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THURSDAY, 19 MAY 2005
____
PROCEEDINGS OF EXTENDED PUBLIC COMMITTEE – OLD ASSEMBLY
CHAMBER
____
Members of the Extended Public Committee met in the Old
Assembly Chamber at 14:45.
House Chairperson Mr N P Nhleko, as Chairperson, took the
Chair.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col
000.
APPROPRIATION BILL
Debate on Vote No 30 – Minerals and Energy:
The MINISTER OF MINERALS AND ENERGY: Chairperson, hon
members, our guests in the gallery, my colleagues from the
Department of Minerals and Energy, it is instructive that
we present our budget at a time when we are celebrating the
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50th anniversary of the Freedom Charter, the evergreen
blueprint that guided us during the struggle against
apartheid and continues to be our lodestar in our efforts
to rid our society of the vestiges of this horrendous
system.
I would like to quote ex-president Mandela, who said in
1994:
If freedom was the crown which the fighters for
liberation sought to place on the head of mother Africa,
let the upliftment, the happiness, prosperity and comfort
of her children be the jewel of the crown.
It was the same ideals that inspired our forebears in
Kliptown 50 years ago to declare that the people shall
govern and that the wealth of the country shall be shared
by all.
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In response to this clarion call, the government of South
Africa has ensured that the quest for the upliftment of
our people, their prosperity and comfort remained at the
centre of its policies and programmes since 1994. It is my
honour and privilege to present to this House the
contribution of my department towards the realisation of
the aspirations of the mothers and fathers of the Freedom
Charter.
For the 2004-05 financial year, the Department of Minerals
and Energy has received a budget of R1,945 billion. Of the
total budget, R1,9 billion, that is 82% of the budget, was
allocated as transfers and subsidies to public entities
and municipalities, leaving the Department with a net
budget
– oh, shame! - of R360 million.
Compensation of employees amounts to R194 million, which
accounts for 54%; goods and services were allocated
R156 million, which accounts for 43%; and the remaining 3%
was allocated for capital assets and R18 million for other
financial transactions.
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The department has managed to spend 98% of our budget on
compensation of employees, 85% of the budget on goods and
services, and 96% of the budget has been allocated to
public entities and municipalities.
The issue of postretirement medical-aid liability remains
a major problem for some of our public entities. On 31
March 2005, the SA Nuclear Energy Corporation, Necsa, and
the National Nuclear Regulator, NNR, for instance, had
liabilities of R206 million and R22,7 million on their
respective balance sheets. These liabilities could
technically render these institutions virtually insolvent.
This is an issue for which we need to find a solution.
Now I turn to the work we have done in the area of energy.
Our energy policy is based on the following key
objectives: attaining universal access to energy by 2014;
accessible, affordable and reliable energy especially for
the poor; diversifying primary energy sources and reducing
dependency on coal; good governance, which must also
facilitate and encourage private-sector investment in the
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energy sector; as well as environmentally responsible
energy provision.
Progress has been made with regard to the above
objectives, but we also have challenges. We have continued
to progress on the electrification programme, although we
have slowed down as we began to electrify the sparsely
populated areas. We used to carry out 800 connections a
day, and now we carry out 635. Access to electricity is
now at 71%.
We have advanced the plans for the establishment of the
National Energy Regulator of SA, NERSA, which will replace
the National Electricity Regulator and will also regulate
the gas and petroleum pipelines.
We are ready to establish an energy research institute.
The Department of Minerals and Energy and the Department
of Science and Technology are working together to recruit
a CEO and put a board in place.
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The liquid-petroleum industry, co-operating with us, has
begun to roll out LPG in poor households on a pilot basis.
South Africa will also host the world petroleum congress
in September this year, and this will be happening on our
continent for the first time.
The clean-fuels policy in the area of petroleum is also
set to begin next year, and we thank the oil companies for
their co-operation in this regard.
We are ready to hand over free basic electricity policy
implementation to the Department of Provincial and Local
Government, having identified barriers and some of the
solutions to the implementation programme. The
intervention that the DME focuses on has added 3,5 million
qualifying recipients to the programme, and much more
needs to be done so that more recipients can come on
board.
We have an energy efficiency strategy, which sets targets
that are to be achieved by 2014.
We have also started in
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earnest with the procurement programme to procure
generation capacity, and Eskom will bring to production
3 000 megawatts from mothballed power stations. The DME is
busy with the tender process for the procurement of 1 000
megawatts through independent power producers, which
should be commissioned in 2008. The first regional
electricity distributor will be established in July, as
announced by the President, and this will happen here in
Cape Town. Again, we thank them for the sterling work that
they have done.
The designated national authority will be launched at the
end of this month, and seven projects have been
identified. In that programme we will facilitate the trade
in carbon, which will ensure that we see many more
projects in South Africa that contribute towards cleaner,
renewable energy.
All the oil companies have engaged BEE partners, except
Sasol, which has yet to make progress. Sasol also needs to
tackle issues of transformation in that company. We
welcome the new CEO of that company, but we also would
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like him to take cognisance of the challenges that company
is facing in relation to transformation.
Our energy sector is faced with some challenges, as I have
indicated, and one of those is the escalating oil price.
South Africa spends 15% of its total import bill on oil
imports. The determination of the price at which we buy
crude oil is out of our hands, because South Africa is an
importing country. The price of oil has a significant
impact on the economy. The strong Rand has helped to
mitigate the impact of the oil price because this, as we
all know, has an impact throughout our economy.
PetroSA, our state oil company, has been busy on three
fronts: securing additional oil blocks in Africa, finding
additional gas supplies and developing a new gas-toliquids technology that may one day make a major
contribution in this area. This new gas-to-liquids
technology and its oil partnership in Africa gives PetroSA
a strategic geo-political importance in the field of gas.
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I move to fuel efficiency. May is energy efficiency month.
Fuel efficiency is an important part of this. The
Department of Minerals and Energy has been giving tips to
the public on what we need to do in order to save energy.
These tips have great potential to save money, and an
amount of R7,5 billion per annum could be saved if these
tips were applied by South African motorists. And I would
like to urge motorists to heed them, bangalokhu bezokhala
lapha kimi, ukuthi uphethroli uyabiza [and stop
complaining to me that the petrol price is too high].
In South Africa we have a history of overcapacity as far
as electricity is concerned, which has made power in South
Africa much cheaper and more reliable. I think most of us
in this House, as far as we can remember, are used to
living in an environment where there was this overcapacity
of electricity. Electricity has been a contributor to our
economic growth and service delivery to the poor.
During energy efficiency month, as we recognise that we
need to address the issue of efficiency, we announce the
strategy for energy efficiency. It aims to reduce the
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energy demand by 15% by 2015, and we believe that this can
be done. Already, Eskom was able to exceed their energy
efficiency targets last year.
Municipalities are also implementing their own programmes
on energy efficiency. The industry has also come to the
party. Already about 30 companies have signed an accord
with us in terms of which they will be implementing their
own energy efficiency programmes. These include mining
companies, manufacturers of appliances, energy companies
and banks. Again, I thank those companies for their
patriotism.
We have also undertaken an appliance-labelling campaign in
order to assist households to be more energy efficient. We
therefore ask you, the consumer, that when you buy
appliances in future, you first find out the energy
efficiency level of the particular appliance you are
buying. We’ve started with refrigerators, and again I
thank the appliance manufacturers for their contribution
and co-operation.
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We will also be carrying out energy efficiency audits as
government, and we are co-operating in that respect with
the Department of Public Works. Already, in the work that
we did last year retrofitting government buildings, we
have saved government R600 million in electricity bills.
I want to state this once again: There is no generation
capacity crisis in South Africa. The diminishing capacity
is underpinned by a plan to replace it, and we will be
able to do so timeously.
To secure our future, South Africa is pursuing a policy of
diversifying energy sources, and no energy source will be
discriminated against. The higher the contribution of an
energy source in our energy mix and the greater the
security of supply, the more we are likely to support and
invest in the development of that energy source. In that
regard, nuclear energy is here to stay, as is renewable
energy.
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Renewable energy is important to us because of its
contribution to the reduction of greenhouse gas emissions.
Nuclear energy is important because it is a clean energy
and also supplies us with security of supply.
We have continued to focus on improving nuclear safety and
governance of the nuclear sector. We have published the
nuclear waste management policy, and we would like to
thank the members of the public who participated actively
in the public hearings and for their comments. We hope
that in August this year Cabinet will finally approve what
we’ll submit to them.
Uranium and coal are two raw materials that South Africa
has in abundance for the potential generation of power,
which can contribute, and are contributing, to provide us
with energy security. We intend to use our uranium to
support our growing nuclear industry. South Africa is at
the forefront of developing high-temperature reactors in
the form of a pebble-bed modular reactor, and for that
reason we now declare uranium a protected mineral
resource, in accordance with Section 49 of the Mineral and
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Petroleum Resources Development Act. We will announce a
special dispensation for the licensing of uranium
exploration, prospecting and mining.
The price of uranium has more than doubled in the past two
years, especially for countries that are beneficiating
uranium. Again, this is an area in which we have an
interest - as a country that is interested in
beneficiating our minerals. We are also involved in the
intensive training of nuclear scientists, and we thank the
countries and companies that are assisting us.
This year we are passing an energy Bill, and in this
regard we will be able to promote and protect the use of
renewable energy in our energy mix. A number of projects
and initiatives are also under way at the Central Energy
Fund, including the low-smoke fuel project, hydropower and
bio-diesel. We are very grateful for the role that the CEF
is playing in this regard, and I would like to thank the
board and the staff for having approached this new task
enthusiastically. We also welcome the new CEO at the CEF,
Mr Mputhumi Damane.
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We would also like to bring greater usage of LPG to the
South African public.
Sithi kubahlali: Phantsi ngezitovu zeparafini
ezinobungozi.
AMALUNGU AHLONIPHEKILEYO: Phantsi!
UMPHATHISWA WEZEZIMBIWA NAMANDLA: Heke, maqabane.
[Kwahlekwa.]
Sifuna ukuba abantu basebenzise izitovu zerhasi, ngoba
zona zivutha ngokukhawuleza ukwenza ukupheka kube lula.
Nizibonile zigcwele apha ngaphandle. [Uwele-wele.]
Sifuna ukuba abantu bayeke ukusebenzi iiprayima ngoba
ziwagqibile amatyotyombe, zitshisa nabantwana.
Simaxhaphetshu ke ngoku sithetha neenkampani ezithintekayo
ekuthengiseni irhasi ngokwehliswa kwexabiso lerhasi.
Kananjalo sikwalijongile nexabiso lesinyithi kuba nalo
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liyalinyusa ixabiso lerhasi. (Translation of Xhosa
paragraphs follows.)
[We say to society: Down with paraffin stoves that are
dangerous!
HON MEMBERS: Down!
THE MINISTER OF MINERALS AND ENERGY: That’s it, comrades!
[Applause.]
We want our people to use gas stoves, because they get hot
quickly, so they make cooking easy. You have seen for
yourselves - there are lots of them outside.
[Interjections.]
We want people to refrain from using primus stoves because
they have destroyed shacks and they also burn children. We
are now talking with the relevant companies that sell gas
with regard to reducing the gas price. We are also looking
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at the gold price because it increases the value of the
gas.]
We want to see both the rich and the poor using LPG,
especially for cooking and heating, so as to reduce the
need for big investments in power generation. The LPG
Association members, who are here – I think they are
dominant in the gallery - have promised that they will
connect 250 000 low-income households by March 2005 and a
further 3 million by 2008. [Applause.]
Ningaqale niqhwabe, kukho ingxaki encinci. [Kwahlekwa.]
[Do not start applauding, there is a slight problem.]
[Laughter.]
They have not been able to meet the targets, owing to
problems that we are trying to identify and solve with
them. One of the problems we face is the cost of LPG
itself, as well as the cost of cylinders. As far as the
cylinders are concerned, we are having a constructive
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discussion with the steel manufacturers in order for them
to assist us in that regard.
I’d like to announce that the industry, through the LPG
Association, is donating 120 LPG cylinders with cooker
tops to members of this House.
Baza kuqala ngekomiti yam, kaloku. [Kwaqhwatywa.] [They
are going to start with my committee.] [Applause.]
They will first go to the members of my committee because
they are actively involved in promoting education around
the use of this equipment, but also to those members who
have constituencies in the areas where we do not yet have
electricity infrastructure. We are asking those members to
use these facilities to educate the members of the public
as well as to make sure that they pass the safety
standards.
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You will try them at home, uzisebenzisele nawe ekhaya, but
the important thing is for you to please run an education
programme from your constituency office. We will have
workshops here for you to be given tips on using them, and
after that you will get a slip which you redeem for a
stove, which you will then take home. Please give us a
report back, both about the feedback and the kind of
questions that the members of the public are asking.
This is very serious because paraffin is a real threat to
poor communities. Those members who work in squatter areas
and rural areas will know what we are talking about.
The electricity distribution industry has progressed, as
I’ve said, with RED 1 being close to us in Cape Town from
1 July. The EDI – that is the electricity distribution
industry - is valued at R15 billion. It is the biggest
restructuring of an industry that South Africa has ever
seen, and therefore we need to do it earnestly and
carefully. Again, I would like to thank all the members of
the team for their work in this regard.
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I’d like to turn to mining now. In the past two years we
have brought about a lot of changes to the mineral sector.
It has been very challenging, but I think the industry has
tried very hard to take everything in its stride.
On 1 May 2005, the Mineral and Petroleum Resources
Development Act became law. We have already processed 57
conversions from the old order to the new order for both
exploration and mining, of which 22 have been granted and
35 returned because applicants did not provide enough
information and detail.
Those who applied for mining conversions, in almost all
cases, had to bring us additional information which was
required in order for them to meet the obligations of the
scorecard. We look forward to them coming back with the
relevant information.
In order to be more efficient, we’ve also increased the
capacity of the department. We now have two deputy
directors-general, one responsible for mineral regulation
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and the other for mineral policy and promotion. Each will
have additional staff and a sharpened focus.
We have finalised amendments to the Diamond Bill and the
Precious Metals Bill, which are to be deliberated upon by
the portfolio committee in June 2005.
As you can see,
ladies and gentlemen, we have borrowed jewellery for some
members of the committee to display.[Applause.] These are
made in South Africa, and people can . . .[Interjections.]
. . . There will be some for the DA too. [Laughter.]
If the DA had ladies in my committee, they would have got
them too. These pieces of jewellery are made in South
Africa 100%, and the message is that we have the capacity,
capability and skills in South Africa for beneficiation,
contrary to what we’ve been made to believe. There are
companies that are very enthusiastic and are training
people. In fact, many foreign companies have indicated and
expressed interest in working in South Africa, so we need
this Bill to be fast-tracked.
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I have in the audience here a guest from Antwerp, Belgium,
who also represents us in that country. Mr Charles
Bornstein is from the diamond industry there. [Applause.]
I also have representatives from LLD, another diamond
company in Israel. All of them are interested in providing
training here, and we’re going to give them very tight
deadlines so that we can benefit from their skills and
experience. I thank them for being here.
We have agreed with the DTI on aligning the Mining Charter
with the BEE Codes of Practice, and we have done that in
consultation with the industry. So the industry need not be
too worried about this issue; no new demands will be made
on them as a result of new codes from the DTI. [Applause.]
We will sign a memorandum of understanding with the newly
formed Small Enterprise Development Agency, Seda, in a
matter of days. They will be our partner in the
implementation of the small business strategy of the DME.
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We will be launching an advisory board on 28 June 2005,
which will, among other things, advise me on the
sustainable development of the nation’s mineral resources.
Mintek continues to be closely involved in the advanced
metals initiative, with a focus on research and development
within our four specialised fields, namely light metals,
precious metals, stainless steel and new metals. Again we
thank Mintek for continuing to be a pioneer.
Sawima, the SA Women in Mining Association, has progressed.
They’ve strengthened themselves as an organisation, but
abafumani zivumelwano zomsebenzi [they don’t get any
deals], shame. Niyababona. [Do you see them.] So going
forward, taking advantage of the strengths that they have
developed, we are going to be working very hard with them
to address this glaring challenge.
Judging by what is happening, not just in South Africa but
in the SADC region and beyond, we know that many African
countries are ready for beneficiation as a way of
sustaining the future of the mining industry. The jewellery
we’re wearing today is, as I’ve said, proudly South
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African, and we wanted the House to realise that we are
serious and aggressive about ensuring that there will be
`made in South Africa’ brands that will grace not just
South Africa but also retail facilities around the world.
The amendments that we will make to the Act will ensure
that we are able to create an enabling environment for
beneficiation by widening access to both rough diamonds and
precious metals, while also addressing issues and security
concerns. To give meaning to these amendments, the
department and the DTI have already engaged with
stakeholders in the development of a gold loan scheme,
which will be launched in July 2005. Again, I would like to
thank Anglo Ashanti for the contribution they have made in
this regard.
We are already advanced in our planning for training in the
manufacturing of precious metals and the jewellery
manufacturing precincts. We’re going to have one at
Johannesburg International Airport, which will also be an
Industrial Development Zone. There will also be one at
Kimberley, Cape Town, Durban, Midrand and Phelindaba. At
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all these places, people are actively working at setting up
these jewellery precincts.
The precious-metals precinct that will be established at
the airport, in the IDZ, will have a Vat-free customsmanagement area and will allow for duty-free imports and
exports of finished goods, with great advantage to the
industry. So anybody who needs a good address in the
jewellery industry should try to be there.
In South Africa, our rough diamonds are exported, to the
detriment of local manufacturers, cutters and polishers. We
will now make sure that we determine the demand as it
obtains in South Africa. In the new Act, we will make sure
that the volume that is required in South Africa is, to the
extent that we can, being provided so that we can create
the jobs that we need in South Africa.
It is proposed in the Diamond Bill that . . .
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HOUSE CHAIRPERSON (Mr N P NHLEKO): Order! Order, hon
Minister. Hon Minister, just be aware that you have
exhausted your speaking time and as a result we will take
minutes from the time allocated for your response.
The MINISTER OF MINERALS AND ENERGY: Okay, and thank you
very much, Chairperson. I would just like to highlight the
challenges that we face in terms of jobs in the mining
sector.
With regard to this challenge, we need co-operation between
the two partners, industry and labour. South Africa’s
mining industry is showing an increase in foreign revenue
earnings and is creating new jobs in platinum, but we are
losing jobs in gold. We therefore need to apply and develop
means to ensure that we can manage the decline in jobs in
this regard.
It is our view that the exchange rate is not the sole cause
of the demise of the gold mining industry, but that there
are a number of factors that the industry needs to address.
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As part of the programme of addressing these needs, we will
be collaborating with industry and labour, and appoint a
common technical partner.
We will also be making sure that the social plan, which is
the only cushion that the workers have when they face this
challenge of retrenchment, is implemented sooner rather
than later. Thus companies that do not make plans for the
social and labour needs of workers will be forced to do so
before they start implementing retrenchment plans. To
facilitate that, we will amend the Mineral and Petroleum
Resources Development Act to ensure that we do not wait
until companies come for conversion before we can achieve
that.
My department is also being inundated with requests from
provident funds for long-service awards, UIF and death
benefits due to ex-miners and widows whose husbands died in
the mining industry. I have instructed Teba to conduct an
investigation into the funds that should have been paid to
these people but are instead accumulating interest in the
coffers of the institutions which are supposed to pay these
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benefits to the poor people, because if we continue to
neglect that duty, we are definitely committing a crime.
As far as mine health and safety are concerned, we have
again seen a number of new policies as well as challenges.
Regulations of the Mine Health and Safety Act were
promulgated during the reporting period in the following
areas: survey, mapping, mine plans and the protection of
the surface and workings. The chief inspector of mines
issued guidelines for mandatory codes of practice for
dealing with slope-stability related to accidents on
surface mines and underground rail transport.
The Mine Health and Safety Council’s standing committee on
research has a programme aimed at improving occupational
health and safety performance. The programme currently
addresses the following issues: cultural change, rockfalls,
rockbursts and explosions, among others.
We are busy implementing the 2004 Aids summit commitments,
which have now been translated into programmes. The
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implementation starts in the middle of this year, and as a
department, working together with labour and industry, we
will be assisting in implementing this programme.
In the department we have therefore also looked at issues
of human resource, which fall under our mine health and
safety branch. We have devised a scheme that will promote
learnerships, internships and programmes, especially in the
area of scarce skills, as well as a retention and a
training programme for our employees and for members of the
public in general. Our HRD master plan is a consultative
one, and we are working with the Setas in our area.
In his address to Parliament in June 1999, President Thabo
Mbeki referred to us as “a nation at work to build a better
life”. Indeed that is what my department is, and so are the
associated bodies that we work with.
I’d like to thank them for their dedication. This includes
the staff in the Ministry, my Deputy Minister and directorgeneral. I thank my colleagues in the industry and labour,
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especially the mineworkers who, through NUM, have played an
active role in supporting our department.
I’d also like to thank the members of Parliament, the
portfolio committee in particular, for the work that we
have done with them. The Freedom Charter remains our
guiding document, and we remain convinced that this country
can . . . [Interjections.] . . . The Constitution too.
The Constitution is based on the Freedom Charter . . .
[Applause.] . . . The Freedom Charter remains our guiding
document and we remain convinced that this country can and
should be a land of opportunity for all, not some, because
South Africa belongs to all who live in it.
Our freedom should be about the restoration of dignity of
everybody - mineworkers and farmworkers - and the
sacrifices that those people have made. It is this
situation that the Freedom Charter sought to address. And
accordingly, in the Acts that we have passed in our
charters, as a department we have tried to address these
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challenges, as they are enshrined in this document that we
continue to follow. Thank you. [Applause.]
Adv H C SCHMIDT: Mr Chairperson, the Cradle of Humankind,
and in particular the Sterkfontein Caves, are under threat
because extraneous water, containing acid, is finding its
way into the mining basin of defunct mines in the
Randfontein area. Water has been filling the mine since
they stopped pumping in the late 1990s and started to
decant at an old mineshaft since September 2003.
Although a particular mining house has embarked on a
recycling process in which the water is reused, stored and
evaporated in holding dams and ponds, it is important that
the department ensures that such water poses no threat to
the Sterkfontein Caves. The Minister should explain to the
South African public and major international investors that
due diligence was exercised in implementing the Minerals
and Petroleum Resources Development Act, the MPRDA, on 1
May 2004.
This follows the Minister’s latest reply to a parliamentary
question that discussions with the Italian embassy were
continuing, following the receipt by the department of an
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aide-mémoire relating to complaints in respect of the
expropriation by the South African government of mineral
rights held by Italian companies.
Various high-level discussions between the Minister and her
department and legal experts in the mining field took
place, warning the government of the possible negative
consequences relating to the effective expropriation and
material limitation of the unfettered ownership of mineral
rights held by domestic and international investors, as
well as the public.
Despite adequate warning of the detrimental consequences of
the MPRDA, and the receipt of more than 3 000 notices to
institute legal proceedings, the department has continued
to proceed with the implementation of the Act. What is more
concerning, however, is the fact that the 3 000 notices
received relates only to claims to be instituted in terms
of South African law, whilst international companies may
elect to sue the government, in terms of legal procedures
determined by international law.
The South African government may have breached many more
bilateral investment treaties with foreign governments
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which were concluded, inter alia, to protect their
