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31 AUGUST 2010 Page 1 of 122 TUESDAY, 31 AUGUST 2010 ____ PROCEEDINGS OF THE NATIONAL ASSEMBLY ____ The House met at 14:04. The Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation. ANNOUNCEMENT, TABLINGS AND COMMITTEE REPORTS – see col 000. NOTICES OF MOTION Mrs P TSHWETE: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC: That the House debates how to reduce drug and alcohol abuse amongst our youth. Mrs H LAMOELA: Speaker, I hereby give notice that I shall move, on behalf of the DA: That the House — 31 AUGUST 2010 Page 2 of 122 (1) debates the contributions of nongovernment organisations, NGOs, to government service delivery; and (2) comes up with solutions as to how to enhance the support that government can give to these organisations to further improve service delivery. Mr M E GEORGE: Mr Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of Cope: That the House debates the nature and quality of the measures that will be put in place to allow learners to catch up on the lost time resulting from the present public service strike which saw educators downing tools. Mr M SWART: Mr Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA: That the House – (1) debates the spending of the Expanded Public Works Programme funds and the effect this has on job creation and poverty alleviation; and (2) comes up with ways to improve spending. 31 AUGUST 2010 Page 3 of 122 Mr N J J KOORNHOF: Mr Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of Cope: That the House discusses whether executive remuneration in the private sector is out of control. Ms S P LEBENYA-NTANZI: Hon Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the IFP: That the House - (1) debates the growing social disaster which has led to hundreds of babies being dumped in South Africa this year alone; and (2) considers how the state can intervene to stop this crisis. Mr A T FRITZ: Mr Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA: That the House debates the acute shortage of social workers and educators at correctional centres throughout South Afri ca and its impact on the rehabilitation of offenders. Mrs E M COLEMAN: Hon Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC: 31 AUGUST 2010 Page 4 of 122 That the House debates dealing with the challenges that slow down the implementation of broad-based black economic empowerment as a vehicle to broaden and deracialise the ownership and control of productive assets by black people, women and youth. Mr L S NGONYAMA: Hon Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of Cope: That the House debates the inexplicable failure by the Department of Labour to investigate the incidence of child labour in our country and its failure, therefore, to furnish Parliament with statistics regarding child labour which is in contravention of the statutes. Mrs C DUDLEY: Hon Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ACDP: That the House debates South Africa’s role in facilitating Kimberley Process approval for Zimbabwe’s Marange diamonds which, according to a 61-page report by Human Rights Watch issued in June 2009 detailing a litany of abuses including forced labour, beating, torture, sexual abuse and mass killing perpetrated by the military at the Marange diamond fields, are highly contentious. Ms C M P KOTSI: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of Cope: 31 AUGUST 2010 Page 5 of 122 That the House debates the violation of human rights and the dignity of people who are abducted by and suffer other abuses at the hands of strikers, as happened when a nurse was kidnapped on her way from the KwaDukuza hospital on Monday, 30 August 2010. The SPEAKER: Order! Hon members on my right: Please reduce the noise level. Hon Trevor, please! PARLIAMENT’S TWO-DAY WOMEN’S PARLIAMENT ON THE MILLENNIUM DEVELOPMENT GOALS (Draft Resolution) The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Mr Speaker, I move without notice: That the House - (1) notes with enthusiasm Parliament's two-day Women's Parliament on the Millennium Development Goals (MDGs) that started on Monday, 30 August 2010, and brings together delegates from civil society, provincial legislatures and women members of the national Parliament; 31 AUGUST 2010 Page 6 of 122 (2) further notes that the objective of the Women’s Parliament is to discuss progress on the MDGs and how they impact on women's lives; (3) believes that the outcomes of the Parliament will contribute a great deal towards identifying challenges and gaps that are in the way of achieving the MDGs as well as coming up with suggestions on mechanisms that should be put in place to ensure that South Africa meets its MDG obligations; and (4) supports the Parliament and wishes the women success in their deliberations. Agreed to. VOLUNTEER JACOBUS LOUW OF CAPE AGULHAS STATION HONOURED WITH GALLANTRY AWARD (Draft Resolution) The CHIEF WHIP OF THE OPPOSITION: Speaker, I move without notice: That the House — (1) notes that on Thursday, 26 August 2010, at the Annual General Meeting of the National Sea Rescue Institute (NSRI), Jacobus 31 AUGUST 2010 Page 7 of 122 Louw, a volunteer at Cape Agulhas station, was honoured with a Gallantry Award for his selfless conduct on the morning of 15 June 2010, when he and the crew of NSRI Rescue Boat 7 braved the elements and torrid seas to save the lives of five people in distress off the coast between Struisbaai and Quin Point; (2) further notes that the rescue mission lasted almost five hours and was conducted in incredibly dangerous conditions which included 7 meter high swells and a howling South Easter; (3) recognises that the NSRI team put their lives in jeopardy to save the lives of others, who would have perished were it not for the selfless actions of the team; (4) further recognises that the men and women of the NSRI provide an invaluable service to all South Africans who venture into the sea; and (5) extends its gratitude to the men and women of the NSRI for their courageous service to South Africa. Agreed to. 31 AUGUST 2010 Page 8 of 122 A B DE VILLIERS RECOGNISED AS NUMBER ONE PLAYER IN ONE-DAY CRICKET INTERNATIONALS (Draft Resolution) Mrs J D KILIAN: Speaker, I move without notice: That the House - (1) notes that A B de Villiers continues to impress as an outstanding cricketer in all forms of the game; (2) further notes that he has excelled in the shorter, one -day version of the game; (3) acknowledges the contribution that his continued success has made in portraying a positive image of South Africa around the world; and (4) congratulates him for being recognised by the International Cricket Council as the number one player in the world in one- day cricket internationals. Agreed to. 31 AUGUST 2010 Page 9 of 122 CONDOLENCES TO FAMILY OF FORMER CONSTITUTIONAL COURT JUDGE, THOLI MADALA (Draft Resolution) Mr N SINGH: Mr Speaker, I move without notice: That the House — (1) notes that former Constitutional Court judge Tholi Madala died on Wednesday, 25 August 2010; (2) further notes that Tholi Madala was one of the founding judges of the Constitutional Court and became the first black judge in the Eastern Cape and the fourth black judge in the country when he was appointed to the position in 1994; and (3) conveys its deepest condolences and sympathies to his family and friends. Agreed to. CONDOLENCES TO FAMILY AND FRIENDS OF MTUTUZELI TOM, FORMER PRESIDENT OF NUMSA (Draft Resolution) 31 AUGUST 2010 Page 10 of 122 The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Speaker, I move without notice: That the House — (1) notes with great sadness the passing away of former President of the National Union of Metalworkers of South Africa , Numsa, Mtutuzeli Tom, on 27 August 2010, at St Dominic s Hospital in East London; and (2) conveys its sincere condolences to his family, friends, the African National Congress, Congress of South African Trade Unions, South African Communist Party and the entire mass democratic forces. May his soul rest in peace. Agreed to. SPRINGBOKS CONGRATULATED ON WINNING TRI-NATIONS GAME AGAINST WALLABIES (Draft Resolution) The CHIEF WHIP OF THE OPPOSITION: Mr Speaker, I move without notice: 31 AUGUST 2010 Page 11 of 122 That the House — (1) notes that on Saturday, 28 August 2010, the Springboks defeated the Wallabies 44-31 in their second home game of the 2010 Tri-Nations tournament which was played at Loftus Versfeld stadium in Pretoria; (2) further notes that Saturday's match marked Vice Captain Victor Matfield's 100th game in the green and gold of the Springbok jersey; (3) recognises that tries by Juan Smith, Gurthro Steenkamp, Pierre Spies, Frans Steyn and JP Pietersen and the boot of Morné Steyn, Butch James and Frans Steyn ensured that the Springboks were victorious over the Wallabies, and broke their losing streak of 5 losses in a row; and (4) congratulates the Springboks on a great victory and wishes them everything of the best as they commence preparations for the end-of-year tour. Agreed to. Mr M J ELLIS: Mr Speaker, I hate to draw your attention to this fact, sir, but ever since you spoke to the hon Trevor Manuel, he hasn’t stopped speaking for one minute. And I do honestly believe 31 AUGUST 2010 Page 12 of 122 that it would be appropriate for this House if you reprimanded him again. [Laughter.] The SPEAKER: Please take your seat, hon member. MINISTER NDEBELE SIGNS TRANSPORT-RELATED AGREEMENT WITH CHINESE RAILWAYS MINISTER (Member’s Statement) Mr H P MALULEKA (ANC): Hon Speaker, the ANC welcomes the ground- breaking agreement signed by the Minister of Transport Sibusiso Ndebele on Wednesday, 25 August 2010, on railways and other transport-related matters with the Chinese Railways Minister Liu Zhijun. The agreement recognises the need to find new approaches for consolidating, expanding and deepening the rapid development in the transport sector between South Africa and China. The agreement seeks to promote investment, industry, trade and co - operation between South Africa and China in the area of rail. The railways agreement will foster close co-operation in rail infrastructure, maintenance and development, financing, network safety and regulations, technology transfer, harmonisation of technical standards and human resource development. 31 AUGUST 2010 Page 13 of 122 The two countries agreed that there would be an exchange of engineers and related professionals and broad co-operation in the areas of intelligent transport systems that are environmentally sustainable and in labour-intensive best practices. China operates the largest network of high-speed rail in the world: the Shanghai to Beijing railway line is the largest in the world. The ANC believes that South Africa can benefit from this agreement in terms of using rail to transport people and goods efficiently, effectively and with the least cost to the environment and the economy. Thank you. [Applause.] VIOLENT SEXUAL ATTACK ON TWO WOMEN IN CHATSWORTH TEMPLE (Member’s Statement) The LEADER OF THE OPPOSITION (DA): Hon Speaker, the DA wishes to publicly condemn the recent violent sexual attack and rape of two women in a temple in Chatsworth, Durban. The women had gone to the temple early on a Saturday morning to prepare the place of worship for a Sunday service when they were approached by two men bearing weapons. The men forced the two women into different rooms inside the temple, raped them and then fled the scene. Yesterday, I travelled to Chatsworth to meet the victims. Needless to say, the incident has been hugely traumatic for these two women. 31 AUGUST 2010 Page 14 of 122 The brutality of the attack is accentuated by the fact that it occurred in a place of worship where people go to seek peace and tranquillity. These crimes are brought into stark relief considering the fact that this month is dedicated to honouring the position of women in our society. Since November last year there has been a deeply concerning upsurge in violence against worshippers in temples and churches in the Chatsworth community. It is essential that the police in that area develop a comprehensive response to the situation by increasing visible policing efforts, making improvements to the monitoring of planned crimes involving places of worship, and working with local community policing forums to develop a detailed plan to curb the occurrence of this brutal type of attack. It must also be ensured that the suspects involved in this most recent incident face the full might of the law. Thank you. REFERENDUM ON GRASS-ROOTS ECONOMIC EMPOWERMENT VERSUS BROAD-BASED BLACK ECONOMIC EMPOWERMENT (Member’s Statement) Mr W M MADISHA (Cope): Mr Speaker, Cope believes firmly that broad- based black economic empowerment, BBBEE, is a misnomer. It is neither broad-based nor empowering to the disadvantaged people of our country. Cope therefore supports grass-roots economic 31 AUGUST 2010 Page 15 of 122 empowerment, GEE. That is what the people of South Africa are demanding. A referendum to ask this question will return an overwhelming response in support of GEE. Even the ruling party’s Youth League is vociferous in its condemnation of the very small circle of people that BBBEE has benefited. Cope urges the government to produce an audit, listing the people who have been beneficiaries of empowerment and the quantity of benefits they have acquired. This will allow the nation to judge whether the ―empowerment‖ – so-called, of course - has achieved its primary objectives, including these primary objectives being met in the period set for them to be achieved. Failure to do so will confirm the public’s view that BBBEE has been all smoke and mirrors - a display to dazzle without delivering anything to the target, excluding the chosen few, of course. In respect of the distribution of benefits, even the ruling party’s allies are scathingly critical of the government. Even the labour movement is now characterising South Africa as a predatory state. [Time expired.] [Applause.] 109-YEAR-OLD GREAT-GRANDMOTHER RECEIVES OWN HOUSE FOR FIRST TIME (Member’s Statement) 31 AUGUST 2010 Page 16 of 122 Mrs J M MALULEKE (ANC): Speaker, for the first time in her life, a 109-year-old woman, North West great-grandmother Mmami Motlhokwa, is the proud owner of her own house, after sharing a two-bedroom house with her children and great-grandchildren for years. Mrs Motlhokwa was handed her new house in Coligny by Minister of Human Settlements Tokyo Sexwale last week. Mrs Motlhokwa’s house was one of 54 houses constructed as part of the National Women Build programme, a programme that seeks to honour the 1956 march by women to the Union Buildings to protest the pass laws. In total, 1 956 houses will be built across the North West province. During the handover process, the Minister of Human Settlements also sent a warning to building contractors who build shoddy houses and are involved in corrupt activities. An audit is also under way to determine the number of houses that have b een poorly constructed and need to be rebuilt in the North West province. The ANC-led government is committed to accelerating the delivery of houses to our people. Thank you, Speaker. [Applause.] IMPACT OF RECENT STRIKE ON EDUCATION SYSTEM (Member’s Statement) 31 AUGUST 2010 Page 17 of 122 Mr A M MPONTSHANE (IFP): Hon Speaker, the current public service strike has delivered yet another blow to South Africa’s struggling education system. The timing of this strike is most unfortunate, as it leaves scholars with little time to catch up before their end-of- year exams, this after the stoppages for the World Cup had already delayed their studies. The current generation of schoolchildren is already used to hard knocks. For instance, outcomes-based education, OBE, has led to poor quality education. Statistics show that only 30% of scholars who started Grade 1 finished school with a higher education certificate. Only 5% entered tertiary institutions. One of the indirect impacts of this strike will be on schoolchildrens’ results. This will have a very real effect over time on the future of this generation of schoolchildren. Whilst the IFP appreciates that government, through the public broadcaster, is running daily teaching programmes to assist learners to catch up with their school work, the questions that must be asked are: How many children can access those services? How many children in our rural areas have access to TV or radio? The truth is that only a small number of children have those luxuries at their disposal. Too many children are unable to access those teaching programmes. 31 AUGUST 2010 Page 18 of 122 The IFP believes that a disaster is looming and that this will be evident in the matric pass rate of 2010. We need answers from government as to what urgent measures will be put in place to assist learners, especially in the rural areas, to make up for the many hours of teaching time that have been lost. I thank you. [Applause.] IMPACT OF PUBLIC SERVICE STRIKE (Member’s Statement) Dr P W A MULDER (FF Plus): Speaker, I want speak on the same topic. Wat ’n doodgewone staking oor salarisse behoort te wees, is besig om in ’n skande vir alle Suid-Afrikaners te ontwikkel. Geen salarisdispuut regverdig die dood van mense en vernietiging van jong matrikulante se loopbane nie. Die dood van weerlose siekes en onskuldige babas as gevolg van die Staatsdiens-staking is die ergste vorm van selfsugtigheid. Dit getuig van uiters onprofessionele gedrag van die Suid-Afrikaanse gesondheidswerkers. Die Suid-Afrikaanse samelewing wat hierdie tipe voorvalle duld, is ’n samelewing in krisis met baie ernstige morele en dissiplinêre probleme. Uit die radikale uitsprake van Cosatu-leiers wil dit meer voorkom asof daar ’n verskuilde agenda agter die staking is. Cosatu- leiers het reeds hul frustrasie teenoor President Zuma uitgespreek omdat hy nie hul beleidsrigtings volg nie. 31 AUGUST 2010 Page 19 of 122 Onskuldige staatsdienswerkers word nou ingespan om die magstryd tussen Cosatu en die ANC-leiers op hierdie wyse te probeer besleg. Dit is tragies dat die slagoffers van hierdie stryd tans onskuldige babas, weerlose siekes en jeugdige skoolleerlinge is. Die VF Plus eis dat die verskuilde agendas opsygeskuif word en dat ’n werkbare oplossing so vinnig moontlik gevind word, in belang van almal in Suid-Afrika. Waar stakings gepaard gaan met intimidasie, ontwrigting en saakbeskadiging, is dit geheel en al onaanvaarbaar. Dis ook ons taak om toe te sien dat skole waar onderrig voortgaan, nie ontwrig word nie. Diegene wat hulle aan hierdie onwettige optredes skuldig maak, moet summier vervolg word. Dankie. (Translation of Afrikaans paragraphs follows.) [What should have been an ordinary strike about salaries is turning into a disgrace to all South Africans. No salary dispute justifies the death of people and destroying the careers of young matriculants. The death of vulnerable sick people and innocent babies as a result of the Public Service strike is the worst form of selfishness. This attests to extreme unprofessional behaviour by South African health workers. The South African society which tolerates these kinds of incidents, is a society in crisis with very serious moral and disciplinary problems. From the radical statements made by Cosatu leaders, it appears as if there is a hidden agenda behind the strike. Cosatu 31 AUGUST 2010 Page 20 of 122 leaders have already voiced their frustrations to President Zuma because he is not adhering to their policies. Innocent public servants are now being used as a m eans to solve the power struggle between the leaders of Cosatu and the ANC. It is tragic that the victims of this struggle are currently innocent babies, vulnerable sick people and school learners. The FF Plus demands that the hidden agendas are pushed aside and that a workable solution be found in the interests of all South Africans as soon as possible. Strikes accompanied by intimidation, disruption and damage to property are totally unacceptable. It is also our duty to ensure that schools where teaching is still taking place are not disrupted. Those who are guilty of such unlawful behaviour should be summarily prosecuted. Thank you.] AMBULANCES BOUGHT FOR WORLD CUP NOW AVAILABLE FOR LOCAL DISTRICTS (Member’s Statement) Mrs M V MAFOLO (ANC): Hon Speaker, 73 ambulances bought by the North West Department of Health and Social Development for use during the 2010 Fifa World Cup will now be made available to clinics and hospitals in the province. The Bojanala Platinum district received 28 ambulances, the Ngaka Modiri Molema district received 17, and the Dr Kenneth Kaunda district received 16. 