say!
Raymond Ackerman, addressing the Cape Times Breakfast Club towards the end of last year said:
It is only when one reflects on where we were in the darkest days of the last century and on the poverty, lack of opportunity and political and economic paralysis that characterised our society, that we are able to appreciate the overwhelming magnitude of the difficulties that have faced us in building a new society from the tragedies of the old and recreating ourselves as a normally functioning and thriving economy.
[Interjections.]
The HOUSE CHAIRPERSON: (Ms M N Oliphant): Order, hon member! Can the member ask a question?
Mrs G M BORMAN: Chairperson, no, I won’t take a question.
The HOUSE CHAIRPERSON: (Ms M N Oliphant): She says no. Take your seat, hon member.
Mrs G M BORMAN: Chairperson, yes, we are going through difficult times, but we will weather the storm. Ackerman continues to say:
… we are well equipped to weather the storm. Every period of storm is followed by an era of revitalisation and reinvigorated energy in which our ability to rise to the challenges and remake the world is tested. Our country has time and time again demonstrated its capacity to respond with innovation and initiative to changing economic, political and social circumstances – and I have no doubt we shall continue to do so.
The Freedom Charter enjoins us to:
… pledge ourselves to strive together, sparing neither strength nor courage, until the democratic changes here set out have been won; and to fight for these freedoms, side by side, throughout our lives, until we have won our liberty.
The Green Paper on Improving Government Performance refers to non- negotiables to guide improved government performance: provision of principled leadership underpinned by making tough decisions; strengthening co-operation across the three spheres of government; building partnerships between government and civil society; complete transparency; the resolve to do more with less despite limited resources; and developing a skilled and motivated Public Service that takes pride in what it does and is recognised for quality service delivery.
In a book of the early 1980s entitled In Search of Excellence, by Peters and Waterman, they say that to be successful you need a champion. If you want to get something done, you need a champion.
Minister Chabane, to drive this initiative you will need to identify champions, people with proven track records in their own fields who will be committed to driving the process and getting the desired results. Setting targets, monitoring progress and holding public servants accountable will require strong leadership.
A good example is the Fifa World Cup. As soon as the announcement was made, planning was done and the targets set to run a successful event. All along the way there were deadlines that had to be achieved, progress was closely monitored, obstacles had to be overcome and problems worked through together with all the partners. As we stand now it looks as if we are just about ready to deliver on a very successful World Cup, and I encourage us to all wear those Bafana jerseys on a Friday - an excellent idea! [Applause.]
By securing the right to host the World Cup, Danny Jordaan and his team showed that he was a champion. It was right, therefore, that he should go on to steer the ship for organising the tournament proper. We need to appoint more champions like him in all fields. Having progressive policies and the interests of the poor and underdeveloped at heart does not necessarily translate into improved performance. The quality and standards of service have seen a significant decline over the past years despite the massive budget increases there have been. In fact, there has been much squandering and mismanagement of our scarce resources, and we acknowledge that. So, we welcome this Green Paper. [Interjections.]
In order to be more reflective, it is also important to identify some of the reasons that have contributed to government not delivering quality service. Again I refer to Minister Chabane’s speech, in which he includes, amongst other –
… lack of political will, inadequate leadership management weaknesses … The absence of a strong performance culture and effective rewards and sanctions has also played a part.
The Green Paper sets out a process which requires us to convert the inputs we have into those important outputs we want to measure. This part of the process is about improving our efficiency; it is about reducing the unit cost of the service we provide. It assists us with clarifying goals, quantities and time limits that are realistic so that we have something to monitor instead of waiting for the Auditor-General to pick up on poor, or worse still, a lack of delivery.
Unfortunately, the N2 Gateway Housing Project is a case in point. What started out as an exciting Breaking New Ground project has ended up with many unhappy beneficiaries.
Our commitment, as the ANC, is to ensure delivery to the people of South Africa, particularly the poor people, but it will have to be quality delivery. That is why this Paper indicates that the President, Cabinet and the rest of government would agree on 25 to 30 outcomes, based on the Medium-Term Strategic Framework.
It further introduces the concept of measuring outcomes. This involves identification of an outcome and definition of output measures, description of key activities and listing inputs. It should be noted that this process is outcomes-based and therefore the first link in the chain is outcomes. Inputs are made with clear outcomes in mind. This will increase the capacity of government to perform optimally and maximise its ability to deliver quality services to the people.
Parliament, in its oversight role, will need to be vigilant. If we fail we all fail, but if we succeed we all succeed.
