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TUESDAY, 14 FEBRUARY 2012
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PROCEEDINGS OF THE NATIONAL ASSEMBLY
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The House met at 14:00.
The Speaker took the Chair and requested members to observe a moment
of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.
NEW MEMBERS
(Announcement)
The Speaker announced that the vacancies which occurred in the
National Assembly owing to the passing away of Mr L J Tolo, Ms M N
Magazi and Mrs M N Matladi had been filled by the nominations of Mr
B M Bhanga with effect from 1 December 2011, Ms M C C Pilane-Majake
with effect from 18 January 2012 and Mr I S Mfundisi with effect
from 25 January 2012 respectively. The Speaker said that the House
would, in due course, consider a motion of condolence in respect of
the late Ma Matladi, but that in the meantime he would like to
convey the House’s condolences.
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The Speaker further announced that the vacancies which occurred
owing to the resignations of Mr P J C Pretorius, Mr A M Figlan and
Mr M J Ellis had been filled by the nominations of Mr S Esau, Mr E H
Eloff and Mr M R Sayedali Shah, respectively, with effect from 1
February 2012.
The vacancy which occurred owing to the resignation of Mr D K
Mataboge had been filled by the nomination of Mr J K Moepeng with
effect from 6 February 2012.
The members had made and subscribed the oath or solemn affirmation
in the Speaker’s office.
DEBATE ON PRESIDENT’S STATE OF THE NATION ADDRESS
The SPEAKER: Hon members, I have received a copy of the President’s
address delivered at the Joint Sitting on 9 February 2012. The
speech has been printed in the Minutes of the Joint Sitting. I now
wish to invite the hon Chief Whip of the Majority Party to speak.
[Applause.]
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, hon President,
hon Deputy President and distinguished members of this House, I have
chosen to speak on celebrating 100 years of selfless struggle and
intensifying the fight against the triple challenge of inequality,
poverty and unemployment.
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Hon President, we wish to commend you for yet another inspiring and
visionary state of the nation address. Your speech, which was
followed by millions of our people across the country, was
characterised by clarity and conviction, and indeed gave South
Africans a reason to believe, to hope, to be optimistic that a
better life for all is possible. It raised confidence in the future
of this country and gave an encouraging picture of a government that
is sensitive and alive to the urgent needs of the people. It
demonstrated a nation at work, holding hands to eradicate
unemployment, inequality and poverty.
Thank you, hon President, for giving this nation a reason to believe
that a better future is indeed possible, that a better South Africa
is here. Your speech was indeed a fitting tribute to the 100 years
of the glorious liberation struggle, which South Africans, united in
their diversity, are celebrating this year. It made the transition
from 100 years into another century palpable.
Hon President, on Saturday South Africa and the world recalled and
celebrated the release of our icon, Nelson Mandela, from prison,
marking the beginning of a negotiated settlement that produced our
constitutional democracy. We congratulate your government and the
Reserve Bank on the honour bestowed upon the father of the nation,
Nelson Mandela, on Saturday by using his face on all bank notes.
[Applause.] As Parliament, we shall celebrate his release and that
of other political prisoners, together with Media Monitoring Africa
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and other stakeholders, when we celebrate our Constitution and
declare 20 February to 25 February “Constitution Week”.
The release of Nelson Mandela and other political prisoners makes
February a South African history month worthy of annual celebration.
This will assist our youth and children not to forget where they
come from and the sacrifices which were made to give us the freedom
we enjoy today. We want to use this opportunity to once again assure
the father of the nation that, in the ANC, our constitutional
democracy continues to be in good hands.
The ANC is the author and guardian of this Constitution. We shall
continue to safeguard the fundamental freedoms of all South
Africans, both black and white. Constitutions the world over are
dynamic and subject to review. It is in recognition of this fact
that this Parliament established the Constitutional Review
Committee. This does not derogate from the commitment of Parliament
and the executive to uphold and enforce the Constitution. The ANC
fully supports the foundation that Madiba laid for nation-building
and social cohesion.
At the 10th anniversary of the Sowetan’s nation-building initiative,
Madiba awakened us to the challenges ahead in definite and emphatic
terms, and I quote:
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Our nation-building efforts must undo the effects of three
centuries and more of colonialism and racism. Many years will be
needed to achieve the equitable redistribution of wealth to which
we aspire. But having made a good start, the challenge now is to
increase the pace of delivery to further better the lives of the
people. We can face that challenge with confidence. By joining
hands, South Africans have overcome problems others thought would
forever haunt us. As we destroyed apartheid, so too can we defeat
poverty and discrimination if we are united. Our confidence
derives from the fact that South Africa is a country rich not only
in natural resources but, above all, in its people.
Since your inauguration in May 2009, hon President, you have always
had a clear vision and mission, informed by the wisdom of the
founders of our democracy. Your 2012 state of the nation address
provides the road map for the country and a comprehensive plan to
address the triple challenge of inequality, poverty and
unemployment. This is the product of a disciplined mind, consistent
work and adherence to revolutionary values and principles.
Regarding progress made, this journey began in 2009 when the ANC
decided to focus on five priorities. These are education, health,
rural development and agrarian reform, taking forward the fight
against crime, and creating decent work. Although the ANC did well
on these priorities, it remained concerned with poverty and
unemployment; hence it declared 2011 a year of job creation through
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meaningful economic transformation and inclusive growth. Your
administration introduced a New Growth Path that guided its work in
achieving these goals.
Working within the premise that the creation of decent jobs is at
the centre of your economic policies, you directed government
departments, including the provincial and local government spheres,
to align their programmes with the job creation imperative. You also
embraced research findings, in terms of which jobs could be created
in six priority areas, including infrastructure development,
agriculture, mining and beneficiation manufacturing, the green
economy, and tourism.
From the outset, you recognised that colonial oppression and
apartheid degraded and dehumanised black people in general and
Africans in particular. Thus, in June 2009, you told this House that
the recovery of the humanity of all people had been a guiding tenet
of the ANC for the many decades of its existence. You went on to
say:
It will be a central feature of our shared efforts over the term
of this government, because we know that working together, we can
do more to build a great South Africa. Decent work and a steadily
improving quality of life are essential for the recovery of the
humanity of all our people. So too is empowerment through access
to quality education and skills development. Safe water,
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affordable energy, decent shelter, and cohesive, secure and
vibrant communities are similarly all important for the recovery
of this humanity ... Central to this recovery of our humanity is
also the need for access to economic opportunities and to earn a
living.
Your linkage of the recovery of the humanity of all people and the
five priorities of government demonstrated that your administration
is rooted in the revolutionary morality of the founders of our
movement.
The 2009 decision to establish the National Planning Commission
revealed a desire for a holistic approach to the triple challenge of
inequality, poverty and unemployment. The release of the National
Development Plan coincides with and reinforces the National
Infrastructure Development Plan, which is a road map for the country
and the plans outlined in the state of the nation address. This
provides further evidence of your vision and resolve to make this
country work.
The ANC agrees with the President that despite progress made, the
triple challenge of inequality, poverty and unemployment persists.
With regard to the roots of the triple challenge, the seeds of this
triple challenge can be traced back to the forcible dispossession of
land and its natural resources by colonialism and the introduction
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of racially discriminatory laws in both state and church
institutions after the establishment of the racist, white
supremacist Union of South Africa in 1910. The ANC was established
by intellectuals and traditional and religious leaders on
8 January 1912 to respond to this colonial onslaught against African
people.
The dispossession of African people of their land was consolidated
by the 1913 Land Act, which allocated 87% of the land to the white
minority. The confinement of African people to native reserves under
this law, the adulteration of the institution of traditional
leadership and of Christianity, followed by the creation of
Bantustans during the 1970s, entrenched the inequalities, poverty
and structural unemployment that the ANC inherited in 1994.
Soon after your inauguration in 2009, Mr President, your government
made the correct determination in that the challenges facing the
country could not be overcome through piecemeal planning, and took a
decision to establish the National Planning Commission that has just
produced a National Development Plan informed by our Constitution.
The ANC welcomes this National Development Plan, which also singles
out the triple challenge for consideration. Your determination, Mr
President, that higher growth and job creation are the solutions is
spot on.
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Since your inauguration in 2009, you have adopted a holistic
approach to the challenges inherited from the apartheid colonial
system. This approach is consistent with the character of a
developmental state that has a responsibility to lead and guide the
economy and to intervene in the interests of the poor.
Informed by this responsibility, your administration launched the
New Growth Path framework and identified job drivers as
infrastructure development, tourism, agriculture, mining,
manufacturing and the green economy. Pursuant to this plan, you
declared 2011 the year of job creation and transformation of the
economy and mobilised social partners, including business, labour
and the community sector, to work with your administration in
implementing the New Growth Path. This confirmed your commitment to
the recovery of the humanity of all South Africans and the creation
of a prosperous society.
The ANC fully agrees with you that by mainstreaming job creation and
strengthening social dialogue and co-operation among government,
business, labour and the community sector, you laid a sound basis
for nation-building and social cohesion. The announcement of a
massive infrastructure development plan and the invitation to the
nation to partner with government in this drive will effectively
address the triple challenge of inequality, poverty and
unemployment. The drive to develop a knowledge economy will enhance
the efficiency of your infrastructure development plan by producing
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the skills necessary for government to work harder, faster and
smarter.
With regard to co-ordination and implementation of programmes, the
co-ordination and integration of plans inherent in the Presidential
Infrastructure Co-ordinating Commission calls upon Parliament and
political parties to ensure that it is driven as a national project
worthy of support by all of us. This plan is a national issue that
requires the co-ordination and integration of multiparty oversight
work.
In this regard, we are happy to announce that the parliamentary
oversight authority has agreed to strengthen and resource the
multiparty Chief Whips’ Forum as an integral organ of Parliament.
This will enhance the oversight role of Parliament and ensure the
successful implementation of the presidential infrastructure
development plan. The multiparty Chief Whips’ Forum will also
establish an interparliamentary Chief Whips’ Forum, which will bring
together provincial legislatures and councils to ensure co-ordinated
and integrated oversight on government.
For our part, as the ANC, we will capacitate our one-stop centre
parliamentary constituency offices to enable them to drive regional
and local people’s assemblies. This new approach to constituency
work will strengthen and entrench social dialogue and co-operation
among government, business, labour and the community sector.
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The presidential infrastructure plan, including its social
infrastructure project, will benefit the poorest of the poor and
bring them into the mainstream economy. In terms of this plan,
government could renovate unutilised and underutilised buildings in
towns and townships and make them available for skills development,
cultural industries and cultural tourism. This local economic
development initiative could be strengthened by government’s support
for the development of marginalised and diminished heritages,
languages and indigenous knowledge systems in order to unlock the
full potential of historically disadvantaged communities. The plan
could also enable cultural industrialists and small businesses to
gain access to the markets.
The development of the African heritage and the indigenous knowledge
systems, IKS, could position South Africa as one of the motivating
forces of the African cultural renaissance. In this regard, the
Mapungubwe cultural landscape, connecting South Africa, Botswana,
Zimbabwe and other Southern African Development Community countries,
could contribute to Nepad’s, the New Partnership for Africa’s
Development, regional and infrastructure integration agenda through
the proposed Mapungubwe heritage route, connecting the SADC
countries.
The intercultural regional integration through the Mapungubwe
heritage route would combat tribalism, xenophobia and Afrophobia, as
well as regionalism, and enhance African unity and co-operation. The
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improvement of the infrastructure at the Mapungubwe heritage site
and support by SADC governments and parliaments of annual cultural
festivals at Mapungubwe and related heritage sites are critical for
the advancement of the African cultural renaissance and Nepad’s
regional integration agenda.
The ANC welcomes the convening of a presidential infrastructure
summit and the proposed social pact and dialogue. We trust that the
community sectors, especially organised interfaith bodies, the
institution of traditional leadership and organised traditional
health practitioners will be invited. The newly established National
Interfaith Council of SA, Nicsa, has already begun preparations for
the desired national dialogue.
Regarding the recognition of wars of resistance and the role of
women in them, the undertaking of heritage projects is critical for
nation-building and social cohesion. Therefore the prioritisation of
memorial sites, including the Pondo Revolt, the sites of the
frontier wars, the 1913 revolt by African women in the Free State
and the 1957 antipass revolt by women in Zeerust, will reshape our
history and correct the distortions of the past. Women and
traditional leaders should indeed be recognised for their roles in
the context of our selfless struggle for equality, freedom and
justice for all - both black and white South Africans.
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The prioritisation of memorial sites in recognition of women, in
particular, deals a deadly blow to the perspective in our society
today that there has always been inequality between women and men,
and that women have always been subjects and were led by men. This
perspective, as you correctly observed, hon President, is a product
of the rise of a patriarchal society, which seeks to project women
as subordinates of men.
