THURSDAY, 25 FEBRUARY 2010 __

          PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
                                ____

The Council met at 14:03.

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

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.

              INVITATION TO SADC HEALTHY LIFESTYLES DAY

                           (Announcement)

The CHAIRPERSON OF THE NCOP: Hon members, before we proceed with today’s business, I have been requested by the Minister of Health, Dr Motsoaledi, to extend an invitation to all members of the Council to attend the launch of the SADC Healthy Lifestyles Day, which will be held from 26-27 February

1. Transport to the event will be departing at 20:00.

I am told the event is somewhere in Guguletu. We will ask our office to send the invitations if you have not got them. I do have an invitation in my office.

                PRECEDENCE TO SUBJECT FOR DISCUSSION

The CHAIRPERSON OF THE NCOP: The second request is that the House should allow that we give priority to the subject for discussion, education, today, and then we will deal with motions at the end. This is because of the other business the Ministers have to do, so we thought that we should prioritise the subject for discussion today. Are we agreed on that? Thank you.

                     MOTION ADDED TO ORDER PAPER

                           (Announcement)

The CHAIRPERSON OF THE NCOP: Hon members, I have directed, in terms of section 78(2) of the Council Rules, that a motion be added to the Order Paper as the second motion, a copy of which will be made available. I shall just ask the Chief Whip to read that message to the House, so that we can agree on that.

The CHIEF WHIP OF THE COUNCIL: Thank you, Chair. The Chairperson has, in terms of Rule 78(2), directed that a motion that will be moved later in the proceedings be placed on the Order Paper. All delegation heads have been consulted and have concurred in terms of Rule 78(3). Thank you, Chairperson.

The CHAIRPERSON OF THE NCOP: Hon members, are we agreed on that? Agreed. Thank you very much.

I shall now call the hon Tau to come and chair, because I am participating in the debate.

EDUCATION DEBATE: ENHANCING THE CULTURE OF LEARNING AND TEACHING IN OUR SCHOOLS FOR BETTER EDUCATION OUTCOMES AND ADDRESSING CHALLENGES IN ACCESSING FINANCIAL ASSISTANCE FOR POOR LEARNERS IN HIGHER EDUCATION

                      (Subject for Discussion)

The CHAIRPERSON OF THE NCOP: Chairperson, I start by thanking the hon Minister of Higher Education and Training, hon Blade Nzimande. I don’t know if I should say “Sharp Blade” Nzimande! Welcome, Minister.

I also want to welcome the hon Minister of Basic Education, hon Motshekga. Thank you for agreeing to come and participate in this debate in the NCOP. Your co-operation is highly regarded by the NCOP. Thank you also to all the MECs who have been able to come here today to participate in this important debate.

We thought it would be important to start our debates on policy issues in the NCOP this year by looking at education because of its importance, and we will continue and consider other areas that we have identified as our priority areas of oversight.

When the President of this country addressed this House last year, he stated that our education was not delivering the results that South Africans needed to overcome the ravages of apartheid. He said that a large slice of the population lacked the skills they needed to find employment, leaving them jobless for years and years. He further stated:

Though it absorbs a significant amount of our budget, our education system does not produce the outcomes we require.

A couple of months ago the President addressed the matric results that were released, and they were unsatisfactory by far. An in-depth analysis of these results shows a deep-rooted challenge in our education system as a whole.

Let me just go quickly to the statistics. In 1998 more than 1,5 million children across the country started Grade 1. Since then, about 1 million of those children fell by the wayside. In 2009 only 551 940 of them registered for the matric class. That is a dropout rate of about 65%.

We have to ask ourselves the question: Where are those learners today? What are they doing where they are currently? That is a question that I want to put directly to all of us as Members of Parliament as well: What are we doing to be involved in that?

Also, hon members, in terms of the SA Schools Act of 1996, it is also the responsibility of the parents to make sure that those children go to school and are taught. I do not want to read the Act; I am sure everybody knows that the Act says we have a responsibility as parents to make sure that our children pass Grade 9 at least. It is our responsibility to do so. This is also in the Bill of Rights, which is entrenched in the Constitution.

There is absolutely no reason today for parents or anybody to allow their children to not go to school and hide behind the argument of poverty. The Minister and the Department of Basic Education have made it very clear that no school should refuse to admit a child to school if he or she does not have the money to pay for school fees.

That is the reason for the department actually taking steps to make quite a number of schools no-fee schools today. The quintile system itself has played a major role in addressing that and, Minister, we want to thank you that the number of these schools where our children are not paying school fees has now increased and that they can go to school and receive an education. Thank you for that, because it was a very big problem in the past. Although there are challenges regarding the classification of some schools into different quintiles, the quintile system is still one of the best ways of actually helping poor children attain a basic education.

Let us quickly look at the matric results. The 2009 matric results were announced earlier this year. Only 334 609 of the 551 940 who wrote passed matric. That is 60,6%. Of these, just over 100 000 qualified for university entrance. In Mpumalanga, for example, the pass rate was 50%, and in the Eastern Cape 51%. Simply put, this means that one in every two matriculants in these provinces is facing an uncertain future.

Figures released by the Department of Basic Education show that 18 schools got a 0% matric pass rate. Half of them – i.e. nine - are found in Limpopo, four in KwaZulu-Natal, three in the Eastern Cape, one in the North West and one in Gauteng. Do you want to tell me that those children are all stupid in those schools and that not even one child can pass? There must be something wrong. I don’t believe that all those children cannot pass and that there was a pass rate of zero in those particular schools. There is something wrong and all of us need to pay attention to that.

I want to suggest right now that all Members of Parliament who are deployed in constituencies where those schools are should adopt a school like that. Don’t wait for tomorrow; let it be your school until you upgrade it and until you get the results corrected. I have done it in the past and I know it works. I monitor such a school until the results of the school shape up and then I know I have done my work. Then I can leave that school and go and do another school.

Hon members, in 2007 the pass rate was 65,2% and in 2008 it was 62,5%. These decreases started after 2004, when the pass rate was 70,7%, and it has been going down every year. If the trend is anything to go by, it means we are heading for trouble.

What are some of the challenges that exist and that all of us can address, instead of waiting for the department? One of the challenges is absenteeism at school, either of the teachers or the children themselves. We can go there and check. I did that just two weeks in my constituency, and I discovered that these problems still exist. Other challenges are bad management of schools and a lack of infrastructure at schools.

In interacting with my constituency, I further found that there was a lack of discipline among some of the teachers – not all of them. Remember that we have some teachers who are very good, but some of them still lack discipline at school, and some learners also have a lack of discipline, either leaving early or arriving late, whatever the case may be.

There is also poor management of school transport. They have complained to those of us who have visited schools that in some areas they don’t have school transport, or the school transport brings them to school late and fetches them early, whatever the case may be. Those are simply questions of logistics can be addressed by management at that particular school.

Then there is the issue of a lack of qualified teachers, especially for subjects such as mathematics and science. Minister, when I visited two high schools in the Modimolle area in Limpopo, where I am deployed, I asked both of the principals of those schools one simple question: What made your results drop in 2009? Let us leave other years, just tell me what made your results drop in 2009.

Both of them said to me that the children had failed in large numbers in mathematics, physical science and accounting. I asked them why they had failed. The answer I got from both these principals was that the papers were too hard. The standards set in the papers were too high. That is what I got from their mouths. Now, I didn’t see the papers, and I don’t know what they looked like, but what I want to raise is that it is common knowledge – you get some information - that some of the teachers, when they teach accounting, deliberately avoid bookkeeping and management accounting. When they teach mathematics, they avoid, for example, looking at the question of trigonometry, which is very important in teaching mathematics.

Hon Chairperson, other speakers will expand on what I have said, because I don’t have much time. But let me also say that we should also ask ourselves the following questions as we discuss this subject: How many children of disadvantaged parents can read, count and write properly when they go to school, as opposed to the children from advantaged families? How many township and rural schools are crippled by the lack of resources that are needed to ensure that teaching continues uninterrupted? How many schools in poor areas are functioning and have libraries and laboratories? These are some of the questions that we should ask.

Once more, the government has committed itself to ensuring access to quality education as one of the strategic priorities of this term of Parliament, with a focus on the delivery of quality outcomes. As the President stated, among other things, during the state of the nation address in 2009, particular attention would be paid to learner outcomes, early childhood development, improving school management and supporting and developing a higher quality of teaching as a profession. Achieving this, however, depends upon dealing with basics first.

These are what the President calls the non-negotiables, that is, teachers should be in school, in class, on time and teaching for seven hours every day. There should be no neglect of duty, there should be no abuse of learners and learners must be in class learning. These are non-negotiables and very, very important.

Coming to higher education, I want to thank hon Minister Blade Nzimande. I have had a discussion with him - I don’t want to repeat a lot in the debate – particularly in terms of the students who need to be registered at or admitted to tertiary institutions. I am referring to the question of students who are perhaps doing their third or final year and hardly have the money to complete their degrees. They have to break off their studies, go and work and come back and finish their degrees. There are still these problems at tertiary institutions.

There is a point system for admitting students to university. I am not too sure whether it is standard, or whether each university has its own point system. The University of Cape Town, for example, might have its own system, and UWC might have its own system, so too Free State, Wits, and the University of Pretoria. Which criteria are being used, actually, in dealing with these point systems?

The most important thing is that we must make sure that the children who pass well in matric gain access to these tertiary institutions. Those point systems must not be used to prevent our children from entering institutions of higher learning and to favour other people getting into the institutions of higher learning. I would want to request the Minister today to look into that. I have actually seen that the Minister has begun that type of discussion. I think this morning you came out very well. I do not know if you pre-empted the debate this afternoon, Minister, but I was watching you on television and this question came up again, and you responded to it very well. I want to thank you very much.

Thank you, hon members. Those are my inputs for the debate. [Applause.]

Mr M J R DE VILLIERS: Hon Chairperson of the NCOP, it is always a pleasure and an honour to follow on after you in a debate.

Chairperson of the NCOP, Ministers present and members of the House, this topic of today is very important. It is the crux of the matter and the solution to guaranteeing a better future for all our people and our country. Education is the main pillar of building a stable and prosperous country. Therefore a quality education and training system is cardinal to enhancing good values and morals in our communities. Voorsitter, kan ons met gerustheid sê dat ons in hierdie rigting beweeg? Die antwoord is nee, omdat die gehalte van syfervaardigheid en geletterdheid in grade 3, 6 en 9 hopeloos te laag is. Ons het ’n krisis in die onderwys en ons moet dit vinnig en dringend uitsorteer. (Translation of Afrikaans paragraph follows.)

[Chairperson, can we confidently say that we are heading in this direction? The answer is no, because the levels of numeracy and literacy in Grades 3, 6 and 9 are far too low. We are experiencing a crisis in our education system and we need to address this swiftly and urgently.]

We must quickly come up with accurate diagnostic models to address the problems and the causes of failure in our basic education system.

We need effective models and programmes to address our sociocultural environment within and outside our schools, as well as a change of mind-set among our children and youth regarding the values and goals that are important for a stable life and community.

The capabilities of our teachers and their commitment to quality education and training outcomes must be improved and set as the most important priority.

Die doelwit, soos gestel deur vandag se onderwerp vir bespreking, wys soos ’n teregwysende vinger na elkeen van ons in Suid-Afrika. Die departement het wel in 2008 ’n projek geloods om ’n fondasie te lê vir leer en om geletterdheid en syfervaardigheid te verbeter.

Dink net: As die nasionale regering onder die ANC en sy alliansie-vennote die model wat in 2001 deur die destydse DA-administrasie in die Wes-Kaap geïmplementeer is, geïmplementeer het, het ons nie hierdie krisis op hande gehad nie.

Die uitfasering van onderwyskolleges deur die destydse regering onder voormalige President Mbeki se beheer was verkeerd en ’n fout. Onderwyskolleges is die teelaarde vir leerkragte in basiese opvoeding en onderrig. Dit is hier waar die fondasie vir enige goeie leerkrag gelê en vasgepen word. (Translation of Afrikaans paragraphs follows.)

[The goal, as put by today’s subject for discussion, points like an admonitory finger to each one of us in South Africa. In 2008, the department did indeed launch a project to lay the foundation for teaching and to improve literacy and numeracy.

Just consider the following: If the national government under the ANC and its alliance partners had implemented the model that was implemented in 2001 by the former DA administration in the Western Cape, we would not have this crisis at hand. The phasing out of teacher training colleges by the government at the time, under the leadership of former President Mbeki, was wrong and a mistake. Teacher training colleges are the breeding grounds for teaching staff in basic education and teaching. This is where the foundation for any good teacher is laid and established.]

To enhance the culture of learning and training, we must show our commitment to advocating our aims and goals extensively all over the place- on billboards, television and radio, in local government institutions, national government institutions and social development institutions, on our roads, in our shops, etc.

We must have a psychological, physical and structural campaign to achieve our goal of learning and training our youth and communities. This must not be a once-off occasion, but an ongoing and constant campaign in every sphere of human existence.

Die stelsel van basiese onderwys moet verander word, want die bestaande stelsel toon ernstige probleme. [The basic education system needs to be transformed as the existing system shows signs of serious problems.]

The simple factor by which the teacher-learner ratio is calculated is wrong and inadequate. We must find a different model to determine this ratio, especially in our basic education phases, Grades 1 to 3, Grades 4 to 7 and further up.

We must implement a model for monitoring and evaluation in schools and classes to see if pupils perform and progress in numeracy and literacy. This must be done on a regular and constant basis by the school’s senior staff. Then, when the inspector comes to the school, as mentioned by the President in the state of the nation address, nobody will fear that faults will be identified. To achieve this, more time must be set aside for the appropriate staff to perform this duty in the time available to them.

Leer en opleiding begin by die gewoonte om te lees en ’n liefde vir lees te ontwikkel. Daarom stel ek dit as ’n feit dat hierdie gewoonte deur middel van verskillende programme, modelle en inisiatiewe aangemoedig moet word. Mense met ’n liefde vir lees verstaan beter, ontwikkel beter en presteer beter.

Ons kan nie verwag dat leerkragte wat in ’n situasie opgelei is om ’n bepaalde model van onderrig toe te pas en uit te voer, ’n nuwe model, wat ander doelwitte het, suksesvol sal implementeer nie. Hulle moet ook konstruktief en effektief opleiding en onderrig ontvang om hulle te kapasiteer vir hul nuwe taak. Geen “mikrogolf”-opleidingsmodel sal effektief werk nie. (Translation of Afrikaans paragraphs follows.)

[Education and training start with the habit of reading and by developing a love of reading. For this reason, I am stating it as a fact that this habit should be promoted by means of different programmes, models and initiatives. People who love to read have a clearer understanding of things, their development is more advanced and they perform better.

We cannot expect teachers who are trained to apply and implement a certain model of teaching in a specific situation, to successfully implement another model that has other goals. They must also receive constructive and effective training and teaching to capacitate them for their new task. No “microwave” training model will work effectively.]

Chairperson, you cannot expect learners to excel in any form of mathematics if they did not receive maths training from the primary phase and throughout the phases up to Grade 12. Umalusi identified that historically 30% to 40% of all secondary schools did not have some form of education with regard to maths before Grade 9. Therefore the maths pass rate in 2008 was only 46%. In 2008 54% did not pass and in 2009 53% did not pass.

This is a typical example of a misjudgement in educational accountability and implementation. The misfortune of this situation is that those learners were dealt a psychological blow by our system of education to their whole lives and future. This we must never again allow to happen.

Too many learners with the potential to study further, maybe at a college or university, cannot go to such an institution, due to the financial inaffordability. We must come up with a financial model of assisting them to further their studies.

Even parents with a decent job, such as teachers, people in correctional services, health services or other government sectors, cannot afford to send their children to these educational institutions. We must look into the matter. Maybe the benefit of a study loan or bursary at their workplace could address this problem.

Hierdie voordele sal ook ons leerders aanmoedig om hulself te kwalifiseer in daardie rigtings waar die voordele vir hul toekomstige kinders se verdere studies rooskleurig is. Dit sal die finansiële sake van ons hoëronderwysinstellings ook baie verbeter, en hulle sal ook beter dienste aan ons studente kan lewer wanneer hulle by hierdie instellings opdaag.

Kom, laat ons die onderwys, onderrig en opleiding van ons jeug en gemeenskap die belangrikste saak maak om ’n beter toekoms vir ons land en al sy mense te verseker. Ons moet ook daarop konsentreer om kriteria en modelle te vind vir dié leerders wat uitval tussen graad 1 en graad 12, sodat ons hulle langer in die skool kan hou. Dit sal verseker dat ons baie meer matrikulante sal hê, en ’n baie beter toekoms vir ons jeug en ons samelewing kan voorsien, met al die voordele wat dit inhou. Ek dank u. [Applous.] (Translation of Afrikaans paragraphs follows.)

[These benefits would also urge our learners to obtain qualifications in those areas that would be beneficial to their children’s future studies. This would greatly improve the financial affairs of our higher education institutions as well, and they would also be able to offer better services to our students when they arrive at these institutions.

Come, let us prioritise the education, teaching and training of our youth and communities to ensure a better future for our country and all its people. We must also focus on finding criteria and models for those learners who leave the education system between Grade 1 and Grade 12, so that we can keep them in school for a longer period. This would ensure a greater number of matriculants and provide a much better future for our youth and society, with all the benefits that are associated with it. Thank you. [Applause.]]

The HOUSE CHAIRPERSON (Mr R J Tau): Thank you very much, hon De Villiers. As I call on the hon Makgate, may I take the opportunity to welcome the president of the SRC of the University of Cape Town Mr Sizwe Mpofu-Walsh, who is seated in the gallery. You are welcome, sir. You may proceed, hon Makgate.

Ms M W MAKGATE: Modulasetilo, Matona a Lefapha a a leng teng fa, pele ke simolola ka puo ka re thuto e botlhokwa mo baneng ba rona. [Chairperson, senior officials of the department present here today, before I start with my speech, I would like to say education is important to our children.]

Nelson Mandela’s long walk and commitment to quality education for all South Africans manifests itself not only in his personal struggle to qualify himself as an attorney, but also in the broader struggle for the liberation of black people in general and black Africans in South Africa in particular.

His vision of quality and free education in a nonracial, democratic, nonsexist society has evolved over many decades through not only personal sacrifice, but also the collective political counsel of the then leadership of Kotane, Max Sisulu and others.

The ANC’s vision for a quality, compulsory and equal education was subsequently concretised in the Freedom Charter at the Congress of the People in Kliptown on 26 June 1955. These objectives were completely articulated and amplified in the Rivonia Trial of 1964, during which Nelson Mandela said:

The present government has always sought to hamper Africans in their search for education.

There is compulsory education for all white children at virtually no cost to their parents, be they rich or poor. Similar facilities are not provided for the African children …

Against this background, it must be noted that the vision of the Freedom Charter became the bedrock of struggle for the liberation and its policy compass. It culminated in the adoption of the South African Constitution of

1. Moreover, the Bill of Rights, although conceptually raised during the Rivonia Trial, encapsulated all the ideals that we envisaged during Nelson Mandela’s testimony.

In relation to education, the Constitution is ambiguous. Section 29, clause 1 says:

Everyone has the right -

 a) to a basic education, including adult education; and


 b) to further education, which the state, through reasonable measures,
    must make progressively available and accessible.

(2) Everyone has the right to receive education in the official language or languages of their choice in public educational institutions where that education is reasonably practicable. In order to ensure the effective access to, and the implementation of, this right, the state must consider all reasonable educational alternatives, including single medium institutions, taking into account -

      a) equity;


      b) practicability; and


      c) the need to redress the results of past racially
         discriminatory laws and practices.

Since Nelson Mandela was inaugurated as President in 1994, our ANC-led government has made significant strides in relation to policies pertaining to education. In our primary and secondary schooling, we are just a few years away from achieving 100% participation by all our children. About 600 000 children attend crèches and preschools. The matriculation pass rate has risen from 58% in 1994 to 60,7% in 2009.

Overcrowding in classes has been greatly reduced. The teacher-learner ratio in 2006 was 1:32 as opposed to 1:43 in 1996. Currently, more than the poorest 60% of schools in the country are no-fee schools.

The mass literacy campaign is now reaching more than 500 000 people who could not read and write. In higher education, 140 000 students have been supported through our national financial aid scheme, which is helping to improve participation of the poor in higher education.

Furthermore, during his tenure as the President of the ANC, the first democratically elected President of the Republic and his public-speaking career after retiring from presidential duties and office, Nelson Mandela has been consistent in his quest to amplify the historic evolution of ANC policies, emphasising the critical importance of education and constructively criticising the subsequent ANC administration for failing to implement policies.

However, it is critical that we contextualise recent trends in basic education, particularly against the enormous sacrifice of Nelson Mandela and his peers. In this regard, the consistent decline in the matric pass rate between 2006 and 2009, with 2009 presenting us with an all-time-low matric pass rate, is indeed alarming. Many commentators have, since the publication of the 2009 results and over the last while, lamented the direction of the systematic deficiencies of basic education in our country.

As we all know, our ANC-led government’s policy which entails shifting resources to the poor, achieving almost universal access, and implementing initiatives to enhance outcomes and the culture of learning in schools has been amazingly effective. Furthermore, our education budgetary allocation demonstrates this government’s commitment to developing the strategic capacity and instruments to build the developmental state; and we would like to engage with any contrary view.

At the same time, new challenges have emerged which demand of the ANC-led government to be more resilient. However, we need to acknowledge that these successes have not translated into an improved outcome. Our country continues to be confronted by low pass rates mathematics, science and technical subjects which in turn continue to cast doubts on whether we are able to meet the immediate, medium- and long-term skills capacity demands of the developmental state.

What is it that we need to do? I have already alluded to funding, which has given access to millions of South Africans to the various bands of education. However, we believe that indicators of access should not be restricted to a narrow definition of registration at a centre of learning, since the evidence of inequalities is still reflected in our learning and teaching landscape and it remains stuck.

For example, the critical deliverable of infrastructure provision often gets overlooked in the broader picture. Currently, and although we have made significant gains in the sphere of infrastructure provision, the scenario remains heavily skewed, particularly in relation to rural areas and poor and wealthy urban schools.

Moreover, infrastructure delivery in rural and peri-urban schools continues to be bedevilled by the absence of synchronisation between the three spheres of government. We are therefore calling on the Department of Basic Education to address this matter.

As the ANC, we have adopted certain non-negotiables in education as contained in our 2009 January 28 Statement. Amongst other things, the ANC is calling on teachers to be in class on time and to teach for seven hours daily. These non-negotiables were reaffirmed by our President, Jacob Zuma, during the state of the nation address two weeks ago.

As we know, our education system, aside from real constraints, is also seriously constrained by management capacity. This has led in many instances to unintended consequences. For example, they manifest in poor delivery, dysfunctional schools and ill discipline among some educators and learners. We are therefore endorsing the injunction of our leadership to engage with all its stakeholders, learners and teachers to adhere to the non-negotiables.

Furthermore, we are calling on the department and its provincial counterparts for improved evaluation and monitoring. Also, we wish to propose to the Department of Education, as a matter of policy, a revised and faster evaluation and assessment of schools where management requires attention.

In addition, we would like to be privy to an updated database that reflects those schools where management deficiencies are acute, in order to remedy the situation. It is our view that through working together we can destigmatise the image of township and rural schools, since it appears as if a stigma has taken root in many of these schools.

As we all know and have seen, either as spectators or active participants, the functioning and transformation of our school governing bodies remain contentious. In most areas, SGBs are indeed executing their mandate and statutory obligations in an exemplary fashion, and we salute them.

In other areas they have been used as catalysts to advise on the sinister objectives of careerists with regard to counter-transformation and further undemocratic and racialist agendas.

The SGB system has been given life through an Act of this democratic Parliament and as public representatives it is our duty to ensure that the statutory mandate is upheld at all times. It is our view that the latter is also a non-negotiable since the responsibilities and duties of the SGBs and the school management in general are regarded as being mutually exclusive. Quite the contrary, they are indeed both central to the framework within which management of schools is located. Furthermore, as the ANC we are calling for the forging of a social compact for each sector to contribute to the common objective in which particular communities and progressive formations can together strengthen the schooling system and build an enduring people’s contract.

In conclusion, despite the achievements articulated here, as the ANC we are conscious that both higher and basic education have not evolved to the desired level, hence education is our government’s number one priority, consistent with the definition adopted at our 52nd conference in Polokwane. Thank you. [Time expired.]

Mr D GRANT (Western Cape): Chairperson of the NCOP, hon Mahlangu, hon Minister Nzimande, the hon Motshekga, the Northern Cape MEC Cjiekella hon members, ladies and gentlemen, we welcome today’s debate on enhancing the culture of learning and teaching in our schools for better education outcomes.

Our national pass rate has dropped by 13% since 2003 and our literacy and numeracy levels are way below the international standards. This is an indication that the current education system as well as the culture of learning and teaching are not properly entrenched and that education in South Africa is in crisis.

One of the primary reasons for this is that the rights of learners have all too often come a distant third in order to protect ideological considerations and other educator rights. However, in the Western Cape, we are determined to put the rights of learners above any consideration. Every action, policy or strategy we adopt is guided by this principle.

If South Africa is to succeed, we simply cannot afford to fail the millions of young learners in this country who are desperate to obtain a quality basic education or enhance their future opportunities. It is within this context that the DA administration in the Western Cape has adopted a range of measures which will enhance the culture of teaching and learning in our schools. This puts the rights of approximately one million learners first and ensures that they receive a quality education.

Despite the fact that the Western Cape has the best education system in the country, we have made a bold commitment to improve our educational outcomes, setting specific targets for 2010, which include an improvement to 80% in the Grade 12 pass rate; an increase in the number of learners who are writing their examinations; and a reduction in the number of underperforming schools from 85 to 55. We are planning to have reduced this number to zero by the year 2014.

These are bold but necessary targets. Until yesterday, we were the only province in the country that had set such specific targets in education. I’ve just learned that the department of education in KwaZulu-Natal has released its own targets. We welcome their commitment to improving education in their province. I’m looking forward to reading their plan and discussing their strategies, as I shared with MEC Cjiekella in Kimberley a few days ago.

While we realise that there is no quick fix in education, we believe that these targets are achievable with dedicated and targeted planning and support. A number of practical management interventions have already been put in place in the Western Cape to help in achieving these targets.

These interventions include the implementation of a detailed turnaround strategy to improve the Grade 12 results; improving literacy and numeracy outcomes by directing maximum human and capital resources to the first three years of schooling; and a management plan to conduct diagnostic tests to measure the literacy and numeracy competency of all three grades, namely Grades 3, 6 and 9 learners. The tests will take place on one school day between 8 November and 19 November 2010. This will allow us to identify problem areas and to take effective and timeous remedial action.

Increased levels of accountability and performance of officials and principals have also been introduced. This is in the performance contracts for head office staff and district officials who are directly linked to learner outcomes - a first for any administration. It will ensure time-on- task by limiting the amount of training and the number of seminars and other functions that take place during school hours. The Western Cape department of education has ensured that at least a month’s notice of training opportunities is given and has built in safeguards to ensure that such training will take place outside school hours or on weekends. The department has also reacted swiftly and firmly to any attempt to disrupt schooling, such as at Ludwe Ngamlana Primary School in Khayelitsha. We will not under any circumstances allow education to be abused in the pursuit of a political or any other agenda. I would like to thank the national Minister for her support in this regard.

Yesterday, the provincial cabinet approved the Western Cape education department’s request to publish the draft Western Cape Provincial School Education Amendment Bill for public comment. This Bill provides greater powers for school inspections; regulates and renews the functions and powers of the provincial education council; makes provision for the inspection of schools to monitor performance and compliance; and further restricts the presence of alcohol, drugs and firearms at our schools.

An innovative plan to address infrastructure backlogs was also presented earlier today at a press conference. This plan provides for a number of short- and long-term interventions and includes the building of 12 new additional schools and 200 classrooms, as well as allocating 126 mobile classrooms, which will be rolled out among 75 schools before the end of the second term on 11 June 2010.

This plan will help alleviate school overcrowding and improve the overall state of our school infrastructure. These are but a few of our interventions that we have achieved thus far and it is safe to say that at the forefront of most of these interventions is the learner.

However, it is only through a sustained, focused and systematic approach that we will achieve the stated targets of improved learner outcomes. There is no doubt that a new wind is blowing through education in the Western Cape as well as the country. There is a great promise of a better tomorrow for all learners, giving a real life to our vision for an open opportunity society for all.

Ms B V MNCUBE: Chairperson, hon Minister of Higher Education and Training, Minister of Basic Education and all protocol observed, this year the Gauteng department of education will focus on improving learner performance in schools. Both President Zuma and Premier Mokonyane have stressed that improving the outcomes of our education system is central to providing decent work and developing our economy.

The President and our premier have made it clear that by the year 2014 we need to ensure that learners leave primary schools being able to read, write and achieve in basic mathematics, and that our matric pass rate needs to improve, with a higher percentage of young people achieving a university entrance.

The Gauteng department of education has, for the past few years, sought to improve learners’ levels of achievement in numeracy and literacy. While some progress has been recorded, particularly as regards the number of learners in schools in disadvantaged communities who study maths and science, the goals of quality teaching, learning and achievement in these critical subjects have not been achieved.

In line with the national priority to improve maths and science education, the Gauteng department of education has developed a revised comprehensive maths, science and technology education improvement strategy. This maths, science and technology strategy is the result of wide consultations with school principals and teachers, departmental officials, universities and local experts in maths and science education. Their collective experience of what to do and, importantly, what not to do has resulted in a realistic and feasible approach to the task.

The intervention is multifaceted and includes formulating strategies for teacher preservice and in-service education and training. Secondly, we will focus on the role of resources in improving the quality of learning. This includes the improvement of infrastructure, appropriate fixtures and fittings and equipment and quality learning support materials. Thirdly, we will implement a sustainable strategy for improving learner achievement through holiday camps and weekend classes. Fourthly, we must build the capacity of the system - schools, district and head offices - to ensure that quality learning is effectively managed and takes place optimally.

With regard to literacy, government research has shown that the majority of learners in the Gauteng province are not able to read or write at the levels required by the national curriculum. Targets have been set by the Presidency and the department of education specifically, that by the year 2014 60% of Grade 6 learners in Gauteng will be at or above the national literacy achievement standard.

To accomplish this, the Gauteng primary literacy strategy is built on four pillars: annual external assessment of all Grade 3 and Grade 6 learners; the provision of high-quality literacy textbooks and workbooks, readers and teacher guides for all learners in 790 underperforming primary schools; the provision of learner support and the improvement of district and school management of primary literacy practice.

In terms of support to learners, the strategy includes a social marketing campaign to encourage parents to read to their children in the home and support their children’s reading and writing homework; the co-ordination and alignment of the work of the literacy NGOs in the province; and the development of primary school libraries in 790 underperforming primary schools in the province.

Various tests, locally and internationally, show that our learners are failing numeracy and literacy. About 28% of Grade 3 learners pass literacy and about 44% have numeracy skills. This improves slightly in Grade 6, with an average of just below 40% of learners with language skills and just over 50% able to do maths.

If we hope to develop the skilled workforce needed to grow the economy of the country, we need to improve learner performance throughout the education system, especially in the foundation phase.

There are a number of factors, both learner-related and institutional, that result in poor learner performance. Learner-related factors include inadequate curriculum management and coverage during the year; ineffective school-based systems for monitoring curriculum delivery; a lack of standardised lesson plans, practical assignments and tasks; and a quality of teaching and assessment that is not optimal.

Institutional factors include learner and educator discipline, school safety, poor hygiene, cleanliness of infrastructure, poverty and social deprivation.

Last year we developed a five-year strategic plan from 2009 to 2014 to achieve better education outcomes. This plan is based on the following four pillars: ensure that Gauteng has effective schools and learning institutions; Gauteng department of education head office and districts to provide relevant, co-ordinated and effective support to schools; enable young people to make the transition from school to further education and/or work that provides further training opportunities; and strengthen partnerships with all stakeholders, resulting in education becoming a societal priority.

The new approach to science, maths and literacy aims to give concrete expression to ensuring that our schools are effective learning institutions and that our head office and districts provides relevant and appropriate support to schools.

Obviously, none of these will be possible unless we build effective community partnerships to make sure that President Zuma’s non-negotiable, of teachers and learners in class, learning and teaching for seven hours a day, is achieved.

A province-wide Back to School campaign has helped to get education off to an early start in our province and to deal with the inevitable challenges of late registration of learners and overcrowding. Our department would like to thank the many public representatives, community members and the private sector for visiting schools throughout the province and contributing so generously to cleaning and repairing our schools. Your efforts have inspired us and given us hope.

Next month our department will host a meeting of faith-based organisations to discuss ways in which this important community can assist in entrenching the culture of learning and teaching in our province and deepen the involvement of parents and community members in their children’s education. We also see this as an important way in which the faith-based sector will be able to offer pastoral support to schools affected by violence. Such partnerships have already been running on a pilot basis in Merafong, Eersterus and Boipatong.

To help learners access opportunities to further higher education, we have already issued over 350 of the 700 bursaries we have committed to matriculants from quintiles 1, 2 and 3 schools. This brings to almost 4 000 the number of learners on Gauteng provincial government bursaries in higher education institutions.

We will continue to link 2 000 other learners to educational opportunities and provide them with financial support. We are getting eight learnerships in Gauteng co-ordinated through the Gauteng City Region Academy in areas including artisan training, ICT training, co-operatives, heritage learnerships, creative industries and the auto industry.

Training in specific areas includes traffic officers, office administration, human resource management, construction, motor mechanics, information technology, boilermaking, electrical, welding, plumbing, fitting and turning, social auxiliary work and child and youth care.

This year we will begin a series of roadshows throughout the province, targeting learners in Grades 8 and 9 to ensure they have timely information about matric subject choices before they go to Grade 10. I thank you. [Applause.]

Mr J J GUNDA: Chairperson, hon Ministers, hon MECs, hon members, ladies and gentlemen, allow me to quote what the former President Nelson Mandela said:

Education is the great engine of personal development. It is through education that the daughter of a peasant can become a doctor, that the son of a mineworker can become the head of the mine, that the child of farmworkers can become the president of a great nation.

I want to quote something else that former President Mandela said:

There can be no keener revelation of a society’s soul than the way in which it treats its children.

Opvoeding en dissipline moet nooit agterweë gelaat word nie. Dit moet nooit vergeet word dat opvoeding en dissipline ná aan die hart van elkeen van ons mense is nie. (Translation of Afrikaans paragraph follows.)

[Education and discipline should never be neglected. It should never be forgotten that education and discipline are dear to each one of us.]

We need to invest in our youth to ensure a skilled and capable workforce to support growth and job creation.

The ID slams the Department of Higher Education and Training for failing to spend nearly R200 million of its National Student Financial Aid Scheme, NSFAS, budget over the past years. It is outrageous that in a country where tens of thousands of young people lack the financial resources to pursue further education, thousands of them are unable to access government funding. This is a massive contributing factor to the serious lack of skills among our youth, and therefore to the 70% youth unemployment rate, which continues to render them powerless in our economy.

The NSFAS has largely blamed universities and colleges for the unspent R89,3 million in 2007 and R95,5 million in 2008, saying that they only reported back on the use of funds late in the year, making it difficult to spend the remaining money. The NSFAS also blamed the shortage of suitable candidates for loans.

The ID remains unconvinced that there is a shortage of suitable candidates for the loans and we call on the Minister of Higher Education and Training, Blade Nzimande, to improve information about access to the NSFAS.

We also call on the Minister to lengthen the NSFAS application period from two weeks to three months to give students ample time to apply. Those responsible for distributing NSFAS funds must be held accountable for unspent money because the youth are suffering the consequences of their actions.

The ID supports Minister Nzimande’s ordering of a national review into the way money is allocated for bursaries. We support all efforts to prioritise enrolment of more previously disadvantaged students in universities and colleges. However, NFSAS funds should also be prioritised towards those students wishing to enter the areas of studies most urgently needed in our economy.