In the ANC manifesto President Jacob Zuma said:
There is still much to do to reach our goals and new challenges have arisen. We have to ensure that we grow the economy to meet the needs of our people squarely. Lasting victory over poverty and hunger requires the creation of decent work opportunities and sustainable livelihoods. Education must be at the centre of our efforts to improve the potential of every citizen and enable each one of us to play a productive role in building our nation. The quality of services the government will provide must be improved.
[Interjections.]
We admit, as the ANC, that the people are crying out there and we dare not fail them. The ANC welcomes this Green Paper initiative on improving government performance. I think I need extra time with all this heckling! Thank you. [Interjections.] [Applause.]
The HOUSE CHAIRPERSON (Ms M N Oliphant): Order, hon members! If hon members say something that you don’t like, just listen to that member, because I think at the end of the day there are other speakers who can respond to those issues. I now call upon the hon Leader of the Opposition. [Interjections.] Oh, sorry, the hon S N Swart.
Mr S N SWART: Chairperson, thank you for the promotion, with due respect. [Laughter.] Chairperson, the ACDP welcomes this initial debate on the Green Paper on Improving Government Performance. In the Green Paper, government correctly concedes that despite massive increases in successive budgets service quality and standards have deceased.
I actually said “deceased”, but I believe the word was “decreased”. This has resulted in widespread service delivery protests, as we are all aware, and there is consequently an urgent need to improve government performance at all levels and to reverse the trend of growing incapacity, corruption and lack of accountability.
The stacking of priorities will be the main challenge, as government Ministers will have to agree on 25 to 30 key outcomes in the areas of education, health, job creation, rural development and crime and corruption.
Now the central aspect of the outcomes performance management system relates to performance contracts of Cabinet Ministers and MECs to achieve deliverable and measurable outputs. As they are appointed by a political prerogative, they clearly can and should be held accountable and, I agree with the hon Davidson, fired for lack of performance, unlike in the past when Cabinet members were protected.
The previous performance management system for directors-general and public servants in general has been weak and erratic, for Ministers nonexistent. Whilst everyone in the Public Service is supposed to have a performance contract, many are either not in place or not monitored properly, this particularly at municipal level. Important matters have also been left out of such contracts, such as achieving a clean audit. How can we have the situation of directors-general and managers being awarded bonuses where there were qualified audits?
The Green Paper describes the process of translating government’s mandate into a set of measures against which it can hold itself and be held accountable. We as the ACDP welcome the initiative and will contribute and add to the framework to ensure it is effective. I thank you.
The LEADER OF THE OPPOSITION: Madam Chair, Minister Chabane, we are already on record as endorsing this initiative, and I’d like to reinforce that. And I would like to respect the fact that the ANC has acknowledged that government needs to improve their performance. For this plan to yield the desired dividends, however, you will have to ensure certain key imperatives are observed and implemented.
The three key aspects that the DA believes are essential when it comes to improving government’s performance, and are therefore directly linked to the success of the Presidency’s proposals, are as follows: firstly, appointing the right people to the right positions; in other words, people that are fit for purpose, people who can make Minister Shiceka’s delusions a reality.
Secondly, as already mentioned by hon Davidson, the DA believes in demanding accountability at all times, and at all levels of responsibility. Failure should mean termination of service, not simply no bonus, hon Shiceka, and suspension without any action. It should mean termination of service, because they are letting the nation down.
Thirdly, we must insist upon increased decentralisation of power to the other two spheres of government. Regrettably, the Green Paper does not address any of these values. This proposal does not speak about ensuring that the best people possible are appointed to top government positions, including the executive, irrespective of which faction within the ruling party they support or to whom they have demonstrated their loyalty in the past.
It also says nothing about holding public representatives, especially Cabinet Ministers … [Interjections.]
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon member, is that a point of order?
Mr G S RADEBE: Yes, Chair, I just want to check whether the hon member is aware that there is a faction within the ruling party.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon member, is that a question or what? Mr G S RADEBE: Yes, Chair.
The HOUSE CHAIRPERSON (Ms M N Oliphant): But the member did not say that he would take a question. Can you please continue, hon member.
The LEADER OF THE OPPOSITION: Thank you. I hope I will receive some injury time from people who don’t know what this debate is actually about.
Dr S M PILLAY: Chairperson, on a point of order: I understand English. I would like to know, by appointing people, how can you make a delusion a reality? [Interjections.]
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon Pillay, can you please take your seat? [Interjections.] Continue, hon member.
Mr M J ELLIS: Madam Chair, on a point of order: May I say that if the governing party is going to start taking these kinds of stupid points of order when our leader is speaking, we will do the same when their leader is speaking.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon Ellis, take your seat. Continue, hon member.