31 AUGUST 2010 Page 21 of 122 Ten ambulances will render services in the Dr Russo Gomu Tsomo party districts and the two remaining ambulances will provide services at the North West Emergency Medical Rescue Services College in Orkney. The redistribution of these ambulances will help address the shortage of ambulances. Although this will not eradicate the problem, the redistribution will go a long way towards addressing the transportation needs of patients who, until now, had to struggle to get to hospital. The ANC welcomes this initiative and urges other provinces to follow suit. We urge ambulance drivers not to be negligent or abuse these vehicles for private use. I thank you. [Applause.] DISCRIMATION AGAINST DISABLED PEOPLE AND SENIOR CITIZENS (Member’s Statement) Mr L M MPHAHLELE (PAC): Hon Speaker, the PAC of Azania is profoundly disturbed by the recurring acts of discrimination against disabled people and senior citizens. Since the September 11 Twin Tower attacks, the East London harbour has been closed to the public, including the small pier for fishermen. 31 AUGUST 2010 Page 22 of 122 It is impossible for a disabled person to fish off the rocks and walk on the sea sand. There is nowhere else in East London for a disabled person to fish in the sea. From when he was a young boy and throughout his school days, Neville Belling has been fishing off the small pier. Following the Highgate massacre in 1993, which left him permanently disabled, the small pier on the harbour has been the only place in East London where he could fish in the sea. The PAC calls for the reopening of the pier so that it can be used by disabled people and senior citizens. Thank you. WORK OF HAWKS, NPA AND MINISTER APPLAUDED (Member’s Statement) Mr N SINGH (IFP): Hon Speaker, the IFP applauds the recent excellent work of the Hawks, the National Prosecuting Authority, NPA, and the Minister of Justice and Constitutional Development regarding the recent arrest of prominent civil servants and businessmen in KwaZulu-Natal and surrounding areas. The seizure of assets while the matter is still being investigated and has yet to come before the courts is most commendable and is a 31 AUGUST 2010 Page 23 of 122 step in the right direction in rooting out corruption and recouping losses suffered by the state. Millions of rands have allegedly been embezzled. It has further been reported that one Mr Sipho Shabalala, the former head of Treasury KwaZulu-Natal and CEO of Ithala Development Finance Corporation, directed a sizeable donation of R1 million to Durban advocate Sandile Kuboni, money apparently intended for ANC coffers. The IFP hopes that these arrests send a clear signal to any wou ld-be perpetrators or fraudsters that their time in the sun is at an end. The Hawks, the NPA, the Minister of Justice and Constitutional Development and, in fact, the entire country are now watching you. Thank you. [Applause.] DRUG BUST IN WITKOPPIES, KLERKSDORP (Member’s Statement) Mrs W J NELSON (ANC): Hon Speaker, on 20 August 2010 the Directorate for Priority Crime Investigation unit in the North West province busted an illegal drug manufacturing laboratory in Wi tkoppies, Klerksdorp. In this bust, chemicals, raw materials and equipment used to manufacture drugs were found. Alarmingly, 21 kg of final product, 31 AUGUST 2010 Page 24 of 122 suspected to be crystal methamphetamine, better known on the street as ice or tik, with an estimated street value of R10 million, was seized. This bust followed an intensive undercover investigation conducted after the police’s elite unit was tipped off by the public. Two suspects, a 27-year-old and a 28-year-old, were arrested and appeared in the Klerksdorp Magistrate’s court on Monday, 23 August. As the ANC, we want to congratulate the Hawks and the SA Police Service on their sterling work. We are all aware that drug abuse is a major contributor to the violence and abuse found in society, especially of women and children. This bust has prevent ed a huge amount of drugs going out onto our streets and contributing to the demise of our communities. We wish the Hawks and the SA Police Service well with their further investigations. As Parliament, we would like to see all those involved in the illegal manufacturing and trade of these dangerous substances arrested and prosecuted. Thank you. [Applause.] CRIMINAL CHARGE LAID AGAINST MUNICIPAL MANAGER AND DIRECTOR: INFRASTRUCTURAL SERVICES OF NDLAMBE MUNICIPALITY (Member’s Statement) 31 AUGUST 2010 Page 25 of 122 Mrs A T LOVEMORE (DA): Speaker, yesterday I laid a criminal charge against the Municipal Manager and the Director: Infrastructural Services of the Ndlambe Municipality in the Eastern Cape. The charge was laid at the Port Alfred police station and was laid in terms of section 151 of the National Water Act Act 36 of 1998. This section criminalises an intentional or negligent act or omission which pollutes, or is likely to pollute, a water resource or which detrimentally affects or is likely to affect a water resource. For approximately the past five years, the sewerage treatment works in Port Alfred have been discharging partially treated or untreated sewage into the Kowie River. Despite repeated calls by local residents and by DA councillors, little has been done to rectify the situation. Sadly, the conditions at this sewerage treatment works mirror those found at more than 50% of the works across South Africa. Similarly, the resultant pollution of the Kowie River is mirrored in many rivers across the country. The continual neglect by officials of their duty to prevent pollution of the Kowie River is not only criminal; it is also ethically unacceptable as it affects vulnerable groups who draw 31 AUGUST 2010 Page 26 of 122 water from the river, and affects recreational opportunities for the town’s inhabitants, not to mention tourism businesses. The DA does not lay criminal charges as a matter of course. This is a measure of last resort. Similar charges have been laid against many municipalities in several provinces by DA public representatives and by residents who have found that their pleas to their municipalities for action have fallen on deaf ears. The right to a clean environment enjoys constitutional protection. The DA will do all that it can to ensure that this protection is realised for all South Africans. [Applause.] FRAUDULENT TRANSFER OF 33 PARKS IN JOHANNESBURG (Member’s Statement) Mr T BOTHA (Cope): Hon Speaker, Cope is very concerned that the corruption in South Africa is becoming more entrenched. In March of this year, 33 parks in Johannesburg were transferred to Zamien Investments 45 and Zambrotti Investments 31; not a cent went to the city, but the colluders have been exchanging millions. These properties include Norscot in Koppies and Kingfisher in Fourways. In Sandton, the properties that were given away for peanuts were the Mushroom Farm Park and the Ernest Ullmann Park. 31 AUGUST 2010 Page 27 of 122 Corrupt attorneys colluding with corrupt businesspeople and corrupt officials in the city as well with the Deeds Registry Office are ransacking the country. It is intolerable. This is happening not only in Johannesburg, but in every city. Nothing bears close scrutiny any longer; every little scratch reveals the rot. In the case of these 33 prime properties, the original title deeds for the properties remained in the possession of the city. Yet, through dirty manipulation, misrepresentation, forged affidavits, certified copies, powers of attorney and other underhand ed measures, the transfers of these parks were fraudulently effected without the city knowing anything. This is organised crime on a massive scale, with a police captain of the Johannesburg commercial branch in the pocket of the kingpin. Meanwhile, the Pretoria Deeds Office has suspended the registrar, Pogiso Mesefo, and acting deputy registrar, Edmund Sibisi, while investigations are under way. Cope and the nation at large wish to call on the government to adequately resource the Hawks to enable them to take on the emerging Mafia that is ruthlessly taking over South Africa. Thank you, Sir. [Time expired.] [Applause.] IMPACT OF SQUARE KILOMETRE ARRAY RADIO TELESCOPE 31 AUGUST 2010 Page 28 of 122 (Member’s Statement) Mrs P A MOCUMI (ANC): Hon Speaker, at an estimated construction cost of US$2 billion, the Square Kilometre Array telescope is poised to be the largest radio telescope in the world by far, and will consolidate Africa as a major hub for astronomy in the world. The African Union has acknowledged the significance of the Square Kilometre Array project in bringing much-needed development to Africa. At the 15th ordinary session of the assembly of heads of state and government that ended in July this year, the assembly, attended by President Jacob Zuma, expressed its appreciation of South Africa’s efforts to co-ordinate the bid to promote space science and technology in Africa. It also endorsed South Africa’s collaboration with other African countries. If Africa wins the bid against Australia – the decision will be announced in March 2012 – this bid will be a major step towards developing high-level skills and cutting-edge technology infrastructure in Africa and attract expertise and collaborative projects to the continent. The support from Africa for the success of the bid really affirms that South Africa is part of the African continent and that our destiny intertwines with the des tiny of the continent. I thank you, hon Speaker. [Applause.] 31 AUGUST 2010 Page 29 of 122 CORRUPTION WHISTLE-BLOWERS KILLED IN MPUMALANGA (Member’s Statement) Mr S J MASANGO (DA): Speaker, Mpumalanga is a dangerous place to be a politician. In recent times, there have been several assassinations of politicians and government officials in the province. Five officials from the Govan Mbeki Municipality recently appeared in the Bethal Magistrate’s court on charges of colluding to kill Bomba Ntshangase, an SACP member, who had spoken out against corruption. Mr Ntshangase was killed on 4 May 2010 in his hostel room. His killing is allegedly related to the building of a stalled project in Emzinoni. The Govan Mbeki Municipality has experienced the brunt of murders of officials and politicians in the province. In 2005 Joshua Ntshuhle, who was the Chief Financial Officer of the Govan Mbeki Municipality at that time, disappeared from the area without a trace. In 2007 Thandi Mtsweni, the Deputy Mayor of the Govan Mbeki Municipality, was killed in front of her house for speaking out against alleged corrupt tender processes at the municipality. It appears that corrupt officials and politicians in this ANC-run province are doing everything in their power to silence anyone who tries to expose the looting of government funds for personal gain. Owing to the extent of political murders in Mpumalanga, it is clear 31 AUGUST 2010 Page 30 of 122 that the ANC in this province is thoroughly rotten. Obviously, perpetrators of crime should be made to account for what they have done, but the ANC also needs to take the responsibility for deploying these people in the province, who are more concerned about patronage than service delivery. The greed of some of the politicians and officials in Mpumalanga is disgusting. These murders and attempted murders are another reason for government to stop the ability of politicians and officials of being able to do business with government. I thank you. DONATION OF ORGANS (Member’s Statement) Mr E M SULLIMAN (ANC): Speaker, this year almost 3 500 patients are on the waiting list for organ donor transplants, but only about 800 will receive those lifesaving organs before the end of this year. Not many people think of donating their organs or tissues, until the day when something tragic happens to them and then they find themselves in need of organs or tissues. The demand for tissue donations includes burn victims, cancer patients and hip replacement candidates, whilst the shortage of bone tissues, corneas and skin is very alarming. 31 AUGUST 2010 Page 31 of 122 The month of August is Organ Donor Month, and the ANC appreciates the generous response from all South Africans. The ANC therefore encourages all South Africans to consider being organ donors to save more and more lives. I thank you. [Applause.] WELCOMING OF MR GHERARDO CASINI FROM THE GLOBAL CENTRE FOR ICT AND MR FLAVIO ZENI FROM THE AFRICAN PARLIAMENTARY KNOWLEDGE NETWORK TO THE HOUSE The SPEAKER: Order! That concludes members’ statements. Before I proceed with the Ministers’ responses, I wish to acknowledge the presence of guests in the gallery. These are Mr Gherardo Casini, from the Global Centre for ICT, jointly established by the United Nations Department of Economic and Social Affairs, Undesa, and the Inter-Parliamentary Union, as well as Mr Flavio Zeni from the African Parliamentary Knowledge Network. They are here as part of preparations for the ICT Conference and the World e-Parliament Conference, and for the African Parliamentary Knowledge Network plenary, which we are co-hosting with the Pan-African Parliament from 18 to 22 October 2010 in Midrand. They are accompanied by representatives from Kenya and the Pan-African Parliament. I extend a warm welcome to you all. [Applause.] IMPACT OF RECENT STRIKE ON EDUCATION SYSTEM DISCRIMATION AGAINST DISABLED PEOPLE AND SENIOR CITIZENS 31 AUGUST 2010 Page 32 of 122 (Minister’s Response) The MINISTER OF LABOUR: [Interjections.] Do not provoke me. The strike is a dispute between the employer and his employees. [Interjections.] This is how we understand it. It is a collective bargaining matter that can only be resolved through bargaining at the bargaining chamber. I am happy that both parties are now back in the chamber, both determined to find a settlement. Bargaining has never been about begging. Bargaining remains bargaining, and therefore a solution can only be found through social dialogue. The continuation of the strike is not in the interests of both the employers and the workers. The costs are high on both sides. Workers know that they will lose wages, as they know the application of ―no work, no pay‖. Government knows that the strike does affect the economy and the rank-and-file people of this country. I have now asked the most senior commissioners of the Commission for Conciliation, Mediation and Arbitration, CCMA, to mediate - that is if the parties find themselves incapable of reaching a settlement. We have resolved, through the CCMA, a number of very difficult strikes in this country. So, I will plead with the workers in the public service, and whoever else is involved, to understand that we can settle this dispute. They must just swallow their pride and accept the mediation. 31 AUGUST 2010 Page 33 of 122 I agree with the PAC that ... ... simele ukuba sivumelane ukuba abantu abakhubazekileyo abakaxhamli kwimeko yezoqoqosho yeli lizwe. Ndiyavuma ukuba noxa ikhona inkqubela, kuninzi kona ekusafuneka sikwenzile malunga nabantu abakhubazekileyo. Xa ke, nyana wesizwe, unokuthi ubambe isandla salo mbutho we -ANC, sihambe kunye, niyeke la maqhekeza enu ninawo e-PAC, ndiqinisekile ukuba singaphumelela. [Laphela ixesha.] [Kwaqhwatywa.] (Translation of isiXhosa paragraph follows.) [... we must agree that the disabled people are not enjoying the benefits of the economy of this country. I agree that while there is progress, there is still a lot that needs to be done for the disabled people. Chief, if you were to join the ANC and work as a collective and leave your small groups of the PAC, I am certain that we could succeed. [Time expired.] [Applause.]] REFERENDUM ON GRASS-ROOTS ECONOMIC EMPOWERMENT VERSUS BROAD-BASED BLACK ECONOMIC EMPOWERMENT VIOLENT SEXUAL ATTACK ON TWO WOMEN IN CHATSWORTH TEMPLE DRUG BUST IN WITKOPPIES, KLERKSDORP WORK OF HAWKS, NPA AND MINISTER APPLAUDED 31 AUGUST 2010 Page 34 of 122 (Minister’s Response) The MINISTER IN THE PRESIDENCY — NATIONAL PLANNING COMMISSION: Chair, on the earlier point raised by the hon Ellis, I want to draw the attention of the House to the fact that the hon member tripped on his mouth the other day, which is why he has crutches, but he clearly has not learned the lesson. Nobody else did it to him. In respect of the issue raised by the hon Madisha on the broad-based black economic empowerment, BBBEE, I see that the main perpetrators of the BBBEE in Cope have now left the House. I agree that not only must it be revised and the constitutional imperative of ensuring diversity of ownership attained, but that we must take the lessons from the last decade or so forward. In respect of the issue raised by the hon Trollip about the rapes in Chatsworth, let me join him and others in this House in expressing our complete outrage and condemnation. It is fundamentally important, as with the issue raised by the hon member on the drug bust, that we improve on the activities within communities so that we are better organised, and so that the police can be informed so that there will be a more timeous response to these issues. On the issue raised by the hon Singh about individuals who were arrested, charged with corruption and had their assets forfeited, I think this House must celebrate the fact that that happened. We must 31 AUGUST 2010 Page 35 of 122 ask that it continues to happen, so that we can root corruption out of society. This House must, across party lines, join hands and call for it increasingly. Thank you very much. [Applause.] CORRUPTION WHISTLE-BLOWERS KILLED IN MPUMALANGA (Minister’s Response) The MINISTER OF HIGHER EDUCATION AND TRAINING: Hon Speaker, this is just a small, but important correction ... [Laughter.] Mr M J ELLIS: Like you. The MINISTER OF HIGHER EDUCATION AND TRAINING: ... in relation to the ... [Laughter.] The SPEAKER: Hon Ellis, take your seat and please keep quiet. The MINISTER OF HIGHER EDUCATION AND TRAINING: ... in relation to the statement made by ... Ellis, I will catch you at an appropriate time. The SPEAKER: Continue, hon Minister. The MINISTER OF HIGHER EDUCATION AND TRAINING: ... in relation to the statement made by the hon member from the DA mentioning the late 31 AUGUST 2010 Page 36 of 122 Bomba Ntshangase. Just for the record of this House, Bomba Ntshangase was a member of the SACP, not the SAP. The SAP died with the notorious apartheid regime. Thank you, hon Speaker. [Applause.] CRIMINAL CHARGE LAID AGAINST MUNICIPAL MANAGER AND DIRECTOR: INFRASTRUCTURAL SERVICES OF NDLAMBE MUNICIPALITY FRAUDULENT TRANSFER OF 33 PARKS IN JOHANNESBURG (Minister’s Response) The MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: Hon Speaker, I would like to respond to the point raised by the hon member about clean environments: the polluted Kowie River in the Ndlambe Municipality. I experience that daily; I come from that municipality. It is very serious. It is indeed both a threat and a reality. The problem there is that the infrastructure is old. Secondly, it was never meant to cater for all the people of the town. It was meant to cater for the white people in town only. Now you have an expanded population that draws from the same infrastructure. Now the infrastructure cannot cope. That is really the problem. Related to that problem ... [Interjections.] The SPEAKER: Order! Order, hon member! 