In Southern Africa we have examples of the contrary. We have Queens
Nzinga of Angola, Nehanda of Zimbabwe, Manthatisi and Modjadji of
South Africa. The Modjadji dynasty has ruled from 1800 to date and
participated in the wars of resistance and the Anglo-Boer War, now
known as the South African War, of 1899 to 1902.
Women like Charlotte Makgomo Manya played an active role in the
formation of the ANC and attended the founding conference of the
ANC. But, as you correctly observed, hon President, little is said
about these great women in the form of acknowledging their role and
contribution in advancing the struggle of our people, in general,
and the women’s struggle, in particular. Charlotte and her husband
established the Wilberforce Institute, named after Wilberforce
University in the United States. The building built in 1892 remains
neglected and dilapidated in Evaton.
We thank you for reawakening us to the value of our identity and
heritage because a people without identity, history and heritage
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loses its self-knowledge, self-worth, self-esteem, a culture of
self-help and self–reliance and the will for development and
progress. The recovery of these values is what South Africa needs
for the character-building of our youth and the creation of a
productive and prosperous nation.
In conclusion, we welcome the initiative by our government to ensure
that the Khoisan people and their indigenous knowledge are brought
into the mainstream of this nation. I thank you very much.
[Applause.]
The LEADER OF THE OPPOSITION: Mr Speaker, hon President,
distinguished guests, hon members, in our country today we often
talk about two South Africas: the rich and the poor, the white and
the black, the rural and the urban, and many more besides. These
stories reflect divisions in our past that, until now, we have been
unable to properly bridge.
But, today, while we are reflecting on the state of our nation, I
believe we should be talking about how the South Africa we live in
differs from the South Africa we dream about.
In the South Africa we live in we face hard realities. Millions of
our people lack the means to live lives of their own choosing,
communities are brutalised by violent crime, the burden of disease
robs our citizens of opportunities, and young people without
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education or employment wake up day after day to a gaping void of
hopelessness. In the South Africa we live in our problems are all
too real and they grow bigger every day, their solutions moving
further from our grasp.
But we do not have to accept this. I do not want to live in a South
Africa in which you are locked into a particular kind of life
forever, simply because you were born into it. And I believe there
can be an alternative; another country of our making.
My fellow South Africans, our best years are ahead of us, and the
party that I lead in Parliament offers a vision to get us there.
[Interjections.] [Applause.] People are wounded in postapartheid
South Africa, and it is difficult to focus on the future when the
pain of the past can still be felt today. But as much as the past
has shaped us, we cannot keep living in it. We need avenues to the
future. So, our vision is to heal us.
Our history does not just remain in the past; it speaks to us and
informs our decisions. And so we must be guided by our history, but
not imprisoned by it. Our vision is to free us.
Our inability to achieve real reconciliation through economic
redress is at the heart of our national discontent. Our vision is to
build that opportunity. To bring people together, we need to build a
bridge across the divide between privilege and poverty that divides
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our people along racial lines. We have to help people where they
need it and provide real opportunity that will break down these
inequalities. When we do that, we will achieve a real and lasting
reconciliation. But our vision will mean little if a DA government
does not offer the means to reach the future. [Interjections.]
Mr Speaker, I stand here today as the proud new leader of an
opposition which is also a government-in-waiting. [Interjections.]
[Applause.] Over the coming months and years, we will exercise
oversight ... [Interjections.]
The SPEAKER: Order! Order, hon members!
The LEADER OF THE OPPOSITION: ... draft legislation and hold the
governing party accountable for its outcomes. We will speak for the
millions of South Africans whose voices have gone unheard in
Parliament, and we will sketch for every one of them a picture of a
growing and prosperous South Africa under a DA national government.
Siyazi ukuthi sibhekene nezingqinamba eziningi eziqondene
nobugebengu, ukungaphephi nezinye zokuhlukumezeka nodlame.
Ngiyacabanga ukuthi ngezindlela eziningi lokhu kuhlupheka
emphakathini kugxile ekuswelekeni kwamathuba emiphakathini yethu.
Yize noma kunjalo, siyazi ukuthi zikhona ezinye izimbangela zalezi
zinkinga. Siyazi ukuthi ngubugebengu obenza imiphakathi yethu
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ihlalele ovalweni. Lokhu kwenziwa wukungaqini kwezinhlaka ezibekelwe
ukusivikela. (Translation of isiZulu paragraphs follows.)
[We know that we are faced with many challenges with regard to
crime, such as safety, abuse and violence. I think that in so many
ways, this suffering in the community is due to a lack of
opportunities for our communities.
Even though it is like that, we know that there are other causes of
these problems. We know that it is crime that makes our communities
live in fear. This is caused by the weak structures that are meant
to protect us.]
We cannot hope to keep our streets safe when the shadow of
corruption stalks the highest levels of our Police Service. We
cannot take the fights to the criminals that plague us when we lack
experienced management at all levels of our Police Service. And we
cannot hope to have an effective service that complements an open
and free democracy when our police are militarised in name and in
their actions.
South Africans will not feel safe until they hear an honest
discussion about crime at the highest levels of government, nor will
they have confidence in our health system, let alone a National
Health Insurance scheme, until we face the fundamental problems that
threaten it. This is because the problem in health is not the
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principle of access. The problem in health in South Africa is that
our existing network of care is not adequately managed. What we need
are competent and professional hospital managers who are not
accountable to a bureaucracy, but to the hospitals themselves.
Real accountability and professionalism will go a long way towards
addressing the deficiencies in health care. If these capacity
problems are not addressed, our health care system will deteriorate
even further, with or without an NHI, and it will be the poorest
South Africans who suffer. So our vision is to address their plight.
To implement a real programme of redress that will build
reconciliation and change our society, we must also have the tools
of change at our disposal. To do that, a DA government will focus on
the two things that can truly create opportunity: education and the
economy. [Interjections.] These two are intertwined, as is the case
with our failure or success as a country.
Since the consolidation of our democracy, much has been achieved in
education. We have historic levels of access, a standardised
curriculum for all our learners, regardless of race, and truly
exceptional levels of budgetary investment year on year. But as much
as we have invested, education is seldom the vehicle for opportunity
that so many of our children need it to be. Too many of them become
lost in a system that seems to have a measure of failure hardwired
into it.
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South Africans don’t have to live in the country if they choose not
to. I don’t believe that we should just celebrate access. We should
celebrate children completing their education. Over a million
learners enrolled for Grade 1 in 2000, but only half that number
wrote matric last year, and just over 348 000 passed. That means
just 33% of the children who started school in Grade 1 finished
matric. Why is this? In disadvantaged schools teachers work on
average three and half hours a day, compared to six and a half hours
in advantaged schools. In disadvantaged schools, a fifth of the
teachers are absent on Fridays and almost 30% of students are taught
maths by teachers with no maths qualifications. If we compromise on
our children’s education, we accept a two-tiered school system as an
unchangeable fact of life.
Education is the only way out for most people who want to work to
have a better life than the one they were born into. I do not
believe that we should accept that there will always be schools that
are terminally dysfunctional or that there will always be some
teacher who will not or cannot teach. There should be no such thing
as compromising a child’s future. So our vision is not to
compromise.
Because education is the foundation of an economic strategy that
seeks to build opportunity, I believe that we should give schools
that are performing more power to manage their own affairs. We will
direct maximum resources to the first three years of schooling and
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ensure that there is compulsory testing of learners in Grades 3, 6
and 9. We will maximise resources spending on schools that have gone
without for decades, supplying them with text-rich content and
books, delivered on time, before using money on bloated
administrative functions. And we won’t just make schools a place
where our children are evaluated. They need to be taught by people
who demonstrate not only their capacity, but also their passion for
education. We will give those with this calling that chance.
Mr Speaker, most teachers deserve our thanks for their dedication
and the work that they do. But just as teachers have rights, so do
children. Our government will pass legislation that will respect
teachers’ right to strike, but subject them to certain limitations.
Before a strike can happen, there will need to be consultation and
agreement between the government, the unions and the school
governing bodies.
In education, we need partners who are truly willing to help our
children, every step of the way. So we won’t forget about the
majority of teachers who want to be part of our pact for the future.
But in the dream of our future, fixing schools is just one part. If
we can ensure that our children get the best education they possibly
can, then we must ensure that they can enter an economy where they
can find a job.
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In several ways South Africa’s economy has flourished in the
democratic era, free of the shackles of sanctions, restricted trade
access and warped internal economic policies. But the country we
live in today has some very harsh economic realities.
We applaud any gains in the fight against unemployment and real
indicators that show victory in this struggle. However, an expanded
definition of unemployment, which includes those that have given up
looking for work, shows that more than 100 000 jobs were lost last
year. Furthermore, the last decade has produced only 624 000 jobs,
meaning that total employment has increased at a rate of just 0,5%.
This means that the rate of job creation would need to rise by
nearly 10 times in order to meet the most optimistic projections of
job creation for the end of the decade.
In contrast, one of our fellow Brics countries, Brazil, has an
unemployment rate five times lower than ours, while we continue to
experience lukewarm economic growth. Last year we grew at 3,4%,
while Africa, the continent we claim to lead, experienced a growth
rate of 5,5%. Countries in our region, like Angola and Botswana, are
growing at 9,4% and 7,8%.
I believe that South Africa’s major challenge lies in its
competitiveness. We are less efficient than many of our emerging
market competitors. Turkey, for instance, withdraws more value out
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of every rand from taxation than we do. Other governments simply
develop higher returns.
In addition, South African labour is uncompetitive. Labour
productivity is much lower than the rest of the developing world.
Our competitiveness has slipped in key sectors like mining,
agriculture and manufacturing. In mining, especially, we are not as
profitable or as desirable as elsewhere in Africa. So, in the midst
of a commodity price boom, we saw investment in the mining sector
drop. Expensive and highly regulated labour kills competitiveness
and it kills jobs. And increased state intervention in the economy
bloats the public sector and creates inefficiencies.
A commitment to intervention for intervention’s sake means that we
have too many voices saying too many things. If investors wanted to
predict what South Africa’s economic policy was going to look like
in three years’ time, they would have to consult the New Growth
Path, the National Development Plan, the Industrial Policy Action
Plan 2 and the budgeting process, and try to understand the many
contradictions between them.
I propose that we take our economy from being an average performer
with massive potential to one that capitalises on our advantages to
grow faster and assume the economic leadership role in Africa that
we should have.
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As part of our vision for South Africa, we will ease labour-market
entry to include voluntary exemptions for designated economic areas.
This will create a competitive niche entry point for first-time
workers. Complementing that strategy, we would introduce a targeted
youth wage subsidy for job seekers between 18 and 29 years old,
earning below the personal tax income threshold.
Opportunity will also be spread to those wishing to start their own
businesses. We will create a one-stop shop for business
registrations where prospective entrepreneurs may register a company
name, lodge their documentation with the Companies and Intellectual
Property Commission and register with the SA Revenue Service, Sars,
and the Department of Labour.
Mr Speaker, opportunity must take stock of those who have been
systemically and historically disadvantaged. One of the ways to do
this is to ensure that there is true financial redress for those who
were blocked from accessing economic opportunities in the past. That
means making economic empowerment truly broad based. I think that
our current model, which relies on arbitrary quotas, has done little
more than expand the size of the financial elite by creating a
special category of beneficiaries who can access economic
opportunities again and again.
Our vision is to do more to help the average worker become an owner
of capital. That means building into contracts the need for real
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partnerships between business and employees and incentivising share
ownership across the economy.
Dr C P MULDER: Hon Speaker ...
The SPEAKER: What point are you rising on, sir?
Dr C P MULDER: I would like to know if the hon Leader of the
Opposition will take a question. [Interjections.]
The SPEAKER: Will you take a question?
The LEADER OF THE OPPOSITION: I will not.
The SPEAKER: She will not take a question. [Interjections.] Order,
hon members! The question was not addressed to you. Please proceed.
The LEADER OF THE OPPOSITION: Our vision is to do more to help the
average worker become an owner of capital. That means building into
contracts the need for real partnerships between business and
employees and incentivising share ownership across the economy. And
we will invest in infrastructure. This investment, when coupled with
a sound financial strategy and real capacity in implementing agents,
is the best way that the state can create the economic-enabling
environment for growth.
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But I think that we should also realise that the state cannot be the
final determinant in the economy and that, as much as we invest in
infrastructure, the state cannot have a holistic plan for every
sector, especially when it is marred by incapacity. As such, a DA
government will replace the current Industrial Policy Action Plan 2
with a streamlined industrial development and growth strategy that
would focus on specific activities rather than on whole sectors,
create targeted financial incentives for new enterprises and develop
a dedicated venture capital fund.