The LEADER OF THE OPPOSITION: It beggars belief that people say they understand English and then ask questions about it. The Green Paper also says nothing about holding public representatives, especially Cabinet Ministers, accountable when they fail to fulfil their obligations. Minister Shiceka again missed a beat when he was asked what would happen to him if his objective is not met, and that is precisely where the stumbling block is in this Green Paper.
In fact, Minister Chabane, in response to my follow-up question in the House, you deviated from what was contained in your Ministry’s proposal, less than a week after its launch. When I asked whether your Ministry would require government departments to release reports and indicators related to their performance on a more regular basis, especially whether the Department of Police would be required to release crime statistics on a more regular basis, you responded, and I quote:
We will, on issues that relate to us, be able to release information or reports related to the work that we are going to do. Obviously, with regard to reports that are compiled by other departments or other institutions, it is within the right of those institutions to determine how those reports are released and at what point.
I ask you, hon Minister, how does a system which allows departments to obfuscate propose to hold them to account? Minister, both this Green Paper and the Green Paper on National Planning appear to be intent on entrenching the centralisation of power in the national government and, more specifically, in the Presidency.
Among other things, the proposal that a delivery unit in the Presidency can intervene in any municipality and province could easily become a threat to constitutional democracy and the autonomy of the three spheres of government. In addition, I would like to add that it is quite clear that the Presidency …
Mr M L FRANSMAN: Chair, will the hon member take a question?
The LEADER OF THE OPPOSITION: No, Madam Chair, I have no time.
In addition, I would like to add that it is quite clear that the Presidency itself has some difficulty in applying the above-mentioned imperatives. There was debate around the nomination letter of the Chief Justice and the lack of action taken against those staff who sent it, late and backdated, yet no action was taken against those people - no accountability whatsoever.
Furthermore, the Presidency is certainly not appointing the best people for the job. Instead, cadre deployment has defined the recent appointments of Jessie Duarte, Vusi Mona, and Ayanda Ndlodlo. The latest chaos in the establishment of the hotline and the fact that R2,3 million is unaccounted for in the late establishment of that hotline, is indicative of the fact that even the Presidency is not prepared to hold people to account according to the very best plans and intentions.
To redirect complaints from the public back to the sphere of government where the complaint arises is oxymoronic, because it is precisely those spheres of government where the people have been frustrated. Minister, it is like telling a complainant who is laying a charge of rape to go and complain to the rapist before they lay a charge with the police. It is simply unacceptable.
In conclusion, I’d like to emphasise that the DA believes that unless the aforementioned issues are seriously addressed, this plan on improving government’s performance will remain just a plan.
Minister, I trust that you will monitor Minister Shiceka’s promises that he made in the House today and evaluate them. If you don’t, I hope Parliament will. If Parliament doesn’t, the DA will. [Time expired.] [Applause.]
Prof B TUROK: I want to raise a point of order, Chairperson. The Constitution says …
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon member, the member has left the podium.
Prof B TUROK: I rose when he was still there. Can we ask him to come back? [Interjections.] But I am going to ask you to rule, Chair.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon member, can you please take your seat?
Prof B TUROK: Chair, I would like to ask you to rule on a point of order.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon member, I can’t rule on the member when he is already sitting in his seat.
Mr M J ELLIS: Madam Chair, may I seriously address you on an issue?
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon Mike Ellis, just take your seat.
Mr M J ELLIS: But, Madam Chair, this is a very important matter.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon Mike Ellis, just take your seat.
Mr M J ELLIS: Chair, may I ask you why you will not allow me to address you, Madam?
The HOUSE CHAIRPERSON (Ms M N Oliphant): You are addressing me on what? The member who was speaking is now in his seat. So I have just called the next hon member – he has not even started. Can you please take your seat, hon Ellis? Hon Fransman.
Mr M L FRANSMAN: Hon Chairperson … [Interjections.]
The HOUSE CHAIRPERSON (Ms M N Oliphant): Order, please!
Mr M L FRANSMAN: Chairperson, I would really like to paraphrase my comments here today, and then I am going to leave my speech, because I think I must deal with the last speaker.
I want to paraphrase my comments with reference to a case study by the United Nations Development Programme, UNDP, called Money and Mambas – Listening to the People.