31 AUGUST 2010 Page 37 of 122 The MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: In my view, it therefore means that it would be counterproductive to lay charges against the municipality, because the municipality really can do very little or nothing. The municipality has recently acquired R30 million to try to correct the situation. In fact, it is simply holding it, because to correct it would mean it would have to overhaul the whole infrastructure. The second issue I want to respond to is the deeds registration system. This is just a question. This is the issue that was raised by the hon Botha from Cope. I just want to say that we have scoped the situation, and we said this last week in the House. We have scoped the situation in terms of fraud, corruption and collusion. It is partly because of that that action has been taken against, for example, some of the Deeds Office officials, in Pretoria in particular, and KwaZulu-Natal. We have roped in the Special Investigating Unit, the SIU, to take action against specific cases. We have also ordered a forensic audit so that in the long term we can go through that process and transform the deeds registration system as a whole. Thank you. [Applause.] SKILLS SHORTAGES IN LOCAL GOVERNMENT AND POSSIBLE SOLUTIONS TO ALLEVIATE THE SITUATION 31 AUGUST 2010 Page 38 of 122 (Subject for Discussion) Mr W P DOMAN: Speaker, a survey by Productivity SA in 2 008 revealed that South Africa has the world’s highest brain drain and the worst skills shortage of the 55 countries surveyed. In the consolidated general report on the local government audit outcomes for 2008 to 2009 published recently, the Auditor-General gave reasons why remedial action was not taken by municipalities on audit outcomes of previous years. These reasons include: ―Failure by the leadership to adequately deal with the level of vacancies and instability at senior leadership level‖ and ―Ineffective recruitment, training and supervision of finance staff‖. The skills shortage crisis in local government is, to my mind, one of the main reasons for nondelivery by municipalities. For instance, since the first democratic local government elections in December 2000, the number of civil engineering professionals in the local government sphere were reduced from 2 500 plus to less than 1 300, the capacity effectively being halved within the past 10 years. Here, I must remind you that between 1994 and 2000 no capacity was lost, and it went well in local government because of shared, responsible transformation, but the moment the ANC alone got their hands on the levers of power at municipalities, capacity imploded just as dramatically as the Cape Town power station towers two weeks ago. 31 AUGUST 2010 Page 39 of 122 Dit is ’n gemene saak dat apartheid-onderwys die oorgrote meerderheid van ons bevolking met swak onderwys en min geleenthede vir verdere opleiding gelaat het. Dit is ’n groot bydraende faktor dat die ekonomie vandag vaardigheidstekorte ondervind. Alhoewel die toegang tot onderwys die afgelope twee dekades verbeter het, het die gehalte ongelukkig nie verbeter nie. Munisipaliteite word deesdae genoodsaak om nuwe werksoekers aan te stel wat net eenvoudig nie oor die basiese vaardighede beskik nie. (Translation of Afrikaans paragraph follows.) [It is common knowledge that apartheid education left the majority of our population with poor education and few opportunities for further training. It is an important contributing factor t o skills shortages in our present-day economy. Although access to education has improved over the past two decades, the quality, unfortunately, did not improve. Municipalities are forced nowadays to appoint new job seekers who simply do not have the basic skills at all.] However, cadre deployment at ANC-controlled municipalities has been the biggest culprit that has robbed local government of skilled people. The first step in cadre deployment is, of course, to get positions vacant. In the few years that the ANC controlled the Cape Town metro, 84 senior managers were given nice packages with the ratepayers’ money. This was a trend all over South Africa. In the process, some highly talented people who could have fulfilled at least a caretaker role and could have assisted with in-house 31 AUGUST 2010 Page 40 of 122 training were dismissed. [Interjections.] The ANC – listen, Minister – alienated so many professionals ... The SPEAKER: Order, hon members! Minister of Labour, order please! [Interjections.] Continue, hon Doman. Mr W P DOMAN: The Minister of Labour should listen to this. The ANC alienated so many professionals that they are not prepared to be employed directly by municipalities any more but only to be placed there by agencies like the Development Bank or simply work as contractors. Indeed, the whole concept of contract positions has backfired. Instead of creating excellence, as we intended as lawmakers, it has been misused for political expediency, and it has led to the destabilisation of senior management at municipalities. One of the biggest mistakes that the ANC made was to repeal the Profession of Town Clerks Act of 1988, and the Municipal Accounts Profession Act, Act 21 of 1988, without replacing them with proper ones. No wonder that the Institute of Municipal Finance Officers points out the lack of professional recognition and the current status on the appointment and regulation of municipal financial officers as the main reasons for the lack of financial skills at municipalities. Only now a Bill is before Parliament to set professional standards for positions and appointment procedures, which we support and which we think can go a long way towards alleviating the problem. 31 AUGUST 2010 Page 41 of 122 Figures indicate that there is at all times at least a 12% vacancy rate in section 57 appointments - that is, municipal managers and managers reporting to municipal managers. Then there are those appointees who fill positions, but do not have the necessary skills and expertise. We know South Africa has a shortage of skills in general, but this is compounded in local government by the fact that at least more than 100 rural municipalities find it impossible to attract the necessary skilled people. If Buffalo City Local Municipality in East London, which is aspiring to become a metro in the near future, does not have one graduated engineer, where does this leave the other municipalities in the country? The SA Institution of Civil Engineering says that only 51% of housing projects are successfully completed as a result of skill shortages. This shortage carries over to existing infrastructure as well, where maintenance is regularly neglected. The impact of poor maintenance reduces the quality of life of our citizens as broken pumps leave sewage in the streets, and this compromises the health of all of us. Electrical malfunctions leave houses in the dark, and power cuts erode business prospects. They also mean loss of income for municipalities because less water and electricity are sold. In summary, skills shortages reduce economic growth and job opportunities in South Africa and negatively affect municipal service delivery across all sectors. 31 AUGUST 2010 Page 42 of 122 If we start to look for solutions, the political mistakes, some unintended, must be acknowledged and corrected. Firstly, cadre deployment must be stopped. Councillors, especially ANC councillors, must appoint staff in a balanced way, as our Constitution and laws intend. The DA believes that the concept of fit for purpose must be applied where transformation is taken into account, where equity is taken into account, and also where skills, expertise and experience are taken into account and that these should all be balanced. Secondly, stop leaving positions open if a suitable cadre is not available. It is a pity and a travesty that skilled people are overlooked owing to the ideological blinkers of political leaders at municipalities. Municipalities can go a long way towards reversing the brain drain if the message can go out to South Africans abroad that their skills will not be overlooked and that there are plenty of vacancies at municipalities. Thirdly, too many municipalities fail to enter into performance agreements so that staff can’t be held accountable, or rewarded, for their efforts. If this is not done properly, it doesn’t encourage staff to undertake training and to improve their skills. Fourthly, the Department of Co-operative Governance, Salga and the Local Government Seta should make a concerted effort to come up with applicable training and ensure that it is of good quality. It is disappointing that the department is still struggling to complete a skills audit of all municipalities. We are in total darkness about how this has progressed. A complete skills audit for this sector 31 AUGUST 2010 Page 43 of 122 will go a long way towards identifying what our needs really are and how they can be addressed. Another solution would be for the private sector to second experienced staff to battling municipalities. We also need partnerships with professional organisations that can make a big difference and are ready to assist. Ten slotte sal die Minister van Samewerkende Regering en Tradisionele Sake en sy departement aan die een kant en ons, as parlementslede, aan die ander kant moet saamspan om wetswysigings deur te voer wat professionele standaarde gaan herstel. Dankie. [Tyd verstreke.] [Applous.] (Translation of Afrikaans paragraph follows.) [In conclusion, the Minister for Co-operative Governance and Traditional Affairs and his department on the one hand and we, as Members of Parliament, on the other hand will have to co-operate in passing amendments to legislation that will restore professional standards. Thank you. [Time expired.] [Applause.]] Ms D G NHLENGETHWA: Hon Speaker, hon members, today marks the end of Women’s Month. The ANC has long debated and agreed on the need for women to access decision-making structures. It has also long emphasised that quantitative presence or access is not necessarily representation of women in decision-making, nor is it an achievement of gender equality, but it has recognised the importance of access 31 AUGUST 2010 Page 44 of 122 and presence as only one of the critical pillars of indicators on the road map to gender equality. The critical issue for women wherever they are is to enter these spheres and grab power to use it for transformation. It is accepted that women do not enter spheres as representatives of women, nor as the ones solely responsibly for raising the gender flag. It is imperative that women lead. They should lead in a sense that they participate in capacity-building programmes. They are part of skills development programmes. Mr M J ELLIS: Mr Chairman, on a point of order: The motion on the Order Paper deals with skills shortages in local government, and possible solutions to alleviate the situation. [Interjections.] But the hon speaker at the podium at the present time somehow appears to be using this opportunity to have yet another debate on women. I would suggest, Sir, that she sticks to the topic. The HOUSE CHAIRPERSON (Mr K O Bapela): Hon Ellis, I think you a re being unfair, because she has hardly begun her second paragraph. You don’t know whether what’s she has said is still part of the introduction. Let’s just hear whether your point is in order. Mr M J ELLIS: It is a very long paragraph in that case, Sir. [Interjections.] 31 AUGUST 2010 Page 45 of 122 The HOUSE CHAIRPERSON (Mr K O Bapela): That’s fine. It is the right of the speaker there. Hon speaker, continue. Ms D G NHLENGETHWA: Chairperson, this hon member is not a member of the ANC. He won’t understand what I’m talking about. You are not part of the ANC component. So just listen and hear what I’m going to say. I’ve given you a chance; just give me a fair chance, too, to participate in these issues. Comrades, it is imperative that women must lead, leading in the sense that they participate in capacity-building programmes because they are part of skills development programmes. Allow me to quote from Comrade Thenjiwe Mthintso’s letter in the ANC Today called, ―The revolutions within the revolution‖: ―We do not want only to support women to enter leadership positions in all spheres of life but also to transform these spheres.‖ I am emphasising this point because in the recent service delivery protest against councillors, some of the municipalities were headed by women. The decision of a skills audit in municipalities is not new to us. In 1956 we adopted the Freedom Charter. It says: ―The doors of learning shall be open to everyone.‖ It is one of our policies and one of the ANC’s resolutions under the social cluster that 31 AUGUST 2010 Page 46 of 122 countrywide, skills audits of municipalities must be done. This was also one of Cabinet’s resolutions on 5 March 2007. A national skills audit steering committee was formed, which consisted of provincial and local government: the Local Government Sector Education and Training Authority, the SA Local Government Association, the Independent Municipal and Allied Trade Union – Imatu - and the SA Municipal Workers Union – Samwu. The main aim of the skills audit was to obtain baseline information that would facilitate the implementation of capacity-building initiatives and human resource planning in order to effectively develop appropriate interventions to redress local government skills and competence deficiencies. This process was facilitated over a period of 15 months in all nine provinces. Skill audits, inclusive of section 57 managers in the district and local municipalities, were conducted. You are hounding me because I’m correcting what the hon Doman was saying here. He was talking about things that happened 10 years ago. [Interjections.] The methodology of the skills audit ... [Interjections.] ... I am debating the programmes that are in place in terms of which we can correct the skills shortages in municipalities. The methodology of the skills audit was based on the customisation of the competency framework drawn from various government mo dels, such as the Senior Management Services Competency Framework, the 31 AUGUST 2010 Page 47 of 122 National Treasury and municipal regulations on the minimum competency level. Following all these guidelines, a competency framework was formed that consisted of six clusters. I am going through all these processes to bring to people’s attention the mere fact that because the DA has introduced this debate does not mean that nothing has been done. Things have been done. Listen to these programmes. [Interjections.] Through having done this exercise, we are very aware that a vacancy rate of 13,45% exists in municipalities nationwide. We know that. In accordance with organisational design and human resource principles, such vacancies ... The DEPUTY MINISTER OF TRADE AND INDUSTRY (Mrs T V Tobias): Chairperson, on a point of order: Is it fair that the DA bench is so irritated by the truth? The HOUSE CHAIRPERSON (Mr K O Bapela): That is not a point of order. So long as they do not dominate the speaker and that the speaker at the podium is still audible. That is why I am also quiet. Ms D G NHLENGETHWA: But, Chairperson, it gives me difficulty. I need to ... The LEADER OF THE OPPOSITION: Could I ask the member a question? I want to find out why the ANC has qualified audits and the DA does 31 AUGUST 2010 Page 48 of 122 not have qualified audits in local government. Will she answer that question? The HOUSE CHAIRPERSON (Mr K O Bapela): Could the speaker proceed with her speech? If she does engage the issue you are raising, she will do so. But you are protected, speaker. Ms D G NHLENGETHWA: Thank you, Chairperson. Through this exercise we are very aware that a vacancy rate of 13,45% exists in municipalities nationwide. In accordance with the organisational design and human resource principles, such a vacancy rate is close to the acceptable rate of 13,0%. We also know that provinces that have high vacancy rates in key positions are the Northern Cape — where the vacancy rate for chief financial officer positions is 36,6%, for municipal managers 35,45% and directors in community development services 25% — while the North West, the Free State and Gauteng have the same vacancy rates, with a vacancy rate of only 25% for directors in technical services. [Interjections.] An HON MEMBER: Only! Ms D G NHLENGETHWA: Yes, only! Of the total 785 section 57 managers who participated in the skills audits that were processed 31 AUGUST 2010 Page 49 of 122 countrywide, only 70% of the submitted certificate s were validated and qualified in the rate ... We are very aware that there are challenges regarding some of the qualifications submitted. [Interjections.] There are also people who have not been placed in a related position according to their qualifications. One would find a ... Adv T M MASUTHA: Chairperson, on a point of order: It is against the Rules — and the opposition knows it — to engage in running commentary. They have been persistently disrupting the speaker from continuing. Could you please protect the speaker? The HOUSE CHAIRPERSON (Mr K O Bapela): Hon members, I think the point of order is in order. There has been running commentary, so please avoid doing it. Proceed, hon Nhlengethwa. Ms D G NHLENGETHWA: Those people are not placed in related positions according to their qualifications. You will find a Bachelor of Education graduate holding a director CFO position. Those are challenges we know of and we are correcting them. We must not forget that officials in some municipalities from the apartheid era are still holding critical positions . We kept them as they must transfer their knowledge and skills. Some of them are 31 AUGUST 2010 Page 50 of 122 still there, warming their seats and not monitoring even a single junior official. Therefore, we are saying that temporary positions of CFOs, directors and others should be included in affected municipalities as special short-term programmes, rather than as established programmes designed as part of the permanent municipal structure establishment. Affected municipalities may be required to review their structures to realign to the original mandate. Once all this has been completed, it will be regarded as a big achievement in terms of municipal targets. The structure development programme of section 57 managers has been established at a provincial level in order to expedite developments. Some of the section 57 managers that performed consistently at an intermediate level should be awarded the opportunity to be coached individually to enhance their personal growth, and development managers that scored at an advanced