We will address one of the most divisive legacies of our past: the
legacy of the 1913 Land Act. We know that people who once made their
living off the land were driven from it and forced into an economy
for which the compounding sin of Bantu education deliberately
provided limited skills. But land reform in our country is not
working because of the incompetence and incapacity of the very
institutions that are supposed to drive it. Our vision is to make
right that wrong.
We will use the mechanisms at our disposal to create truly diverse
rural ownership. And that diversity, again, is not about empowering
a segment of society that is already empowered. It is about giving
new opportunities to those who are without resources and who want to
farm.
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Somlomo, lo mbono omuhle uzonyamalala uma sizicabangela thina sodwa,
singasebenzeli umphakathi nezwe lethu. [Ubuwelewele.] [Speaker, this
good vision will vanish if we only think of ourselves, and not work
for the community and our country. [Interjections.]]
The SPEAKER: Hon members, order!
The LEADER OF THE OPPOSITION: Umbono wethu uzobuyisa isithunzi
ekusebenzeleni kwethu imiphakathi. Isithunzi esizokwakhiwa ukuthi
sibe nomdlandla wokusebenzela umphakathi, hhayi ukuzibonelela thina.
[Ubuwelewele.] [Our vision will restore the dignity of the
communities by working for them. This dignity will be built by being
determined to work for our communities, and not only by looking
after ourselves. [Interjections.]]
As the custodians of the state, we will ensure that we limit
opportunities for corruption. As public servants we should be an
embodiment of what is best about those among us who want to work
towards the future, faithfully and honestly. That doesn’t mean
having the courage of our convictions only for the television
cameras; it means working every day with integrity.
Key to our vision will be bigger penalties and better enforcement of
punitive clauses in the Public Finance Management Act. We will
introduce a National Business Interests of Employees Act to ensure
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that the partnership between the state and business is not through
the businesses of those who work for the state.
The South Africa that we want is not born of false promises. Our
vision will end the expectation that some generations will be lost.
We will only be satisfied when we know that our children will have
more tomorrow than we do today. The government must empower, not
prohibit. It must provide opportunity, not encumbrance. We do not
have to resign ourselves to this country that we live in today.
When we start accepting that we have the means to realise our
deepest hopes and ambitions, we can make the country of our dreams a
reality. That is the vision we offer South Africa today. We demand
the future that we dreamed of in 1994 and, in our future, we will
make it together. I thank you. [Applause.]
Ms L JACOBUS: Hon Speaker, on a point of order, please!
The SPEAKER: What point are you rising on?
Ms L JACOBUS: I am rising on a point of order in respect of the
reference to the hon Mazibuko as the Leader of the Opposition. The
hon Mazibuko and all the other ...
The SPEAKER: Hon member, that is not a point of order.
[Interjections.]
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Ms L JACOBUS: No, it is a point of order, Speaker. [Interjections.]
The SPEAKER: Take your seat, hon member. [Interjections.] It’s not a
point of order. Please proceed, Mr Lekota.
Mr M G P LEKOTA: Mr Speaker, I hope that you’ll remember that minute
that she took from my time. Thank you, sir.
Hon President, Deputy President and hon members, the National
Development Plan identified a number of key problems that our
country needs to deal with if it is to advance.
We are particularly attracted to the identification of the question
of poor education as impacting negatively on skills development in
the country. Our own approach is that, unless South Africa can
transform its human resource element, unless we can transform the
lives of many of the citizens of our country who are not only
unemployed but unemployable, we will not be able to tackle
effectively the triple challenge of poverty, unemployment and
inequality.
Mr President, we had hoped that a major part of the government’s
approach on this question would focus effectively on dealing with
this question of training and education. For very many centuries,
African people in this country have been denied opportunities of
access to education and training, therefore making them less
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effective and less productive than what the country required them to
be.
This is a singular issue that we need to address more than any
other, because unless we indeed address it, we will not be able to
expand the economy, we will not be able to make our people capable
of dragging themselves out of the poverty trap, the backwardness and
the squalor in which they find themselves. It is important that we
return to this issue.
This is not to say, Mr President, that the issue you raised on
infrastructure development is not of any significance. It is
important. All it can do at the moment is arrest, for a certain
period of time, the deterioration and perhaps assist in keeping
stability, but it does not eliminate the fact that we continue to go
deeper into a crisis of the unemployable and unemployability, which,
at one stage or another, will simply not be controllable by us as a
country. So, I would like to say that it is important that we should
return to and revisit this issue from time to time.
This issue of unemployability, Mr President, is vital. A number of
the social tensions that we are faced with in our country today have
to do with unemployability. Many people that come to this country
from other countries, especially from our continent, come armed with
abilities and skills that our citizens don’t have. When, therefore,
they are taken in by the market, this leaves a bitter taste in the
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mouths of our own citizens who feel that their African brothers and
sisters coming into this country are taking their jobs, because it
is not immediately clear to them that this happens simply because we
have not dealt with this incapacity to be able to take advantage of
the opportunities which our country presents them with.
I would also like to say, Mr President, that you announced a very
interesting and attractive programme of infrastructure development.
Indeed, you spoke to the issues of the development of dams, roads
and so on. These are vital investments and areas of work, because
not only do you invest, but you are also able to realise returns in
the years that lie ahead from such investments. At this time, when
South Africa’s deficit has grown to more than 3,5% already, we need
investment that will give us returns because the money we have
borrowed we have to pay back tomorrow. If we invest in investment
that will give us returns, we place ourselves in a position in which
we can meet the challenges of paying those monies plus the interest
on it.
But there is a category of the investment you announced that I am
not sure exactly how we are going to deal with. Is that also going
to come from the expenditure for this year? You announced the
investment in celebrating our history, building statues and graves
and so on. These are very important elements of our history because,
like all nations, we must do something about these issues.
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Nevertheless, the question that I would like to pose is this: At a
time when our deficit has grown and is growing at the rate at which
it is, is the timing right? If we are borrowing money and investing
it in those enterprises that are consuming and not giving returns,
it has the effect of deepening our deficit. Is this the right
timing? Our study and our look at some of the expenditure patterns
of various other countries is that they tend to prioritise these
issues in years in which their economies are performing very well
and when there is surplus after national expenditure for year after
year. Then you will have a surplus that you can apply to these
consumptives or projects. It seems that we may perhaps get more
light shed on this from the Minister of Finance when he indicates
how much of our expenditure will go towards infrastructure that
gives returns afterwards, as opposed to infrastructure that will
not.
One of the issues we think needs a clear explanation from the
President when he responds to our speeches relates, of course, to
the issue of the youth subsidy scheme. You announced an amount of
R5 billion to subsidise youth employment. The whole nation is now
aware that, as things stand, there is a problem, because organised
labour is concerned that such subsidisation will encourage employers
to go for subsidised youth.
On the other hand, there is the problem of organised labour that may
find that it is neglected and even dismissed. This tension seems to
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be the issue that has contributed to objections being raised by
organised labour and the leaders of organised labour in that this
scheme should not be implemented. I thought that you would be able
to say something to us, Mr President, on this issue. Will we see the
expenditure of this R5 billion in a manner in which it will answer
this problem and ensure that we are able to benefit from the R5
billion?
Again, from the point of view of Cope, we would think that this
money would have been best spent in investment and on training.
Freedom, after all, must not be understood and should never have
been understood as a season of gifts. It should be understood as an
opportunity in which those who were denied opportunities of training
and education are now rid of the chains that prevented them from
getting this education; that therefore freedom means expanding to
the fullest your talents, our children’s talents. This is so that
our children can leave if they can’t get employment in this country
and get employment elsewhere. If there are no businesses to employ
them, they can start their own businesses. They would then be able
to build homes and take their mothers and fathers out of the shacks
and let them grow old in proper homes built by their own children.
[Applause.]
With this R5 billion we must give to the children of this country —
the children who are poor and who have nothing — training and
education, something nobody can take away from them, something
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which, even if they went to other countries, they could use to earn
an income and to send this income back to their motherland. Many are
exporting their skilled labour to this country. When they earn their
money here, they send it back to their own countries. But we are not
preparing our children ...
The SPEAKER: Hon member, your time has expired.
Mr M G P LEKOTA: Oh! Mr Speaker, sir. [Applause.]
The SPEAKER: Hon member, your time has expired!
Mr M G P LEKOTA: I am going to buy an hourglass so that I’m ...
The SPEAKER: Hon member, your time has expired! [Applause.]
Prince M G BUTHELEZI: Hon Speaker, Xhamela, the hon His Excellency
the President, Msholozi, hon Deputy President, Mkhuluwa, hon
Ministers of state, hon Deputy Ministers, hon Leader of the
Opposition, hon leaders of political parties, hon Members of
Parliament, I address the head of state and all of us in this way
because I am asking that today we should be introspective as a
nation. As I point out certain things, I am pointing out facts of
the matter. I am not trying to apportion blame for the sake of
apportioning blame.
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From this podium I have said before that the failure of government
is the failure of South Africa, and the failure of all of us. What I
have to say today, I say for the love of my country. When I speak, I
do so to be constructive.
Mr President, we have heard your speech, your hopes and your plans,
and we desire nothing more than to be able to have confidence in
them. Yet, too much prevents us from doing so. How can we embrace
hope when our leadership refuses to acknowledge the many problems
confronting our country or the causes that lie at their roots? Year
after year the state of the nation address shifts focus, without
ever addressing previous failures.
Your Excellency, in this debate we must analyse all that you said
last Thursday. But, increasingly, I feel that the measure of your
leadership can be taken less by what you say than by what you do not
say. Understandably, the state of the nation address will touch on
the high notes of government, leaving much unsaid. But this year we
have been left with the impression that our attention is being
redirected away from the elephant in the room. There is a danger in
that, for elephants can be unpredictable and extremely destructive.
It is therefore good and well — through you, Mr Speaker, to His
Excellency — to say that our government is working with various
provinces to improve governance, systems and administration. But the
unspoken fact remains that two of our nine provinces have all but
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collapsed. Limpopo has been rendered bankrupt through corrupt
activities and five of its departments have been taken over by
national government. And when you, Your Excellency, and your
government do the right thing by intervening, even members of your
government say that you are doing that for political reasons. The
administration of the state is in shambles.
It is fine to say that we are doing well with regard to the
treatment of HIV and Aids. But the unspoken fact remains that South
Africa has lost some 5 million people to HIV and Aids because of our
slow and hesitant response to the pandemic.
One can say that we are expanding access to tertiary education by
assisting students — which is plausible — to pay off their debts.
But the unspoken fact remains that students are so desperate to
secure admission that they are stampeding universities, causing
injury and loss of life. For instance, a parent this year in
Johannesburg lost her life as a result of a stampede.
In the Eastern Cape, the education system has completely collapsed
due to maladministration and corruption, forcing our national
government to intervene.
It is fine, Your Excellency, to say we will improve the movement of
goods through a Durban-Free State-Gauteng logistics and industrial
corridor. But the unspoken fact is that the KwaZulu-Natal department
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of transport has had to halt all major road infrastructure projects,
while Durban has notched up R1,3 billion in bad spending. The Free
State has sought assistance from National Treasury after identifying
financial mismanagement and noncompliance in supply-chain management
processes in its department of police, roads and transport.
Gauteng has also sought assistance from National Treasury to address
the challenges in its health department, which is on the verge of
collapse. It faces 101 legal claims, amounting to R235 million,
owing to negligence. The IFP in Gauteng called for an urgent
commission of inquiry to investigate this debacle because we, like
every South African, want to know why this is happening, Mr
President.
Twenty years ago there were many people in this country who felt
that we black people were not capable enough to rule a country and
administer a democratic government. That was one of the major fears
during the negotiation process. That is why some people went to
Perth. Some people felt that it was in the DNA of us Africans to be
inefficient, inept and corrupt. I refuse to believe that.
Yet how do we explain the many nurses in our public hospitals who
just do not feel the inner duty to respond to the needs of suffering
patients? And what are we to say about teachers who do not feel the
calling to spare energy and to double their dedication to teach our
children so that, through better education, they may finally be
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emancipated from all that oppressed my generation and your
generation, Your Excellency?
If the call of duty is not felt in these two fields, it should be no
wonder that throughout the Public Service productivity and
commitment are so low that they translate into poor delivery. What
has disrupted the moral fibre and discipline of our people? What has
happened? We know the answer, but we refuse to acknowledge it.
How, Mr President, do we explain the contamination of Public Service
and commercial interests? It is fatal, and yet it is pursued
relentlessly, from the lowest to the highest levels of government.
Too many — and I dare say, the overwhelming majority — are trying to
make money on account of holding public office, being in politics or
exercising public power.
Corruption is the bane of our country, Your Excellency. It is a
fundamental threat to our constitutional democracy. As former
Secretary-General of the United Nations, Mr Kofi Annan, said:
Corruption hurts the poor disproportionately by diverting funds
intended for development, undermining a government’s ability to
provide basic services, feeding inequality and injustice and
discouraging foreign aid and investment. Corruption is a key
element in economic underperformance and a major obstacle to
poverty alleviation and development.