Our efforts over the past 15 years of democracy have been devoted to improving the lives of all our people. I cite the UNDP reference not because of the technical detail of the monitoring and evaluation process, but I think as I have seen in the Green Paper, Minister, for the insight that your strategy – the plan of government – is providing to deal with the realities of while we are doing monitoring and evaluation also to look at how the people are being engaged in that monitoring and evaluation, because that will be critical. At the outset I therefore want to acknowledge the Minister’s role. He is going to be a bold and courageous leadership champion in this programme, because it is 15 years after our democracy and we have identified that as a strategic intervention required, both at Polokwane as well as in the state of the nation address.
But let me deal with the opposition speakers here. [Interjections.]
The HOUSE CHAIRPERSON (Ms M N Oliphant): Order, please!
Mr M L FRANSMAN: We have heard about accountability. We have heard about monitoring, we have heard about performance. We have listened earlier to what the ANC speakers were saying. The ANC speakers were in fact quite self- critical as to how we have moved as the state 15 years into our democracy. All we have heard here from the opposition was raising issue with the ANC. Now let’s look at their track record. [Interjections.]
It was, in fact, the ANC that introduced, via Parliament, the Public Finance Management Act. It was, in fact, the ANC that introduced the Constitution. It was the ANC that introduced the mechanisms for delivery. [Interjections.]
The HOUSE CHAIRPERSON (Ms M N Oliphant): Order, please! Order, hon members! Continue, hon member.
Mr M L FRANSMAN: But we are saying that we now need to look at the further advancement of a national democratic revolution. But let me deal with the individuals, the hon members who were so critical. Let’s do an accountability test, Minister, on where they are governing. Let’s do a performance analysis on where they are governing. In fact, the DA has an executive government in the Western Cape, and 7 out of the 11 are white. [Interjections.]
The HOUSE CHAIRPERSON (Ms M N Oliphant): Order, please!
Mr M L FRANSMAN: We have just heard the hon Leader of the Opposition speak about “fit for purpose”. Members, what is that? What do we define as “fit for purpose”. [Interjections.] Let me tell you what the DA defines it as. [Interjections.]
The HOUSE CHAIRPERSON (Ms M N Oliphant): Order, hon members! Order, please!
Mr M L FRANSMAN: “Fit for purpose”, hon Chairperson, is the fact that in the education department in the Western Cape there was a black male, a very competent male, and he was replaced not so long ago by a white individual. “Fit for purpose” – this is what you said – in terms of the DA’s accountability, means replacing a black female that was in fact also part of the disability sector, and replacing her with a white male. [Interjections.]
The HOUSE CHAIRPERSON (Ms M N Oliphant): Order, hon members!
Mr M L FRANSMAN: “Fit for purpose” means replacing a black male, not so long ago, in the last three months, in public works with a white male. “Fit for purpose” means replacing a black female director-general with a white male director-general. That is what “fit for purpose” is. In fact, I also want to say … [Interjections.]
The HOUSE CHAIRPERSON (Ms M N Oliphant): Order, hon members! Hon member, is that a point of order?
Mr R A P TROLLIP: On a point of order: The hon member is misleading the House. [Interjections.]
The HOUSE CHAIRPERSON (Ms M N Oliphant): Order, members!
Mr R A P TROLLIP: An hon member of the ANC stood here this afternoon to tell this House that when another party comes to government, they will get rid of those people and replace them with their appointees. [Interjections.]
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon member, can you please take your seat? Continue, hon member.
Mr M L FRANSMAN: Hon Chairperson, that is exactly the point. That is what I am saying “fit for purpose” means. With regard to their accountability and their performance assessment, it is to get rid of black people in the context of employment equity. [Interjections.] That is what we have seen in the Western Cape where they are governing. [Interjections.]
The HOUSE CHAIRPERSON (Ms M N Oliphant): Order, hon member! [Interjections.] Order, please!
Mr M J ELLIS: Madam Chair, I want to say, on a point of order, that I am shocked that you have allowed this debate to take this racial overtone that it has taken now … [Interjections.] … and I urge you to control the speaker at the podium and to prevent this from happening. This is bad for Parliament. [Interjections.]
The HOUSE CHAIRPERSON (Ms M N Oliphant): Order, hon member! [Interjections.] Order, please! You may continue, hon member.
Mr M L FRANSMAN: Hon Chairperson, I have unpacked what “fit for purpose” means in the context of the DA, that is what I have done. Can I also say service delivery in terms of performance assessment means, and I want to say to the Minister for Co-operative Governance and Traditional Affiars, the people’s water has been cut in the Western Cape … [Interjections.]
The HOUSE CHAIRPERSON (Ms M N Oliphant): Order, hon member! Is that a point of order? Mr M MNQASELA: Yes, it is a point of order. The member seems to forget that this is not the Western Cape legislature. [Interjections.] This is the national legislature.