Minister of Finance Pravin Gordhan’s first national Budget sees the release of the first budget for the new Department of Higher Education and Training. From April this year the Department of Higher Education and Training will have its own budget and South Africans will be looking at the department to start delivering. The upcoming financial year will see R32 billion allocated to this sector of education, with R19,5 billion to universities, R3,9 billion to FET colleges and R168 million for skills development.

Allow me to say the following:

Dit is goed en wel om teoreties te beplan. Die uitvoer van werk en om toe te sien dat die werk uitgevoer word, is egter van kardinale belang. Die department moet kan monitor en evalueer wat regtig gebeur. Hoe kan ’n onderwyser aan 38 tot 40 kinders in ’n klas persoonlike aandag gee? By ’n primêre skool, Vela-Langa in Paballelo, is daar 73 kinders in graad 1. Wanneer gaan daardie onderwyser by almal kan uitkom?

Die betrokkenheid van ons ouers by die voorheenbenadeelde skole is glad nie na wense nie. Ons ouers moet meer belangstelling toon in die opvoeding en ontwikkeling van hul kinders. Die department moet toesien dat daar reg begroot word vir ons skole, sodat daar ook regte fasiliteite by ons skole kan wees. [Tyd verstreke.] Ek dank u. [Applous.] (Translation of Afrikaans paragraphs follows.)

[It is all very well to plan according to theory. However, carrying out work and ensuring that the work is carried out are of the utmost importance. The department must be able to monitor and evaluate what really happens. How can a teacher give individual attention to 38 to 40 children in a class? At Vela-Langa Primary School in Paballelo there are 73 pupils in Grade 1. When will that teacher get to everyone?

The involvement of our parents at previously disadvantaged schools leaves much to desired. Our parents have to show more interest in the education and development of their children. The department must see to it that proper budgeting for our schools takes place in order to have proper facilities at our schools. [Time expired.] I thank you. [Applause.]]

Ms D Z RANTHO: Chairperson, hon Ministers, MECs and members, all protocol observed, South Africa’s education system has made a lot of progress in prioritising programmes and policies in accordance with the transformation agenda of the ANC.

Since the 1994 democratic breakthrough, significant legislation and policies have been implemented to promote access to education in line with the Freedom Charter. These achievements follow the Freedom Charter’s guiding clause, which states that the doors of learning and culture shall be opened. This clause has been an inspiration during student-life struggles, classroom politics and the yearning for a better education system.

The adoption of the democratic Constitution had a major impact on the area of education and training, quite likely entrenching the human rights doctrine. Subsection 1 of section 29 of the Constitution states that everyone has the right to basic education, including adult education. This section also states that everyone has the right “to further education, which the state, through reasonable measures, must make progressively available and accessible”.

Furthermore, a provision of this section states that in order to ensure the implementation of these rights, the state should take equity into account and redress the legacy of apartheid. This provision recognises that the right to access quality education might not be enjoyed by children from disadvantaged backgrounds, particularly if certain sections of society seek to treat education as a commodity whereas this section places education as one of the basic needs. However, socioeconomic inequalities seem to place constraints on this right, which is enshrined in the Constitution.

The education policy debate should be located within the social structure and practice in various institutions such as schools, the family, the community, the Department of Basic Education, the business sector and organisations or bodies. It is at the community level that the position of schools can be understood and advanced in society. This relates to an education alliance that includes community involvement in transporting the learners, the role of women’s co-operatives in producing school uniforms, the empowerment of the community, and the strengthening of local education and training units, which include teachers and learners. There is a need to strengthen management capacity to ensure working districts and schools. This entails bringing in management capacity from the private sector, civil society and elsewhere in the public sector.

There is a need to develop a social compact for quality education. This will include a national consultative forum dedicated to clarifying the non- negotiables and performance targets to key stakeholders, and the monitoring thereof.

The mobilisation of communities at all levels should be encouraged to raise awareness of and participation in education issues. Examples include graduates assisting their former schools; corporate social investment; ANC branch campaigns to clean up schools and support food gardens; and encouragement of young graduates to enter teaching. As was said, “Teach South Africa”.

Schools can be useful resources for the surrounding communities. This relates to the possible sharing of resources, sports facilities and joint events. This partnership between schools and local community structures will build trust and a sense of ownership. Furthermore, it will eventually prevent school vandalism, violence and crime.

The following issues also need to be looked into in the context of community activism. One of the issues relates to the issue of no-fee schools, which has been a bone of contention. The way in which it is applied is not satisfactory in certain areas. Other concerns relate to other issues like the issue of teacher training; the renewal of powers of school governing bodies, which is crucial; discrimination against children on language grounds; and the issue of the education of the girl-child.

We also need to seriously look into the issue of combining the idea of nutrition with a basic health service in schools. Part of the problem is too much focus on the nutrition side without looking at the effects of ill health. Certain diseases can be taken care of quite easily with the right medical attention.

The issue of HIV and Aids in schools is one of the major challenges to all South African schools. In this regard the Constitution guarantees the right not to be unfairly discriminated against, the right to life and bodily integrity, the right to privacy, and the right to a safe environment in the best interests of the child.

There is a need to strengthen awareness, skills, values and attitudes in order for educators and learners to uphold the behaviour that will protect them from infection and to support the infected and affected.

Parts of the awareness programmes to be strengthened include HIV and Aids testing, admission and/or appointment of educators, the right to attend any school and the prevention of HIV and Aids transmission during play and sport.

The ANC election manifesto seeks to reduce the rate of new HIV infections by 50% through vigorous prevention campaigns. There is a commitment to accelerate health care for millions in schools. In order for this goal to be met and sustained, resources are required.

Azikho ke izixhobo ezikolweni zethu, Mphathiswa obekekileyo. Izikolo ezininzi zabantu abamnyama azinazo izixhobo ezaneleyo zokulwa ezi zifo. Mhlawumbi singatsho ukuba sibethwe lixesha esisuka kulo, ixesha localu- calulo. Kodwa ke, loo nto ayithethi ukuba asinakho ukwenza nto. Sasiqhele iziko elivuthayo localu-calulo, saloyisa. Asinakho ukoyiswa leli iziko. (Translation of isiXhosa paragraph follows.)

[There are no resources in our schools, hon Minister. Many African schools do not have enough resources to fight these diseases. We might put the blame on our past, the apartheid regime. But that does not mean something cannot be done. We were used to the hostile environment of the apartheid regime, which we defeated. We cannot be defeated by this environment.]

With regard to the rural farm schools and transport infrastructure …

… luthutho lwabantwana olungenzeki ngendlela eyiyo nolusidla kakhulu phaya ezilalini olu sithetha ngalo. Kodwa loo nto ayithethi ukuba asinakuba nabo abantwana abapasayo esikolweni. Sinawo umzekelo obonakala kakuhle eFreyistata. IFreyistata ineefama kodwa ikwazile ukwenza u-100% wezinga lokupasa kulo nyaka uphelileyo, u-2009 lo sisuka kuye. (Translation of isiXhosa paragraph follows.)

[… we are talking about the transportation of schoolchildren in the villages, which is not functioning well. However, that does not mean we cannot have learners who are doing well at school. We have a good example in the Free State. The Free State is a farming province but it managed to achieve a 100% pass rate last year.]

The ANC election manifesto argues that by 2014 all schools should have basic infrastructure such as water and electricity because this can have an impact on education outcomes. It is possible to meet this challenge through the comprehensive rural development strategy to ensure that rural development is linked to the education system to promote an integrated system. Xa singasebenzisana singenza lukhulu. [Working together we can do more.]

Government should strengthen the transport system to ensure an effective and developed infrastructure. Farm schools and village schools could benefit from a comprehensive rural development strategy that attracts and retains skilful teachers, as revealed by the joint media statement of the teachers’ unions. Discipline, professionalism and efficiency need to be encouraged in schools.

With regard to the state of the school governing bodies, SGBs, the SA Schools Act, Sasa, prescribes different but interlocking roles for school governing bodies and school management teams, SMTs, in the interests of the school. However, there have been tensions between school governing bodies and school management teams, due to perceived role overlaps in implementation of Sasa provisions.

Enhancing the culture of learning and teaching requires several interventions ranging from the provision of infrastructure to learner and teacher programmes to create safety at schools. Section 8 of the SA Schools Act of 1996 compels the governing body of a school to adopt a code of conduct for learners. In support of teachers, the department released examples of codes of conduct to schools and provided training and further guidance on alternative forms of discipline.

There is a need to strengthen the regulations for safety measures that focus on the safety of learners within school premises, particularly at public schools. Such measures also accommodate school tours and sporting activities.

The regulations will, among other things, ensure the following. Firstly, public schools must take reasonable measures to ensure that the safety of learners during tours and sporting activities includes insurance against accidents. Secondly, learners and educators who lead a school tour are not allowed to carry drugs, alcohol or weapons.

The ANC’s national executive committee, NEC, January 8 Statement addresses the various state of the province addresses and demonstrates continued commitment to addressing some systematic challenges and the need to strengthen partnerships between schools and local communities. The 2009 matric results have confirmed these systematic challenges. In the area of the community, education partnership … [Time expired.]

The HOUSE CHAIRPERSON (Mr R J Tau): There is that watch there. I’m just urging the members to use it; it is very effective in managing your own time. Hon Mashamba, you may proceed with the debate.

Mr G MASHAMBA (Limpopo): Chairperson, hon Ministers and hon members, I come from Limpopo with the mandate to participate in this national debate and discussion on enhancing the culture of learning and teaching. I was mandated not to engage in politicking on education. I think that we have long since passed the stage where we talk about provincial issues as if we were a federal republic. We are a unitary republic, so we can’t have more than one vision for our education system.

We took the approach that a healthy mind in a health body is equal to a healthy school and a healthy community. So, while it is important to look into the issues relating to the internal processes of our education system, it is also important to take into account the communities in which we find our schools.

As a result, we have noted that we do not – in our province at least, I do not know about the other provinces – as yet have adequate facilities for our schools.

We have noted one anomaly, which the MEC has probably pointed out, namely that whilst we are busy building state-of-the-art schools, there are, at the same time, kids who are still studying under conditions that are not desirable.

We find that because of the approach which we adopted, some of the schools we have built, even the ordinary schools, are collapsing. So we need to determine what needs to be done there.

I come from a rural province. We have found that there is a factor unique to our rural schools. It is that our children are not able to do their homework properly because Eskom has the tendency to provide electricity with a low voltage. This means that the poorest of the poor must actually upgrade their electrical hardware in order to make it possible for their children to do their homework.

Our roads infrastructure also needs to be taken into account because sometimes, if it rains in certain areas, kids are not able to go to school. That has an impact on their educational progress. We have also come to realise that the call for free and compulsory education is important, precisely because that will relay the question of patriotism. A child who was brought up and sent to school by his country, by the state, is likely to be grateful to the state and the people of the country, as compared to the child who was sent by a struggling mother or uncle. So the whole question of free education will actually have an important impact on the wellbeing of our country.

We also looked at the question of educators. We realised that while it is important for teachers to be au fait with their subject matter, the good teacher is one who does not only know the subject matter but also knows the community from which the students and the children come. This enables that teacher to understand the difficulties the learners encounter in the educational system.

We also noted that it is important for us to make sure that the department that deals with supplying water co-operates with the education department. For instance, at the school we built in Phalaborwa, there was no co- ordination with local government. The school cannot operate because local government says that it did not know that a school would be established there. So our intention in the future is to have better co-ordination with our local government.

On the language issue, we have come to realise that while it is important for students in the lower grades to learn in their mother tongue, we think that that is not sufficient. We must point out to our education department – I hope that this is their terrain – that there is nothing wrong with copying from the past. For instance, when the National Party came to power, it made sure that it did not reinvent chemistry, physical science, mathematics and so on. What it did was to translate all those textbooks into Afrikaans.

We do not see why these subjects cannot also be translated into our own languages. We should have a structure that deals with this so that we are able to go forward with our own languages. Our own languages should not be used as the language of learning only at the primary level.

We are also saying that we have too much policing in schools. It is not the way to go. We are not saying that it should not be there, but rather that it is necessary to heighten the social consciousness of communities instead, so that they are able to appreciate the importance of community.

We think that this can only be done if communities – not only students and teachers and so on – are organised. In this way we can make sure that our communities understand the importance of education.

We would also like to see adult education intensified in our province. These days, schoolchildren are given very difficult tasks to complete. It is difficult for children from a village because they lack not only material infrastructure but also human resources. Their parents – in many cases just the mother because the father is working either on the farms or the mines – are illiterate, as are so many of the people in the countryside. Some of the tasks that these learners are asked to perform require somebody who is actually au fait with the subject. So it is also important to understand the need for adult education in that light.

We think that it is important for us to guarantee better access to finances for our students in higher education. Not every rural village parent in my province will understand the dynamics of higher education. If the various provincial departments of education can take an interest in and take responsibility for following up on students who pass at the end of a year and make sure that they link them up with state resources that are available, they will contribute a great deal in making sure that our children access the funds that are available.

We have also seen that it will be important for us to redefine what we mean by the term “parent”. When talking about the role of parents, we should say that a parent is not necessarily the blood parent of a child; it can even be somebody who is standing in loco parentis. In our communities we find that there are many retired people who are knowledgeable about education, but because they do not have children at school it is difficult for them to participate directly in schools. Yet those people who have children at school are not au fait with educational matters.

On the issue of feeding schemes, we feel that it is important to monitor what happens at our schools, especially our primary schools. At one of the schools we visited, we were told that according to the norms and standards guidelines of the education department, learners do not get meat. When we asked the feeding scheme people why this is so, they said it is specified in the menu from the department. Well, we approached the department and we were told that that was not the case.

We are happy that our province intends making sure that kids who go beyond primary school on to high school should also be provided with meals. A child does not suddenly become rich when he finishes primary school. Even learners at high schools in our communities do need food to be provided.

There is also the question of the ideological environment within which education takes place. Our TV, radio and print media promote the idea that they are very helpful in making sure that our children not only become skilled but also get moulded into useful citizens. However, when you watch TV, listen to the radio or read our newspapers, you find that the ideas are not helpful in building our young people into critical citizens of tomorrow. We hope that our education system is not there just to produce people who will go and sell their labour in the market; we hope that our education system will produce useful citizens.

We think that our education system should also produce politicians like us here, who, tomorrow, should provide the necessary environment within which our society can operate. Because if we don’t have credible politicians, we will have a country that is run by those who make everything unstable.

I mention this now because in Limpopo, where I come from, it is disheartening to find that where student formations no longer function according to political ideas – maybe ideas from different political parties – the ethnic element is coming back. There are Zulu, Venda and Tsonga students’ associations and so on. That, I think, is a recipe for disaster. Tomorrow we might end up having warlords all over the place, defending ethnic entities.

That is coupled to the tendering processes. We said that our schools are collapsing because, firstly, people who are awarded tenders do not do proper work. Secondly, because of the element of ethnicity, what will happen is that everybody will make sure that they do their level best to push their own narrow interests. That, in turn, may also strengthen ethnicity.

In order to address this situation, I think it is important for politicians to make sure that they make the population aware of the seriousness of education.

Insofar as internal processes are concerned, I think we agree with other provinces about what should be done at schools. Thank you.

The MINISTER OF HIGHER EDUCATION AND TRAINING: Chairperson Baba Mahlangu, Minister Motshekga, MECs, hon members of the NCOP, ladies and gentlemen, it is indeed an honour to participate in this debate.

The CHAIRPERSON OF THE NCOP: Excuse me, hon Minister. Yes, hon Sinclair?

Mr K A SINCLAIR: I’m sorry to disrupt the hon Minister, but in terms of the speaker’s list we have, the hon Plaatjie, is supposed to be speaking now.

The CHAIRPERSON OF THE NCOP: Thank you, hon Sinclair. There was an agreement that the speakers’ list would be changed, and a new speaker’s list has been submitted to members. We will call Mr Plaatjie. Thank you very much. Hon Minister?

The MINISTER OF HIGHER EDUCATION AND TRAINING: Thank you, Chair. It wasn’t my intention to come and steal anyone’s time today. [Laughter.] I was merely summoned and told when I would speak, so my apologies for the inconvenience to the hon member. We’ll sort it out over tea one of these days.

Chairperson, thanks for your leadership in calling for this debate and discussion, because we know you for your passion to serve our people and, in particular, your passion for education. Let me take this opportunity to start by giving a short report to the House.

A few weeks ago the 2010 registration process that started the academic year at our universities, universities of technology and colleges was completed. For our fledgling department there were many lessons to be learnt from this period, particularly relating to the challenges facing students and institutions.

It is clear to us that there are no quick fixes and that many of these challenges cannot be addressed in the short term. We want to be upfront about that. We need to take into account that the higher education sector has grown significantly over the past 15 years, as there has been a significant increase in the intake of black and particularly female students, mostly from disadvantaged backgrounds.

As a matter of fact, over the past 10 years female students have come to constitute the majority of students at all universities in the entire system. [Applause.] While this is a welcome development, we have become victims of our own success, because the infrastructure has not actually been able to keep up with the growth and increase in access.

I am pleased to share with you that we are, nevertheless, undertaking a number of measures to ensure that some of the fundamental problems besetting the higher education system are addressed and overcome.

When we conceptualised this department it was with the vision of a truly comprehensive and differentiated postschool system conjoining the education and training sectors. Allow me to emphasise this. We’re trying to build a differentiated and flexible postschool system - not necessarily postmatric

• to actually cater also for those youths who may not want to go back to school, but require opportunities. That is where we are trying to anchor the paradigm of this new Department of Higher Education and Training.

This is not only about access to postschool opportunities for the youth, but for adults as well. For this evolving system to meaningfully contribute to the lives of individuals, to the economy and to broader society, we are striving to ensure that all the work of our department is understood by addressing key interrelated issues which we want to mainstream into our postschool system. This includes addressing HIV and Aids, making sure that we respond to the needs of the disabled; and addressing the class, race and gender contradictions in South African society.

The primary goal of this administration is to improve access and success for particularly poor and rural students by moving from a racially elite system to a more inclusive system. Elements of this racial and class- defined system include low participation rates; distortions in the shape, size and distribution of access to education and training; and quality and inefficiency challenges in the system and its subsystems in the institutions.

It’s important to emphasise this, especially the issue of access and success, because as things stand now statistics on hand show that 48% of the students who are supported by the National Student Financial Aid Scheme actually drop out of university - they don’t finish, they don’t complete their studies. So it is important that we do not just emphasise access, but also emphasise success in the system.

While government has made great strides towards redressing the apartheid legacy, many thousands of young people still bear the brunt of entrenched policies and practices designed to preserve privilege. This obviously has to change. While we worked to achieve a smoother registration period this year, a range of problems were encountered, from financial and academic exclusion to financial aid and accommodation shortages. As a department we set up a task team to monitor the 2010 registration process, and it was mandated to intervene in the event of upheavals on campuses. Allow me also to say that for the beginning of the 2011 academic year, I would really like to see hon members of the NCOP going out with us and visiting universities and FET colleges during the registration period, so that we can, for ourselves, have first-hand experience, especially of what happens during this period.

Ahead of and during the registration period, we met with various student formations and with Higher Education SA, which represents the vice- chancellors, and agreed to work together to address immediate challenges, as well as to seek long-term systemic interventions to ensure greater access, particularly for financially needy students.

One of the things we agreed on was that no academically deserving but financially needy student should be excluded from accessing a place in a college or university, in particular. [Applause.] In order to facilitate this as a department, we asked the NSFAS to advance registration fees for those students who qualified for NSFAS assistance. This is because the problem before was that a student qualified for NSFAS aid but had to pay R3 000 to R5 000 upfront; and poor students cannot afford that. I wish to say to members that any university that excludes a student who qualifies for NSFAS assistance on the grounds that that student has not paid registration fees will now actually be breaking the law in many respects.

Unfortunately, 23 universities had committed themselves to taking advantage of this upfront payment, but only 12 institutions took up the offer for the 2010 academic year, to the value of R180 million, to cover registration fees. Briefly, reports from the task team reveal some of the things that we know.

In some instances there was a lack of communication, for example between the stakeholders, students and university management. Sometimes there was no co-ordination between the various units of a university, like the finance section not co-ordinating with the faculties or financial aid offices.

A case we dealt with at one stage was of a student who got five distinctions in matric and was actually admitted to a university by the faculty, but when he went to the financial aid office they said they were no longer dealing with the first-years; that they had finished dealing with them the day before, and that he was no longer going to get anything. This student is an orphan, by the way. So the faculty office admits the student, but the financial aid office excludes the student.

These are some of the problems, and there are a lot of them. I do not have time to go through all of them, but the reason we are raising these things and reporting to you is to call upon our institutions, colleges and universities in particular to please treat applicants with care and humanity.

I want to raise this very sharply with the chairpersons of the university councils, particularly during the stressful opening registration period. I want to say, “You must treat students with care”. Some of these universities got irritated - we had a lot of calls, because we had a dedicated phone line - when we approached them. It was as if we were harassing them. We want to say to them that this Zuma administration is a caring administration; no problem is small. [Applause.] If the President has a hotline, why can’t each university create an office where complaints can be lodged for the institution to deal with?

We are saying this because we personally went to many institutions. We also wish to say that whilst we understand some of the frustrations faced by the students, we strongly condemn the violence and destruction of property that occurred during some of the protests, especially at the Tshwane University of Technology, the Mangosuthu University of Technology and the University of Zululand – and that’s two institutions in KwaZulu-Natal. We don’t want to give that province a bad name.

We encourage engagement rather than violence, which serves no purpose. We are determined to use this experience in order to address the larger systemic issues. For example, the NSFAS review committee report is now with us as a department, and we are studying it. It’s a very interesting report. We will be releasing it for public comment next month, and we invite the House to also provide a platform to respond to those recommendations which, by the way, also deal with some of the matters that were being raised by the hon Gunda. I’m very happy that you focused on higher education.

We are equally concerned about NSFAS unspent monies. But some of the reasons for this are ironic, because they are owing to a lack of capacity at some of our former black universities. Ironically, where the money is needed most, there isn’t enough capacity to be able to administer it. Another reason is the dropout factor: students who drop out midway and whose allocations therefore have to be returned. So we are looking at all those things and we are quite confident that we will be able to deal with them.

Let me use this opportunity to address the issue of transformation. This also affects the question of how NSFAS operates. For instance, most universities give only about half of the amount that the students want. As a result, we are sitting with just under R3 billion in student debt owing to universities. This NSFAS report will assist in telling us what we can do in order to address this in order to make sure that poor students do not have these kinds of stresses and are able to concentrate on the one thing that they go to university to do, which is to study and pass. We are convening a higher education summit next month, which will be opened by the President, bringing all the stakeholders together. We have never done this before. This summit will bring together trade unions, management and university councils in order for us to agree on what we mean by transformation and what the challenges are and, it is hoped, emerge with a charter. We want to feed all these matters into that process.

Related to this, by the way, is another challenge for our department. ``Postschool’’ must not only mean university. That is the problem we have at the moment - that some children who don’t get matric exemption, which we do want them to get, even commit suicide because they see no other way out. That is why we are going to grow the FET college sector from the current 420 000 students to at least one million students, if not more, by 2014. [Applause.] We will elaborate on these things when we table our strategic plan for 2010 to 2015 and when we have our Budget Vote debate in this Parliament.

Let me end by saying that one of the most important things, which was not announced this week, is that we are forming the Quality Council for Trades and Occupations to actually recognise and accredit workplace training, which is normally not properly recognised.

I would also like to end my speech by saying that this House is very important to me and to us, because you are actually closer to where these colleges and universities are. There’s no place that is national, because institutions are located in particular areas. So please be partners with us. Thank you very much for inviting us. Siyabonga. [Applause.]

The CHAIRPERSON OF THE NCOP: Thank you, hon Minister. Now, hon Plaatjie, you are the most important person to come to respond to the debate of the Minister. [Laughter.]

Mr S H PLAATJIE: Chairperson, allow me to start this debate by borrowing words from a famous actor, Michael J Fox, who said, and I quote: I am careful not to confuse excellence with perfection. Excellence I can reach for, perfection is God’s business.

At times we import models and ready-made curriculum solutions without much considering our own situation. In pursuit of the solution to the problem of the culture of learning and teaching in our schools, we need to start from the basics. Beyond the technical support, which most of the speakers have alluded to, for example school fees, bursaries, learner transport, etc, the prerequisite for a culture of learning is the mastery of vocabulary. This is the long and short of the matter.

Where there is a severe vocabulary deficit, the culture of learning is seriously undermined. If the department wishes to enhance the culture of learning and teaching in our schools, they must pay particular attention to vocabulary. It is the foundation on which the educational superstructure rests. Where there is no foundation, the building collapses. In business it is a lack of capital that restrains the entrepreneurs. However, in education it is lack of vocabulary that impedes and frustrates learners.

In most cases, the South African curriculum dictates that children need to acquire a mother tongue and, thereafter, English for educational and commercial reasons. Many children are defeated here. Learning one language is hard enough. To master two languages poses a very steep challenge. The culture of learning in South Africa generally flourishes in the little pockets where families are better resourced and where children have access to literature. It also flourishes where they are exposed to good spoken language.

Cope is advocating an activist state. In an activist state, the state actively supports the development of community leaders and cascades bureaucracy so that all efforts to tackle the problems can be joined at the local level.

The present government is relying only on the top-down mechanism and is, therefore, failing. Cope would have removed VAT on books for children and encouraged nonprofit companies to produce easily accessible literature for children. If the problem of vocabulary is solved, the problem of enhancing the culture of learning and teaching will be resolved.

Let me come to the problem of funding poor learners in higher education. Every week this government is embarrassed because whatever is meant for the poor is grabbed by those who are already wealthy within that circle that is close to government.

Cope agrees that we should create support for the poor, but we insist that total transparency should prevail. According to the Sowetan a few weeks ago, in Mpumalanga an MEC, Pinky Phosa, pressured her head of department to award her future son-in-law a bursary. Has the government acted on this? Why are wealthy learners always prioritised?

In the activist state that Cope envisages, ordinary people will have a great deal more power than at present. We are committed to a state where people shall really govern and where people will be active in their own cause.

In conclusion, I will address the question of teaching. Cope insists that colleges of education be reopened; teachers’ certificates be upgraded at least after two years; and every classroom must have immediate access to the Internet so that they are able to facilitate teaching and learning.

We have lost 16 years. We owe it to Madiba to create a golden republic and not to slide towards a banana republic. I thank you. [Applause.]

Ms G CJIEKELLA (Northern Cape): Chairperson, hon Ministers, MEC Grant and hon members, Hannah Arendt said that education is the point at which we decide whether we love the world enough to assume responsibility for and by the same token save it from ruin. Furthermore, through the education we provide we can decide whether we love our children enough to prepare them in advance for the task of renewing a common world, or whether through our failure to provide them with educational opportunities we expel the children from our world and leave them to their own devices by striking from their hands their chances of making something new, something unforeseen by us.

These words were said by a famous educationist, one Hannah Arendt; and they could well have been said to all of us seated here today about the situation with regard to higher education in the Northern Cape.

Education is an investment for the future. It is a delivery system that transfers wisdom, culture, norms, values, expectations and the vision of one generation to the next. It is through education that the development of our human resource capital, which is so critical in our country and in our province at this point, can be enhanced, thus making it possible for us to fight and defeat poverty and adequately redress past inequalities and discrimination.

It is against this background that we have embarked on a path to advocate for the establishment of a university in the province. Amongst the main aims of this drive is a desire to develop innovative and critical thinkers, producers and users of knowledge with the capacity to shape the future of our province, our country, the whole of Africa and the world at large.

The recent global recession made it blatantly clear to many of us that the success of our country depends on the innovativeness of our people rather than on the abundance of labour or its natural resources, as was evident with our major banks in the country.

We need to continue to develop a critical mass of human resources possessing skills that are required to compete favourably in the global economy. That is the surest way of building a strong economy that is growing and sustainable, and capable of creating the jobs we need to drastically alter the socioeconomic conditions under which many of our people continue to live.

To this end we have just identified as our starting point the establishment of a university in the province. It is of particular significance that the call for the establishment of such an institution should be in resonance the 20th anniversary of the release of Nelson Mandela. It is in line with the collective honour that we, together with the whole world, continue to bestow on this iconic symbol of freedom and democracy that we shall accordingly, together with the members of this House, intensify our efforts to establish an institution of higher learning.

We are fully aware of the enormity of the challenge that still lies ahead of us. But working together with our communities, the private sector stakeholders and other formations, we remain convinced that the initiative for which we plead for your support today will go a long way in ensuring that higher education, in the form of a university education, becomes accessible to more and more of our young people.

Hon members, we are of the firm belief that, upon completion, this university must and will become a centre for educational excellence and diligence. Out of this university must come engineers, geologists, artisans and mine managers who will take full advantage of the emerging mining potential in our province, the Northern Cape.

We shall overcome the obstacles relating to the provision of quality education especially for the poor and the vulnerable. Again, out of this university there should come agricultural economists and animal health inspectors who will take full advantage of our province’s strong agricultural sector.

This institution of higher learning must also help us in addressing the scarce skills currently experienced in our province as well as the rest of the country by producing doctors, nurses, pharmacists and other health practitioners so that we are able to provide quality health care to all our people.

It must also help us to produce educators, school managers, subject specialists, and so forth, so that we do not suffer from a shortage of teachers to teach our children. We also need social workers and other community-based workers to help us address many of the social ills within our communities; and accordingly this university must also produce these critical skills.

The message we are communicating today in this House is that, upon completion, this institution of higher learning must not and will not become a white elephant. It must in a real sense seek to instil values and skills that can only take our province and our country forward. If we educate our nation, and in particular our young people, we would have won a greater cause for our social and economic transformation agenda, and such a university will offer us the best opportunity of doing so.

The pass rate that we achieved in our province in the 2009 Grade 12 examination is well documented, as have been the reasons for the decline. It is certainly not my intention to proffer any excuses for the steep decline in the results. However, the most compelling factor that influenced learner performance was the inevitable cost-containment measures required to offset projected and real over-expenditure as articulated in our earlier statement.

It is certainly my intention to lead a turnaround strategy, central to which is our refocus on taking educational decisions on basic school functionality. We are determined to improve the management of our schools as well as ensuring that the non-negotiables, as articulated by our President, are strictly adhered to: Managers must manage, teachers must teach, learners must learn, and parents must take a keener and deeper interest in their children’s education.

Accordingly, our officials at district and provincial offices will ensure that learner and teacher support materials are delivered to schools on time. Furthermore, we will introduce and roll out our matriculation intervention programme, as well as intensify our programme for learner achievement, focusing on literacy and numeracy outcomes in Grades 3 and 6, and strengthening the Foundations for Learning Campaign.

We will further ensure that our district offices are appropriately capacitated to roll out support to schools. In line with our premier’s directives in the state of the province address, we will continue on our path to stabilise the administration of the department to ensure that sufficient and effective support and administrative systems are in place to guarantee learner performance. Learner performance, as was emphasised, must and will be by design and not by default.

As one of the major medium- to long-term strategies of ensuring that the province never again records such a poor statistic, we reviewed the establishment of a university as one area that will further assist us to ensure that every classroom has a competent and qualified teacher in all the critical subject areas.

Such a university, through its development programmes, will enable our educators to continue to sharpen and deepen their subject knowledge and enable them to deliver a quality education to our learners. We remain optimistic about the success of such a university because of the various programmes that our National Institute for Higher Education has already put in place. They will assist us to make a smooth transition to the establishment of a university.

Hon members, your valued support for this cause will ensure that thousands of young people are given hope for a brighter and a better tomorrow, born out of investment in a good education. Your tangible support in this regard will ensure that we avert the sad and gloomy picture of reality that is currently being experienced by many of our young people, as portrayed in a poem written by a young boy when he says:

Reality is the long walk home And tired feet that hurt. It’s back to the grime And the dust and the dirt. It’s back to the home Where nobody cares. It’s back to where Hardship is common And knowledge is rare.

It is our collective belief that your efforts, voices and support will in the not too distant future enable this boy to proclaim and say: “Thank you, hon member, for always making me strive to be my best. It was you, hon member, who made me always smile. I am now educated to think critically. I am equal to my peers and can walk with dignity. I have learnt to be a reasonable and active citizen for what I see and understand, and that has changed me and made me a better citizen.” I thank you. [Time expired.] [Applause.]

The CHAIRPERSON OF THE NCOP: Thanks for your speech, hon member. When I ring these bells I do it with great respect for the MECs to indicate that their time has expired!

UMntwana M M M ZULU: Mphathisihlalo, mhlonishwa Mabhoko, mhlonishwa uNgqongqoshe okhona lapha weMfundo yamaBanga aPhansi, abahlonishwa abangoNgqongqoshe beziFundazwe abaqhamuka eziFundazweni zezwe lethu ezahlukene. Mhlonishwa Sihlalo kufuneka ngiyibongele le Ndlu ngoba wakwazi ukuba usihole kahle ukuze kukwazi ukuthi nathi kuleli lizwe lakithi sixoxe ngezinto ezibalulekile ezisezintsha futhi kithina, ngenxa yalokho nje ngithi kuwe, Mabhoko!

UMthethosisekelo wethu wezwe ukubala njengelungelo lokuqala ukuba wonke umuntu abe nokukwazi ukuthi afunde ezikoleni zezwe lethu. Yize-ke noma umuntu ehlezi ebhentshini labaphikisayo, kodwa kunezinto eziyiqiniso ongeke waziphikisa njengokuthi nje kukhulu okuzanywayo ukuba kwenziwe kuleli lizwe kodwa kufuneka sibambisane sonke njengabantu abakhethiwe kuleli lizwe ukuba sime ndawonye sisebenze sifuqe lonke lolu donga olwakhiwa wubandlululo kuleli lizwe lakithi,ukuze siqede isifo sokungazi. Njengomuntu omele elinye lamaqembu akuleli lizwe, abantu abamnyama, ngazi kahle kamhlophe ukuthi imfundo yabantu abamnyama yayisibulala kangakanani ukuze singabi nalo ulwazi.Umuntu ofundile lapha eNyuvesi yakwaZulu Ongoye -kade esho umhlonishwa ukuthi badume ngokuba uma benza udlame babulale yonke into - wayephuma neZiqu engazi nokuthi angenzani ethembele ukuthi kufuneka ahambe ayofuna umsebenzi, kanti kufuneka ukuthi uma uphuma esikhungweni semfundo ephakeme, ukwazi ukuzisiza wena uqobo, ungathembele ekutheni uyosizwa uhulumeni kuphela.

Kufanele sibonge ukuthi uhulumeni wethu uzamile ngoba bheka nje, uNgqongqoshe wethu kuleli sonto eledlule, ngoLwesithathu wabele lo Mnyango wethu wezeMfundo izigidigidi ezingama–R165 kulo nyaka wezimali ukuze ukwazi ukusiza abantu abakithi. Sengishesha nje ngoba isikhathi asisekho, kunezikole zasemakhaya la engizalwa khona, emakhaya ‘ezilalini’ ngesiXhosa, angazi–ke ngezinye izilimi lapho abantu bakhona besahlupheke kakhulu ngoba asinayo ngisho imitapoyolwazi ezikoleni zethu. Yize noma sekukhona izikole lapho sekufundiswa izinto ezinjengokushisela nokunye kodwa asikwazi ukuthi sibe semazingeni aphezulu njengezinye izikole ngenxa yokuswela ulwazi.