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Yet, sir, you shy away from this issue. The unspoken fact is that
corruption has seen the axing by you, sir, of two of your Ministers,
Mr Sicelo Shiceka and Ms Gwen Mahlangu-Nkabinde, for which we all
applauded your decisiveness. The National Police Commissioner, Mr
Bheki Cele, is still suspended pending an investigation into
corruption. His predecessor is in jail. The Speaker of the KwaZuluNatal Legislature, Ms Peggy Nkonyeni, and MEC Mr Mike Mabuyakhulu
are facing corruption charges in court. The head of Treasury in
KwaZulu-Natal is facing charges of corruption in court.
Remember, Your Excellency, that you took over the department of
economic affairs, which I ran in the erstwhile KwaZulu government.
You will also remember that I founded a bank there called Ithala
Bank and you would remember that after you left, it was pillaged by
MECs who gave loans to their wives to buy you farms.
[Interjections.]
The recently released Manase report uncovers widespread and rampant
corruption within eThekwini Municipality. High-ranking eThekwini
municipal officials and politicians, including the former municipal
manager Mr Mike Sutcliffe, and former mayor Mr Obed Mlaba, have been
fingered in a damning forensic investigation into financial
irregularities, fraud and corruption.
Last year, the former head of the Special Investigating Unit, Mr
Willie Hofmeyr, told the parliamentary Portfolio Committee on
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Justice and Constitutional Development that 20% of South Africa's
procurement budget, between R25 billion and R30 billion, is lost to
corruption every year. According to Transparency International's
2011 Corruption Perceptions Index, South Africa is perceived to be
becoming more corrupt with each passing year. That perception is
rooted in reality. On a scale of 0 being highly corrupt, to 10 being
very clean, we have fallen from a ranking of 5,1 in 2007 to 4,1 in
2011. The unspoken fact is that we are on the verge of joining the
ranks of dysfunctional states, as the effects of corruption
debilitate all spheres of life.
Mr President, during the weekend I saw this cartoon and I thought it
summarised what I am trying to say, with all these pigs running for
the trough. I hope that Hansard will print it as part of my speech.
[Laughter.]
Then I ask the question, Your Excellency Mr President, how do we fix
this? Surely not with more rhetoric, empty words and never-ending
declarations of policy? I think we must have the courage to go to
the root cause because it was you, Your Excellency, who on
30 December 2000, acting as chairperson of a committee of the South
African government, signed a formal agreement with traditional
leaders in terms of which the local government powers and functions
of traditional authorities would be preserved. This was actually a
promise which had been made before by then President Mbeki that
there would be no obliteration of the powers and functions of
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traditional leaders and, if they were obliterated, you promised to
make amendments. In terms of that agreement, it was agreed that
chapters 7 and 12 of the Constitution would be amended.
It was you, Your Excellency, who did not bring that agreement to
Cabinet for ratification, and it is you, sir, who bears the final
responsibility for it having been breached and for the powers,
functions, respectability, moral authority and social guidance of
traditional leadership having finally been obliterated.
The question can be asked: What does this have to do with
corruption? It is relevant because the core problem of
maladministration, inefficiency and corruption is the disintegration
of social cohesiveness, social values, rectitude, integrity,
discipline and dedication to duty, which traditional leadership has
been entrusted to promote and inculcate within our communities. Once
that disintegrates, as it unfortunately has, what ends up in our
government offices, hospitals and schools bears the hallmark of no
one willing to pay a personal price to make this country a better
place.
It was you, Your Excellency, who was charged by President Mbeki to
champion and pilot the campaign for the moral regeneration of South
Africa. I need not comment on that.
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It was also you, Your Excellency, who was equally charged by
President Mbeki to bring about the reform of our labour legislation
to increase the flexibility in the labour market. That, too, ended
in nought.
Why is that relevant, the question may be asked? It is relevant
because our labour legislation and the lack of flexibility in our
labour market have not only been identified by your government, sir
— even when I was in government — as one of the major impediments to
real economic growth and real employment generation, but also as a
cause of the ongoing degeneration of a sense of duty and commitment
in the workplace. Empowering trade unions the way you have been
instrumental in doing, Mr President, has eroded the culture of hard
work, discipline, productivity, dignity and self-respect which
people like me have promoted and instilled in our communities for
more than 60 years. This has compounded problems with problems.
It was your party, sir, which for 20 years made it its main
political policy in South Africa to undermine social cohesion within
our communities. Your party embraced and promoted the strategy of
making our communities ungovernable — even townships ungovernable —
spreading a culture of lawlessness and rebellion and destroying the
black education system. The black education system was far from
perfect, but its destruction replaced it with the roots of a
phenomenon which is the common denominator of most of our problems.
It brings together our irresponsible nurses, our indolent teachers,
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our ineffective public servants and all the youth with narrow-minded
vision, distorted values and the wrong hopes, who were falsely lured
into supporting the president of the youth league of your party, who
said that I was an ANC factory fault. [Laughter.]
Mr President, everyone makes mistakes. Everyone. Every government
has faults and shortcomings. None of us is perfect. The wise
acknowledge that and correct them, but the unwise ignore them.
You correctly identify our sky-rocketing electricity prices as one
of the factors which are thwarting all our efforts to develop an
industrial basis and produce real growth in our economy. Yet we did
tell you that funding the build programme of Eskom through tariffs
was a mistake. We did tell you, Your Excellency, that it should have
been funded by means of an international competition which would
have brought into South Africa as much as R400 billion of direct
foreign investment, while creating a much-needed and healthy
competition amongst producers and distributors of electricity. We
were ignored.
We said further that, if funded domestically, the build programme
had to be funded through the national budget and not through
tariffs, so that the rich would pay more than the poor. The way it
has been done is to force industries and the productive middle class
to bear a much greater burden for the investments than warranted by
their actual taxable income. I am just giving this example as part
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of the same problem. That is the problem of doing things for the
wrong reasons, including political reasons, and not for commitment
to our country's and our people's best interests. I will add two
more examples, because the magnitude of the mistakes there shows
what happens when political thinking overrides national interest.
Under your leadership, Mr President, our country jumped into the
Brics, Brazil, Russia, India, China and South Africa, group. Yet, to
develop an industrial basis, we must manufacture export products
which, in the final analysis, can mainly only be sold outside of the
Brics countries and mainly in the regions which have been our
traditional trade partners, namely Europe and North America. This
shows how our priorities become confused and contradictory. Our
priorities should be to ensure that the African Growth and
Opportunity Act of the United States is renewed and expanded so that
we can export our products there without duties and quotas, and that
similar agreements are entered into with other markets where we can
sell our products.
Another major policy mistake is maintaining the four retail bank
policies and tolerating the collusion and other constraints of trade
openly practised by our banks. Because of the lack of real
competition, our banks are not forced to take risks they don't want
to take, but force all the risky business onto the Industrial
Development Corporation and the Development Bank of Southern Africa.
This means that they choose to live only by the business which makes
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money with no risk, and the government, the taxpayers and our
communities must bear the risk associated with promoting economic
growth. It would seem as if your government, Your Excellency, has a
greater commitment to serving the banks than the people we
represent.
Mr President, you praise the trade unions and Sadtu as if they
should be thanked for doing less than the full measure of their
destructive capabilities. Praising the South African Democratic
Teachers Union on Thursday for its diligent teachers was a step too
far, I thought, Mr President, in placating the unions. [Applause.]
The members of Sadtu often abandon students nationwide to drive
their own agendas. The ANC-aligned union continues to act like an
organisation hellbent on destroying the future of our children.
Sadtu should be rebuked, in fact, and not praised for their actions.
[Applause.] Their actions have aggravated and deepened the crisis in
our education system. Instead of acting like responsible educators,
some members of Sadtu have, on numerous occasions, proven themselves
irresponsible, unprofessional and unfit to educate South Africa's
learners. The recent go-slow in the Eastern Cape, where education
came to a complete halt, is a case in point.
Mr President, you mentioned that employment generation never
recovered from the terrible knockout it received at the end of the
seventies, but you failed to explain why that happened. You do not
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wish to remember that employment generation collapsed because of the
call for sanctions against our country and for foreign
disinvestment, which your party, Mr President, foisted onto South
Africa and which I so vehemently opposed.
This was because nothing destroys economic growth more than
sanctions. Strangely, your government and the ruling party, the ANC,
have adopted the correct policy against sanctions being imposed on
Zimbabwe for the same reasons, namely that they destroy the lives of
the poorest of the poor.
History has proven me right and your party wrong. You admit that we
have yet to recover from that self-inflicted injury, the same way
that we have yet to recover from the self-inflicted injury of having
disrupted the moral fibre and discipline of our communities.
But too much remains unsaid, sir. You make no mention of small
businesses and how they will be assisted by government to help grow
the economy and create jobs. You make no mention of the fact that
the two sectors that should be booming right now owing to
international demand, namely agriculture and mining, are in reverse,
owing to government's many policy failures.
The unspoken fact is that the latest global competitiveness rankings
of the World Economic Forum highlight how corruption, wasteful
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expenditure and government red tape are increasingly hindering
business development, SMMEs and investment in our country.
I want to have hope in our future. No one can fault what you have
said. But how do you know that every cent of that money will be used
to do what you said it should do, with this corruption? I want to
have confidence in you, Mr President. I want to be able to believe
that there is more than just words to your declaration of intent.
But how much of what has been set aside by the state to achieve such
lofty goals will actually fulfil its intended purpose? We know that
when resources are made available, corrupt officials are already
salivating. [Laughter.] One is completely galled by the conspicuous
consumption of state resources by these people.
I fear there is a disconnect between government and the reality of
everyday life for South Africans. It is impossible to have hope
while the ANC refuses to recognise, acknowledge and mend the error
of its ways. We must start by correcting the terrible injuries
inflicted by ourselves, not by apartheid, not by the colonialists,
not by foreign powers, but by ourselves, on the minds, strength and
discipline of our own people.
We need to rebuild pride in our work. We need to build a sense of
dignity in abiding by the discipline necessary to improve our
conditions. We need to terminate the culture of dependency. We need
to create a culture of real growth, which must range from what young
people do to build their futures to how our enterprises understand
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that they have to compete and survive without relying on government
crutches.
We need to re-establish the important role of traditional leadership
throughout the country. We need to exact from each public servant
the full measure of dedication that one would expect from a
soldier in a war in which we are engaged for progress and
development.
We must have a complete separation between public office and
commercial venture and completely change our mindset in this
respect. And, most of all, we must fire all those who do not comply
with these imperatives, ranging from lazy public servants to corrupt
officials, to nurses who do not nurse and teachers who do not teach.
If we fail to attend to this basic aspect of our country's
reconstruction and development, everything else is bound not to
achieve its intended purpose.
Mr President, your address was good, but it lacked accountability on
the crisis in health, the crisis in education and the crisis of
corruption. What you said looks good on paper. But what you have not
said can, in fact, prevent the fulfilment of the best-laid plans. I
wonder where my brother the hon Andrew Mlangeni is. We both did
matric in 1947. Do you remember that poem by Robert Burns "To a
Mouse"?
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But little Mouse, you are not alone,
In proving foresight may be vain:
The best laid schemes of mice and men
Go often askew,
And leave us nothing but grief and pain,
For promised joy!
Still you are blest, compared with me!
The present only touches you:
But oh! I backward cast my eye,
On prospects dreary!
And forward, though I cannot see,
I guess and fear!
Msholozi. [Applause.]
The MINISTER IN THE PRESIDENCY: NATIONAL PLANNING COMMISSION: Mr
Speaker, Mr President, Deputy President, hon members, ladies and
gentlemen, on the subject of mice and men, happy Valentine’s Day to
all of you! [Interjections.] [Applause.]
I think it is very important that we listen to what the three
leaders who have spoken before me have said. In broad measure, I
think we have to take this as a measure that there is very little
disagreement with the content of the state of the nation address,
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and that is a positive that we must take from it, because that is
the platform on which we must build in this country. [Applause.]
Early on in the speech last week, the President framed a reference
to the draft National Development Plan, NDP, which we released on
11 November last year. To better understand the context in which the
NDP fits into the state of the nation address, I am going to share a
few more details of this plan today. Indeed, the plan sets out the
kind of country we want to build by 2030. The vision statement
contained in the plan envisages – and it sounded like the hon Leader
of the Opposition has read this, which is very good —
Now in 2030 we live in a country which we have remade. We have
created a home where everybody feels free yet bounded to others;
where everyone embraces their full potential. We are proud to be a
community that cares.
It speaks of a country that is capable of transforming itself, and
that is fundamentally important. So, clearly, what we want by 2030
is to have created a country in which we value one another, in which
we value life and in which we value our communities. We value doing
the right thing. We want to have created a home where everybody
feels free yet bound to others. This plan is about what binds us
together.