The HOUSE CHAIRPERSON (Ms M N Oliphant): What is your point of order, hon member? [Interjections.]
Mr M MNQASELA: The hon member Fransman is deliberately misleading this House. [Interjections.]
The HOUSE CHAIRPERSON (Ms M N Oliphant): Order, hon members! Hon member, can you please take your seat.
Mr M MNQASELA: He is doing it for the second time in less than two weeks, Madam Chair.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon member, can you please take your seat? Hon members, just take your seats, please. Hon members, the hon member that is at the podium right now is giving his own political view; therefore, we must allow that person to give his own political view. You may continue, hon member.
Mr M L FRANSMAN: Hon Chairperson, it is, in fact, the analysis around performance management in governance …
Mr C T FROLICK: Madam Chair, is it parliamentary for the member from the other side of the House to say the member is deliberately misleading the House? [Interjections.]
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon member, please, let us not disturb the member. Hon Fransman, can you please continue?
Mr M L FRANSMAN: Can I also say that the point that the Leader of the Opposition made, just before he ended, about the constitutional democracy, is an interesting point. We must analyse it. Is there a strategy to say we do not want to be part of a national agenda in terms of the various spheres of governance – national, provincial and local – performance-managed?
In fact, it is interesting that we hear the premier speaking about something else in the national Cabinet engagements, and then we are seeing something different in the space here. And therefore, what is taking place?
Also, I want to say to hon member Shilowa – who has just left – speaking about accountability here, we do know that there is much to be answered for when it comes to accountability and delivery in Gauteng.
Let me go back, therefore, to say that as the ANC we are very supportive of this debate, and we believe that the debate should be dealing with the real issues. And the real issues for us currently involve the bureaucracy.
As we are moving forward, hon Minister, as you roll out the monitoring and evaluation in government, will the bureaucracy and the state machinery align themselves into that space? That is something that I believe needs a fundamental reskilling. So that is one area.
Another area is in fact dealing with what we define as the activist role of Parliament. As the government will be moving into communities, as an activist Parliament, we will have to be able to position ourselves also to make sure that the oversight role of monitoring, the oversight role of performance and the oversight role of implementation are being dealt with.
The second-last point: There is a notion that we are dealing a lot with surveys. So we can easily say what the percentage of unemployed people in this country is, we can talk about the percentage of poor people in this country. But we don’t always know, Minister, who they are, where they are staying, what levels of skills they have, what delivery opportunities are there, and what I would suggest … [Interjections.]
The HOUSE CHAIRPERSON (Ms M N Oliphant): Order, hon members!
Mr M L FRANSMAN: What I would suggest, therefore, in terms of some of the critical engagement, is to include some of the ground data analysis also in the national survey analysis that has been conducted.
The final point, therefore, is: Let’s call on the public and let’s call on the administration in government – national, provincial and local – and let’s call on all the political parties to support this process. Let’s not underplay the value of this process of planning, monitoring and evaluation. Minister, with that, we support your process. [Applause.]
Mr C T FROLICK: Hon Chairperson, may we respectfully request from the side of the ANC that you do in fact make a ruling on the accusation that the hon member who has just left the podium deliberately misled the House?
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon member, I was going to deal with that. Hon members, there are rules and conventions of this House. And I just want to appeal to all political parties to try and teach their members about the language that is used in this House, to teach them about the Rules of this House, including the conventions of this House. One of the conventions of this House is that a member cannot say that another member is deliberately misleading the House. Therefore, I want to appeal to the hon member to withdraw that. Mr M MNQASELA: Hon Chairperson, with all due respect, I will not do so. [Interjections.]
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon member, I will repeat: There are conventions and Rules in this House, and therefore, as the person who is presiding, I want you to withdraw “deliberately misleading the House”.
Mr M MNQASELA: Chairperson, I find it quite disturbing that a member would stand here …
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon member, I said, just withdraw “deliberately misleading the House”.
Mr M MNQASELA: Well, in that case, Chair …
The HOUSE CHAIRPERSON (Ms M N Oliphant): Not “in that case”. Don’t withdraw based on reservations. I am saying that there are Rules and conventions in this House. Therefore you must withdraw: the legotla part.
Mr M MNQASELA: Chairperson, I withdraw it.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Thank you, hon member. [Applause.] Order, hon members. I now call on the hon Minister in the Presidency. Hon Minister. [Interjections.] Order, please! The MINISTER IN THE PRESIDENCY – PERFORMANCE MONITORING, EVALUATION AND ADMINISTRATION IN THE PRESIDENCY: Chairperson, hon Ministers, Deputy Ministers and members, I would like to thank members for the support they have shown to this debate and for the issues raised related to the contents of the Green Paper. Members have raised very important points and we take those points as contributions to the process of strengthening what we are trying to do.