Okunye yizinkalo ezihanjwa yizingane zethu bakithi; izingane zethu zize zihambe zilala yonke imigwaqo le ngoba zihamba amakhilomitha angaphezu kwayishumi nantathu ngezinyawo ziya ezikoleni. Kuyobangcono ukuba Ngqongqoshe izifundazwe lezi ukwazi uzelusalusa ngoba azizimele ukuze wazi ukuthi zenzani ukusiza ukuthi izikole zibe seduze kwabantu bakithi

Kuleli lizwe lethu kufuneka futhi siwabhekisise amanyuvesi ethu lawa, sibheke nabahlohli bakhona nokuthi yini balahlele laphaya ekudeni izingane zethu uma zizama ukungena emanyuvesi. Phela uma zifika nezifundo zoLwazi Lwempilo zithathwa njengento engekho nje, noma ngabe isitifiketi sengane siyayivumela ukuba ingene enyuvesi kodwa uma kubalwa amaphuzu okungena enyuvesi lawa Ulwazi Lwempilo akabalwa nhlobo. Yizo zonke Ngqongqoshe izinto okufanele nizibheke ukuze sikwazi ukuthi sigqugquzele konke lokho esikumele thina njengabantu abamnyama baleli lizwe ukuze izwe lethu liye phambili.

Mhlonishwa Mabhoko,ngibonga kakhulu ukuba umuntu acoshe leli thuba ngoba uma ngizoma lapha ngithi ngizophikisa, ngabe ngenza ihlazo nje ezweni ngoba ihlazo akufuneki lenziwe ezweni.Ihlombe.

[Prince M M M ZULU: Chairperson, hon Mabhoko, hon Minister of Basic Education present here today, hon Ministers from the different provinces of our country; hon Chair, I must commend you on behalf of this House because you managed to lead us well, which enabled us to discuss the important matters of our country, which are still new to us. That is why I salute you by saying, Mabhoko!

Our country’s Constitution states that access to education is a fundamental right. There are facts that opposition parties cannot deny with regard to what has been achieved in this country. But we have to work together as the elected so that we can stand together and eradicate the ravine that was caused by apartheid, and we must also eliminate ignorance. As a representative of one of this country’s parties that represent black people, I know very well how Bantu education destroyed us and that we lack knowledge. Graduates from the University of Zululand - Ongoye, as the Minister mentioned - are well known for inciting violence and once they start they destroy everything and would graduate without the necessary skills, and his or her only hope would be to find employment. If you leave an institution of higher education you are supposed to be self-reliant and should not rely on the government to assist you. We must be grateful that our government has tried because our Minister allocated an amount of R165 billion to the Department of Education in this year’s Budget Speech last Wednesday.

I’ll be quick now because my time is running out. There are schools where I was born in the rural areas called ”ezilalini” in isiXhosa - I don’t know what they are called in other languages - where people are suffering immensely because we do not even have libraries in our schools. Even though there are schools where things like welding and other courses are offered, we are unable to reach the higher standard like other schools because of the lack of knowledge.

The distance our children have to walk is another issue. Our children end up sleeping along the way because they have to walk more than 13 kilometres to school. It would be better, Minister, if you could monitor these provinces, because they are not independent, so that you know what they are doing in order to assist with having schools nearer to our people.

Our country’s universities also need to be scrutinised. Check their assessors and why they do not consider our children when they apply for admission to these universities. Subjects like life orientation are not considered, even if the child’s certificate shows a university entrance. Life orientation points are not considered at all when they calculate entrance points. Minister, these are all issues that need to be addressed. And we should encourage all those whom we are representing as black people of this country in order for them to advance.

Hon Mabhoko, thank you very much for giving me this opportunity. If I could stand here to oppose, I would be a disgrace to this country because we do not need that in this country. [Applause.]]

The MINISTER OF BASIC EDUCATION: Chairperson of the NCOP, Mr Mahlangu, the Deputy Chair in her absence, the Chief Whip, Members of Parliament present, the two MECs who are here – thank you very much, colleagues – our guests, and ladies and gentlemen, now that the Chairperson has cut down my time from 20, as initially indicated, to 15 minutes, let me start off by responding to some of the comments made by colleagues so that if I run out of time, the speech will be for circulation.

I want to start off by expressing appreciation for the contributions that have been made by members with regard to basic education, which does confirm our belief that the success of the sector of education will start where it begins, which is with basic education.

We are not oblivious to the challenges that are confronting us, but are grateful that all of us appreciate that basic education remains very basic to our success. Therefore, the partnership that we can get here with members, provinces and colleagues will go a long way.

I want to respond to a few things that have been raised by colleagues without necessarily debating them. I want to emphasise that we should not mislead ourselves and say that the whole system is in a crisis. That is why we keep on misleading people. It’s the education of the African child that is in crisis. We have to note that so that our attention and support are focused on that.

The education of children in other communities still remains quite good. That is what is holding the system together. We appreciate that. However, we should not create an impression that there is a huge crisis, with everybody crying wolf, when there is no wolf. The wolf is in African schools, and that is where we are supposed to be focusing our energies. That is where the crisis is.

I will also be failing in my task if I fail to appreciate premiers. I think we are privileged as a sector because of all the things that premiers do in provinces. I can assure you that they chose the best that was there in their parties.

We have a very good team of MECs, very dedicated and hardworking MECs, and all of them rise above politics. That makes me very hopeful that, nationally, whether the DA or the ANC is in power, we will indeed overcome because we have a team of very strong MECs in all the provinces, who are doing their best to get the system going. For that, I must really say to the NCOP, which is in a way focusing on the provinces, that we have a very strong team nationally. All our MECs have been able to rise above provincial differences. All MECs are aware of the fact that we are saying education is every child’s right, and every child has to have access to quality education.

We can say with pride that most provinces have been submitting their turnaround strategies. It’s going to be useful at our next camp to look at what lessons we learnt from one another and how we can strengthen the sector and move out from there. My appeal, and excitement, when I was invited to come here, was to interact with the members of the NCOP on how we can make education a societal issue, mobilise everybody across political divides on the issue, and also look at the things that we should be doing.

Amongst the things that I want to raise - which are also ``wolves’’ that people create - is that the reasons for underperforming are quite different. I want to advise members that when they pay a visit to schools which are dysfunctional, I can tell you the reasons they are going to give you. You can even write the report before you go in - I’m responding to you, Comrade Chair - it is poverty, unemployment, crime, teenage pregnancy, etc. They are all going to tell you the same story. It’s going to be about everything else but them. If you go to a highly functional school, they won’t even tell you about how they have fought criminals, fed children or stopped pregnancies; they will tell you that it’s teamwork, dedication, hard work, etc. That is what they will all tell you. What has happened during the visits that we’ve been undertaking with colleagues is that we went into the real substance, which told us what the problems were. Don’t even ask them what the problems are; go and find out where they are. Go to the time books and see if those very teachers have been on time and on task all the time. Teachers don’t attend school. That is what we’ve been saying quite regularly.

We want to mobilise colleagues and say that as you make education a societal matter, go to the time books and see which teachers have been coming to work, which ones have been leaving on time and which ones have been staying. Go to the children’s books. Don’t ask questions; go to the children’s books and see if they have been writing. Don’t use any anecdotal stories because they won’t help you. They will tell you stories which are not useful. Your school visits won’t be useful unless you have a structured approach on how you are going to get the results.

As I get to the speech, I will also highlight that, as a department, we are positioning ourselves to make sure that when we say that education must be a societal issue, with our provincial structures, we are able to interact with communities in ensuring that as we mobilise people we are able to work together in making sure that education is a societal issue.

Check books and talk to learners; they are the ones who know what is happening in the classrooms. There is no way even the principal can know which teachers speak on their cellphone, which teachers don’t come to the class, or which teachers talk about their children. It’s only the learners who can tell you. So don’t even ask them; go to the learners, they will tell you the story. You will know what the truth is.

I’m also saying to our people that poverty is being used as an excuse. I keep on saying that we should intercept poverty. It’s been there; it will be here forever. That is what they are going to say to us. The main focus of education is teaching and learning. That is what the whole thing is about. My colleagues from the provinces will tell you that the only thing the top school in the country, which is in the Western Cape, and an African school in Limpopo, which is in the top 10 category, share between them is not good infrastructure, it’s not teachers - Sadtu will tell you that we have been giving them “microwave” training - what is common between them is discipline and focus on the task.

With poor infrastructure and poor communities, what is common between the top schools in the Western Cape and in Limpopo, in the deep rural areas, is not infrastructure; not poverty. It’s discipline and being on task and on time all the way. This means that that is what works. As people move into making education a societal matter, we also want them to assist us in ensuring that our teachers are on time and on task all the time, as the President has been calling for.

We will indeed address infrastructure. I will be talking to that quite shortly. But that is not what schools that succeed tell us has been their success story. It’s not the amount of infrastructure. Some of the schools where we have put the top infrastructure- high-level infrastructure, which hon Mashamba was talking about- don’t necessarily give us results. This means that it is not where we have to go and look for results. We have to go and look for results on what works.

Having said that, let me quickly get into what I had prepared for the debate and possibly also reflect on what members have said so that members should not say that I have not reflected on what they have said. I have taken note. Some of it is good counsel. I don’t think I need to respond to that, but it is just something we need to take into consideration as we plan. If I don’t respond, it’s not because it’s not important; we have taken notes and we will factor it into our planning.

The decline in our 2009 matric results from 62% in 2008 to 60% in 2009, which really got me into hot water, necessitates that we look into new strategies at all levels in the system to address the old issue of how we can enhance the culture of learning and teaching in our schools and improve outcomes. That’s why most of our MECs are engaging in the things they will do differently to get different outcomes. Again I am proud that most of our MECs have been engaging with what is to be done differently to get different outcomes.

The strides we have made by dismantling the apartheid legacy are undermined by the fact that we are not getting the results that we are looking for. We are proud that we have turned around the massive repetition problem in the early 1990s in the early grades. In Grade 1, overall enrolment has dropped from 165% to 114%.

We have lots of repetition in the system - kids just failing between grades, and because they are not measured at Grade 12, people are not aware that we have a lot of wastage in the system. We are improving that quite drastically. The number of children who continue their schooling into the last three years of high school has increased remarkably. Again, Chair, this goes back to your point on what happened to the one million kids who were missing between Grades R and 12. Some of them go to further education and training, FET, colleges; they do not necessarily go to matric. It is how the system works. If you calculate from Grade 1 to Grade 12, it won’t add up to 1:1 because some of them divert, thereby becoming 1:0,5 in the middle. We are also quite concerned about the fact that some of them do indeed drop out.

We are proud that between 1970 and now we have improved the enrolment or retention rates from 30% to 90%. That is why in the township schools we find that we have a crisis with high schools. This is because the planning was for three primary schools to one high school. We knew that only one third was going to reach high school. It’s only now that we are having lots of blockages, hence the huge infrastructure backlog, because the retention and number of kids going up to matric have increased almost threefold. Whereas only one third went up to matric, two thirds now go up to matric; but yes, we are worried about the third that does not reach matric.

Even though we score badly - we also get lambasted for things that we tell the world - it’s we who presented ourselves for the international tests so we could benchmark ourselves. Indeed, when the results came back, we were not happy at all. The picture, as Nick Taylor has just recently written, is nuanced. We have not gone back, but we have not improved either.

Again, people just want to glorify the old apartheid days. What was working under apartheid is still working. White education was working. Black education did not work under apartheid. We have not been able to make drastic moves, and that we admit. But we should not create a sense that we have reversed. We have not, but we are not making the improvements that we want.

Again, others will cry wolf with us that there is a crisis when they know things are going very well in their education system. Education in white communities is going very well. Fifteen years down the line, life for white people is still hunky-dory and very good. We are happy about that, but the crisis is, as I have said, in black education. Therefore, that is what we need to address. The point I’m trying to make is that we have not reversed, but we have not improved either.

Quality continues to be our biggest challenge. That has been raised by different members. I want to quickly run through the things that we are trying to do, together with our provinces, in addressing the things that we want to do differently to achieve different results. We admit that the results we are getting are not the results that we are looking for. We want more, hence we are prepared to work harder, faster and smarter. We therefore will run through the things that we are doing in working harder, faster and smarter.

One of the main things that we are working on with provinces is what we call the Basic Education Action Plan. With regard to this plan, which we are working on with provinces, we will have to monitor it with you as Parliament and support provinces in the implementation of the targets.

The first target involves the Rapid Assessment and Remediation Initiative. We are looking at schools that performed below 20%. The Western Cape, Gauteng and some other provinces don’t have that major problem; it is in some of our bigger rural provinces. In the Western Cape, there was only one school; in Gauteng, there was also one school below 20%. In other provinces, for instance in KwaZulu-Natal, Limpopo and the Eastern Cape, we have more than 500 schools which performed below 20%. Through this programme, we are looking at the Rapid Assessment and Remediation Initiative through which we can intervene in those schools, see what the problems are and, this time, decisively act on those problems and correct the situation.

We are looking at ways of improving our national senior certificate, NSC. One of the causes, as we have already highlighted, is around the grouping and subject choices that our children make. Some of the kids, because we emphasise maths and science, even though they want to do law, also want to do maths. They are not sure what they are doing physical science for. This is to help our children make the correct choices and combinations which are relevant to their future.

We also want to improve the teaching in those subjects, because we still have lots of problems in the teaching of maths, science, accounting and English. We are looking at all those interventions which we have to make with regard to improving our national senior certificate.

We have already spoken a lot about curriculum implementation support. You will recall that every other person who had an interest in education raised concerns about the curriculum. We can say with pride that we have identified what the problems are. We are addressing them and have a clear programme in addressing all the issues or challenges around the curriculum.

Again, we are looking at teacher development support. Anybody who is in education will tell you that the system stands and falls on teachers. You can have everything else, but if your teachers cannot perform, you have a problem. They are your tools of labour. If you have a taxi, but your driver doesn’t drive, you are out of business. Teachers remain the core and the most important factor in our education system. We are working on progress and need to look at teachers.

There are major infrastructure issues which we have inherited. I have just highlighted some of the challenges around our infrastructure. As much as we had a backlog of poor infrastructure that we inherited from apartheid and homeland governments, we also had to create new infrastructure to cope with overexpansion. The education system has multiplied threefold since we took over. That two thirds that used to drop out under apartheid, or those many kids who were not able to go to school because they had to pay fees, are now able to go to school. Our infrastructure has not been able to cope with the expansion that we have. As a result, we have not been able to correct or remedy the infrastructure that we inherited from apartheid.

We have, again, a massive programme that we are beginning to co-ordinate nationally to assist provinces to deliver the infrastructure that we have. We are excited that the Presidency and Treasury have committed to using the capacity that was used to build the stadia to intervene in schools. As soon as the stadia programme is cleared, we are going to use the same capacity to intervene in schools. Through capacity, we are confident that we will begin to address some of our major infrastructural backlogs that for years we have been unable to deal with.

We have also spoken about the adult literacy programme, and colleagues have also raised it. We have a very successful programme, which we call “Kha Ri Gude”, which is meant to break the back of illiteracy amongst adults. It’s going very well. We will give you a report next time.

The other matter that I want to raise is around the National Education Evaluation and Development Unit, Needu. It has also been spoken about quite a lot vis-à-vis the inspectorate. I thought I should speak to you about what Needu is and what it is not. We will shortly operationalise Needu, which will start off immediately with the Rapid Assessment and Remediation Initiative to assess where the problems are and create and develop measures to intervene in those schools. There have been lots of discussions about what Needu will and will not do.

Needu is a mandate that we received as the ruling party in Polokwane to establish a National Education Evaluation and Development Unit for the purposes of monitoring, evaluation and support. It will be a professional facility dedicated to doing precisely that. It will evaluate everybody. So, inspection will fall under it. Inspection is not the be-all and end-all. It’s going to evaluate anything in the system from the national department to the provincial departments, educators and the whole system in its entirety.

It has an element of development in that where it picks up problems, it will help us design development initiatives. If our problem, when we do an inspection, is about the capacity of our teachers, we will know what to do with it. If it’s about the capacity of our officials, what do we do with it? That’s what Needu is going to be doing. We are already making it operational.

Again, we’ll be very happy to come and raise that with you when we have more time so that we don’t take much of your time now. Needu’s role will be to assess and develop strategies for the improvement of the quality of educational outcomes and support schools to achieve these.

We are proud to say that we have built up the national Department of Basic Education, but systems and structures of that single department do not speak to the objectives that we want to achieve. To ensure that the national department is able to fulfil its mandate in line with the mandate of Basic Education, it has become imperative to strengthen departmental capacity at national, provincial and district levels. We are working with our provinces to ensure that they are positioned to support schools, as much as we are working hard to position ourselves to support provinces.

We have restructured the national department to enable it to meet its core constitutional mandate of setting national policy and monitoring it, and evaluating all provinces and the entire basic education system. That is our mandate; it’s in the Constitution, and we do it nationally. We set up policies; we monitor everybody; we evaluate everybody.

Again, as I said, we are quite privileged that from where I stand we have major co-operation with our provinces. So that it should not be a major issue as to how we co-ordinate the system to make it work well. We are working with provinces to ensure that they too are properly positioned and structured to implement national policies aimed at supporting schools.

What we have found out is that our provinces, all of them, have structured themselves in different ways. Some have got themselves into a corner in the way they have structured themselves. They are not able to do the task that they are supposed to be doing. You find that within the same province different regions have different structures, capacities or resourcing strategies. We are working with provinces to ensure that we have the best structure nationally to ensure that we are indeed able to respond.

Chairperson, I do not want to take advantage of the fact that you gave me more time. Let me move to the last point, which is about the 2010 World Cup and our ``schools cup’’ adventure.

We are doing the countdown and, again, making 2010 exciting for schools. We are inviting you to join us in our 2010 Football World Cup School Adventure where all provinces are involved. Already, each province has symbolically adopted some of the 2010 Fifa World Cup participating nations. Between now and May 2010, I hope that learners and teachers in the whole school community will have learnt about the adopted countries and their people.

My 2010 School Adventure will culminate in an exciting football competition in May 2010, in which teams of learners from each province will play one another in the South African Schools Football World Cup. We will precede or maybe even pre-empt the winning country, because each province is going to be representing one of the competing countries. Perhaps the winning province will be giving the lucky country the luck to win!

I want to assure you that the school year has not been shortened in 2010, which was the concern of most people. We have compensated for the time that we will lose by increasing the numbers within the terms that are there. We have not lost much time regarding 2010, which has been the concern for most communities.

In closing, in line with the President’s call for education to be made a societal matter, we are appealing to political parties and individual politicians in the House to go out there and help us to mobilise constituencies to make education a societal matter.

I am saying to all opposition parties that we can fight about everything else, but let us not fight about this matter. Let’s just ensure that every child has the right to education. Education is the human right of every child. We can make our politics on everything else but not on this issue, by protecting education as a national asset and at least as one thing that unites us as South Africans. We are appealing for education to be the one thing that unites us, all of us.

For our part, we are supporting communities through the social mobilisation branch of our department. We are strengthening our school governing bodies, SGBs, and learner representative councils, LRCs, and creating a forum of nongovernmental organisations, NGOs, academics and business to interact with us and give the support that they want to give in provinces in a co- ordinated manner.

We are systematically working to make education a societal matter, and we trust that you will play your part in this momentous task of turning the system around and making us a nation proud of our education achievements, because at the end of the day we are all South Africans.

We can differ on everything else. We are appealing, again, for this to be a unifying factor. We are committed, as a department, to playing the game. Again, I am appealing to communities, and especially to activists, comrades and politicians who are here to say that this is a South African one and not a political one. Let’s work together on it. I thank you, Chair. [Applause.]

The CHAIRPERSON OF THE NCOP: Hon Minister, you will agree with me that it wasn’t a waste of time that I used my discretion to give the Minister a little more time because this is the information that we wanted, and that’s the reason why I called for this debate. We want to thank you, Minister, for the time you shared with us. That’s exactly what we wanted to hear. Now we know what to do when we go back to our constituencies.

Ngiyaqolisa baba uMasuku ekubekezeleni kwakho noMashamaite. Seningavala-ke niphendule uNgqongqotjhe ngombana niqakatheke khulu. [Ihleko.] [Iwahlo.] [My apologies to Mr Masuku for having to be patient, together with Mr Mashamaite. You can now close and respond to the Minister because you are very special. [Laughter.] [Applause.]]

Mr M MASUKU (Mpumalanga): Chairperson, hon Minister of Basic Education, Minister of Higher Education and Training in absentia and the members who are my colleagues, I was worried that …

… uma ubiza uNdabezitha bese ubiza uNgqongqoshe bonke bangoNgqongqoshe. [… if you call him Ndabezitha [your majesty], and then you call a Minister, they are all in charge.]

My work was going to be very difficult, but they assisted me in a number of areas that I was worrying about. When I grew up, I was taught that, Ndabezitha, in this land where we are, people were living in it somewhere in 1652. They were just told that they had been discovered, and their land had been discovered. I was worrying, this year, when I heard that a particular province had discovered the culture of learning.

I think the Minister has helped us with this one by saying to us that all these things are ours. I was worrying because I was wondering and asking myself: If we say the culture of education has been discovered now, what happened in 1955 when we said the doors of education and culture would be opened? I was asking myself if that wasn’t about the culture that we should be talking about? I was very worried when we were talking about recent discoveries, but you have covered us, Minister.

One of the things that you have also covered on that discovery is that the Freedom Charter that spoke about education in 1955 also said that when our children are educated - we actually have to educate them to respect our country and our people, and also ensure that they are capacitated to participate with other people of the world – they must showcase their talent to the world, and that sporting event, which the Department of Education has started, is spot-on.

Minister, I am a product of a tree because my first class was under a marula tree, and the second class that I went through was in a church, and the third one was under another marula tree, and the fourth one was under an acacia tree. Therefore, I understand what you mean when you talk about unsafe structures.

It is important that when we deal with this issue of education, as you have said, the limitation on our politicking about it becomes very important because at some point when I was attending, I was staying in a forestry village. I used to walk to a high school that was on the other side of the town. I used to find my fellow scholars standing by the road to be taken by a school bus. The school bus was actually taking them to a school that was nearer than my school. That school was actually the best when you looked at it. The issues that you have covered, Minister, clarify that we are dealing with history and a particular section of our society that has suffered. That is why, when we deal with this matter, I ask myself if that wasn’t an ideological focal factor that was putting us there.

Therefore, we don’t need an ideology to reverse that. Is the Constitution not addressing that matter to allow us not to fight against these ideologies that are actually competing in that particular situation? Then I asked myself if I still have to bring in my ideology. Yes, do I still have to throw in my ideology in terms of my thinking when I was saying the doors of education must be opened? What happened to Ermelo, when it was said that in my province other children should not be taught in other languages? Then I was asking myself if it is an ideology or not. Is it not something that we have to counter?

I want to say that in Mpumalanga we also draw our mandate from what the President and the Minister have said about the framework that we have actually set. What is good about it is that many colleagues were asking me why my human settlement is here. In Mpumalanga, education is the business of every one of us. Whatever we do, we actually said to ourselves that we are going to focus on that, and we are going to place education and skills and development at the centre of this government, as the President has said. We have decided that, Minister.

We know that the result for this year rejects us and that all these things we are talking about here are for us to lead you because we are right at the lower rank of the outcomes. We have said to ourselves that we are going to set bold steps in relation to dealing with institutions so that the improvement at the national level must be better.

We have decided that from that 46% result that we achieved this year, we are going to set ourselves a bold plan that between now and 2014 we are going to take steps in the areas that we have identified, with the President, in Grades 3, 6, 8, 9 and 12, and we are going to have external examinations and ensure that we get a 60% increase, including in Grade 12, by 2014.

We have sponsored only 6 552 children in schools. We felt that when we talk about this 60% increase, we want to increase those entries from 13 000 to 112 000 by the year 2014.

Somebody will ask us what it is that we are going to do, and what it is that we have identified that we have to do differently between now and then. Following what the Minister said and indeed reflecting exactly the challenges on the ground, we said to ourselves that we are going to take specific areas that we think are critical, such as the issue of the number of contacts between the learner and the teacher, which we are going to try to increase.

The MEC for education has been up and down every time interacting with teachers’ organisations, learners, parents and sometimes with Members of Parliament till now to assist in that situation so that the culture of learning and education at school can improve.

In that way, one of the things that actually came out is that they had identified the collective contract in terms of what it is that must be done. They have committed indeed to be in class on time and learning. We have also committed, on the other side, that we are going to ensure that the learner support materials are present all the time and by December of every year. We have started with this in this financial year.

The other area of work that we have identified is that of infrastructure and the rural community. We have discovered that some of the areas that performed badly actually do not have proper infrastructure. They have unsafe structures and mud schools. We have a premier who committed himself last week to ensuring that this year we must clear those off. At the same time, he has also noted that in farm schools children are spending time going up and down and sometimes the scholar transport doesn’t assist them with transportation.

We have decided that we are going to build hostels for those farm schools. Those hostels must be able to assist the children in different ways. In farm schools, the issue is not only about travelling, but it is also about the conditions on farms. There are children that we realised are learning without lights. They are actually using fire to study. You can imagine what is going to happen. So, those are the matters we said we had to deal with.

The last issue is that the premier has also made a commitment that we should have extra classes for all those schools that got less than 20%. While we have continuous assessment, we must have the winter schools and extra classes that are supposed to be able to assist us to deal with that.

If I had time, I would have talked about how one could deal with the issue of scholar transport and early childhood development, ECD, issues as part of the support of this particular programme. But all these are actually done to support what we have already started, Minister.

Lastly, I would like to say that all these things we have talked about are what we do because this is the business of all of us. Actually, we have to participate in it, and that is exactly what activism is all about, namely the participation of all those who are supposed to be involved. It is not any other thing; it is not an ideology to be shouted; it is not a decree that you give. Activism is something that you do in practice repeatedly until the results are better. Thank you, Chairperson. [Applause.]

Mna T A MASHAMAITE: Mohlomphegi Modulasetulo, mohlomphegi Tona, re be re theeleditše Maloko a Palamente a bolela ka ga ditaba tša thuto go tloga ka iri ya bobedi - gore na thuto e bohlokwa bjang. Ke nnete thuto e bohlokwa. Go na le polelo ya Sepedi yeo e rego “setšhaba seo se sa rutegago ke seo se timetšego”. Ka fao, setšhaba se se tlo timela. (Translation of Sepedi paragraph follows.)

[Mr T A MASHAMAITE: Hon Chairperson, hon Minister, we have been listening from two o’clock to Members of Parliament debating education matters - about the importance of education. It is a fact that education is important. Without education, a nation is lost.]

I just want to raise a few points here because I feel that the speakers who spoke before me did not touch on them. The point I want to raise is in relation to the dress code of learners at school. The department must introduce a dress code for learners in the same phase across the country. This will go a long way towards alleviating the economic burden on parents and guardians of having to buy new school uniforms every time a child is transferred to a new school.

Displaying a national symbol in the form of an education emblem of the nation - national heroes and martyrs such as Chris Hani - would build national pride and identity among learners and thus promote common values and inspiration among the diverse learner population.

Education is a means of promoting good citizenship as well as preparing our people for the needs of a modern economy and a democratic society. By building on achievements in education, the ANC government is determined to ensure the progressive realisation of universal schooling, improve the quality of education and eliminate disparities.

There is a need to intensify the mobilisation of adults who cannot read or write to join the Kha Ri Gude Mass Literacy Campaign. In the same breath, the ANC government will pay attention to improving the quality of Grade R and early childhood development to ensure that young children are adequately prepared for schooling. In this instance …

… moswana o boletše a re tloga-tloga e tloga kgale, modiši wa kgomo o tšwa nayo šakeng, goba thupa e kobja e sa le boleta. [… young children need to be prepared at an earlier stage for schooling.]

The ANC continues to call for non-negotiables in education - that teachers should be on time, in class and teach for seven hours a day. Pupils should be involved in affairs that affect them. In this regard, the building of a movement for quality education involving learners, teachers and parents will gather momentum and zest in its strategic aim to ensure universal access to quality public education.

In his state of the nation address, the President said that government must work faster, harder and smarter. Let us heed the call as the people of South Africa and do it. We can do it; it can be done.

This month, as we celebrate 20 years since the release of Mr Nelson Rolihlahla Mandela from prison, we celebrate the revolutionary and selfless struggle, which gave rise to an open and democratic society free from the legacy of institutionalised racism and discrimination.

In conclusion, making education one of the five priorities over the next five years reaffirms the commitment of the ANC to the improvement of the quality of education and access thereto. The 2009 curriculum review addresses the content and impact of education on young people in the main and their progression to higher education and preparation for entry into the labour market. The productive sector has been mobilised to appreciate the importance of further education and training colleges in meeting the skills and employment creation needs of the country.

Ga re a swanela go ba bo popotela ye e sa kwego gomme ya feletša e wetše leretheng la mohwelere. Ke a leboga, mohlomphegi Modulasetulo. [Legofsi.] [We do not have to be stubborn because that may lead us into trouble. Thank you. [Applause.]]

The HOUSE CHAIRPERSON (Mr R J Tau): Thank you very much, hon Mashamaite. I must say that this is quite historic. If you don’t record what happened here today, you will never be able to do it again. You closed a debate in which both Ministers present participated in the debate before you. Thank you very much, hon Mashamaite, for that.

Debate concluded.

     INCREASE IN DROWNINGS IN PUBLIC AND PRIVATE SWIMMING POOLS

                         (Draft Resolution)

Ms B P MABE: Chairperson, I move without notice:

That the Council –

  1) notes the alarming increase in children who die in home and public
     swimming pools across the country and that drowning has reportedly
     moved to fourth on the list of causes of unnatural death amongst
     children;


  2) further notes that it is estimated that last year alone more than
     400 people drowned in South Africa, and many of them were children;


  3) also notes that for every child who drowns five are left with
     permanent brain damage and trauma; and

  4) calls on the various municipalities and the Department of Co-
     operative Governance and Traditional Affairs to urgently consider
     initiating measures that will compel swimming pool owners across
     the country to reregister their swimming pools and ensure that they
     are secured at all times and that those who own swimming pools
     undergo the necessary training to deal with drowning emergencies.

The HOUSE CHAIRPERSON (Mr R J Tau): Is there any objection to the motion? Do you object? In the light of the objection, the motion may not be proceeded with. The motion without notice will now become a notice of motion.

        ESKOM PRICE HIKES LEAD TO FURTHER ECONOMIC DIFFICULTY

                         (Draft Resolution)

Mr R A LEES: Mr Chairman, on a point of order: regarding the above motion, the intentions are good, but the methods were unacceptable.

Chairperson, I hereby move the following motion without notice:

That the Council – 1) notes that –

      a) the South African economy is in the worst recession since the
         1920s;


      b) this economic recession has resulted in nearly a million
         people losing their jobs;


      c) the majority of the people of South Africa are faced with
         severe financial challenges;


      d) the South African government failed in its duty to ensure that
         the electricity needs for the country were adequately provided
         for and prevented Eskom from building new power generators,
         despite warnings since 1998 that such generation capacity
         would be required;

      e) the South African government failed to deal with the
         maladministration within Eskom;

      f) the electricity tariff was increased by a very high 27,5% in
         2008 and 31,3% only 8 months ago;

      g) the excessively high electricity tariff increases of 24,8% for
         2010-11, 25,8% for 2011-12 and 25,9% for 2012-13 that were
         approved by Nersa on 24 February 2010 will severely aggravate
         the current extremely poor economic climate.

[Time expired.]

The HOUSE CHAIRPERSON (Mr R J Tau): Hon member, your time has expired. Your motion will now become a notice of motion and will be printed in full in the next Order Paper. Hon Mokgoro, you may proceed. Oh, there is a point of order.

Mr T HARRIS: Chair, can I just get clarity from the Chair on the time limit for a motion without notice?

The HOUSE CHAIRPERSON (Mr R J Tau): It is one and a half minutes.

Mr T HARRIS: Thank you.

            20TH ANNIVERSARY OF RELEASE OF NELSON MANDELA

                         (Draft Resolution)

Mr G G MOKGORO: Chairperson, I move without notice:

That the Council –

  1) notes that 11 February 2010 marked the 20th anniversary of former
     President Nelson Rolihlahla Mandela’s release after 27 and a half
     years in prison;


  2) further notes that former President Mandela worked with great
     leaders of the African National Congress such as Chief Albert
     Luthuli, Oliver Reginald Tambo, Walter Sisulu, Ahmed Kathrada,
     Raymond Mhlaba, Chris Sithembisile Hani, Lilian Masediba Ngoyi,
     Winnie Nomzamo Mandela and Florence Matomela in fighting for the
     liberation of the people of South Africa and that his name and
     stature continue to be a living symbol of peace and humility, as he
     fights for the rights of the marginalised, discriminated and poor
     across the globe; and


  3) takes this opportunity to pay tribute to this great stalwart and
     son of Africa for dedicating himself and the great years of his
     life to the struggle and liberation of the people of South Africa.

Motion agreed to in accordance with section 65 of the Constitution.

        APPRECIATION FOR EVENING STATE OF THE NATION ADDRESS

                         (Draft Resolution)

Mr F ADAMS: Chairperson, I move without notice: That the Council –

  1) joins the masses of people of South Africa in thanking President
     Jacob Zuma for calling the Joint Sitting of Parliament in the
     evening on 11 February 2010 to deliver his State of the Nation
     address and his firmness in the government’s commitment to advance
     the lives of the poor;


  2) acknowledges that the timing of the President’s address was an
     important gesture to celebrate the 20th anniversary of the release
     of our people’s icon and Isithwalandwe, former President Nelson
     Rolihlahla Mandela, from prison - a watershed moment that changed
     our country and which was brought about by the resolute struggles
     of the people of South Africa;


  3) further acknowledges that the delivery of this important address in
     the evening, when the majority of the people of South Africa,
     particularly senior citizens, domestic workers, mineworkers and
     students were at home, was an affirmation of the activist character
     of the fourth democratic government and Parliament to remain
     relevant and reaching out to the majority of the people of South
     Africa; and

  4) welcomes President Jacob Zuma’s clear and pragmatic plan to improve
     the quality of life of all South Africans. The HOUSE CHAIRPERSON (Mr R J Tau): Is there any objection to the motion? An HON MEMBER: Yes!

The HOUSE CHAIRPERSON (Mr R J Tau): In light of the objection, the motion may not be proceeded with. The motion without notice will now become a notice of motion.

  PROMOTION OF COUPON SYSTEM FOR FURTHER EDUCATION AT COLLEGES AND
                            UNIVERSITIES

                         (Draft Resolution)

Mnr M J R DE VILLIERS: Voorsitter, ek stel sonder kennisgewing voor:

Dat die Raad –

 1) die koeponstelsel vir verdere studie aan universiteite en kolleges
    aan leerders na matriek by die nasionale Departement van Onderwys
    sal promoveer; en


 2) toesien dat riglyne, kriteria en regulasies opgestel word om
    hierdie stelsel teen 2011 in werking te stel. (Translation of Afrikaans draft resolution follows.)

[Mr J R DE VILLIERS: Chairperson, I move without notice: That the Council –

1) will promote the coupon system for further studies at universities and colleges to learners after matric at the national Department of Education; and

2) recommends that guidelines, criteria and regulations be drawn up so as to put this system into operation by 2011.]

The HOUSE CHAIRPERSON (Mr R J Tau): Is there any objection to the motion? In the light of the objection, the motion may not be proceeded with. The motion without notice will now become a notice of motion.

IRRESPONSIBLE AND NEGLIGENT BEHAVIOUR OF SURGEON AT PRETORIA HOSPITAL

                         (Draft Resolution)

Ms M G BOROTO: Chairperson, I move without notice:

That the Council –

  1) notes recent reports of a Pretoria police officer who was shot
     twice in the stomach during a house robbery on Friday 19 February
     2010 and turned away by a city hospital because a surgeon on
     standby did not want to come in;


 2) takes this opportunity to condemn in the strongest possible terms
    such irresponsible and negligent actions by the surgeon and calls on
    the Department of Health to immediately institute an inquiry into
    the conduct of the surgeon and the staff on duty for failing to
    inform the paramedics until they arrived at the hospital; and


3) ensures that such behaviour is prevented in our hospitals.

Motion agreed to in accordance with section 65 of the Constitution.