level are to be identified as mentors for specific competencies across the districts. After the completion of the skills audit, we assessed that it was very important to emphasise training and capacity-building in local municipalities. As the ANC has, historically, committed itself to prosperity, this programme is being budgeted for every financial year, but the funds have not been used properly. There are also a number of training institutions such as the Public Administration, 31 AUGUST 2010 Page 51 of 122 Leadership and Management Academy, the Vulindlela Academy and other private training providers. They are directly involved in the training of municipal officials and councillors on an ongoing basis. In this current year, a total budget of R577 million has been allocated to capacity-building programmes. These training programmes are provided in the form of learnerships, short courses and bursaries in areas such as adult education and training, leadership and management, as well as administration and finance. However, there are general complaints that councillors do not attend such initiatives. Such people must be named and shamed. There are many ANC-led municipalities that are doing very well and excelling in service delivery. [Interjections.] There are also many municipalities that have received clean audits. There are many ANC municipalities that have received clean audits. [Interjections.] The fact of the matter is that the ANC as an organisation is an organisation of many people, not of a minority. In other words, we are a majority party. We are expected to provide services to millions of South Africans who gave us this mandate, unlike you. [Interjections.] It is good that you have received clean audits. We appreciate that, but how many people have you provided with this service? [Interjections.] There are very few minorities in the Western Cape, but what about the black people who stay in the Western Cape that 31 AUGUST 2010 Page 52 of 122 you provide with Silahla toilets? Do you think that is proper delivery that gave you a clean audit? [Interjections.] What about the small DA-ID municipalities outside Cape Town? I want to give the example of the Oudtshoon Municipality. It’s a complete disaster, but now you are coming here and saying that you have received a clean audit, knowing that you are serving very few people. [Applause.] Hon Doman came here and said that, as part of the solution, we must stop cadre deployment. You are late in coming and saying that here. In terms of the ANC January 8 statement, the President stipulated clearly that we must come up with a Bill - the Bill that you know about. We are busy with that Bill to rectify all those t hings that you are talking about here. [Interjections.] I thought you were bringing the Bill to this Parliament to come up with constructive criticism, with constructive solutions – together as people who own the Western Cape with minority problems. But you are coming here to score cheap political points and saying that you have been receiving clean audits. Chairperson, I won’t argue any more. I’ve got three minutes left and I will give the three minutes to the hon Nonkonyana. [Applause.] Mr T BOTHA: Hon House Chair, the example of some of the things that have been referred to here has to do with the Buffalo City Municipality where, within this period of democracy in our country, a fifth municipal manager has been appointed within the space of 31 AUGUST 2010 Page 53 of 122 less than 15 years. You cannot have stability in that kind of situation. The parachuting of cadres into top positions has led to grave concerns in public service delivery. For one thing, many of them did not have the right qualifications, or the necessary experience to enable them to manage. To make the situation even more untenable, those who entered the public service in the upper echelons sought to move on to greener pastures in a short space of time. Career-pathing in the civil service is an essential requirement . Without it, young talent will not be drawn into the service. The move to create a unified public service will go a long way towards remedying this situation. Instead of best practices, government adopted the worst practices and expected local government to function miraculously. Unfortunately, using political connections in place of qualifications and nepotism in place of knowledge have left local government in a dire situation. In the rural areas the situation is worse as skilled personnel have neither facilities nor career prospects for them to be attracted to these areas. Unless public servants are suitably incentivised, they will give rural districts a wide berth. These disadvantaged areas will therefore remain seriously disadvantaged for a long time . 31 AUGUST 2010 Page 54 of 122 Rural municipalities are the institutions that are suffering the most. They are the municipalities that receive the least amount of money because of their surrounding circumstances. Cope has consistently called for the professionalisation of the public service, because putting square pegs into round holes just cannot work. Managing municipalities requires enormous skills. Reviving the principles of the Institute of Town Clerks and the Institute of Municipal Treasurers of a good code of conduct and minimum skills requirements were necessary. In fact, it was necessary to restore these codes of conduct. Furthermore, an organisational structure must be buil t around the idea of making the public service an attractive area to draw skilled personnel: a system where qualified people would want to stay and work in their local municipalities because of the opportunities presented in a broader civil service that has to exist in those areas. Merit must be counterbalanced with the need to transform the public service. A 2007 study found that a mere 1 400 civil engineers were left in local government; just three civil engineers for every 100 000 inhabitants, compared to 21 000 two decades earlier. One third of local authorities have no engineers at all. At present, just 7% of sewerage treatment plants meet international standards. 31 AUGUST 2010 Page 55 of 122 On the financial side, qualified financial personnel or officers are in desperate demand, as are chartered accounts, statisticians, managers, forensic scientists and detectives. Transformation must rectify the apartheid legacy. Transformation must, at the same time, address the needs of the poor and the marginalised as it must address the needs for a transformed management. It must not only seek to address the one end of the problem to the exclusion of the other. It is encouraging that 44% of university graduates are black. The problem, however, is that we do not have an adequate number of suitably qualified individuals to allow for an equitable appointment in terms of the totality of public sector vacancies. Our skills base must be further developed and empowered. Thank you, Chair. [Time expired.] [Applause.] Mr P F SMITH: Chairperson, well apart from the troglodytes in the Department of Labour and the Employment Equity Commission and the Black Management Forum who can’t see what’s going on around them and who seem to think that skills shortage is a myth created by white supremacists, the rest of us know that, in fact, there is a skills shortage in the country, and that at a municipal level this applies to both the administrative and the technical level. We’ve heard already that many municipalities, far too high a percentage, are without municipal managers at all, or without chief 31 AUGUST 2010 Page 56 of 122 financial officers, CFOs, and a far higher percentage where the MMs, municipal managers, and CFOs are, in fact, underqualified or unqualified. There’s a wonderful case you might like to hear about of a municipality in Limpopo which gave the position of CFO to the tea lady. Another one has outsourced 95% of its financi al functions, because it can’t find anybody to do the work. On a technical level, just to remind ourselves: in the 1980s and the early 1990s there were 2 500 engineers working in municipalities. With the increased wall-to-wall municipal system, the current number is 1 300, half of what we had then. So what do you expect out of all this? You get weak internal project management, declining water quality, inadequate sanitation and waste-water treatment and, of course, the potholes everywhere — and corruption and patronage. So, we have a real problem here. Now, of course, the government acknowledges, fortunately, that it is partly to blame. The District Manager who is sitting there now said, in fact: We overestimated their political depth; we overestimated government experience and technical capacity at local government level. So what can be done now to solve the problem? 31 AUGUST 2010 Page 57 of 122 Well, the first thing we need to do, of course, is to approve the Bill that the two colleagues before me have mentioned that is before the House. Some of this should have been introduced years ago. Mrs F F MUSHWANA: Chairperson, on a point of order: Would the hon member take a question, because he is talking about Limpopo? Mr P F SMITH: No, I have three minutes and you wasted half of it. The HOUSE CHAIRPERSON (Mr K O Bapela): Hon Smith, just wait. Mr P F SMITH: I have said no already, Chair. The HOUSE CHAIRPERSON (Mr K O Bapela): It was not a point of order. It should have been whether you would take a question. So, you put it wrongly. Could we just leave it there then? You said ―point of order‖ so we thought it was a point of order. It was never a point of order. Now you are asking a question. [Laughter.] Mrs F F MUSHWANA: Thank you, Chair. May I correct it? I’m very new here. Could the hon member please take a question? Mr P F SMITH: No, Chair. I’ve got one minute left, so it won’t be very useful to do so, will it? [Laughter.] 31 AUGUST 2010 Page 58 of 122 The HOUSE CHAIRPERSON (Mr K O Bapela): Thank you very much. Hon Smith, continue. Mr P F SMITH: So what do we do, Chair? Three things: We approve the Bill that’s going through Parliament now, because it deals with some of the problems we have, such as making contract staff permanent, reducing the politicisation of senior staff and establishing special purpose vehicles to ensure delivery of municipal infrastructure. We need far better linkages with the private sector. You can outsource many functions with skills transfers; you can establish a core of experienced engineers at a provincial level to engage in work at municipal level; you can second local staff to contractors to get skills. But on the government side we really must say that much, much more needs to be done in respect of formal training. This includes training of councillors, of course, and more particularly focusing on the calibre of management. Compulsory performance monitoring, which is due and is meant to be there in law - we don’t really do it - is all very well, but that only works if the people you are monitoring are capable to start with. International experience tells us that if you don’t secure the right talent from the beginning, you are not going to get the right outputs. 31 AUGUST 2010 Page 59 of 122 Fortunately, government at long last is doing something about the problem, having lived with blinkered eyes for a long time. But, nonetheless, we will therefore support what is being done to address the problems and give advice when asked. Thank you. The HOUSE CHAIRPERSON (Mr K O Bapela): Thank you, hon member. Hon N M Kganyago ...? Oh, I skipped you, hon Smith; you will follow after him, my apologies. Kganyago, continue, then Smith will come after you. Oh, Smith has spoken. Kganyago, you are the right person. The confusion is who’s sitting there, hon Groenewald. Mr P J GROENEWALD: ... [Inaudible.] ... Chair. So I don’t know where he came from. Mr N M KGANYAGO: No, I was sitting right there. Maybe you didn’t see me. Chairperson, the skills shortage in local government is a long- standing concern of the UDM. Indeed, in our most recent election manifesto it was an issue we raised, particularly in terms of poor service delivery. It is indisputable that a significant part of the frustration that communities express during service delivery protests relates directly to failures by municipalities. In turn, these service delivery failures are often the result of skills 31 AUGUST 2010 Page 60 of 122 shortages in critical areas such as engineering, management and financial planning. However, we need to be clear that the phrase ―skills shortage‖ has become a more palatable way of saying ―vacancy‖. The amount of critical vacancies in local government must be one of the first issues that must be addressed if we intend to address the widespread failure of local government. Local government administration has suffered in many cases from undue political interference by councillors and the executive in the day-to-day running of a municipality. This is the root of the corruption which seems to accompany poor management. In addition, there is anecdotal evidence that many vacancies stem from officials and politicians undermining or actively removing effective and dedicated specialists because these officials would not tolerate incompetence and corrupt behaviour. Cadre deployment, which has become a byword for ―nepotism‖, has rewarded political and personal connections over skill; just as it has celebrated mediocrity over competence. The net result is that the government, especially at local level, has lost many skilled professionals. The UDM repeats its policy proposal of filling some of these vacancies at local government level from among the ranks of 31 AUGUST 2010 Page 61 of 122 the many qualified professional young people who are unemployed. I thank you. Mnr P J GROENEWALD: Agb Voorsitter, ek het verlede jaar ’n vraag aan die agb Minister gestel, en die Minister het erken dat daar minstens 33 munisipaliteite is wat verlede jaar geen ingenieur in diens gehad het nie. Die debat wat ons hier voer, gaan oor die tekort aan kundigheid. As ons gaan kyk na die finansiële verslae, dan sien ons in die hele totale sfeer van plaaslike regering dat daar ’n gebre k aan kundigheid is. Die agb Doman is korrek. Hy het die punte hierso een vir een aangespreek, byvoorbeeld vakatures wat ontstaan wat nie gevul word nie. Maar, wat ek nie verstaan nie, is dat die agb Doman nie kan verstaan hóékom dit nie gevul word nie! Die ANC noem dit regstellende aksie, en die agb Doman behoort aan ’n party wat regstellende aksie ondersteun. Voorsitter, u het hoeveel sprekers van die DA op hierdie podium gehad wat sê dat daar regstellende aksie moet wees. Agb Doman sê hy bevestig dit, maar hy kan mos nou nie kla daaroor as hy nou begin saai wat hy gemaai het nie. 31 AUGUST 2010 Page 62 of 122 Agb Doman, u versterk die ANC in hul soeke na regstellende aksie. U is die vennoot van die ANC in hierdie aspek. [Gelag.] Voorsitter, ek wil vandag vir u sê, die Vryheidsfront het Suid- Afrikaanse talent. Ons het hoeveel CVs van professionele mense – ingenieurs, ouditeurs – wat beskikbaar is. Ons bied dit aan u. Kom na ons toe; ons sal vir u die name gee om daardie kundigheid te herstel. Dankie. (Translation of Afrikaans paragraphs follows.) [Mr P J GROENEWALD: Hon Chairperson, last year I posed a question to the hon Minister, and the Minister admitted that there are at least 33 municipalities that didn’t have any engineers in their service. The debate that we are conducting here is about the shortage of skills. When we have a look at the financial reports then we find that there is a shortage of skills in the entire sphere of local government. The hon Doman is correct. He addressed the issues here one by one, for instance, vacancies that become available that are not being filled. But, what I cannot comprehend is that the hon Doman cannot understand why it is not being filled! The ANC calls it affirmative action, and the hon Doman belongs to a party that supports affirmative action. 31 AUGUST 2010 Page 63 of 122 Chairperson, you have had many speakers from the DA on this podium who stated that there has to be affirmative action. Hon Doman is saying that he upholds this, and then he shouldn’t be complaining about it now that he has to start reaping what he has sowed. Hon Doman, you are strengthening the ANC in their quest for affirmative action. You are in partnership with the ANC in this regard. [Laughter.] Chairperson, I want to say to you today, the Freedom Front is in possession of South African talent. We have many CVs of professional people — engineers, auditors — who are available. We offer them to you. Come to us; we will give you the names in order for those skills to be reinstated. Thank you.] Mrs M WENGER: Chair, the skills shortages in local government are evident throughout the country, particularly in the engineering field. The SA Institute of Civil Engineering, Saice, in a recent presentation stated that only 1 300 civil engineering professionals were available to serve a population of 47 million. There is thus only 2,8 civil engineering staff available per 100 000 people. During a recent ad hoc committee oversight visit to Mpumalanga, we were informed that only three engineers were in service in municipalities to serve the entire population of the province, and this shows. 31 AUGUST 2010 Page 64 of 122 Skills shortages will continue to hamper service delivery at municipal level in the absence of engineers, technologists and technicians in particular as projects will fail and huge amounts of money are wasted. Municipalities are failing owing to limited capacity; funding; support for technical solutions; operations, maintenance and asset management; and leadership, discipline and corruption. Infrastructure projects fail mainly owing to limited capacity and control. Four percent of contractors abandon their projects as they cannot cope. One percent of contractors abandon projects as the municipality does not pay them timeously. In the housing sector, 7% of contractors’ work needed remedial work, while 18% was of a poor quality. Eleven percent had faulty designs. At the end of it all, only 51% of the work was completed satisfactorily with minor problems. The above figures demonstrate the dire situation and wastage of funds that could have been put to better use. The lack of maintenance in water and sanitation will continue to be one of our major challenges. We often say that water is life but, sadly, not all our communities have access to this basic need. In many instances, sewage runs down the streets and into our rivers. 31 AUGUST 2010 Page 65 of 122 Pumps are broken, roads are impassable and many areas still do not have access to electricity. Most of our municipalities suffer great losses in water, resulting in a loss of revenue to the municipality while, at the same time, causing structural damage to many of our roads. In Gauteng alone, R1,295 billion has been lost owing to leaking pipes. If we had efficient and competent engineers employed, this would n ot have happened. All too often the cost of their professional salaries is used as an excuse, but, if we take into consideration the figures of the losses, these amounts could rather have been used for professional fees. In many instances, positions are politicised instead of professionalised. The time has come for all municipalities to appoint professional, registered, senior officials - with the assistance of the SA Institute of Civil Engineers - that have sound track records. Why are we not using the skills of professionals? Saice has developed job descriptions, training plans and policies that we should be looking at adopting instead of shying away from. Past experience has shown that, many a time, officials who are commissioned and tasked to do the interviewing are not qualified enough or competent enough to make the right decisions, but are rather biased through their political affiliations. 