We would like to admit that we don’t have all the wisdom and knowledge for the work we need to perform and we believe that our strength lies in the multitude of brains and experience which is available in the country as a whole. Therefore, the comments that have been made by the Members of Parliament will make a great contribution to improving both the contents of the paper and the effectiveness of the work which we will perform. I would like to allude to just a few issues that might have not been raised now but were raised before.
Firstly, we have received a lot of comments from interested parties – mostly in writing – which have been very valuable for us to improve the content of the paper and also the work which we must do.
There is a question that has been asked in the past about how we will relate to the audit between ourselves and the Auditor-General. I would like to add the Public Protector because some of the issues the Public Protector will deal with are complaints from the public with regard to the services which we have to deliver.
I would like to announce that we have agreed with the Auditor-General that there will be a quarterly meeting between our office and the Auditor- General. We will look at the issues which arise from the work they do with the various institutions and government. If there are necessary interventions that we need to make, these will be made even before the Auditor-General presents the report.
As I have said, it will include other institutions and the Public Protector. We are here to have a discussion with the Standing Committee on Public Accounts in Parliament and the legislatures, to understand how we are going to interface and how our work is going to enhance the accountability role which Parliament has to play and vice versa.
Other comments which we have received, in terms of the contents of the paper, include that we did not pay specific attention to the international experiences and to the work which is being done by various international organisations with regard to monitoring and evaluation. We have also not paid attention to setting proper benchmarks related to the international experience in order for our work and that of the country also to be benchmarked within the international experience. It is an area we need to strengthen, to ensure that we at least accommodate that view. The other area which has been raised is how we are going to work with the institutions. We have realised that, in the Green Paper, we did not go into detail with regard to how we are going to work with other institutions in the country. We have started discussions with universities to see what role they can play and what expertise we can tap from them as well as what amount of work and service they can do to assist us to undertake our work. We are doing so and consulting in that manner because we believe that the work we must do will be very valuable, not only for the Presidency but for all South Africans.
I understand the comments of the members of both the ruling party and the opposition parties, that all of us are committed to seeing an improvement in government performance. We all want to ensure that the priorities and services are delivered and all of us as members agreed that, together, we are going to strengthen those areas that need to be delivered.
I know that as time goes on, however, there will be a disagreement, particularly on one area of how we interpret accountability and especially with regard to various people who are supposed to execute other responsibilities. I hope that even in that area, all of us will be united, to see the improvement of the work we are supposed to do as government and to deliver a better service and quality of service to the communities that we serve.
An issue has been raised about whether we should not start in the Western Cape. I would like to warn against using the institution of performance and management, whether to settle political scores or to make a political point. It is very important for us to be aware that we have taken much care, from the beginning, to ensure that the work we do is aimed at improving the performance of government everywhere.
I can confirm that we had a number of discussions with various politicians in the Western Cape, including the premier, with regard to this work, both multilaterally and bilaterally. We have not seen any hostility with regard to the work we must do. I would like to confirm that at least for now, until we start to work, we should not judge people by where they stand but by what is supposed to happen.
There is an issue that has been raised with regard to the extent to which we want to provide information which will be available. We have said at the beginning when we have started that the work which we do is not underground, but open. Our performance targets are the ones which will be public, the ones which will be agreed to and which are supposed to be dealt with.
One member said that we should not set unrealistic targets. It is not our intention to set unrealistic targets. We think we will set targets jointly with the stakeholders who will be involved so that all of us commit ourselves to deliver a better service to our people.
A warning sign has been given with regard to what is called a delivery unit. The Green Paper is very clear and deliberate that a delivery unit is an intervention strategy for those who need assistance with regard to several areas where they need additional capacity, in order to deliver the type of service or to resolve a particular problem which might arise. We have said, even in the paper, it will be done in partnership and agreement.
Those who are involved in the line function and those spheres of government that will be responsible for their function, must understand that we are just providing support to ensure that a particular service is delivered properly or that a particular problem is resolved. It is not for us to take over the responsibility to deal with those issues.
One of the issues that have been raised relates to our approach to the hotline. We have said in the Green Paper that we are not a line function department and where problems arise we are not going to take over those functions. Our responsibility is to make sure that things are being done properly and efficiently and as fast as expected by the communities. Therefore, if issues are raised within the context of the hotline or within the context of any mechanism or any medium which will be used to interact with society, it is the responsibility of those departments or institutions which have to perform those functions.