           NATIONAL COUNCIL OF PROVINCES VISIT TO LIMPOPO

                         (Draft Resolution)

The CHIEF WHIP OF THE COUNCIL: Chairperson, on behalf of the Chairperson of the National Council of Provinces, I move:

That, in terms of Rule 21(2) and in the interests of enhancing public participation, conducting oversight and providing a platform for consideration of issues affecting provinces as provided for in section 42(4) and 72(1) of the Constitution of the Republic of South Africa, 1996 – 1) the Council resolves to, from 23 to 26 March 2010, conduct public hearings, hold meetings, conduct oversight visits and sit in plenary in the province of Limpopo on 25 and 26 March 2010, at 17:00 and 09:30 respectively, until the conclusion of business on those days; and

(2) the Council notes that the estimated cost of effecting the change in venue and maintaining it for the specified period will be R5 000 000.

The HOUSE CHAIRPERSON (Mr R J Tau): Thank you very much, Chief Whip. Is there any objection to the motion? Are you objecting, hon member?

Mr R A LEES: Chairperson, that’s exactly the point: I don’t know. I need some clarity. Is this an issue on which each of us is voting, as opposed to it being a provincial vote?

The HOUSE CHAIRPERSON (Mr R J Tau): Which one?

Mr R A LEES: This particular motion. Is this an individual …

The HOUSE CHAIRPERSON (Mr R J Tau): No, it’s a House vote.

Mr R A LEES: Chairperson, is it being put to the vote? I just need clarity on the way this works, please.

The HOUSE CHAIRPERSON (Mr R J Tau) That’s fine. I think maybe what we need to do is firstly determine whether there are any further motions without notice, before we come to the notices on the Order Paper. Are there any other motions without notice?

THANKS TO WHIPS’ FORUM AND NCOP CHAIRPERSON FOR SUBJECT OF DISCUSSION
                         (Draft Resolution)

Mnr M J R DE VILLIERS: Voorsitter, ek stel sonder kennisgewing voor:

Dat die Raad die Swepeforum en die Voorsitter van die Nasionale Raad van Provinsies bedank vir die belangrike en noodsaaklike onderwerp vir debattering vandag in die Raad. (Translation of Afrikaans draft resolution follows.)

[Mr M J R DE VILLIERS: Chairperson, I move without notice:

That the Council thank the Whips’ Forum and the Chairperson of the National Council of Provinces for the important and essential subject for discussion in the Council today.

Motion agreed to in accordance with section 65 of the Constitution.]

           NATIONAL COUNCIL OF PROVINCES VISIT TO LIMPOPO

                         (Draft Resolution)

The CHIEF WHIP OF THE COUNCIL: Chairperson, on behalf of the Chairperson of the Council, I move:

That, in terms of Rule 21(2) and in the interests of enhancing public participation, conducting oversight and providing a platform for consideration of issues affecting provinces as provided for in section 42(4) and 72(1) of the Constitution of the Republic of South Africa, 1996 -

(1) the Council resolves to, from 23 to 26 March 2010, conduct public hearings, hold meetings, conduct oversight visits and sit in plenary in the province of Limpopo on 25 and 26 March 2010, at 17:00 and 09:30 respectively, until the conclusion of business on those days; and

(2) the Council notes that the estimated cost of effecting the change in venue and maintaining it for the specified period will be R5 000 000.

The HOUSE CHAIRPERSON (Mr R J Tau): As there is no speaker’s list, I shall now put the question. The question is that the motion be agreed to. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the Chamber, which they are. In accordance with Rule 71, I shall first allow provinces an opportunity to make their declarations of vote, if they so wish. Is there any province that wants to make a declaration of vote?

Declaration of vote:

Mr T HARRIS: Chairperson, I would like to declare that the Western Cape will be voting in support of this motion, but in future we would like to see whether we can find ways of spending less than R5 million.

The HOUSE CHAIRPERSON (Mr R J Tau): Come again, hon member from the Western Cape.

Mr T HARRIS: Chairperson, the Western Cape will be voting in favour of the motion, but in future we would like to see ways where we could save money.

IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.

Motion accordingly agreed to in accordance with section 65 of the Constitution.

MISCONDUCT OF SECRETARY TO THE NCOP AND ACTING SECRETARY TO THE NCOP TO CONTINUE IN SUCH CAPACITY (Draft Resolution)

The CHIEF WHIP OF THE COUNCIL: Chairperson, I move:

That the Council –

 1) notes that Adv Lulama Matyolo-Dube was  recently  found  guilty  on
    four charges relating to financial misconduct;


 2) expresses its displeasure at the fact that Adv Lulama  Matyolo-Dube
    betrayed the trust placed in her by this  House,  thereby  bringing
    the Council in particular and Parliament in general into disrepute;

 3) accepts that a vacancy exists in the Office of the Secretary to the
    Council; and

 4) agrees that until such time that a Secretary  to  the  Council  has
    been appointed, Adv Modibedi Eric  Phindela  continues  to  act  as
    Secretary to the Council.

Mr R A LEES: Mr Chairman …

The HOUSE CHAIRPERSON (Mr R J Tau): Are you objecting already?

Mr R A LEES: No, I have a point of order, Mr Chairman. Mr Chairman, I would just like to know when notice of this motion was given, because I don’t see it on the Order Paper. Should it not have been dealt with as a motion without notice?

The CHIEF WHIP OF THE NCOP: Chairperson, I wonder whether the hon member was in the House when I first moved another motion. This was covered before the debate. Was he in the House? We must use our listening skills properly.

Question put: That the motion be agreed to.

IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.

Motion accordingly agreed to in accordance with section 65 of the Constitution.

The Council adjourned at 17:07. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

                      THURSDAY 19 NOVEMBER 2009

ANNOUNCEMENTS National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Classification of Bills by Joint Tagging Mechanism (JTM)

(1)    The JTM in terms of Joint Rule 160(6) classified the following
     Bill as a section 75 Bill:

      a) South African Postbank Bill [B 14 – 2009] (National Assembly –
         sec 75).

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of International Relations and Co-operation

   (a) Amendments to the Convention on Prohibitions or Restrictions on the use of Certain Conventional Weapons which may be deemed to be excessively Injurious or to have Indiscriminate effects (CCW), tabled in terms of section 231(2) of the Constitution of the Republic of South Africa, 1996.

   (b) Explanatory Memorandum to the Convention on Prohibitions or Restrictions on the use of Certain Conventional Weapons which may be deemed to be excessively Injurious or to have Indiscriminate effects, also known as the Certain Conventional Weapons Convention (CCW).

2. The Minister of Justice and Constitutional Development

   (a) Report and Financial Statements of the Represented Political Parties’ Fund for 2008-09, including the Report of the Auditor- General on the Financial Statements for 2008-09 [RP 248-2009].

   (b) Report on Monies in Trust kept in the Guardian’s Fund for 2008- 09, including the Report of the Auditor-General on Monies in Trust kept in the Guardian’s Fund for 2008-09 [RP 230-2009].

                     FRIDAY, 27 NOVEMBER 2009
   

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Assent by President in respect of Bills

   1) Local Government: Municipal Property Rates Amendment Bill [B 12 – 2009] – Act No 19 of 2009 (assented to and signed by President on 24 November 2009).

National Council of Provinces

The Chairperson

1. Referral to Committees of papers tabled

   1. The following paper is referred to the Select Committee on Social Services for consideration:

   (a)      Strategic Plan of the Department of Health for 2009/10 –
   2011/12.
   

   1. The following papers are referred to the Select Committee on Finance and Appropriations:

     a) Explanatory Memorandum on the Appropriation Bill, 2009:
        Preliminary outline on Inter-Departmental Function Shifts – 10
        June 2009.
   
   
     b) Government Notice No R.685 published in Government Gazette No
        32322 dated 19 June 2009: Amendment of Schedule No 3 (No
        3/644), in terms of the Customs and Excise Act, 1964 (Act No 91
        of 1964).
   
   
   (c)      Government Notice No R.686 published in Government Gazette
        No 32322 dated 19 June  2009: Amendment of Schedule No 4 (No
        4/317), in terms of the Customs and Excise Act, 1964 (Act No 91
        of 1964).
   
   
   (d)      Agreement between the Government of the Republic of South
        Africa and the Government of the Federal Republic of Germany
        concerning Financial Co-operation in 2006, tabled in terms of
        Section 231(3) of the Constitution of the Republic of South
        Africa, 1996
   
     e) Explanatory Memorandum on the Financial Co-operation between
        the Republic of South Africa and the Federal Republic of
        Germany.
   
   
   (f)      Agreement between the Government of the Republic of South
        Africa and the Government of the Federal Republic of Germany
        concerning Financial Co-operation in 2008, tabled in terms of
        Section 231(3) of the Constitution of the Republic of South
        Africa, 1996.
   
   
   (g)      Explanatory Memorandum on the Financial Co-operation
        between the Republic of South Africa and the Federal Republic
        of Germany.
   
   
   (h)      Government Notice No 697 published in Government Gazette
        No 32344 dated 26 June 2009: Determination of interest rate for
        purposes of paragraph (a) of the definition of “official rate
        of interest” in paragraph 1 of the Seventh Schedule to the Act,
        in terms of the Income Tax Act, 1962 (Act No 58 of 1962).
   

   1. The following paper is referred to the Select Committee on Finance and Appropriations for consideration and report:

   (a)      Annual Report of the Bank Supervision Department of the
        South African Reserve Bank for 2008.
   

   1. The following papers are referred to the Select Committee on Trade and International Relations:

   (a)      Government Notice No 380 published in Government Gazette
        No 32067 dated 3 April 2009: Introduction of a compulsory
        specification for preservative treatment of timber, in terms of
        the National Regulator for Compulsory Specification Act, 2008
        (Act No 5 of 2008).
   
   (b)      Government Notice No 559 published in Government Gazette
        No 32233 dated 22 May 2009: Standards matters, in terms of the
        Standards Act, 2008 (Act No 8 of 2008).
   
   
   (c)      Government Notice No 560 published in Government Gazette
        No 32233 dated 22 May 2009: Standards matters, in terms of the
        Standards Act, 2008 (Act No 8 of 2008).
   
   
   (d)      Government Notice No 596 published in Government Gazette
        No 32253 dated 29 May 2009: Application for an exemption in
        terms of Part A of Schedule 1: Health Professions Council of
        South Africa, in terms of the Competition Act, 2008 (Act No 89
        of 1998).
   
   
   (e)      Government Notice No 743 published in Government Gazette
        No 32396 dated 17 July 2009: Standards matters in terms of the
        Standards Act, 2008 (Act No 8 of 2008).
   
   
   (f)      Government Notice No 780 published in Government Gazette
        No 32443 dated 31 July 2009: Standards matters in terms of the
        Standards Act, 2008 (Act No 8 of 2008).
   
   
     g) Government Notice No 782 published in Government Gazette No
        32443 dated 31 July 2009: Proposed amendment to the compulsory
        specification  for motor vehicles of category N1 in terms of
        the National Regulator for Compulsory Specifications Act, 2008
        (Act No 5 of 2008).
   
   
     h) Government Notice No 783 published in Government Gazette No
        32443 dated 31 July 2009: Proposed amendment to the compulsory
        specification  for replacement brake lining assemblies for road
        vehicles in terms of  the National Regulator for Compulsory
        Specifications Act, 2008 (Act No 5 of 2008).
   
   
     i) Government Notice No 784 published in Government Gazette No
        32443 dated 31 July 2009: Proposed introduction of a
        compulsory specification  for single capped fluorescent lamps
        in terms of the National Regulator for Compulsory
        Specifications Act, 2008 (Act No 5 of 2008).
   
   
     j) Government Notice No 785 published in Government Gazette No
        32443 dated 31 July 2009: Proposed introduction of a compulsory
        specification  for  motor vehicles of category L in terms of
        the National Regulator for Compulsory Specifications Act, 2008
        (Act No 5 of 2008).
   
     k) Government Notice No 786 published in Government Gazette No
        32443 dated 31 July 2009: Proposed amendment to the compulsory
        specification  for  motor vehicles of category M1 in terms of
        the National Regulator for Compulsory Specifications Act, 2008
        (Act No 5 of 2008).
   
     l) Government Notice No 787 published in Government Gazette No
        32443 dated 31 July 2009: Correction Notice: Compulsory
        specification  for  lamp controlgear in terms of the National
        Regulator for Compulsory Specifications Act, 2008 (Act No 5 of
        2008).
   
     m) Government Notice No 788 published in Government Gazette No
        32443 dated 31 July 2009: Correction Notice: Compulsory
        specification  for  electrical and electronic apparatus in
        terms of the National Regulator for Compulsory Specifications
        Act, 2008 (Act No 5 of 2008).
   
     n) Government Notice No 810 published in Government Gazette No
        32467 dated 31 July 2009: Broad-Based Black Economic
        Empowerment in terms of section 14 of the Broad-Based Black
        Economic Empowerment Act, 2003 (Act No 53 of 2003).
   

   1. The following paper is referred to the Select Committee on Finance and Appropriations for consideration and to the Select Committee on Cooperative Governance and Traditional Affairs:

     a) Report of the Auditor-General on audit outcomes of local
        government for the year ended 2007-2008 [RP 110/2009].
   

   1. The following paper is referred to the Select Committee on Finance and Appropriations: (a) Government Notice No R.712 published in Government Gazette No 32357 dated 1 July 2009: Regulations in terms of section 86 of the Cooperative Banks Act, 2007 (Act No 40 of 2007).

   2. The following papers are referred to the Select Committee on Finance for consideration:

   (a)      Proclamation No R.20 published in Government Gazette No
        32130 dated 2 April 2009: Commencement of the Constitution
        Sixteenth Amendment Act, 2008.
   
     b) Proclamation No R.21 published in Government Gazette No 32091
        dated 2 April 2009: Commencement of the Constitution Fourteenth
        Amendment Act, 2009.
   
     c) Proclamation No R.22 published in Government Gazette No 32091
        dated 2 April 2009: Commencement of the Constitution Fifteenth
        Amendment Act, 2009.
   
     d) Proclamation No R.23 published in Government Gazette No 32091
        dated 2 April 2009: Commencement of the General Laws (Loss of
        Membership of National Assembly, Provincial Legislature or
        Municipal Council) Amendment Act, 2008 (Act No 55 of 2008).
   
     e) Proclamation No R.24 published in Government Gazette No 32091
        dated 2 April 2009: Amendment of Regulations of Public Funding
        of Represented Political Parties Act, 1997 (Act No 103 of
        1997).
   
   (f)      Government Notice No R. 724  published in Government
        Gazette No 32371 dated 10 July 2009: Amendment of Schedule No 1
        (No 1/1/1380), in terms of the Customs and Excise Act, 1964
        (Act No 91 of 1964).
   
   
   (g)      Government Notice No R.725 published in Government Gazette
        No 32371 dated 10 July 2009: Amendment of Schedule No 3 (No
        3/645), in terms of the Customs and Excise Act, 1964 (Act No 91
        of 1964).
   
   (h)      Government Notice No R. 749 published in Government
        Gazette No 32406 dated 15 July 2009: Amendment of Schedule No.
        2 (No.2/318) in terms of the    Customs and Excise Act, 1964
        (Act No 91 of 1964).
   
   
   (i)      Government Notice No R. 762  published in Government
        Gazette No 32416 dated 24 July 2009: Amendment of Schedule No 1
        (No 1/1/1381), in terms of the Customs and Excise Act, 1964
        (Act No 91 of 1964).
   
   
   (j)      Government Notice No R. 763 published in Government
        Gazette No 32416 dated 24 July 2009: Amendment of Schedule No 3
        (No 3/646), in terms of the Customs and Excise Act, 1964 (Act
        No 91 of 1964).
   
   
   (k)      Government Notice No R.764 published in Government Gazette
        No 32416 dated 24 July 2009: Amendment of Schedule No 4 (No
        4/318), in terms of the Customs and Excise Act, 1964 (Act No 91
        of 1964).
   
   
   (l)      Government Notice No R. 765 published in Government
        Gazette No 32416 dated 24 July 2009: Amendment of Schedule No 6
        (No 6/15), in terms of the Customs and Excise Act, 1964 (Act No
        91 of 1964).
   
   
   (m)      Government Notice No R. 766 published in Government
        Gazette No 32416 dated 24 July 2009: Amendment in terms of the
        Value-Added Act, 1991 (Act No 89 of 1991).
   
   
   (n)      Government Notice No R. 793 published in Government
        Gazette No 32444 dated 31 July 2009: Amendment of Schedule No 1
        (No 1/1/1382), in terms of the Customs and Excise Act, 1964
        (Act No 91 of 1964).
   
   
   (o)      Government Notice No R. 795 published in Government
        Gazette No 32444 dated 31 July 2009: Amendment of Schedule No 2
        (No 2/319), in terms of the Customs and Excise Act, 1964 (Act
        No 91 of 1964).
   
   
   (p)      Government Notice No R.832 published in Government Gazette
        No 32484 dated 14 August 2009: Amendment of Schedule No 1 (No
        1/1/1383), in terms of the Customs and Excise Act, 1964 (Act No
        91 of 1964).
   
     q) Government Notice No R.833 published in Government Gazette No
        32484 dated 14 August 2009: Amendment of Schedule No 1 (No
        1/1/1384), in terms of the Customs and Excise Act, 1964 (Act No
        91 of 1964).
   
   
     r) Government Notice No R.834 published in Government Gazette No
        32484 dated 14 August 2009: Amendment of Schedule No 4 (No
        4/319), in terms of the Customs and Excise Act, 1964 (Act No 91
        of 1964).
   
     s) Government Notice No R.835 published in Government Gazette No
        32484 dated 14 August 2009: Amendment of Schedule No 1 (No
        1/1/1385), in terms of the Customs and Excise Act, 1964 (Act No
        91 of 1964).
   
     t) Government Notice No R.836 published in Government Gazette No
        32484 dated 14 August 2009: Amendment of Schedule No 3 (No
        3/648), in terms of the Customs and Excise Act, 1964 (Act No 91
        of 1964).
   
     u) Government Notice No R.837 published in Government Gazette No
        32484 dated 14 August 2009: Amendment of Schedule No 4 (No
        4/320), in terms of the Customs and Excise Act, 1964 (Act No 91
        of 1964).
   

   1. The following paper is referred to the Select Committee on Finance and Appropriation for consideration and to the Select Committee on Land and Environmental Affairs for report:

   (a)      Report of the Auditor-General on a performance audit of
        the handling of confiscated abalone at the Department of
        Environmental Affairs and Tourism [RP 116-2009].
   

   1. The following paper is referred to the Select Committee on Labour and Public Enterprises for consideration: (a) Strategic Plan of the Department of Labour for 2009 - 2012 [RP 30-2009].

   2. The following papers are referred to the Select Committee on Land and Environmental Affairs for consideration:

   (a)      2008-2009 Yearly Report to Parliament in terms of section
        26(1) of the National Environmental Management Act (NEMA), 1998
        (Act No 107 of 1998).
   

   1. The following papers are referred to the Select Committee on Finance and Appropriations and to the Select Committee on Trade and International Relations:

    a) Government Notice No 1103 published in Government Gazette No
       32489, dated 14 August 2009: Draft Preferential Procurement
       Regulations, 2009: For public comment in terms of section 5 of
       the Preferential Procurement Policy Framework Act, 2000 (Act No
       5 of 2000).
     b) Financing Agreement between the European Community and the
        Republic of South Africa concerning the Trade Development
        Cooperation Agreement Facility, tabled in terms of section
        231(3) of the Constitution of the Republic of South Africa,
        1996.
   
     c) Explanatory Memorandum to the Financing Agreement between the
        European Community and the Republic of South Africa concerning
        the Trade Development Cooperation Agreement Facility.
   
     d) Agreement between the African Development Bank and the African
        Development Fund and the Government of the Republic of South
        Africa regarding the Establishment of the Regional Office of
        the African Development Bank and the African Development Fund
        on the Territory of the Republic of South Africa, tabled in
        terms of section 231(3) of the Constitution, 1996.
   
    e) Explanatory Memorandum to the Agreement between the African
       Development Bank and the African Development Fund and the
       Government of the Republic of South Africa regarding the
       Establishment of the Regional Office of the African Development
       Bank and the African Development Fund on the Territory of the
       Republic of South Africa.
   

   1. The following papers are referred to the Select Committee on Finance and Appropriations and to the Select Committee on Labour and Public Enterprises:

      a) Financing Agreement between the European Community and the Republic of South Africa concerning Employment Creation and Sector Policy Support to the Economic Cluster Programme of Action, tabled in terms of section 231(3) of the Constitution of the Republic of South Africa, 1996.

      b) Explanatory Memorandum to the Financing Agreement between the European Community and the Republic of South Africa concerning Employment Creation and Sector Policy Support to the Economic Cluster Programme of Action.

   2. The following papers are referred to the Select Committee on Finance and Appropriations and the Select Committee on Security and Constitutional Development: (a) Financing Agreement between the European Community and the Republic of South Africa concerning the Legislative Sector Policy Support Programme [SA/006/07], tabled in terms of section 231(3) of the Constitution of the Republic of South Africa, 1996.

      (b) Explanatory Memorandum to the Financing Agreement between the European Community and the Republic of South Africa concerning the Legislative Sector Policy Support Programme.

      c) Financing Agreement between the European Community and the Republic of South Africa concerning Access to Justice and Promotion of Constitutional Rights, tabled in terms of section 231(3) of the Constitution of the Republic of South Africa, 1996.

      d) Explanatory Memorandum to the Financing Agreement between the European Community and the Republic of South Africa concerning Access to Justice and Promotion of Constitutional Rights.

   3. The following papers are referred to the Select Committee on Security and Constitutional Development:

     a) Proclamation No 45 published in Government Gazette No 32380
        dated 3 July 2009: Commencement of the National Prosecuting
        Authority Amendment Act, 2008 (Act No. 56 of 2008).
   
   (b)      Proclamation No 46 published in Government Gazette No
        32380 dated 3 July 2009: Determination of fixed date under
        section 43A of the National Prosecuting Authority Act, 1998
        (Act No 32 of 1998).
   

   1. The following paper is referred to the Select Committee on Land and Environmental Affairs for consideration and report and the Select Committee on Finance and Appropriations in accordance with its mandate:

    (a)     Report and Financial Statements of the Land Bank for 2008-
        2009, including the Report of the Auditor-General on the Group
        Financial Statements of the Land and Agricultural Development
        Bank of South Africa for 2008-2009 and the Performance
        Information [RP 143-2009].
   

   1. The following papers are referred to the Select Committee on Labour and Public Enterprises for consideration and report:

      (a) Report and Financial Statements of Transnet Ltd and the Group 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 Broadband Infraco (Pty) Limited 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 South African Express Airways (Proprietary) Limited for 2008-2009, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2008-2009.

      (d) Report and Financial Statements of Productivity SA for 2008-2009, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2008-2009 [RP 139-2009].

   2. The following papers are referred to the Select Committee on Security and Constitutional Development for consideration and report:

     a) Proclamation No 16 published in the Government Gazette No
        31017 dated 7 May 2008: Notification by President in respect
        of entities involved in terrorist and related activities
        identified by the United Nations Security Council, made in
        terms of section 25 of the Protection of Constitutional
        Democracy Against Terrorist and Related Activities, 2004 (Act
        No 33 of 2004), tabled in terms of section 26 of the Act.
   
   
     b) Proclamation No 18 published in the Government Gazette No
        31034 dated 9 May 2008: Notification by President in respect
        of entities involved in terrorist and related activities
        identified by the United Nations Security Council, made in
        terms of section 25 of the Protection of Constitutional
        Democracy Against Terrorist and Related Activities, 2004 (Act
        No 33 of 2004), tabled in terms of section 26 of the Act.
   
   
     c) Proclamation No 20 published in the Government Gazette No 31136
        dated 10 June 2008: Notification by President in respect of
        entities involved in terrorist and related activities
        identified by the United Nations Security Council, made in
        terms of section 25 of the Protection of Constitutional
        Democracy Against Terrorist and Related Activities, 2004 (Act
        No 33 of 2004), tabled in terms of section 26 of the Act.
   
   
     d) Proclamation No 21 published in the Government Gazette No
        31179 dated 25 June 2008: Notification by President in respect
        of entities involved in terrorist and related activities
        identified by the United Nations Security Council, made in
        terms of section 25 of the Protection of Constitutional
        Democracy Against Terrorist and Related Activities, 2004 (Act
        No 33 of 2004), tabled in terms of section 26 of the Act.
   
   
     e) Proclamation No 31 published in the Government Gazette No 31309
        dated 8 August 2008: Notification by President in respect of
        entities involved in terrorist and related activities
        identified by the United Nations Security Council, made in
        terms of section 25 of the Protection of Constitutional
        Democracy Against Terrorist and Related Activities, 2004 (Act
        No 33 of 2004), tabled in terms of section 26 of the Act.
   
     f) Proclamation No 38 published in the Government Gazette No 31416
        dated 12 September 2008: Notification by President in respect
        of entities involved in terrorist and related activities
        identified by the United Nations Security Council, made in
        terms of section 25 of the Protection of Constitutional
        Democracy Against Terrorist and Related Activities, 2004 (Act
        No 33 of 2004), tabled in terms of section 26 of the Act.
   
     g) Proclamation No 58 published in the Government Gazette No
        31748 dated 30 December 2008: Notification by President in
        respect of entities involved in terrorist and related
        activities identified by the United Nations Security Council,
        made in terms of section 25 of the Protection of
        Constitutional Democracy Against Terrorist and Related
        Activities, 2004 (Act No 33 of 2004), tabled in terms of
        section 26 of the Act.
   
     h) Proclamation No 59 published in the Government Gazette No
        31748 dated 30 December 2008: Notification by President in
        respect of entities involved in terrorist and related
        activities identified by the United Nations Security Council,
        made in terms of section 25 of the Protection of
        Constitutional Democracy Against Terrorist and Related
        Activities, 2004 (Act No 33 of 2004), tabled in terms of
        section 26 of the Act.
   
     i) Proclamation No 60 published in the Government Gazette No
        31748 dated 30 December 2008: Notification by President in
        respect of entities involved in terrorist and related
        activities identified by the United Nations Security Council,
        made in terms of section 25 of the Protection of
        Constitutional Democracy Against Terrorist and Related
        Activities, 2004 (Act No 33 of 2004), tabled in terms of
        section 26 of the Act.
   
     j) Proclamation No 61 published in the Government Gazette No
        31748 dated 30 December 2008: Notification by President in
        respect of entities involved in terrorist and related
        activities identified by the United Nations Security Council,
        made in terms of section 25 of the Protection of
        Constitutional Democracy Against Terrorist and Related
        Activities, 2004 (Act No 33 of 2004), tabled in terms of
        section 26 of the Act.
   
   
     k) Proclamation No 5 published in the Government Gazette No 31835
        dated 3 February 2009: Notification by President in respect of
        entities involved in terrorist and related activities
        identified by the United Nations Security Council, made in
        terms of section 25 of the Protection of Constitutional
        Democracy Against Terrorist and Related Activities, 2004 (Act
        No 33 of 2004), tabled in terms of section 26 of the Act.
   
   
     l) Proclamation No 6 published in the Government Gazette No 31835
        dated 3 February 2009: Notification by President in respect of
        entities involved in terrorist and related activities
        identified by the United Nations Security Council, made in
        terms of section 25 of the Protection of Constitutional
        Democracy Against Terrorist and Related Activities, 2004 (Act
        No 33 of 2004), tabled in terms of section 26 of the Act.
   
   
     m) Proclamation No 7 published in the Government Gazette No 31835
        dated 3 February 2009: Notification by President in respect of
        entities involved in terrorist and related activities
        identified by the United Nations Security Council, made in
        terms of section 25 of the Protection of Constitutional
        Democracy Against Terrorist and Related Activities, 2004 (Act
        No 33 of 2004), tabled in terms of section 26 of the Act.
   
   
     n) Proclamation No 4 published in the Government Gazette No 31834
        dated 4 February 2009: Notification by President in respect of
        entities involved in terrorist and related activities
        identified by the United Nations Security Council, made in
        terms of section 25 of the Protection of Constitutional
        Democracy Against Terrorist and Related Activities, 2004 (Act
        No 33 of 2004), tabled in terms of section 26 of the Act.
   
    (o)     Report and Financial Statements of the Office of the
        Public Protector for 2008-2009, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information for 2008-2009 [RP 159- 2009].
   
   
    (p)     Report and Financial Statements of the Legal Aid Board for
        2008-2009, including the Report of the Auditor-General on the
        Financial Statements and Performance Information for 2008-2009
        [RP 112-2009].
   
   
    (q)     Report and Financial Statements of the Special
        Investigating Unit (SIU) for 2008-2009, including the Report of
        the Auditor-General on the Financial Statements and Performance
        Information for 2008-2009 [RP 214-2009].
   
   
    (r)     Report and Financial Statements of the National
        Prosecuting Authority (NPA) for 2008-2009, including the Report
        of the Auditor-General on the Financial Statements and
        Performance Information for 2008-2009 [RP 116-2009].
   
    (s)     Report and Financial Statements of the Council for Debt
        Collectors for 2008-2009, including the Report of the
        Independent Auditors on the Financial Statements and
        Performance Information for 2008-2009.
   
   
    (t)     Register of Debt Collectors in terms of section 12(1) of
        the Debt Collectors Act, 1998 (Act No 114 of 1998).
   

   1. The following papers are referred to the Select Committee on Security and Constitutional Development for consideration: (a) Code of Good Administrative Conduct in terms of the Promotion of Administrative Justice Act, 2000 (Act No 3 of 2000).

    (b)     Report on the Review of the Organisation and Post
        Establishment of the Office of the Public Protector during
        2008/2009.
   

   1. The following paper is referred to the Select Committee on Security and Constitutional Development:

      a) The Acting President of the Republic submitted a letter dated 15 July 2009 to the Chairperson of the National Council of Provinces, informing Members of the Council of the employment of the SA National Defence Force for service in co-operation with the South African Police Service in the prevention and combating of crime and maintenance of law and order within the Republic of South Africa during the FIFA Confederations Cup Event, the FIFA World Cup Draw Event and the FIFA World Cup Team Workshop and Medical Conference.

   2. The following paper is referred to the Select Committee on Finance and Appropriations for consideration and report:

     a) Report and Financial Statements of the Office of the Auditor-
        General for 2008-2009, including the Report of the Independent
        Auditors on the Financial Statements and Performance
        Information for 2008-2009 [RP 173-2009].
   

   1. The following papers are referred to the Select Committee on Land and Environmental Affairs for consideration and report:

    (a)     Report and Financial Statements of Vote 25 – Department of
        Environmental Affairs and Tourism for 2008-2009, including the
        Report of the Auditor-General on the Financial Statements and
        Performance Information of Vote 25 for 2008-2009 [RP 149-
        2009].
   
    (b)     Report and Financial Statements of the Marine Living
        Resources Fund (MLRF) for 2008-2009, including the Report of
        the Auditor-General on the Financial Statements and
        Performance Information for 2008-2009 [RP 131-2009].
   
   
    (c)     Report and Financial Statements of South African Tourism
        for 2008-2009, including the Report of the Auditor-General on
        the Financial Statements and Performance Information for 2008-
        2009.
   
    (d)     Report and Financial Statements of the South African
        Weather   Service  for 2008-2009, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information for 2008-2009 [RP 107-2009].
   
    (e)     Report and Financial Statements of the iSimangaliso
        Wetland Park for 2008-2009, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information for 2008-2009.
   

   1. The following papers are referred to the Select Committee on Public Services for consideration and report:

    (a)     Report and Financial Statements of the Rural Housing Loan
        Fund (RHLF) 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 Social Housing
        Foundation (SHF) for 2008-2009, including the Report of the
        Independent Auditors on the Financial Statements and
        Performance Information for 2008-2009.
   
   
    (c)     Annual Review of the National Urban Reconstruction and
        Housing Agency (NURCHA) for 2008-2009. 23.     The following paper is referred to the Select Committee on
     Finance and Appropriations for consideration and report:
   
   
    (a)     Report and Financial Statements of the Development Bank of
        Southern Africa (DBSA) for 2008-2009, including the Report of
        the Independent Auditors on the Financial Statements and
        Performance Information for 2008-2009 and the Report and
        Financial Statements of the Development Bank of Southern
        Africa Development Fund for 2008-2009, including the Report of
        the Independent Auditors on the Financial Statements and
        Performance Information of the Development Fund for 2008-2009.
   

   1. The following papers are referred to the Select Committee on Trade and International Relations for consideration and report:

    (a)     Report and Financial Statements of the South African
        Diamond and Precious Metals Regulator for 2008-2009, including
        the Report of the Auditor-General on the Financial Statements
        and Performance Information for 2008-2009 [RP 132-2009].
   
    (b)     Report and Financial Statements of the National Nuclear
        Regulator (NNR) for 2008-2009, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information for 2008-2009 [RP 36-2009].
   
    (c)     Report and Financial Statements of South African Bureau of
        Standards (SABS) for 2008-2009, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information for 2008-2009 [RP 142-2009].
    (d)     Report and Financial Statements of Export Credit Insurance
        Corporation of South Africa Limited for 2008-2009, including
        the  Report of the Independent Auditors on the Financial
        Statements and Performance Information for 2008-2009.
   
     e) Report and Financial Statements of the National Credit
        Regulator (NCR) for 2008-2009, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information for 2008-2009 [RP 154-2009].
   
   
    (f)     Report and Financial Statements of the Industrial
        Development Corporation of South Africa Limited (IDC) for 2008-
        2009, including the Report of the Independent Auditors on the
        Financial Statements and Performance Information for 2008-
        2009.
    (g)     Report and Financial Statements of the National Lotteries
        Board for 2008-2009, including the Report of the Auditor-
        General on the Financial Statements and Performance
        Information for 2008-2009.
   
   
    (h)     Report and Financial Statements of the National Gambling
        Board (NGB) for 2008-2009, including the Report of the Auditor-
        General on the Financial Statements and Performance
        Information for 2008-2009 [RP 174-2009].
   
    (i)     Report and Financial Statements of the South African
        National Accreditation System (SANAS) for 2008-2009, including
        the Report of the Independent Auditors on the Financial
        Statements and Performance Information for 2008-2009 [RP 168-
        2009].
   
   
     j) Report and Financial Statements of Khula Enterprise Finance
        Limited for 2009-2009, including the Report of the Independent
        Auditors on the Financial Statements and Performance
        Information for 2008-2009 [RP 128-2009].
   
    (k)     Report and Financial Statements of the National
        Empowerment Fund for 2008-2009, including the Report of the
        Independent Auditors on the Financial Statements and
        Performance Information for 2008-2009 [RP 205-2009].
   
   
     l) Report and Financial Statements of the Competition Tribunal
        for 2008-2009, including the Report of the Auditor-General on
        the Financial Statements and Performance information for 2008-
        2009 [RP 196-2009].
   
     m) Report and Financial Statements of the National Metrology
        Institute of South Africa for 2008-2009, including the Report
        of the Independent Auditors on the Financial Statements and
        Performance Information for 2008-2009 [RP 144-2009].
   
    (n)     Report and Financial Statements of the Small Enterprise
        Development Agency for 2008-2009, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information for 2008-2009.
   
    (o)     Report and Financial Statements of the Estate Agency
        Affairs Board for 2008-2009, including the Report of the
        Independent Auditors on the Financial Statements and
        Performance Information for 2008-2009.
   
    (p)     Report and Financial Statements of the International Trade
        Administration Commission of South Africa for 2008-2009,
        including the Report of the Auditor-General on the Financial
        Statements and Performance Information for 2008-2009 [RP 213-
        2009].
   
    (q)     Report and Financial Statements of the South African Micro-
        finance Apex Fund for 2008-2009, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information for 2008-2009 [RP 113-2009].
   