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What binds us is a new story, a story for a better South Africa for
all of its people, a story to eliminate poverty and reduce
inequality, a story that changes the life chances of our people,
particularly young people and women; a story that draws on our
history, our experience and our traditions. And so, the plan sets
out the high-level objectives of where we want to get to by 2030, as
well as how the commission believes that we can remake our country
in the vision of our Constitution between now and that date – not on
that date, but between now and that date.
The plan also provides a great deal of detail on, for example, where
we think a railway should be built, how to finance it and how to
ensure that it functions optimally. We believe that these are
critical end points to improve the life chances of our people.
When the commission was inaugurated in May 2010, the President gave
it a licence to be bold, honest and critical. He explicitly stated
that he did not want a commission that merely slapped his back. His
faith was tested when the commission released a diagnostic document
in June last year which presented a sharply honest and critical
appraisal of our performance since 1994 and our failure to overcome
poverty and inequality.
The draft plan that we unveiled in November is similarly bold and
honest. If we do not strike out bravely, the cleavages in our
society will simply deepen. The two main objectives we arrived at in
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the plan are that we want to eliminate poverty and reduce
inequality. Consistent with the diagnostic report and the views of
thousands of people who were consulted, increasing employment and
improving the quality of education form our highest priorities in
the plan.
In summary, the plan is as follows: a united country, where all
citizens are active participants in their own development; a capable
state that drives development, promotes ethics and serves the
citizenry; a dynamic and growing economy that is more labour
absorbing, providing opportunities for all, and supported by
adequate infrastructure; an education, skills and innovation system
that can develop the capabilities of our people and our country; and
leaders who work together to confront and overcome our problems.
These five key themes run through the 13 chapters in the plan that
covers the economy and employment, the economic infrastructure, a
transition to a low-carbon economy, the rural economy, South Africa
in the region and the world, spatial settlement planning, education,
skills and innovation, health, social protection, citizen safety, a
capable state, fighting corruption, and then: social cohesion,
nation-building and transformation.
In crafting the plan, we also took into account a number of other
factors, such as demographic and global trends that are profoundly
changing our world.
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Our Constitution provides a basis for our policies. It states that
South Africa belongs to all who live in it and that all are equal
before the law. How do we make the Constitution a reality for South
Africans? This should be the first question we ask ourselves every
single day. How do we ensure that opportunities for each person are
not determined by who they are or where they were born, but by their
hard work, effort, skill, talents and opportunities that are open to
them?
Ek wil vir die agb lid, mnr Lekota, sê hy het mooi gepraat. Hy kan
maar nou vir Dexter terug huis toe volg. Dit is reg. [Gelag.] [Allow
me to tell the hon member Mr Lekota that he spoke well. He may
follow Dexter back home now. All is well. [Laughter.]]
In all our encounters with thousands of people across the country
the message has been clear: South Africans love their country. They
are proud of their achievements since 1994, have faith in their
democratic institutions and want to see greater success for their
country. They are prepared to commit themselves to building a better
South Africa. Our challenge is to make it possible for them to
contribute to the South Africa that they want by 2030.
This plan is not a sermon from the mount. It is about identifying
how people can be empowered to enable change. We need to reshape the
expectations we have of government. We need to forge an active
citizenry that takes ownership of the solutions to our problems.
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I want to say to the hon Leader of the Opposition that it is not
just about dreams; it is about living out those dreams. It is about
making sacrifices. [Interjections.] There is a great philosopher
named Peter Tosh who once said, “Everybody wants to get to heaven,
but nobody wants to die.” [Laughter.] [Applause.] You have to be
prepared to make the sacrifices.
The plan is about achieving this shift – I have done it, and I will
do it again. [Interjections.]
An HON MEMBER: Let’s stop the corruption! [Interjections.]
The MINISTER IN THE PRESIDENCY: NATIONAL PLANNING COMMISSION: The
plan is about achieving this shift in perspectives and
relationships. [Interjections.] Excuse me. Excuse me.
The SPEAKER: Order, hon members!
The MINISTER IN THE PRESIDENCY: NATIONAL PLANNING COMMISSION: The
plan is about achieving this shift in perspectives and
relationships. It also contains very specific recommendations. For
example, in the chapter on an integrated and rural economy, we focus
on support systems that will give life to land redistribution. We
need to put land to productive use. We estimate that agriculture has
the potential to create close to a million jobs almost immediately
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if these plans are implemented effectively. To achieve this, we need
to do a few things urgently.
We must expand irrigated agriculture by substantially investing in
water resource and irrigation infrastructure. We must create
security of tenure for communal farmers. This is vital if we are to
secure incomes for existing farmers and new entrants. We must
investigate flexible systems of land use for different kinds of
farming on communal lands. We need also to invest substantially in
providing innovative market linkages for small-scale farmers in the
communal and land reform areas, with provision to link these farmers
to markets in South Africa and further afield on the subcontinent.
We must put in place preferential procurement mechanisms to ensure
that new entrants into agriculture can access the “food away from
home” market, including school feeding schemes and other forms of
institutionalised catering. We must give greater support to publicprivate partnerships to develop underexploited opportunities.
Examples of regions with untapped potential include the Makatini
Flats and the Umzimvubu Basin in the Eastern Cape.
Next year, as the President reminded us, marks the centenary of the
1913 Land Act. This Act reshaped the political geography of South
Africa in dramatic ways. It transformed spatial settlement patterns
in both rural and urban areas, effectively cutting off the vast
majority of South Africans from places of economic opportunity. The
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chapter on the rural economy makes detailed proposals on how land
reform can be unblocked and implemented in a collaborative manner,
with clear roles for district municipalities, communities and
farmers.
The chapter on transforming urban and rural spaces spells out why
and how we can unravel the spatial patterns of apartheid that still
plague us. There are parts of this country that still look as though
they are still dominated by the Group Areas Act. Transforming human
settlements is a large and complex agenda, requiring far-reaching
policy changes. Most state investment goes into household services.
Over time, the state should shift its role from a direct housing
provider to a housing facilitator, developing public goods through
investment in public transport, economic and social infrastructure
and quality public spaces.
The plan addresses how we can transform where people live; how we
can break the pattern of government building soulless little boxes
and, instead, facilitate the development of communities. We want to
link where people sleep, pray and play with where they work. We want
to develop communities, understanding that the quality of life for
many is undermined by the fact that they must travel great distances
to get to and from work.
Our proposals on urban areas include developing a more coherent and
inclusive approach to land. All municipalities should be encouraged
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to formulate specific land policies, showing how vacant and
underused land will be developed and managed to achieve wider
socioeconomic objectives. Our plans include radically revising the
housing finance regime by shifting funding away from building single
houses to supporting the development of a wide variety of housing
types with different tenure arrangements, including affordable
rental and social housing. They include the strengthening of the
link between public transport and land use management with the
introduction of incentives and regulations to support compact mixeduse developments. They also include enhancing the existing national
programme for informal settlements by developing a range of tailored
responses to their upgrade, including minimum health and safety
standards.
We need strong and mature leadership, both in government and from
communities, to achieve the unity and common purpose required to see
the plan through. Leadership is about problem-solving. We need
initiative. We need voice. We need to test ideas. We can and should
all be leaders in our society. We can all implement the solutions
that we have collectively identified. This requires us to change the
way we approach challenges. It requires a paradigm shift. This is
what we propose in the plan.
In coming up with the solutions, the commission has drawn strongly
from definitions of development that focus on creating the
conditions, the opportunities and the capabilities that enable
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people to lead the lives that they desire. Development is a process
of raising the capabilities of all citizens, particularly those who
were previously disadvantaged.
The development of capabilities is critical to enable our youth to
grasp the opportunities that we develop. Education and skills
development are critical capabilities, but there are others, too.
Better public transport, a well-designed social safety net, a
healthy population, better located housing settlements and safer
communities are critical to enable people to improve their own
lives.
The plan therefore charts a new course. This new course is one where
communities, in partnership with government, develop the
capabilities to improve their own lives through education,
employment, health care, transport, social security and safer
communities. At the same time, we have to broaden the economic
opportunities available to citizens. This requires faster economic
growth, a more labour-absorbing economy, higher levels of
investment, inclusive and integrated rural economies, and better
located human settlements. While we build these capabilities for
both individuals and for the country, we must do so mindful of the
impact on our environment, which is an endowment we cannot destroy.
The shift from a delivery model to a capabilities one requires three
complementary enablers. Firstly, it speaks of an active citizenry,
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where people are involved in their own development and in the
development of their community.
The second enabler is a capable and effective state, able to
understand when and where it needs to act, what its limitations are,
and how to partner with other forces in society to achieve complex
objectives. The third enabler is strong and mature leadership from
all institutions in society.
An active citizenry, working in partnership with government,
business and civil society is critical to this new development
paradigm. While the state can build schools, we need communities to
work with the schools to ensure that these schools function properly
and that the children study hard. Our paradigm becomes one where
communities are active in their own development.
The challenge we face in our education sector illustrates this point
well. There is universal acknowledgement that our education system
fails the poor. Members may have seen the short animated story that
the commission produced about a young girl named Thandi — it is
available on YouTube — to illustrate the impact of circumstances on
the life of a young school-leaver. Our plan is about improving the
life chances of people like Thandi. This covers improving the
education system to making sure that more school-leavers get jobs.
Achieving this requires a collective effort. We have to talk to one
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another and draw on the energy of those who are committed to finding
solutions. And, yes, we will leave the naysayers behind.
We hope that the proposals in the plan will be taken in the spirit
in which they were designed: an honest and open-handed attempt to
tackle the deep-seated problems that bedevil our society.
This process has been a unique one. It was a bold and brave step by
the President to appoint a commission of people from outside of
government, South Africans who care deeply about their country, to
help develop a national plan. He has shown remarkable confidence in
our institutions of democracy to embark on such a process.
I would like to say to the President that we are still engaging with
South Africans on the proposals in the plan. This is both a
heartening and a humbling experience. It is heartening because so
many of our fellow citizens share our broad approach, support the
values of our Constitution and agree with the key priorities that we
have outlined; humbling because we, the commission, know so little
about so many of the issues. Our discussions have been hugely
enriched by the considered and often detailed views of ordinary
South Africans on how to solve some of our most critical challenges.
We look forward to engaging with Parliament and for Parliament to
facilitate further engagement on the proposed plan. In June or
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perhaps July, we will take the refined document back to Cabinet for
discussion and, hopefully, adoption.
The work of the National Planning Commission does not end this year.
After the plan is presented to Cabinet in a few months’ time, the
commission will begin detailed work on perhaps two or four areas a
year so that we can complete the detailed ...
The SPEAKER: Hon Minister!
The MINISTER IN THE PRESIDENCY: NATIONAL PLANNING COMMISSION: ...
work within the next three and a half years.
Allow me to end with a little quote from the Vision statement:
South Africa belongs to all its peoples.
Now, in 2030, our story keeps growing as if spring is always with
us.
Once, we uttered the dream of a rainbow.
Now we see it, living it. It does not curve over the sky.
It is refracted in each one of us at home, in the community, in
the city, and across the land, in an abundance of colour.
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When we see it in the faces of our children, we know: there will
always be, for us, a worthy future.
Thank you very much. [Time expired.] [Applause.]
The SPEAKER: That was a very long poem, Minister.
Mr J J MCGLUWA: Hon Speaker, in his state of the nation address, the
President gave the nation a glimmer of hope. We welcome, in
particular, the President’s endorsement of the National Development
Plan, NDP. The challenge for the President’s vision, plans and
strategies for this country continues to lie in their implementation
and in real delivery. We do love this country and, together with the
President, we want it to work.
Ons is lief vir hierdie land en, saam met die President, wil ons hê
dat dit moet werk. [We love this country and, together with the
President, we would like it to work.]
We would like to assure you that we support all efforts made by
government to construct a clear plan for our country’s future. We
therefore place much hope in you, Mr President, to make this plan a
reality for us.
At the inaugural meeting of the National Planning Commission, on
11 May 2010, the President stated, and I quote:
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The establishment of the National Planning Commission is our
promise to the people of South Africa that we are building a state
that will grow the economy, reduce poverty and improve the quality
of life of our citizens.
As we as Members of Parliament are concerned about the funding of
these projects, we will use our oversight role to ensure that no one
will use your announcement, Mr President, as a platform to loot
state funds from the poor.
The state must play a leading role in economic growth in partnership
with the private sector. When we speak, we speak about jobs, jobs,
jobs; poverty, poverty, poverty; and opportunities for all. What
then is the role of the state? We call upon the ruling party to stop
undermining our new democracy, because our previous hopes were
dashed by this government’s willingness to sacrifice development at
the altar of patronage.