companies, which have invested in South Africa, from the
consequences such as those caused by the MPRDA. In the
light of an expected number of claims to be served on
government by foreign companies, which could amount to
billions of rands, the Minister and the department should
indicate to the public the steps taken to minimise
government’s liability.
It is understood that up to 32 bilateral treaties have been
signed since 1994, of which government may be in breach of
possibly up to 23. This means that steps may be taken by
these international companies or their governments.
The Minister’s approach to the recent allegation relating
to the Pelindaba calibration site near the Pelindaba power
station, namely that it was unguarded and easily accessible
to the public, is inappropriate.
This is so, especially in the light of the National Nuclear
Regulator’s and Necsa’s confirmation of Earthlife Africa’s
concern that the radiation levels are potentially harmful.
President Mbeki’s response to these allegations, which he
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described as totally impermissible and reckless, appears to
be off the mark.
Threats by the Minister of tabling legislation that will
make the spread of allegations leading to unnecessary panic
or incitement a punishable offence are just as unfortunate.
The public simply does not know whom to trust and what to
believe. The Minister’s response should have been one that
allayed or addressed public concerns on this matter – alas,
something she has not done.
The contribution of the mining sector to South Africa’s
gross domestic product fell from 13% in 1980 to 7% in 2004.
The loss of jobs since the 1980s, when the industry
employed 650 000 workers, is huge. It currently employs
only 450 000 workers. Considering the indirect multiplier
effect of the mining industry throughout the rest of the
economy - that contribution is alleged to be between 14%
and 15% of GDP.
It is clear that the mining industry does not expect
government to intervene on its behalf. However, action
should be taken on the macroeconomic front to tackle issues
EPD 19 May 2005
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in South Africa that are detrimental to the industry and
affect its efforts to cope with the strong rand.
We have seen the closure of various marginal mines by
different mining houses, causing the loss of thousands of
jobs, because these mines were not economic at the current
rand-dollar exchange rate. However, certain other
companies, despite their mines not being profitable, have
done their utmost to keep these mines going for purposes of
minimising unemployment.
The diamond-mining industry is a prime example of
nonprofitable mines being kept in production by pursuing
more conservative mining practices. Although a mining
strategy for the mining industry needs to be adopted as
soon as possible, such a strategy should not penalise the
mining industry; in fact, it should rather attempt to
reduce some of the punitive measures within which the
mining industry has to operate.
The cost of water and transport, as set by parastatals, has
recently been rising at double the inflation rate, with
certain mining houses complaining to the Competition
EPD 19 May 2005
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Commission that the price of local steel, for instance,
sourced internally is higher than the international price.
In addition, legislation that makes it difficult and
expensive to retrench workers and sectoral wage agreements
are the most commonly criticised aspects of the labour
market.
The proposed royalty tax and the uncertainty relating to
that, the lack of the protection and security of mineral
rights during the process of transforming the ownership of
the industry and some of the requirements in the mining
industry charter serve as major impediments. Raising
royalty on revenue rather than profit will undoubtedly
penalise mining houses. Government’s consideration of an
export duty on commodities that it wants beneficiated,
although good in principle, should be approached with
caution.
The Black Economic Empowerment requirements in South
Africa’s new mining legislation in order to convert oldorder mining and prospecting rights into new-order rights
have, unfortunately, created many areas of uncertainty. In
addition, the possible review of the preferential tax
EPD 19 May 2005
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regime under which mines operate also serves as a further
threat to the viability of South African mines. Government
could assist in running operations in various ways. One
such measure of possible significance could be the pumping
of a water subsidy.
During 2004 South Africa’s annual gold production slipped
to its lowest level since 1931. The latest statistics on
gold production and sales show that in January this year,
gold sales were down 20% year on year. This fall in
production was apparently caused by the water prices, which
rose by 10% per year over the past few years; steel prices,
which increased by double digits over the past few years,
and Spoornet’s tariffs, which rose by 35% in 2003 and 16,5%
in 2004.
According to the Canadian Fraser Institute’s Annual Survey
of Mining Companies on the mineral law regimes in various
jurisdictions, we now have the unfortunate and poor
distinction of rating 53rd out of 64 countries surveyed for
their policy potential. This is below countries such as some of them I have never hear of, Minister! - Mongolia,
Zambia, Ecuador and Burkina Faso. Our score has
deteriorated over the period 2002-05 from 47% to 32%, while
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in the case of other African countries, such as Ghana,
scores have increased from 45% to 60% - almost double that
of South Africa’s.
It is therefore clear that the mineral law regime in South
Africa is harsh and self-defeating. In addition,
approximately 30% of respondents to the Fraser Institute’s
Annual Survey of Mining Companies indicated that a lack of
security of tenure would be a strong deterrent to
investment within South Africa. That is the international
perception.
A question asked in Parliament regarding the independent
risk assessment report, which had been completed by the
National Treasury, raised concerns relating to claims for
compensation in respect of the projected amount of
compensation to be claimed by international and South
African mining houses. The Minister of Finance responded by
stating that although the National Treasury had undertaken
and completed an assessment of the potential risk to
government that may result from the implementation of the
MPRDA, such documents had not yet been submitted to the
Minister of Minerals and Energy - I hope this has been done
by now - and would not be made available to the public
EPD 19 May 2005
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because they contained proprietary information and
confidential advice.
This is a very strange reply if there is any regard for the
public nature of the subject of the report, namely mineral
reserves and the legislation relating thereto. One can only
deduce that the report contains a strong negative
conclusion, which would negate the contents and objective
of the MPRDA and its implementation on 1 May 2004, in the
light of serious reservations about its implementation.
The processing of applications in terms of the MPRDA has
been disastrous. There have been issues relating to the
department’s nonadherence to time limits in assessing
applications. The following recommendations have been made
after widespread consultation in an attempt to resolve some
of these issues: One, the introduction of a seven-day
rectification period in which minor errors identified in an
application may be corrected; two, transparency in the
tracking process with regard to applications submitted to
the DME; three, the introduction of a map of applications
for particular geographical areas - as was done in various
other neighbouring countries; four, strict adherence to the
principle of first-come, first-served in the processing of
EPD 19 May 2005
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applications; five, clarification of whether title deeds
have to be submitted after 1 May 2005; six, serious
revision of the requirements for a recognisance unit
permit; seven, clarity regarding the minimum 26%
requirement should be given by the DME policy; eight, time
limits for the issuing of permits should be adhered to.
It is important to note that possible consequences of some
of these failures by the department have led to the
withdrawal of major companies, such as Aim Resources.
Because of its frustration with the regulatory regime in
South Africa, Aim Resources relinquished an option to
acquire the Mooiplaats Platinum Project for $3 million
after being wearied by approval delays.
Other companies, such as Argosys, have also refused to
proceed with an application as a result of the unfavourable
regulatory regime in South Africa. Decisions by companies
such as these to withdraw from investment decisions in
South Africa only serve to damage the mining industry, the
economy as a whole, and South Africa’s reputation as a
country seeking investment.
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Regarding the Braamhoek Pumped Storage Scheme in the Free
State, which is being undertaken by Eskom, and following a
document received from the community in the Harrismith area
and the environmental impact and socioeconomic
considerations of access roads, Eskom is requested to
consider “the bigger picture”. A scenario should be
developed which fully acknowledges various broader aspects,
not just the costs, benefits and convenience to Eskom.
Ten opsigte van die klein diamantdelwers van die Noord-Kaap
en Noord-Wes-provinsie is dit duidelik dat daar delwers is
wat al langer as agt maande sonder inkomste ’n bestaan moet
maak, en wat dus ’n oorlewingskrisis beleef en nie hul
verpligtinge kan nakom nie. Hulle besef die noodsaak van
onderhandeling, maar dit is onmoontlik om te wag tot daar
uitsluitsel verkry word te midde van ’n lang, uitgerekte
onderhandelingsproses. Dit is duidelik dat die
omstandighede noodoptrede vereis ten einde die probleem op
die kort termyn die hoof te bied.
As gevolg van hierdie ondeurdagte wetgewing het
entrepreneurs en werkgewers in der waarheid ook honderde –
ek herhaal, honderde! - werkgeleenthede verloor. Talle
blanke en nie-blanke werknemers en almal se gesinne se
EPD 19 May 2005
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toekoms is dus op die spel. Ter wille van hul almal se
voortbestaan is dit kritiek noodsaaklik dat daar op die
kort termyn ’n spoedige oplossing vir die probleem verkry
word. (Translation of Afrikaans paragraphs follows.)
[With regard to the small diamond diggers in the Northern
Cape and North West Province, it is clear that there are
diggers who, for more than eight months, have had to make a
living without getting paid. They are experiencing a
survival crisis and cannot meet their obligations. They
realise the necessity for negotiations, but it is
impossible to wait for a decisive answer in the midst of a
long, drawn-out negotiation process. It is clear that these
circumstances require urgent action in order to confront
this problem in the short term.
Because of this ill-considered legislation entrepreneurs
and employers have lost hundreds – I repeat, hundreds - of
employment opportunities. The futures of numerous white and
non-white employees and their families are therefore at
stake. For their survival it is of critical importance that
a speedy solution be found for this problem in the short
term.]
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It is clear that nuclear energy remains an important
alternative source of energy because no greenhouse gases
are emitted by nuclear energy sources and alternatives to
nuclear energy are very expensive. Eskom, which currently
supplies 95% of the electricity requirement, has predicted
that South Africa will run out of peak capacity by 2007.
From 1 January 2006, the production of leaded petrol will
be halted. Three octane levels of unleaded petrol will be
allowed: 91, 93 and 95. Diesel will also change from
January 2006 to a lower sulphur level. These are both very
good developments, Madam Minister. However, the current
price of petrol and diesel is of great concern. This is
caused, inter alia, by the high levels of taxation and
levies imposed on the price of fuel. These taxes and levies
include normal taxation, road-accident-fund levies and a
replacement levy for the regional council levies, which are
going to be phased out. [Interjections.]
This policy decision by government to abuse taxpayers’
dependence on petroleum, by using it as a vehicle for
government revenue, should urgently be re-examined. The
South African public has a right to be charged an
affordable and market-related price.
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The government’s departure from its decision to privatise
Eskom and to embark upon a process of establishing
independent power producers indicates a lack of confidence
in the open-market model. Is this because it is expected
that South Africa’s peak supply of electricity will run
out, causing a greater emphasis on security of supply? In
this regard, forecast and national planning by government
is suspect, whilst Eskom hesitates to provide long-term
supply agreements to clients, which may hamper economic
growth.
It appears that Eskom is not prepared to enter into longterm agreements for a period in excess of seven years. This
makes it impossible to do any forward planning in terms of
the 30-year time requirements of mining companies and
energy companies.
There is no clarity on long-term pricing nor on
transparent, cost-reflective tariffs.
HOUSE CHAIRPERSON (Mr N P Nhleko): Hon member, your time
has expired.
EPD 19 May 2005
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Adv H C SCHMIDT: I thank you. Can I just say to the
department and the liquefied gas firm that I will make use
of these vouchers. Thank you. [Applause.]
Mr E N MTHETHWA: Chairperson, we can easily predict the DA
- we knew that this was what they were going to say. The
problem is that we have whiners; people who just whine.
[Interjections.] The issue about the Mineral and Petroleum
Resources Development Act, the MPRDA, is that it’s an Act,
and it’s not our problem that the DA is not at the helm of
this government to make the kind of laws Schmidt was
referring to. That’s not our problem. [Interjections.] We
can’t help them.
[Interjections.]
We didn’t even set 30% in the last election, in which
election they got merely 12%. That’s not our problem. Let’s
not be accused of things we really have nothing to do with.
Sihlalo, Ngqongqoshe wezokuMbiwa Phansi naMandla neSekela
likaNgqongqoshe, malungu ahloniphekile eSishayamthetho,
baphathi boMnyango beholwa uMqondisi-Jikelele, maqabane
nesizwe sonke, singuKhongolose siyaseseka isabiwomali salo
nyaka. Kulo nyaka sihlanganisa ama-50 eminyaka kwagcotshwa
uMqulu weNkululeko nongumkhombandlela wenkululeko yaleli
EPD 19 May 2005
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zwe. Iphuzu elikhuluma ngomnotho lithi umnotho waleli zwe,
ikakhulukazi ombiwa ngaphansi komhlaba noyifa lesizwe
sakithi uyobuyiselwa ezandleni zabengabadi.
Enkulumweni-mgomo yonyaka, umbutho wesizwe ugcizelele
ukubaluleka kokusheshiswa kwezinhlelo zentuthuko
kwezomnotho, ikakhulukazi kulabo abangumnsinsi wokuzimilela
nabebedla imbuya ngothi yonke le minyaka. Ngaphezu
kwalokho, umbutho uthi masenze izinguquko esakhiweni
somnotho wezwe ukuze kuhlomule bonke abantu njengoba
namanje umnotho usesezandleni zedlanzana lamadoda amhlophe.
(Translation of Zulu paragraph follows.)
[Chairperson, hon Minister of Minerals and Energy and hon
Deputy Minister, hon members of Parliament, officials of
the department led by the Director-General, comrades and
the nation at large, we as the ANC support this Budget
Vote. This year we celebrate the 50th anniversary of the
Freedom Charter, which is a guiding tool for the freedom of
this country. Regarding the economy of this country, and
especially the underground one, the Charter states that it
shall be given to the people. In its policy-making speech
of the year, the African National Congress emphasised the
importance of expediting economic development programmes,
especially for the indigenous people who have been
EPD 19 May 2005
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extremely poor for all these years. On top of that, the
congress says let us make changes in the country’s economic
outlook so that all people can share in the country’s
economy, as it is now in the hands of a select few white
men.]
One of the objectives of the Department of Minerals and
Energy, the DME, this year is to align structures,
appropriate skills, processes and systems to enable
effective and efficient implementation and execution of
policy and legislation. This objective is in line with the
ANC and the government’s emphasis on the acceleration of
policy implementation in order to fight poverty and create
jobs.
The transformation of the economy in our country has the
achievement of black economic empowerment as one of its
major objectives. The aim is to build a sound base in terms
of the ownership of the means of production and to
deracialise the economy to the benefit of all the people,
as the Freedom Charter states.
The broadening of BEE is a major challenge as we enter the
second decade of our freedom. Those amongst us who cry
EPD 19 May 2005
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“elites” when it comes to BEE must understand that the
programme had to start somewhere – clearly, with a few in
our society, though it is not supposed to end there.
By the same token, those who are making headway in this
programme must be reminded that they are not doing so
through their own wisdom, but because they are reaping the
fruits of our hard-earned liberation. Therefore, they are
duty-bound to pull up those who are still struggling on
this front. It would be folly of them to want to have their
hands everywhere for narrow self-interests to the
marginalisation of the emerging entrepreneurs.
Isikhathi sodlayedwa – ngingasasho inja kaPhuzekhemisi –
siphelile. [Uhleko.] UKhongolose neSishayamthetho abasoze
bahambisana nomhobholo ngoba uyaphikisana nokuqukethwe
kuMqulu weNkululeko. Umnyango wezokuMbiwa Phansi naMandla
usufake elikhulu igxalaba kule minyaka eyedlule
ekushintsheni izimboni ezisebenzisana nawo ukuthi
zihambisane noguquko nasekuvuleni amathuba, ikakhulukazi
kwabesimame. Nokho, indlela iseyinde kulokhu. Bheka
ezivumelwaneni eziningi ezenziwa nosozimboni, abesimame
basacatshangwa muva. (Translation of Zulu paragraph
follows.)
EPD 19 May 2005
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[The time for lone eaters - no reference to Phuzekhemisi’s
dog’s name - is up. [Laughter.] The ANC and this Parliament
will never support private enterprise because it
contradicts the contents of the Freedom Charter. The
Department of Minerals and Energy has played a pivotal role
in the past years in changing the mindset of the companies
that they are working with so that they could allow change
to take place and open up opportunities, especially for
women. There is still a long way to go in this regard,
though. Just look, for instance, at the many agreements
concluded with companies; women are often thought of very
late.]
We would like to join the President of the Republic in
expressing hope for the future of the mining industry. This
follows Anglo American Chief Executive Officer Mr Lazarus
Zim’s expressed commitment of his company to embrace our
economic transformation project and its progressive
perspective. The ANC applauds this commitment, hopes it
will be fulfilled and looks forward to a fruitful working
relationship with the CEO and his company.
EPD 19 May 2005
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The past 10 years has seen the creation of black-owned
mining companies and some mining assets being accessed by
black economic empowerment-backed ventures. The petroleum
sector has also witnessed five out of six major companies
reaching agreements with equity partners. The sixth company
is on track to conclude its deal.
Clearly, our legislation has increased the access of BEE in
the resources sector. Breakthroughs are being recorded on
an ongoing basis on skills development through the MQA, the
Mining Qualifications Authority, which is one of the
successful Setas we have in this country.
In this regard we would like to pay our respects to the
late Dr M Mthwecu, the former CEO of the MQA, who has been
a pillar behind this Seta’s outstanding performance. He
passed away two weeks ago after being involved in a car
accident. May his soul rest in peace.
The progressive and unique nature of the Minerals and
Petroleum Resources Development Act of 2002 cannot be
ignored. This is a contemporary and living testimony,
underpinned by the perspectives enshrined in the Freedom
Charter, regarding the people’s ownership of wealth and
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land through their government. It emphasises equitable
access to mineral resources, sustainable development
through rehabilitation, and substantial and meaningful
empowerment of historically disadvantaged persons, amongst
others. Having enlisted successes, however, challenges
remain in the implementation of all the pillars of economic
transformation.
Multinationals, which have been assisted by government for
years, such as Sasol, must lead by example. The company
correctly boasts of being a giant in technology on the
continent and in the world, to a certain degree. We,
however, need to remind each other that that advancement
belongs to the people of South Africa. The company’s top
management is still predominantly white, with a succession
plan that has no regard for the transformation process.
By way of example, its former CEO, Mr P Cox, has been given
a chairman’s position; Mr Davies has become the new CEO;
whilst Mr T Munday has become the Deputy CEO, a position
which never existed before. This kind of succession plan is
out of step with the new dispensation. This is totally
unacceptable. Whilst wishing the new CEO well in his
EPD 19 May 2005
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responsibility, we hope that he will appreciate the gravity
of the matters at hand and act accordingly.
The economic transformation agenda in our country is nonnegotiable and needs strict adherence. Our success on this
score will be determined by the strides we make as the
economic cluster in the creation of a million jobs within
five years. Whilst this would be as a result of privatepublic partnerships, government’s role to continue pointing
the way is of paramount importance.
The major aim is to strengthen the second economy for it to
be in a position to be integrated into the first economy.
In that way, we would have contributed to ridding our
country of the apartheid economy.
This task, therefore, does not limit itself to the goal of
the transference of assets from individuals or groups
without fundamentally altering economic power relations,
nor does it embrace as a goal jumping between deals in
order to make quick cash with no bearing on the contract
with the people to fight poverty and joblessness. This task
is to accumulate wealth in a sustainable manner, inter
EPD 19 May 2005
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alia, to create a base of black entrepreneurs and not
individuals content with transactionary deeds alone.
We recognise that for these entrepreneurs to make an
indelible mark on the economic structure, relevant skills
are needed. Conscious efforts would have to be made to
build and consolidate this knowledge base. Failure to do
this would see us having in our midst only deal makers with
no clue of the know-how of this challenging field. This
gives rise to narrow-based empowerment with no regard for
the fundamentals of the Freedom Charter.
The forecasted challenge of the future shortage of
electricity demands of us to sharpen our foresight and
ensure the continuous availability of this resource. It is
against this backdrop that we applaud the Minister of
Finance for allocating funds to infrastructural development
to build and upgrade power plants, including hydroelectric
plants.
Since transmission and redistribution networks are
involved, we feel it will be in order to ask for more
investment in the next Budget Votes if we are to achieve
EPD 19 May 2005
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programmes such as universal electricity coverage for the
country by 2012.
In the past year, Parliament has followed up on the
electricity distribution industry, particularly in terms of
its ability to meet the President’s deadline to launch the
first regional electricity distributor by June 2005. All
indications have confirmed that by 1 July 2005 it will be
launched. This will help us to achieve a streamlined and
better regulated electricity distribution environment, thus
fulfilling the objectives of the White Paper on Energy of
1998 and a blueprint on restructuring of 2001 approved by
the Cabinet. [Interjections.]
On a related matter, the nuclear energy industry, it is
imperative to observe the United Nations’ focus on the
rapid growth of this industry worldwide. The DirectorGeneral of the International Atomic Energy Agency, Mohamed
ElBaradei, notes that, based on the most conservative
assumption, the latest report on the subject forecasts
around 430 gigawatts of nuclear capacity by 2020, up from
367 gigawatts today. This translates into over 500 nuclear
power plants by then. This is driven by national plants and
factors such as the Kyoto Protocol, which recently came
EPD 19 May 2005
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into force and committed countries to meeting cleaner air
targets. He goes on to note Asia and other developing
nations as the fastest growing in nuclear electricity
capacity.
The problem in our country is the historical abuse of this
resource by the former apartheid regime in experimenting
with it for death and destruction. However, the democratic
state took a decision to utilise this for social progress.
Granted, there are serious issues of health and safety
associated with nuclear energy, which, by the way, are a
global challenge.
But, as economists would argue, that is a matter of
opportunity cost, whichever position you take on this. We
have decided to utilise this resource in fulfilling the
national obligations we have for electrifying our country.
Since these are challenges facing all humankind the world
over, responsible global citizens are sorely needed. We
felt that it was opportunistic of one NGO – I’ve just
forgotten the name – to raise some concerns they had in
this field with the portfolio committee, but to decide to
play to the gallery on others. We respect their viewpoint
EPD 19 May 2005
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on this matter, even though we don’t share their
perspectives on some of their assertions. This group should
act in the best interests of South Africa and not as
European agents, despite being funded from Europe.
Health and safety in the workplace, especially in the
mining sector and the liquid fuel industry, have concerned
us in the recent past. The committee has initiated a
gathering on this matter in terms of which key stakeholders
will be invited in the light of new experiences and
developments. We feel strongly that some of the fatalities
could have been avoided. This meeting will take place
within the next two months.
There is no turning back in the beneficiation programme,
and it is critical for job creation and the further
extension of the lifespan of the mines, amongst other
things. [Interjections.] This is important if we take into
account the recent threats of job losses in this sector.
The construction and upgrading of the diamond cutting and
polishing industry, for instance, is a necessity needing no
emphasis. Over and above beneficiation, the curbing of job
losses faces the whole nation squarely.
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The tripartite relations at Nedlac have raised specific
suggestions, which, if implemented, will bring success.
Seizing this strategic moment to act on commitments of
government, business and labour may help to halt the
mothballing of these mines, thus extending a lifeline to
the working people. Allowing any mothballing now may see us
unable to make any interventions in the operations of mines
in the future. Thank you very much. [Time expired.]
[Applause.]
Mr E J LUCAS: Chairperson, Minister, Deputy Minister,
colleagues, it’s a pleasure to be associated with the
Department of Minerals and Energy, because the department
is well on its way to ensuring that legislation is
developed in establishing a democratic, nonsexist and
nonracial South Africa. We are also pleased to note that
transformation has taken place in the department and
congratulate those who have demonstrated competence.
It is a South African reality that if you are black, people
tend to focus mostly on your shortcomings and as
transformation becomes more and more of a reality in the
department, black South Africans are compelled to work even
harder. It is also worth noting that those who have
EPD 19 May 2005
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defaulted within the department have been dealt with by the
Minister without fear or favour.
However, there remains a difficult and long road ahead.
Broad-based black economic empowerment has a major hurdle
to overcome in order for it to be fully inclusive. This
hurdle is the initial funding of projects. Finance houses
are not prepared to take the risk. It is therefore
important that interventions be found to overcome this
immediate problem. If not, all the hard work done by the
Minister and her department to this point will not achieve
its noble purpose.
BEE is often referred to as the enrichment of a few. I am,
however, aware that this is not the intention of the
Minister. She has contributed greatly to transformation
within her area of competence. Making BEE deals more
inclusive becomes vital in order to shift the focus away
from the enrichment of a few to the empowerment of many. We
are pleased to see that the overall allocation to the
department, as well as each of its six programmes, has
increased in the 2005-06 Budget. Overall expenditure has
increased from R1,9 billion last year to R2,1 billion in
the current Budget.
EPD 19 May 2005
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Over the past three years there has been an annual average