31 AUGUST 2010 Page 66 of 122 An action plan is needed urgently to avoid any further delivery problems. We should bring the professionals on board through Saice to assist municipalities by seconding young engineers, staff and apprentices under their professional watch. They could be responsible for assessing backlogs, come up with plans on how to refurbish and rehabilitate ailing infrastructure and put in place a maintenance plan that could be beneficial to the particular municipality. This should also be linked to education and training. Tertiary institutions should consider offering courses that are geared towards local government, such as national diplomas in municipal engineering. There could also be courses offered in operations and maintenance as well as asset management. We could also engage with the private sector and request them to assist with experienced professional staff in order to be effective, people who could assist in turning around the shortcomings that we are currently experiencing. There are solutions to the problem. What we need is commitment, commitment and commitment. Thank you. [Applause.] Mrs C DUDLEY: Chair, the ACDP acknowledges that the culture of apportioning blame rather than finding solutions is decidedly unhelpful, and we enter this debate with this in mind. 31 AUGUST 2010 Page 67 of 122 If we are to alleviate the present skills shortage, local government must have the option to employ scarce skills from wherever they can be found — internally or externally — and to do so quickly and efficiently. Pervasive skills shortages imply that closed-economy solutions to the problem will not be sufficient or speedy enough to solve the skills crisis we are experiencing. In 2008 there were at least 70 municipal authorities in the country without a single engineer or artisan. Government said that affirmative actions and employment equity policies would not be allowed to stand in the way of municipalities and local authorities, but we have yet to see this implemented. Unless we produce at least 2 400 artisans and engineers a year, we are not going to cope with the skills shortages in the country. Right now, South Africa has a broad range of hard skills that could contribute directly to alleviating the skills and b usiness management crisis in most municipalities and add considerable value to the areas of housing, health care, finance and many other critical areas. Not ensuring access to the skills of African nationals already within our borders, and being chained to affirmative action when service delivery is at stake, is irrational. As the quality of life in South Africa deteriorates, crippling service delivery protests are likely to erupt again. The ACDP proposes drastically reduced restrictions on skilled foreign 31 AUGUST 2010 Page 68 of 122 immigrants working in South Africa. Schemes like the one in the UK — that allow people that reside in the Commonwealth to work in the country for specified periods — should be considered. South Africa needs expensive, highly qualified workers. We must find ways to encourage them to work here, and we must ensure that their skills and professional work ethics are transferred to local workers. Thank you. Mrs M N MATLADI: Chairperson, efforts like the public -private partnership driven by Microsoft SA, the SA Local Government Association, the Local Government Sector Education and Training Authority and the Development Bank of Southern Africa are appreciated and welcomed. It is initiatives like these that will ensure that the legacy of the skills shortage in local government is changed for the bette r. We also need a broader, comprehensive definition when we talk about a skills shortage. It should not only be about the scarcity of a qualified and employable workforce, but must also be linked to productivity. Clearly, the co-ordination was very poor between the Department of Labour and the Sector Education and Training Authorities, Setas, 31 AUGUST 2010 Page 69 of 122 which is why we are still sitting with the problem of skills shortages. However, the UCDP hopes that, with the Department of Higher Education and Training holding the reins, there would be desirable progress. I thank you. Mr R B BHOOLA: Mr Chairperson, government has lacked foresight since 1994 because, on the one hand, you have a large number of qualified people who are unemployed coupled with an utter failure to direct matriculants towards embarking on careers in which there is a shortage of manpower. We should have recruited matriculants, taken them to municipalities, and shown them that we need town planners, administrators and people in municipal government, so that by now there should have been an oversupply of skilled manpower. It is a failure on the part of government not to have had the foresight to train people. On the other hand, you have the Setas. Money is allocated for training and education, but there is no monitoring. So Seta has now become ―cheater‖! Those that are getting the money are cheating the government and taxpayers. And, of course, we should do things and get away from affirmative action and the equity policies. We should treat all South Africans as true South Africans and equal citizens and not do things according to race. 31 AUGUST 2010 Page 70 of 122 It is the MF’s considered opinion that had we started training our people since 1994, we would not have had a skills shortage in local government; we would have had an oversupply. I thank you. Mr K J DIKOBO: Chairperson, we will start by stating the obvious: the answer to the skills shortage is skills development and training; it is identifying scarce and critical skills and redirecting young people to take up courses in the identified skills. Municipalities must offer bursaries to young people in these scarce and critical skills so that these young people can, in turn, come and render services to the municipalities. The Local Government Sector Education and Training Authority is charged with dealing with skills shortages in their sector. With the move to the National Skills Development Strategy III, NSDS III, it may be necessary for the Department of Higher Education and Training to commission an impact study to evaluate the impact that the Local Government Seta and other Setas have had on skills development in the country. The country is spending a lot of money on skills development, but is there value for money? But then, is it correct, hon members, to say that there is a skills shortage in local government, or has nepotism and corruption in employment or cadre deployment brought us to where we are? Many 31 AUGUST 2010 Page 71 of 122 professionals are reluctant to move to municipalities because the sector is unstable and experiences a lot of interference and suspensions of officials. Thank you. Mr M NONKONYANA: Hon Chairman, hon Ministers present here, colleagues, hon members, distinguished guests, ladies and gentlemen, first and foremost, thank you, Chair, for giving me this opportunity to air the views of the people’s movement that I represent, the ANC. The ANC is committed, and consistently so, to improving the role played by all organs of state in all spheres of government in order to achieve our broader objectives as a movement. Progress has bee n made by the movement in transforming local government while we also acknowledge the challenges and obstacles still besetting this sphere of government. The Reconstruction and Development Programme, RDP, document set out our policy as follows, and I quote: Local government is of critical importance to the RDP. It is the level of representative democracy closest to the people. Local government should be structured on a democratic, nonracial and nonsexist basis. The ANC has been at the forefront of championing the transformation of local government, hon Doman. This transformation agenda has 31 AUGUST 2010 Page 72 of 122 always been informed by the strategy and tactics, in particular, of the task of building a developmental state. It is therefore imperative that the future political trajectory of developmental local government be consistent with the attributes of the developmental state. The ANC’s 2006 local government manifesto, amongst other things , acknowledged the following: one, to ensure that more resources and trained personnel are provided for local government; two, to audit skills in each municipality; and, three, to employ more competent managers and technicians. The 52nd national conference of the ANC in 2007 provided another important platform for our movement to confirm and redouble its efforts relating to transformation of the state, in particular of legislature and governance. Again, the conference, through its commission on strategy and tactics, defined and articulated its understanding and vision of the key attributes of the South African developmental state. The four key attributes are outlined as follows – and listen, DA. They are strategic orientation, capacity to lead in the definition of a common national agenda, the state’s organisational capacity, and the state’s technical capacity. I lead now, and I am going to do that by also teaching you. The local sphere of government must be assessed and positioned in accordance with the above attributes of a developmental state. It is 31 AUGUST 2010 Page 73 of 122 also imperative that all organs and spheres of government are aligned and guided by the same vision of building a developmental state. Our achievements thus far ... Listen! As the ANC we have committed ourselves to providing a better life for all. As such, the transformation of the apartheid local government was a central pillar in achieving our objective. The local government transformation process was a complex one, and it involved the basic and most critical services that affect our people on a daily basis. You were privileged at the time, fortunately. The ANC has made significant strides towards local government transformation and towards ensuring that the majority of our people have access to basic services. Over the past 10 years, the ANC has succeeded in directing a huge process of transformation that has certainly put municipalities on an irreversible path towards achieving our objectives of ensuring united and integrated nonracial communities, building critical infrastructure for commu nities and deepening democracy. The ANC government ensured that massive strides were made by municipalities in extending service delivery to our people. This is clearly indicated in the community survey of 2007. For instance, we showed national levels of access to basic services to be as follows: 31 AUGUST 2010 Page 74 of 122 92% for water, 69% for sanitation, 81% for electricity, and 64% for refuse removal. Despite the significant progress made, there remain some constraints in accelerating service delivery. The cornerstone of the ANC government programme is redistribution and poverty eradication in all municipalities. Meeting the basic needs of the millions of South Africans living in poverty remains our fundamental objective. The local government sphere is critical in our efforts to achieve our goals of a better life for all, and this sphere can only do more by all of us working together. [Applause.] Local government, therefore, have challenges that can be categorised in two parts: structural challenges and system challenges. Let me deal with the structural challenges so that you under stand, and these include service delivery backlogs. There are high levels of backlogs regarding municipal service delivery, in that the overall national level of access to basic municipal services - water, sanitation, electricity and roads - stands at 54%, and we know that. The lowest level of access in some provinces stands at 15%. Secondly, the need to roll out service infrastructure to previously neglected areas while still maintaining infrastructure in the well - serviced areas has placed an enormous financial and capacity burden on municipalities. Thirdly, the financial viability of some of the municipalities is questionable. A proper assessment of the financial 31 AUGUST 2010 Page 75 of 122 viability of many of the municipalities, particularly the smaller municipalities, has yet to be determined in the context not only of newly drawn geographical and factional boundaries, but in terms of the impact on revenue streams. Fourthly, with regard to rapid urbanisation and migration, the urbanisation of our cities is accelerating at a rapid pace. The cities are constantly required to extend services to new migrants. The migrations experienced are from people from rural areas and also migrants from outside South Africa. Lastly, in terms of building the local economies, the municipalities are continually faced with the challenge of building their local economies to provide sustainable employment. Let us deal briefly with the systems. Poor financial government is a key challenge for municipalities, which is reflected in the audit opinions over the past few years. The overall number of municipalities with qualified audit opinions only decreased by 28%, from 199 in the 2007-08 financial year to 144 municipalities in the 2008-09 financial year. Corruption at the local level is also a trend that requires decisive intervention. [Applause.] This is evident through the collapse of the basic government system, blatant transgression of legislation passed by this House on supply-chain management and inappropriate appointment of people to key positions in municipalities, including 31 AUGUST 2010 Page 76 of 122 the DA-controlled municipalities. There is a shortage of some required capacities to implement and manage the new system and the functions of local government. This is especially the case for smaller, rural municipalities that are not able to recruit the necessary technical expertise. Financial and engineering capacities are specific challenges in many municipalities. What are the key issues for consideration, because the DA is moaning and moaning? These include the following: the system that we have is complex and ineffective; the system is different in every province, that is, there is no consistency in functional arrangements; the system creates challenges of unfunded mandates for local government; the system creates four layers of government; and the system creates a high level of grant dependency. There are little developmental planning facilities, redistribution and support for local government. There is poor intergovernmental cohesion between local municipalities and district municipalities. Districts perform few functions with capacity, including priority functions such as development planning, water services, bulk supply of electricity, domestic waste removal and municipal roads. We believe good governance and professionalism of local government is key here, and I want the DA to listen carefully. Democratic and 31 AUGUST 2010 Page 77 of 122 professional local government is not incompatible. The professional integrity of municipalities requires strengthening from various perspectives. Furthermore, professionalism in local government must be seen as an additional quality to the atavistic, responsive, accountable, effective and efficient municipal system that we seek to build. [Applause.] Specific issues to consider to improve the overall professionalism of municipalities should include the following: Government must develop a clear policy that clarifies the roles of troika plus one; the municipal, executive and legislative functions must be separated more clearly; the code of conduct of elected public representatives and appointed officials must be strengthened; the framework of government relations between elected and appointed officials must be reviewed; and mandatory internal audit functions in municipalities , which are accountable to the independent audit committee of municipalities, must be introduced. That is not all. The municipal public accounts committees must be established as a legal requirement that operates similar to public accounts committees at national and provincial spheres. A statutory inspectorate for local government must be established. I am sorry to tell you, hon Doman, we are not going to go back to what you want us to go back to, that is, to have the old apartheid legislation of town clerks in place. Not at all. [Applause.] We want to go forward; we have buried the apartheid that you are so fond of forever. 