   1. The following papers are referred to the Select Committee on Labour and Public Enterprises for consideration and report:

     a) Report and Financial Statements of Department of Labour – Vote
        15 for 2008-2009, including the Report of the Auditor-General
        on the Financial Statements and Performance Information of
        Vote 15 for 2008-2009 and the Report of the Auditor-General on
        the Financial Statements and Performance Information of the
        Sheltered Employment Factories for 2008-2009 [RP 77-2009].
   
   
     b) Report and Financial Statements of the Compensation Fund for
        2008-2009, including the Report of the Auditor-General on the
        Financial Statements and Performance Information for 2008-2009
        [RP 81-2009].
   
   
     c) Report and Financial Statements of the Commission for
        Conciliation, Mediation and Arbitration (CCMA) for 2008-2009,
        including the Report of the Auditor-General on the Financial
        Statements and Performance Information for 2008-2009 [RP 33-
        2009].
   
   
   (d)      Report and Financial Statements of the National Economic
        Development and Labour Council (NEDLAC) for 2008-2009,
        including the Report of the Independent Auditors on the
        Financial Statements for 2008-2009.
   
   
   (e)      Report and Financial Statements of Department of Public
        Enterprises – Vote 30 for 2008-2009, including the Report of
        the Auditor-General on the Financial Statements and
        Performance Information of Vote 30 for 2008-2009 [RP 206-
        2009].
   
   
   (f)      Report and Financial Statements of the Unemployment
        Insurance Fund (UIF) for 2008-2009, including the Report of
        the Auditor-General on the Financial Statements and
        Performance Information for 2008-2009 [RP 82-2009].
   (g)      Report and Financial Statements of the Media Development
        and Diversity Agency (MDDA) for 2008-2009, including the
        Report of the Auditor-General on the Financial Statements and
        Performance Information for 2008-2009.
   
   
   (h)      Report and Financial Statements of Eskom Holdings Limited
        for 2008-2009, including the Report of the Independent
        Auditors on the Financial Statements and Performance
        Information for 2008-2009.
   
   
   (i)      Report and Financial Statements of Sentech Limited for
        2008-2009, including the Report of the Independent Auditors on
        the Financial Statements and Performance Information for 2008-
        2009.
   
   
   (j)      Report and Financial Statements of Denel (Proprietary)
        Limited for 2008-2009, including the Report of the Independent
        Auditors on the Financial Statements and Performance
        Information for 2008-2009.
   

   1. The following paper is referred to the Select Committee on Cooperative Governance and Traditional Affairs for consideration:

     a) Strategic Plan of the Department of Public Service and
        Administration for 2009-2012.
   

   1. The following paper is referred to the Select Committee on Cooperative Governance and Traditional Affairs for consideration and report:

   (a)      Report and Financial Statements of Public Administration
        Leadership and Management Academy (Palama) Vote 10 for 2008-
        2009, including the Report of the Auditor-General on the
        Financial Statements and Performance Information of Vote 10 for
        2008-2009 [RP 187-2009].
   

   1. The following papers are referred to the Select Committee on Land and Environmental Affairs:

     a) Notice No 748 published in Government Gazette No 32404 dated 14
        July 2009: National Environmental Management: Protected Areas
        Amendment Act, 2009 (Act No 15 of 2009).
   
   
     b) General Notice No 964 published in Government Gazette No 32394
        dated 15 July 2009: Draft Model Air Quality Management By-law
        for adoption and adaptation by municipalities in terms of the
        National Environmental Management: Air Quality Act, 2004 (Act
        No 39 of 2004).
   
     c) General Notice No 756 published in Government Gazette No 32426
        dated 20 July 2009: Marking of rhinoceros horn and hunting of
        white rhinoceros for trophy hunting purposes in terms of the
        National Environmental Management: Biodiversity Act, 2004 (Act
        No 10 of 2004).
   
     d) Government Notice No 777 published in Government Gazette No
        32439 dated 24 July 2009: National Policy in Thermal Treatment
        of General and Hazardous Waste in terms of the National
        Environmental Management: Waste Act, 2008 (Act No 59 of  2008).
   
     e) General Notice No 1001 published in Government Gazette No 32434
        dated 24 July 2009: List of Activities which result in
        Atmospheric emissions which have or may have a significant
        detrimental effect on the environment, including health, social
        conditions, economic conditions, ecological conditions or
        cultural heritage in terms of the National Environmental
        Management: Air Quality Act, 2004 (Act No 39 of 2004).
   

   1. The following papers are referred to the Select Committee on Education and Recreation for consideration and report:

   (a)      Report and Financial Statements of the Department of
        Education Vote 13 for 2008-2009, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information of Vote 13 for 2008-2009 [RP 191-2009].
   
   
     b) Report and Financial Statements of the Education Labour
        Relations Council for 2008-2009, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information of the Transformation Fund of the Education Labour
        Relations Council for 2008-2009 [RP 176-2009].
   
     c) Report and Financial Statements of the Council for Quality
        Assurance in General and Further Education and Training -
        UMALUSI for 2008-2009, including the Report of the Independent
        Auditors on the Financial Statements and Performance
        Information for 2008-2009.
   (d)      Report and Financial Statements of the South African
        Qualifications Authority for 2008-2009, including the Report of
        the Auditor-General on the Financial Statements and Performance
        Information for 2008-2009 [RP 66-2009].
   
   
   (e)      Report and Financial Statements of the Tshumisano Trust
        for 2008-2009, including the Report of the Independent Auditors
        on the Financial Statements and Performance Information for
        2008-2009.
   
   (f)      Report and Financial Statements of the Council for
        Scientific and Industrial Research (CSIR) for 2008-2009,
        including the Report of the Auditor-General on the Financial
        Statements and Performance Information for 2008-2009 [RP 117-
        2009].
   

   1. The following papers are referred to the Select Committee on Labour and Public Enterprises for consideration and report and to the Select Committee on Trade and International Relations:

   (a)      Report and Financial Statements of the Services Sector
        Education and Training Authority (Services-Seta) for 2008-2009,
        including the Report of the Auditor-General on the Financial
        Statements and Performance Information for 2008-2009 [RP 11-
        2009].
   
   (b)      Report and Financial Statements of the Clothing, Textiles,
        Footwear and Leather Sector Education and Training Authority
        (CTFL-Seta) for 2008-2009, including the Report of the Auditor-
        General on the Financial Statements and Performance Information
        for 2008-2009 [RP 87-2009]. 31.     The following paper is referred to the Select Committee on
   Labour and Public Enterprises for consideration and report and to
   the Select Committee on Public Services:
   
   
   (a)      Report and Financial Statements of the Transport Education
        and Training Authority (TETA) for 2008-200, including the
        Report of the Auditor-General on the Financial Statements and
        Performance Information for 2008-2009 [RP 104-2009].
   

   1. The following paper is referred to the Select Committee on Labour and Public Enterprises for consideration and report and to the Select Committee on Security and Constitutional Development:

   (a)      Report and Financial Statements of the Safety and Security
        Sector Education and Training Authority (SASSETA) for 2008-
        2009, including the Report of the Auditor-General on the
        Financial Statements and Performance Information for 2008-2009.
   

   1. The following paper is referred to the Select Committee on Labour and Public Enterprises for consideration and report and to the Select Committee on Social Services:

   (a)      Report and Financial Statements of the Health and Welfare
        Sector Education and Training Authority (HWSETA) for 2008-2009,
        including the Report of the Auditor-General on the Financial
        Statements and Performance Information for 2008-2009 [RP 94-
        2009].
   

   1. The following papers are referred to the Select Committee on Labour and Public Enterprises for consideration and report and to the Select Committee on Trade and International Relations:

   (a)      Report and Financial Statements of the Manufacturing,
        Engineering and related Services Education and Training
        Authority (MER-Seta) for 2008-2009, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information for 2008-2009 [RP 99-2009].
   
   
   (b)      Report and Financial Statements of the Food and Beverages
        Manufacturing Industry Sector Education and Training Authority
        (Foodbev-Seta) for 2008-2009, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information for 2008-2009 [RP 92-2009].
   

   1. The following papers are referred to the Select Committee on Labour and Public Enterprises for consideration and report and to the Select Committee on Finance and Appropriations:

   (a)      Report and Financial Statements of the Banking Sector
        Education and Training Authority (Bank-Seta) for 2008-2009,
        including the Report of the Auditor-General on the Financial
        Statements and Performance Information for 2008-2009 [RP 85-
        2009].
   
   (b)      Report and Financial Statements of The Insurance Sector
        Education and Training Authority (Inseta) for 2008-2009,
        including the Report of the Auditor-General on the Financial
        Statements and Performance Information for 2008-2009 [RP 96-
        2009].
   (c)      Report and Financial Statements of the Finance,
        Accounting, Management Consulting and other Financial Services
        Sector Education and Training Authority (FASSET) for 2008-2009,
        including the Report of the Auditor-General on the Financial
        Statements and Performance Information for 2008-2009 [RP 91-
        2009].
   

   1. The following paper is referred to the Select Committee on Labour and Public Enterprises for consideration and report and to the Select Committee on Trade and International Relations:

     a) Report and Financial Statements of the Chemical Industries
        Education and Training Authority (CHIETA) for 2008-2009,
        including the Report of the Auditor-General on the Financial
        Statements and Performance Information for 2008-2009 [RP 86-
        2009].
   
   
     b) Report and Financial Statements of the Wholesale and Retail
        Sector Education and Training Authority (W&R-Seta) for 2008-
        2009, including the Report of the Auditor-General on the
        Financial Statements and Performance Information for 2008-2009
        [RP 105-2009].
   
   
     c) Report and Financial Statements of the Mining Qualifications
        Authority  (MQA) for 2008-2009, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information for 2008-2009 [RP 110-2009].
   

   1. The following papers are referred to the Select Committee on Labour and Public Enterprises for consideration and report and to the Select Committee on Education and Recreation: (a) Report and Financial Statements of the Information Systems, Electronics and Telecommunications Technologies Sector Education and Training Authority (ISETT-Seta) for 2008-2009, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2008-2009 [RP 95- 2009].

   (b)      Report and Financial Statements of the Education Training
        and Development Practices Sector Education and Training
        Authority (ETDP-Seta) for 2008-2009, including the Report of
        the Auditor-General on the Financial Statements and Performance
        Information for 2008-2009 [RP 89-2009].
   

   1. The following paper is referred to the Select Committee on Labour and Public Enterprises for consideration and report and to the Select Committee on Land and Environmental Affairs:

     a) Report and Financial Statements of the Agricultural Sector
        Education and Training Authority (Agri-Seta) for 2008-2009,
        including the Report of the Auditor-General on the Financial
        Statements and Performance Information for 2008-2009 [RP 84-
        2009].
   
     b) Report and Financial Statements of the Forest Industries Sector
         Education and Training Authority (FIETA) for 2008-2009,
        including the Report of the Auditor-General on the Financial
        Statements and Performance Information for 2008-2009 [RP 93-
        2009].
   

   1. The following paper is referred to the Select Committee on Labour and Public Enterprises for consideration and report and to the Select Committee on Land and Environmental Affairs and Select Committee on Education and Recreation:

   (a)      Report and Financial Statements of the Tourism,
        Hospitality and Sport Education and Training Authority (Theta)
        for 2008-2009, including the Report of the Auditor-General on
        the Financial Statements and Performance Information for 2008-
        2009 [RP 133-2009].
   

   1. The following paper is referred to the Select Committee on Labour and Public Enterprises for consideration and report:

   (a)      Report and Financial Statements of the Media, Advertising,
        Publishing, Printing and Packaging Sector Education and
        Training Authority (MAPPP-Seta) for 2008-2009, including the
        Report of the Auditor-General on the Financial Statements and
        Performance Information for 2008-2009 [RP 98-2009].
   

   1. The following paper is referred to the Select Committee on Labour and Public Enterprises for consideration and report and to the Select Committee on Cooperative Governance and Traditional Affairs:

   (a)      Report and Financial Statements of the Local Government
        Sector Education and Training Authority (LG-Seta) for 2008-
        2009, including the Report of the Auditor-General on the
        Financial Statements and Performance Information for 2008-2009
        [RP 97-2009]. 42.     The following papers are referred to the Select Committee on
   Labour and Public Enterprises for consideration and report:
   
   
     a) Report and Financial Statements of Alexkor Ltd for 2008-09,
        including the Report of the Independent Auditors on the
        Financial Statements and Performance Information for 2008-09.
   
     b) Report and Financial Statements of Vote 6 – Government
        Communication and Information System (GCIS) for 2008-09,
        including the Report of the Auditor-General on the Financial
        Statements and Performance Information of Vote 6 for 2008-09
        [RP194-2009].
   
   
   (c)      Report and Financial Statements of the National Electronic
        Media Institute of South Africa (Nemisa) for 2008-09,
        including the Report of the Auditor-General on the Financial
        Statements and Performance Information for 2008-09.
   
   
     d) Report and Financial Statements of the International Marketing
        Council (IMC) for 2008-09, including the Report of the Auditor-
        General on the Financial Statements and Performance
        Information for 2008-09 [RP 134-2009].
   
   
     e) Report and Financial Statements of Vote 24 - Department of
        Communications for 2008-09, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information of Vote 24 for 2008-09 [RP 209-2009].
   
   
     f) Report and Financial Statements of the South African Post
        Office (Ltd) for 2008-09, including the Report of the
        Independent Auditors on the Financial Statements and
        Performance Information for 2008-09.
   
   
     g) Report and Financial Statements of the Universal Service and
        Access Agency of South Africa (USAASA) for 2008-09, including
        the Reports of the Auditor-General on the Financial Statements
        of Universal Service and Access Agency of South Africa
        (USAASA) and the Universal Service and Access Fund (USAF) for
        2008-09 [RP222-2009].
   
   
     h) Report and Financial Statements of the South African Forestry
        Company (Ltd) for 2008-09, including the Report of the
        Independent Auditors on the Financial Statements and
        Performance Information for 2008-09.
   
     i) Report and Financial Statements of the South African Airways
        (Pty) (Ltd) for 2008-09, including the Report of the
        Independent Auditors on the Financial Statements and
        Performance Information for 2008-09.
   

   1. The following papers are referred to the Select Committee on Education and Recreation for consideration and report:

     a) Report and Financial Statements of the Council for Scientific
        and Industrial Research (CSIR) for 2008-09, including the
        Report of the Auditor-General on the Financial Statements and
        Performance Information for 2008-09 [RP 117-2009].
   
   (b)      Report and Financial Statements of the Academy of Science
        of South Africa for 2008-09, including the Report of the
        Independent Auditors on the Financial Statements and
        Performance Information for 2008-09.
   
   (c)      Report and Financial Statements of the National Research
        Foundation for 2008-09, including the Report of the Auditor-
        General on the Financial Statements and Performance
        Information for 2008-09.
   
   
   (d)      Report and Financial Statements of the South African
        Council for Educators for 2008-09, including the Report of the
        Independent Auditors on the Financial Statements and
        Performance Information for 2008-09.
   
   
   (e)      Report and Financial Statements of South African Drug-
        Free Sport for 2008-09, including the Report of the Auditor-
        General on the Financial Statements for 2008-09 [RP 99-2008].
   
   
   (f)      Report and Financial Statements of Vote 17 - Department of
        Sport and Recreation South Africa for 2008-09, including the
        Report of the Auditor-General on the Financial Statements and
        Performance Information of Vote 17 for 2008-2009 [RP 152-
        2009].
   
   
   (g)      Report and Financial Statements of Boxing South Africa for
        2008-09, including the Report of the Auditor-General on the
        Financial Statements and Performance Information for 2008-09.
   
     h) Report and Financial Statements of the South African National
        Energy Research Institute (Pty) Ltd for 2008-09, including the
        Report of the Auditor-General on the Financial Statements and
        Performance Information for 2008-09.
   
     i) Report and Financial Statements of the South African Council
        for Natural Scientific Professions for 2008-09, including the
        Report of the Independent Auditors on the Financial Statements
        and Performance Information for 2008-09.
   
     j) Report and Financial Statements of the Human Sciences Research
        Council (HSRC) for 2008-09, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information for 2008-09 [RP 184-2009].
   
   (k)      Report and Financial Statements of the Africa Institute of
        South Africa for 2008-09, including the Report of the Auditor-
        General on the Financial Statements and Performance
        Information for 2008-09.
   
   (l)      Report and Financial Statements of Vote 31 - Department of
        Science and Technology for 2008-09, including the Report of
        the Auditor-General on the Financial Statements and
        Performance Information of Vote 31 for 2008-09 [RP236-2009].
   
     m) Report and Financial Statements of the National Advisory
        Council on Innovation for 2008-09.
   
     n) Report and Financial Statements of the Council on Higher
        Education (CHE) for 2008-09, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information for 2008-09.
   

   1. The following papers are referred to the Select Committee on Security and Constitutional Development for consideration and report:

   (a)      Report and Financial Statements of the Armaments
        Corporation of South Africa Limited (Armscor) for 2008-09,
        including the Report of the Auditor-General on the Group
        Financial Statements and Performance Information for 2008-09
        [RP 56-2009].
   
   
   (b)      Report and Financial Statements of Vote 18 - Department of
        Correctional Services for 2008-09, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information for 2008-09 [RP 197-2009].
   
   
   (c)      Report and Financial Statements of Vote 22 - Department of
        Safety and Security for 2008-09, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information of Vote 22 for 2008-09 [RP 204-2009].
   
   
   (d)      Report and Financial Statements of Vote 20 – Independent
        Complaints Directorate (ICD) for 2008-09, including the Report
        of the Auditor-General on the Financial Statements and
        Performance Information of Vote 20 for 2008-09 [RP234-2009].
   
   (e)      Report and Financial Statements of the South African Human
        Rights Commission for 2008-09, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information for 2008-09 [RP65-2009].
   
   
     f) Report and Financial Statements of Vote 21 - Department of
        Justice and Constitutional Development for 2008-09, including
        the Report of the Auditor-General on the Financial Statements
        and Performance Information of Vote 21 for 2008-09 [RP189-
        2009].
   
     g) Report and Financial Statements of Vote 19 – Department of
        Defence for 2008-09, including the Report of the Auditor-
        General on the Financial Statements and Performance
        Information of Vote 19 for 2008-09 [RP193-2009].
   
   
     h) Report and Financial Statements of the Castle Control Board
        for 2008-09, including the Report of the Auditor-General on
        the Financial Statements and Performance Information for 2008-
        09 [RP165-2009].
   
   
     i) Report and Financial Statements of the Judicial Inspectorate
        for Correctional Services for 2008-09 [RP132-2009].
   

   1. The following papers are referred to the Select Committee on Education and Recreation for consideration and report:

   (a)      Report and Financial Statements of Blind SA for 2008-09,
        including the Report of the Independent Auditors on the
        Financial Statements and Performance Information for 2008-09.
   
   (b)      Report and Financial Statements of the National English
        Literary Museum for 2008-09, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information for 2008-09.
   
   
   (c)      Report and Financial Statements of the Natal Museum for
        2008-09, including the Report of the Auditor-General on the
        Financial Statements and Performance Information for 2008-09
        [RP 179-2009].
   
   
   (d)      Report and Financial Statements of the
        Msunduzi/Voortrekker Museum for 2008-09, including the Report
        of the Auditor-General on the Financial Statements and
        Performance Information for 2008-09 [PR 137-2009].
   
   
   (e)      Report and Financial Statements of the National Arts
        Council for 2008-09, including the Report of the Auditor-
        General on the Financial Statements and Performance
        Information for 2008-09 [RP 181-2009].
   (f)      Report and Financial Statements of the Freedom Park Trust
        for 2008-09, including the Report of the Auditor-General on
        the Financial Statements and Performance Information for 2008-
        09.
   
   
   (g)      Report and Financial Statements of the Market Theatre
        Foundation for 2008-09, including the Report of the Auditor-
        General on the Financial Statements and Performance
        Information for 2008-09 [RP 43-2009].
   
   
   (h)      Report and Financial Statements of the Luthuli Museum for
        2008-09, including the Report of the Auditor-General on the
        Financial Statements and Performance Information for 2008-09
        [RP 160-2009].
   
   
   (i)      Report and Financial Statements of Artscape for 2008-09,
        including the Report of the Auditor-General on the Financial
        Statements and Performance Information for 2008-09 [RP 188-
        2009].
   
   
   (j)      Report and Financial Statements of the Afrikaans Language
        Museum and Monument for 2008-09, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information for 2008-09 [RP 61-2009].
   
   
   (k)      Report and Financial Statements of the Iziko Museums of
        Cape Town for 2008-09, including the Report of the Auditor-
        General on the Financial Statements and Performance
        Information for 2008-09 [RP 155-2009].
   
   
   (l)      Report and Financial Statements of the National Film and
        Video Foundation for 2008-09, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information for 2008-09 [RP 150-2009].
   
   
   (m)      Report and Financial Statements of the Northern Flagship
        Institution for 2008-09, including the Report of the Auditor-
        General on the Financial Statements and Performance
        Information for 2008-09 [RP 42-2009].
   
   
   (n)      Report and Financial Statements of the William Humphreys
        Art Gallery for 2008-09, including the Report of the Auditor-
        General on the Financial Statements and Performance
        Information for 2008-09.
   
   (o)      Report and Financial Statements of the Performing Arts
        Centre of the Free State for 2008-09, including the Report of
        the Auditor-General on the Financial Statements and
        Performance Information for 2008-09 [RP 218-2009].
   
   
   (p)      Report and Financial Statements of the Pan South African
        Language Board for 2008-09, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information for 2008-09.
   
   
   (q)      Report and Financial Statements of the War Museum of the
        Boer Republics for 2008-09, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information for 2008-09.
   
   
   (r)      Report and Financial Statements of the Nelson Mandela
        Museum for 2008-09, including the Report of the Auditor-
        General on the Financial Statements and Performance
        Information for 2008-09 [RP 129-2009].
   
   
   (s)      Report and Financial Statements of the Kwazulu-Natal
        Performing Arts Company (trading as the Playhouse Company) for
        2008-09, including the Report of the Auditor-General on the
        Financial Statements and Performance Information for 2008-09.
   
   
   (t)      Report and Financial Statements of the South African
        Library for the Blind for 2008-09, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information for 2008-09.
   
   
   (u)      Report and Financial Statements of Business and Arts South
        Africa for 2008-09, including the Report of the Independent
        Auditors on the Financial Statements and Performance
        Information for 2008-09 [RP138-2009].
   
   
   (v)      Report and Financial Statements of the National Museum -
        Bloemfontein for 2008-09, including the Report of the Auditor-
        General on the Financial Statements and Performance
        Information for 2008-09.
   
   
   (w)      Report and Financial Statements of the Robben Island
        Museum for 2008-09, including the Report of the Auditor-
        General on the Financial Statements and Performance
        Information for 2008-09 [RP 180-2009].
   
   
   (x)      Report and Financial Statements of the South African State
        Theatre for 2008-09, including the Report of the Auditor-
        General on the Financial Statements and Performance
        Information for 2008-09 [RP 57-2009].
   
   
   (y)      Report and Financial Statements of the National Library of
        South Africa for 2008-09, including the Report of the Auditor-
        General on the financial Statements and Performance
        Information for 2008-09 [RP 215-2009].
   
   
     z) Report and Financial Statements of the South African Heritage
        Resources Agency (Sahra) for 2008-09, including the Report of
        the Auditor-General on the Financial Statements and
        Performance Information for 2008-09 [RP 184-2009].
   
   
        (aa)      Report and Financial Statements of the Department of
             Arts and Culture for 2008-09, including the Report of the
             Auditor-General on the Financial Statements and
             Performance Information for 2008-09.
   
   
        (bb)      Report and Financial Statements of the Windybrow
             Centre for the Arts for 2008-09, including the Report of
             the Auditor-General on the Financial Statements and
             Performance Information for 2008-09 [RP192-2009].
   
   
        (cc)      Report and Financial Statements of the National
             Heritage Council for 2008-09, including the Report of the
             Auditor-General on the Financial Statements and
             Performance Information for 2008-09 [RP242-2009].
   

   1. The following papers are referred to the Select Committee on Trade and International Relations for consideration and report:

     a) Report and Financial Statements of Vote 3 – Department of
        Foreign Affairs for 2008-09, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information of Vote 3 for 2008-09.
   
   
     b) Report and Financial Statements of the African Renaissance and
        International Co-operation Fund for 2008-09, including the
        Report of the Auditor-General on the Financial Statements and
        Performance Information for 2008-09.
   
     c) Report and Financial Statements of the National Consumer
        Tribunal for 2008-09, including the Report of the Auditor-
        General on the Financial Statements and Performance
        Information for 2008-09.
   
   
   (d)      Report and Financial Statements of the National Regulator
        for Compulsory Specifications (NRCS) for 2008-09, including
        the Report of the Auditor-General on the Financial Statements
        and Performance Information for the seven-month period ending
        31 March 2009 [RP 153-2009].
   
   (e)      Report and Financial Statements of the Technology and
        Human Resources for Industry Programme (Thrip) for 2008-09,
        including the Report of the Auditor-General on the Financial
        Statements and Performance Information for 2008-09.
   
   (f)      Report and Financial Statements of the National Nuclear
        Regulator (NNR) for 2008-09, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information for 2008-09 [RP 36-2009].
   
   
   (g)      Report and Financial Statements of the Electricity
        Distribution Industrial Holdings (Pty) Ltd (EDIH) for 2008-09,
        including the Report of the Auditor-General on the Financial
        Statements and Performance Information for 2008-09 [RP220-
        2009].
   
   
   (h)      Report and Financial Statements of the Central Energy Fund
        Group of Companies (CEF) for 2008-09, including the Report of
        the Auditor-General and the Independent Auditors on the
        Financial Statements and Performance Information of the
        Central Energy Fund Group of Companies for 2008-09 [RP186-
        2009].
   
   (i)      Report and Financial Statements of the National Energy
        Regulator of South Africa (Nersa) for 2008-09, including the
        Report of the Auditor-General on the Financial Statements and
        Performance Information for 2008-09 [RP177-2009].
   
   (j)      Report and Financial Statements of the South African
        Nuclear Energy Corporation Limited (Necsa) for 2008-09,
        including the Report of the Auditor-General on the Financial
        Statements and Performance Information for 2008-09 [RP141-
        2009].
   
     k) Report and Financial Statements of the Mine Health and Safety
        Council (MHSC) for 2008-09, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information for 2008-09 [RP8-2009].
   
   
     l) Report and Financial Statements of the South African Diamond
        and Precious Metals Regulator for 2008-09, including the
        Report of the Auditor-General on the Financial Statements and
        Performance Information for 2008-09 [RP132-2009].
   
   
     m) Report and Financial Statements of the Council for Geoscience
        (CGS) for 2008-09, including the Report of the Auditor-General
        on the Financial Statements and Performance Information for
        2008-09 [RP 55-2009].
   
   
     n) Report and Financial Statements of Vote 28 - Department of
        Minerals and Energy for 2008-09, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information of Vote 28 for 2008-2009 [RP 240-2009].
   
   
     o) Report and Financial Statements of the Mintek Group for 2008-
        09, including the Report of the Auditor-General on the
        Financial Statements and Performance Information for 2008-09
        [RP27-2009].
   
   
   (p)      Report and Financial Statements of the State Diamond
        Trader for 2008-09, including the Report of the Auditor-
        General on the Financial Statements and Performance
        Information for 2008-09 [RP178-2009].
   
     q) Report and Financial Statements of Vote 32 - Department of
        Trade and Industry for 2008-09, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information of Vote 32 for 2008-09 [RP 18-2009].
   
   
     r) Report and Financial Statements of the Support Programme for
        Industrial Innovation (SPII) for 2008-09, including the Report
        of the Independent Auditors on the Financial Statements and
        Performance Information for 2008-09.
   
   
     s) Report and Financial Statements of the Competition Commission
        for 2008-09, including the Report of the Auditor-General on
        the Financial Statements and Performance Information for 2008-
        09 [RP53-2009].
   
   
     t) Report and Financial Statements of the Companies and
        Intellectual Property Registration Office (Cipro) for 2008-09,
        including the Report of the Auditor-General on the Financial
        Statements and Performance Information for 2008-09 [RP115-
        2009].
   

   1. The following papers are referred to the Select Committee on Finance and Appropriations for consideration and report:

   (a)      Report and Financial Statements of the Accounting
        Standards Board for 2008-09, including the Report of the
        Independent Auditors on the Financial Statements and
        Performance Information for 2008-09 [RP 63-2009].
   
   (b)      Report and Financial Statements of the Office of the Ombud
        for Financial Services Providers for 2008-09, including the
        Report of the Auditor-General on the Financial Statements and
        Performance Information for 2008-09.
   
   
   (c)      Report and Financial Statements of the Financial and
        Fiscal Commission (FFC) for 2008-09, including the Report of
        the Auditor-General on the Financial Statements and
        Performance Information for 2008-09 [RP 183-2009].
   
   
     d) Report and Financial Statements of the Public Investment
        Corporation Limited for 2008-09, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information for 2008-09 [RP 59-2009].
   

   1. The following paper is referred to the Select Committee on Labour and Public Enterprises for consideration and report and to the Select Committee on Women, Youth, and People with Disability:

     a) Report and Financial Statements of the Umsobomvu Youth Fund
        (UYF) for 2008-09, including the Report of the Independent
        Auditors on the Financial Statements and Performance
        Information for 2008-09.
   

   1. The following paper is referred to the Select Committee on Public Services for consideration and report:

     a) Report and Financial Statements of Vote 5 – Department of
        Public Works for 2008-09, including the Report of the Auditor-
        General on the Financial Statements and Performance
        Information of Vote 5 for 2008-09.
   
   
     b) Report and Financial Statements of Vote 26 - Department of
        Housing for 2008-09, including the Report of the Auditor-
        General on the Financial Statements and Performance
        Information of Vote 26 for 2008-09 [RP136-2009].
   
   
     c) Report and Financial Statements of the Servcon Housing
        Solutions (Pty) Ltd for 2008-09, including the Report of the
        Independent Auditors on the Financial Statements and
        Performance Information for 2008-09.
   
   
     d) Report and Financial Statements of the Independent Development
        Trust (IDT) for 2008-09, including the Report of the Auditor-
        General on the Financial Statements and Performance
        Information for 2008-09 [RP 200-2009].
   
     e) Report and Financial Statements of the Construction Industry
        Development Board (CIDB) for 2008-09, including the Report of
        the Auditor-General on the Financial Statements and
        Performance Information for 2008-09 [RP 233-2009].
   
   
     f) Report and Financial Statements of Agrément South Africa (ASA)
        for 2008-09, including the Report of the Independent Auditors
        on the Financial Statements and Performance Information for
        2008-09.
   
   
     g) Report and Financial Statements of the Council for the Built
        Environment (CBE) for 2008-09, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information for 2008-09.
   
     h) Report and Financial Statements of the Airports Company South
        Africa (Ltd) (ACSA) for 2008-09, including the Report of the
        Independent Auditors on the Financial Statements and
        Performance Information for 2008-09.
   
   
     i) Report and Financial Statements of the Air Traffic and
        Navigation Services Co Ltd (ATNS) for 2008-09, including the
        Report of the Independent Auditors on the Financial Statements
        and Performance Information for 2008-09.
   
   
     j) Reports and Financial Statements of the Ports Regulator of
        South Africa for 2007-08 and 2008-09, including the Reports of
        the Auditor-General on the Financial Statements and
        Performance Information for 2007-08 and 2008-09.
   
   
     k) Report and Financial Statements of the Railway Safety
        Regulator (RSR) for 2008-09, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information for 2008-09 [RP 158-2009].
   
   
     l) Report of the Regulating Committee of the Airports Company of
        South Africa and Air Traffic and Navigation Services Company
        for 2008-09.
   
     m) Report and Financial Statements of the South African National
        Roads Agency Limited for 2008-09, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information for 2008-09 [RP145-2009].
   
   
     n) Report and Financial Statements of the Road Traffic Management
        Corporation for 2008-09, including the Report of the Auditor-
        General on the Financial Statements and Performance
        Information for 2008-09 [RP170-2009].
   
   
     o) Report and Financial Statements of the South African Search
        and Rescue Organisation for 2008-09.
     a) Report and Financial Statements of the Urban Transport Fund
        for 2008-09, including the Report of the Auditor-General on
        the Financial Statements and Performance Information for 2008-
        09 [RP217-2009].
   
   
     p) Report and Financial Statements of the South African Civil
        Aviation Authority (SACAA) for 2008-09, including the Report
        of the Auditor-General on the Financial Statements and
        Performance Information for 2008-09.
   
   
     q) Report and Financial Statements of the Road Accident Fund for
        2008-09, including the Report of the Auditor-General on the
        Financial Statements and Performance Information for 2008-09
        [RP221-2009].
   
   
     r) Report and Financial Statements of the Passenger Rail Agency
        of South Africa (Prasa) for 2008-09, including the Report of
        the Auditor-General on the Financial Statements and
        Performance Information for 2008-09 [RP157-2009].
   

   1. The following papers are referred to the Select Committee on Land and Environmental Affairs for consideration and report: a) Report and Financial Statements of Vote 27 - Department of Land Affairs for 2008-09, including the Report of the Auditor- General on the Financial Statements and Performance Information of Vote 27 for 2008-09.

     b) Report and Financial Statements of the Ingonyama Trust Board
        for 2008-09, including the Report of the Auditor-General on
        the Financial Statements and Performance Information for 2008-
        09 [RP172-2009].
     c) Report and Financial Statements of the Trans-Caledon Tunnel
        Authority (TCTA) for 2008-09, including the Report of the
        Independent Auditors on the Financial Statements and
        Performance Information for 2008-09.
   
   
     d) Report and Financial Statements of the Water Research
        Commission for 2008-09, including the Report of the Auditor-
        General on the Financial Statements and Performance
        Information for 2008-09 [RP 130-2009].
   
   
     e) Report and Financial Statements of Vote 34 - Department of
        Water Affairs and Forestry for 2008-09, including the Report
        of the Auditor-General on the Financial Statements and
        Performance Information of Vote 34 for 2008-09 [RP163-2009].
   
   
     f) Report and Financial Statements of the South African National
        Biodiversity Institute for 2008-09, including the Report of
        the Auditor-General on the Financial Statements and
        Performance Information for 2008-09 [RP165-2009].
   
   
     g) Report and Financial Statements of the South African National
        Parks (SANparks ) for 2008-2009, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information for 2008-09 [RP148-2009].
   
     h) Report and Financial Statements of the Agricultural Research
        Council (ARC) for 2008-09, including the Report of the Auditor-
        General on the Financial Statements and Performance
        Information for 2008-09 [RP199-2009].
   
   
     i) Report and Financial Statements of the Perishable Products
        Export Control Board (PPECB) for 2008-09, including the Report
        of the Independent Auditors on the Financial Statements and
        Performance Information for 2008-09.
   
   
     j) Report and Financial Statements of Vote 23 - Department of
        Agriculture for 2008-09, including the Report of the Auditor-
        General on the Financial Statements and Performance
        Information of Vote 23 for 2008-09 [RP210-2009].
   
   
     k) Report and Financial Statements of the Onderstepoort
        Biological Products (Ltd) for 2008-09, including the Report of
        the Independent Auditors on the Financial Statements and
        Performance Information for 2008-09.
   
   
     l) Report and Financial Statements of the Ncera Farms (Pty) Ltd
        for 2008-09, including the Report of the Independent Auditors
        on the Financial Statements and Performance Information for
        2008-09.
   
   
   (m)      Report and Financial Statements of the National
        Agricultural Marketing Council (NAMC) for 2008-09, including
        the Report of the Auditor-General on the Financial Statements
        and Performance Information for 2008-09 [RP192-2009].
   