Mr President, we also note with interest that many of the
infrastructure plans you proposed are actually old, repackaged
proposals. We are glad that you have finally agreed to implement
them.
The government has constructed a number of large macroeconomic
plans, which now lie scattered across our 18-year-old democracy. In
1994 we witnessed the birth of the Reconstruction and Development
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Programme, RDP. By 1996, as a means of reducing our debt burden, the
RDP was succeeded by the Gear, Growth, Employment and
Redistribution, strategy. These have been succeeded by the New
Growth Path and the National Development Plan respectively.
However, defining the success of these plans is a thorn in our
nation’s flesh. The unholy wedlock between the ruling party and the
labour unions also highlights the irreconcilable and ideological
paralysis that constrains government’s ability to get serious about
implementation. It appears to us that government is perhaps better
at building plans than building a nation.
Dit wil voorkom of u regering miskien beter is met die bou van
planne as met die bou van ’n nasie. [It seems that your government
is perhaps better at building plans than building a nation.]
It is also critical that government sticks to its core function of
creating an enabling environment for us in the private sector. This
will allow South Africans to take hold of their own economic future.
Finally, we would like to invite the President to make a choice
today. Does his allegiance lie with factions inside the ruling
alliance or does it lie with the people of South Africa? Today we
appeal to the President to choose in favour of the people who
commissioned him to lead our country. I thank you. [Applause.]
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Mr B H HOLOMISA: Kuthiwa khetha, Mongameli. [They are saying
“choose”, President.]
Mr Speaker, hon President and Deputy President, hon members, for
many years resource allocation in South Africa was determined on the
basis of race and ethnicity. The deleterious effects and the scars
of the policy of segregation are still clearly visible almost two
decades into our democracy. Since we ushered in our new democratic
dispensation in 1994, the majority of citizens have pinned their
hopes for a better life on the new political franchise.
Sadly, the level of inequality between the haves and the have-nots
has increased rapidly. The solutions on the best way to close this
gap and integrate the previously disadvantaged communities into the
economic mainstream appear elusive. Apologists of this current
economic regime claim that the macroeconomic fundamentals are in
place and, thus, see no need to deviate from the status quo. They
militate against any form of government intervention in the economy
to transform it.
We question the validity of this line of argument, since the
majority of citizens continue to occupy the margins of economic
activity. In contrast to the minority group which controls the South
African economy, the majority of citizens are victims of the
ultraconservative credit policies of financial institutions because
they do not own land.
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The fight for economic freedom has been a bone of contention for
many years and, at times, resulted in an unnecessary loss of life.
You and your Deputy President spent many years on Robben Island in
pursuit of precisely this economic emancipation objective, among
other objectives. As students of the former University of Transkei
in 1979, in the Faculty of Management and Economic Sciences, we used
to grapple with the difficult challenge of finding a suitable
mechanism to deliver economic freedom to Africans. Even today the
solutions to this challenge are still proving more difficult to
find.
We acknowledge the statement made by the Minister of Finance in the
2011 Medium-Term Budget Policy Statement on the need to transform
the economy. However, the question remains: by whom and when?
The 2012 state of the nation address clearly demonstrates that
government has finally woken up to the reality that the fate of
South Africans can no longer be left to the free-market system
alone. Government has a duty to invest in its economy through
projects like infrastructure development. The private sector seems
to have no willingness to invest in the development of the
infrastructure of previously disadvantaged communities.
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Even companies that have the capacity to do so, like Anglo American,
delisted from our stock exchange in favour of foreign ones without
any prospect of the funds coming back to the South African economy.
Perhaps, in line with your statement during the ANC centenary
celebrations in Mangaung at which you called for a national dialogue
on the country’s pressing issues, as leaders of political parties
represented in Parliament we should meet with you and the Deputy
President at your offices to map out a clear strategy to deal with
what you aptly described as the triple challenge of poverty,
inequality and unemployment. These problems are bigger than one
political party.
In the event of a consensus emerging from such a meeting, we should
expand the dialogue to other stakeholders in society as well. The
historical legacy of severe imbalances and backlogs cannot be
adequately addressed by Nedlac, National Economic Development and
Labour Council, partners alone.
The people care less about frivolous fights to augment political
power through attempts to change the powers of the Constitutional
Court, the building of a veil of secrecy between the state and its
people through the Secrecy Bill and attempts to erode media freedom,
and more about wanting to see us prioritising their bread-and-butter
issues.
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Many South Africans often argue that a review of the Codesa
agreements — Codesa being the Convention for a Democratic South
Africa — should not be done selectively, as they believe that there
are other more important matters for discussion, like the sunset
clauses that robbed them of an opportunity to participate
meaningfully in the economy and own land. Black South Africans are
still residing in the so-called reserves that were allocated to us
by previous regimes, with no land ownership.
Yes, Mr President, I have yet to see a day when people protest to
change the powers of the Constitutional Court. But I have seen many
legitimate protests about service delivery which do not seem to
receive the same attention. We have noted government’s intervention
in a number of provinces to rescue them from administrative
collapse. This sphere of government seems to be saddled with
problems.
Provinces have become centres of self-enrichment and rampant
corruption for some comrades. We have seen a regression in the
standard and quality of education our children receive under the
watch of provincial governments. In the past, for instance, it was
common for students from all over the country to go to places like
the Transkei to access quality education. Regrettably, that fountain
seems to have dried up.
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Perhaps it is time to publish the study government instituted under
former Minister Mufamadi into the efficacy of provinces. The truth
of the matter is that these glorified homelands were a compromise
intended to accommodate one political party. We must now assess the
extent to which they facilitate or impede service delivery.
Nevertheless, Mr President, your announcements last week reinforced
programmes that were announced earlier by Transnet and the Minister
of Transport, which we regarded as pie-in-the-sky projects when they
announced them. Both Transnet and the Minister were cagey at the
time of the announcements about how they would finance these
projects. We wondered whether a thorough feasibility study had been
undertaken.
Mr President, you will recall that when the news about these
projects surfaced, the media alleged that they would be done by
Chinese companies and politically connected individuals in South
Africa. However, the government flatly denied this.
We look forward to receiving more details about the government’s
overall implementation strategy. We would do well to adopt as
stringent a monitoring mechanism as Fifa’s close monitoring of South
Africa’s implementation of the 2010 Fifa World Cup project,
otherwise these announcements run the risk of going down as just
another laundry list of unfulfilled promises.
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It is gratifying to see that you have heeded our call to link
KwaZulu-Natal and the Eastern Cape Corridor. Planned properly, this
would ease the congestion and reduce road fatalities on the N2,
especially if a railway line could be built between East London and
Kokstad.
With respect to the Umzimvubu Water Scheme, the former Transkei
government and the Development Bank of Southern Africa, Maohludi
Associates and academics from the former University of Transkei
conducted and concluded a R13 million study into the possibility of
using the Umzimvubu Water Scheme to provide clean water for
household consumption and water supply for irrigation and
hydroelectric schemes. The study showed that major rivers passing
through the Transkei areas constitute 28% of the water supply of the
entire Southern Africa.
We urge your government to guard against wasting taxpayers’ money on
hiring consultants to redo the study. Rather, we should source the
services of an auditing firm to carry out a thorough cost-benefit
analysis of reviving the project, taking into account cost
escalations over the years. This exercise should also evaluate the
effects of silting caused by soil erosion. Therefore there is no
need for a two-year or more study.
The Umzimvubu Water Scheme project failed to get off the ground due
to the refusal by the former F W de Klerk government to release
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funds for capital projects to the Transkei government because of its
close relationship with the liberation movements.
Senditshilo. [Kwaqhwatywa.] [I have already said this. [Applause.]]
Mrs I C DITSHETELO: Hon Deputy Speaker, the commitment towards
infrastructural development is most welcome. We certainly hope that
its spin-offs will enhance many other areas of concern, like job
creation.
The amount of R300 billion is a significant amount to commit to
infrastructure. It is sure to excite South Africans.
We earnestly hope that this huge commitment of money will not excite
the minority tenderpreneurs who will see an opportunity to make more
millions, while the rural poor are condemned to extreme poverty. We
hope this amount will not perpetuate the gross economic inequalities
that we are already experiencing. It would have been comforting if
the President had briefly outlined how the infrastructure
development commitment would impact on, and improve, the standard of
living for the rural poor.
In and prior to 2010, there was a buzz of infrastructure
developments. Of course, we now have world-class stadia, hotels and
beautiful bridges. We welcome the improvement, but the rural
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communities in which the majority of our citizens reside are still
without roads and their living conditions have not improved.
It appears that government has taken significant strides in
addressing the energy crisis in our country. It is impressive that
thus far 220 000 solar geysers have been installed, and the targets
set are encouraging. However, those of us who represent the rural
constituencies know that even before you speak of energy-efficient
tools, there are people who still do not have electricity and
therefore energy efficiency becomes meaningless to them. This must
be heard and treated with equal urgency as energy saving and
efficiency.
South Africans had reason to be excited last year with the
introduction of the Presidential Hotline, where they could lodge
complaints and forward their grievances. There are allegations in
the media that nothing is ever done about the cases reported. We
expected the President to take the opportunity of the state of the
nation address to cite cases that had been investigated since the
commencement of the hotline. His failure to update us on this makes
us think that perhaps we have been taken for a ride in that nothing
will come of the hotline, and that it was another populist stance.
The President rightfully commended the increase in the matric pass
rate. Of course, many of us are happy to see this improvement. He
further acknowledged the problems in our education departments
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which, in the Eastern Cape, had led to the intervention and takeover
by the national government.
This is, indeed, a crisis, and our education system has been in
crisis mode for a long time now. We do not expect the President to
go into the details of problems encountered by government
departments, but seeing that education is one of the priorities, we
expect that he should touch on the root causes of the many problems
in education. His failure is disheartening. We have, for a long time
now ... [Time expired.] [Applause.]
Mr I O DAVIDSON: Madam Deputy Speaker, while the specific focus on
job-creating economic growth is welcomed, it is unfortunate that
another priority issue for South Africans received scant recognition
in the state of the nation address.
The World Bank’s Second Investment Climate Assessment found that
South Africa has attracted considerably less foreign direct
investment than comparable economies in East Asia because the
country is seen as a riskier location for investment. Among the
factors feeding this view is the perception that crime is more
prevalent in South Africa than elsewhere.
Yet in a 5 000-word address, the safety and security of South
Africans and their communities received a mere 65 words. Yes, the
slow decrease in incidents of serious crimes is commendable and the
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efforts in this regard must be applauded. However, the number of
serious crimes committed annually remains above the two million
mark, where it has been for 17 years. This is unacceptable, more
particularly as it is the poorest of the poor that feel the impact
of crime the most.
The wellbeing of our citizens and communities is not a matter of
statistics, but speaks to the very fabric of our society and the
efforts to accelerate economic development to address unemployment,
poverty and inequality. We require a bold new vision to ensure the
safety, security and stability of our society, as well as the
creation of an environment in which economic growth and development
can continue unhindered. This is our common struggle.
Instead, we are veering towards a security state marked by this
government’s increasing obsession with a traditionally defined
concept of national security. The vehement defence of the Secrecy
Bill, controlling the courts and legislative attempts at granting
the intelligence services even greater powers are symptomatic of
this obsession.
A radical and conceptual policy shift is required to focus our
collective efforts on the human security of South Africans, where
the proper emphasis for safety, security and stability is on the
individual and communities rather than the state.
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We need to empower citizens and the citizenry to take back their
communities and their societies. We need a caring and responsive
government that will adopt and implement programmes rooted in this
people-centred view of making South Africans safe.
It requires government to create a climate that empowers local
people and communities to take charge of a collective civil
responsibility to protect themselves and one another. It speaks of
shared efforts of all South Africans to bring about a unified and
safe society, where personal safety and the absence of fear from
violence allow for our citizens to flourish.
The sustainable safety and security of our society and the
prevention of crime require close co-operation between government,
the police and communities to share resources and information and
develop specific initiatives for local circumstances.
South Africa boasts a strong civil society and active communities,
yet their involvement in taking ownership of their own safety and
security receives little official encouragement. Citizens,
businesses and institutions in the private sector should be
encouraged to involve themselves in the war on crime and their
contributions should be acknowledged and harnessed. The DA believes
that this can be done in a concrete and sustainable manner.
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Government should actively encourage community involvement by
empowering communities to set up and manage their own community
safety initiatives, such as neighbourhood watches and patrols. Many
farming communities have risen to the challenge in this regard, but
they do not receive adequate state support through funding, training
and equipment.
Local police services should be provided for where local councils
have the means and desire to establish these, in co-operation,
obviously, with the SA Police Service. We need less centralisation
and a more diffused, distributed, personalised set of interactions
and engagements that allow local services to give dedicated
attention to particular problems in specified areas.