increase of 14,1%. We are particularly pleased that the
allocation for Programme 2 - Promotion of Mine Health and
Safety has received an increase. This programme aims to
protect the health and safety of mine employees and people
affected by the activities of mines. The recent spate of
mine accidents is a cause of great concern and needs to be
addressed urgently. We have, however, been assured by the
Minister that there will be a health and safety summit this
year, at which the problems will be addressed.
The safety of miners is of the utmost importance and must
not be taken for granted or compromised. The aim of
Programme 3 - Mineral Development is to promote, transform
and regulate the mineral resources industry to achieve
equitable and sustainable development. Expenditure on this
programme has increased at an annual average rate of 27,5%
over the past three years. This is very encouraging and
important if the department is to achieve the stated aims
of this programme.
It is important that we continue to encourage
beneficiation, bearing in mind that the mining houses do
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beneficiate in the primary stage of our raw materials. The
IFP believes, however, that more jobs can be created if
more focus is paid to beneficiation of the final product as
well. This, in our view, remains a major challenge.
The Richards Bay coal terminal appears to have a few
problems. I have been informed that the construction of an
additional facility is underway. But the rail facility,
which is operating at capacity at the moment, will be
unable to carry more coal, thereby restricting the job
creation that was intended by the construction of the
additional facility.
The IFP expresses its concern about the price of fuel. We
do appreciate the fact that external forces beyond the
control of the Minister and her department affect the fuel
price. The strengthening of the rand has been marvellous in
this regard to balance the fuel price. However, it has had
a negative effect on the mining industry, resulting in many
job losses.
The dilemma remains: What should the rand-dollar exchange
rate be? While the person in the street is happy with the
strong rand, industry prefers a weaker rand. Some
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provincial governments are thinking of an additional fuel
levy, which will hurt the motorists and public even
further. The IFP once again places on record its concern
about the misuse of the Road Accident Fund, especially as
it has a direct impact on the price of fuel.
The Mining Qualification Board has a wonderful six-month
training course that serves as an introduction to the
mining industry. I hope that all members of the portfolio
committee will have an opportunity to attend. The Mining
Qualification Board has also embarked on a jewellery and a
small-scale mining training course for 1 500 learners, and
an ex-mineworkers training project for 2 266 trainees in 10
district municipalities at a total cost of R37 million.
I would also like to convey my sympathies to the family and
friends of the CEO of the MQA. It was a sad occasion, one
we all regret. Car accidents seem to be taking such young
people who wanted to do so much in this country.
The free basic electricity programme has unfortunately not
reached the poorest of the poor, mostly in the rural areas.
The cost remains high and whilst there is a remarkable
improvement in the supply of electricity, the challenge
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remains, especially in rural areas. There is a need to
assure people that the use of nuclear energy is safe. The
report by Earthlife Africa in Phelindaba was alarming and
many people are still concerned.
The IFP therefore proposes that Earthlife Africa and the
department jointly carry out tests, thereby removing any
doubt about the accuracy of test results. It is important
that the people of the area are reassured and feel safe.
With these remarks the IFP supports the Budget Vote. The
major challenge, however, still remains job creation. I
thank you. [Applause.]
The DEPUTY MINISTER OF MINERALS AND ENERGY: Chairperson,
hon members, ladies and gentlemen, the freedom we attained
on 27 April 1994 will mean nothing as long as it does not
translate into a better life for the majority of South
Africans.
It was in recognition of this reality that the founders of
that perennial document, the Freedom Charter, 50 years ago
envisaged not only a South Africa that belongs to all who
live in it but also a society where all shall share in the
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mineral wealth beneath the soil. This was indeed a
reaffirmation of the universally accepted notion that
natural resources are the heritage of all the people of
South Africa.
The advent of democracy in our beloved country in 1994 and
the concomitant legal banishment of apartheid from our
society laid a firm foundation for the ideals of the
Freedom Charter to thrive and flourish.
Since the programme of government policy has been directed
towards the actualisation of the Freedom Charter and our
Constitution, my department, as a custodian of government
policy for the regulation of the mineral and energy
resources, has been engaged in activities aimed at
translating the dream of freedom into reality through the
utilisation of these resources. I’m honoured to join my
Minister in reporting back to the people of South Africa on
our progress in this regard.
Looking at the electrification programme, a lot of progress
has been made towards universal access to electricity. The
Integrated National Electrification Programme has delivered
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232 287 household connections at R582 million, 2 233
schools at R100 million and 50 clinics at R118 million.
The programme is focusing on the creation of bulk
infrastructure, especially in areas where it has become
impossible to connect new households to the network without
reinforcement. The erection of bulk infrastructure has
enabled local development in the nodal zones, such as the O
R Tambo District and Maluti-a-Phofung in the Free State.
I am happy to announce that backlogs have been completely
eliminated in the Kgalakgadi node in Northern Cape and in
Western Cape schools. New jobs and SMME opportunities in
KwaZulu-Natal, Eastern Cape and Limpopo have been created
as a result of the non-grid electrification programme for
schools.
The maintenance of the schools will result in permanent
jobs, which are defined in terms of non-grid learnerships
that have been started. I am glad to note that the Minister
and Deputy Minister of Education are here today. About
1 100 schools have been serviced under the non-grid
electrification programme, which aims to fast-track school
universal access to electricity. This represents more than
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50% of the total number of schools electrified in the past
five years and this has been achieved in one year. School
electrification . . . [Applause.]
Andikagqibi. [I am not done yet.] [Laughter.] School
electrification is done in parallel with the installation
of e-learning facilities, that is, satellite dishes and the
development of educational content, as well as computer
installation, to ensure that our children become computer
literate now, rather than later, like the children in
Europe and other developed countries. [Applause.]
Three co-operatives with full-time employees have been
started in the Eastern Cape to maintain the 800 solar home
systems installed under the previous electrification
programme. A total of 40 000 households in the Eastern
Cape, Limpopo, KwaZulu-Natal - you will remember that these
are the provinces where we have the biggest backlog of
electrification - are electrified using the same technology
to provide lighting, using the facility for electronic
communication.
I now come to the liquid fuels industry. This industry
will, for the first time, be licensed this year. The
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objective of the licensing framework, as detailed in the
Petroleum Products Amendment Act, 2003, includes promotion
of an efficient manufacturing, wholesalers and retailing
petroleum industry; facilitation of an environment
conducive to efficient and commercially justifiable
investment; promotion of advancement of historically
disadvantaged South Africans; creation of employment
opportunities; and the development of small businesses in
the petroleum industry.
We also have an agreement with Mozambique on gas trade. The
private sector and the Mozambique government have expressed
an interest in building a petroleum pipeline from Maputo to
Witbank. The Gas Trade Commission will facilitate this
initiative until a petroleum products trade commission has
been put in place.
A feasibility study by Eskom, Shell and EGAS on the
possibility of a gas-powered power station at Coega is
underway. Gas for the project, if it goes ahead, will be
supplied by Shell in the form of Liquefied Natural Gas,
LNG, thus creating significant employment opportunities
during the construction of a regasification terminal. An
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engineering study is in progress, and the agreement between
participating members is to be finalised shortly.
In December 2004 I launched one of the integrated energy
centres in Matatiele, KwaZulu-Natal. We plan to launch an
integrated energy centre at some municipalities between now
and March 2006. This is a special programme for us, because
it is a co-operative that sells or brings energy to our
rural areas. And the members of these co-operatives are
mostly rural women. I also want to report that the IEC in
Matatiele has already started making profit.
Andizi kunixelela ukuba yimalini, ngoba abanye baza kuya
kuqhekeza. [Kwahlekwa.] [I will not disclose the amount,
because others will go there and attempt robbery.]
[Laughter.]
We are very proud of the IECs, and we are going to launch
new ones in Mushaweng in the Northern Cape in the coming
financial year, in Ratlou in the North West; Motale and
greater Tubatse in Limpopo; Newcastle in KwaZulu-Natal;
King Sabatha Dalindyebo in Qunu, Transkei … I mean, Eastern
Cape! [Laughter.]
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I wish to commend Sasol and Total for their continued
commitment to the roll-out of IECs. The IECs are a beacon
of hope to communities that government is beginning to
deliver on its promise of giving them a wider variety of
energy sources.
My department, as you can see, is quite committed to
women’s empowerment. And in that regard, we have, together
with various institutions and the oil industry, assisted
the facilitation of the setting up of Women in Oil and
Energy SA, Woesa. We are going to continue to support
Woesa.
As we speak, the CEF, the Central Energy Fund, has taken a
49% stake in a R72 million hydroelectric plant near
Bethlehem in the Free State, and has given the other stake
to Hydro SA, which is an affiliate of Woesa. We therefore
commend the CEF.
I want to support the Minister by saying that we will
continue to support SA Women in Mining Association, Sawima,
and make sure that the industry, together with Sawima,
comes on board as well. [Applause.]
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Again, I want to say that we as women in the department are
not afraid of nuclear energy. [Laughter.] [Applause.] We
have launched an organisation called Women in Nuclear South
Africa, Winsa.
Of course, this is a winning organisation. This
organisation has held its annual general meeting, which was
facilitated by the Department of Minerals and Energy in
October last year. It has a very strong leadership and is
represented in all the nuclear affiliates in South Africa.
They are now doing an outreach programme in institutions of
higher learning. They are also running awareness programmes
on the peaceful uses of nuclear energy and nuclear science
in South Africa. We want to invite all of those who are
interested to join Winsa so that we can begin to grow and
strengthen our women’s organisation. [Applause.]
Our renewable energy strategy, to detail implementation
plans for each of the technology options to be introduced
during the 10-year period of the target, will be released
in the third quarter of this year. The key elements of the
strategy are: one, the development of market rules, which
provides preferential access to the grid and customers for
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the renewable energy power producers; and two, the
introduction of incentives to facilitate the development of
viable business cases for the generators.
We are in the process of developing a framework for the
generation of power from sugar cane, baghas and lead-free
gas. A roll-out programme for solar water heaters has
commenced with the focus on middle-to high-income
households in Gauteng, Western Cape and KwaZulu-Natal,
including Ministers and Deputy Ministers and members of
Parliament.
The Central Energy Fund also spearheads this initiative.
Siyabonga CEF. [We thank the CEF.] I am pleased to announce
that a positive record of decision for the Environmental
Impact Analysis of the Darling Wind farm was obtained. This
has paved the way for the establishment of the IPP and
construction of wind turbines.
The Minister has already talked about paraffin. To
demonstrate our serious concern about unsafe paraffin
stoves, I am joining her. Nam ndithi phantsi
ngeprayimazitovu, phantsi. [I say away with primus stoves,
away!]
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HON MEMBERS: Phantsi! [Away!]
The DEPUTY MINISTER OF MINERALS AND ENERGY: To address this
crisis, we have completed the new national standard for
nonpressure paraffin stoves and heaters. We are currently
awaiting final approval from the standards approval
committee at the SA Bureau of Standards.
Ngokubhekisele kweza zitovu zerhasi, sithi masiphumeni
kwiparafini singene kwizitovu zerhasi, eziya nizibona phaya
phandle. Sicela ke amalungu ePalamente afundise abantu
malunge nerhasi, kwaye abonise abantu ukuba eza zitovu
zisebenza njani na. (Translation of Xhosa paragraph
follows.)
[With reference to those gas stoves, let us stop using
paraffin and start using the gas stoves that you see
outside. We plead with members to educate people about gas
and also to show people how those stoves work.]
The liquid-fuels charter has resulted in the transfer of
over 18% equity to black hands. Masibaqhwabele. [Let us
applaud them.] [Applause.] All oil companies have complied,
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with the exception of Sasol. [Interjections.] We urge Sasol
to expedite all aspects of transformation as a matter of
urgency.
The oil industry has now shown further leadership by not
only opening up their procurement but by also developing
their suppliers. The oil industry has come together and
contributed to the creation of the SA Supplier Development
Agency, Sasda. I am proud to report that I launched the
Sasda in PE in December 2004. Only four months later, the
Sasda is already up and running. Potential suppliers can
now log into the database and view the opportunities for
the supply of goods and services. They can log on to Bhala phantsi [Write down.] . . . [Laughter.] . .
www.sasda.co.za.
The opportunities listed range from civil engineering right
through to supplying valves.
Ukuba unomzimveliso wakho okanye ivenkile esispaza
ethengisa ii-valve kwaneempahla ezikhuselekileyo
zokusebenza, faka isicelo. Oomama abathungayo, mabangen
kule webhusayithi ze bathengise iiyunifomu kwiinkampani
zeoli. (Translation of Xhosa paragraph follows.)
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[If you have your own factory or a spaza shop selling
valves and protective clothing, put in a tender
application. Women must log onto the website and start to
sell the uniforms to oil companies.]
We have a serious concern regarding compliance with the
Mining Charter. Over the past 11 years, government has been
emphasising the need for the management of South African
mining companies to reflect the demographics of South
Africa. This has been reinforced by the provision of the
mining charter, which requires that by 2009 senior
management of these companies must have at least 40% of
blacks at senior management level. Loo nto ayenzeki. [That
is not happening.]
The HOUSE CHAIRPERSON (Mr N P Nhleko): Order! Hon Deputy
Minister, I’m giving you a minute to wind up.
The DEPUTY MINISTER OF MINERALS AND ENERGY: Many companies
are paying lip service to these requirements. We have
expressed ourselves in public when companies had the
opportunity to transform, but failed to do so. Today,
again, we want to express our exasperation and
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disappointment at the De Beers announcement on our Budget
Day that it will replace one white male managing director
with another white male managing director. This is the same
company whose board of directors is lily-white and maledominated.
Kukho abaTswana, omnye nababini, [They have one or two
Tswanas,] but this is not a Botswana company; it is a South
African company. There is not a single black South African
on their board. Siyakhala. [We are complaining.] We want to
ask De Beers: Is this how you show your commitment to
transformation?
Sifuna ukwazi naku Anglo American, kodwa ke siyancoma
ngakubo ngoba ukhona uLazarus Zim phaya, ukuba: . . .[We
want to hear from Anglo American; we applaud them because
Lazarus Zim is available, if . . .]
Is Lazarus Zim equal to the task of CEO of the entire
company; from London to Beijing, to Russia, to New York?
Makungenziwa i-separate development kwa-Anglo American.
Sohlukana nayo ngo-1994. Kutheni kukho u-CEO wase-London,
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ongafaniyo nowalapha? Kukho owabelungu nowabantu abamnyama?
(Translation of Xhosa paragraph follows.)
[Anglo American must not engage in separate development. We
parted with that in 1994. Why are there different CEOs, one
here and one for London? Is there one for blacks and one
for whites?]
Lazarus Zim must be CEO of the entire company, just like
his predecessor was. He was CEO of an international company
before he was recruited to Anglo-American. [Time expired.]
[Applause.]
Mtsana N F MATHIBELA: Mohlomphegi Modulasetulo,
Modulasetulo wa Komiti ya Phothofolio ya Diminerale le
Maatla, Tona le Motlatšatona wa Diminerale le Maatla,
lehono re gopola ge mmušo wola wa peleng wa kgethologanyo o
be o laola batho ka moo o bego o rata ka gona, go fihlela
ge re lwela tokologo gomme ra tšeya mmušo ka 1994. Mmušo wa
lehono o laolwa ke ANC.
Rena, re le ANC, re thekga tekanyetšokabo ya Kgoro ya
Dimininerale le Maatla. (Translation of Pedi paragraphs
follows.)
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[Ms N F MATHIBELA: Hon Chairperson, Chairperson of the
Portfolio Committee on Minerals and Energy, Minister and
Deputy Minister for Minerals and Energy, today we recall
how people were harassed under the apartheid regime, until
they fought for freedom and took over government in 1994.
Our government is now led by the ANC.
As the ANC, we support the budget as set out by the
Department of Minerals and Energy.]
As the ANC, we support the budget. Our support is largely
influenced by the significant progress that the department
has made in administering the budget, planning for delivery
and development of human resource capacity. This progress
is a move forward towards addressing the challenges facing
our society and towards fostering a value system in which
our people govern, as the Freedom Charter states. The
Freedom Charter is the guiding document of all that the ANC
government does in administering the resources allocated to
the departments.
The Department of Minerals and Energy has a clear vision,
which is informed by the Freedom Charter. The vision of the
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department is sustainable development through minerals and
energy resources for the benefit of all South Africans.
This vision is guided by, among other values, Batho Pele ``Putting People First’’.
In order to put people first, the department has devised
five key programmes, of which the main one is
administration. The purpose of this programme is to provide
administrative support to the Ministry and the department
with regard to financial information and supply-chain
management, legal human resource, security risk management,
communication, audit services and compliance.
The administration programme of the department has five
subprogrammes: Management Services, Finance Information and
Supply Chain Management, Audit Services, Communication
Compliance Office and Special Projects.
Each of these programmes seeks to provide a support service
to the core line-function components so as to deliver on
the department’s key mandate.
In the heart of the support service function is the
intention to transform the Department of Minerals and
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Energy. In an attempt to address these challenges, the
administration will focus on three strategic areas: human
resource development, the review of structures and
processes to improve service delivery, and the monitoring
of state-owned entities reporting to the Minister.
The aforementioned subprogrammes are allocated R111,364
million, which constitutes about 23% of the total
departmental budget. Of the R111,364 million of the
administration programme, 48% goes towards compensating
employees, 45% to goods and services, and the remainder
goes towards transfers, subsidies and capital assets.
It should be borne in mind that the administration
programme is one of the cornerstones of the six programmes
of the department. It is therefore crucial that this
programme always monitors the implementation of national
policies and ensures the retention of the current skills
that are available in the department. This will enable the
department to contribute towards addressing the challenges
that this new democracy has to deal with.
It is also important to note that in order for delivery to
take place, we need to continuously embark on recruitment
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and training of staff. This will enable the department to
be in line with the government’s programme of intensifying
employment equity. The department aims to reach 75% black
representation at senior management level, 30% female
representation at both senior and middle management levels,
and 2% disabled representation by the end of 2005. We
believe that these are achievable targets. These targets of
employment equity will be supplemented by the
implementation of the Preferential Procurement Policy to
increase the number of previously disadvantaged South
Africans into the industries and/or sectors covered by the
department. This will also be monitored through the targets
contained in the liquid-fuels charter and the Employment
Equity Act.
The government has noted that staff members leave the
Public Service in general for the private sector in what
they call a ``brain drain’’ process. This ``brain drain’’
also affected the Department of Minerals and Energy. In an
attempt to make sure that we retain our staff, the
department has developed a staff recruitment and retention
policy and strategy. The administration programme will
communicate all the achievements in this regard, as well as
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the activities that the department is involved in, both
internally and externally.
It is commendable to note that the department has, under
our ANC-led government, been able to manage its resources
in the most efficient way to achieve its objectives and
targets. The current allocation will be spent well and will
be used accordingly. To pursue the agenda of government,
the ANC is proud to have employees who are prepared to
serve the people at all times.
We thank the Minister and the Deputy Minister for their
leadership. A thank you also goes to members of the
Portfolio Committee on Minerals and Energy for their
oversight role and the debate they had on the Budget Vote
and strategic plan of the department.
Before I conclude, I wish to join the queue of those who
have submitted their message of condolence to the family of
the former Chief Executive Officer of the Mining
Qualification Authority, Dr Menzi Mthwecu. He has done a
great job at the MQA. May his soul rest in peace.
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We believe that everybody should support this Budget Vote
if they need service delivery to the people who elected us.
Let us vote yes to the Budget Vote and shame those who are
not interested in progress and delivery, but in high-school
debates for political point-scoring.
I just wanted to make a little comment on the DA.
Bakwethu, kubuhlungu namhlanje ukuthi ngoba sekubusa
uKhongolose kuthiwe kune-radiation. I-DA iyakhala ngeradiation. Basusa abantu eLady Selbourne nakwezinye
izindawo, babathatha babayisa ePelindaba. Le nto ibilokhu
ikhona kodwa bengayiboni ukuthi izoba yingozi ebantwini.
[Ihlombe.] (Translation of Zulu paragraph follows.)
[My fellow people, it hurts that because the ANC is in
government now, radiation becomes an issue. The DA is
concerned about the radiation. They removed people from
Lady Selbourne and other areas, placing them at Pelindaba.
This thing was there but they did not realise then that it
was harmful to people . . .] [Applause.]
Mr L W GREYLING: Chair, hon Minister, it is clear that our
world is changing rapidly around us. Our planet is heating
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up due to our continued emission of greenhouse gases, with
enormous impact on all our natural resources. This
environmental reality is also bringing about an energy
revolution. The fossil-fuel age of the past 200 years is
being seriously challenged as the world takes its first
tentative steps towards the renewable energy revolution.
There are certainly many forces and vested interests intent
on holding back this revolution. This kind of resistance is
often found at the beginning of a paradigm shift, though,
and we cannot lose sight of the fact that in the next 50
years the transition to renewable energy systems around the
world will speed up.
For a country like South Africa, which has built its
economy on a polluting mineral energy complex, the pressure
to reduce our greenhouse gas emissions, which are currently
the 14th largest in the world, will be immense.
I believe, however, that it is not pressure that should
bring about this shift, but the enormous opportunities that
exist for a country like ours to be at the forefront of
researching, producing and developing the renewable energy
technologies for the future.
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Southern Africa has 80% of the world’s platinum reserves,
which means that we must be the leaders in developing fuel
cell technology. We have double the world’s average solar
radiation, which means we should be at the forefront of
producing solar thermal and PV cell technologies.
Hon Minister, we should not be importing renewable energy
technologies to meet our domestic targets, but we should be
turning ourselves into a leading producer and exporter of
these technologies around the world.
To make this dream a reality, however, requires far more
financial and human resources. We also need to dedicate
more money to the Integrated Energy Planning Process so
that the capacity of the department to independently plan
scenarios for the next 50 years can be strengthened.
Unfortunately, almost all research and development money
has been swallowed up by the Pebble Bed Modular Reactor.
In Eskom’s 2003-04 financial period, for instance, R380
million of the R500 million for research and development
was given to the PBMR, leaving a measly amount for all
other technologies.
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In the MTEF period we saw another R500 million transferred
to this project, and this figure has now subsequently
jumped to R600 million in this year’s budget. This fits the
pattern of nuclear energy around the world, which has
always experienced cost overruns and has never lived up to
its initial promise of energy too cheap to meter. The
independent economic feasibility study of this project
warned of precisely this scenario and still we proceeded to
pump vast sums of money into it.
I was not surprised at the recent overreaction to Earthlife
Africa, because this government has always been extremely
sensitive to any criticism of nuclear energy. And quite
frankly, the accusation that Earthlife Africa is pushing a
European agenda is unfounded. I want to remind the House
that in fact NUM, NUMSA and Cosatu have all signed up to
the Nuclear Energy Costs the Earth Campaign.
The nuclear summit last year was mysteriously cancelled at
the last minute to avoid any embarrassment to the PBMR
company, which was trying to drum up investors in France at
that time. Since then I have tried on countless occasions
and through various mechanisms to get this Parliament to
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hold the long-awaited summit. I have been blocked at every
turn and have instead sat through countless briefings in
the Committee on Environmental Affairs and Tourism by
nuclear proponents with not one dissenting voice ever being
given a chance to speak. It is no wonder then that the
antinuclear lobby has had to resort to legal action to get
their arguments heard. [Time expired.]
Ms E NGALEKA: Chairperson, Minister, Deputy Ministers, hon
members, ladies and gentlemen. Hon Greyling, I actually do
not want to waste my time on you, but on a point of advice
to you, please attend portfolio committee meetings, because
that is where we get free education.
Chairperson, 50 years ago, the Congress of the People
gathered together to adopt the people’s charter, the
Freedom Charter. In this regard, the preamble of the
Freedom Charter states:
We, the people of South Africa, declare for all our
country and world to know: that South Africa belongs to
all who live in it, black and white, and no government
can justly claim authority unless it is based on the will
of all the people; that our people have been robbed of
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their birthright to land, liberty and peace by a form of
government founded on injustice and inequality; that our
country will never be prosperous or free until all our
people live in brotherhood, enjoying equal rights and
opportunities.
The most important clause of the Freedom Charter is the one