That is why we have established a forum for ourselves and the various departments and the provinces. We will then be able to check and get people to follow up, to ensure that those things are attended to and responses are provided to the society out there.
We are currently busy with discussions with the parastatals and state-owned institutions. Sometimes it will probably help us to deal with some of the questions which you have raised such as how people will get bonuses, on the one hand, when the state institution is losing money on the other. Hopefully, we will be able to address those types of issues or find solutions which we believe will be beneficial not only to government, but also to society in general.
Finally, I would like to thank members for their contributions and would like to welcome those who have inputs in writing to bring them to us so that we can incorporate them into our work, as we finalise the work. We believe that we will continue to improve the mechanisms we are putting in place. It is not the final bite. We will continue to improve as we get experience and more information on how we need to conduct our work. I thank you. [Applause.]
Debate concluded.
The House adjourned at 18:40 ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
FRIDAY, 18 SEPTEMBER 2009
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Arts and Culture
(a) Report and Financial Statements of the National Library of
South Africa for 2008-2009, including the Report of the Auditor-
General on the financial Statements and Performance Information
for 2008-2009 [RP 215-2009].
COMMITTEE REPORTS
National Assembly
Report of the Portfolio Committee on Justice and Constitutional Development on the appointment of persons to the South African Human Rights Commission in terms of section 193(5) of the Constitution, 1996, dated 17 September 2009
The Portfolio Committee on Justice and Constitutional Development having considered the appointment of persons to the South African Human Rights Commission reports as follows (the African Christian Democratic Party (ACDP), Democratic Alliance (DA), and Congress of the People (COPE) abstaining):
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The Committee has been tasked by the National Assembly with making recommendations on the names of persons to fill the vacancies that have arisen in the South African Human Rights Commission (SAHRC). The terms of office of five of the commissioners, one of whom is appointed part-time, will expire at the end of September 2009.
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Chapter 9 of the Constitution establishes the SAHRC as a State Institution Supporting Constitutional Democracy. It must promote respect for human rights and a culture of human rights; promote the protection, development and attainment of human rights; and monitor and assess the observance of human rights in South Africa.
- In accordance with section 193 of the Constitution, members of the SAHRC must be men and women who are: • South African citizens; • Fit and proper to hold the particular office; and • Comply with any other requirements prescribed by national legislation.
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Advertisements calling for nominations were placed in both national and regional newspapers in May 2009. The closing date for these nominations was 8 May 2009. A number of nominations were received. The Committee then decided to reopen the nomination process. This is because the National Assembly may decide to nominate more than 5 Commissioners and may also decide to nominate part-time as well as full-time Commissioners. Further advertisements were placed in national and regional newspapers, with 4 September 2009 as the closing date.
-
A total of 217 nominations were received. The Committee deliberated and 32 nominees were shortlisted for interviews.
-
The interviews were held at Parliament from 14 to 17 September 2009. Two nominees withdrew, and three more were unavailable during the period set aside for the interviews. In total, 27 nominees were interviewed.
- After deliberating, the Committee recommends that the National Assembly consider the following persons to fill the position of Commissioners on the SAHRC:
• Ms L Mokate (Full-time)
• Adv BJ Malatji (Full-time)
• Adv LM Mushwana (Full-time)
• Adv LKB Mpumlwana (Full-time)
• Ms J Love (Part-time)
• Dr D Titus (Part-time)
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The Committee was impressed with the calibre of those it interviewed. It would have liked to have recommended the appointment of more Commissioners but was unable to do so because of funding constraints on the part of the SAHRC. It intends to engage with Government for additional funds to appoint more Commissioners.
- The Committee would like to make greater use of the expertise that is available in the field of human rights. It agreed to establish a panel of human rights experts from those shortlisted to advise the Committee.
- The Committee wishes to thank all those nominated and their nominees for putting their names forward. It is especially appreciative of those who made themselves available for the interviews.
Report to be considered
MONDAY, 21 SEPTEMBER 2009
TABLINGS
National Assembly and National Council of Provinces
- The Minister in The Presidency: Performance Monitoring and Evaluation
(a) Report and Financial Statements of the International Marketing
Council (IMC) for 2008-2009, including the Report of the Auditor-
General on the Financial Statements and Performance Information for
2008-2009 [RP 134-2009].
- The Minister of Health
(a) Report and Financial Statements of the Council for Medical
Schemes for 2008-2009, including the Report of the Auditor-General
on the Financial Statements and Performance Information for 2008-
2009 [RP 67-2009].