   1. The following papers are referred to the Select Committee on Social Services for consideration and report:

     a) Report and Financial Statements of Vote 4 - Department of Home
        Affairs for 2008-09, including the Report of the Auditor-
        General on the Financial Statements and Performance
        Information of Vote 4 for 2008-09 [RP239-2009].
   
   
     b) Report and Financial Statements of the Electoral Commission
        for 2008-09, including the Report of the Auditor-General on
        the Financial Statements and Performance Information for 2008-
        09 [RP60-2009].
   
   
     c) Report and Financial Statements of Film and Publication Board
        for 2008-09, including the Report of the Auditor-General on
        the Financial Statements and Performance Information for 2008-
        09 [RP224-2009].
   
     d) Report and Financial Statements of the Council for Medical
        Schemes for 2008-09, including the Report of the Auditor-
        General on the Financial Statements and Performance
        Information for 2008-09 [RP 67-2009].
   
   
     e) Report and Financial Statements of the National Health
        Laboratory Service for 2008-09, including the Report of the
        Independent Auditors on the Financial Statements and
        Performance Information for 2008-09.
   
   
     f) Report and Financial Statements of Vote 14 - Department of
        Health for 2008-09, including the Report of the Auditor-
        General on the Financial Statements and Performance
        Information of Vote 14 for 2008-09 [RP169-2009].
   
   
     g) Report and Financial Statements of the Compensation
        Commissioner for Occupational Diseases in Mines and Works for
        2008-09, including the Report of the Auditor-General on the
        Financial Statements and Performance Information for 2008-09.
   
   
     h) Report and Financial Statements of the South African Medical
        Research Council (MRC) for 2008-09, including the Report of
        the Auditor-General on the Financial Statements and
        Performance Information for 2008-09 [RP174-2009].
   
     i) Report and Financial Statements of Vote 16 - Department of
        Social Development for 2008-09, including the Report of the
        Auditor-General on the Financial Statements and Performance
        Information of Vote 16 for 2008-09 [RP225-2009].
   
   
     j) Report and Financial Statements of the National Development
        Agency for 2008-09, including the Report of the Auditor-
        General on the Financial Statements and Performance
        Information for 2008-09 [RP 58-2009].
   
   
     k) Report and Financial Statements of the South African Social
        Security Agency (Sassa) for 2008-09, including the Report of
        the Auditor-General on the Financial Statements and
        Performance Information for 2008-09 [RP 29-2009].
   

2. The following papers are referred to the Select Committee of Security and Constitutional Development:

      a) Proclamation No R.50, published in Government Gazette No
         32494, dated 14 August 2009: Commencement of sections 8 to 10
         of the Judicial Matters Second Amendment Act, 2003 (Act No 55
         of 2003).


      b) Government Notice No R.841, published in Government Gazette No
         32494, dated 14 August 2009: Scale of fees payable in respect
         of matters referred to in section 80 of the Attorneys Act,
         1979 (Act No 53 of 1079).

53.     The following paper is referred to the Select Committee on
    Labour and Public Enterprises:

      a) Report of the Auditor-General on an investigation at the South
         African Broadcasting Corporation [RP 237-2009].


54.     The following papers are referred to the Select Committee on
    Cooperative Governance and Traditional Affairs for consideration
    and report:

      a) Report and Financial Statements of Vote 29 - Department of
         Provincial and Local Government for 2008-2009, including the
         Report of the Auditor-General on the Financial Statements and
         Performance Information of Vote 29 for 2008-09.


      b) Report and Financial Statements of the Municipal Demarcation
         Board for 2008-09, including the Report of the Auditor-General
         on the Financial Statements and Performance Information for
         2008-09 [RP207-2009].

      c) Report and Financial Statements of Vote 8 - Department of
         Public Service and Administration for 2008-09, including the
         Report of the Auditor-General on the Financial Statements and
         Performance Information of Vote 8 for 2008-09 [RP190-2009].


      d) Report and Financial Statements of the State Information
         Technology Agency (Pty) Ltd (Sita) for 2008-09, including the
         Report of the Auditor-General on the Financial Statements and
         Performance Information for 2008-09 [RP47-2009].


55.     The following papers are referred to the Standing Committee on
    Finance and Appropriations for consideration and report:

      a) Report and Financial Statements of the Corporation for Public
         Deposits for 2008-09, including the Report of the Independent
         Auditors on the Financial Statements and Performance
         Information for 2008-09.


      b) Report and Financial Statements of the Financial Services
         Board for 2008-09, including the Report of the Auditor-General
         on the Financial Statements and Performance Information for
         2008-09 [RP201-2009].


      c) Report and Financial Statements of the South African Reserve
         Bank for 2008-09, including the Report of the Independent
         Auditors on the Financial Statements for 2008-09.

      d) Report and Financial Statements of the South African Revenue
         Service (Sars) for 2008-09, including the Report of the
         Auditor-General on the Financial Statements and Performance
         Information for 2008-09 [RP238-2009].


      e) Report and Financial Statements of the Collective Investment
         Schemes for 2008-09 [RP202-2009].


      f) Report and Financial Statements of the Sasria (Ltd) for 2008-
         09, including the Report of the Independent Auditors on the
         Financial Statements and Performance Information for 2008-09.


      g) Report and Financial Statements of Vote 7 – National Treasury
         for 2008-09, including the Report of the Auditor-General on
         the Financial Statements and Performance Information of Vote 7
         for 2008-09 [RP198-2009].


      h) Report and Financial Statements of the Independent Regulatory
         Board for Auditors for 2008-09, including the Report of the
         Auditor-General on the Financial Statements and Performance
         Information for 2008-09 [RP156-2009].

      i) Report and Financial Statements of the Office of the Pension
         Funds Adjudicator for 2008-09, including the Report of the
         Auditor-General on the Financial Statements and Performance
         Information for 2008-09.


      j) Report and Financial Statements of the Financial Intelligence
         Centre for 2008-09, including the Report of the Auditor-
         General on the Financial Statements and Performance
         Information for 2008-09 [RP162-2009].


      k) Report and Financial Statements of Vote 11 - Statistics South
         Africa for 2008-09, including the Report of the Auditor-
         General on the Financial Statements and Performance
         Information of Vote 11 for 2008-09 [RP211-2009].


      l) Report and Financial Statements of the Bank Supervision
         Department of the South African Reserve Bank for 2008.

56.     The following paper is referred to the Select Committee on
    Cooperative Governance and Traditional Affairs for consideration
    and report and to the Select Committee on Education and Recreation:


      a) Report and Financial Statements of the Commission for
         the Promotion and Protection of the Rights of Cultural,
         Religious and Linguistic Communities for 2008-09, including
         the Report of the Auditor-General on the Financial Statements
         and Performance Information for 2008-09 [RP212-2009].

57.     The following papers are referred to the Standing Committee on
    Finance and Appropriations:

    a) Address of the Governor of the South African Reserve Bank - 17
       September 2009.


      b) Government Notice No.892, published in Government Gazette No
         32546, dated 31 August 2009: Determination of interest rate
         for purposes of paragraph (a) of the definition of ‘‘Official
         rate of interest’’ in paragraph 1 of the Seventh Schedule, in
         terms of the Income Tax Act, 1962 (Act No 58 of 1962).


      c) Government Notice No R.918, published in Government Gazette No
         32582, dated 25 September 2009: Exchange Control Regulations:
         Cancellation of appointment of an authorised dealer in foreign
         exchange - Commerzbank Aktiengesellschaft in terms of the
         exchange control regulations.

58.     The following paper is referred to the Select Committee on
    Trade and International Relations for consideration:

      a) Strategic Plan for the Companies and Intellectual Property
         Registration Office (Cipro) for 2009-10 – 2011-12.

TABLINGS

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

(a)     Report of the Auditor-General on a performance audit of the
    rehabilitation of abandoned mines at the Department of Minerals and
    Energy [RP 257-2009].


(b)     Report of the Auditor-General on a performance audit of
    projects that are funded by the National Development Agency [RP
    258/2009].


 c) Report of the Public Protector on Systematic Investigation into
    allegations of poor service delivery by the Compensation Fund
    [Report No 28 of 2009-2010].

1. The Minister of Agriculture, Forestry and Fisheries

(a)     Government Notice No R. 466 published in Government Gazette No
    32185 dated 29 April 2009: Draft Regulations on the National Forest
    Act, 1998 (Act No 84 of 1998)

1. The Minister of Energy

(a)     Membership of South Africa to the International Renewable
    Energy Agency (IRENA), tabled in terms of section 231(2) of the
    Constitution, 1996.


(b)     Explanatory Memorandum to the Membership of South Africa to the
    International Renewable Energy Agency (IRENA).

National Council of Provinces

1. The Chairperson

   (a) Consolidated Annual Report on the Performance of KwaZulu-Natal Municipalities, 2007-2008 (b) Statement on allegations of fraud, corruption or any other serious malpractices within Lekwa Local Municipality (Mpumalanga) in terms of section 106(1)(b) of the Local Government: Municipal System Act, 2000 (Act No 32 of 2000).

    Reffed to the Select Committee on Cooperative Governance and
    Traditional Affairs for consideration.
   
   
                   MONDAY, 30 NOVEMBER 2009
   

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Assent by President in respect of Bills

   1) Adjustments Appropriation Bill [B 13 – 2009] – Act No 21 of 2009 (assented to and signed by President on 26 November 2009).

   2) Repeal of the Black Administration Act and Amendment of Certain Laws Amendment Bill [B 15 – 2009] – Act No 20 of 2009 (assented to and signed by President on 26 November 2009).

                  THURSDAY, 10 DECEMBER 2009
   

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Draft Bills submitted in terms of Joint Rule 159

   1) Social Assistance Amendment Bill, 2009, submitted by the Minister of Social Development.

 Referred to the Portfolio Committee on Social Development and the
 Select Committee on Social Services.

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

(a)     Report and Financial Statements of the Government Employees
    Pension Fund for 2008-09, including the Report of the Independent
    Auditors on the Financial Statements and Performance Information
    for 2008-09 [RP 241-2009]. 2.    The Minister of Water and Environmental Affairs

(a)     Report and Financial Statements of the Amatola Water Board for
    2008-09, including the Report of the Independent Auditors on the
    Financial Statements and Performance Information for 2008-09.


(b)     Report and Financial Statements of the Sedibeng Water Board for
    2008-09, including the Report of the Independent Auditors on the
    Financial Statements and Performance Information for 2008-09.


(c)     Report and Financial Statements of the Rand Water Board for
    2008-09, including the Report of the Independent Auditors on the
    Financial Statements and Performance Information for 2008-09.


(d)     Report and Financial Statements of the Overberg Water Board for
    2008-09, including the Report of the Independent Auditors on the
    Financial Statements and Performance Information for 2008-09.


(e)     Report and Financial Statements of the Pelladrift Water Board
    for 2008-09, including the Report of the Independent Auditors on
    the Financial Statements and Performance Information for 2008-09.


(f)     Report and Financial Statements of the Bloem Water Board for
    2008-09, including the Report of the Independent Auditors on the
    Financial Statements and Performance Information for 2008-09.
(g)     Report and Financial Statements of the Umgeni Water Board for
    2008-09, including the Report of the Independent Auditors on the
    Financial Statements and Performance Information for 2008-09.

1. The Minister of Human Settlements

(a)     Memorandum of understanding (“MOU’) between the Government of
    the Republic of South Africa and the Government of the Republic of
    Angola on Cooperation in the Field of Human Settlements, tabled in
    terms of section 231(2) of the Constitution, 1996.


(b)     Memorandum of Understanding between the Government of the
    Republic of South Africa, the Government of the Republic of India
    and the Government of the Federative Republic of Brazil on
    Cooperation in the Field of Human Settlements Development, tabled
    in terms of section 231(3) of the Constitution, 1996.

(c)     Explanatory Memorandum to the Memorandum of Understanding
    (“MOU”) between the Government of the Republic of South Africa, the
    Government of the Republic of India and the Government of the
    Federative Republic of Brazil on Cooperation in the Field of Human
    Settlements Development, tabled in terms of section 231(3) of the
    Constitution, 1996.

1. The Minister of Trade and Industry

 a) Report of the South African Council for the Non-Proliferation of
    Weapons of Mass Destruction for April 2008 to March 2009.

1. The Minister for Cooperative Governance and Traditional Affairs

 a) Government Notice No 1568, published in Government Gazette No
    32746,  dated 27 November 2009: Draft regulations on Local
    Government Disciplinary Code and Procedures for Senior Managers
    published for public comment in terms of section 72 and section 120
    of the Local Government: Municipal Systems Act, 2000 (Act

National Council of Provinces

1. The Chairperson

(a)     Request for proposed withdrawal of declaration of a portion of
    land of the Lowveld National Botanical Garden (LNBG), in terms of
    section 34(2) of the National Environmental Management:
    Biodiversity Act, 2004 (Act No 10 of 2004).

    Referred to the Select Committee on Land and Environmental Affairs
    for consideration and report:


(b)     Statement on allegations of fraud, corruption or any other
    serious malpractices within Stellenbosch Municipality (Western
    Cape) in terms of section 106(1)(a) of the Local Government:
    Municipal Systems Act, 2000 (Act No 32 of 2000).


    Referred to the Select Committee on Cooperative Governance and
    Traditional Affairs for consideration.


(c)     Statement on allegations of irregularities within Merafong City
    Local Municipality (Gauteng) in terms of section 106(1)(b) of the
    Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000).


    Referred to the Select Committee on Cooperative Governance and
    Traditional Affairs for consideration.


(d)     Statement on allegations of fraud, corruption or any other
    serious malpractices within Umjindi Local Municipality (Mpumalanga)
    in terms of section 106(1)(a) of the Local Government: Municipal
    Systems Act, 2000 (Act No 32 of 2000).


    Referred to the Select Committee on Cooperative Governance and
    Traditional Affairs for consideration.


(e)     Termination of section 139(1)(b) intervention in Xhariep
    District and Mohokare Local Municipalities (Free State).


    Referred to the Select Committee on Cooperative Governance and
    Traditional Affairs for consideration and report.


(f)     Notice of intervention issued in terms of section 139(1)(b) of
    the Constitution, 1996, to Thabo Mofutsanyane District Municipality
    (Free State)


    Referred to the Select Committee on Cooperative Governance and
    Traditional Affairs for consideration and report.
                      TUESDAY, 26 JANUARY 2010

TABLINGS

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

(a)     Report of the Auditor-General on a performance audit of the
    Forensic Chemistry Laboratories at the national Department of
    Health – November 2009 [RP 268-2009].


(b)    The Strategic Plan and Budget of the Auditor-General of South
     Africa for 2010-2013 [RP 266-2009].

1. The Minister of Finance

(a)     Municipal Budgets for the 2009 Medium-Term Revenue and
    Expenditure Framework (MTREF).

1. The Minister of Water and Environmental Affairs

(a)     Report and Financial Statements of the Namakwa Water Board for
    2008-09, including the Report of the Independent Auditors on the
    Financial Statements and Performance Information for 2008-09.


(b)     Report and Financial Statements of the Bushbuckridge Water
    Board for 2008-09, including the Report of the Independent Auditors
    on the Financial Statements and Performance Information for 2008-
    09.

(c)     Report and Financial Statements of the Albany Coast Water Board
    for 2008-09, including the Report of the Independent Auditors on
    the Financial Statements and Performance Information for 2008-09.


(d)     Report and Financial Statements of the Lepelle Northern Water
    for 2008-09, including the Report of the Independent Auditors on
    the Financial Statements and Performance Information for 2008-09.

1. The Minister of Justice and Constitutional Development

 a) Proclamation No R. 81 published in Government Gazette No 32750
    dated 27 November 2009: Partial commencement of section 26 of the
    Judicial Matters Amendment Act, 2008 (Act No 66 of 2008).

 b) Government Notice No R. 1120 published in Government Gazette No
    32750 dated 27 November 2009: Amendment of Regulations relating to
    Debt Collectors, 2003:  Debt Collectors Act, 1998 (Act No 114 of
    1998).


 c) Government Notice No R. 1121 published in Government Gazette No
    32759 dated 27 November 2009: Determination in terms of section 62A
    of the Regulation of Interception of Communications and Provision
    of Communication-related Information Act, 2002 (Act No 70 of 2002).




 d) Government Notice No R.1055 published in Government Gazette No
    32690 dated 05 November 2009: Amendment of  the Third Schedule, in
    terms of the Insolvency  Act, 1936 (Act No 24 of 1936).


 e) Government Notice No R.1056 published in Government Gazette No
    32690 dated 05 November 2009: Amendment of Regulations in terms of
    the Trust Property Control Act, 1988 (Act No 57 of 1988).


 f) Government Notice No R.1057 published in Government Gazette No
    32690 dated 05 November 2009: Amendment of Regulations in terms of
    the Administration of Estates Act, 1965 (Act No 66 of 1965).


 g) Government Notice No R.1070 published in Government Gazette No
    32700 dated 09 November 2009: Amendment of Regulations in terms of
    the Companies Act, 1973 (Act No 61 of 1973).

 h) Government Notice No R.72 published in Government Gazette No 32703
    dated 10 November 2009: Referral of matter to existing special
    investigating unit and special tribunal in terms of the Special
    Investigating Units and Special Tribunals Act , 1974 (Act No 74 of
    1996).


 (i)    Report of the South African Law Reform Commission for 2008-2009
     [RP 256-2009].
 (j)    Report of the South African Law Reform Commission on the
     Consolidated Legislation pertaining to International Judicial co-
     operation in Civil Matters for 2006.

1. The Minister of Public Enterprises

(a)     Report and Financial Statements of the Pebble Bed Modular
     Reactor (Proprietary) Limited for 2008-09, including the Report of
     the Independent Auditors on the Financial Statements and
     Performance Information for 2008-09.

1. The Minister of Communications

(a)     Report and Financial Statements of the South African
    Broadcasting Corporation (SABC) for 2008-09, including the Report
    of the Independent Auditors on the Financial Statements and
    Performance Information for 2008-09.

1. The Minister of Trade and Industry

(a)     Cooperative Agreement between the United States of America
    (USA) and the Southern African Customs Union (SACU) to Foster
    Trade, Investment and Development, tabled in terms of section
    231(3) of the Constitution of the Republic of South Africa, 1996

(b)     Explanatory Note of the Cooperative Agreement between the
    United States of America (USA) and the Southern African Customs
    Union (SACU) to Foster Trade, Investment and Development.

National Council of Provinces

1. The Chairperson

(a)     Notice of intervention issued in terms of section 139(1)(b) of
    the Constitution, 1996, to Nala Local Municipal Council (Free
    State).


    Referred to the Select Committee on Cooperative Governance and
    Traditional Affairs for consideration and report.


(b)     Notice of intervention issued in terms of section 139(1)(b) of
    the Constitution, 1996, to Indaka Local Municipal Council (KwaZulu-
    Natal).


    Referred to the Select Committee on Cooperative Governance and
    Traditional Affairs for consideration and report.


(c)     Notice of intervention issued in terms of section 139(1)(b) of
    the Constitution, 1996, to Okhahlamba  Local Municipal Council
    (KwaZulu-Natal).


    Referred to the Select Committee on Cooperative Governance and
    Traditional Affairs for consideration and report.


(d)     Notice of intervention issued in terms of section 139(1)(b) of
    the Constitution, 1996, to Umhlabuyalingana  Local Municipal
    Council (KwaZulu-Natal).


    Referred to the Select Committee on Cooperative Governance and
    Traditional Affairs for consideration and report.


(e)     Report on the Performance of Municipalities in the Northern
    Cape for the 2007-08 financial year in terms of section 47(1) and
    (3) of the Local Government: Municipal Systems Act (Act 32 of
    2000).


    Referred to the Select Committee on Cooperative Governance and
    Traditional Affairs for consideration and report.


(f)     Appointment of Members of the National Council for Correctional
    Services in terms of section 83(2)(h) of the Correctional Services
    Amendment Act, 2008.


    Referred to the Select Committee on Security and Constitutional
    Development for consideration.


                      THURSDAY, 28 JANUARY 2010

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Assent by President in respect of Bills 1) National House of Traditional Leaders Bill [B 56D – 2008] – Act No 22 of 2009 (assented to and signed by President on 26 January 2010).

   2) Traditional Leadership and Governance Framework Amendment Bill [B 57D – 2008] – Act No 23 of 2009 (assented to and signed by President on 20 January 2010).

2. Draft Bills submitted in terms of Joint Rule 159

(1)    Intellectual Property Laws Amendment Bill, 2010, submitted by
     the Minister of Trade and Industry.


  Referred to the Portfolio Committee on Trade and Industry and the
     Select Committee on Trade and International Relations.

1. Calling of Joint Sitting

CALLING OF JOINT SITTING OF THE NATIONAL ASSEMBLY AND THE NATIONAL
COUNCIL OF PROVINCES.


In terms of section 84(2)(d) of the Constitution of the Republic of
South Africa, 1996, read with Rule 7(1)(a) of the Joint Rules of
Parliament, the President of the Republic of South Africa has called a
joint sitting of the National Assembly and the National Council of
Provinces on Thursday, 11 February 2010 at 19:00, in order to deliver
his State of the Nation Address to Parliament.

TABLINGS

National Council of Provinces

1. The Chairperson

 a) Legislative Proposal with regard to the amendment of the Municipal
    Systems Act, 2000 (Act No 32 of 2000) (Hon D B Feldman, Permanent
    Delegate to the National Council of Provinces).


    Referred to the Committee on Petitions and Members’ Legislative
    Proposals.


 b) Memorandum of Understanding between the Government of the Republic
    of South Africa and the Government of the Republic of Angola on
    Cooperation in the Field of Human Settlements in terms of section
    231(3) of the Constitution.


    Referred to the Select Committee on Public Services.

                      TUESDAY, 2 FEBRUARY 2010

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Draft Bills submitted in terms of Joint Rule 159

(1)    South African Post Office Bill, 2010, submitted by the Minister
     of Communications.


  Referred to the Portfolio Committee on Communications and the Select
     Committee on Labour and Public Enterprises.


(2)    Protection from Harassment Bill, 2010, submitted by the Minister
     of Justice and Constitutional Development.


  Referred to the Portfolio Committee on Justice and Constitutional
     Development and the Select Committee on Security and Constitutional
     Development.

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of International Relations and Cooperation (a) Agreement between the European Community and its Member States, of the one part, and the Government of the Republic of South Africa, of the other part, Amending the Agreement on Trade, Development and Cooperation (TDCA), in terms of section 231(2) of the Constitution, 1996.

(b)    Explanatory Memorandum on the Agreement between the European
     Community and its Member States, of the one part, and the
     Government of the Republic of South Africa, of the other part,
     Amending the Agreement on Trade, Development and Cooperation
     (TDCA).

National Council of Provinces

1. The Chairperson

(a)     Statement on allegations of fraud, corruption,
    maladministration or any other serious malpractices  within Umvoti
    Municipality (KwaZulu-Natal) in terms of section 106(1)(b) of the
    Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000).


    Referred to the Select Committee on Cooperative Governance and
    Traditional Affairs for consideration.


                       FRIDAY, 5 FEBRUARY 2010

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Introduction of Bills

 (1)    The Minister of Justice and Constitutional Development
      a) Protection from Harassment Bill [B 1 – 2010] (National
         Assembly – proposed sec 75) [Explanatory summary of Bill and
         prior notice of its introduction published in Government
         Gazette No 32922 of 1 February 2010.]


         Introduction and referral to the Portfolio Committee on Justice
         and Constitutional Development of the National Assembly, as
         well as referral to the Joint Tagging Mechanism (JTM) for
         classification in terms of Joint Rule 160.


         In terms of Joint Rule 154 written views on the classification
         of the Bill may be submitted to the JTM within three
         parliamentary working days.

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Transport

(a)     Report and Financial Statements of the South African Maritime
    Safety Authority (including the Maritime Fund) for 2008-2009,
    including the Report of the Auditor-General on the Financial
    Statements and Performance Information for 2008-2009 [RP 216-2009].



                      TUESDAY, 9 FEBRUARY 2010

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Introduction of Bills

 (1)    The Minister of Communications


      a) South African Post Office Bill [B 2 – 2010] (National Assembly
         – proposed sec 75) [Explanatory summary of Bill and prior
         notice of its introduction published in Government Gazette No
         32887 of 22 January 2010.]

         Introduction and referral to the Portfolio Committee on
         Communications of the National Assembly, as well as referral to
         the Joint Tagging Mechanism (JTM) for classification in terms
         of Joint Rule 160.


        In terms of Joint Rule 154 written views on the classification
        of the Bill may be submitted to the JTM within three
        parliamentary working days

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Trade and Industry

 a) Government Notice No 905 published in Government Gazette No 32567
    dated 18 September 2009: Standards Matters in terms of the
    Standards Act, 2008 (Act No 8 of 2008).
(b)     Government Notice No 936 published in Government Gazette No
    32600   dated 18 September 2009: Standards Matters in terms of the
    Standards Act, 2008 (Act No 8 of 2008).

(c)     Government Notice No R.1058 published in Government Gazette No
    32692 dated 06 November 2009:  Proclamation of the effective date
    for the National Gambling Exclusions Database, in terms of the
    National Gambling Act, 2004 (Act No 7 of 2004).


(d)     Government Notice No 1039 published in Government Gazette No
    32673 dated 06 November 2009: Standards Matters in terms of the
    Standards Act, 2008 (Act No 8 of 2008).


(e)     Government Notice No 1065 published in Government Gazette No
    32694 dated 13 November 2009:  Proposed amendment of the compulsory
    specification for plugs, socket-outlets and socket-outlet adaptors
    (VC 8008), in terms of the National Regulator for Compulsory
    Specifications Act, 2008 (Act No 5 of 2008).

(f)     Government Notice No 1066 published in Government Gazette No
    32694 dated 13 November 2009:  Proposed amendment of the compulsory
    specification for glow starters for fluorescent lamps (VC 8039), in
    terms of the National Regulator for Compulsory Specifications Act,
    2008 (Act No 5 of 2008).


(g)     Government Notice No 1067 published in Government Gazette No
    32694 dated 13 November 2009:  Proposed amendment of the compulsory
    specification for appliance couplers for household and similar
    purposes (VC 8012), in terms of the National Regulator for
    Compulsory Specifications Act, 2008 (Act No 5 of 2008).


(h)     Government Notice No 1068 published in Government Gazette No
    32694 dated 13 November 2009:  Proposed amendment of the compulsory
    specification for manually operated switches for appliances (VC
    8052), in terms of the National Regulator for Compulsory
    Specifications Act, 2008 (Act No 5 of 2008).


(i)     Government Notice No 1069 published in Government Gazette No
    32694 dated 13 November 2009:  Proposed amendment of the compulsory
    specification for flexible cords for electrical appliances (VC
    8006), in terms of the National Regulator for Compulsory
    Specifications Act, 2008 (Act No 5 of 2008).


(j)     Government Notice No R. 1153 published in Government Gazette No
    32781 dated 11 December 2009: Regulations:  Payment of levy and
    fees with regard to compulsory specifications:  Amendment, in terms
    of the National Regulator for Compulsory Specifications Act, 2008
    (Act No 5 of 2008).


(k)     Government Notice No R. 1154 published in Government Gazette No
    32781 dated 11 December 2009: Regulations:  Payment of levy and
    fees with regard to compulsory specifications:  Amendment, in terms
    of the National Regulator for Compulsory Specifications Act, 2008
    (Act No 5 of 2008).


(l)     Government Notice No R. 1155 published in Government Gazette No
    32781 dated 11 December 2009: Regulations:  Payment of levy and
    fees with regard to compulsory specifications:  Amendment, in terms
    of the National Regulator for Compulsory Specifications Act, 2008
    (Act No 5 of 2008).


(m)     Government Notice No R. 1156 published in Government Gazette No
    32781 dated 11 December 2009: Regulations:  Payment of levy and
    fees with regard to compulsory specifications:  Amendment, in terms
    of the National Regulator for Compulsory Specifications Act, 2008
    (Act No 5 of 2008).

National Council of Provinces

1. The Chairperson

   a) Submission of petitions from the Leeuwkop and Kroonstad prisoners (Hon M P Jacobs, Permanent Delegate to the National Council of Provinces).

   Referred to the Committee on Petitions and Members’ Legislative
   Proposals for consideration and report.
   
                    WEDNESDAY 10 FEBRUARY 2010
   

ANNOUNCMENTS

National Council of Provinces The Chairperson

1. Referral to Committees of papers tabled

(1)     The following papers are referred to the Select Committee on
    Security and Constitutional Development for consideration and
    report:

    (a)      Amendments to the Convention on Prohibitions or
         Restrictions on the use of Certain Conventional Weapons which
         may be deemed to be excessively Injurious or to have
         Indiscriminate effects (CCW), tabled in terms of section
         231(2) of the Constitution of the Republic of South Africa,
         1996.

    (b)      Explanatory Memorandum to the Convention on Prohibitions
         or Restrictions on the use of Certain Conventional Weapons
         which may be deemed to be excessively Injurious or to have
         Indiscriminate effects, also known as the Certain Conventional
         Weapons Convention (CCW).


(2)     The following papers are referred to the Select Committee on
    Trade and International Relations for consideration and report:
    (a)      Agreement between the European Community and its Member
         States, of the one part, and the Government of the Republic of
         South Africa, of the other part, Amending the Agreement on
         Trade, Development and Cooperation (TDCA), in terms of section
         231(2) of the Constitution, 1996.

    (b)      Explanatory Memorandum on the Agreement between the
         European Community and its Member States, of the one part, and
         the Government of the Republic of South Africa, of the other
         part, Amending the Agreement on Trade, Development and
         Cooperation (TDCA).

(3)     The following papers are referred to the Select Committee on
    Economic Development for consideration and report:

    (a)      Membership of South Africa to the International Renewable
         Energy Agency (IRENA), tabled in terms of section 231(2) of
         the Constitution, 1996.


    (b)      Explanatory Memorandum to the Membership of South Africa
         to the International Renewable Energy Agency (IRENA).

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Trade and Industry

(a)     Government Notice No 936 published in Government Gazette No
    32600   dated 2 October 2009: Standards Matters in terms of the
    Standards Act, 2008 (Act No 8 of 2008).


    Correction: The above entry replaces item 1(b) published under the
              name of the Minister of Trade and Industry in the
              Announcements, Tablings and Committee Reports (ATC) of 9
              February 2010 page 25.

1. The Minister of Justice and Constitutional Development

(a)     Report on the provisional suspension of a magistrate: Mr M T
    Masinga, an additional magistrate at Emlazi, KwaZulu Natal in terms
    of section 13(3)(c) of the Magistrates Act, 1993 (Act No 90 of
    1993).


(b)     Report on the provisional suspension of a magistrate: Mr W J M
    Prinsloo, an additional magistrate at Ermelo, KwaZulu Natal in
    terms of section 13(3)(c) of the Magistrates Act, 1993 (Act No 90
    of 1993).


(c)     Report on the provisional suspension of a magistrate: Mr L B
    Maruwa, an additional magistrate at Daveyton, Gauteng in terms of
    section 13(3)(c) of the Magistrates Act, 1993 (Act No 90 of 1993).


(d)     Report on the provisional suspension of a magistrate: Mr M K
    Chauke, an additional magistrate at Pretoria, Gauteng in terms of
    section 13(3)(c) of the Magistrates Act, 1993 (Act No 90 of 1993).


(e)     Draft Regulations made in terms of section 97(1) of the Child
    Justice Act, 2008 (Act No 75 of 2008).

1. The Minister of Human Settlements

 a) Memorandum of Understanding (MOU) between the Government of the
    Republic of South Africa and the Government of the Republic of
    Angola on Cooperation in the Field of Human Settlements, tabled in
    terms of section 231(3) of the Constitution, 1996.

1. The Minister of Police

 a) Report of the Independent Complaints Directorate on Domestic
    Violence for the period January – June 2009, tabled in terms of
    section 18(5)(c) of the Domestic Violence Act, 1998 (Act No 116 of
    1998).

                      FRIDAY, 12 FEBRUARY 2010

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1 Classification of Bills by Joint Tagging Mechanism (JTM)

(1)    The JTM in terms of Joint Rule 160(6) classified the following
     Bill as a section 75 Bill:

      b) Protection from Harassment Bill [B 1 – 2010] (National
         Assembly – sec 75).

COMMITTEE REPORTS

National Council of Provinces

1. Report of the Select Committee on Security and Constitutional Development on the selection of members to serve on the National Council for Correctional Services in terms of section 83(2)(h) of the Correctional Services Act, 1998 (No. 111 of 1998), dated 12 February 2010:

1.      BACKGROUND


    The letter from the Minister of Correctional Services requesting
    consideration of a shortlist of candidates to be appointed as
    representatives of the public on the National Council for
    Correctional Services (NCCS) was referred to the Select Committee
    on Security and Constitutional Development and the Portfolio
    Committee on Correctional Services on 26 January 2010 [ATC, No1-
    2010].


2.      PROCESS


    The term of office of the current members of the National Council
    for Correctional Services will expire on 28 February 2010. Given
    the time constraints, the Chairpersons of the Committees agreed
    that joint deliberations would be most appropriate in order to
    ensure that the matter was dealt with speedily, and without
    unnecessary delays in the parliamentary process.


    The Committees accordingly met on Thursday, 28 January 2010 to
    receive the Minister of Correctional Services’ briefing on the
    candidates shortlisted. After discussing the process to be
    followed, the Select Committee on Security and Constitutional
    Development, on 12 February 2010 deliberated and agreed on the
    following candidates to serve on the NCCS in terms of the above-
    mentioned provision:


    1. Dr Kgamadi Joseph Kometsi
    2. Ms Lusanda Rataemane
    3. Dr Maletse Mako
    4. Ms Busi Ngobeni
    5. Ms Lynn Smit
    6. Dr Mohamed Randera
    7. Dr Hema Hargovan
    8. Adv Silas Nkanunu

                     WEDNESDAY, 17 FEBRUARY 2010

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Draft Bills submitted in terms of Joint Rule 159

   1) Division of Revenue Bill, 2010, submitted by the Minister of Finance. Referred to the Standing Committee on Appropriations and the Select Committee on Appropriations.

2. Introduction of Bills

 1.     The Minister of Finance


       a) Appropriation Bill [B 3 – 2010] (National Assembly – proposed
          sec 77).


      b) Division of Revenue Bill [B 4 – 2010] (National Assembly –
         proposed sec 76).


         Introduction and referral to the Joint Tagging Mechanism (JTM)
         for classification in terms of Joint Rule 160.


         In terms of Joint Rule 154 written views on the classification
         of the Bills may be submitted to the JTM within three
         parliamentary working days.

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

 a) The Speech of the Minister of Finance on the National Annual Budget
    – 17 February 2010 [RP 5-2010].

       b) The Budget Review 2010 [RP 4-2010], including –
            • the fiscal framework;
            • revenue proposals for 2010, inclusive of the customs and
              excise duties; and
            • the estimates of national revenue for 2010.

 c) Division of Revenue Bill [B4-2010], tabled in terms of section
    10(1) of the Intergovernmental Fiscal Relations Act, 1997 (Act No
    97 of 1997).

       d) Appropriation Bill [B3-2010].

    The fiscal framework and revenue proposals, as well as the speech
    of the Minister of Finance, are referred to the Standing Committee
    on Finance for consideration and report.

National Council of Provinces

1. The Chairperson

(a)     Notice of intervention issued in terms of section 139(1)(b) of
    the Constitution, 1996, to Sundays River Valley Local Municipality
    (Eastern Cape).


    Referred to the Select Committee on Cooperative Governance and
    Traditional Affairs for consideration and report.
(b)     Notice of intervention issued in terms of section 139(1)(b) of
    the Constitution, 1996, to Masilonyana Local Municipality (Free
    State).


    Referred to the Select Committee on Cooperative Governance and
    Traditional Affairs for consideration and report.

(c)     Statement on allegations of fraud, corruption,
    maladministration or any other serious malpractices  within
    Umhlathuze Municipality (KwaZulu-Natal) in terms of section
    106(1)(b) of the Local Government: Municipal Systems Act, 2000 (Act
    No 32 of 2000).


    Referred to the Select Committee on Cooperative Governance and
    Traditional Affairs for consideration.

COMMITTEE REPORTS

National Council of Provinces

1. Report of the Select Committee on Finance and Appropriations (the Committee) on the oversight visit to Mpumalanga Municipalities dated 10 February 2010.