We need to empower community policing forums with more oversight
over their local police stations and give them greater independence
by enabling them to access funds to set aside for safety and
security initiatives at the local level.
Creating meaningful and effective partnerships is pivotal in
ensuring collaborative initiatives and actively facilitating private
sponsorships. Regulatory frameworks, such as the SAPS Act, should
enable public-private partnerships, and local governments and
communities should be permitted and encouraged to collaborate with
the police to solve problems at the local level. A prime example of
how effective this can be is Crime Line, a Primedia Group initiative
that empowers individuals and communities to advance their safety
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and security through anonymously reporting crime and suspicious
activities.
Our society and interpersonal relationships are being eroded by drug
abuse and threats to personal bodily integrity and dignity. We need
to see a commitment from this government to re-establish the highly
effective disbanded specialised units to fight drug abuse and
related crimes, as well as family violence, child abuse and sexual
offences.
Government must also bring citizens in rural South Africa on board
in the fight against crime and the threats to the security of their
communities by creating a new specialised rural safety unit. Every
farmer or farm worker that is murdered impacts directly on the rural
economy, compounding the decay of rural communities.
Finally, the regular sharing of official information on crime and
community safety is necessary to adequately empower communities to
locally address crime and challenges to safety in their communities.
This can and must be facilitated by implementing communication
sharing systems, including SMS and other electronic communication
devices.
South Africa, Mr President, stands firm and ready to heed the call
made in the state of the nation address to join hands and deal
decisively with the challenges our society faces. Government must,
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similarly, extend its hand and provide meaningful opportunities for
South Africans and communities to proactively take charge of their
own destiny, safety, security and wellbeing.
The President set out in his speech steps to enhance growth through
an infrastructural investment programme. It is time for him now to
set out a similar strategy to ensure the safety and security of our
citizens. If he fails in this regard, the desired economic growth
will not occur. I thank you. [Applause.]
Mr L N DIALE: Hon Deputy Speaker, His Excellency the President,
the Deputy President, Ministers and Deputy Ministers, hon members
and guests, sanibonani, siyabulisa, dumelang, sthokoze,
goeiemiddag [good afternoon].
Through you, Speaker, to the hon President, I joined the ANC in
1956 at 20 years of age. I joined because I believed that the
struggle for our liberation needed each one of us. It was not a
difficult decision because the values and nobleness of the
movement, and its campaign to liberate the nation from oppression
and discrimination, were things I believed in.
This year, we a r e celebrating 100 years of the A NC, a milestone
few liberation movements achieve. We owe the progress, development
and survival of this glorious movement to the core values and
principles on which it was founded. Frustrated by the massive
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oppression of the African people in the land of their birth
and by the draconian regime which sought to enforce
separateness as a way of life by denying the majority of the
people their basic human rights, the ANC took up the fight for our
freedom. Chief Albert Luthuli, when accepting his Nobel Peace Prize
in 1961, characterised the inhumanity as such:
There can be no peace until the forces of oppression are
overthrown. Our continent has been carved up by the great powers;
alien governments have been forced upon the African people by
military conquest and by economic domination; strivings for
nationhood and national dignity have been beaten down by
force; traditional economics and ancient customs have been
disrupted, and human skills and energy have been harnessed for
the advantage of our conquerors. In these times there has been no
peace; there could be no brotherhood between men.
Look how far we have come.
Our progressive and widely lauded Constitution and Bill of Rights
inspire hope and pride. But with every year that we celebrate
our freedom, it seems ever more apparent that from some quarters
we are urged to forget the past. Those who bemoan our remembering
the past, forget that when we remember, we also acknowledge our
past. Tracing the history of how we came to have the finest
Constitution and Bill of Rights in the world cannot be
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separated from the significant role the ANC played in the creation
of these documents. [Applause.]
Since the formation of the ANC, its central focus has always been
the fight for equality and human rights for all. The vision of
creating a better life for all began in May 1923, when the ANC
conference in Bloemfontein adopted, inter alia, a resolution on a
bill of rights. It called for equal treatment of all people, much
like many of the constitutions of countries today in which an
equality clause is included. It demanded access to
land,
equality before the law and participatory voting rights.
In 1943, in response to the Atlantic Charter, the Africans’
Claims — Bill of Rights — was drawn up to reflect the post-war
demands of the African people. The document, which was rejected by
Jan Smuts, demanded, amongst other things, full citizenship
rights for the
African people. It also called for the abolition
of political discrimination based on race; universal adult
suffrage; equality before the law; freedom of residence; the right
to education, freedom of trade and occupation; the provision of
adequate medical and health facilities for all people; and the
repeal of all discriminatory legislation. These demands found
expression in the 1955 Freedom Charter of the ANC, which
addressed fundamental human rights.
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I am tracing these important and landmark documents, not only to
remind us of, but also to highlight the fact that these documents
and their contents influenced and shaped the country’s own Bill of
Rights and Constitution. During our multiparty negotiations it was
the ANC that pioneered and campaigned for the Bill of Rights. This
fact is contained in our historical documents and cannot be willed
away, no matter how loud the calls for us to forget.
For the longest time the majority of the country’s population were
victims of crimes against humanity. We were a tortured, traumatised
and violent country. Gross human rights violations were a daily
occurrence and, when we emerged into the light of freedom, our
therapy came in the form of the Truth and Reconciliation Commission.
We debated whether to speak out or forget. Our collective morality
ruled and we tried to heal by telling our stories. We tried to make
over our souls, an “RDP of the soul” as it was called.
We have travelled a very painful and divided path. Celebrating the
birth of a movement — which led the way for us to celebrate our
humanity — should be an inclusive p a t h . The protection of our
fundamental and comprehensive human rights, as enshrined in the
Constitution, cannot be taken for granted nor lull us into
complacency. Building a caring society i n w h i c h citizens respect
the rule of law and one another, where the basic needs of our
people are taken care of and necessary services delivered, is
paramount. We are a diverse nation, and it is our strength. And by
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uniting in our diversity by celebrating our differences, we grow as
a people.
We said then, as we do now, that such human rights violations will
never be tolerated. Our laws and institutions today stand ready to
protect and defend our humanity. The values, which underpinned the
formation and development of the movement, must constantly serve as
a reminder that only when these values are shared do we become
formidable.
We take comfort from the state of the nation address, wherein
the President set out his plan and vision for the coming year. He
outlined the massive infrastructure programme, geographically
focused programmes, projects focusing on health and basic education,
information and communications technology and regional integration.
All of these projects work to further our social and human rights in
terms of addressing the triple challenge of poverty, inequality and
unemployment.
And if we waver from our objectives for whatever reason, let us
remember the words of one of our foremost leaders of the ANC, Nelson
Mandela:
The justness of our cause had to be matched by the methods and
morality of our organisation. And we can today in all humility
claim that our liberation movement had throughout its existence
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sought to have its conduct informed by those enduring values of
humanity. As in all human undertakings, there were failings,
but it was the overall adherence to those informing values
that ensured our liberation movement its place in history.
Hon President, Deputy President, Speaker and hon members, I would
like to say...
... šikiša dira le molapo, mphago wa dira ke meetse. Phala tša mona
marula di a tloga. [Legoswi.][... there is a dire need to provide
basic services for our people. I’ll end here. [Applause.]]
Business suspended at 16:17 and resumed at 16:34.
The MINISTER OF ECONOMIC DEVELOPMENT: Hon Speaker, hon President and
Deputy President, hon members and members of the public, on
Thursday, Mr President, you outlined an infrastructure plan that
represents a bold, strategic and integrated platform to mobilise the
state, private investors and the South African public behind a
clearly articulated storyline of South Africa’s opportunities. It is
the first step towards creating a 10- to 20-year infrastructure
project pipeline. Our job in government is to ensure focused,
purposeful implementation.
Over the past four months, the Presidential Infrastructure Coordinating Commission, PICC, identified what the key challenges are
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to effective implementation, and what we can do about them. We drew
on the infrastructure driver of the New Growth Path, the detailed
work of the National Planning Commission, the import of all three
spheres of government, and the needs of the private sector and
communities. We took account of the lessons of the 2010 world cup
infrastructure and of the growing experience in the build programmes
of the Gautrain, the Medupi and Kusile power stations, the Freeway
Improvement Programme, and the major airport revamps.
We identified what worked well, such as the 2010 World Cup special
law to fast-track regulatory issues, and what did not work well,
such as cost overruns. Above all, the lessons are to have a clear
project scope, with binding timeframes and clearly identified
responsibilities — who does what, by when, with what resources — and
to solve problems expeditiously when they occur. We know we can do
it. But we temper that confidence by acknowledging that it will be
hard work, that there are challenges and that we must honestly and
frankly address them.
Hon members, we recognise and will address the skills challenge. We
completed an audit of scarce skills in public institutions. The
challenge is particularly in engineering, project management,
finance and procurement, and in technical skills such as artisans,
technologists and technicians.
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To address this, we developed responses such as a shared pool for
utilising scarce skills across and between public entities; rapidly
increasing apprenticeships and practical training, as Eskom and
Transnet are doing now; in the private sector using the National
Skills Accord; a skills plan setting out the human resource
requirements for every infrastructure project; attracting back South
Africans with high-level engineering and project management skills
who are working on projects elsewhere in the world; easing
immigration rules in infrastructure-linked scarce skills categories;
and developing partnerships with universities and other institutions
in the build environment to produce the short- and long-term skills
needs of the infrastructure programme. For example, Minister
Nzimande and the Department of Higher Education and Training, DHET,
are launching a new R160 million programme to increase engineering
capacity at the University of Johannesburg. The two new universities
planned as part of the PICC infrastructure roll-out will further
accelerate capacity.
We see infrastructure, however, not only as a consumer or user of
skills but also as a training space, and so we will set skills and
apprenticeship targets in the project specifications.
We will address the project management and regulatory delay
challenges. The infrastructure programme requires co-ordinated
issuing of permits and licences, environmental impact assessments
and resolution of land servitudes. It requires tight co-ordination
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between the three spheres of government and with public entities. We
will therefore place legislation before Parliament during 2012 to
address this in the form of an Infrastructure Development Bill.
In addition, we seek to improve co-operative governance. The PICC
includes the premiers, the metro mayors, the SA Local Government
Association, Salga, and a number of Cabinet Ministers led by the
President and the Deputy President. It is therefore a forum able to
take decisions to unblock delays across the three spheres. We are
developing focused project management systems and clear performance
dashboards to identify the state of progress with build programmes
to enable the three spheres to intervene early and decisively.
We acknowledge and will address the funding challenges. We need to
think smarter as we plan our infrastructure programmes. Simply
throwing money at a challenge will not do. At the same time as we
increase spending on infrastructure as a percentage of GDP, we must
get more value for money. A number of the components of the
infrastructure plan have funding committed through the national
Budget or the balance sheet of state-owned enterprises. The
infrastructure plan, however, requires reprioritisation across
government with a clear shift of spending from consumption to
investment, so that we lay the basis for our long-term prosperity –
a matter taken up by Minister Gordhan in the Medium-Term Budget
Policy Statement, MTBPS.
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The Industrial Development Corporation, IDC, and the Development Bank
of Southern Africa, DBSA, working with the main state-owned
enterprises and Minister Gigaba, will provide financial support
within their mandate areas, creating a public-private partnership
model to drive infrastructure development. The Presidential
Infrastructure Summit will highlight opportunities open to the
private sector. We will work with retirement funds on opportunities
for long-term infrastructure investment that match their long-term
pension liabilities to members. We will collaborate with
international partners, including Brazil, Russia, India, China, and
the Gulf Co-operation Council, GCC, countries to tap capital from
sovereign wealth funds and private investors.
We acknowledge and will address the challenge of containing costs of
the build programme and combating corruption. Our experience in past
programmes showed high levels of collusion between contractors which
drove up prices of supplies and services. We faced avoidable
industrial action on some of the projects. We are therefore in
discussion with the private sector and organised labour to conclude
an integrity pact as part of a broader accord to address the need
for competitive pricing, firm action against public and private
sector corruption, and co-operative industrial relations. The
competition authorities are ready to crack down on collusion and
price fixing. Combating corruption will also ensure that the hardearned monies that South Africans pay in taxes do, in fact, go to
rebuilding infrastructure and supporting service delivery. And
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specific anticorruption measures will be identified and built into
all processes.
We will ensure that the infrastructure plan spurs job creation,
industrialisation and economic and social development. Jobs are our
key economic goal, and infrastructure can contribute in a number of
ways, such as using labour-based construction methods, creating
permanent jobs in operating infrastructure, and maintaining existing
and new infrastructure. Jobs are also created in the supply of
components for infrastructure and, critically, jobs are created by
this programme across the economy in mining, agriculture,
manufacturing, the green economy, tourism and the creative sectors.