that is pertinent to mining industries, the one that states
that:
The people shall share in the country’s wealth. The
national wealth of our country, the heritage of all South
Africans, shall be restored to the people . . .
That is exactly what this government is doing now –
. . . The mineral wealth beneath the soil, the banks and
monopoly industry shall be transferred to the ownership
of the people as a whole.
This is exactly what the Minerals and Energy budget seeks
to achieve as a strategic objective of government. The
purpose of the Mineral Development Programme is to
transform and promote sustainable development in the
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minerals and mining industry for the benefit of all South
Africans.
The ANC supports this Budget Vote. We don’t just support it
because it is fashionable to do so, we support this Vote
because it seeks to implement the Minerals and Petroleum
Resources Development Act and associated legislation, as
well as the mining charter.
This Minerals and Energy Budget Vote seeks to enhance
beneficiation of a basket of mineral commodities, improve
employment equity in mining and implement a strategy to
integrate social and labour sending areas. Therefore,
supporting this Budget Vote is the right thing to do.
This budget also sensitises all stakeholders in the mining
industry to recognise that while there is a need for
economic empowerment through minerals development, there is
also a greater need to recognise that there are
environmentally sensitive areas where mineral deposits may
be located and that when contemplating mining in those
areas, this should be borne in mind. In short, we have a
responsibility to encourage responsible mining.
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Passing the Mineral and Petroleum Resources Development Act
in 2002, the department began the transformation process
for the mining sector. The main focus of the Act is to
promote equitable access to the country’s mineral and
petroleum resources. Through promoting small-scale and
emerging mining enterprises, the department encourages the
participation of new entrants into the mining sector.
To address the constraint of access to finance, the
department is involved in two initiatives, namely the
National Small-scale Mining Development Framework and the
Bakubung Initiative. The latter is a collaborative effort
between the department and private sector that was started
in 2000 to establish a fund that can assist emerging mining
companies through capitalisation of their projects.
On the other hand, the increasing formalisation of smallscale mining activities, for example the need to comply
with legal requirements for environmental management and
health and safety, may serve unintentionally as a barrier
to small-scale miners. I believe, though, that with the cooperation of the government, these challenges can be
overcome.
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Rehabilitation is not negotiable. We expect every miner to
provide for rehabilitation in order for us to make sure
that we leave an environment for the generations to come.
Our late president, O R Tambo, said:
Our struggle will be less than powerful and our national
and social emancipation can never be complete if we
continue to treat the women of our country as dependent
minors and objects of one form of exploitation or
another.
Reflecting our movement’s commitment to equality in
general, including gender equality, current South African
legislation on women and mining is more progressive than
existing international norms and standards, which do not
encourage the employment of women for underground work
owing to the potential danger of such work.
The Bakubung Initiative should be to the benefit of women
who have long been associated with small-scale mining. In
contrast with the historical lack of involvement by women
in the large-scale mining sector, women have entered smallscale mining primarily as a means of survival.
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As a result of the increasing trend in the mining industry
towards small-scale mining and subcontracting, women are
also entering into mining production through these avenues,
as it requires lower levels of investment. This trend could
pave the way for greater integration of women into mining
with the necessary support provided by the department in
terms of this programme.
The main goal of the socioeconomic empowerment charter is
to create an industry that will proudly reflect the
commitment of a nonracial South Africa and the subsidiary
goal is to achieve a 26% historically disadvantaged South
African ownership of the mining industry assets in 10 years
by each mining company.
The charter also aims at empowering and developing small
miners and women. This will endeavour to redress the past
imbalances with the aim of including the previously
disadvantaged South Africans into the mainstream of the
mining sector. It also seeks to address issues of skills
development, ownership and control of the sector by a
significant majority of historically disadvantaged South
Africans.
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The envisaged outcomes that will be derived from the broadbased socioeconomic empowerment charter as outlined in the
strategic plan of the Department of Minerals and Energy are
that 15% historically disadvantaged South African ownership
should be reached in five years, 10% women participation in
five years and 40% historically disadvantaged South African
management in five years.
The charter is a statutory instrument to support one of the
key objectives of the Mineral and Petroleum Resources
Development Act, which seeks to promote transformation in
the minerals and petroleum industries, promoting access to
all South Africans, employment equity, beneficiation,
community development, and procurement and ownership.
For too long raw materials have left the boundaries of this
country for the developed countries. For too long our
citizens have been robbed of opportunities to develop
skills, create jobs and a better life that they deserve as
South African citizens.
Hon members, South Africa belongs to all who live in it,
black and white. Government needs the co-operation of
industry to ensure we add value to our minerals, create
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jobs and eradicate poverty. Let us recommit ourselves to
making poverty history in our lifetimes.
The impact of the above progressive legislation does not
mean that there are no challenges faced by government and
all of us who have committed ourselves to fighting poverty.
[Time expired.]
Mr K D S DURR: Chairman, I would like to say something that
affects both the Ministers, this Minister, the Minister for
Public Enterprises, and the Minister of Environmental
Affairs. I think the hon member from the ID who spoke here
is right, but I think he is going to be surprised by how
fast the forcing technologies will develop because of the
high oil prices. The high oil prices are forcing
alternative technologies.
Minister, it was recently announced by your colleague,
presumably somewhere in Mpumalanga, that certain previously
moth-balled, electric, coal-fired power stations would be
recommissioned. Which power stations are these, which
coalmines are involved and where are they located? I ask,
because I’d like to know if the power station in Athlone in
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Cape Town, will also at some future time be considered in
this recommissioning process. [Interjections.]
It’s a serious question, because we would like to know what
has changed, because these power stations were thought to
be inefficient and were heavy polluters at the time of
decommissioning. So, and it’s a serious question, what are
we going to do to modify the plants, if we are going to
recommission them, so as to cut pollution down to more
acceptable levels in line with the Kyoto responsibilities
that we have.
Are scrubbers going to be added, and at what cost? Has
Eskom considered injection, urea-based, additive
technology, like SNCR technology, which is not being used
in South Africa, but which can make deep cuts in Nox,
nitric acid pollutants and other powder spray technology to
reduce SO2? We all know we had big problems, and still have,
with acid rain in the Mpumalanga area. [Interjections.]
It is also vital that this be attended to, because during
an inversion the Athlone power station has always been a
major contributor to smog, with considerable attendant
chest complications for the public.
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Minister, I would also like to ask you: If we are going to
roll back the frontiers of poverty, I would, seriously,
like to ask the Minister to look at the whole question of
bureaucracy surrounding the issuing of simple licences,
like sand-mining licences, the opening of building sand
mines, that kind of thing.
I am saying this because, as part of my oversight
responsibility, I have been involved in an issue like this.
One of my constituents approached me. It was a Black
Economic Empowerment project that complied in all respects
for a licence to mine sand on their property, but the
bureaucracy was simply unbelievable.
It’s almost impossible to make progress when one is stifled
at every turn. The department throws the book at one. In
the meantime, we have to transport building sand over 50
kilometres because of the incredible delays. The officials
at the Cape Town Minerals and Energy Affairs office told me
they have a backlog of, it sounds like hundreds, of
applications, and that they could not deal with it.
The HOUSE CHAIRPERSON (Mr N P Nhleko): Order!
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Mr K D S DURR: I was approached last September . . .
The HOUSE CHAIRPERSON (Mr N P Nhleko): Your time has
expired.
Mr K D S DURR: If we are going to roll back the frontiers
of poverty we’ll have to do something about this.
[Interjections.] We will oppose the budget.
Ms B TINTO: Igama lamakhosikazi!
Enkosi, Sihlalo. Mphathiswa noSekela-Mphathiswa, uSihlalo
wekomiti, amalungu eNdlu ahloniphekileyo namaqabane
ndiyanibulisa. (Translation of Xhosa paragraphs follows.)
[Ms B TINTO: The name of women!
Thank you, Chairperson. Hon Minister, hon Deputy Minister,
Chairperson of the Portfolio Committee, hon members and
friends, I greet you all.]
First and foremost, I want to send my condolences to the
Mthwecu family . . .
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. . . ngokushiywa kwabo nguGq. Menzi Mthwecu obekade
eyintloko yequmrhu ebizwa ngokuba yiMining Qualifications
Authority nothe wasutywa kukufa ngesiquphe kwingozi yemoto.
Ngokwenene kuthiwa isitya esihle asidleli. (Translation of
Xhosa paragraph follows.)
[. . . who recently lost Dr Menzi Mthwecu, who was the CEO
of the Mining Qualifications Authority, to a car accident
that instantly killed him. It is true that a nice vessel is
not eaten out of.]
May his spirit rest in peace.
Having said that, I must say that the ANC supports this
Budget Vote.
Ndivumele ndikhumbuze le Ndlu ngengoma ethi: “Sisebenza
emgodini kanzima, sisebenzela imali encinane.” Andizi
kuyicula ke kodwa. [Kwahlekwa.] (Translation of Xhosa
paragraph follows.)
[Please allow me to remind this House of the song that
says: “We work hard in the mines; we work for little
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money.” Unfortunately, I am not in a position to sing it.
[Laughter.]]
. . . which is loosely translated into English as: “We work
hard underground in the mines for peanuts”.
Sihlalo, amaqabane e-ANC ayazi kakhulu le ngoma. Ayayazi
nale yayisithi: “Emazweni iFreedom Charter, bakhala ngayo.”
[Uwelewele.] Zonke ezi ngoma sasizicula kuba sasifuna le
nkululeko yanamhlanje siyifumane xa sisonke kubandakanya iDA noGreyling lo ungazanga weza ekomiti. Andizange ndambona
uDurr ekomitini. Ndiyaqala ukumbona apha eNdlwini.
Bendingamazi nokuba unayo nentetho elungisiweyo. Kambe
siyabavumela ukuba bathethe ke bonke abantu. [Kwahlekwa.]
USpies lo naye ufika ekomitini ahlale imizuzu emibini
nemithathu ahambe. Baxakekile aba bantu. [Kwahlekwa.]
(Translation of Xhosa paragraph follows.)
[Chairperson, ANC comrades know this song very well. They
know the one that says: “In other countries, the Freedom
Charter, they talk about it.” [Interjections.] When we sang
these songs, we were calling for the freedom that we are
enjoying today; that which we would enjoy together with the
DA and hon Greyling, who has never attended our committee
EPD 19 May 2005
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meetings. I did not expect him to have a prepared speech.
However, he is allowed to make a speech because our policy
says that everybody should speak. [Laughter.] Hon Spies
spends a few minutes in our committee meetings and leaves.
These are very busy people. [Laughter.]]
The content of the above historical song forms the bedrock
of this Budget Vote. The history of South Africa has its
own twists, turns, zigzags and tight knots, opposition
parties and ruling parties, but we all agree, including the
DA, as the Freedom Charter states, “South Africa belongs to
all who live in it”. If we all agree with the Freedom
Charter on this point, it then logically follows that we
must also agree with the Freedom Charter, which states,
“The People Shall Share in the Country’s Wealth!”
This is a strategic goal, which needs strategic
intervention. One of the interventions is to protect the
producers of wealth so that they can benefit from the
wealth that they have produced. In an attempt to achieve
this goal, the ANC government introduced strategies and
plans to promote health and safety in the mining sector in
order to address the legacies of apartheid, in which the
health and safety of blacks were not a serious concern for
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the minority government. These strategies and plans are
echoed by the Department of Minerals and Energy’s mine
health and safety inspectorate.
The ANC government identified the purpose of the
inspectorate as to protect workers and, to a greater
extent, even bosses from accidents and other related
occupational problems in the mining industry. The
inspectorate also seeks to protect our people who are
affected by mining activities. This also includes labour
areas that are out of the centres where mine employees are
drawn from, but who gravitate to mining sectors.
The main objectives of the mine, health and safety
programme is to reduce mining-related deaths, injuries and
ill health by formulating national policy and legislation,
and by providing advice and systems to monitor and audit
compliance with the safety and health standards in the
mining sector.
The expenditure allocations for the mine, health and safety
programme have been increasing for the past three years.
This growth is expected to slow down to an annual average
rate of 7%, taking expenditure to an expected R124 million
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in 2007-08. The bulk of this increase will go towards
compensating employees.
The identified major cause of occupational health and
safety challenges are rock falls, rock bursts, fires and
explosions, machinery and transport systems, physical
hazards like noise and, lately, seismic events which have
led to fatalities, vibration and airborne pollutants.
However, it should be noted that the mining industry’s
safety performance has improved in 2004.
In 2004 the department recorded a fatality rate of 0,56
deaths per 1 000 employees, compared to 0,65 deaths per
1 000 employees in 2003. The recorded and reported injury
rate has also declined from 10,3 per 1 000 employees in
2003 to 9,6 in 2004. These rates correspond to 4 254
injuries in 2003 and 4 301 injuries in 2004. This reflects
a 1,1 % decrease in injury rate.
In spite of these improvements, the fatalities and injuries
are still cause for concern, since the department’s
strategic plan has as its goal that by 2013 there should be
zero fatalities. Therefore any accidents in the mine health
and safety inspectorate are halting, or affects, the
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achievement of the target. We are also concerned about
women’s safety underground.
A target has been set for all 164 registered South African
mines, which employs thousands of workers. In terms of
demographics, the sector has 55% blacks and 45% whites.
These workers come from diverse backgrounds. This raises
the challenge of communication. Hence, we have a small
percentage of women in mines . . . [Time expired.]
[Applause.]
Mr W D SPIES: Chair, the Mineral and Petroleum Resources
Development Act appoints the state as custodian of all
South Africa’s mineral resources. The state, in other
words, legislated itself as a trustee, which is supposed to
manage our mineral resources for the benefit of all South
Africa’s people. The state, therefore, not only acquired
very substantial rights but also obtained the duty to
ensure that our mineral resources are exploited in a way
that benefits the relevant communities.
These ideals make sense if one takes that the government
sees itself as a people-centred and caring government. But
is government succeeding in this regard? The community of
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Stilfontein is currently experiencing its worst crisis
since its establishment. The financial difficulties facing
the Durban Roodepoort Deep Group resulted in more than
6 500 workers not receiving wages since mid-April. Despite
the request by my colleague the hon Pieter Groenewald for
the hon Minister to intervene in the Stilfontein crisis, I
have been told by trade unionists that, so far, there have
been a total absence and lack of action from government.
While 6 500 households in Stilfontein are literally
starving, up to now only the local community and trade
unions acted by distributing food parcels. Why is
government absent? The FF Plus really hopes that this is
not a case where government actually entitled itself to
certain benefits of custodianship while the
responsibilities that are coupled with that are neglected.
That brings me to the second issue of discussion.
With the introduction of the new Act, government certainly
acquired substantial rights with regard to our mineral
resources. According to reports from the law societies,
more than 2 000 notices have been served on the department
for expropriation consideration claims, following the
introduction of the Act. Were these claims budgeted for,
EPD 19 May 2005
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and if not, is it the intention to oppose these claims in
court?
Judged conservatively, if only 10% of these notices
eventually result in court cases, legal fees alone could
end up at close to R100 million. This is more than half of
the amount currently budgeted for mineral development. Just
imagine the difference R100 million could have made in a
community like Stilfontein.
That being said, I would also like to focus on some
positive aspects of this portfolio. It has been a privilege
this year to witness the Minister and the department’s
commitment towards the development of renewable and
sustainable sources of energy. In this regard the visits to
the Darling wind turbines and briefings about the
conversion of state-owned buildings towards energy
efficiency, amongst others, have been highlights in my
involvement with the committee.
I believe that these initiatives, though still on a small
scale, demonstrate a commitment towards our future
generations, which is applaudable. Let’s keep up the good
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work, but let’s try harder in regard to what is not so
good. Thank you. [Applause.]
Mr C D KEKANA: Mr Chairperson, hon Minister, hon Deputy
Minister, chairperson of the portfolio committee, ladies
and gentlemen, a lot of ground has already been covered. My
topic is energy supply, in other words, electrification. A
lot of ground has also been covered regarding this topic,
especially by the Minister and the Deputy Minister. I will
just talk a bit about the benefit of electrification.
The Freedom Charter . . . and it seems like it is annoying
some people when we mention the Freedom Charter . . .
[Laughter.] Unfortunately we can’t help it, because the
Freedom Charter has been the guiding document of all our
achievements to date. The hiding that some people get at
the polls is also as a result of the Freedom Charter.
[Laughter.]
The Freedom Charter has said there will be housing,
security and comfort for all in South Africa. This Freedom
Charter, and a lot of people have mentioned it in this
House, is no more just the sole document of the ANC in this
country. Instead, it has now graduated. It has actually
EPD 19 May 2005
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become a document of all of us, of all the people of South
Africa. We in the ANC support this budget, because the
budget is providing for the interests of the people as
chartered by the Freedom Charter.
In 1994, when the ANC government took over in the new
democracy, according to statistics, 50% of all households
in South Africa were electrified. That means, only 50% were
electrified and the rest were not. We can all guess who
were not electrified. By 2003, 69% were electrified.
Therefore, we moved from 50% to 69% of households that were
electrified. The Minister has just updated that. She said
that by 2005, 71% of all the households in South Africa
were electrified. This is a remarkable achievement by all
standards.
In fact, the President of the country, in his state of the
nation address, has said that by 2012 everybody in South
Africa should be electrified. If you visit the remote
areas, especially the rural communities, you will be
surprised that there is electricity even in mud houses.
Mo dintlong tse di agiwang ka mmu . . . [In sand houses . .
.]
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. . . when you go in, people are not using cow dung to
light fires for cooking. One woman said to me, these days
we just touch the wall in order to cook. [Applause.]
According to Reuel Khoza, Chairperson of Eskom, since 1994
every day 1 000 houses were provided with electricity. This
comes to a total of 300 000 electrified houses within a
year, and that has been continuous up to today. This is
because of the burning desire, the urge of this government,
to make up for the time lost during the dark days of
colonisation.
There are other sources of energy for lighting, for example
candlelight, paraffin light and gas. The Minister has just
told us that we are going back to gas, because there are
now technical ways in which we can use gas in a more secure
way. It is very useful and very user-friendly. Therefore,
we are going back to gas.
According to statistics, paraffin was used for lighting,
and candlelight was also used more than gas for lighting.
For cooking, paraffin, wood and coal were used. Some of us
grew up using coal, and cooking with coal or wood can be a
laborious process. When you woke up in the morning you had
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to chop wood, clean out the ashes from the stove and throw
the wood in. At times you thought the fire was burning, but
then it had died. [Laughter.] That would also happen when
you came back from school. Those were the real hard days of
colonisation. All those methods of cooking and lighting
have declined, because more and more people are getting
electricity today.
Electricity is not just for lighting and cooking. We know
South Africa has an urban and rural divide as far as
economic development is concerned; and the urban area
itself is divided into suburbs and townships. In the
townships, the lighting of streetlights has been very
important in restoring the social fibre and combating
crime. You can imagine what happened in townships, where
the crime rate was high, when the whole township’s streets
were dark. That only encouraged crime. Now that the streets
are lit, that at least, in a sense, helps us to restore the
social fibre and combat crime.
The development of urban and rural areas has been unequal
and that has created a big imbalance. The installation of
electricity in rural areas has assisted in building the
necessary infrastructure for economic development, which is
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very important. The influx of people to urban areas,
looking for greener pastures and a better livelihood, might
stop in future, because instead of seeking jobs in urban
areas, they can create their own jobs in rural areas. That
will attract foreign investors. It will also promote small
industries like carpenters and welders, because there will
be a source of energy right there in the remote communities
of the rural area.
In fact, the World Bank, which I am not very fond of
personally . . . [Laughter.] . . . has advised some
countries to come to South Africa to learn from our rich
experiences. Therefore, South Africa is no longer just a
teacher politically after resolving the conflict at the
Codesa negotiations, but it is now becoming a teacher in
economic aspects. I understand that India has been here
frequently, coming to learn how this thing is being done.
The World Bank has been telling everybody in the world that
they should go to South Africa if they want to learn how
electrification can happen, because the best experts are
South Africans. [Applause.]
I want to conclude by saying that though we are doing very
well with electricity, and the Minister has mentioned this,
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we shouldn’t forget that the source of our electrification
is coal. Actually, 92% of all the energy generated in this
country comes from coal. That being the case, though for
now we are still safe, we must not forget that coal is a
depletable resource. One day we might want to dig and there
will be nothing in the hole.
We’ve got to take precautionary measures. Therefore, this
Ministry has decided to look for alternatives. Alternatives
might be nuclear energy, renewable energy, gas and hydro
energy, and so forth. The point is that research is being
conducted to see how coal will one day be replaced.
Lastly, it is very interesting that while we are providing
for electricity, we are doing that at a very cheap
subsidised rate with an indigency policy for those who
cannot afford it. So, the words of the Freedom Charter have
been echoed, the words that say, “We shall all share in the
wealth of the country”. Thank you. [Applause.]
Dr S E M PHEKO: Modulasetulo [Chairperson], the PAC
supports this Budget Vote. I, however, want to point out
that our liberation struggle for political power was a
means to economic power.
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Our country is endowed with enormous wealth. There is
hardly a mineral that is not found in our country. Gold is
here; diamonds are here; platinum is here; chrome is here;
cobalt is here; uranium is here; manganese is here;
vanadium is here; the list is endless. The consequence of
this, the paradox, is that this wealth does not benefit the
African majority of this country, who are nearly 80% of the
country’s population.
Our country continues to be two South Africas: one very
rich and non-African, and the other extremely poor and
African. The consequence of this economic imbalance is that
the rich South Africa, which is enjoyed by the minority,
has been classified in the 19th position out of 173
countries of the world. This is close to Germany, Italy and
Denmark.
In contrast, the African South Africa has been classified
in the 110th position out of 173 countries. This is why the
PAC holds that the Freedom Charter is in fact a freedom
cheater. [Laughter.] Sharing? Sharing what? The country
belongs more to the minority than to the land-dispossessed
Africans. Let us not delude ourselves! This is the
political reality. [Interjections.]
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The evidence of a two-nation syndrome in South Africa is
glaring. A mere ounce of gold sells for about R3 408, and
that of platinum for about R6 624. All this wealth is
dangerously dug by African workers in hundreds of tons, but
does not benefit Africans economically.
The poorest people in South Africa are Africans. The most
unemployed people in South Africa are Africans. People who
live in the squatter camps and match-box-sized houses are
Africans. The worst victims of the Acquired Immune
Deficiency Syndrome are Africans. Poverty . . .[Laughter.]
. . . not only degrades, but also lowers resistance to
diseases such as HIV/Aids.
The mineral wealth in this country must be controlled and
used in a manner that liberates the poor economically and
socially. We must stop deceiving ourselves by saying:
Freedom Charter, Freedom Charter, Freedom Charter, and hope
that that will deliver; it will never deliver!
[Interjections.]
You know very well that we can agree with everything here,
but when you tell us that the Freedom Charter is doing the
trick, it is actually cheating the people. You know, Hitler
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was quoted as saying: “Because they repeated one thing
again and again, people started believing it.” The Freedom
Charter has betrayed the struggle in this country.
[Interjections.]
I’m raising this issue because there is a polemic in this
Parliament that keep on saying Freedom Charter, Freedom
Charter, and some people say that we who are sitting here
accept the Freedom Charter. I don’t, because it has
betrayed the land question. We say it belongs to all who
live in it.
Ngowuphi umlungu ohlala ematyotyombeni, ungandibonisa yena?
Hee? Ndiyabuza? [Kwahlekwa.] Kaloku ndithe mna
masisebenzeleni ukuba umhlaba wethu ubuye, hayi le nto
nithi ungekho, niphinde nithi: “Hayi, ngowethu sonke.”
Ayikho loo nto. [Kwahlekwa.] (Translation of Xhosa
paragraph follows):
[Which white man stays in the informal settlement - can you
point him out to me? I beg your pardon? I am asking.
[Laughter.] Remember that I said, let us strive for the
restoration of our land, not saying this while the land is
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not even there, and yet you say: “No, it is for us all.”
There is no such thing.] [Laughter.]
Let us be realistic.
Ayizange ibe kho into enjalo. [There was never such a
thing.]
I don’t want to be diverted from what I was going to say
here, but . . . [Interjections.] . . . No, no, you can
quibble as much as you like . . .
The HOUSE CHAIRPERSON (Mr N P Nhleko): Order! Order! Order,
hon members!
Dr S E M PHEKO: The very fact that you are so intolerant
when we respond to your input is because you are not sure!
You must be sure. If you say that it is the Freedom Charter