2. Introduction

1.1 Delegation

1.1.1 The oversight visit took place from 21 to 23 September 2009. Meetings were held at Ermelo and Nelspruit in Mpumalanga. The delegation consisted of: • Hon. CJ de Beer (ANC) (Chairperson of the Committee); • Hon. TA Chaane (ANC); • Hon. Prince MMM Zulu (IFP) ; • Hon. BA Mnguni (ANC); • Hon. SD Montsitsi (ANC); • Hon. BL Mashile (ANC); • Hon. JJ Gunda (ID); • Hon. WM Makhubela (COPE); and • Hon. TD Harris (DA).

1.1.2 The parliamentary officials who accompanied the delegation were: Mr. Z Rento (Committee Secretary), Mr. M Mkhize (Content Advisor), Mr. M Tau (Researcher), and Mr. M Vumazonke (Committee Assistant).

1.2 Terms of reference

1.2.1 The visit formed part of the Committee’s ongoing interaction with municipalities to monitor collaboration and coordination pertaining to the provision of municipal services and support given to municipalities by provincial and national departments. The municipalities in Mpumalanga that were identified for the visit are: Thaba Chweu Local Municipality, Mkhondo Local Municipality, Pixley Ka Seme Local Municipality, Govan Mbeki Local Municipality, Emalahleni Local Municipality, Lekwa Local Municipality, and Nkomazi Local Municipality

1.2.2 The stakeholders (including national and provincial departments) who accompanied the Committee on this visit were: Provincial Department of Cooperative Governance and Traditional Affairs, Mpumalanga’s Provincial Treasury, South African Local Government Association, Department of Cooperative Governance and Traditional Affairs, Department of Water and Environmental Affairs, National Treasury, Auditor General, Development Bank of Southern Africa, and ESKOM.

1.3 Purpose of the Visit

1.3.1 The purpose of the oversight visit was to engage with the above- mentioned municipalities along with national and provincial departments on the following areas: • Development and implementation of municipal budgets; • Municipalities’ compliance with the Municipal Finance Management Act, Number 56 of 2003; • The spending and performance of the municipalities with regards to conditional grants; • The municipalities’ relations and collaboration with various national and provincial departments and entities; • Capacity constraints of the municipalities (if any); • The extent to which municipal services are provided; and • The alignment of municipalities’ Integrated Development Programmes with the Provincial Growth and Development Strategy.

1. Stakeholders’ Comments on Mpumalanga’s Municipalities

2.1 Auditor General’s Comments

2.1.1 The Office of the Auditor General (AG) briefed the Committee on the audit outcomes of the selected municipalities in Mpumalanga. The AG divided their report into three categories of municipalities, namely: high capacity, medium capacity and low capacity municipalities.

2.1.2 With respect to municipalities with high capacity, two municipalities (namely, Mbombela and Govan Mbeki) were given a qualified audit opinion and three municipalities (namely, Ehlanzeni, Nkangala and Steve Tshwete) received financially unqualified opinion (with other matters). Out of the municipalities with medium capacity, one municipality (namely, Nkomazi) was given a disclaimer audit opinion and another municipality (namely, Albert Luthuli) received a qualified audit opinion. The other three municipalities (namely, Umjindi, Gert Sibande and Delmas) were given unqualified audit opinion (with other matters).

2.1.3 With respect to municipalities with low capacity, two municipalities (namely, Dipaliseng and Lekwa) received disclaimers, four municipalities (namely, Bushbuckridge, Thaba Chweu, Mkhondo and Msukaligwa) were given a qualified audit opinion and three municipalities (namely, J S Moroka, Emakhazeni and Thembisile) were financially unqualified (with other matters). In this low capacity category and compared to five municipalities of this category in the previous year, only three municipalities obtained disclaimers (namely Dipaliseng, Lekwa and Nkomazi) in the 2008/9 financial year. The general breakdown in accounting systems that occurred in the previous year had not been addressed during the current financial year at Dipaliseng and Lekwa. Nkomazi’s financial management deteriorated in the 2008/9 financial year. Furthermore, AG reported that most municipalities lacked leadership drive as well as financial reporting competencies to lift themselves out of the existing difficult situation. Ten municipalities had qualified audit opinions compared to nine municipalities in the previous year. Two municipalities (Msukaligwa and Govan Mbeki), that were previously unqualified, deteriorated to qualifications due to lack of leadership, monitoring and financial skills. However, one municipality (Ehlanzeni) improved to financially unqualified (with other matters) as a result of improved control activities.

2.1.4 The AG office (AG) responded to the Committee’s questions by stating that most municipalities in Mpumalanga either did not have an audit committee at all, an audit committee was appointed late, or there was an audit committee which was not functional. AG reported that some municipalities in Mpumalanga are sharing audit committees. AG raised concerns that although it consulted some of the municipalities in relation to their auditing requirements, it can not contact all of them and municipalities were not seeking help from AG until it was nearing the external auditing process. Most municipalities lacked proactive plans when it relates to auditing.

2.1.5 The AG office (AG) reported that many municipalities who used consultants failed to respond to auditing questions because municipalities’ management did not understand the work that was done by consultants and consultants are usually not called to account/ unavailable during the auditing process. AG advised municipalities to invite consultants that they used to perform some of their functions when an auditing process was unfolding. AG reported that it planned to monitor and evaluate the effectiveness of the use of consultants by municipalities in order to determine value for money used to pay these consultants in relation to service delivery and reporting requirements. The AG reported that it was willing to suggest innovative interventions in municipalities’ activities but it was constrained by the principle of separation of powers in Government. The AG reminded the district municipality to play a more active role in assisting local municipality where needed.

2.2 South African Local Government Association’s Comments

2.2.1 The South Africa Local Government Association (SALGA) reported that it had identified poor-performing municipalities in Mpumalanga and developed a programme to assist these municipalities in addressing some of the challenges raised by the Auditor General. SALGA claimed that this intervention had already started with municipalities in Bushbuckridge. They also reported that the Provincial Executive Committee of SALGA had resolved that municipalities must have their own audit committees dedicated to their functions. SALGA argued that district municipalities should help local municipalities in this regard as it was one of their core functions as district municipalities. Furthermore, SALGA reported that they were in discussion with National Treasury to send interns to municipalities that were experiencing challenges in terms of financial management and related matters.

2.3 National Treasury

2.3.1 National Treasury reported that, in the past, financial management grants were available to municipalities but these grants were seriously underspent because municipalities failed to recruit ‘trainable’ interns.

2.3.2 National Treasury also reported that they had designed training courses aimed at capacitating poor-performing municipalities with financial skills. But National Treasury indicated that the challenge is that relevant officials from municipalities, mostly financial and municipal managers, did not attend workshops/ training sessions. Instead, senior managers send junior officials to capacity building programmes. In addition to formal training sessions prepared for municipalities, National Treasury had prepared circulars and electronic devices. But there is little (if any) evidence that municipalities in Mpumalanga use these educational resources.

2.3.3 National Treasury advised that Mpumalanga Provincial Treasury should be at the fore front of the provision of financial skills to municipalities in its province. National Treasury expressed their dissatisfaction about the support that was given by the Mpumalanga Provincial Treasury to its municipalities.

1. Municipalities’ Performance and Analysis

3.1 Emalahleni Local Municipality

3.1.1 Emalahleni Local Municipality (ELM) reported that sector departments were not participating in their Integrated Development Plan (IDP) and that this lack of cooperation from sector departments has had a negative impact on the formulation of credible IDPs. The Committee is of the view that the Department of Cooperative Governance and Traditional Affairs should play a key role in coordinating activities relating to IDPs; ensuring that sector departments participates in these plans.

3.1.2 ELM also reported that it was experiencing serious challenges with the management of waste management sites. For example, the sewer system was over-capacitated and sewerage was spilling to the nearest river/s. What is of serious concern is the risk that this polluted water is used by households for domestic purposes (including drinking) and livestock for drinking purposes.

3.1.3 Furthermore, ELM reported that there are water backlogs in its municipality. For example, approximately 1200 households did not have access to clean water. Some of the causes for this inaccessibility to clean water are as a result of some farmers denying municipality access to their farm land in order to provide clean water, electricity, and sanitation to communities living on farm lands.

3.1.4 ELM admitted that it is faced with a major challenge of attracting and, mainly, retaining scarce skills like finance and engineering because most of these specialists accept job offers from local mining companies because they are offering them better remuneration packages than what municipalities could afford. In other words, specialists may start at municipalities as interns and proceed to mining companies once they are fully qualified for their specialization. This practice hampers service delivery by municipalities

3.1.5 ELM is under the impression that the work of community development workers (CDWs) is not effective and not efficiently co-ordinated, monitored nor evaluated. According to CDWs, the main cause for the poor performance of CDWs is poor coordination. For example, CDWs report to the provincial office (not to municipalities) because they are employed by them, but they work at a local government (municipal) level. This poses a challenge since monitoring and evaluation can not be undertaken because no feedback is directed to municipalities. Consequently, reviews are not properly conducted.

3.1.6 ELM reported that some of its roads are being damaged by heavy trucks that are using roads which are constructed for smaller vehicles. Legally, there is nothing ELM can use to stop these heavy trucks from driving on these smaller roads. The Committee is of the view that a partnership between the departments of Transport and Cooperative Governance and Traditional Affairs should be formed in order to address this issue.

3.1.7 When responding to the Committee’s questions, ELM admitted that the use of consultancies had limitations and reported that it plans to develop its skills in-house. ELM reported that engineering, financial management and project management are some of the areas where they seriously lack skills. ELM indicated that service delivery is compromised by lack of technical skills at a local government level.

3.1.8 ELM is of the view that national departments who owe them money is letting them down because these national departments know that municipalities do not have a lot of money but still these departments are not paying them. ELM strongly believed that if these departments paid them in time, most of that revenue collected would have been put into productive use and improve service delivery. ELM committed to supply the Committee with a list of departments who are not paying them on time.

3.1.9 ELM reported that there is insufficient land in Mpumalanga that the municipality can use for developmental purposes. Implications are that most land was in the hands of farmers. ELM indicated that more municipal land was required especially because there is huge service delivery backlog in its municipality owing to inward migration by households seeking job opportunities in the mining companies in ELM.

3.1.10 National Treasury acknowledged that ELM is experiencing problems in obtaining technical skills. National Treasury is under the impression that the district municipality was to share their technical skills with local municipalities who could not afford their own. National Treasury advised that local municipalities may want to explore other recruitment options like sourcing these scarce skills from neighboring countries. Another option could be to form Public Private Partnership (PPP) with local mining companies. The Committee advises that the Department of Cooperative Governance and Traditional Affairs explores and facilitates these options.

3.1.11 The Department of Co-operative Governance and Traditional Affairs (COGTA) reported that it had set up a task team to report on the challenges faced by all municipalities in South Africa and that this task team had started with Mpumalanga and a report would be made available to the public once it has been finalised. COGTA is of the view that the highly anticipated report would enable it to address challenges that are faced by local municipalities.

3.1.12 COGTA reported that Municipal Infrastructure Grant (MIG) amounting to R28 million that was initially allocated to ELM was taken back by National Treasury last year because ELM failed to spend this grant. Failure to spend this grant was due to late implementation of MIG programmes by ELM. However, after MIG grant was taken back, discussions took place with an aim of assisting ELM in spending their grant. COGTA reported that, after this intervention, ELM is amongst the top municipalities that are spending their MIG well. In other words, interventions helped improve spending on MIG. This is good example to be followed by other municipalities.

3.1.13 Eskom reported that they are going to fast track short-term electricity applications made by ELM. Eskom suggested that there is a need to strengthen the Energy Forum that is headed by SALGA in order to address electricity backlogs effectively. Eskom commented that the challenge they are facing is that households are occupying land illegally. Eskom reported that informal settlements are being formed everywhere in Mpumalanga and that had increased the demand for municipal services. Eskom advised that Government may want to review the setting up of informal settlement in South Africa. Failure to do so, Eskom argued that Government would not meet their long term goal of formalizing informal settlements in South Africa. For existing formal settlements in Mpumalanga, Eskom had developed electrification plans for them and these plans are ready for implementation.

3.1.14 Eskom also reported that municipalities are invited to apply for more electrification funding by the Department of Energy. However, Eskom reported that the extent to which municipalities can do in terms of service delivery is constraint by attitude of farmers. For instance, Eskom reported that some farmers refuse to allow municipalities to their land in order to provide municipal services to communities that are living on farm land. Eskom appealed to the Committee for assistance on how to deal with farmers who are violating rights of households in farms to basic services; a right that is enshrined in our Constitution.

3.1.15 The Department of Water and Environmental Affairs (DWEA) reported that it had budgeted R6 million to provide the municipality with water and waste water projects. But, DWEA reported that ELM has not made sufficient allocation for water infrastructure in their capital budget and that ELM had not reported water shortages. DWEA encouraged ELM to plan for water projects appropriately. DWEA expressed their concerns that an increasing number of mining companies in Mpumalanga were given mining licences, but these mining companies had not committed themselves to water conservation and that has led to water pollution.

3.1.16 The Development Bank of Southern Africa (DBSA) claimed that it was assisting municipalities with technical skills and funding. Through the Siyenza Manje programme, DBSA reported that it recruited scarce (technical) skills from neighbouring countries in order to provide municipalities with these limited technical skills. DBSA advised that, because technical skills are scarce in Mpumalanga, municipalities may want to explore option of sharing these skills instead of head-hunting these skills from one another. The Committee is of the view that the Department of Cooperative Governance and Traditional Affairs has an important role to play in terms of facilitating these sharing schemes.

3.1.17 Eskom revealed that it does not encourage municipalities to take loans although it is provided for in terms of the Municipal Finance Management Act (MFMA). DBSA reported that the bank intends to meet with municipalities in order to discuss and plan on how it is to assist them. DBSA also reported that they had met with the Provincial Treasury and the relevant MECs to plan on how to assist municipalities.

3.2 Govan Mbeki Local Municipality

3.2.1 Govan Mbeki Local Municipality (GMLM) admitted that it lacked financial skills and most financial positions are occupied by acting people. However, GMLM told the Committee that it has developed strategies to fill vacant positions in the near term. In terms of financial management capacity building, GMLM informed the Committee that National Treasury is assisting them with training sessions. GMLM plans to use financial management grant to capacitate the personnel in finance and, for monitoring and improvement of financial systems.

3.2.2 Govan Mbeki Local Municipality (GMLM) reported that the municipality had a roll over of R19 million from 2007/08 financial year for the Municipal Infrastructure Grant. GMLM argued that this huge roll-over was as a result of the delay in the approval of the business plan by COGTA and DWEA. GMLM pointed out that it has requested the services of the KPMG Services (Proprietary) limited (KPMG) to perform the internal audit function with the intention that KPMG would transfer skills to GMLM’s personnel working with them.

3.2.3 GMLM admitted that it is experiencing some problems with the eradication of the bucket system which resulted in the failure of the Embalenhle project although a large amount of money had been spent.

3.2.4 GMLM reported that the size of their indigent register was increasing and that is causing a negative impact on the revenue collected. GMLM also reported that the municipality was having a problem with the ageing infrastructure, mainly in Bethal and Mzinoni. Added to these challenges, GMLM is experiencing electricity problems in Bethal. Furthermore, GMLM argued that insufficient voltages provided by Eskom added to the electricity problems faced by GMLM. Similarly to Emalahleni Local Municipality (refer to section 3.1 above), GMLM is faced with a challenge of heavy trucks that are damaging roads which are constructed for smaller vehicles.

3.2.5 COGTA reported that GMLM is not spending their MIG as expected. With respect to the technicians deployed to GMLM, COGTA reported that they did not receive co-operation and acceptance from municipal officials and that the deployed officials found the working environment within municipalities unwelcoming and they had to leave.

3.2.6 Eskom reported that it is in discussions with municipalities over applications for higher electricity voltages in order to improve electrification projects.

3.2.7 GMLM reported that DBSA, through the Siyenza Manje programme, supply them with deployees in the field of finance and other technical skills. Unfortunately, GMLM was of the opinion that it did not benefit from these deployees because deployees are shared among municipalities and are not available when they are mostly needed. DBSA requested to meet with the municipality to discuss the challenges municipalities are facing with respect to DBSA’s deployees.

3.2.8 National Treasury reported that GMLM was not reporting their financial performance in accordance with the required standards. National Treasury alleged that GMLM is, in some aspects, not providing the Committee with the accurate information.

3.2.9 GMLM informed the Committee that it had been partly led down by poor performing contractors. Contractors could not finish some of the projects owing to technical reasons. An investigation was conducted and report was made available to the relevant provincial Member of Executive Committee (MEC). GMLM expect legal action to be taken against poor performing contractors. SALGA reported that it would develop a programme to monitor and evaluate the service provided by consultants within municipalities.

3.2.10 The Committee is of the view that National and Provincial Treasuries assist GMLM in its plan to spend MIG. GMLM is encouraged to make use of approved reporting guidelines provided by National Treasury.

3.2.11 Similarly to Emalahleni Local Municipality, GMLM informed the Committee that it is experiencing difficulty when it is attempting to access farm lands in order to provide basic services to communities living on farm lands. GMLM reported that some farmers refuse them entry into their farm land. GMLM is of the view that Government should intervene and assist municipalities when they are trying to access farm lands for community development purposes.

3.2.12 COGTA expressed their dissatisfaction with the rate at which GMLM is spending their conditional grants. COGTA is of the view that GMLM did not plan accordingly on spending conditional grants and provides invalid reasons for their failure to spend conditional grants. COGTA reported that GMLM provides good projections on how they plan to spend their grants but fails to provide proof that funds are committed. The Committee advised GMLM and COGTA to meet and discuss how GMLM is going to improve their spending trend.

3.3 Pixley Ka Seme Local Municipality 3.3.1 The executive mayor of the Pixley ka Seme Local Municipality (PSLM) informed the Committee that, six months ago, Mpumalanga provincial executive intervened in the management of PSLM in terms of section 139 (1b) of the Constitution of the Republic of South Africa, Act 108 of 1996. Currently, PSLM is under the management of the administrator.

3.3.2 The administrator of PSLM cited high vacancy rate and negative audit reports as some of the causes for PSLM to be put under administration. The other concern of the PSLM’s residents that led to a public protest was that PSLM failed to provide such refuse removal service and its residents refuse to pay for this service. The administrator reported that the council has conceded to the writing-off of refuse removal debts over the period starting from July 2008 to August 2008. This had obviously led to a decline in the service revenue collected by PSLM over the 2008/09 financial year. The high vacancy rate within the finance division means that PSLM did not have sufficient expertise to management their financial matters well, including debtors’ collection. This is one of the serious challenges for most municipalities in Mpumalanga.

3.4 Lekwa Local Municipality

3.4.1 Lekwa Local Municipality (LLM) reported that the chief financial officer and the municipal manager had resigned from LLM. Due to scarce financial management skills, the budget and treasury unit of LLM is comprised of only four personnel (that is, two permanent staff and two interns). Obviously, LLM’s finance and treasury unit is under-capacitated and that situation has a negative impact on service delivery.

3.4.2 LLM also reported that the former Department of Local Government and Housing had compiled a report after investigating late submission of financial statements and non-compliance with the Municipal Finance Management Act. It is reported that LLM’s council is implementing recommendations of the report. Furthermore, LLM reported that it experienced technical challenges when it was trying to conform to the new reporting requirements of National Treasury. LLM did not have an internal auditor.

3.5 Mkhondo Local Municipality

3.5.1 Mkhondo Local Municipality (MLM) reported that Mpumalanga provincial executive intervened in the management of MLM in terms of section 139 (1b) of the Constitution of the Republic of South Africa, Act 108 of 1996. Currently, MLM is under the management of the administrator. This intervention was as a result of allegations of fraud, corruption and maladministration. These allegations had led to unrests within the municipality. Consequently, both the municipal manager and the chief financial officer were placed under special leave. MLM informed the Committee that an investigation report would be completed in the near term and a copy of that report would be made available to the Committee.

3.5.2 MLM reported that it did not have funds to spend on projects that were under construction. MLM admitted that its Integrated Development Plan (IDP) was not credible owing to insufficient public participation. In order to address that challenge, MLM had asked provincial treasury to assist it with the development of sound IDP. In the 2009/10 financial year, MLM did not have sufficient funds to implement sewer treatment plant. This project was postponed for the following financial year.

3.5.3 MLM reported that it had serious shortage of staff in the supply chain management unit. Even worse, three staff members of the afore- mentioned unit were suspended owing to allegations of supply chain mis- management. MLM reported that it had made late submission of financial statements for the past three years owing to bank reconciliation challenges.

3.5.4 MLM informed the Committee that households in rural areas were using water from the river which was polluted by live stocks. In order to temporary address that this undesired situation, the administrator had hired five water tankers in order to provide rural communities with clean water. Mondi Paper Milling Company had donated R750 000 towards service delivery by MLM. MLM also reported that it had unused land within their jurisdiction.

3.5.5 MLM admitted that they had huge service delivery backlogs; some of which were inherited from the past. In order to address some of these backlogs, MLM had asked for assistance from Nkangala District Municipality which had received a clean audit opinion in the past. MLM reported that it was receiving great help from Nkangala District Municipality.

3.6 Comments on the Reports of Pixley Ka Seme, Lekwa and Mkhondo Municipalities

3.6 1 The Committee is of the opinion that there are serious challenges facing Pixley Ka Seme, Lekwa and Mkhondo municipalities. Because of those challenges, the Committee committed itself to conducting a follow-up oversight visit to these three municipalities. Members are in agreement that the above-mentioned municipalities require urgent and aggressive service enhancement interventions. The Committee agreed that these three municipalities need help from relevant departments/stakeholders, like departments of Water and Environment Affairs, Co-operative Governance and Traditional Affairs, Eskom, National Treasury, Provincial Treasury and so forth.

3.6.2 After much deliberation with these three municipalities, the Committee was of the view that the level of support that is provided by the Development Bank of Southern Africa (DBSA) to these municipalities requires serious improvement. The Committee urged DBSA’s representatives to upgrade and fast-track support mechanisms given to these and other municipalities.

3.6.3 The Committee was not completely satisfied with the reports provided by the administrators on the status quo of their municipalities because it felt that they only mentioned negative things that was happening in municipalities without mentioning any good things (if any). The Committee raised its concern over litigation whereby officials are taken to court and later settle dispute through alternative dispute resolution (ADR); resulting in a large amount of money being paid by the municipality. The Committee is of the view that litigation should be undertaken only if there is high probability for the municipality to win the court case. Otherwise, a municipality may waste money and time on unsuccessful litigations that are usually settled out of court with huge financial implications; thus compromising service delivery due to wasteful monetary and non-monetary costs.

3.6.4 The Committee commented that councilors should be discouraged from regarding their positions as a tool for making money without advancing the interests of the poor. The Committee subscribes to the initiative that aims to ensure that corrupt councilors face ‘the full arm of law’.

3.6.5 With respect to these three municipalities, Auditor General’s report indicated that they lacked leadership, technical and general management skills. To address these skills shortage, the Committee urged all relevant departments/stakeholders to assist these three poor-performing municipalities and others.

3.6.6 The Committee advised that the Department of Cooperative Governance and Traditional Affairs leads a team of departments and other stakeholders that would collectively design, implement, monitor and evaluate service enhancement interventions.

3.6.7 The Committee is of the view that the existence of administrators in municipalities should be a temporary solution. The Committee supports the idea of having administrators as temporary caretakers; transferring skills to the municipalities so that municipalities become self-sufficient and independent. Put differently, the Committee sees the role of an administrator as temporary aimed at helping, coaching, educating, mentoring and developing employees of a poor-performing municipality. The Committee emphasized that much of the success of an administrator is dependent on the cooperation between an administrator and officials working for that particular municipality.

3.6.8 National Treasury reiterated that it provides Parliament with information on the spending trends of municipalities compiled through section 71 of the Municipal Finance Management Act. National Treasury appealed to Parliamentary committees to make use of this information in order to get a better understanding of spending trends in municipalities. For example, National Treasury revealed that a total of R444 million is unspent by twelve (12) municipalities in Mpumalanga. National Treasury informed the Committee that it is only Parliament’s committees, not National Treasury, who can ensure that municipalities spend appropriately. National Treasury can only withdraw funds if they were not spent. Put differently, only Parliament’s committees can ensure that municipalities deliver improved services to its citizens.

3.6.9 National Treasury advised Government that they need to strengthen cooperative governance. National Treasury urged municipalities to work closely with them and to refrain from denying that they are in trouble until a disaster happens. In other words, National Treasury strongly believed that municipalities ‘grow’ problems into mountains and only try to act against them when things are beyond control. Recent service delivery protests across the country attest to this argument. National Treasury confidently stated that some municipalities’ report do not reveal problems in municipalities until service delivery protests erupt.

3.6.10 COGTA admitted that service delivery protests in Mpumalanga are clear evidence that there are deep service delivery challenges in Mpumalanga. COGTA reported that it plans to invite all relevant stakeholders and to discuss better ways of addressing unrest and service delivery in Mpumalanga. Report on the outcomes of this proposed service delivery workshop/s in Mpumalanga would be forwarded to the Committee.

3.7 Thaba Chweu Local Municipality

3.7.1 Thaba Chweu Local Municipality (TCLM) reported that it had experienced unrest after it was discovered that an amount of R3.2 million was missing in the financial system. Although TCLM had recovered R2 million, R1.2 million was still missing. Investigation to recover the latter is underway, TCLM reported. Another challenge reported by TCLM was that it is finding it difficult to service a loan that was taken out in 1972 because it is 76 per cent of their total funds comprises of grants. These grants could not be used for other purposes other than purposes intended for.

3.7.2 TCLM reported that its mayor and thirteen (13) councilors were suspended and protests were still going on, demanding the remaining councilors to resign owing to poor service delivery. Because most councilors were on suspension and their positions are not vacant as yet, their positions could not be advertised. The Committee expressed their disappointment that the remaining councillors did not come to account to the Committee when they were mostly expected to do so and as provided for in terms of section 69 of the Constitution.

3.7.3 TCLM admitted that they have thirty-three (33) percent vacancy rate which obviously led to capacity constraints. TCLM attributed this high vacancy rate to inability to recruit scarce skills because municipalities are offering unattractive packages when they are compared to packages offered by the private sector. The Committee advised that TCLM should explore other options of developing and retaining scarce skills, including Private Public Partnerships. TCLM committed itself to providing the Committee with additional information on qualifications and vacancy rate for their municipality.

3.8 Nkomazi Local Municipality

3.8.1 Nkomazi Local Municipality (NLM) reported that court hearings are demanding time from its leadership. For example, its municipal manager and the chief financial officer were not present to brief the Committee. Instead, they attended court hearings. The Committee is of the view that the representative from NLM was a junior official who may be unable to engage with the Committee at a strategic level.

3.8.2 NLM admitted that they do not have an up-to-date indigent register. NLM reported that they plan to update it so that they could base their developmental plans on reliable data.

3.8.3 Similarly to most municipalities visited in Mpumalanga, NLM revealed that they were struggling with the recruitment of scarce skills. NLM reported that, although financial systems are in place, there were no ‘warm bodies’ to use and support them. NLM indicated that they lacked other types of technical skills like engineering. 3.8.4 NLM reported that the sector departments are providing ‘a mouth service’ to it. For example, sector departments had promised to assist NLM in providing better municipal services, but they have failed to honour their promises. NLM is of the view that much of their weaknesses are partly caused by lack of assistance from sector departments.

3.8.5 NLM admitted that their plans are still based on the community census that was conducted in 2001. Obviously, NLM’s plans are not based on real figures, but on out-dated numbers because NLM is experiencing rapid population growth due to inward migration as the municipality is close to the borders of Mozambique and Swaziland.

3.8.6 Overall, the Committee is not impressed with the service of municipalities visited in Mpumalanga. With respect to questions of Members that representatives from municipalities could not answer, Members requested that NLM forward responses to un-answered questions in writing to the Committee’s Secretariat. The Committee is of the view that the Department of Co-operative Governance and Traditional Affairs (COGTA) should play a leading role when all relevant departments and stakeholder are assisting municipalities; starting with the struggling ones.

3.9 Comments on the Reports of Thaba Chweu and Nkomazi Municipalities

3.9.1 National Treasury is of the view that relevant departments and provincial treasury did not adequately monitor these struggling municipalities in Mpumalanga. National Treasury suggested that more emphasis must be placed on monitoring and evaluation. National Treasury is of the view that the financial management grant (FMG) is used for incorrect purposes. For example, TCLM used FMG for customer care courses and National Treasury is of the view that the use of FMG for customer care courses was a wasteful and useless expenditure. National Treasury advised TCLM that FMG was to be used for strategic finance. According to National Treasury, municipalities like TCLM are not capacitating interns with appropriate skills, namely financial management.

3.9.2 The Department of Co-operative Governance and Traditional Affairs (COGTA) suggested that political support is one of the key requirements for sorting out governance issues in Mpumalanga. COGTA is of the view that political support should precede a sound turnaround strategy to assist struggling municipalities. COGTA advised that municipalities should research better ways of spending their grants. For example, the Municipal Infrastructure Grant is amounting to R78 million; municipalities are failing to spend grants according to their business plans. COGTA revealed that, as a department, they had developed a turnaround strategy for all municipalities in South Africa. In addition to this national strategy, COGTA had devised a special turnaround strategy for municipalities in Mpumalanga in response to a current ‘wave’ of service delivery protests and unrests in some of the municipalities in Mpumalanga.

3.9.3 Eskom reported that Thaba Chweu and Nkomazi municipalities are not paying their bills on time. Eskom revealed that it planned to meet with Department of Energy and discuss how to assist municipalities, starting with the struggling ones.

3.9.4 South African Local Government Association (SALGA) advised municipalities to use their scarce resources effectively. SALGA added on saying that Members are expected to visit projects that are being implemented by municipalities in order to verify the success of these projects. SALGA cited an example in Buskbuckridge where a municipality claimed that they had a successful project but, on inspection, it was found that there was no project. SALGA advised municipalities in rural areas like Nkomazi Local Municipality to identify innovative ways of generating their own revenue. For example, SALGA reported that there was land in Mpumalanga that was selling for approximately R1 million per plot and these plots are highly sought after for the erection of holiday homes.

3.9.5 The Department of Water and Environmental Affairs (DWEA) reported that it is updating indigent register for Mpumalanga but the challenge was that municipalities lacked appropriate policies. For example, there was a repetitive illegal connection of water in some municipalities.

1. Recommendations

After extensive consideration and analysis of the reports and verbal/written submissions from the above-mentioned municipalities in Mpumalanga, sector departments and other stakeholders, the Committee recommends the following:

1. The Department of Co-operative Governance and Traditional Affairs leads a task team comprising of National Treasury, Auditor-General and other relevant stakeholders to discuss and report on the minimum job requirements for management positions in municipalities;
2. The Department of Co-operative Governance and Traditional Affairs leads a task team comprising of National Treasury, Auditor-General and other relevant stakeholders to analyse and evaluate the advantages and disadvantages of shared internal audit committees for municipalities;
3. The Department of Cooperative Governance and Traditional Affairs, in consultation with relevant stakeholders, develops, implements and evaluates strategies for improving the effectiveness of ward committees;
4. The Department of Cooperative Governance and Traditional Affairs co- ordinates, monitors and evaluates the assistance of sector departments to municipalities when they are developing Integrated Development Plans;
5. The Department of Cooperative Governance and Traditional Affairs, working together with the Department of Justice and Constitutional Development, the Department of Rural Development and Land Reform, Human Rights Commission, South African Local Government Association, and any other relevant stakeholders, develops strategies on how to manage farmers who refuse municipalities access to their farm land to provide services to communities that are residing on farm lands;
6. The Department of Cooperative Governance and Traditional Affairs, working together with the structures of community development workers and other relevant stakeholders, develops strategies aimed at increasing the effectiveness of community development workers;
7. The Department of Transport, working together with the Department of Cooperative Governance and Traditional Affairs, expedites the process of road reclassification with an aim of finalizing the process within six months from the adoption of this report by the house;
8. The Department of Cooperative Governance and Traditional Affairs leads a team to be tasked with the development of strategies aimed at ensuring that municipalities recruit, train and retain key personnel;
9. The Department of Cooperative Governance and Traditional Affairs, in consultation with National and Provincial Treasuries, Development Bank of Southern Africa and any other relevant stakeholders, work together with municipalities to develop their own skills competencies without outsourcing their core functions to consultants and to develop policies and guidelines for appointing outside consultants;
10. Statistics South Africa, in consultation with national departments of Cooperative Governance and Traditional Affairs, Home Affairs and municipalities, updates statistics of communities in municipalities every year in order to ensure that municipalities base their service delivery plans on reliable data; and
11. The Presidency, working together with the Department of Cooperative Governance and Traditional Affairs and National Treasury, develops an intergovernmental payment policy aimed at ensuring that interdepartmental debts are settled when they fall due especially when a national department owes a municipality.

Report to be considered.

1. Report of the Select Committee on Finance and Appropriations on the First Quarter spending on capital expenditure, non-capital expenditure and conditional grants by Provincial Departments of Health, dated 10 February 2010.

The Select Committee on Finance and Appropriations having considered the First Quarter spending on capital expenditure, non-capital expenditure and conditional grants by provincial departments of Health, reports as follows:

1. Introduction

The Select Committee on Finance was established in terms of section 4(3) of the Money Bills Amendment Procedure and Related Matters Act No.9 of 2009. Among its responsibilities, the Committee is required to consider and report on spending issues, and on actual expenditure published by the National Treasury. The Committee has adopted a tradition of inviting both National Treasury and the affected departments to account on government spending. This consultative approach gives the Committee an opportunity to interrogate departments on their spending with a view to identifying gaps and strengthening public spending.

In line with its mandate, the Committee held public hearings with the National Treasury, National Department of Health and four Provincial Departments that receive the Comprehensive HIV and AIDS, Forensic Pathology Grant, and Hospital Revitalisation Grant during the 18th of September 2009. The hearings were prompted by the under spending within those departments on the first quarter of the financial year 2009/10.

1. Presentation by National Treasury

The current spending of the Forensic Pathology Grant was reported to be at 26.9% of the total allocation of R492 billion. The other grants were reported to be under spending were the Comprehensive HIV and AIDS at 19% of the total allocation of R3.5 billion, Hospital Revitalisation Grant at 18.7% of the total allocation of R3.2 billion.

1. Presentation by Provinces

3.1. KwaZulu Natal

The department indicated that the spending for the first quarter on conditional grants had been at R3.7 billion. The Hospital Revitalisation grant was reported to be reflecting a slow spending but hoped that it would recover in the next quarter. It was reported that the department had managed to spent R46.2 million of the R449 million allocated for the Hospital Revitalisation grant and that they were at 10.3%.

It was reported that there were specific project that had made the grant not to perform and those being Hlabisa and Lower Umfolozi hospital. The reasons for under spending and the low expenditure were the hiccups in supply chain management processes in the province. 3.1.1. National Treasury

It was reported that treasury was happy with the way in which the department was now working with them.

3.1.2. National Department of Health

It was reported that when the grant was introduced, it was only meant for infrastructure but later it catered for other programmes. The department encourages provinces to utilize the grant in order to build more hospitals. And that there was a need to improve the working relationship between the department and the implementing agencies.

3.1.4. Observation

None or low spending was an indication of no/poor service delivery on the ground by the province and the department should take that very seriously.

3.1.5. Resolution

There was a need for the province to focus on the monitoring of projects and also the strengthening of its relationship with the implementing agencies.

3.2. Eastern Cape

The MEC expressed his disappointment with the statement made by National Treasury that his department had projected to under spend. It was mentioned that the province was only left with an amount of R347 million for the rest of the financial year that needed to be spent.

On the HIV and AIDS grant it was mentioned that they were having many challenges that made them to under spend. Those related to compensation of employees and the linking of codes with the computerised persal systems. And with regards to the Forensic Pathology problems encountered were the transfer of funds and service level agreements that were not signed.

It was acknowledged that the two grants were having challenges, and the department had sorted those challenges out. It was reported that the challenge on the forensic pathology was of the implementing agency (Coega). It was reported that on both grants the issue was delay in the payment of the service providers, and that is now in order.