(b) Report and Financial Statements of the National Health
Laboratory Service for 2008-2009, including the Report of the
Independent Auditors on the Financial Statements and Performance
Information for 2008-2009. 3. The Minister of Rural Development and Land Reform
(a) Report and Financial Statements of the Ingonyama Trust Board
for 2008-2009, including the Report of the Auditor-General on the
Financial Statements and Performance Information for 2008-2009 [RP
172-2009].
- The Minister of Trade and Industry
(a) Report and Financial Statements of the Technology and Human
Resources for Industry Programme (THRIP) for 2008-2009, including
the Report of the Auditor-General on the Financial Statements and
Performance Information for 2008-2009.
- The Minister of Mining
(a) Report and Financial Statements of the Council for Geoscience
(CGS) for 2008-2009, including the Report of the Auditor-General on
the Financial Statements and Performance Information for 2008-2009
[RP 55-2009].
- The Minister of Water and Environmental Affairs
(a) Report and Financial Statements of the Trans-Caledon Tunnel
Authority (TCTA) for 2008-2009, including the Report of the
Independent Auditors on the Financial Statements and Performance
Information for 2008-2009.
- The Minister of Sport and Recreation
(a) Report and Financial Statements of the South African Drug-Free
Sport for 2008-2009, including the Report of the Auditor-General on
the Financial Statements for 2008-2009 [RP 99-2008].
TUESDAY, 22 SEPTEMBER 2009
ANNOUNCEMENTS
National Assembly
The Speaker
- Membership of Committees
(1) The following members have been appointed to the Subcommittee
on Review of the National Assembly Rules in accordance with the
composition agreed by the Rules Committee on 22 May 2009 and
confirmed by the House on 26 May 2009:
African National Congress
Chohan, F I
Jeffery, J H
Landers, L T
Martins, B A D
Thabete, E
Thomson, B
Tshwete, P
Democratic Alliance
Ellis, M J
Pretorius, P J C
Congress of the People
Mashiane, L M
Inkatha Freedom Party
Oriani-Ambrosini, M G
Van der Merwe, J H (alternate)
Smaller parties
Mulder, C P (FF Plus)
Vacant
(2) Adv M T Masutha (ANC) was appointed as chairperson of the
Subcommittee on Review of the National Assembly Rules in terms of
Rule 173. TABLINGS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson
(a) Report of the Auditor-General on an investigation at the South
African Broadcasting Corporation [RP 237-2009].
- The Minister in The Presidency: Performance Monitoring and Evaluation
(a) Green Paper on Improving Government Performance: Our Approach
[RP 223-2009].
Please note: The above report is an amendment of the entry of item
1 under Tablings published on page 732 of the Announcements,
Tablings and Committee Reports of 8 September 2009.
- The Minister of Police
(a) Report and Financial Statements of Vote 22 – Department of
Safety and Security for 2008-2009, including the Report of the
Auditor-General on the Financial Statements and Performance
Information of Vote 22 for 2008-2009 [RP 204-2009].
- The Minister of Science and Technology (a) Report and Financial Statements of the South African National Energy Research Institute (Pty) Ltd for 2008-2009, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2008-2009. (b) Report and Financial Statements of the South African Council for Natural Scientific Professions for 2008-2009, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2008-2009.
(c) Report and Financial Statements of the Human Sciences Research
Council (HSRC) for 2008-2009, including the Report of the Auditor-
General on the Financial Statements and Performance Information for
2008-2009 [RP 184-2009].
(d) Report and Financial Statements of the Africa Institute of
South Africa for 2008-2009, including the Report of the Auditor-
General on the Financial Statements and Performance Information for
2008-2009.
(e) Report and Financial Statements of the National Advisory
Council on Innovation for 2008-2009.
- The Minister of Water and Environmental Affairs
(a) Report and Financial Statements of the Water Research Commission
for 2008-2009, including the Report of the Auditor-General on the
Financial Statements and Performance Information for 2008-2009 [RP
130-2009].
-
The Minister for Cooperative Governance and Traditional Affairs (a) Report and Financial Statements of the Municipal Demarcation Board for 2008-2009, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2008- 2009 [RP 207-2009].
-
The Minister of Finance
(a) Report and Financial Statements of the Corporation for Public
Deposits for 2008-2009, including the Report of the Independent
Auditors on the Financial Statements and Performance Information
for 2008-2009.
(b) Report and Financial Statements of the Financial Services Board
for 2008-2009, including the Report of the Auditor-General on the
Financial Statements and Performance Information for 2008-2009 [RP
201-2009].