31 AUGUST 2010 Page 78 of 122 We must ensure that the professional associations monitor the code of conduct of their members in local government. All section 57 managers must belong to a professional organisation and a statutory inspectorate. Therefore, a statutory inspectorate for local government must be established and will be established by the ANC government. On suspension of section 57 managers, all municipalities must get concurrence from the MECs, as well as our national Minister. Again, common and/or compatible ICT systems must be in place across all municipalities to accelerate service delivery, improve efficiency and accountability. The internal capacity of municipalities must be strengthened to reduce reliance on external consultants. Apparently, your friends - those people who were skilled and who had experience in local government – left when the new democratic government took office, because they couldn’t serve the people’s government and they turned themselves into consultants and are actually milking us of millions of rands. [Interjections.] That is not going to happen. Qualified and skilled staff should be appointed to oversee the implementation of bylaws. Also, the induction of new municipal councillors must be standard. Last but not least, I have heard the hon Minister Shiceka and the Deputy Minister, Comrade Carrim - and I am happy the Deputy Minister is also here - saying that they have heard the voice of the people through the ANC, and it is indeed music to their ears. We’ll do 31 AUGUST 2010 Page 79 of 122 everything to make sure that we have disciplined and dedicated personnel properly skilled and dedicated to do more. [Interjections.] Chairman, the people of South Africa, and I dare say those of Africa and the world, have confidence in the ANC, and we are humbled by this and determined to accelerate the pace of delivering a better life even more, and we trust that the people will encourage us by voting for the ANC more in the 2011 local government elections. [Interjections.] I need to also advise the DA, through the hon Doman, that a rabble-rousing argument cannot impress anyone. I understand that the DA is a concoction of liberals and ―verkramptes‖ of the old and, of course, the ultra right, and cannot impress the people of this country ... [Applause.] But, perhaps, they impress only the rabble: themselves, the DA. I want to point out, therefore, that whatever you have said against the ANC is not founded at all. [Interjections.] We have not appointed people on the basis of political connections, as you have done in the Cape Town municipality. [Interjections.] And that is why the people in Langa and also, unfortunately, the people that you are using as pawns in many parts of rural Cape Town are suffering today, as Comrade Nhlengethwa correctly pointed out. To you, Comrade Botha and Cope: I see my comrade’s one finger pointing at the ANC, but four squarely at Cope. I mention this as it 31 AUGUST 2010 Page 80 of 122 is a pity that my comrade from the Eastern Cape, the hon George, has just left because he was talking about a city that we all know or the municipality we all know about, Buffalo City Municipality. He knows - I come from the Eastern Cape – as he was the ANC chairperson of the Amatole region then, before the divorce papers were filed by the hon Terror Lekota ... [Interjections.] ... that whatever he was doing, he was doing ... [Time expired.] [Applause.] Mr W P DOMAN: Chairperson, I would like to thank the Whips for allowing this debate and to thank everyone that took part. I think that there is general agreement that we are sitting with a big problem and that we do not only want to apportion some blame, but we also want to provide solutions. By working hard and, at last, acknowledging all the things that have gone wrong, we can change things around. On the issues of vacancies and the skills shortage, there is no question that the ANC dropped the ball. I think that the voters must punish them next year in the election. Even the President acknowledged that cadre deployment should no longer take place. I just want to say to the hon member Nhlengethwa that I am not against cadre development. I wish that there was a lot of cadre development. What I am against is cadre deployment. But the hon Nonkonyana comes here and he doesn’t want to acknowled ge what even his President acknowledged. I must tell him that the facts 31 AUGUST 2010 Page 81 of 122 speak for themselves. If the voters take into account what the ANC has done to local government in the past decade, there should be no support for them next year. Die agb Groenewald is baie moedswillig. As dit kom by regstellende aksie, het ons mos ’n ooreenkoms in die Grondwet bereik. Op grond van daardie ooreenkoms is die wetgewing geskryf. Ons ondersteun die Grondwet en ons, as die DA, ondersteun die wetgewing. Ons probleem is hoe die ANC dit toepas. Ek is baie teleurgesteld dat die VF Plus nou hier met ’n radikale standpunt kom dat daar geen regstellende aksie moet wees nie. Dit sal miskien julle kiesers tevrede stel, maar vir ons in ons land sal dit nie ’n goeie ding wees nie. Ons het verantwoordelike regstellende aksie nodig, waar nodig, en die DA ondersteun dit. (Translation of Afrikaans paragraphs follows.) [The hon Groenewald is very mischievous. Regarding affirmative action, surely we have reached an agreement in the Constitution. It was according to that agreement that legislation was drawn up. We support the Constitution and we, the DA, support the legislation. The problem we have is the way the ANC implements this legislation. I am very disappointed in the radical approach now take by the FF Plus that there should be no affirmative action. It might satisfy your voters, but it would not be a good thing for us in this country 31 AUGUST 2010 Page 82 of 122 of ours. We need responsible affirmative action, where necessary, and the DA supports this.] Chairperson, thank you very much to everyone that took part in the debate. I really hope that we will be able to address the skills shortage. I am sure that there are people outside there who are ready to assist, but we just need the political will, especially from this side of the House, to acknowledge it and to make use of those people. Thank you very much. [Applause.] Debate concluded. The House adjourned at 15:58. __________ ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS FRIDAY, 27 AUGUST 2010 ANNOUNCEMEN TS National Assembly The Speaker 1. Submission of Public Protector Report No 20 of 2010-11 31 AUGUST 2010 Page 83 of 122 (a) A letter, dated 23 August 2010, has been received from the President of the Republic, submitting to the National Assembly a report of the Public Protector on an investigation conducted in terms of section 3(1) and 4(1) of the Executive Members‟ Ethics Act, 1998 (No 82 of 1998), the President‟s comments thereon and action taken in regard to the report‟s recommendations. TUESDAY, 31 AUGUST 2010 ANNOUNCEMENTS National Assembly and National Council of Provinces The Speaker and the Chairperson 1. Classification of Bills by Joint Tagging Mechanis m (JTM) (1) The JTM in terms of Joint Rule 160(6) classified the following Bill as a money Bill: (a) Taxation Laws Ame ndment Bill [B 28 - 2010] (National Assembly – sec 77). (2) The JTM in terms of Joint Rule 160(6) classified the following Bills as section 75 Bills: (a) Transport Laws Repeal Bill [B 19 - 2010] (National Assembly – sec 75). (b) Voluntary Disclosure Programme and Taxation Laws Second Ame ndment Bill [B 29 - 2010] (National Assembly – sec 75). 31 AUGUST 2010 Page 84 of 122 2. Bills passed by Houses – to be submitted to President for assent (1) Bills passed by National Council of Provinces on 31 August 2010: (a) Criminal Law (Forensic Proce dures) Amendment Bill [B 2B – 2009] (National Assembly – sec 75). (b) Social Assistance Amendment Bill [B 5B – 2010] (National Assembly – sec 76(1)). National Assembly The Speaker 1. Submission of Public Protector Report No 19 of 2010-11 (1) A letter, dated 15 August 2010, has been received from the President of the Republic, submitting to the National Assembly a report of the Public Protector on an investigation conducted in terms of section 3(1) and 4(1) of the Executive Members‟ Ethics Act, 1998 (No 82 of 1998), the President‟s comments thereon and action taken in regard to the report‟s recommendations. Correction: This announcement replaces Item 1 under Tablings by the Speaker on p 2497 of the ATC of 24 August 2010. 31 AUGUST 2010 Page 85 of 122 TABLINGS National Assembly and National Council of Provinces 1. The Speaker and the Chairperson (a) Report and Financial Statements of Parliament of the Republic of South Africa, Vote 2, for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010, tabled in terms of section 59 of the Financial Management of Parliament Act, 2009 (Act No 10 of 2009). (b) Report and Financial Statements of the Office of the Auditor-General for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010 [RP 229-2010]. 2. The Minister of Tourism (a) Report and Financial Statements of Vote 25 – Department of Environmental Affairs and Tourism for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 25 for 2009-2010 [RP 181-2010]. (b) Report and Financial Statements of South African Tourism for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010. 31 AUGUST 2010 Page 86 of 122 3. The Minister of Labour (a) Report and Financial Statements of Department of Labour – Vote 15 for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 15 for 2009-2010, the Report of the Auditor-General on the Financial Statements and Performance Information of the Sheltered Employment Factories for 2009- 2010 and the Financial Statements and Performance Information of the National Skills Fund for 2009-2010 [RP 129-2010]. (b) Report and Financial Statements of the National Economic Development and Labour Council (NEDLAC) for 2009-2010, including the Report of the Independent Auditors on the Financial Statements for 2009-2010. (c) Report and Financial Statements of the Commission for Conciliation, Mediation and Arbitration (CCMA) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 84-2010]. (d) Report and Financial Statements of the Compensation Fund for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010. (e) Report and Financial Statements of the Unemployment Insurance Fund (UIF) for 2009- 2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010 [RP 134-2010]. 31 AUGUST 2010 Page 87 of 122 (f) Report and Financial Statements of Productivity SA for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010 [RP 132-2010]. 4. The Minister of Public Enterprises (a) Report and Financial Statements of the Department of Public Enterprises – for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 201-2010]. (b) Report and Financial Statements of Denel (Proprietary) Limited for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010. COMMITTEE REPORTS National Assembly and National Council of Provinces 1. Report of the Constitutional Review Committee On 2009 Public Submissions 1. Introduction In terms of section 45 of the Constitution, Parliament has to establish a joint committee to review the Constitution at least annually. 31 AUGUST 2010 Page 88 of 122 In giving effect to this provision, the Constitutional Review Committee placed advertisements in the media on 17, 18 and 19 July 2009 inviting public submissions regarding changes to the Constitution. In all, 15 submissions were received. The Committee requested the Parliamentary Legal Services office to consider each of the submissions in the light of current jurisprudence. Hereunder are brief summaries of the submissions of the public, as well as the Committee‟s views and its recommendations. 2. Summaries of public s ubmissions Submission 1 by Mr Jerome Veldsman The submitter suggests that “the value of human dignity, the achievement of equality and the advancement of human rights and freedoms” require that “the Constitution ought to be sanitised of bias in favour of religious persons to the disadvantage of persons who do not hold supernatural or deity beliefs.” He proposes the review of sections 6(5)(b)(ii),15(2), 16(2)(c), 35(2)(f)(iii), the first item in the Table of Non-Derogable Rights in section 37, and Schedule 2 of the Constitution. Section 6(5)(b)(ii) Section 6 (5) (b) (ii) requires that the Pan-South Africa Language Board (Pansalb) “promote and ensure respect for Arabic, Hebrew, Sanskrit and other languages for religious purposes in 31 AUGUST 2010 Page 89 of 122 South Africa.” The submitter argues that Pansalb is an organ of state funded by public resources. Therefore the use of public resources “is repugnant to the rule of separation of State and Church”. He suggests that section 6(5) (b) (ii) to be deleted in its entirety. The Committee feels that the suggestion that section 6 (5)(b)(ii) be deleted would not be necessary. The rule which the submitter uses as a premise; namely, the rule of separation of state and church is not part of South African constitutional jurisprudence. Conclusion The Committee is of the opinion that the proposal made does not warrant a review of the Constitution. Section 15(2), Mr Veldsman argues that the provision in section 15(2), which allows “religious observances” at state or state-aided institutions, is logically inconsistent. He submits that the practice at any state or state–aided institutions is to integrate religious observances into meetings where attendance is not free and voluntary. Further he holds that the national policy on religion and education is “intellectually dishonest” in its provision that pupils may be excused on grounds of conscience from attending a religious observance component. He s uggests that the inclusion of sub-clause (d) to section 15(2) in order to provide that “no religious observances may be conducted at state or state-aided institutions at any meeting or activity at which attendance is not free and voluntary”. 31 AUGUST 2010 Page 90 of 122 The Committee acknowledges that the argument by Mr Veldsman is a constitutional matter. However, it is of the view that the suggestion is tautologous, as section 15(2) (c) already provides for this. Furthermore, the Constitution is not opposed to religion, but values the role it plays in the society. Conclusion The Committee is of the opinion that the submission does not warrant a Constitutional amendment. Section 16 (2) (c), Mr Veldsman suggests that section 16 (2) (c), which provides that “the right to freedom of expression dose not extend to advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm” is deficient, as it does not include the full ambit of human contemplation. He argues that advocacy o f hatred based on conscience, thought, belief and opinion is as repulsive as the advocacy of hatred based on religion. He suggests that the omission of these words in section 16(2)(c) might even be construed as permitting advocacy of hatred based on conscience. He therefore suggests that the terminology used in section 15, namely: “conscience, thought, belief and opinion” should be included in section 16(2) (c). The Committee is of the view that section 16(2)(c) circumscribes the right to freedom of expression. However, developing the inherent limitation contained in section 16(2)(c), as suggested by the submitter, would limit the right to freedom of expression.. 31 AUGUST 2010 Page 91 of 122 Conclusion The Committee is of the opinion that the suggestion by the submitter is a policy matter and does not warrant any review of the Constitution. Section 35(2)(f)(iii) Mr Veldsman argues that there is no logical or rational reason to restrict the nature of counselling in section 35(2)(f)(iii), which permits everyone who is detained , including every sentenced prisoner, to communicate with, and be visited by, the persons “chosen religious counsellor”. He suggests that section 35 (2)(f)(iii) ought to be amended by omitting the word “religious” and substituting it with the insertion of the word “contemplation”. The Committee, in deciding on its position on this matter, considered the approach of the Constitutional Court in the Christian Education case, in which the Constitutional Court found that the right to freedom of religion, belief and opinion in an open and democratic society contemplated by the Constitution is important. Further it decided that, although the rights of non-believers and minority faiths must be fully respected , the religious beliefs held by the great majority of South Africans must be taken seriously” (at par ). Conclusion The Committee is of the opinion that there is no need to amend section 35(2)(f)(iii), if the view of the Constitutional Court is accepted that not all religions are deistic. 31 AUGUST 2010 Page 92 of 122 Table of Non-Derogable Rights found in section 37 Me Veldsman argues that there exists no logical or rational reason to distinguish between the protection of the right to equality “with respect to unfair discrimination solely on grounds of …religion” in the first item in the Table of Non-Derogable Rights found in section 37, from “any derogation “ under a state of emergency, and contemplation that does not include supernatural/deity beliefs. He therefore suggests that the word “religion” be replaced with the words “conscience, religion, thought, belief and opinion”. The Committee does not agree with the proposal of replacing the word “religion” with “conscience, thought, belief and opinion”. Developing the non-derogable rights as suggested by the submitter would allow less scope to achieve the aims of the state of emergency, which is to restore peace and order. The Committee views this as a policy matter that does not warrant a review of the Constitution. He further argues that the inclusion of the words “(In the case of an oath: So help me God.)” in the oaths found in Schedule 2 is not necessary and contradicts the Constitutional Court‟s view that the Constitution is secular. He therefore suggests that those words in Schedule 2 should be deleted. The Committee is of the view that the approach applied in the two cases, namely Christian Education South Africa v Minster of Education (2000 (10) BCLR 1051 (CC) at par [36 ] and Minister of Home Affairs and Another v Fourie and Others; Lesbian and Gay Equality Project 31 AUGUST 2010 Page 93 of 122 and Others v Minister of Home Affairs and Others (2006 (3) BCLR 355 (CC)) , in which the Constitutional Court indicated the importance of religion, should be applied here. In reading the two cases, the Committee is of the view that it does not appear that the Constitutional Court regards protection of religious communities in the Constitution as contradictory to the secular nature and legal interpretation of the text. Conclusion The Committee is of the opinion that the submission made does not warrant a review of the Constitution. Submission 2 by NABCAT Limpopo The submission proposes a review of the Construction Industry Development Board Act 38 of 2000. NABCAT alleges that the Construction Industry Development Board (CIDB) was established to groom emerging contractors and capacitate them to participate in government projects, but has failed to do so. It further alleges that the CIDB‟s rating of construction companies disadvantages black-owned construction companies and perpetuates past imbalances in the construction industry. Conclusion 31 AUGUST 2010 Page 94 of 122 The Committee is of the view that the NABCAT submission does not propose the review of a constitutional provision, but rather the possible review of an Act of Parliament relevant to this particular issue. The Committee recommends that matter be referred to the Director-General of the Department of Public Works and- the submitter be advised as such. Submission 3 by Rashid Patel & Company The submission is on the infringement of Constitutional rights. The submitter proposes that the Constitution should be amended to incorporate a provision which will give subjects a right to lay criminal charges against officials when they infringe Constitutional rights. The Committee is of the view that the submission does not specify the Constitutional right(s) that officials allegedly breach. However, section 38 of the Constitution deals with the enforcement of rights. The Committee is therefore of the view that the proposal does not warrant any amendment to the Constitution. Conclusion The Committee has recommended that this matter be referred to the relevant Parliamentary Committee and/or the Director-General of the Department of Public Service and Administration - the submitter be advised as such. Submission 4 by Mr McLeod 31 AUGUST 2010 Page 95 of 122 It was submitted that all references to God be removed from the Constitution to confirm the secular nature of the Constitution. It was also suggested that the Constitution should establish and include basic rights in accordance with the precepts of Ubuntu for sentient beings, including animals. The Committee is of the opinion that the Constitution is founded on the equality principle and is the supreme law. As such there is no confusion or conflation of the Constitution with „God‟s law‟. Section 15(2) indicates that the state has a strong interest in religious bodies. Further it found that the Constitution is not opposed to religion, but values the role it plays in the society. On the proposal on the establishment and inclusion of basic rights in accordance with the precepts of Ubuntu for sentient beings, including animals, the Committee does not support the suggestion for the inclusion of positive rights for animals in the Constitution. It draws its conclusion on this matter from the judgements in the cases of Port Elizabeth Municipality v Various Occupiers 2004 (12) BCLR 1268 (CC) and the Azanian Peoples Organisation and Others v President of the Republic of South Africa and Others 996 (8) BCLR 1015 (CC), as well as the judgment of Mokgoro J in S v Makwanyane and Another 1995 (6) BCLR 665 (CC) which recognized that fundamental rights were already infused with the precepts of Ubuntu. It feels that legislation that guarantees the protection of animals is sufficient. Conclusion The Committee is of the view that the submission does not warrant a constitutional review.. Submission 5 by Sekwele Centre for Social Reflections (SCSR) 31 AUGUST 2010 Page 96 of 122 The submissions by the SCSR are as follows: (1) Children‟s Rights: section 28 The proposal is for the limitation of section 28 of the Constitution so as to “restrict the conditions in which termination of pregnancy should be performed”. The submitter recommended that abortion should be limited to instances where pregnancy poses a health risk to the baby or the mother, and where pregnancy was a result of rape. The Committee is of the view that section 28(2) of the Constitution provides that the child‟s best interests are of paramount importance in every matter that concerns the child. This section does not regulate abortion. The Choice of Termination of Pregnancy Act, 1996 (Act No.92 of 1996) deals with the termination of pregnancy. It would seem that the submitter proposes for the amendment of the Constitution, bypassing legislation that gives effect to a Constitutional right. The Committee notes the legal principle applied in the case of NAPTOSA and others v Minister of Education, Western Cape and Others 2001 (4) BCLR 388 (C). Conclusion The Committee is of the opinion that the submission does not warrant any constitutional review. (2) Education Rights: section 29(1)(a)(b) and section 29(3) 31 AUGUST 2010 Page 97 of 122 The SCSR proposes that an amendment should be made to section 29 (1) to provide for free basic education at least up to a Grade 12 level. The Committee is of the opinion that it would not be necessary to amend the relevant section, as it already places a positive obligation on the state to take reasonable measures to progressively make both basic and further education available and accessible to everyone. SCSR also suggested that section 29(1)(b) should be amended so as to relieve graduates of the legal obligation of repaying a loan obtained through the National Student Financial Aid Scheme (NASFAS). Conclusion The Committee decided that these should be referred to the Parliamentary committees on Basic and Higher Education respectively, and the submitter should be advised as such. (3) Section 25 : Property The SCSR proposes the scrapping of section 25 of the Constitution in its entirety. The argument is that this section is serving the interest of the rich at the expense of the poor. It further holds that section 25 is the cause of the widening gap between the rich and the poor. Conclusion The Committee has decided that the submission be deferred pending further consultatio n by the political parties. 