3.2.1. Observation

The presentation was too brief, insufficient in terms of details on funding and progress on these grants.

3.2.2. Resolution

If there are problems in EC and Health, let them provide the Committee with a clear picture of what is happening in the province. The department must provide a report within three months on the actual spending in relation to the items.

3.3. Limpopo The MEC acknowledged that it was a concern that they were not able to spend on the grant. The MEC reported that they had met with the relevant personnel in resolving the challenges on the spending of the grant. It was reported that the department is engaging the department of Public Works and Treasury on how to improve on the spending of the Hospital Revitalisation grant.

At the moment it was reported that the problem was with the implementing agencies that needed to be looked at. The under spending was that of the implementing agency terminating contractors and not replacing them on time. In future the department would provide a full report as requested by the committee from other provinces.

It was reported that new contractors were put in place of those that were dismissed as of 8 September 2009 and the department is hoping for better results. It was also reported that the construction being done was not for a new building but those being demolished.

3.3.1. National Treasury

The allocations were being informed by the business plans that are submitted to the Treasury. On the issue of the interests on the R15 million it would remain with the provincial revenue funds or the provincial treasury.

3.3.2. National Department of Health

It was reported that there was a need for the national department to assist with the details of the presentations when provinces do appear before the committee.

On the issue of the budget being required by provinces or not, it was reported that it was based on the business plans being approved for the province and that was what will be funded by National Treasury.

It was also reported that provinces were very polite with the implementing agencies and there was a need for the committee to really look at that matter.

3.3.4. Observation

There was a serious need for support for this provincial department.

3.3.5. Resolution

National Treasury together with National Department of Health and Provincial Treasury need to join hands in providing support to the provincial department

The committee resolved that there was a need to invite the national department of public works in the Committee meetings so as to be able to engage them on the matter of the implementation of projects.

3.4. Gauteng

The MEC mentioned that there was a need to take the debate of the size of the hospitals with the Minister and she would do that. It was also mentioned that the department had been able to spend the grant in previous years and were now specifically organizing the unit concerned with the grant that had not have sufficient capacity to deliver.

To increase the current benefiting patients from 205 000 to a target of 300 000 beneficiaries. And it was also reported that the issue of the department not having made the required percentage was the failure of Medical Depot in introducing new IT systems.

3.4.1. National Department of Health

On the issue of the funds being withhold from the department it was with the provincial treasury and the department were to request it from them. On the issue of the system failing the province, it was reported that it was only rolled out to Gauteng and four provinces would follow. The department reported that they did not want to see themselves sitting with the problem of having contractual breach as they had contracted the service provider and were in advanced stage on the matter.

It was reported that on the issue of the size of the hospitals that was the system being followed by the department in terms of policies and when approving those structures they are guided by norms and standards.

3.4.2. National Treasury

It was reported that Treasury were in a process on finalizing that rollover for the province. It was also reported that on the issue of the un spend funds they had not received any letter in that regard.

3.4.3. Observations:

The committee acknowledged the fact that the department had managed to sort out the two clinics in Zola and in Jabulani that has been standing unfinished for some time. The issue of reliance on consultants by the department is also contributing on its poor spending

3.4.4. Recommendations:

• The provinces need to resolve the issues of their capacity challenges and reliance on consultants; • They should look at ways of management of the grant properly; • Monitoring, evaluation, and control mechanisms must be put in place

1. Conclusion

The use of consultants and implementing agencies need to be reviewed. In future the Provincial Departments of Public Works as implementing agencies need to be part of the deliberations.

Report to be considered.

1. Report of the Select Committee on Finance and Appropriations on the First Quarter spending on capital expenditure, non-capital expenditure and conditional grants by provincial departments of Education, dated 10 February 2010.

The Select Committee on Finance and Appropriations having considered the First Quarter spending on capital expenditure, non-capital expenditure and conditional grants by provincial departments of Education, reports as follows:

1. Introduction The Select Committee on Finance was established in terms of section 4(3) of the Money Bills Amendment Procedure and Related Matters Act No.9 of 2009. Among its responsibilities, the Committee is required to consider and report on spending issues, and on actual expenditure published by the National Treasury. The Committee has adopted a tradition of inviting both National Treasury and the affected departments to account on government spending. This consultative approach gives the Committee an opportunity to interrogate departments on their spending with a view to identifying gaps and strengthening public spending.

In line with its mandate, the Committee held public hearings with the National Treasury, National Department of Education and five Provincial Departments that receive the HIV and AIDS (Life Skills Education) grant during the 16th of September 2009. The hearings were prompted by the under spending within those departments on the first quarter of the financial year 2009/10. The invited five provincial departments had spent less than 15 per cent of the above mentioned grant.

1. Presentation by National Treasury

The provinces were allocated a total budget of R290.6 billion. Of this amount, provinces have managed to spend R72.4 billion or 24.9 per cent of the allocated budget in the first quarter. This represents a spending increase year-on-year of 21.1 per cent or R12.6 billion higher than the same period last year when provinces had only spent R59.7 billion.

Education has managed to spend about R30.2 billion or 25.5 per cent of the R118.5 billion combined education budgets and remains the largest item on provincial budgets (40.8 per cent). The spending patterns reflect a 22.1 per cent or R5.5 billion increase over the same period last year.

The Provincial Education Departments was allocated an amount of R5.5 billion. The provincial education departments have only spent about R1.6 billion or 29.1 per cent of the allocated budget.

1. Detailed analysis for the first quarter (of the period 2009/10 financial year)

Provinces have spent 24.9 per cent or R72.4 billion of budgeted expenditure of R290.6 billion for the first quarter into the current financial year. Spending to date is at a higher level in percentage terms compared to spending against budgets over the same period in the 2008/09 financial year (24 per cent).

However, in nominal terms, spending is R12.6 billion or 21.1 per cent more than for the same period last year when provinces had spent R59.7 billion. Between provinces, spending ranges from the lowest share of 22.9 per cent in Free State and 23.3 per cent in Northern Cape, to the highest at 27.2 per cent in Gauteng and 26.4 per cent in Eastern Cape.

Education budget of R118.5 billion comprises of 40.8 per cent of total provincial budgets which indicates that education expenditure is at R30.2 billion or 25.5 per cent of the total Education budget, an increase of R5.5 billion or 22.1 per cent compared to the R24.7 billion spent over the same period in 2008/09.

Spending by provinces on education ranges from the lowest rate in KwaZulu- Natal at 24.1 per cent and North West at 24.2 per cent to the highest in Gauteng at 27.6 per cent and both Mpumalanga and Free State at 26.2 per cent.

Spending on goods and services (which include learner and teacher support material) in education is recorded at R2.9 billion or 21.2 per cent of the allocated budget of R13.7 billion. It comprises approximately 11.6 per cent of total provincial education budgets, which is exactly the same percentage share compared to the 2008/09 financial year.

The bulk of education expenditure is on personnel (71.9 per cent). Current spending on education personnel amounts to R21.7 billion or 24 per cent of the education personnel budgets of R90.5 billion.

Spending by provinces ranges from the lowest in North West at 22.3 per cent and both Western Cape and Mpumalanga at 23.4 per cent, to the highest in Limpopo and Eastern Cape at 25.5 per cent and 24.4 per cent respectively.

Education capital expenditure is at R1.6 billion or 29.1 per cent of the R5.5 billion budget. This is a significant increase of 109.7 per cent or R834.3 million more than the R760.5 million spent on capital over the same period last year.

The budget spending by provinces range from the lowest in Mpumalanga at only 17.5 per cent and Gauteng at 18.9 per cent to the highest in Free State at 57.4 per cent and Northern Cape at 41.9 per cent.

3.1. Conditional Grants

In Education five Provincial Departments (Gauteng, Kwazulu-Natal, Limpopo, Mpumalanga and Northern Cape) has reported an under spending of less than 15 per cent in HIV and Aids (Life Skills Education) Grant during the 2009/10 financial year. Mpumalanga was the only Provincial Education Department that reported a poor spending of below 15 per cent in National School Nutrition Programme Grant while six Provincial Departments (Free State, Gauteng, Kwazulu-Natal, Limpopo, Northern Cape and Western Cape) has indicated spending that ranges between 15 to 25 per cent in the current year.

1. Presentation by Provinces

4.1. Mpumalanga

The MEC mentioned that they had accrual amounting to R239 million emanating from the previous financial year. It was mentioned that the major problem of the department was the accruals. It was mentioned that the department was having limited internal resources to conduct effective monitoring. It was also mentioned that they were having capacity constraints and that was making them not to spend the grant.

It was reported that the department had spent 43% of their total budget allocation for the current financial year. It was reported that they had over spent by R414 million on their personnel and that resulted in the non payment of service providers. It was reported that they had managed to spend 20% on the National School Nutrition Programme Grant and only 18% for the HIV and AIDS Grant.

4.1.1. National Treasury

Reported that from their side they had done the verification of the figures and were correct that the department is under spending. It was reported that there were problems in terms of spending in the text books by all the provinces. On the issue of the accruals it was reported that the issue might be the spending of funds by departments.

4.1.2. National Department of Education

It was reported that there was a need for the provincial treasury to look at the issue of the cash flow as national treasury was doing that and the national department. On the issue of the HIV and AIDS grant, it was reported that the trainings were being done during school holidays in order not to distract classes.

4.1.3. Observation

The Department seems to experience problems in compliance with reporting systems.

4.1.4. Resolution

The Department need to gets its house in order to ensure that it submit authentic information to Provincial Treasury, and National Treasury, National Department and Parliament.

4.2. Limpopo

It was reported that the department was having limited capacity to manage the grant and were only having two managers to monitor close to 4 015 schools. And they had committed R8.9 million for training and development for curriculum advisors. The department was reported to be grossly under managed and was having a high vacancy rate.

It was reported that the department was trying to reduce the R1.3 billion projection through goods and services expenditure reduction.

4.2.1. Observation

The Committee observed a need for this department to be closely monitored.

4.2.2. Resolution

The National Department of Education, National Treasury and the Provincial Treasury need to monitor and provide support to the department.

4.3. Northern Cape

The department reported that they had spent all the grants in full and the only challenge was for the infrastructure spending. The challenge reported by the department was at the life skills education in terms of capturing of data because of not having life skills coordinators. The expenditure for the HIV and AIDS grants was reported to have been at 5% and the reasons given were that of the under performance due to the transfers being made late.

4.3.1. Observation

If you underpay (that is, R1.50 per leaner), the department might loose their service providers due to low payment. There are serious concerns on the quality of food that is given to learners. Members from NC indicated that there are a number of schools that are in dire need of money e.g. Sityanda School. It is not clear on why business plans were submitted late, even though national policy are known in advance and should proactively plan. Members were disappointed that the MEC and HOD are not present.

4.3.2. Resolution

The national Department, National Treasury and Provincial Treasury should monitor and provide support to this Department especially with their development of business plans and payment of service providers.

4.4. KwaZulu-Natal

It was reported that the current spending for the HIV/AIDS grants as of the end of June 2009 was at 15% and that a portion of the budget was allocated for training. Contradictions were reported between the Preferential Procurement Policy Framework (PPPFA) and the Supply Chain Management regulatory framework.

PPPFA and SCM framework: Currently, one needs to award tender to the lowest price irrespective of whether they can deliver or not.

4.4.1. Observation

The department is using its equitable share to top up the grant which is a good thing

4.4.2. Resolution

The department needs to plan proactively in order to utilize money allocated to them.

4.5. Gauteng

The department reported that their spending was at 20% for the School Nutrition Grant and at 8.4% for the HIV/AIDS Grant. It was reported that the province would be able to spend the monies in the second quarter. The department reported the issue of the service providers not being paid and that resulted in the accruals for them.

4.5.1. Observation

The low spending was an indication of poor planning.

4.5.2. Resolution

The department needs to plan in advance since the medium term framework provides departments with certainty about how much will be received over the medium term period.

1. Conclusion

The low spending in the Life Skills Education grant might be an indication that provincial departments do not regard HIV prevention as a priority.

The refusal by service providers to provide service in Life Skills Education because they are being owed money in other services provided is an indication that departments do not adhere to the 30 days payment period. Secondly this is also an indication that departments rely on only a few service providers and this might create a monopoly of some sort.

Report to be considered.

1. Report of the Select Committee on Finance and Appropriations on the First Quarter spending on capital expenditure, non-capital expenditure and conditional grants by Provincial Departments of Arts and Culture, dated 10 February 2010.

The Select Committee on Finance and Appropriations having considered the First Quarter spending on capital expenditure, non-capital expenditure and conditional grants by provincial departments of Arts and Culture, reports as follows:

1. Introduction

The Select Committee on Finance was established in terms of section 4(3) of the Money Bills Amendment Procedure and Related Matters Act No.9 of 2009. Among its responsibilities, the Committee is required to consider and report on spending issues, and on actual expenditure published by the National Treasury. The Committee has adopted a tradition of inviting both National Treasury and the affected departments to account on government spending. This consultative approach gives the Committee an opportunity to interrogate departments on their spending with a view to identifying gaps and strengthening public spending.

In line with its mandate, the Committee held public hearings with the National Treasury, National Department of Arts and Culture and all nine Provincial Departments that receive the Community Library Conditional Grant during the 2nd of September 2009. The hearings were prompted by the under spending within those departments on the first quarter of the financial year 2009/10. All the provincial departments spent less than 15 per cent of the Community Library Services Grant. The strategic goal of this grant is to enable the South African society to gain access to knowledge and information that will improve their socio-economic situation.

1. Presentation by National Treasury

It was reported that all nine provinces spend less than 15 per cent of the allocations during the first quarter. Arts and Culture Provincial Departments spent R32.1 million or only 7.3 per cent of the R440.6 million community library services allocation.

Transfers received amounted to 21.2 per cent of national allocation. Highest spending was in Northern Cape at 12.4 per cent and Free State at 11.3 per cent. Lowest spending was in Western Cape with 0.9 per cent and Gauteng at 1.4 per cent.

1. Presentation by provinces

3.1. Mpumalanga

The department has been allocated R55.956 million of which R4.375 million was transferred by the national department. The province managed to spend R3.202 million which translates into 5.7 per cent spending.

1. Reasons given for under spending:

• The department has requested a roll-over for an amount of R9.466 million for the completion of infrastructure projects that are still in progress. • On compensation of employees the province is experiencing a lot of resignations as employees move to the provinces for better salaries. • On goods and services the international library books take time before they are delivered. Again current spending in certain goods and services will be done during the year since some activities are taking place during the third and fourth quarter. • Transfer to a certain municipality could not be done due to lack of proper business plan. • Completion of some infrastructure projects overlapped into the current financial year.

1. Remedial steps in place to fast track spending:

• The department assisted municipalities in compiling their business plans and monitoring will be provided through an operational support team (OST). • Procurement of library books for the current financial year has been done in the previous year. • A capital projects implementing agent is engaged in fast-tracking the appointment of service providers. • The department has already committed some funds for the coming expenditure.

3.1.3. Observation

The departmental expenditure planning seems to be a problem. For example, the total amount of the grant that is allocated to the department is R55.956 million which means the 25 per cent per quarter spending was supposed to be R13.989 million. The departmental presentation shows that the department only planned to spend R4.375 million that was transferred from the national department.

3.1.4. Resolution

The department needs to ensure that the planned spending per quarter is at least 25 per cent as recommended by the National Treasury. The National Department of Arts and Culture should consider guidelines on the recommended salaries for librarians just to guide provincial departments to pay competitive salaries as staff retention strategy.

3.2. Limpopo

The department reported that they had received an allocation of R55.956 million of which R4.772 was spent and this translates into 9 per cent spending.

1. Reasons given for under spending:

• Poor quality of specifications from end users. • Provincial moratorium on tenders. • Failure by service providers. • Lack of capacity within the procurement unit.

1. Remedial steps in place to fast track spending:

• The department is discussing with Provincial Department of Public Works to resolve problems pertaining to infrastructure projects. • The department is further talking to the Independent Development Trust for further support. • The department has also invited National Treasury’s technical assistance unit (TAU) for technical support. • The department commissioned an internal investigation task team to investigate how best to deal with the current challenges of under expenditure.

3.2.3. Observation

The departmental expenditure planning seems to be a problem. For example, the total amount of the grant that is allocated to the department is R55.956 million which means the 25 per cent per quarter spending was supposed to be R13.989 million. The departmental presentation shows that the department had planned to spend R20 181 million (of which the actual expenditure was R4.772 million while R6.698 million were committed funds) that was transferred from the national department.

3.2.4. Resolution

The department needs to ensure that the planned spending per quarter is at least 25 per cent as recommended by the National Treasury. The Department needs to assess whether its current staff organogram is in line with its core business.

1. Gauteng

For the financial year 2009/10 the province has been allocated R46.043 million of which R29.355 have been transferred to the department and the provincial department only managed to spend R665 thousand which translate into 1.4 per cent

1. Reasons given for under spending:

• The department uses the local municipalities as the service providers and the different financial years of municipalities with that of the provincial department remains a challenge for planning purposes and project implementation. • Staffs in libraries are only appointed on contract basis and not permanently from funding made available from the grant and this result into high staff turnover. • The conditions of the conditional grant are not addressing the core funding problem that is experienced in libraries.

3.3.2. Observation

The Department does not seem to prioritise the libraries in its planning, monitoring and evaluation. Again the use of municipalities as service providers does not seem to enable the department to spend the grant effectively.

3.3.3. Resolution

The Department will have to provide a detailed quarterly report on how it ensures that the transferred funds to municipalities translate into actual expenditure and there is also value for money.

3.4. Free State

It was reported that R40.315 was allocated to the province for this financial year. It was also reported that an amount of R5.335 million was transferred and of which R3.769 million spent and R1.566 million being the balance. It was also reported that the department had managed to spend 9% in the first quarter.

1. Reasons given for under spending:

• An amount of R906 510 which was not paid due to invoices not received on time. • The books order to the value of R867 000 which was also not received on time for payment.

3.4.2. Observation

The province was not providing the Committee with the true reflection of their first quarter expenditure.

3.4.3. Resolution

The department must go back and prepare a proper presentation that will clearly indicate why the department under spent, the challenges or capacity constraints within the department and how the department is planning to spent appropriately in future.

3.5. Northern Cape The province was allocated R28 million for the grant. The department reported that the overall expenditure amounted to 12.4% of the total grant allocation with 17% spent on goods and services, 11.9% spent on payment of capital assets and 15.9% spent on compensation of employees.

The department reported that the delay in the construction of three libraries was the key challenge. The said libraries were only at 15% as completion instead of 50% but the department expect these libraries to be completed before the year ends.

3.5.1. Observation

The province does not seem to have any memorandum of understanding in place with the municipalities where funds are to be transferred.

3.5.2. Resolution

The department must ensure that systems and measures are in place to enable the provincial department as the transferring department to play its role within the municipalities where these funds are transferred.

3.6. North West

The province reported that they have spent 12% of the allocated funds for the grant. The department also reported that they were having an allocation amounting to R7.5 million which was for the building of community libraries at Ipeleng, Mamusa, Utlwanang, Maquasie Hills, Lebaleng, and Dertig.

1. Reasons given for under spending:

• Scarcity of skills in the librarianship profession; • Approval of a tender for books only being approved in May; • Delays in providing services for public internet access. • It was also reported that the department was having problems with its staff component as the head of the department was suspended and later replaced.

3.6.2. Observation

The MEC is still new and had to do the presentation on her own without any support staff. The absence of the support staff might be an indication of staffing problems as already indicated.

3.6.3. Resolution

The Committee will have to conduct an oversight visit to the province in a near future to assess the situation.

3.7. KwaZulu Natal

The Department reported that they were allocated R26.195 million and have spent 94% of the allocated funds in 2008/09 financial year. And that the under expenditure related to the committed funds with respect to the acquisition of mobile library bus and the regional depot in Mazwana.

The department reported that they had applied for a roll-over of R1.442 million for capital expenditure commitments. And that for the 2009/10 financial year they were allocated R34.147 million and had received drawings of R3.977 while actual expenditure amounted to R3.616 million. It was reported that the under expenditure of R361 000 was due to the delay in SITA invoicing for internet connectivity costs for new cybercafe’ sites.

3.7.1. Observation

The challenges of KwaZulu Natal are similar to those of Gauteng because the expenditures referred to by the province are transfers to the municipalities.

3.7.2. Resolution

The Department will have to provide a detailed report on how it ensures that the transferred funds to municipalities translate into actual expenditure and there is also value for money.

3.8. Eastern Cape

It was reported that out of the R55.5 million that was allocated R11.6 million has been transferred of which R3.6 million has been spent and R4.3 million committed. It was further reported that the department has projected to under spend by R7.4 million.

It was also reported that the department was only building a single library in Mount Ayliff and about 39 libraries would be upgraded.

1. Reasons given for under spending:

• Capturing of infrastructure budget; • Not managing to spend on the ITC infrastructure due to delays in the SITA site visits; • Delays in the approval of the procurement plan for library material; • 12 vacant posts for public librarians; • Some librarians being paid in the wrong codes.

The department further reported that they were engaging the department of Public Works on the issue of them taking time in terms of building infrastructure. And that National Treasury was assisting them to unlock some of their challenges.

3.8.2. Observation

The department seems to have capacity constraints that resulted in its inability to implement its plans and hence its reliance on implementing agencies.

3.8.3 Resolution

The Committee will have to conduct an oversight visit to the province in a near future to assess the situation.

3.9. Western Cape

The department reported that the total allocation for the grant in the 2009/10 financial year was nearly R41 million and had signed a memoranda of agreement with 27 municipalities in July to provide library services. The department reported that they had requested for a rollover amounting to R145 000 for Kannaland Municipality.

1. Reasons given for under spending:

• The differences in financial years between municipalities and provinces lead to the delay in the transfer of funds. • The grant would be divided into two allocations those being the 74% transferred to municipalities and 26% used for centrally managed projects.

3.9.2. Observation

The presentation by the department does not assist the Committee to get a clear picture of what is going within the province.

3.9.3. Resolution

The Department must go back to prepare a presentation that will provide specifics where necessary to enable the Committee to engage its presentation further.

1. Conclusion

• National Treasury together with the National Department of Arts and Culture must ensure that business plans of provinces are in line with the 25% minimum expenditure per quarter. • The National Department of Arts and Culture must look into providing norms and standards on how librarians are being remunerated in line with their skills. • The use of implementing agencies and also the transfer of funds should be motivated by efficient, effective and economic service delivery. • National Treasury and National Department of Arts and Culture should provide support to provincial departments timeous • Provincial departments must sign memorandum of agreements to ensure that transfer of funds to municipalities are spend for the allocated projects.

Report to be considered.

1. Report of the Select Committee on Finance and Appropriations on the First Quarter spending on capital expenditure, non-capital expenditure and conditional grants by provincial departments of Public Works, dated 10 February 2010.

The Select Committee on Finance and Appropriations having considered the First Quarter spending on capital expenditure, non-capital expenditure and conditional grants by provincial departments of Public Works, reports as follows:

1. INTRODUCTION

The Select Committee on Finance was established in terms of section 4(3) of the Money Bills Amendment Procedure and Related Matters Act No.9 of 2009. Among its responsibilities, the Committee is required to consider and report on spending issues, and on actual expenditure published by the National Treasury. The Committee has adopted a tradition of inviting both National Treasury and the affected departments to account on government spending. This consultative approach gives the Committee an opportunity to interrogate departments on their spending with a view to identifying gaps and strengthening public spending.

In line with its mandate, the Committee held public hearings with the view to interrogate spending by various provincial government departments for Public Works Devolution of Property Rate Funds Grant. The hearings were held on 14 October 2009 and focused particularly on those provincial departments that had under-spent in the first quarter of the 2009/10 financial year.

1. Presentation by National Treasury

Seven Provincial Departments (Eastern Cape, Free State, Gauteng, Limpopo, Mpumalanga, North West and Western Cape) showed an under spending in Devolution of Property Rate Funds Grant.

It was further reported that some provinces were projecting to under spend by R165 million, and the Western Cape being the lead province. It was also indicated that the only province that had managed to spend the entire allocation was the Northern Cape. It was also mentioned that the Western Cape had projected an over expenditure of R103 966 million.

1. Presentation by Provinces

3.1. Western Cape

The province reported the following as being their capacity constraints and also as factors that contributed to the under spending:

Constraints remain the shortage of skilled staff (particularly younger staff) in the planning, design and execution phases in the industry. Funding constraints are causing backlogs in maintenance.

3.1.1. National Department of Public Works

It was reported that they were not aware of the disjuncture between the coding of I E-Works and BAS and would take the matter forward. On the issue of the CFO forum it was mentioned that not all provinces were submitting those reports as agreed, and the names would be forwarded to the committee. It was reported that the province of the Eastern Cape has submitted a detailed report on the capacity constraints that they were having, and the Western Cape has followed but nothing from others.

3.1.2. Observation

The Provincial Department did not provide the national department with its capacity constraints challenges in time.

3.1.3. Resolution

There is a need to assess the actual needs for the grant and this must also be matched by authentic billing systems by the municipalities. The National Department Public Works to provide the committee with the CFO forum format. 3.2. Eastern Cape

It was reported that the issue of the financial years of the provincial departments and the municipalities still remains a challenge as they are not the same.

3.2.1. National Treasury

It was reported that provinces were not reporting to National Treasury of whether they would experience any short falls and only now indicating that to this meeting, a need to fix the matter together with provincial treasuries. It was reported that National Treasury was aware of the challenges of the province. And that the grant should continue in order to deal with the problems.

3.2.2. National Department of Public Works

It was mentioned that there was a need for the following departments to come on board in order to be able to assist with the grant South African Local Government Association, and Cooperative Governance and Traditional Affairs.

3.2.3. Observation

Poor spending on this grant means municipalities are being owed a lot of money and this will compromise service delivery.

3.2.4. Resolution

The province must deal with its capacity problems in order for it to be able to deliver.

3.3. Free State

It was reported that municipalities were not coming on board, the issue being that they were not having capacity as they were not able to invoice the department. It was also reported that a plan has been put in place as of September 2009. That is helping municipalities in drafting bills to the department. It was also reported that the department was having a R40 million roll-over from the previous financial year.

The department committed itself that they would be able to spend the allocated amount for the current financial year. It was further reported that the department was having capacity to deal with the grant.

3.3.1. Observation

The approach of drafting the bills for the municipalities might have its own pros and cons.

3.3.2. Resolution

The department must provide the Committee with full details of this payment plan for perusal within six months after the adoption of the report.

3.4. Limpopo

It was reported that the provinces was receiving the grant for the second financial year. It was reported that the department was relying on the utilization of the BAS and E-Works for the payment of the rates and taxes as the national department was having access to monitor in terms of payments.

It was reported that only 18 municipalities had managed to bill the department and the rest have not yet come up with bills. It was also reported that the department was having a problem of the demarcation between municipalities and this has led to receipt of bills that were not belonging to the province.

It was reported that if the province could secure funds for the completion of the compilation of the asset register and fully implement GIAMA, they would be able to deliver on the grant.

3.4.1. National Department of Public Works

It was mentioned that the department has not receive capacity request from them.

3.4.2. Observation

The departmental presentation has some gaps and this does not help the Committee to understand the real challenges faced by the department. Further the election and change of political heads had negative impacts on the spending patterns within the department.

3.4.3. Resolution

The department must provide the Committee with the copy of its improvement plan that they had initiated. The department must take the Committee very serious by first verifying any information before its presentation.

3.5. North West

It was reported that the province was the only one still using the old Worker system as compared to the BAS being used by other provinces. It was reported that the department was not making any transfers to any institutions. It was reported that the department had not reported to the National Department on their capacity problems as they were supposed to have done so.

It was mentioned that the provinces was having sufficient funds to deliver and would have to follow the model used by Free State.

3.5.1. National Department of Public Works

It was reported that the department was providing most support to the provinces. It was also mentioned that the provinces are dealing with municipalities that were not billing the department.

It was reported that there were many challenges with this grant. It was mentioned that there was a need to move quicker for the funds to be on the equitable share. It was also reported that there was a challenge as provinces were not providing the department with reports and later expect to be given the funds for the following quarter.

It was also mentioned that municipalities were not billing the department on time and that results in them making putting interests out of the process. It was further reported that these issues were being discussed at MINMEC level.

3.5.2. National Treasury

It was mentioned that there was a need to extend the grant so as to be able to deal with the challenges faced by provinces as the grant was only meant for a limited time frame.

3.5.3. Observation

The province is lacking behind other provinces by continuing to use the old Worker system as compared to the BAS being used by other provinces.

3.5.4. Resolution

The department must provide the Committee on how the grant was spent during the 2008/09 financial year.

1. Conclusion

Some of the challenges for the spending on the grant are failure to bill by municipalities or inaccurate billings by municipalities due to outdated assets registers and capacity constraints within departments. Under spending on this grant will have a negative impact on cash flows within municipalities and this will worsen the level of basic service delivery. The projected over spending are indications that the current allocations are not in line with the current needs. The Committee will continue to monitor the spending patterns on this grant.

Report to be considered.

1. REPORT OF THE SELECT COMMITTEE ON FINANCE ON THE ANNUAL REPORT FOR 2008/09 OF THE FINANCIAL AND FISCAL COMMISSION, DATED 13 NOVEMBER 2009.

Presentation by Financial and Fiscal Commission

The Committee was briefed by the Financial and Fiscal Commission on its 2008/09 Annual Report.

Performance information

The annual report showed partial and non achievement of certain key performance measures/indicators. The following table provides details.

Annual financial statements

The financial statements of the Commission received an unqualified audit opinion from the Auditor-General.

The following table shows the sources of the Commission’s sources of revenue and operating expenses for the financial year 2007/08:

Human Resources Management

Financial constraints during the financial year 2008/09 allegedly impacted on key aspects of the Commission’s human resource management. The staff vacancy rate stood at 48.44 per cent whereby out of 64 posts only 33 were filled. The highest vacancy rate was found in levels 6 – 8 with 77.8 per cent followed by levels 9 -12 with 55 per cent, levels 3 – 5 with 20 per cent and levels 13 – 16 with 11.1 per cent. A major impact in this regard is reportedly evidenced in the area of attracting on key aspects of the Commission’s constitutional mandate

Further particulars

In July 2009 there was a vacant position of the commissioner that is elected by organized local government. It was reported that the Commission was able to achieve what was required of it by different pieces of legislation. It was also reported that the Commission has developed technical models and have been able to share those with other government departments and provinces.

The Commission established a risk management framework. On the 2009/10 Annual Submission to the Division of Revenue it was reported that National Treasury accepted the recommendation of the Commission on funding for education and Health Care.

On augmenting Local Government Revenue it was reported that government agreed with the recommendation in principle but prefers other non tax measures to be evaluated as well.

They further indicated that the Commission is 99% dependent on the allocation from the government. The Commission is however receiving less than what they have requested from National Treasury. It was also reported that they were experiencing a high staff turn over especially in the core business such as research, and if there can be more funding the challenge could be addressed.

The Commission highlighted the following challenges:

• The Commission’s information technology infrastructure on which it is highly dependent needs to be replaced. • The Money Bills Amendment Procedures and Related Matters Act No. 9 of 2009 has introduced an additional responsibility on the budget process for the Commission (section 9 (7)(a)). • The cost of compliance continues to rise with audit fees now constituting more than 5% of the Commission’s budget. • The cost of travel necessitated by the need for stakeholder engagement remains a major constraint. • All of the above has required constant reprioritisation and the implementation of austerity measures in order for the Commission to be in a position to at least not default in the discharge of its mandate. • This has the potential to undermine the effectiveness of the Commission in delivery of its mandate.

Committee Findings: • The Committee observed a need for the adjustment of the Commission’s budget. • Provinces were not making use of the Commission as it was there to assist them. • The matter of the high staff turn over and high vacancy rate will negatively impact on the work of the Commission. • There was a need for the Commission to have relationships with the National Human Research Council and the Statistics South Africa.

Recommendations:

• The Committee recommends that National Treasury considers increasing the budget of the Commission as they were now unable to fulfill their mandate as required by Section 220 of the Constitution of the Republic of South Africa Act No. 108 of 1996 as amended. • The Committee recommends that all Provinces should make use of the Commission as the Commission is playing a meaningful role in the Division of Revenue Bill.

Report to be considered

                     THURSDAY, 18 FEBRUARY 2010

ANNOUNCEMENTS

National Council of Provinces

The Chairperson

1. Referral to Committee of papers tabled

(1)     The following papers are referred to the Select Committee on
    Security and Constitutional Development for consideration and
    report:

    (a)      Report on the provisional suspension of a magistrate: Mr M
         T Masinga, an additional magistrate at Emlazi, KwaZulu-Natal in
         terms of section 13(3)(c) of the Magistrates Act, 1993 (Act No
         90 of 1993).


    (b)      Report on the provisional suspension of a magistrate: Mr W
         J M Prinsloo, an additional magistrate at Ermelo, KwaZulu-Natal
         in terms of section 13(3)(c) of the Magistrates Act, 1993 (Act
         No 90 of 1993).


    (c)      Report on the provisional suspension of a magistrate: Mr L
         B Maruwa, an additional magistrate at Daveyton, Gauteng in
         terms of section 13(3)(c) of the Magistrates Act, 1993 (Act No
         90 of 1993).


    (d)      Report on the provisional suspension of a magistrate: Mr M
         K Chauke, an additional magistrate at Pretoria, Gauteng in
         terms of section 13(3)(c) of the Magistrates Act, 1993 (Act No
         90 of 1993).

1. Message from National Assembly to National Council of Provinces in respect of Bills passed by Assembly and transmitted to Council

(1)    Bills passed by National Assembly and transmitted for
     concurrence on 18 February 2010:
    (a)      Safety at Sports and Recreational Events Bill [B 7B –
         2009] (National Assembly – sec 75).


        The Bill has been referred to the Select Committee on Education
         and Recreation of the National Council of Provinces.


                      FRIDAY, 19 FEBRUARY 2010

TABLINGS

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

(a) Report of the South African delegation to the 121st Inter- Parliamentary Union (IPU) Assembly in Geneva from 18-21 October 2009.

    Referred to the Parliamentary Group on International Relations for
    consideration.

CREDA INSERT - T100219e-insert1 – 152-170 CREDA INSERT - T100219e-insert2 – 171-174 CREDA INSERT - T100219e-insert3 – 175-178 CREDA INSERT - T100219e-insert4 – 179-189 CREDA INSERT - T100219e-insert5 – 189-204 CREDA INSERT - T100219e-insert6 – 205-213 THURSDAY, 25 FEBRUARY 2010

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1 Classification of Bills by Joint Tagging Mechanism (JTM)

(1)    The JTM in terms of Joint Rule 160(6) classified the following
     Bill as a section 75 Bill:

      a) South African Post Office Bill [B 2 – 2010] (National Assembly
         – sec 75).

National Council of Provinces

The Chairperson

1. Referral to Committees of papers tabled (1) The following papers are referred to the Select Committee on Finance for consideration and report:

        a) The Budget Review 2010 [RP 4-2010], including –
    • the fiscal framework;
        • revenue proposals for 2010, inclusive of the customs and
          excise duties; and
    • the estimates of national revenue for 2010.
   
   b) The Speech of the Minister of Finance on the National Annual
      Budget – 17 February 2010 [RP 5-2010].
   

TABLINGS

National Council of Provinces

1. The Chairperson

   a) Submission of petitions from Mr R R Sewpersadh.

Referred to the Committee on Petitions and Members’ Legislative
Proposals for consideration and report

COMMITTEE REPORTS

National Council of Provinces

1. Report of the Select Committee on Economic Development on Membership of South Africa to the International Renewable Energy Agency (IRENA), dated 23 February 2010:

   The Select Committee on Economic Development, having considered the Membership of South Africa to the International Renewable Energy Agency (IRENA), recommends that the House, in terms of section 231 (2) of the Constitution, approve the said Membership. Report to be considered.