and we say that it is the freedom cheater, then you must
explain that according to you it is the Freedom Charter and
according to us the freedom cheater . . . [Interjections.]
. . . Is my time up, sir?
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The HOUSE CHAIRPERSON (Mr N P Nhleko): Yebo, sesiphelile
isikhathi, enkosi. [Yes, your time has expired. Thank you.]
[Interjections.]
Order! Hon members, the hon member couldn’t hear me.
Baba, isikhathi obunikwe sona sesiphelile. [Hon member, the
time allocated to you has expired.]
Yes, that is what I meant.
Dr S E M PHEKO: Ndiyabulela, kodwa masihambeni kulaa ndlela
kaMjongwantshiyini, esafela umhlaba kuyo. Hayi le nto
siyenzayo, yokudlala ngeenkosi zethu. [I thank you;
however, let us follow the example of Mjongwantshiyini, in
accordance with which some of us died for our land, and not
do what we are doing, namely fooling with our traditional
leaders.]
We are from wars of national resistance for our land . . .
[Interjections.] . . . and people come here and say that
the land belongs to us, that it belongs to everybody. Only
in a world . . .
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The HOUSE CHAIRPERSON (Mr N P Nhleko): Hon member, your
time has expired.
Baba, siphelile isikhathi sakho manje. [Hon member, your
time has expired.]
Hon members, I think we should try, particularly hon member
Pheko, not to set bad examples for other members. When your
time has expired and such a ruling has been accordingly
given, it is important that we should respect that.
Dr S E M PHEKO: I apologise for that, Chairman.
The HOUSE CHAIRPERSON (Mr N P Nhleko): Siyabonga. [Thank
you.]
Mr C T MOLEFE: Hon Minister and hon Deputy Minister, I want
to thank you for the empowering information you shared with
us today. It not only benefited those of us who are here
today, but even those who are at home. If you have time, we
would love to hear more about these developments.
Minister, you may have come later as there were time
constraints here, so I don’t think it would help to respond
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to some of the things that were said by members of the
opposition party for a number of reasons.
A member of the DA here spoke about the electricity
blackout in Gauteng earlier on. It is clear that they don’t
even know what happened in Gauteng at that time.
Unfortunately she is not aware that their member, the hon
Schmidt, appears to be suffering from an information
blackout. [Laughter.]
It is a pity that as a member of this portfolio committee
when we met yesterday, for instance, he couldn’t even raise
these things. As with other members who were here – some of
them have gone already – we’ll see them next year during
the Budget Vote. They would want to claim that they have
the interests of the citizens of this country at heart.
Therefore, hon Minister, you do not have time to respond to
some of these things, because for some members like the hon
Schmidt, I think, to understand issues in this country we
would need something like a week-long workshop.
[Interjections.]
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Chairperson and Whip of this portfolio committee, I wish
the hon De Lille was here because she promised the
President that she was going to deal with these noisemakers
. . . [Laughter.] . . . so that you can learn to listen,
because we are trying to inform and educate you.
[Interjections.]
Director and your colleagues in the department, members of
the portfolio committee and all the stakeholders, we must
all be reminded that the fragile process of transforming
the minerals and energy sector depends entirely on your
shrewd leadership and conscious collective response to the
daily challenges both here at home and internationally.
As much as the apartheid system labelled our freedom
fighters “terrorists”, we must not be surprised when
conservatives view our efforts to redress and narrow the
gap between the first and second economies as resistant
bias against the previously advantaged.
The hon Kekana said earlier that a lot of ground was indeed
covered. I don’t know whether these people are informed or
not because, for instance, when it comes to nuclear energy,
EPD 19 May 2005
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65% of France’s electricity is generated from nuclear
energy.
Another member was talking about biodiesel and what not. I
don’t know if this member is aware that on 4 May such a
project was launched in the North West to the tune of
R270 million. This project is going to employ, at the
Barolong BooRatshidi, 800 people in the first phase. In the
third phase 2 000 people will be employed. They will be the
rural and desperate members of that community.
So, I think, we need to be honest when we talk, especially
when we have cameras in front of us. This is so that you
don’t become Dr Goebbels in this country. When they were
busy with anti-Semitism, they lied to the people. They did
not want to be honest, not even with themselves. Why can’t
we appreciate what we see? It was there in our media that
this project was launched. So, instead of saying we were
doing nothing as a country, you need to acknowledge that.
[Applause.]
The hon Kekana was saying that he wasn’t happy about the
World Bank. I say, yes, I agree with him because energy is
not only a challenge facing this country, but it is
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international. The World Bank’s energy policy stated the
importance of providing energy in an environmentally
sustainable and equitable manner. The problem is that this
rhetoric is not matched by the reality of the bank’s
investment globally - southern Europe, central Europe and
Eastern Europe, hence the refusal of the USA to sign the
Kyoto Protocol.
The World Bank’s energy strategy paper, Fuel for Thought,
is a high-quality document but unfortunately the World Bank
lacks the political will to implement some of its good
documents. That is why we are not even moving in Africa.
This is because most of the sufferers in terms of energy
are those people in the rural areas of Africa. That is why
we are concerned as government; that is why we are
concerned as communities.
We need to commend the department on a number of victories
or successes. We need to commend the department on their
initiatives and efforts as they forged regional and global
co-operation regarding energy and minerals in our land,
and your signing, for instance, of the Kyoto Protocol, your
tireless discussions with the Botswana government around
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diamond mining with regards to the De Beers marketing arm’s
strategy, and the success of the Darling wind-pump project.
However, we may need to intensify our research, education
and information sessions in order to extend to quite a
number of our communities, particularly those in the rural
areas where there are minerals. This is because there are
sharks out there that will push them into signing
agreements in which, at the end of the day, they will be
the sufferers.
Chairperson, I do not want to waste much time, but if you
are very generous I would love to give our Minister some
time to wrap up the information that we enjoyed so much,
because it is true that a lot of ground has already been
covered by hon members. It is only unfortunate that even
though this is energy efficiency month, some of our members
here from the opposition party wasted the energy they had
today. [Laughter.]
I saw hon Schmidt showing us a voucher. Maybe that will
help him, because I think he is in the dark about some of
these things. This was a voucher he got from the LP Gas
Safety Association of Southern Africa.
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I think, with regards to the hon Schmidt and after this
Budget Vote, that when we go back to the level of portfolio
committee we need to be honest with ourselves so that we
guard against misleading this nation, so that we are
truthful about the issues we raise. Just on Monday, members
of the opposition party didn’t join us. It was only a
member, as I’m told, the hon Oom Lucas, who joined us.
I think everybody could hear that the hon member Lucas was
talking as a statesman. He was talking as somebody who was
concerned, not somebody who was worried about the
transformation process because he viewed it as biased. You
could hear that as a committee, we would make it and we
would succeed, because of the help of the hon member Lucas.
[Time expired.] [Applause.]
The MINISTER OF MINERALS AND ENERGY: Chairperson, I want to
thank all the political parties who participated in this
debate and the fact that even my friends in the DA,
notwithstanding, support the Budget. You are safe in my
hands. Submit. [Applause.]
I do have to say to the hon Pheko that to actually say that
the Freedom Charter has betrayed the people is far from the
EPD 19 May 2005
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truth and you know it in your heart of hearts. The fact
that the PAC has not even governed a tribal land . . .
There has never been people to believe and to follow you.
[Applause.] . . . is a testimony of the bankruptcy of your
politics. I am saying that, not because I do not agree with
some of the things that you say, but I think this time you
went too far. Having said that, this is a democratic
country and you have the right to further hang yourself
with a long rope and lose even more votes. [Laughter.]
On the issue of expropriation that was raised by some of
the members and the legal proceedings that they think are
pending, I need to say that in our Act we provide for
people to make these complaints. We believe that if people
have a legitimate claim to make, if they have lost
materially, obviously they should be compensated for. There
are steps that are provided for, not only in our Act, but
also in the Constitution for them to follow, in order to
prove to us that they really have lost what they say they
have lost. You cannot protect a right that you don’t
actually have.
If you did not acquire those mineral rights in a manner
that suggests that you have lost something materially, then
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you really have nothing to claim. We are waiting for people
to make those claims. I can promise you that they might end
up owing us something. We will share with some of you when
they pay us. [Laughter.]
Even those international agreements that you are talking
about, the agenda of transformation is above any
international agreement. We have told those foreign
governments that have tried to pull rank on those issues
and they have backtracked. You must let those Italians whom
you are trying to protect here tell you about their
responsibility to the environment and to rehabilitation and
they will change their tune. People must not come and
mislead you and try to hide some of the challenges that
they face as companies by saying that they are going to
take us to court.
Asibethakali thina. Ze basijonge kakuhle ke. [They cannot
defeat us. They must watch us carefully.]
On the issue of DRD, we are in constant touch with the
liquidators. We are also concerned about the situation of
those workers. To claim that this government has neglected
those workers is far from the truth. The management of DRD,
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which is one of the most uncaring managements I have ever
seen, has been horrible to those workers and we have
engaged them time and again about the situation of the
workers in DRD.
In fact, just yesterday our department was instrumental in
getting and committing R60 000 in order to make sure that
those workers are able to get their remuneration. In fact,
we have been putting pressure on all concerned to fasttrack this process. It is absolutely not true that we have
abandoned those workers. We have also been working and are
in constant touch with the NUM on how we respond to the
situation.
What I think is quite disturbing about Solidarity,
actually, and the UDM, is that they came to our department
to represent the interest of the white workers in DRD. What
do you call that? That is unacceptable. We are concerned
about all the workers in DRD as a department.
A member raised the issue of the need for more exploration
in South Africa. We are just as concerned, and in fact, if
the Deputy Minister had finished her speech, she would have
highlighted some of the things that the Council for
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Geoscience was doing in regard to looking at exploration.
We are revisiting all our resources and reserves and on 23
May the Council for Geoscience will be launching . . .
. . . ingadlangadla yento [something massive].
The airborne platform which they have purchased is an
aircraft equipped with airborne geophysical
instrumentation. This instrumentation measures properties
such as the earth’s magnetic field, international
radioactivity and the surface of the earth with the use of
. . .
. . . heyi, angisakwazi nokuzibiza lezi zinto, kodwa yinto
nje eyingadlangadla. Singafumana idayimani ngisho
nasenyangeni. [. . . I can’t even pronounce these names,
all I can say is that it is something massive. We can even
use it to mine diamonds on the moon.]
[Laughter.][Applause.]]
To ensure that we are even more sophisticated and thorough
in our exploration, it will enable us to revisit our
potential to discover kimberlites as well as hidden
geological structures, dykes, nezinto nje eziningi [and
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many other things]. So, we are very serious about
exploration.
On the issue of mine health and safety – maybe,
specifically, let me talk about the issue of Sterkfontein.
The recovery of the water table there is actually something
that we have been concerned about, the Department of
Minerals and Energy, Department of Water Affairs and
Forestry, the Department of Trade and Industry and the
provincial government are working together. And, there is
even the real possibility there that the water may in fact
become a water resource. A study has been completed and we
will make the results of the study known in due course.
I also need to say that the provincial governments,
especially in Gauteng, have actually been very good in cooperating with us in this regard. On the issue of accidents
- and some members touched a lot on the progress that we
have made - but we are not unconcerned by, for instance,
the recent accidents and seismic activities, some of which
we cannot explain. However, my team is working day and
night to try and solve those issues. We don’t wait for the
accidents to happen. The inspectorate is out there in order
to promote safety. As we speak today, Driefontein is at a
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standstill because the mine managers are still struggling
to fix the situation so that it satisfies us. My Chief
Inspector of Mines is not afraid. He takes action and he
takes it decisively. I think in all fairness to her, we
should actually commend her and not give the impression
that regulations governing the safety of mineworkers are
not effective. [Applause.]
On the issue of bureaucracy and licensing, especially as it
refers to small mines . . . Mihla le namazolo. [Daily.]
I don’t necessarily approve the licences, but I am briefed
by the officials. Hardly ever does an application for a
small mine take a long time. As we say, they are generally
not that complicated and we want those people to get into
the job as simply as possible. They do not have the
complicated score-card requirements. If there is a
particular situation or a region where there are problems,
you should let us know.
I also want to indicate that we have a new Chamber of
Small-Scale Miners, which will be launched in June. Again,
I also want to commend the leadership of that Chamber who
EPD 19 May 2005
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are here tonight and have worked very hard to pull that
together.
Nansiya insizwa laphaya, izibambe ngempela. Iyasebenza
ngempela leya nsizwa. [Over there is a gentleman who really
works with dedication. That gentleman really works hard.]
Like everybody else who has spoken, and even those who did
not necessarily mention it, we are very saddened as a
department by the death of Dr Menzi Mthwecu. He was one of
the outstanding leaders that we had. He certainly was
committed in every way you can imagine to the opening of
doors in learning and culture. The work that he did in the
Mining Qualifications Authority has left that institution
with a legacy that we can only take higher and higher,
because he has definitely raised the bar. That was evident
by the accolades that the MQA was able to get from its
peers and from the Department of Labour. We again would
like to send a message of condolences to the family who are
obviously still in mourning.
The issue of nuclear energy should not be turned into a
political football. We are very concerned about ensuring
that the institutions that are entrusted with that task do
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their best and discharge their work effectively. South
Africa is not a country that is violating the standards
that we are required to adhere to.
We recently received accolades from the IEA for the work
that we do and the standards that we adhere to as one of
the countries that deals with the nuclear industry. There
is no threat in South Africa of abuse and misuse and the
lowering of standards. I therefore would like to assure the
community and those ex-workers of Necsa, who may feel that
they have issues to raise with us, to come forward and
raise those issues. In fact, we are doing an investigation
ourselves, but from where we stand, we are not concerned
that those workers are facing any danger.
Nevertheless, to be cautious and careful, we are definitely
going to be looking at them one by one. We will also make a
public statement.
Chairperson, I know I have exhausted your patience and
maybe people will think that it’s because you are my
homeboy that you are being nice to me. I thank you very
much. [Applause.]
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HOUSE CHAIRPERSON: Hon Minister, it’s not necessarily my
patience but it’s your time that you have exhausted.
[Laughter.]
Debate concluded.
The Committee rose at 17:27
__________
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
ANNOUNCEMENTS
National Assembly and National Council of Provinces
1.
Introduction of Bills
(1)
The Minister of Defence
(i)
Armaments Corporation of South Africa, Limited Amendment Bill
[B 14 – 2005] (National Assembly – sec 75) [Explanatory summary of
Bill and prior notice of its introduction published in Government
Gazette No 27590 of 17 May 2005.]
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(ii)
PAGE 130 of 204
Defence Special Account Amendment Bill [B 15 – 2005] (National
Assembly – sec 75) [Explanatory summary of Bill and prior notice of its
introduction published in Government Gazette No 27590 of 17 May
2005.]
Introduction and referral to the Portfolio Committee on Defence of the
National Assembly, as well as referral to the Joint Tagging Mechanism (JTM)
for classification in terms of Joint Rule 160, on 20 May 2005.
In terms of Joint Rule 154 written views on the classification of the Bills may
be submitted to the Joint Tagging Mechanism (JTM) within three
parliamentary working days.
2.
Membership of Committees
(1)
The following changes have been made to the membership of Joint
Committees viz:
Budget:
Appointed: Mohamed, Ms F
Discharged: Joemat, Ms R R
National Assembly
1.
Heading of Report
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The heading to the Report of the Portfolio Committee on Sport and Recreation,
published in the Announcements, Tablings and Committee Reports of 17 May
2005 (p 795), contained an error, in that it indicated the date of adoption as 5
November 2005. It should read:
Report of the Portfolio Committee on Sport and Recreation on
Oversight Visit to Limpopo, Mpumalanga and Gauteng, dated 5
November 2004:
2.
Membership of Committees
(1)
The following changes have been made to the membership of Portfolio
Committees viz:
Defence:
Discharged: Rajbally Ms S
Correctional Services:
Appointed: Rajbally, Ms S
Finance:
Discharged: Bhoola, Mr R B
Provincial and Local Government:
Appointed: Bhoola, Mr R B
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TABLINGS
National Assembly
1.
The Speaker
Report on the State of Performance Management Systems in the South African
Public Service – July 2004 [RP 199-2004].
COMMITTEE REPORTS
National Assembly
1.
Report of the Portfolio Committee on Correctional Services
on Visit to Lindelani Place of Safety in Stellenbosch on 19
October 2004:
The Portfolio Committee on Correctional Services, having undertaken an oversight
visit to Lindelani Place of Safety in Stellenbosch on 19 October 2004, reports as
follows:
A. Introduction
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The Lindelani Place of Safety is a facility run by the Department of Social
Development situated in Stellenbosch in the Western Cape. The facility caters for
children under the age of 15 years who are awaiting trial in terms of the Criminal
Procedure Act, No. 50 of 1977.
The facility was established in 1991 as a facility providing accommodation to
children in need of care (for example, due to abuse in the home environment) in
terms of the Child Care Act. However, since 1996 its mandate has changed to
provide accommodation for awaiting trial children placed in terms of the Criminal
Procedure Act.
B. Delegation
The following members of the Portfolio Committee on Correctional Services visited
the Lindelani Place of Safety on 19 October 2004:
a
Mr. D Bloem (Chairperson)
b
Ms. LS Chikunga
c
Mr NB Fihla
d
Mr S Mahote
e
Mr MS Moatshe
f
Mr MJ Phala
g
Mr LJ Tolo
h
Mr CM Morkel
Objectives of the visit
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The objectives of the visits were to:
a
Investigate problems and conditions within alternative institutions to prisons for
children awaiting trial.
b
Focus on key areas of concern to the Committee including provision of education
and training programmes, rehabilitation initiatives and the existence of gangs.
Findings
The following are the findings of the Committee in respect of the Lindelani Place of
Safety:
1.
Offender Statistics
Lindelani has the capacity to accommodate approximately 60 children between the
ages of 8 and 14 years. The majority of the children stay at Lindelani for less than
3 months. However, a few children may stay for longer than 6 months and one
child has been in Lindelani for over a year while awaiting trial.
Key issues and problems:
a
Many of the children do not receive visits from their parents as they come from all
over the Western Cape and sometimes their parents cannot afford to travel to see
them. In some cases, the parents have not been traced as some of the children
were living on the streets.
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b
PAGE 135 of 204
A concern was raised by a member of staff that the separation of children in terms
of age groups is not happening adequately and thus 8 year olds are kept with 12
year olds in the same sleeping quarters.
2.
Education, Training and Recreation
Schooling is compulsory and all of the children at Lindelani go to school on the
premises. The children are grouped according to their competencies on four
different levels ranging from Grade R to Grade 8. Many of the children are
illiterate and have received no prior formal schooling. There are 6 teachers who
provide education and training in the following areas:
a
Afrikaans
b
Numeracy and mathematical skills
c
Xhosa
d
Life orientation
e
English
f
Arts and crafts
g
Cane work
h
Leatherwork
i
Cooking skills
j
Computer literacy
All children attend school in groups at different time slots throughout the day for
about 2 hours in total a day. There are only about 5 or 6 children in a class, which
allows the teacher to give each child sufficient attention.
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Key issues and problems:
Educators used to be provided and managed by the Department of Education, but
this has recently changed and now they will be accountable to the Department of
Social Development. The implications of this change are still uncertain. In terms of
recreation, it was stated that the children are mostly confined to their dormitories.
They do have the opportunity to play soccer outside when the weather is good.
While there is an existing covered courtyard area, the floors are not level and it is
thus dangerous for the children to play in this area. The management expressed
the desire for a swimming pool for the children.
3.
Care
Lindelani has the following professional staff available for care service to the
children:
a
2 occupational therapists.
b
3 social workers, of whom 1 is on contract.
c
42 child care workers and 2 child care contract workers.
The facility offers 24-hour nursing care. Children are referred to Stellenbosch
hospital when they require hospital care. A number of doctors are on call to the
facility when their services are required. Children who have been identified as
having extreme psychological problems are referred to an external psychologist.
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Key issues and problems:
a
The social workers develop an Individual Development Plan and longer term Care
Plan for children when they enter and leave the institution. However, sometimes
the Care Plan is not implemented by external role-players when the child leaves
the institution because of, for example, a shortage of space in recommended
facilities (such as reform schools).
b
A concern was raised that some of the care workers were not adequately
equipped to care effectively for the children, even though they have all had some
training in this regard. The planned establishment makes provision for 48 care
workers but only 42 have been appointed. This means that at times there is only 1
care worker on duty in a dormitory for 20 children when 3 are required.
4.
Security
The child care workers provide security within the premises. External and
perimeter security is outsourced to a private company. Three external staff
members are on duty at any one time.
The rooms where the children sleep are never locked, enabling the child care
workers to keep an eye on activities in the rooms at all times. There are meant to
be 3 child care workers on duty at any one time in the living areas.
Key issues and problems:
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a
PAGE 138 of 204
The security fence around the perimeter is flimsy and it is very easy for the
children to escape from the institution. The Department of Social Development has
stated that there will be no funding for facility repairs during this financial year.
b
The rate of escape is high. Most escapes occur when the children are going to or
coming back from school as the school is a short distance away from the sleeping
facilities. Escapes also occur when the children are taken on outings. In one
month alone, 17 children absconded from Lindelani of whom only 12 were
returned or came back to the institution. It was stated that a number of children
leave Lindelani to procure drugs.
5.
Gangs and drugs
Many of the children who come to Lindelani use hard drugs such as Tik and
Mandrax even though they are very young. The need to procure money to buy
drugs was cited as a reason by many of the children for their crimes. Some of the
children stated that they do not have access to drugs within the institution but that
they do have access to twak (tobacco).
Prison-aligned gangs such as the 26s and 28s exist within the institution. The
management of the institution explained that the children come from communities
in which the gang culture is rife and they bring this culture into the institution when
they arrive. In addition, even though Lindelani is not a prison but a place of safety,
the children do not differentiate it in that way. Thus prison gangs as part of prison
culture exist in Lindelani too. Rapes do occur within the institution.
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Key issues and problems:
a
The management states that one of the reasons for the high rate of escape is that
the children want to go outside to procure drugs.
b
It is a concern that rapes occur within this facility amongst children of very young
ages.
6.
Policy and legislation
The child care system is currently in a transitional phase. The Department of
Social Development is in the process of review in order to identify needs and the
most effective ways of addressing these needs in terms of the provision of State
facilities. A policy framework will be developed by November 2004 and by
December 2004 the review process should be completed. From June 2005, the
implementation phase, together with staff of the institutions, will begin.
Key problems and issues
a
While the review process is underway, financial decisions, particularly with regard
to the upgrade of facilities, has been put on hold. In addition, institutions, including
Lindelani, are in a state of flux and staff are unsure about the future of the
institution.
b
The social worker at Lindelani stated that contrary to Section 29 of the Correctional
Services Act, No 8 of 19591 which states that children awaiting trial must be
1
This section of the ‘old’ Act has not been repealed and remains in effect.
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brought to court every 2 weeks, lately there have been many postponements and
this is occurring only on a monthly basis.
c
The social worker at Lindelani stated that there are problems around the legal
representation of children, particularly in terms of the Legal Aid Board. Lindelani is
taking measures to address this situation by faxing letters to the prosecutors
asking for details of the lawyers attached to each case.
Recommendations
The Portfolio Committee on Correctional Services makes the following
recommendations:
a
The facilities at Lindelani seem much better and more conducive to rehabilitation
than those that the Department of Correctional Services can afford to offer to
children. However, it is painful for the Committee to see such young children
locked up in an institution. The Committee encourages the speedy finalisation and
implementation of the Child Justice Bill and looks forward to the implementation of
the spirit of the Bill that requires that all alternative measures be explored before
placing a young child in an institution while awaiting trial.
b
The Committee identifies the lack of involvement by parents as a key concern. All
efforts should be made to:

Facilitate access of parents to their children by, for example, ensuring
that parents are located and know where their children are and
assisting parents with transport costs to visit their children when they
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cannot afford to do so. The involvement of parents is a cornerstone to
effective rehabilitation.

Hold parents responsible for their children. The location of parents by
family finders has been identified as a problem by the Committee.
Where family finders stationed at the courts are unable to do so, all
efforts must be made by other role-players such as the prison or place
of safety staff to ensure that parents are located. Where parents are
in a position to do so, they must be encouraged to take responsibility
for the care and well-being of their children and be provided with the
support and tools to do so.
c
The Committee recognises the value of a review of the child care system and the
need for long term planning. However, in the light of the high number of escapes
at Lindelani, it is recommended that the Department of Social Development and
the Department of Public Works take immediate measures to improve the
perimeter fencing around the institution to reduce the chance of escape. The fact
that many children who abscond do not return to the facility is a concern. In
addition, it was reported to the Committee that decisions regarding the care of
children are made by the management, with the idea that there is a high chance
that these children will escape. For example, poor quality clothing and shoes
(which last for a very short time and require constant replacement) are bought for
the children because the management does not want to spend too much money
on these items, which often disappear when the children abscond. It thus makes
financial sense to the Committee that the fencing problem be addressed as a
matter of urgency or other security measures be put in place to reduce escapes.
EPD 19 May 2005
d
PAGE 142 of 204
The lack of facilities such as reform schools has been identified as a central
concern by the management of Lindelani. Social workers recommend the
placement of sentenced children in reform schools but due to the shortage of
space at these schools, children often have to wait for long periods of time before
these become available. In the interim they may be returned to their communities
and may commit additional crimes. The Committee recommends that sufficient
facilities, such as reform schools, be provided by the Department of Education.
e
In addition, the Committee recommends that more efforts are made by the roleplayers in the relevant departments to coordinate efforts with regard to children in
need. This includes, the police, correctional services, justice, social workers and
education. Failure to coordinate may have important consequences for the child.
It is the responsibility of all the departments to ensure that together they develop
implementable strategies and ensure sufficient facilities to ensure that the
rehabilitation of a child in trouble with the law is prioritised.
f
Cases against children must be prioritised and finalised as soon as possible to
ensure that they spend as little time as possible in an institution while awaiting trial.
The law stating that a child must appear before the magistrate every 2 weeks must
be implemented effectively.
g
The Committee will call the Legal Aid Board to account for problems that have
been identified in terms of the allocation of lawyers to children who require these
services.
The Committee will also submit a report on the findings and conditions at Lindelani
to the Department of Social Development.
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Report to be considered.
2.
Report of the Portfolio Committee on Correctional Services
on Visit to Bonnytoun Place of Safety on 16 November 2004:
The Portfolio Committee having considered and adopted the above-mentioned
report, reports as follows:
A.
Introduction
The following members of the Portfolio Committee on Correctional Services visited
the Bonnytoun Place of Safety on 16 November 2004:

Mr D Bloem (Chairperson)

Ms LS Chikunga

Mr NB Fihla

Ms MW Makgate

Mr MS Moatshe

Mr MJ Phala

Mr LJ Tolo

Mr CM Morkel
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The objective of the visit was to:

Investigate conditions and problems within an alternative institution to prisons
for children awaiting trial.

Focus on key areas of concern to the Committee including the provision of
education and training programmes, rehabilitation initiatives and the
existence of gangs.
B.
Findings
The following are the findings of the Portfolio Committee on Correctional Services
in respect of the Bonnytoun Place of Safety:
1.
Context
The Bonnytoun Place of Safety is a facility run by the Department of Social
Development situated in Cape Town in the Western Cape. The facility caters for
boys between the ages of 15 and 17 years who are in conflict with the law and are
awaiting trial. Bonnytoun also has boys who have been sentenced but are still
within the court process and are waiting for places to become available in other
youth centres, such as reform schools. Boys under the age of 15 years are only
accommodated in emergency cases, otherwise they are sent to Lindelani Place of
Safety, which caters for younger children.
2.
Statistics
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Bonnytoun currently caters for 160 boys between the ages of 15 and 17 years.
During the first quarter of 2005, on completion of the renovation and furnishing of
an additional dormitory, the facility will be able to cater for 190 children.
3.
Education, Training and Recreation
Bonnytoun offers educational as well as social and life skills training. However,
these education and training programmes are not compulsory. The focus of the
education and training programmes is to stimulate the learners and to provide
courses that directly address their needs. This includes the provision of Adult
Basic Education and Training (ABET) programmes, basic numeracy training and
life skills training. Woodwork and other practical training programmes are also
offered to assist them in developing skills which will be of use when they leave the
facility. Bonnytoun has a library for use by the boys. Most of the books were
donated or acquired by financial donations.
Key issues and problems:
The Inter-ministerial Committee on Children at Risk recommended as early as
1996, that the Department of Social Development take responsibility for
providing education at the facilities run by this Department which include
Places of Safety. From 1 September 2004, the Department of Social
Services in the Western Cape took over responsibility for the provision of
education programmes at Places of Safety from the Department of
Education. Existing staff were given the option to remain with the
Department of Education and change schools or to be employed by the
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Department of Social Services and remain at Bonnytoun. Before this
transition, there were 11 educators at Bonnytoun. There are currently only 7
teachers remaining as a number of high calibre teachers took severance
packages. It is hoped that the vacant posts will be filled by January 2005.
The shift in responsibility from the Department of Education to Social Services
has resulted in discontent amongst educators formerly hired by the
Department of Education. Key concerns are around the process of transition,
as educators felt that they were not timeously informed of decisions in this
regard.
A concern was raised that the Department of Education has historically paid less
attention to facilities like Bonnytoun, which has operated on a small budget of
R40 000 per year. Instead of addressing the problem it has merely
transferred the problem to the Department of Social Services.
Many of the boys at Bonnytoun have not attended school for a long time, some
have worked in jobs already and others have even fathered children. This
provides a number of important challenges to educators. The educators at
the school have had no special training to cope with these specific problems
and have had to learn ‘on the job’ how to deal with youth at risk.
The curriculum of the Department of Education is not used at Bonnytoun mainly
due to practical constraints such as the fact that many of the learners stay in
the facility for short periods of time.
Bonnytoun does not have the capacity to offer schooling to all the boys at the
facility.
Currently the only practical training offered to the boys is woodwork but the
facility envisages being able to provide additional skills training such as
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plumbing, welding, bricklaying, needlework and computer training. Items are
currently not sold to the public but the facility is exploring this option.
4.
Care
There are 102 childcare workers and 4 control childcare workers at Bonnytoun.
There are 8 dormitories holding 24 youth each in Bonnytoun and each of these
dormitories are controlled by 3 child care workers at a time. There are 4 child care
worker shifts. Child care workers are responsible for providing emotional, physical
and spiritual care for the youth at the facility. They are also responsible for dealing
with challenging behaviour and for developmental supervision of the youth in their
care. All child care workers will be retrained in terms of the minimum standards in
line with the new service delivery model and new internal policies and programmes
will be developed and implemented to give effect to this approach.
There are currently approved posts for 5 social workers and 1 supervisory social
worker of which 1 social work post is vacant. Three additional posts have been
created for supervisory social workers.
There are 2 nursing staff at Bonnytoun. Children are taken to the doctor if they
require medical assistance as a doctor does not visit the facility. A working
agreement has been signed between the Department of Social Services and the
Department of Health with regard to cooperation with district surgeons who in
terms of new legislation are required in order to administer medicines. The nursing
staff mainly administer primary health care services. Medical problems reported
include syphilis. HIV testing is done only on request.
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Key issues and problems:
Bonnytoun makes attempts to ensure the reunification of children with their
families but relies on the assistance of the social services district offices
(social workers and probation officers) and non-governmental organisations
for this task. Communication problems between role-players have meant that
problems have resulted in this area. Corrective actions have been taken in
this regard to ensure holistic and collective response to this problem.
While the nursing staff focuses on primary health care they do not have any
primary health care training.
5.
Security
There are four security personnel under the auspices of the Department of Social
Services and eight private security personnel who provide security for Bonnytoun.
The perimeter of the facility is patrolled every half hour.
Key issues and problems:
Approximately 2-3 boys escape from the facility each week.
The perimeter fencing around the facility is made of barbed wire. There are a
number of unused beds laying close to the fence. These are used by the
boys to climb over the fence and escape.
6.
Gangs and drugs
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The prison culture of gangs exists within Bonnytoun. The boys at Bonnytoun are
allowed to smoke cigarettes. Drugs used by the boys in the facility include dagga
and mandrax.
Key issues and problems:
Family members and visitors of the boys are often responsible for bringing drugs
and other substances (such as ink for tattooing) into the facility. Searches
occur but these measures are not foolproof.
7.
Management, staffing and restructuring
The Department of Social Services is in the process of restructuring the childcare
services at its Places of Safety in order to develop a service delivery model that is
in line with a right-based approach. The four phased process consist of the
following:
Development of a Care Plan
Policy Development
Organisational Development
Implementation, monitoring and evaluation.
It is envisaged that by the end of 2005, the new approach should be fully
implemented. The effect of this restructuring means that Bonnytoun (as well as all
other Places of Safety) is in a transitional phase.
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Key issues and problems:
The manager of the centre was appointed in July 2004 in the capacity of acting
manager.
8.
Finances
Bonnytoun had a budget of R17,5 million for 2004/05. About 79% is spent on
personnel expenditure, 1% on capital expenditure and the remainder is used for
the needs of the youth at the institution including their clothes, transport and food.
Catering and cleaning services are both outsourced.
Key issues and problems:
The budget of the current cleaning service is R18 000 per month. The previous
clearing service cost R35 000 per month. Allocation of tenders rests with the
Department of Social Development and not with the facility. Even though
cleaning services are outsourced, the facility is still not particularly clean.
There are 6 cleaning staff for the facility.
According to the person responsible for finance, the facility has not been audited
for the last few years. The facility is in the process of aligning itself with the
requirements of the Public Finance Management Act.
C.
Recommendations
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The Portfolio Committee on Correctional Services makes the following
recommendations:
The Department of Social Services needs to dedicate sufficient time and
resources to fulfil its expanded mandate with regard to providing education at
the facilities under its control. There needs to be clear channels of
communication and collaboration between the Department of Social Services
and the Department of Education in this regard.
An area, which requires special consideration, includes curriculum development
for facilities of this nature that typically cater for short-term learners. The
continued assistance of the Department of Education, particular in curriculum
development and design is essential as this is their core function and area of
specialisation rather than that of the Department of Social Services.
A second area that requires special consideration is that of ensuring adequate
career pathing for teachers who will now fall under the auspices of the
Department of Social Services rather than the Department of Education. In
addition the Department needs to identify measures to attract skilled
educators to jobs in these facilities.
Education and training programmes for youth at the facility must be prioritised. It
is noted in this report that the facility does not have the capacity to offer
education and training programmes to all youth. In addition, the range of
training programmes is still limited. Measures should be taken to ensure that
all youth who want to access programmes are able to do so. In addition,
children of compulsory school going age should be compelled to study.
The Committee is seriously concerned at the apparent lack of security at
Bonnytoun. The Committee heard that it is possible for the boys to abscond
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from the facility virtually at will, and that it is even possible for drug dealers to
enter it to sell drugs. These matters obviously undermine the effectiveness of
the care and education of the boys. The Committee therefore recommends to
the Department of Social Development that urgent steps are taken
(1)
to improve the training, visibility and patrolling of the security staff,
(2)
to clear the perimeter area to ensure that nothing is lying around
that can aid escapes,
(3)
to pressurize the Department of Public Works to repair the fence
to ensure the perimeter is secure.
Appointment of permanent management staff. The management of the facility
has been in a state of flux for the last few years due to the restructuring
process. The appointment of permanent management staff has become
increasingly urgent in order to ensure effective implementation of the new
vision for the facility.
Family reunification is the cornerstone to ensuring a reduction in reoffending
behaviour. Improving the relationship and communication channels between
the management of the facility and external role-players such as probation
officers, social workers and non-governmental organisations is thus essential.
Measures must be taken to ensure that all staff are adequately trained to do their
respective jobs effectively. These include, for example, that the nurses are
trained in primary health care and that the teachers at the school are
provided with additional training on how to deal with children with special
needs.
According to the financial manager the facility has not been audited since
2002/03. According to correspondence with the Auditor Generals office, it is
common practice for the Auditor General to audit institutions of this nature on
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a rotational basis. Bonnytoun will apparently be audited in this financial year.
The facility must ensure that it has the financial systems in place in line with
the PFMA requirements.
The Portfolio Committee on Correctional Services requires a written report from
the Department of Social Services by the end of June 2005, on steps that
have been taken to address these concerns and recommendations.
D.
Conclusion
While the Portfolio Committee on Correctional Services has noted a number of
problems in Bonnytoun Place of Safety it is clear that in comparison to prison, this
facility offers a much better standard of care and protection for children in conflict
with the law. The Committee will submit a report on the conditions and findings in
Bonnytoun to the Department of Social Development. In addition, the Committee
will interact further with the Department of Social Development on their role with
regard to children and juveniles in conflict with the law as no child should be
behind bars.
Report to be considered.
3.
Report of the Portfolio Committee on Correctional Services
on Visit to Pollsmoor Juvenile Detention Centres on 15
October 2004:
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The Portfolio Committee having considered and adopted the above report on 15
November 2004, reports as follows:
A.
Introduction
Youth in prisons are the priority of the Portfolio Committee for this Parliamentary
Term. The Portfolio Committee received a briefing by the management of the
prison, visited the prison facilities and spoke to the offenders.
B.
Delegation
The following members of the Portfolio Committee on Correctional Services visited
the Pollsmoor Management Area on 15 October 2004:
Mr. D Bloem (Chairperson)
Ms. LS Chikunga (ANC)
Mr. S Mahote (ANC)
Mr MS Moathse (ANC)
Mr MJ Phala (ANC)
Ms SP Rwexana (ANC)
Mr LJ Tolo (ANC)
Mr J Selfe (DA)
Mr C Burgess (ID)
Mr S Swart (ACDP)
EPD 19 May 2005
C.
PAGE 155 of 204
Objectives
The objectives of the visits were to:
a
Determine the conditions under which young offenders are kept in Pollsmoor.
b
Communicate with the young offenders in order to identify the particular problems
facing the youth in Pollsmoor including access to education and training
programmes, recreational facilities and gang and drug related problems. The
length of time that Awaiting Trial Detainees (ATDs) spend in prison before being
sentenced is a central concern of the Committee.
D.
Findings
The following are the findings of the Portfolio Committee on Correctional Services
for Pollsmoor Management Area with respect to young offenders:
1.
Offender Statistics
The Pollsmoor Management Area consists of 5 centres. In total, Pollsmoor has
the capacity to accommodate 4 336 offenders but there are currently 7 795
offenders in Pollsmoor.
Children under 18 years are accommodated in B4 (sentenced children) and B5
(unsentenced children). The youngest offender in B5 is 13 years of age. Both
unsentenced and sentenced juveniles between the age of 18 and 21 years are
kept in Medium A. All females are kept in the Female Section. A worrying factor is
EPD 19 May 2005
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that many of the youth have committed minor offences such as stealing chocolates
or deodorant. The Portfolio Committee did not visit the Admissions Centre, which
holds all adult offenders. This Centre is the most overcrowded in Pollsmoor. It
has the capacity to hold 1 619 adult offenders and currently accommodates 3 989
adult offenders.
2.
Statistics
Centre
Status
Approved
Total number
Percentage
accommodation of offenders
overcrowding
84
118
140.47%
169
147
86.98%
Sentenced
B4
(under 18
years)
Unsentenced
B5
(under 18
years)
1128
Sentenced and
unsentenced
Medium A
unsentenced
1111
154.63%
590 sentenced
(18-21 years)
Total 1718
119
Sentenced and
unsentenced
Female
unsentenced
245
137.14%
217 sentenced
(all ages)
Total 336
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Key issues and problems:
a
More than half of the juveniles at Medium A indicated to the Committee that they
had been awaiting trial for over a year. Approximately 10 juveniles indicated that
they had been awaiting trial for over 3 years and a few indicated that they had
been awaiting trial for more than 4 years.
b
Many of the juvenile ATDs stated that they had limited or insufficient access to
legal aid.
c
A small percentage of juvenile ATDs (about 5%) stated that they were given the
option of bail but could not afford to pay the stipulated bail amount.
d
Many of the offenders stated that they did not know what plea bargaining was and
that this was an option if they were guilty of the crimes they had been accused of.
e
Most of the youth and juveniles stated that they do not receive visits from their
parents. This is particularly prevalent in the female section as Pollsmoor is the
only facility in the Western Cape for female juveniles and thus many of the parents
live far away from Cape Town. Families who come from far away require
accommodation while they are in Cape Town, which is expensive.
f
Some sentenced offenders said that they had the option of paying a fine or
imprisonment in their sentence but could not afford to pay the fine.
3.
Staffing Issues
Three new directors have been appointed for the Pollsmoor Management Area
including directors of corrections, development and care, and finance. This will
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increase support at area level. The Area Commissioner identified the need for
about 100 extra correctional officials for the prisons.
The entire shop steward council has been suspended following the 26 May
Industrial action. Hearings will be held soon. Key problems that have been
identified include the lack of discipline amongst some staff, and corrupt behaviour
such as the smuggling of drugs. The Area Commissioner stated that poor salaries
is no excuse for corruption.
4.
Education, Training and Recreation
Most of the youth at Pollsmoor do not attend any schooling or training programmes.
Key issues and problems:
a
Youth and Juvenile ATDs do not receive education or training and are locked up in
their cells for 23 hours of the day.
b
Only very few of the sentenced offenders go to school or are provided with training
opportunities. The sentenced offenders stated that they wanted to attend schools
but could not do so due to the lack of staff and facilities in Pollsmoor e.g. only one
cell can attend school at a time.
c
Offenders stated that there was little opportunity to participate in sports activities
and appealed that such facilities be made available to them.
5.
Care
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a
PAGE 159 of 204
The juvenile ATDs identified that they had limited access to social workers due to
a shortage of social workers at the prison.
b
Sentenced offenders also stated that they had limited access to social workers and
that this was particularly problematic as the Parole Board requires reports from the
social workers when considering release on parole.
c
Offenders complained about discipline by correctional officials and stated that
when one person misbehaved all of them were punished.
6.
Gangs and Drugs
Prison gangs such as the 28s and 26s are a serious problem in the prison. It was
stated by offenders that it is almost obligatory to belong to a gang in Pollsmoor in
order to ensure one’s safety and protection. ‘Franse’ (non-gang members) were
treated badly in prison and required to work for gang members by washing their
clothes and doing other chores. Some offenders stated that gangs provided
discipline and control within the prison.
Offenders stated that it is impossible to stop gangs within the prisons as they have
been in existence for a very long time and the traditions are passed on from
generation to generation. In addition, the gang culture is rife within the community
outside, especially within the Western Cape where there is a strong relationship
between civilian and prison gangs. Some offenders stated that because they have
little opportunities to keep busy in prisons by working or studying they have little
else to occupy themselves with other than gang business. At Pollsmoor gangs are
not recognised by the Management and attempts are made to discourage gang
membership. However the management of the prison has acknowledged that they
EPD 19 May 2005
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are not succeeding in diminishing gang activity as the problem is not only within
the prison environment but also reinforced by the external communities.
Drugs are widely available within Pollsmoor. Some are smuggled in by members,
others by offenders especially when they are escorted by the police to court cells.
This year 9 members have been arrested for drug smuggling within Pollsmoor.
Sometimes contractors working on the RAMP projects are also responsible for
providing drugs to the offenders.
Female offenders stated that there were no gangs in their section. However they
had access to drugs of all types within the prison.
7.
Independent Prison Visitor
The juvenile ATDs expressed concern that they could not resolve problems
through the Independent Prison Visitor (IPV). Some of the juveniles stated that
they did not fully understand the role of the IPV and that they had limited access to
his services.
E.
Recommendations
The Portfolio Committee on Correctional Services recommends the following:
a
The Committee will have an urgent meeting with the Legal Aid Board to discuss
problems which have been identified with regard to insufficient access of youth
and juvenile offenders to legal representation.
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b
PAGE 161 of 204
In addition, the Department of Correctional Services (DCS) has a responsibility to
ensure that all youth and juvenile offenders have access to legal aid and must take
steps to ensure on their side that all attempts are made to secure this access.
c
The Independent Prison Visitors at Pollsmoor must take all measures to ensure
that youth and juvenile offenders understand the role that they play and have full
access to their services when required.
d
The prison authorities must identify all cases, where the youth and juvenile ATDs
have been granted bail but cannot afford to pay this bail amount. The Committee is
of the opinion that it is important to divert youth that is not a danger to society. The
Committee understands that in some cases an ATD may have more than one case
against him or her and thus bail may be granted for one case and not another,
requiring the ATD to remain in prison.
e
The Child Justice Bill must be expedited as it will certainly assist young offenders.
f
The Committee would encourage the DCS to make schooling compulsory for all
sentenced offenders of school going age in line with the requirement of the
Correctional Services Act, No. 111 of 1998. This would also require the
prioritisation by DCS of facilities and educators for this schooling. In addition, as
many youth spend long periods awaiting trial, efforts should be made to ensure
that ATD youth of school going age have access to educational programmes.
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g
PAGE 162 of 204
The existence of gangs within the prison system must be openly acknowledged
and addressed by the DCS, especially with regards to younger offenders. The
Committee recommends that concrete steps are taken by DCS to address the
problem of prisons gangs. The Committee understands the problem of gangs in
terms of the fact that gangsterism stamps out rehabilitation in that it perpetuates
other problems within the prison such as rape, violence and drugs.
h
The Committee identified a case of a 14-year-old girl in Pollsmoor who was not
placed in the care of her mother because her mother did not attend her
sentencing. No attempt was made by the Pollsmoor management to contact her
mother. The Pollsmoor management should resolve this issue and report to the
Chairperson of the Committee on developments in this case.
The Committee will interact with the Department of Social Development to discuss
the role of this Department in caring for children in conflict with the law.
Report to be considered.
4.
Report of the Portfolio Committee on Correctional Services
on Visit to Prisons in the North West and Mpumalanga
Provinces, dated 15 March 2005:
The Portfolio Committee on Correctional Services having undertaken an oversight
visit to the North West and Mpumalanga provinces from 26 January 2005 to 04
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February 2005, considered and deliberated upon the above mentioned report,
reports as follows
A.
Introduction
In a meeting on 15 November 2004, the Portfolio Committee on CorrectionL
services decided to undertake an oversight visit to the North West and
Mpumalanga regions of Correctional Services.
B.
Delegation
The following members of the Portfolio Committee on Correctional Services visited
prisons in the North West and Mpumalanga Provinces between 26 January 2005
and 5 February 2005.