31 AUGUST 2010 Page 98 of 122 Submission 6 by Dr M Pheko The submission proposes an amendment in section 25(7) of the Constitution. The proposal concerns the effectiveness of section 25 of the Constitution in addressing past injustices. Conclusion The committee decided that the submission be deferred pending further consultation by the political parties. Submission 7 by Mpumalanga Provincial House of Traditional Leaders (MPHTL) The submission by the MPHTL suggests the following: (1) The roles and functions of Traditional Councils must be defined in Chapter 12 of the Constitution. (2) The status of the House must be defined - whether it is a public entity or part of Parliament. (3) Recognition of traditional leadership must include all layers of traditional lead ership. (4) Intergovernmental relations must be amended to include the institution of Traditional Leadership. (5) The House‟s financial management must be regulated by the Financial Management of Parliament Act. The submission by the MPHTL is still under consideration. 31 AUGUST 2010 Page 99 of 122 Submission 8 by Mr or Ms Ruiters The Committee could not consider the submission as it was not legible and the submitter could not be traced. Submission 9 by Anne-Marie Robb The submitter requests the Committee to address the issue of legal capacity, especially in relation to mental health care users. She suggests that the Constitution should make it clear that legal capacity of persons cannot be taken away from them arbitrarily. She also submits that the term “conscience” may seem to suffice, but including “psychosocial/physical disability “will enrich the Constitution in line with the United Nations Convention on the Rights of People with Disabilities. The Committee is of the view that the request by the submitter is sufficiently addressed in the Constitution, the Mental Health Care Act and in general in the South African law of persons. Conclusion The Committee recommends that the submission be referred to the Director-General of the Department of Justice and Constitutional Development for further explanation on issues of legal capacity status- the submitter be advised as such. Submission 10 by Mr Thamsanqa Robert Ncube 31 AUGUST 2010 Page 100 of 122 The submission deals with the connections between material and political inequality. However, while the submission makes reference to the inter-relationship between “material and political inequality and how protests formed around demands to address the former may have positive consequences”, the submitter does not propose an amendment to the Constitution as such. Conclusion The committee is of the view that the matter does not warrant a review of the Constitution. Submission 11 Advocates for Transformation (AFT) - Gauteng The submission recommends that Parliament should amend sections 168(3), and 172, as well as sections 8 and 38 of the Constitution. In regard to section 168(3), the proposal is for the exclusion of all matters which fall within the jurisdiction of the Labour Appeal Court from the jurisdiction of the Supreme Court of Appeal. The AFT also argues that section 8 has been interpreted to mean that common law or legislation must be relied on to invoke right in the Bill of Rights. They argue that this is an incorrect interpretation and that Parliament should amend this clause to make it clear that this is not what is intended. The AFT is of the view that section 38 of the Constitution has to be dealt with in conjunction with section 172, which makes it clear that, once a court has found that the law or conduct is inconsistent with the Constitution, it has to declare such law or conduct invalid to the extent of its inconsistency. 31 AUGUST 2010 Page 101 of 122 Conclusion The Committee decided that the matter should be referred to the Portfolio Committee on Justice and Constitutional Development and advises the submitters to make a submission when the Superior Courts Bill and the Constitution 19th Amendment Bill are tabled. Submission 12 by Mr Mkhalipi The submission is on the distortions in the copies of the Constitution which mark 10 years of freedom. The submitter questions whether the significance of the Constitution is appreciated in respect of the manner in which the text is distributed and its value is promoted. The submission indicates that the “most recent copies of the Constitution in circulation contain several embarrassing errata” and argues that the “oversight authority”, which is Parliament, might need to proof-read and certify all updated editions of the Constitution. The Committee is of the view that the issue is not a “Constitutional matter” that would require a Constitutional review. Conclusion The Committee recommends that the matter needs to the referred to the Director-General of the Department of Justice & Constitutional Development and the publishers. Submission 13 by the National House of Traditional Leaders (NHTL) 31 AUGUST 2010 Page 102 of 122 The submission proposes amendments to Chapter 12 of the Constitution. The NHTL also argues that the chapter of the Constitution, which deals with Local Government, deprives traditional leaders of their right to govern their own communities. It proposes that the powers, functions and duties of any Local Government be performed by traditional leaders to ensure that service delivery and development in traditional communities take place rapidly. It further suggests that, where an organ of state has allocated a role or function to traditional councils or traditional leaders, the organ of state must monitor the implementation of the function and ensure that the implementation of the function is consistent with the Constitution. Where a traditional council does not perform an allocated function, any resources given to a traditional council to perform that function may be withdrawn. The NHTL also suggests that traditional leaders should be represented in all legislative- making bodies, including Parliament. The submission by the NHTL is still under consideration. Submission 14 by IDASA The submission proposes an amendment to section 47(1) of the Constitution. Conclusion The Committee has decided to defer the submission for further consultation by parties. Submission 15 by Mr Ismail 31 AUGUST 2010 Page 103 of 122 The submission by Mr Ismail is not a submission in respect of a Constitutional amendment, but rather a request for legal advice on the legal remedies available to restitution claimants who are dissatisfied with compensation paid to them in respect of their land claims. Conclusion The Committee is of the view that this matter does not fall within its jurisdiction. The Committee has decided that Mr Ismail should be advised to approach the nearest justice centre for advice on the legal remedies. Index of submissions received: Number Submitter 1 Mr Jerome Veldsman 2 NABCAT Limpopo 3 Rashid Patel & Company 4 H Mcleod 5 Sekwele Centre for Social Reflection 6 Dr M Pheko 7 Mpumalanga House of Traditional Leaders 8 Mr or Ms Ruiters 9 Ms Anne-Marie Robb 10 Thamsanqa Robert Ncube 31 AUGUST 2010 Page 104 of 122 11 Advocates for Transformation-Gauteng 12 Mr Mkhaliphi 13 National House of Traditional Leaders 14 IDASA 15 Mr M Ismail Report to be considered. National Assembly 1. Report of the Portfolio Committee on Justice and Constitutional Development on the request by the National Assembly to reconsider the nomination of Advocate LKB Mpumlwana as a Commissioner for the South African Human Rights Commission, dated 31 August 2010. The Portfolio Committee on Justice and Constitutional Development, having considered the request by the National Assembly to reconsider the nomination of Advocate LKB Mpumlwana as a Commissioner to the South African Human Rights Commission, reports as follows: 1. Advertisements calling for persons to be nominated for appointment as Commissioners to the South African Human Rights Commission (SAHRC) were placed in both national and regional newspapers in May 2009 and, again, in September 2009. The interviews were held at Parliament from 14 to 17 September 2009: Adv LKB Mpumlwana was interviewed on 16 September 2009. After deliberating, the Committee recommended six nominees to the National Assembly for appointment as Commissioners to the SAHRC. Specifically, it recommended that Adv LKB Mpumlwana be appointed to the Commission in a full- time capacity. 31 AUGUST 2010 Page 105 of 122 2. However, during the debate on the nominations, certain matters were brought to the National Assembly‟s attention. It was alleged that during his interview with the Committee, Adv Mpumlwana had failed to disclose that: 2.1. He had been employed concurrently in the Premier‟s Office in the Provincial Administration of the Province of the Eastern Cape and by the Truth and Reconciliation Commission (TRC). 2.2. He also omitted to disclose that he was discharged from the employ of the TRC after being found guilty in a disciplinary hearing. 3. On 12 November 2009, the National Assembly noted that the President had not appointed Adv. Mpumlwana to allow it to reconsider his nomination. It a mended its resolution of 22 September 2010, omitting Adv. Mpumlwana‟s name from the nomination list. The matter was then referred to the Portfolio Committee on Justice and Constitutional Development for further consideration and report. 4. The Committee met on 28 July 2010 to consider the National Assembly‟s request. 4.1 The Committee, in particular, noted the judgement in Truth and Reconciliation Commission v Mpumlwana and Mpumlwana v Truth And Reconciliation Commission And Another  3 All Sa 58 (Ckl) which found, among others, that Adv Mpumlwana “by his non- disclosure of his employment in the Eastern Cape Provincial Administration fraudulently misrepresented to the Truth and Reconciliation Commission that he was a fit and proper person to be employed by it, whereas that was not the case”. 31 AUGUST 2010 Page 106 of 122 4.2 Adv Mpumlwana was given the opportunity to address the Committee on the issues raised. 5. After considering all the material before it, and Adv Mpumlwana‟s response, the Committee felt that it could not continue to support his nomination as a Commissioner to the SAHRC in the light of the High Court Judgement in Truth and Reconciliation Commission v Mpumlwana and Mpumlwana v Truth And Reconciliation Commission And Another  3 All Sa 58 (Ckl). Recommendation 6. The Committee recommends that the National Assembly withdraw the nomination of Adv. Mpumlwana. Report to be considered. 2. Second Report of the Portfolio Committee on Justice and Constitutional Development on the appointment of persons to the South African Human Rights Commission in terms of section 193(5) of the Constitution, dated 31 August 2010 . The Portfolio Committee on Justice and Constitutional Development having considered the National Assembly„s request to nominate persons for appointment to the South A frican Human Rights Commission, reports as follows: 1. The Committee conducted extensive interviews in September 2009 to fill the vacancies that had arisen in the South African Human Rights Commission. The Committee 31 AUGUST 2010 Page 107 of 122 recommended six nominees to the National Assembly for appointment as Commissioners (See report of the Committee, dated 17 September 2009). 2. At the request of the National Assembly, the Committee reconsidered the nomination of Adv LKB Mpumlwana and recommended that his nomination be withdrawn. (See Report of the Committee, dated 31 August 2010). 3. Dr Gladstone Sandi Baai was among those interviewed in September 2009 and the Committee identified him as the next suitable candidate should a nominee become unavailable for appointment. Recommendation The Committee recommends to the National Assembly that Dr Gladstone Sandi Baai be recommended for appointment as a Commissioner to the South African Human Rights Commission. Report to be considered. 3. The following report replaces the report of the Portfolio Committee on Rural Development and Land Reform published in the ATC dated 27 August 2010; item 2, page 2516 under Committee Reports. “Report of the Portfolio Committee on Rural Development and Land Reform on the Black Authorities Act Repeal Bill [B 9 – 2010] (National Assembly – sec 76), dated 25 August 2010: 31 AUGUST 2010 Page 108 of 122 The Portfolio Committee on Rural Development and Land Reform having considered the subject of the Black Authorities Act Repeal Bill [B 9 – 2010]( (National Assembly – Section 76), referred to it and classified by the Joint Tagging Mechanism (JTM) as a Section 76 Bill, reports the Bill without amendments. The Committee further reports as follows: 1. Background The Black Authorities Act, No 68 of 1951 (hereinafter BAA) was one of the legis lative cornerstones of apartheid engineering which sought to control communities of black people. It laid the foundation for the establishment of statutory tribal, regional and territorial authorities to administer the affairs of black people; and also defined the functions of those black authorities. It has remained a symbol of past racial divisions and discrimination and is entirely repugnant to the values and human rights enshrined in the Constitution of the Republic of South Africa, Act 108 of 1996. The Black Authorities Act Repeal Bill [B 9 – 2010], tabled in Parliament on 7 May 2010, seeks to repeal the BAA thereby removing it from the statute book. Subsequent to the briefing by the Department of Rural Development and Land Reform, the Portfolio Committee on Rural Development and Land Reform invited public comments on the Black Authorities Act Repeal Bill [B 9 – 2010]. It received five written submissions and seventeen expressions of interest to make oral submissions. On 20 and 21 July 2010, it conducted public hearings on the Black Authorities Act Repeal Bill and heard submissions and testimonies from representatives of rural communities and organisations. The public hearing process was followed by consideration of the Bill and deliberations on the sub missions received by the committee. 31 AUGUST 2010 Page 109 of 122 This report outlines an overview of key issues arising from the submissions received by the committee and further provides an account of the committee‟s consideration and deliberation on submissions received, and on the Bill. 2. Overvie w of submissions received by the Committee 2.1 Law, Race and Gender Research Unit The Law, Race and Gender Unit (LRG), based within the University of Cape Town, welcomed the repeal of the BAA. The following questions regarding the repeal of the BAA were raised: Would the repeal on its own be sufficient to undo the legacy of the BAA? Will additional processes be needed, and what would this entail? The LRG argued that a set of post -1994 legal provisions further entrenched the legacy of the BAA. Some of the post apartheid legislative developments were regarded as problematic and controversial. The Traditional Leadership and Governance Framework Act 41 of 2003 (TLGFA) was cited as an example. LRG submitted that Section 28 of the TLGFA entrenches the apartheid era tribal boundaries and authorities in rural areas; and perpetuates and legitimizes those boundaries and authorities associated with the BAA. The TLGFA entrenches the BAA provisions as follows: It gives traditional councils the very kinds of unaccountable governance powers they had as traditional authorities under BAA. 31 AUGUST 2010 Page 110 of 122 It preserves and entrenches the obsolete and repugnant boundaries, authority structures and power relations between traditional leaders and their subjects. It permits possibilities of collection of taxes and levies by the traditional councils (section 4(2) and (3) (note that the Constitution [section 43 and 104] vests these powers to National and Provincial spheres of government). It was argued that this provision is in contrast with the provisions of the White Paper on Traditional Leadership and Governance, which discourages imposition of taxes and levies by traditional authorities. The submission highlighted to the portfolio committee the Constitutional Court‟s hearing on the Communal Land Rights Act 11 of 2004 (CLARA). Deputy Chief Justice Dikgang Moseneke expressed concerns regarding the use of BAA as a platform for land reform. LRG contended that the repeal of the BAA falls short of what is required to address the legacy of apartheid in rural areas of South Africa. The LRG, therefore, asked parliament to note the following: That the Black Authorities Act Repeal Bill mentions the cut-off dates for continued existence of the old community, regional and other authorities mentioned in section 28(5) and (6) (a) of the TLGFA; but that process is incomplete. The irony of repealing the BAA, whilst its key provisions live on in new legislation as illustrated above. The concerns of the Constitutional Court regarding the reliance on the BAA‟s tribal authorities and boundaries as a basis for post-apartheid land reform. Addressing the legacy issues requires the attention of the Portfolio Committee on Justice and Constitutional Development as well as that of Cooperative Governance and Traditional Affairs. 2.2 Mr. Thabang Motsoeneng 31 AUGUST 2010 Page 111 of 122 Mr. Motsoeneng, in his personal capacity, emphasised the constitutional rights of the rural people; in particular, the Bill of Rights. He located his submission within the discourse of law and the impact of Roman Dutch Law on indigenous and customary practices. He argued that the repeal of the Black Authorities Act should give due regard to the realisation of the constitutional rights of people in rural areas. The following propositions were highlighted: Enactment of laws that would give effect to secure land rights and dignity for people living in rural area. Availing financial resources for food production to the rural poor. Collaboration of traditional councils and municipalities to ensure development of rural areas. 2.3 Silwanendlala Farme rs Agricultural Cooperative (Ltd) The submission from the Silwanendlala Farmers Agricultural Cooperative illustrated the experiences of the rural people in the Matsamo Tribal Authority, Mpumalanga. Some of the problems experienced by the rural people centred on issues around chieftaincy and traditional authorities, institutions that derived their mandate and powers from the BAA, which were legislated by the BAA. These contributory factors or problems subsequently determined the manner in which the Tribal Authority decided on development; selling land that it does not own; and imposing different kinds of levies to the residents, but does not provide services. Silwanendlala asked parliament to ensure that government put in place mechanisms that: Stop tribal authorities from implementing old apartheid laws. 31 AUGUST 2010 Page 112 of 122 Ensure that new laws are based on a consultative process that takes into consideration views of the public, especially the rural poor. Prohibit tribal authorities from interfering with development in rural areas. Release title deeds of land occupied by the rural people. 2.4 Rural Peoples Movement (Kwazulu-Natal) The Rural Peoples Movement was of the view that the BAA together with its Tribal Aut horities must cease to exist.. It argued that the BAA undermined the dignity of black people in South Africa. The Rural Peoples Movement highlighted critical concerns relating to the legacy of the Black Authorities Act, which incorporated: Clustering of black people and imposing chiefs on them. A system of imposing taxes and levies to the rural people. Establishments of Bantustans and homelands. Divisions and disunity among black people. The Rural Peoples Movement was concerned that new pieces of legislation such as the Traditional Courts Bill (TCB) and new legislative developments entrenched the BAA provisions. 2.5 Land Access Movement of South Africa Land Access Movement of South Africa (Lamosa) welcomed the repeal of the BAA. The submission illustrated frustrations and confusion on the role of traditional authorities legislated for by the BAA. The case of Barokolokgadi of Melorane was presented. Due to forced removals from their ancestral 31 AUGUST 2010 Page 113 of 122 land, different communities were clustered to live together, despite the absence of history of prior links or connection among those communities. They were further subjugated to tribal authorities to whom they did not have any allegiance. The Barokolokgadi community received their ancestral land under the land restitution programme, which transferred land to the Barokolokgadi Communal Property Association. Though the community does not recognise the tribal authority, they cannot escape the authority of the chief. The Barokolokgadi‟s attempts to be an independent community were all in vain because the North-West Provincial Government believed that “the traditional authority cannot be dismantled, lest floodgates of problems are opened, and this would create administrative problems” (North-West Provincial Government, 2009). In order to ensure that the repeal of the BAA is meaningful, Lamosa called for parliament to: Amend Section 28 of the TLGFA. Not to pass the Traditional Courts Bill Government should stop tribal authorities and chiefs from imposing levies and taxes. 2.6 Sekhukhune District Land Forum After the promulgation of the BAA, many tribal leaders „congested‟ Sekhukhune District and the apartheid government preferred certain leaders to others in order to further its own objectives in the former homelands. A number of changes occurred, including forced removals, change in governance of the homelands, introduction of taxes, and payment of Trust money. A major challenge today relates to the abuse of power and imposition of taxes by those institutions o f tribal authorities. One of the examples given was the so-called „car levy‟ by the tribal authority. 31 AUGUST 2010 Page 114 of 122 The provisions of the TLGFA give tribal authorities (in their new name as traditional councils) more powers than they had previously. This should be ame nded to transform the power imbalances and adopt a transformative approach to the traditional authorities. 2.7 Rural Women’s Movement The Rural Women‟s Movement (from KwaZulu-Natal) supported the repeal of the Black Authorities Act. Its submission covered a wide range of persistent problems confronting rural women which they believed would continue even after the repeal of the BAA. Such problems included the following: The chief‟s unilateral decisions about the use of land and other community resources. The chief appointed 19 people as the Traditional Authority to conduct the Traditional Court. The injustices occurring under the traditional courts. The poor are fined heavy penalties up to R1000 for the trespass of livestock into the fields. An appeal was made to parliament to disband the current Traditional Authorities and Courts and create structures that provides government services to communities. 2.8 Daggakraal Committee of 12 The repeal of the BAA was welcome. However, a major concern was that the BAA still resided within the TLGFA which stripped the Kalkfontein their status as a Community Authority. The TLGFA gives chiefs‟ authority over the community authorities even if they had existed independent of any traditional authority. There was an appeal from this group that: 31 AUGUST 2010 Page 115 of 122 Parliament repeals the TLGFA or amends its section 28. Disestablish tribal structures associated with the BAA. 2.9 Kalkfontein B and C Trust Kalkfontein community, represented by Mr. Tongoane, is one of the communities t hat challenged CLARA at the Constitutional Court. He welcomed the repeal of the BAA. However, he indicated that the community remained concerned because the repeal on its own was inadequate to address the damage caused by the BAA. A set of post- 1994 measures and provisions in effect entrenches the legacy of the very Act that is being repealed. According to Mr. Tongoane, the TLGFA, TCB and CLARA are an embodiment of the BAA because they bestow more powers to the institution of traditional leadership. The traditional councils, provided for by the TLGFA, were viewed as problematic structures as they resembled mere „cosmetic changes‟ to the traditional authorities of the BAA. 2.10 Farm Evictions and Development Committee Farm Evictions and Development Committee, represented by Ms. Maria Mabaso supported the repeal of the BAA. Their major problem is that the Tribal Authority, an institution that was legislated under the Black Authorities Act, imposed levies and taxes to rural communities. The following are t he kinds of taxes and levies imposed on rural people: If a girl becomes pregnant, parents of the girl child pay amounts ranging between R200-R1000 to the chief (only levied to the parents of a girl-child). 31 AUGUST 2010 Page 116 of 122 When a widow has to remove her mourning dress, she pays a tax/levy ranging between R300 – R1000 to the chief. Development tax - for example, each family pays R500 for the construction of roads etc. When land reform beneficiaries acquire land (either redistribution or restitution), as subjects of a chief, they are compelled to pay levies for access to their own land. Rural communities fund the costs of private legal matters of chiefs. For example, they pay a fee of R150.00 per person. For weddings and unveiling of tombstones, a family pays a levy between R300 and R1000. An example in Emakhuzeni – each household pays R50 towards the education fund for the chief‟s child. Other taxes - Horse tax (chief‟s car), tax for the traditional skirt of the chief, palace and many others. 2.11 Cala University Students Association and Siyazakha Land and Development Forum Cala University Students Association (CALUSA) and Siyazakha‟s submission of Tsengiwe case study illustrated a need for the repeal of the BAA. The submission showed that the BAA gave birth to Triba l Authorities that were different from people‟s local customs. The local custom and practice in Cala was to elect their own headman. But the Eastern Cape Provincial Leadership and Governance Act of 2005 forbids this practice. The submission illustrated the tensions and conflicts in many communal areas in the former homeland areas as is the case of Tsengiwe, Sakhisizwe Local Municipality in the Eastern Cape. On one hand, traditional leaders are bestowed with legislative powers to control and manage develop ment processes; and on the other hand, municipalities are charged with responsibilities of facilitating economic 31 AUGUST 2010 Page 117 of 122 development and delivery of basic services to all citizens of South Africa. These institutions often find themselves in conflict. CALUSA and Siyazakha elaborated on tensions existing between the TLGFA and other legislation on local government. They emphasised a need to clarify roles of municipalities and chiefs at a local level. Their greatest concern was that whilst the Constitution seeks to entrench democracy by encouraging direct community participation, TLGFA gives more powers to Chiefs. 2.12 Bakgatla Ba Kautlwane The submission stressed the frustrations by the Bakgatla Ba Kautlwane who, under the apartheid government, were forced into the authority of the Bakgatla Ba Kgafela (paramount chiefs). The authority of the Bakgatla Ba Kgafela was imposed on the Ba Kautlwane people. The impacts of being wrongfully subjected to other chiefs were that: Their land restitution claim was registered under the Bakgatla Ba Kgafela who do not have legitimate restitution claim on the claimed land. Misuse of revenue generated from mineral resources. The proceeds do not benefit the broader community of Ba Kgatla, but the Chief. They key message from the Bakgatla Ba Kautlwane was that they were concerned that some of the new legislation such as the TLGFA entrenches the BAA by reinforcing the status of some Chiefs on people who do not recognise them. They argued that those kinds of laws make it difficult for people like them to challenge abuse/s of power. 31 AUGUST 2010 Page 118 of 122 2.13 South African National Civic Organization – Eastern Cape SANCO welcomed the repeal of the BAA but raised concerns about some of the „cruel and unscrupulous‟ pieces of legislation that emanated from the BAA. Those pieces of legislation included the TLGFA, CLARA, TCB and the Eastern Cape Provincial Traditional Leadership Act of 2005. It argued that those pieces of legislation were based on the old defunct and notorious apartheid laws. Major concerns revolved around the traditional authorities that remained untransformed. Despite provisions of the manner of composition of traditional councils in the TLGFA, SANCO expressed concerns with regards to the election of traditional councils, imposition of levies and betterment claims. It presented examples of areas where these processes are flawed and the effects of BAA will be felt long after it has been repealed; more especially in areas such as Qawukeni, Tsholomnqa, Mooiplaas and Kwelera, Kolomane village, and Gwatyu. SANCO recommended that parliament should repeal the BAA and seek measures to amend the TLGFA and TCB. 2.14 Ms. Maria Mateza Ms. Mateza, a trained black female farmer, bought a piece of agricultural land in 1983. The land did not form part of any traditional authority. Realising that Ms. Mateza owns that land, the Chief of Gcina Tribal Authority began claiming that he owned the same land on which she farmed and she was evicted. She was informed that as a woman she could not own any land. She attempted in vain to claim the land in terms of the Restitution of Land Rights Act, 22 of 1994. However, she was informed that government only took claims of people who were dispossessed by Whites. In 1990s, she was promised financial compensation but she found it unsatisfactory as a farmer. She now lives in a shack, a life that she is unaccustomed to. She blames this on the ruthless chiefs and the fact that she is a woman. She urged parliament to repeal the BAA in its entirety. 31 AUGUST 2010 Page 119 of 122 2.16 Ilizwi Lamafama Small Farme rs Union (ILSFU) Ilizwi Lamafama Small Farmers Union (ILSFU) represented 3000 members from 44 villages in Buffalo City, Ngqushwa, Amahlathi and Nkonkobe Municipalities. They supported the repeal of the BAA. However, their major concern related to the many problems that will continue even after the repeal of the Act. Those problems include: the powers of Chiefs as legislated by the TLGFA. ILSFU presented experiences of its members with regards to elections of traditional councils. For example, the AmaNdlambe Tribal Authority elected the 40% component of the traditional council from the 60% submitted by the Chief Makinana. They submitted that if parliament repeals the BAA, communities will still remain with the very problematic BAA structures. They therefo re urged parliament to repeal the BAA as well as its structures. 2.17 Access to Ancestral land by Ramunangi Family The submission by the Ramunangi family highlighted the issue of disputes around access to ancestral sacred site. According to the family tradition and customs, the site is very important for communication with their ancestors and God. The tribal authority, associated with the BAA, has permitted development of a picnic site on this piece of land. The development is interfering with the cultural and religious practices of the Ramunangi family. The family argued that the TLGFA gives powers to traditional councils, which make it difficult for the rural poor to challenge the decisions of the tribal authorities/traditional councils. 2.18 Legal Resources Centre The repeal of the Black Authorities Act signals one of the significant final steps in removing the traces 31 AUGUST 2010 Page 120 of 122 of parliamentary sovereignty and „indirect rule‟ from democracy. However, if the repeal is to be more than a mere symbolic act, it is crucial that the Act that fills the void left by the repeal be true to the principles of our constitutional democracy. The repeal should, as far as possible, ensure that the damage caused by the BAA is undone. The LRC referred the committee to the ANC 52nd National Conference Resolutions (Polokwane), particularly resolution 84 under social transformation. The resolution noted the importance of strengthening the voice of rural South Africans, empowering poor communities and building the momentum behind agrarian change and land reform. It also advocated for democratization of allocation of customary land in a manner that empowered rural women and supported the building of democratic community structure at village level. The LRC further drew a link between some new legislation and the BAA, particularly the TLGFA and the TCB. The TLGFA allows for the tribal authorities established under the BAA to continue. The LRC submitted that the BAA did not represent living customary law and unless that happens, any new legislation will be unconstitutional. Furthermore, the TCB links to the BAA in the sense that it defines the traditional leader as presiding officer, representation of parties by a Spouse, and provides no right to opt out. The LRC urged parliament to consider a process of meaningful engagement by relevant parliamentary portfolio committees on these issues or else the legacy of the BAA will live continuously. 3. Key issues emerging from consideration of the Bill and public hearings Submissions from interested members of the public and other organizations also showed widespread support for the repeal of the Black Authorities Act. The repeal of the Black Authorities Act was also 31 AUGUST 2010 Page 121 of 122 seen as one of the significant final steps in removing traces of parliamentary sovereignty and indirect rule from democracy. However, the committee remained concerned with the legacy of the Black Authorities Act, 1951. The following section summarises some of the pertinent issues that the committee considered when deliberating the Black Authorities Act Repeal Bill: The Black Authorities Act gave the State President the authority to establish “with due regard to the native law and custom” tribal authorities for Afr ican tribes as the basic unit for administration. Those tribal authorities have now been transformed into traditional councils for the purposes of Section 28 of the Traditiona l Leadership and Governance Framework Act, Act No. 43 of 2003. The Traditional Leadership and Governance Framework Act, 2003 entrenches the apartheid era tribal boundaries and authorities in rural areas. Tribal authorities/Traditional Counc ils were given extensive powers over the lives of the rural people. Submissions by the representatives of rural communities illustrated how rural people, under the current system, are subjected to different kinds of levies by the tribal authorities; for example, the so-called „car levy‟ for the chief, development tax, and many other forms of levies and taxes. It emerged that the Traditional Leadership and Gover nance Framework Act, 2003 perpetuates these structures and their unaccountable powers that were created by the Black Authorities Act, 1951. In deciding on the Communa l Land Rights Act, the Constitutional Court raised concerns with regards to the reliance on the Black Authorities Act, 1951‟s tribal authorities and boundaries as a basis for post- apartheid land reform. The Traditional Leadership and Governance 31 AUGUST 2010 Page 122 of 122 Framework Act, 2003; and the Communa l Land Rights Act, 2004; adopted the Black Authorities Act model of authority and jurisdiction. Discrimination of women on access to land in their own right as well as the right to represent themselves during proceedings of the traditional courts were some of the critical issues submitted by the members of communities to the committee. 4. Recommendations The Portfolio Committee having considered the Black Authorities Act Repeal Bill [B 9 – 2010] submits the following recommendations: The National Assembly should consider initiating a legis lative review of the p ieces of legislation that entrenches the provisions of the Black Authorities Act, 1951. For example, the Traditional Leadership and Governance Framework Act, 2003. The National Assembly should also consider referring issues regarding the legacy of the Black Authorities Act, 1951 to the relevant portfolio committees such as Cooperative Governance. Those issues include imposition of levies by the Tribal Authorities and discrimination of women with regards to access to land. Report to be considered.”
"TUESDAY_ 31 AUGUST 2010"