Mr. DV Bloem (Chairperson)

Ms. LS Chikunga

Mr. S Mahote

Ms. MW Makgate

Mr. MS Moatshe

Mr. LJ Tolo
The following Members submitted their apologies:
EPD 19 May 2005

Mr N Fihla

Mr MJ Phala

Ms SP Rwexana

Mr ET Xolo

Mr. J Selfe

Mr. C Morkel

Ms. S Seaton

Mr. B Biyela

Mr C Burgess

Mr S Swart

Mr I Mfundisi
C.
PAGE 164 of 204
Objectives
The objectives of the visit were to:

Identify the impact of overcrowding on conditions within prisons in the
region and on the working conditions of staff.
Meet with staff at all levels within the prisons to discuss staff concerns and
problems and identify possible solutions to these problems.
Highlight the importance of discipline and respect amongst staff.
Identify concerns around juveniles in prisons in the region.
Interact with the Independent Prison Visitors and the Legal Aid Board.
The Committee visited the following prisons in the region:
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D.
PAGE 165 of 204

Potchefstroom Correctional Centre

Mogwase Correctional Centre

Losperfontein Correctional Centre

Rustenburg Correctional Centre

Witbank Correctional Centre

Barberton Correctional Centre

Nelspruit Correctional Centre

Barberton Town Unit Centre

Ermelo Unit

Bethal Correctional Centre
Findings and recommendations
The following are the findings and recommendations of the Portfolio Committee on
Correctional Services:
1.
Overcrowding
Overcrowded conditions in prisons affect both offenders and staff working within
those prisons. The following table represents the percentage of overcrowding in
the 10 correctional centres that were visited by the Committee.
Prison
Approved
Accommodation
Actual Total
% Occupation
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Potchefstroom
867
1921
222.3%
Mogwase
572
1007
176%
Losperfontein
808
1151
142%
Rustenburg
628
1002
159.55%
Witbank
2138
2828
125%
Barberton
Max 845
1 593
191%
Med 631
787
124%
Med A 137
136
99.2%
Nelspruit
828
1467
189%
Barberton Juvenile
535
533
99.63%
Ermelo
512
415
-
Bethal
707
1236
161.52%
It is clear from the prisons visited that the level of overcrowding in the region is not
uniform and differs from prison to prison. The most overcrowded prisons visited
were Potchefstroom and Barberton, particularly the Maximum Section in Barberton
Correctional Centre. The current strategy in the region to deal with overcrowding
focuses on evening out the prison population by transferring inmates from more
overcrowded prisons and dispersing them amongst prisons that are less
overcrowded, as opposed to releasing inmates.
Comments and Recommendations
The Portfolio Committee on Correctional Services understands that the
Department of Correctional Services (DCS) cannot be held solely responsible for
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resolving the problem of overcrowding in prisons. All role-players in the criminal
justice system including the police, justice and social development have the
responsibility to address problems in their sectors that result in overcrowded
prisons.
In addition, long term solutions to the problem of overcrowding in prisons need to
focus on changing the sentencing practices of the courts, reducing the length of
time that cases take to be resolved and ensuring that police investigations are
completed quickly and effectively. However, in the shorter term, measures to
decrease the prison population need to be implemented as a matter of urgency.
The Committee recommends the following additional measures that should be
initiated in the shorter term to reduce overcrowding in prisons:
The DCS in conjunction with the Department of Justice should focus on
educating court officials on the importance of using the range of alternative
sentencing options available to them. The DCS should take responsibility for
explaining to court officials the effect of their sentencing choices on inmates
in prisons as well as on the staff of DCS and how overcrowded conditions in
prison increase the possibility of recidivism.
The DCS should redirect resources to enhance the Community Correction
Programme. This will assist in improving the confidence of court officials to
sentence offenders to supervision within the community.
The Committee supports intersectoral priorities to reduce the caseloads of
court officials and to improve police investigations to ensure more speedy
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resolution of cases which will shorten the length of time that Awaiting Trial
Detainees (ATDs) spend in prison.
All sentenced offenders who have appeared before the parole board and have
been given dates for release should be released immediately unless they are
serving sentences for violent crimes such as rape, murder and hijacking.
All ATDs who are accused of non-violent offences and who have been granted
bail of R1000 or less by the courts and not considered by the courts to be a
danger to society, but are unable to afford the stipulated bail amounts, should
be released.
All sentenced offenders who have been sentenced to short prison sentences of 6
months and under should have these sentences converted to correctional
supervision.
All sentenced offenders who have been sentenced to the payment of fines of
R1000 or less, and are in prison due to their inability to pay these fines,
should be considered for alternative sentencing.
1.1.
Intersectoral Communication
Inadequate intersectoral communication between the various components of the
criminal justice sector including the police, the courts and the prisons was
highlighted on the visit as a key barrier to resolving the problem of overcrowding in
prisons. Inadequate intersectoral communication results in numerous problems in
the region including:
Overcrowding in police cells. In the Klerksdorp management area, for example,
the police complained that the police cells are overcrowded with ATDs who
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have not been shifted to the prisons due to overcrowding in the Klerksdorp
and Potchefstroom Correctional Centres.
Independent Prison Visitors (IPVs) identified a number of problems which require
intersectoral solutions. These include the lack of information regarding the
progress on attempts to lodge appeals by offenders; the unwillingness by
prosecutors to prosecute cases initiated by inmates against the Department
of Correctional Service (DCS) officials or other inmates; and the fact that
South African Police Service (SAPS) officials arrest suspects before
investigating cases which increases the number of ATDs in police cells and
prisons.
Inadequate investigation by the SAPS of assaults and other incidents which
occur within the prisons grounds.
Many inmates do not know the name of their lawyers (especially those from the
Legal Aid Board). Inmates also stated that they did not want legal
representation as they are told by the lawyers to plead guilty.
In some of the prisons visited, the inmates do not know who the IPVs are or the
role that they play in the prison.
Some inmates identified racism in the courts as a factor leading to their
incarceration. Specific instances include racism in Court B in Witbank.
Comments and Recommendations
The Portfolio Committee understands that it is only possible to resolve the problem
of overcrowding in prisons by ensuring intersectoral solutions to the problem.
Communication between the various sectors including the DCS, the SAPS and the
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Department of Justice is thus essential. The DCS must take responsibility for
ensuring the effective functioning of cluster committees at all levels.
The Committee recommends the following in order to ensure adequate
intersectoral communication:
The DCS Regional Office must be held accountable for ensuring the effective
functioning of cluster committees on regional and area level.
IPVs and the Legal Aid Board representatives must be included in cluster
committee meetings on regional and area level.
In addition, the Judicial Inspectorate must take responsibility for ensuring that the
IPV and Legal Aid Board representatives at each prison meet regularly to
discuss cases and problems.
The cluster committees should investigate whether all ATDs in police cells need
to be there or whether they can be released using the available mechanisms.
Those ATDS who require incarceration in prison should be shifted from the
police cells to the prisons by moving prisoners within the management area
from overcrowded to less overcrowded prisons.
1.1.1.
The Independent Prison Visitor
The IPVs at each of the prisons must identify all cases where prosecutors have
refused to prosecute cases initiated by inmates and resolve this problem in
the cluster committees.
IPVs together with the prison authorities should identify and report on all cases of
ATDS (with first priority in this regard being given to juveniles in prison) who
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have been granted bail but have not been able to pay the bail amounts.
Those who have been given bail of R1 000 and under for minor offences
should be released. In addition, a review of the provisions of Section 63A of
the Criminal Procedure Act are necessary to address this problem.
IPVs together with the prison authorities should identify those ATDs who have
been awaiting trial for more than 1 year (with first priority in this regard being
given to juveniles) and discuss these cases with the legal representatives in
order to identify the reasons for the delays.
1.1.2
The Legal Aid Board
(a) Legal Aid Board lawyers should carry cards and supply these cards to
inmates with their names and contact details.
(b) Legal Aid Board representatives must visit the prisons on a regular basis to
address inmates on their role and function and to explain the plea bargaining
process and the Heads of Prisons should keep records of such visits.
(c) The Department of Justice should address the concerns raised by the Legal
Aid Board representatives with regard to poor payment for cases.
(d) The representative of the Department of Justice on the regional cluster
committee must investigate the accusation that a magistrate in Witbank
denies bail to accused, including juveniles, based on racial grounds.
1.2
Ratio of staff to inmates
The ratio of staff to inmates varies according to the extent of overcrowding in the
prisons. Overcrowding has meant that, in many of the prisons, the ratio of staff to
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inmates at any can be very abnormal. One of the implications of the high ratio of
inmates to staff means that correctional officials are unable to effectively secure
the safety of inmates. In addition, shortages of staff also means that staff is unable
to provide inmates with effective programmes and training opportunities as there
are insufficient staff to guard them during these activities. This also affects the
ability of staff to modify their approach from that of providing security to that of
ensuring rehabilitation.
The following table illustrates the number of staff in each prison in comparison to
the number of inmates.
Prison
Staff (filled)
Inmates
Weekend
Potchefstroom
218
1 921
97
Mogwase
153 (approved and
1007
112
1 151
135
financed)
142 (filled)
Losperfontein
266( approved and
financed)
66 (vacant)
Rustenburg
150 (filled)
1 002
53 (financed)
Witbank
746
2828
191
Max: 186
1593
146
Med: 164
787
66
Med A: 48
136
25
709 (filled)
37 (vacant)
Barberton
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Nelspruit
164
1 467
106
Barberton Juvenile
117 (30 vacant)
533
79
Ermelo
83
415
42
Bethal
180
1 236
106
The policy of the DCS is that staff numbers are dependent on the approved
accommodation and cannot be modified in terms of the level of overcrowding in
the prisons. Thus more staff cannot be hired when prisons are overcrowded.
Comments and Recommendations
The shortage of staff in prisons militates against the ability of DCS to effectively
rehabilitate inmates. In addition, high levels of overcrowding and the fact that staff
numbers are not increased to deal with more inmates is a major factor in the
declining morale of staff. The Portfolio Committee recognises that improving the
ratio of staff to inmates can only be achieved by reducing the level of overcrowding
in prisons.
(a) Consideration should be given by DCS to making the policy on staff more
flexible to allow for more staff to be hired in prisons that are identified as
chronically overcrowded.
(b) Changing DCS from a 5 to a 7-day establishment should include the
provision that staff numbers on the weekend do not decrease dramatically.
2.
Staff concerns
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The Portfolio Committee met with both management and staff in all of the 10
prisons to discuss key concerns and problems, which militate against their ability
to function effectively in their work environment. Managers and staff highlighted
concerns and also identified solutions to these problems. Most of the problems
identified were common to all 10 prisons. The following are some of the key
concerns highlighted by managers and staff:
2.1
Acting Posts
The process of restructuring was due for completion in 2004 and yet staff identified
that there are still numerous problems with regard to the filling of posts. In some
cases, people are appointed to posts that have been identified as critical and yet
have not been financed. This means that they are not paid the acting allowance
that would be allocated to a financed post. Questions were raised by staff as to
why such posts are identified as critical if they are not been prioritised financially.
Unfinanced posts cannot be filled permanently and this results in numerous people
filling acting positions for long periods of time, which is contrary to the policy of the
DCS.
According to the Regional Office many posts have been advertised in this region
and there is momentum to fill these posts permanently.
Comments and Recommendations
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The Regional Commissioner has committed himself to ensuring that those people
filling acting posts, if deemed suitable, are made permanent if these posts are
approved and financed.
The high number of people filling acting positions in the DCS is unacceptable to
the Portfolio Committee. The Committee strongly believes that no persons should
be filling acting positions for longer than the 3 months as laid out in the policies of
the DCS. If posts have been identified as critical then they must be financed and
filled on a permanent basis.
(a) The Portfolio Committee requests that the Regional Commissioner provides a
list of all acting posts to the Committee within a period of 3 months after
tabling of this report and identifies what action has been taken to get these
posts filled permanently.
(b) The DCS Head Office will be called in to account to the Committee as to why
numerous critical posts have not been financed and to identify whether in the
2005/06 budget this problem has been addressed and sufficient funds made
available to fund critical posts.
2.2
Shortage of Professional Staff
The shortage of professional staff within prisons hampers the ability of DCS to fulfil
its stated mandate of rehabilitation. For example, Potchefstroom Correctional
Centre has only 1 social worker to serve 1 921 inmates. The shortage of social
workers is especially problematic, as it is a requirement that an inmate must
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consult with a social worker before appearing before the parole board. The
shortage of social workers means that parole hearings are often delayed.
The DCS can take more than 2 years to fill vacant posts, which is extremely
problematic particularly when professional posts such as nurses, pharmacists and
social workers are concerned. Often, by the time the DCS has offered the posts to
these candidates, they have already accepted other jobs.
Poor salaries and difficult working conditions for professionals have been identified
as key reasons for the inability of DCS to attract and retain professional staff. The
need to offer improved salaries for professionals was identified as a priority by
staff.
Comments and Recommendations
It is essential that there is sufficient professional staff within DCS in order to
effectively implement the rehabilitation approach. Implementation of the White
Paper, which outlines this focus, is impossible, without the support of a range of
professionals.
The Portfolio Committee requires a report by DCS, within 3 months after adoption
of this report, on:
(a) Developments to improve the salaries of all categories of professional staff
employed by DCS to ensure that they are recruited and retained by the
Department.
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(b) Measures which have been initiated to speed up the recruitment process for
professional staff.
(c) Strategies to improve the recruitment and retention of professional staff
including scarce resources such as psychologists as well as social workers,
nurses and teachers.
(d) Identification of those correctional centres across the country which at the
time of tabling of this report have vacant social worker posts, highlighting
those centres which have no social workers at all and an explanation of what
measures have been taken to address this problem.
2.3
Health Care
Legislation and policy requires that nurses within the DCS are trained in primary
health care and have dispensing licenses. However, many nurses complained
that due to the shortage of nurses, they were not sent on training courses to
acquire these qualifications.
The slow process of medical release of terminally ill inmates has meant that in
many cases seriously ill inmates die before their release is secured. In Klerksdorp
Prison, for example, over 5 inmates died in the prison during the period June to
December 2004 without successfully securing their release.
A concern was highlighted regarding the release of inmates diagnosed with
HIV/AIDS as it was felt that if they were released and received antiretroviral
treatment they may recover and recommit crimes.
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The shortage of nurses is exacerbated by the perception that the workload of
nurses has increased with the advent of HIV/AIDS. The shortage of nurses means
that in cases where there is only one nurse for the facility and when the nurse is on
leave, correctional officials are tasked with distributing medicines and providing
care to the patients.
The growing number of inmates affected by HIV/AIDS in prison was identified as a
key concern. Nurses stated that many of the public hospitals are still making it
impossible to ensure that infected inmates get access to antiretroviral treatment.
In addition, the fact that DCS does not have its own doctors (though 7 posts have
been advertised) and face a shortage of nurses, means that effective monitoring of
infected patients (required for the treatment process) is impossible.
The lack of a regional coordinator on HIV/AIDS as prescribed by the DCS
HIV/AIDS policy was identified as a concern.
Comments and Recommendations
The Portfolio Committee is concerned about the high number of seriously ill
inmates with HIV/AIDS seen in the prisons on this visit.
The Committee recommends the following:
(a) While the Portfolio Committee recognises that the shortage of nurses means
that it is difficult to release nurses for training, it is vital that nurses are
protected and practice within the requirements of the Nursing Act, No. 50 of
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1978 as amended. The Committee recommends that DCS investigates the
possibility of sending nurses to part-time training in primary health care and
obtaining dispensing licenses.
(b) An HIV/AIDS coordinator for the region, as prescribed in the policy document,
must be hired as a matter of urgency.
(c) Head Office must take responsibility (together with the Regional
Commissioners and the Area Commissioners) to ensure that the Department
of Health fulfils its responsibility of ensuring that inmates have access to ARV
treatment. Barriers to the acquisition of ARV treatment must be identified and
solutions to this problem addressed, in conjunction with the Department of
Health. The DCS must submit a report identifying barriers to access to
treatment and solutions to the problem to the Portfolio Committee within 3
months of tabling of this report.
(d) The Portfolio Committee requests a report on the policy and procedure
regarding release of terminally ill inmates from DCS within 3 months of
tabling this report. The report should identify barriers to effective
implementation of the policy and detail solutions to these problems.
2.4
Promotion
A moratorium was placed on promotions on 01 July 2001. During the visit, staff
identified the lack of upward mobility as a key factor in demotivating members.
Staff also feels that there is no incentive for them to study while employed by DCS,
as there is no link between further studies and promotion. The reason cited for
resistance to insignia is that staff feels that management have ‘climbed up the
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ladder and then kicked the ladder down’ and thus the wearing of insignia only
brings home the fact that staff on the ground can never get promoted.
Comments and Recommendations
The Portfolio Committee recognises that the absence of a promotion policy within
the DCS is one of the key factors that has led to the decline in staff morale.
The Portfolio Committee will call the DCS in to explain why there has been a
moratorium on promotion for so many years and to outline to the Committee what
steps have been taken to address this problem and what time frames and
deadlines have been established.
2.5
Incentives and Recognition
Staff complained about lack of incentives for staff to embark on post qualification
studies while employed by DCS, the lack of recognition for completed studies, for
long service, and on retirement.
In addition staff stated that merit awards were often given to the same individual
for up to 5 consecutive years. Staff felt that the assessment process was not
objective as it relies on the ability of staff to write and communicate effectively,
rather than on an objective assessment of how well they perform their work
functions. Staff requested that management explain clearly the criteria on which
assessments are based.
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Many of the staff members who have worked in the DCS for over 10 years stated
that they were concerned that their salaries were less than those of newly
appointed members. They stated that they are not financially rewarded for long
service.
Comments and Recommendations
The low morale of staff was a feature of all the prisons visited on this study tour.
While many of the problems faced by staff are more difficult to rectify, the problem
of lack of incentives and recognition for ongoing good work or past service is not.
The provision of incentives for post basic qualifications acquired by staff while
employed by DCS are important in order to motivate staff to continually improve
themselves and thus provide a better quality service. In addition, recognition of
long service and acknowledgement and thanks on the retirement of staff are
important rewards for service. It is only courteous to thank staff on retirement after
long periods of service. The DCS should explore innovative and creative ways of
rewarding and acknowledging staff. If financial constraints are a problem, then
rewards may even be non-monetary, outside funding could be found to fund
tokens of appreciation or the skills of prisoners within workshops could be
harnessed in this regard.
The Committee recommends the following:
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(a)
PAGE 182 of 204
The DCS should consider changing the personal assessment system
to a performance-based assessment system to ensure a fairer and
more objective system to assess the performance of staff.
(b)
The Portfolio Committee requests a report from DCS within 3 months
after tabling this report, on steps that it will take to ensure that staff
are motivated to perform effectively including measures that it will take
to improve the assessment process and to reward staff for long
service or ongoing good work.
2.6
Overtime
The DCS is currently functioning as a 5-day establishment, which means that work
during the weekend is paid out as overtime. Due to financial concerns with
overtime payments (and a decision by National Treasury to cut the overtime
budget) as well as additional benefits that will result, it is necessary for the DCS to
move to a 7-day establishment.
Staff complained that they are only paid for 3 out of 4 days of overtime taken. The
fourth day can only be compensated for by a leave day. Leave can only accrued
for a period of 12 months after which it is forfeited. Staff feel that they would prefer
to be paid for work that they do rather than be given leave as compensation. In
addition, they raised concerns that the shortage of staff means that other staff
members suffer when staff take leave that is owed to them in lieu of overtime pay.
Staff also stated that the shortage of staff on weekends posed a security risk to
both staff and inmates.
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The key problem identified by staff is that there is insufficient communication by
Head Office with members on the ground on this issue. Members are afraid that
they will take a drop in salary and want to know if this is the case, so that they can
plan for this eventuality. Other concerns raised related to Resolution 1 of 2004
which allows for members to be paid at a lower level for weekend work than they
get paid during the week.
Comments and Recommendations
The Portfolio Committee supports the decision to move from a 5-day to a 7-day
establishment. However, at the same time it is clear that the concerns of staff
around a decrease in take home pay that will result from this change need to be
taken very seriously by DCS management.
The Committee recommends the following:
(a)
The DCS must communicate directly with staff on the ground on this
sensitive issue, to explain the process that will be embarked upon to
implement a 7-day establishment, the effect that this will have on
members and the pay that they take home each month.
(b)
The Portfolio Committee will interrogate the DCS management on the
financial implications of the move to a 7–day establishment during the
budget process, especially with regard to the effect on individual
members.
(c)
Resolution 1 of 2004 should be reconsidered.
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2.7
PAGE 184 of 204
Communication
Staff within DCS is not adequately informed on key issues and developments
within the Department. The staff feels that they are not heard within the
Department and that there is no un-confrontational platform to make their views
heard and understood. In addition, it was clear that problems, which should be
communicated and resolved at local, area and regional level, are not effectively
addressed. Staff feel that they are not timeously informed by management on key
issues that effect their work, such as developments with regard to overtime, and
that they thus need to rely on the unions for this information.
Generally, the Minister of Correctional Services who is seen to be antagonistic to
staff concerns and problems.
Comments and Recommendations
The reliance on DCS on communication in written form does not seem to be
effective, especially when staff have serious problems with the changes that are
occurring around them and that impact on their work and their lives.
The Committee recommends the following:
(a)
A structured process must be urgently put in place at all levels within
DCS to ensure effective communication between management (on
national, regional, area and local prison level) and staff at prison level.
This process should include regular opportunities for representatives
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from Head Office, the Regional Office and the Area Offices to meet
with and talk to staff on the ground to discuss key issues that affect
working conditions. Verbal communication is important and written
memorandums should not be identified as the key component of
communication. In addition, staff must be given the opportunity to
discuss and identify their concerns in a non-threatening environment
and management needs to take these concerns seriously and identify
constructive ways of addressing them.
(b)
The DCS must report to the Committee within 3 months of tabling of
this report, on problems that they have identified with regard to
communication with staff on the ground and steps that they have
taken or will be taking to address this problem.
(c)
Staff has recommended that speeches by the Minister of Correctional
Services be broadcasted live in all centres.
2.8
Medical Aid
In the past, medical aid for staff was fully subsidised. Due to a number of financial
concerns, including the fact that staff was abusing the scheme, a decision was
made to change the medical aid to a partially subsidised scheme. This has meant
that all staff now have to pay a proportion of the medical aid monthly payments.
Staff has identified concerns, including that they had not budgeted for medical aid
payments and that the premiums have resulted in their taking less money home
than previously. In addition, staff feel that while they are now paying for this
service they are not receiving sufficient benefits in return and that, in many cases,
the scheme has very limited allocations for various health areas.
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Comments and Recommendations
The DCS must identify problems with regard to the new medical aid scheme and
report to the Committee within 3 months after tabling of this report on steps
that have been or will be taken to address these problems.
In addition, the DCS top management must take responsibility for effective
communication on this issue and for ensuring that staff on the ground is
aware of DCS initiatives to improve the medical aid provision.
2.9
Education
Teachers in many of the prisons visited complained about the shortage of
classrooms and teachers, which means that they are only able to deliver education
and training courses to a limited number of inmates.
Comments and Recommendations
The provision of educational and training programmes at prisons has been
identified by the Portfolio Committee as a key component of rehabilitation, and
especially important in terms of young offenders of school-going age.
The Committee recommends the following:
(a)
The DCS must report to the Portfolio Committee on completion of its
investigation into the feasibility of making educational programmes
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compulsory for all youth of school going age as both the Correctional
Services Act, No 111 of 1998 and the South African Schools Act, No
84 of 1996 provides for compulsory schooling for juveniles of schoolgoing age.
(b)
The Regional Commissioner should provide a report to the
Committee, within 3 months after tabling of this report, identifying
shortfalls in teachers and classrooms for all prisons in the region, with
a specific focus on shortages that effect youth of school-going age.
(c)
The Portfolio Committee will call the DCS in to account during the
budget process for 2005, on financial constraints in providing
educational and training programmes for offenders, in line with their
objective of rehabilitation.
2.10 Community Corrections
Members involved in community corrections complained about lack of staff and
vehicles, which hampers their ability to monitor parolees and probationers
effectively. It was identified that at least one of the community correction offices on
the study tour did not have even one vehicle at the time of the visit to use for
monitoring probationers or parolees.
Staff in community corrections raised the concern that the training that inmates
receive in prison is discontinued when they enter community corrections.
Comments and Recommendations
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The Portfolio Committee believes that the community corrections component of
DCS needs to be prioritised and capacitated as it offers an important alternative to
imprisonment and could greatly assist in decreasing overcrowding within prisons.
It is presently under resourced and that is identified as a major reason that
magistrates refuse to use this option when sentencing offenders.
The Committee recommends the following:
(a)
The DCS must ensure that community corrections offices have the
basic tools to do the job effectively, which includes sufficient vehicles
for monitoring parolees and probationers as well as adequate person
power. The Regional Commissioner must report to the Committee
within 3 months of tabling this report on key shortages in the region
and measures that have been taken to rectify these shortages.
(b)
The Portfolio Committee will interrogate the issue of improving the
budget for community corrections in the budget process of 2005.
(c)
The DCS should investigate strengthening links with the Department
of Labour when inmates are transferred to community corrections with
the goal of ensuring that training opportunities for parolees and
probationers can be continued while they are under the community
corrections programme.
2.11 Disciplinary Process and Grievance Procedure
Staff identified a perceived bias in disciplinary hearings, particularly by
chairpersons of the hearings. In addition, staff complained that they are not
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allowed to have legal representation at disciplinary hearings (they are allowed to
be accompanied by union officials) while the DCS has the assistance of legal staff.
In cases involving inmates, inmates are allowed to have their lawyers present but
staff is not.
Staff felt that they were not receiving feedback on grievances lodged to the
department and that grievances were taking too long to reach Head Office.
Comments and Recommendations
The Portfolio Committee believes that the internal disciplinary process within DCS
is an important tool for reinstating discipline and respect within the Department and
that all measures should be taken to ensure that these processes are effective, fair
and acceptable to both staff and management. The Committee supports the call
by DCS Head Office to hold managers accountable for checking on the quality of
investigations during disciplinary processes and to subject lenient decisions to
automatic review.
The Committee recommends the following:
(a) Chairpersons of hearings should receive intensive training on how to manage
hearings of this nature fairly and objectively.
(b) The issue of allowing legal representation for staff at disciplinary hearings is
valid and should be negotiated in the appropriate forum, such as the
Bargaining Council.
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2.12 Transport
Many members complained that DCS does not provide transport for staff, which is
especially problematic for night shift workers, those working in rural areas and
those living in newer extensions that are far away from the prison.
Comments and Recommendations
While the Portfolio Committee recognises that the provision of transport to staff
has budgetary implications, it is clear that when there is no or limited public
transport system available and when it is dangerous for staff to travel at night, the
DCS should ensure that transport is available to staff to ensure their safety.
a. The Regional Office should audit all prisons in the region to assess
the status of the transport problem and identify those prisons where it
is necessary for DCS to provide transport. The Regional
Commissioner must report to the Committee within 3 months of
tabling this report on the status of transport within the region (i.e.
which prisons provide transport to members) and whether there are
prisons in the region that qualify to be provided with transport by DCS
and yet do not do so.
2.13 Implementation of the White Paper
It has been identified that the ability of staff to implement aspects of the White
Paper, such as the requirement to move from a security to a rehabilitation model
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and the implementation of unit management, is constrained by inadequate
facilities, high levels of overcrowding and insufficient number of staff. Many staff
members raised the concern that the policy requires a movement to a
rehabilitation approach but that security concerns remain the priority as there are
insufficient resources made available to implement rehabilitation, even in identified
Centres of Excellence2.
Low morale of staff was identified as an additional constraint to implementation of
the White Paper. Staff are demotivated due to a number of fundamental concerns
including the fact that they feel that they are losing financially (as a result of
increases in payments to the medical aid scheme, low annual increases and the
reduction of overtime payments), the longstanding moratorium on promotion and
the lack of incentives for good service.
Staff felt that the DCS has spent a lot of money developing policies which are not
implementable.
Comments and Recommendations
The Portfolio Committee supports the DCS approach to phase in implementation
of the White Paper by piloting it in identified Centres of Excellence. However,
there is some concern that staff, even in these identified Centres, do not believe
that they have the facilities or other resources to implement the requirements of
the White Paper. Of more concern to the Committee is the widespread apathy of
2
The DCS has identified 36 prisons countrywide as Centres of Excellence to pilot implementation
of the White Paper.
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staff toward implementation of the approach of the White Paper which will require
dedicated, committed and motivated staff for its success.
The Committee recommends the following:
(a) The DCS must provide the Committee with the White Paper as amended
by Cabinet as well as the costed implementation plan within 2 weeks of
tabling of this report.
(b) The DCS must provide the Committee with detailed information, within 3
months of tabling of this report regarding the criteria for deciding on the
36 Centres of Excellence around the country and an outline of the staffing
(including professional staff), facilities and additional resources made
available to the Centres of Excellence to implement the White Paper
requirements.
2.14 Compliance with the Correctional Services Act
Staff at many of the prisons stated that they were unable to comply with various
sections of the Correctional Services Act, No. 111 of 1998 particularly in relation to
mealtimes for offenders. Some prisons serve three meals a day but cannot serve
the evening meal after 4pm, due to staff shortages. Other prisons still only serve 2
meals a day - supper and lunch are served together and inmates take their supper
back to their cells.
Comments and Recommendations
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While it is understood that overcrowding in prisons and staff shortages militates
against the ability of staff to comply with the requirements of the Act, it is essential
that DCS comply with the legal requirements, which have been agreed to in
Parliament.
The Committee recommends the following:
(a) The DCS must ensure that the necessary resources are available in each
and every prison to ensure compliance with the mealtime requirements of
the Act.
(b) The Regional Commissioner must provide the Committee with a report
detailing which prisons in the region comply with both the number of
meals and the time frame between meals requirements. The report
should identify those prisons that do not comply and provide reasons for
this lack of compliance.
(c) The Portfolio Committee will interrogate the issue of financial constraints
to compliance with the Act in the 2005 budgetary process.
2.15 Transfers
Many staff members identified that they had been placed to work in prisons far
from their hometowns and that they had applied for transfers to prisons closer to
their hometown.
Comments and Recommendations
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(a) Recruitment should be nation wide but placement after training should take
into consideration proximity to the areas in which people come from.
(b) Resolution 7 was applied to match and place persons but needs to be
revisited administratively to ensure that members of staff are placed closer to
their hometowns.
2.16 Bagless prison policy
Staff stated that the bagless policy is not applied equally to all levels of staff and
that female staff members are not provided with facilities to store their handbags,
the contents of which may be needed during a working day.
Comments and recommendations
(a) Accessible lockers for the storage of handbags should be made available in
all prisons.
(b) The Head of Prison is responsible for ensuring that the policy is applied
equally to all staff in the prison, including management.
2.17 Assistance to staff
Some prisons such as Losperfontein, for example, stated that they do not have an
Employee Assistance Programme (EAP) at the prison to assist staff with personal
and work related problems.
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The Regional Commissioner gave his assurance that an EAP officer will be
deployed to Losperfontein as soon as possible.
Comments and recommendations
(a) The Regional Commissioners must give a report to the Committee within
3 months after tabling of this report, identifying which prisons in the region
do not currently have EAP officers, identifying the reasons for this as well
as proposed solutions.
2.18 Danger Allowance
Members complained that, according to policy, danger allowances are paid for
staff working with maximum sentenced offenders but that staff that work with ATDs
do not get paid this allowance even though the ATDs with whom they work may be
extremely dangerous.
In addition, some staff suggested that the danger allowance be increased. It was
also suggested that families of staff killed in the line of duty receive a substantial
lump sum payments such as the R200 000 payment given to the SAPS in these
circumstances.
Comments and recommendations
(a) The DCS must review the policy on danger allowances and report back to
the Committee on this issue within 3 months of tabling of this report.
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2.19 Recreation and clubs
Members complained that money was deducted from their salaries for recreational
clubs that were not functioning. The recreational clubs were stopped without
entering into discussions with members. Members have been unable to get their
contributions back from these funds.
Comments and recommendations
(a) The DCS must give urgent attention to recreation and club facilities for
members.
(b) The Committee requests that the Regional Commissioner address the
problem of contributions and ensure that members receive their money
back, and must report to the Committee within 3 months after tabling of
this report, on action taken in this regard.
2.20 Basic working conditions
Staff at a number of prisons visited complained about the lack of basic facilities to
ensure that their jobs could be completed effectively and without undue hardship.
These complaints included, for example, the lack of toilets for members in the
courtyard at Barberton Town Centre, and the lack of toilets or lighting for those on
guard duty at that same facility.
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A number of commitments were made by the Regional Office to address these
problems. These include:
(a) The problem of lack of lighting and toilets for staff in Barberton Town Centre.
(b) The lack of an ambulance at Barberton Town Centre.
(c) Incomplete security fencing at Ermelo Correctional Centre.
Comments and Recommendations
A number of problems highlighted at the visit could be resolved relatively easily by
the relevant management tiers in DCS. The Committee is concerned that action is
only taken by the various levels of management in the region when visited by the
Portfolio Committee.
(a) The Regional Commissioner must report to the Committee within 3 months
after tabling of this report on what steps have been taken to rectify the
problems mentioned above.
(b) In addition, the Regional Commissioner, together with the Area
Commissioners and Head of Prison, must report to the Committee within 3
months after tabling of this report with regard to what processes have been
put in place to ensure that problems of this nature are quickly rectified,
without it being necessary for action to be taken only after a visit by the
Portfolio Committee.
3.
Discipline and respect
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The Portfolio Committee is concerned about the lack of discipline and respect
amongst some correctional officials. Ill-discipline has serious consequences for
the effective running of the Department and can even result in corruption such as
abetting inmates in escapes and smuggling illicit substances into the prisons.
During the visit, staff acknowledged the problems of ill-discipline and disrespect
but also forwarded that the problem of ill discipline amongst staff has a number of
causes. Some stated that respect and discipline are not part of the training
curriculum for staff, which means that new recruits come into DCS with little
understanding of how to behave appropriately in the DCS context. In addition, it
was noted that some members in senior management positions are themselves illdisciplined and come to work late or drink while on duty, which means that staff do
not have appropriate role models to emulate.
Comments and Recommendations
The Portfolio Committee recognises that the problem of ill-discipline and
disrespect amongst staff needs to be handled holistically. The Portfolio Committee
expects staff and management to show mutual respect toward each other.
However, the Committee also believes that all instances of ill-discipline must be
severely dealt with and that concerns that staff have with their managers, should
be raised in the appropriate forums.
The Committee recommends the following:
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(a) The training curriculum for new recruits should include basic training on
expected standards of behaviour within the DCS including the protocol with
regard to communication with superiors and procedures for dealing with
disputes or problems.
(b) A recommendation was made by one of the staff members on the visit that
some form of intelligence unit should be established within the DCS that
would have a number of purposes. The key function should be to identify and
collate intelligence around inmate activity that could be a threat to security but
a secondary and related function would also be to collate intelligence on
corrupt practices of staff. The Committee recommends that the DCS
investigate the possibility of developing a unit of this nature and reports to the
Committee within 3 months after tabling of this report on its findings in this
regard.
(c) Strong action must be taken against ill-disciplined staff members and the
internal disciplinary process must be strengthened to ensure this and be
improved to ensure fairness within the process.
4.
Juveniles
During its visit, the Committee identified the following problems with regard to
juveniles:
(a) Staff members are unclear about the status of the draft youth policy and
raised the concern that this draft policy lacks specific guidelines for staff on
how to handle juveniles appropriately.
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(b) During the visit, the Committee was surprised that a very high number of
juveniles are in prison serving sentences for rape. In Rustenburg
Correctional Centre, it was stated that about 70% of all juveniles were serving
sentences or awaiting trial for rape.
(c) As there is no correctional centre for youth in the Northern Cape, many of the
juveniles are taken to prisons in other provinces, such as Rustenburg
Correctional Centre in the North West Province, which are far away from their
homes and family. It is thus impossible for them to receive visits from family
and friends. In addition, youth (and other offenders) are sent to prisons in the
areas where they have committed the offence, rather than to prisons in the
area in which they live, which again means that it is rarely possible for them
to receive visits from family or friends.
(d) Staff members noted the importance of ensuring that juveniles under the age
of 18 years attend school and raised concerns that juveniles are allowed to
choose whether they want to participate in education programmes. In
addition, concerns were raised that due to the shortage of teachers and
facilities, even those juveniles who want to attend educational programmes
cannot always do so.
(e) Some juvenile sections and facilities identified a dire shortage of social
workers, psychologists, educationists and medical staff. At Barberton Town
Centre, which is a facility for juveniles, for example, there is not one social
worker at the facility, as the post is vacant.
(f) A number of sentenced juveniles were identified in the prisons (for example,
in Witbank Correctional Centre) with very short sentences of under 6 months,
some of who had even had the option of a fine but could not afford to pay.
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Comments and Recommendations
The Portfolio Committee believes that youth especially those under the age of 18
years do not belong in prison. The Committee supports the commitment by
President Mbeki, in the State of the Nation Address to ensure that the number of
children housed in prison is drastically reduced. This should occur primarily
through diversion from the criminal justice system but also by ensuring that there
are sufficient alternative care facilities in the country for those children who require
placement in these facilities.
However, the Committee also believes that out of all offenders, it is those young
offenders who are incarcerated in prisons that could be most successfully
rehabilitated to ensure that they do not recommit crimes on release. Young
offenders should thus be targeted for access to educational, training and treatment
programmes.
The Committee also feels that those young offenders accused of non-violent
crimes who are deemed by the courts not be a threat to society, as illustrated by
the fact that they have been granted bail of R1 000 and under, but who are in
prison as they could not pay the stipulated bail amounts should be released.
The Committee recommends the following:
(a) Youth should be transferred to prisons in the area in which they live rather
than in the areas where they committed the crime in order to facilitate
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continued contact with family, which is an essential component of
rehabilitation.
(b) The DCS should explore the feasibility of establishing a youth correctional
centre in the Northern Cape, to ensure that young offenders from this
province remain close to family and friends.
(c) Both the Correctional Services Act, No 111 of 1998 and the South African
Schools Act, No 84 of 1996 provides for compulsory schooling for juveniles of
school-going age. Some correctional centres lack the facilities and resources
to provide such compulsory education. The Portfolio Committee urges the
DCS to take progressive steps to ensure that the provisions of the law in this
respect are adhered to, and requests that the DCS report on the
implementation of these steps on a regular basis.
(d) The Area Commissioner for Barberton must prioritise the appointment of a
social worker for Barberton Town Centre.
(e) The Regional Commissioner must report to the Committee, within 3 months
of tabling of this report on identified shortages in all juvenile centres with
regard to professional staff including teachers, trainers, social workers,
psychologists and health care professionals.
(f) The Portfolio Committee requests a report from each prison visited on steps
that have been taken with regard to juveniles identified with short sentences
or option of a fine who were earmarked on the visit for release. These
include about 7 juveniles at Witbank Prison sentenced to 3 months
imprisonment.
5.
Mother and Baby Care
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The Committee visited a number of mother and baby units in the various prisons
during the visit. While in some cases, such as at the Ermelo Prison, it seemed as
if the quality of care and stimulation given to the babies and young children who
are kept with their mothers in prison was of a very high standard, considering the
context, in other prisons, such as at the Nelspruit Prison, this was not the case. In
one case it was noted that a child of 5 years still remained with her mother in the
facility. Of even more concern was the fact that the children at this facility were
seldom taken out of the prison to explore the outside world and did not attend
crèche outside of the prison. This is of particular concern in that apparently the
offer of a crèche had been made available to the prison, but had not been taken up
by the relevant management.
(a) Babies and young children who stay with their mothers in prison should be
taken outside of the prison on a regular basis to experience the outside world.
(b) All children above the age of 2 years old should go to crèche outside of the
prison. The prison management must take responsibility for liaison with the
community in which the prison is suited to make arrangements of this nature.
(c) The Regional Commissioner must give a report to the Committee within 3
months of tabling of this report detailing the number of babies accompanying
their mothers in prison in the region and outlining which of these children
attend crèche and which of them get taken out periodically to experience the
outside world. The report should identify the ages of each child. The report
should also identify steps that will be taken to ensure that children receive
adequate stimulation both within the prison environment and outside of
prison.
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D.
PAGE 204 of 204
Conclusion
In conclusion, the Portfolio Committee on Correctional Services has gained more
appreciation and insight into the difficult conditions under which DCS staff work,
exacerbated by overcrowding and the lack of adequate resources. The lack of
communication between various levels of management and staff in this region is of
serious concern and must be addressed immediately, as it negatively impacts on
the effective functioning of the correctional centres. The Portfolio Committee on
Correctional Services will monitor measures to implement the recommendations
outlined in this report and will meet with the Regional Commissioner responsible
for the North West, Limpopo, Mpumalanga region within 6 months of tabling this
report, to discuss progress on implementation of the recommendations.
Report to be considered.