In this context, I am pleased to inform hon members that, working
with Minister Oliphant, the Unemployment Insurance Fund, UIF, has
committed R2 billion for a development bond issued by the IDC, which
supplies funding at prime less 3% for projects with high employment
absorption, bringing the total UIF commitments since 2010 to
R4 billion. [Applause.] The IDC approved funding of R12,6 billion
for the year as a whole, unlocking a total of R26 billion of local
and foreign investment. Of the R10 billion IDC jobs programme
announced in last year’s state of the nation address, the projects
approved to date will create 8 000 new jobs, mainly in
manufacturing, agroprocessing, textiles, mining and the services
sector. [Applause.]
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At the start of last year, there were 13,13 million workers in South
Africa. By the end of last year, there were 13,49 million workers in
South Africa. However one interprets the statistics, the economy
created 365 000 new jobs for the year, which is about 1 000 new jobs
a day. [Applause.] A total of 179 000 jobs were created for the last
three months of the year. However, our economy remains vulnerable to
global economic performance and we need to increase domestic and
regional demand, and infrastructure-led growth can assist to
insulate us from global economic uncertainty.
We intend to include development targets in the project and tender
specifications covering jobs, skills, industrialisation and local
content and also small business development and greening the
economy. With this infrastructure, we must get more than simply the
outcomes of the build programme. Industry must invest to build a
strong industrial presence in selected infrastructure supplies and
use this as a platform to increase exports.
Mr President, yesterday morning the editor of the Cape Times
welcomed the state of the nation address under the heading, “Local
is lekker”, but added that, and I quote –
The PICC has an even more important task to make sure that most,
if not all, the tenders go to South African companies so that the
billions of rand set aside do not leak out of the economy. Only
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then will the multiplier effect come into play, boosting jobs,
consumption and investment and, thus, economic growth.
The selection of key projects must focus on rural development and
strengthening the economic performance of the poorest provinces. As
we roll out the revamped S’hamba Sonke road maintenance programmes
in rural areas, we will look at ways to integrate them with
nationally co-ordinated provision of water and sanitation, schoolbuild programmes and health clinics. This will initially be done on
a pilot basis in the 23 poorest rural districts.
By promoting development in the five economic nodes announced by the
President in the state of the nation address, we intend to ensure
that we do not rely only on growth in the two major metros. To
support a dynamic small business sector and bring more South
Africans into the economic mainstream, government will specify
support for the small, medium and micro enterprise, SMME, role in
infrastructure projects.
Mr President, you announced the new small business funding agency
that will be set up this year that incorporates Khula, the SA
Microfinance Apex Fund, Samaf, and the IDC’s small business lending
book. It will be a wholly owned subsidiary of the IDC with a
distinct public identity. We plan to launch the agency in the first
week of April 2012. Following an injection of funds from the IDC, as
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well as Treasury allocations, the entity will have over R2 billion
available for lending over the next three years.
We will address the challenge to integrate what we do across
government and with the private sector. President Zuma announced key
strategic projects on Thursday — not a list of stand-alone
activities, but a coherent integrated package. For example, the
Limpopo infrastructure development project will be connected with
urban planning to create the first postapartheid new city with
potential for green technologies in housing, community facilities
and workplaces. The Durban-Free State-Gauteng industrial and
logistics corridor will not simply go through the Free State, but is
planned to be a major stimulus for Free State industrial and
agricultural development. The Umzimvubu Dam will be accompanied by
the building of the N2 Wildcoast Highway to connect rural
communities, to link farms to markets and to reduce transport times
between East London and Durban by about two hours. The rail line
from the Northern Cape is connected to a new private sector
manganese sinter plant in the province, due to be completed by June
this year.
Hon members, infrastructure can unlock Africa’s consumer base of
one billion people in terms of Africa’s enormous reserves of oil,
gas and minerals; the large pieces of agricultural land and major
rivers; a climate that can drive solar energy; a very long coastline
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that can facilitate trade; and very high projected growth rates over
the next decade.
Finally, we will address the need to build a common vision behind
the infrastructure plan. Partnerships are at the centre of this
programme. The President referred to four social accords concluded
during 2011: on skills, basic education, local procurement and the
green economy. They help with the successful implementation of the
infrastructure plan. These are the real partnerships we need.
The hon Mazibuko calls for partnerships at the workplace on the one
hand, but, on the other hand, lays out a programme that will simply
invite us back to the age of industrial conflict and shop-floor
tensions, diverting us from the real partnership-building that we
need to do, a partnership around productivity, around skills, and
around service delivery. [Applause.]
We have, therefore, commenced discussions with social partners on a
broader accord that addresses both infrastructure and jobs, and hope
to make progress during the first half of 2012. In short, we are
seeking greater coherence, co-ordination and integration of our
efforts, and the vision outlined in the state of the nation address
provides the framework. Thank you. [Applause.]
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The SPEAKER: Order! Hon members, the next speaker is the hon
Steenhuisen, who will be making his maiden speech. You have the
floor, sir. [Applause.]
Mr J H STEENHUISEN: Mr Speaker, on 9 February the President shared
with us at great length what he feels is required to take us
forward. There is much that is laudable about what was presented,
but, sadly, the President did not deal with many of the systemic
problems which are, in fact, holding us back as a country.
He paid little regard to the hundreds of local government
municipalities and the number of provinces collapsing under the
oppressive weight of cronyism and corruption. This must surely be
one of the biggest challenges holding us back from achieving all we
can as a nation. It is undoubtedly one of the most significant
contributing factors to failed service delivery. And it has been
proved time and time again that the effects of corruption hit the
poorest in our country disproportionately harder.
The President also conveniently failed to mention the entire
meltdown of governance in Limpopo. Unless the administration heeds
the stark and obvious lessons from its almost total collapse under
the burden of cronyism and corruption, the problem will only spread
and place South Africa on the fast track to a failed state.
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It is crony networks and circles of corruption which have ultimately
brought Limpopo to its knees. No government business is concluded or
decision made unless it feeds into a nefarious network of connected
ANC comrades where mutually reinforcing relationships are forged by
politicians and tenderpreneurs. [Interjections.]
Adv T M MASUTHA: Speaker, on a point of order: It is established
convention ...
The SPEAKER: I haven’t given you the floor yet.
Adv T M MASHUTHA: Oh, sorry.
T
he SPEAKER: Okay. Proceed.
Adv T M MASUTHA: It is established convention that a speaker who is
giving a maiden speech is not provocative in order to avoid
retaliation. [Interjections.] So, we encourage the hon speaker to be
considerate in the way in which he addresses the ruling party. Thank
you. [Applause.]
The SPEAKER: Order! Order, hon members! That certainly is a
tradition. Hon member, please proceed, bearing that in mind.
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Mr J H STEENHUISEN: Mr Speaker, Good officials who placed the
interests of the province first were moved aside to be replaced by
more compliant cadres. Like proverbial vampires, the members of this
network have sucked the very life blood out of the province and
grown fabulously wealthy at the expense of the marginalised.
[Interjections.] Obviously, the truth hurts, hon Manuel.
[Interjections.] As a result, service delivery in key departments
such as health, education and transport has ground to a halt — and
the poorest and most vulnerable have been left to suffer the
consequences.
This is the real tragedy in this matter, because as the connected
cadres of the crony circle get fat on the profits of their misdeeds,
the poor slip further into hunger and poverty every day. As
politicians and their friends quaff French champagne, the poor are
forced to share drinking water with cattle; as tenderpreneurs and
politicians flash around in their luxury blue-light convoys, the
poor and the marginalised are pushed further and further off the
road of opportunity. [Applause.]
Instead of decisive action over the past three years, this
administration has sat on its hands, while at least three
multimillion-rand bridges built by crony company SGL Engineering
were washed away within weeks of their completion. An amount of
R400 million was squandered on irregularly procured goods and
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services. Most schools did not receive textbooks and learning
material or any of their allocated funding, bringing education to a
grinding halt. The province dished out a tender of R14 million for
photocopiers to an ANC benefactor and connected crony of Premier
Cassel Mathale. The price was a full R10 million higher than the
next tenderer.
Premier Mathale has run his province into the ground and, despite
presiding over the greatest crisis of governance in South Africa,
the man and his team remain in power. [Interjections.] Now the
President can fiddle around the edges amending this regulation,
reworking that agency, tweaking another rule, but unless we take a
hard line against the politicians and officials at the top who do
wrong, our nation will continue to be dragged below the surface by
the weight of their corruption and greed.
But, Mr Speaker ...
Adv T M MASUTHA: Speaker, I rise on another point of order.
The SPEAKER: What is your point of order?
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Adv T M MASHUTHA: Is it parliamentary for an hon member to say the
things he is saying about a premier of one of our provinces, given
the fact that ... [Interjections.]
The SPEAKER: Order, hon members!
Adv T M MASHUTHA: ... given the fact that he is a member of a
legislature? I don’t think it is appropriate for members of this
House to attack hon members of other legislatures. Could you make a
ruling on that matter?
The SPEAKER: I will study the Hansard and come back with a ruling.
Proceed, hon member.
Mrs S V KALYAN: Speaker, I rise on a point of order.
The SPEAKER: What is your point of order?
Mrs S V KALYAN: Speaker, is it parliamentary for the hon Manuel to
say “shut up” when the member is at the podium? [Interjections.]
The SPEAKER: Order, hon members! Hon members, if indeed the member
said “shut up” it is not parliamentary, but I didn’t hear him.
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Again, I will study the Hansard and come back with a ruling.
[Interjections.] [Applause.] Order, hon members! Order!
Mr J H STEENHUISEN: I will wear the hon Manuel’s scorn as a badge of
pride. Just last week the widely awaited Manase forensic report into
ANC-run eThekwini Municipality was released. The report revealed
that for years politicians and deployed cadres in the administration
had been involved in dodgy tender deals and irregular activities
amounting to over R2 billion.
The report has recommended that criminal charges be instituted
against the officials and the politicians concerned. One wonders if
the ANC are going to have the power to do the right thing and to
sack the officials and councillors involved, and to press those
charges. Or are they going to be recycled only to appear in other
government departments?
This was certainly the case in the matter of the erstwhile municipal
manager of the Bitou Municipality who was dismissed for serious
cases of violating the Municipal Financial Management Act, MFMA, yet
was appointed as a municipal manager in another ANC municipality.
This beggars belief. People like these should be fired, criminally
charged and barred from serving in our Public Service ever again.
[Applause.]
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The DA will be introducing private members’ legislation in this
Parliament which will seek to have public officials found guilty of
corruption, fraud and maladministration, blacklisted and prevented
from being public servants again. It is essential that we prevent
this slide into a failed state.
But it doesn’t have to be like this. The DA has shown the way by
example in the Western Cape, namely that clean and accountable
government can be achieved and that clean and accountable government
attracts investment, both locally and internationally.
[Interjections.]
The SPEAKER: Order!
Mr J H STEENHUISEN: It also shows, in stark contrast to ANC-run
administrations, that there is a causal link between clean and
accountable government and vastly improved service delivery. This
government must take heed and stop the rot in our provinces and
municipalities.
Perhaps when the President replies to this debate on Thursday, he
will include a commitment ... [Interjections.] ... by his
administration – he’s ignored corruption long enough, hon Manuel -
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for bold new actions in the fight against corruption, cronyism and
maladministration.
The President has an opportunity to side with the people of South
Africa, particularly the poor, marginalised and vulnerable who feel
the sting of corruption the hardest. South Africa needs protection
from politicians and officials who abuse the trust placed in them
and who line their own pockets and misdirect state resources for
personal enrichment. [Interjections.]
If the government fails to deal with the tide of corruption then it
will undermine and wash away all the virtuous ends of what the
President announced in his address to the nation. It will infect
every infrastructure project you have outlined and will devour the
funds earmarked for desperately needed social upliftment and relief.
Mr President, the time for talk is now over. It is time for action.
[Applause.]
Ms S C VAN DER MERWE: Mr Speaker, Mr President, Mr Deputy President,
hon Ministers and hon members, there is a “newspeak”, a new
language, about Africa today; it’s about hopeful Africa. This
“newspeak” resonates directly with the President’s call to us to
create a new story for South Africa.
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The President said last week on Thursday that we would begin to
write a new story about South Africa, the story of how, working
together, we drove back unemployment and reduced economic inequality
and poverty. I would like to suggest here that we can do this best
if we look carefully at what is happening on our continent and
recognise this as an opportunity to grow our own economy and bring
prosperity to all our people.
The Economist of December last year lead with the story entitled,
“Africa rising, Africa’s hopeful economies”. This is a dramatic
change in tune for The Economist, which in 2000 labelled Africa “the
hopeless continent”. I quote from the article:
The politics of the continent’s Mediterranean shore may have
dominated headlines this year, but the new boom south of the
Sahara will affect more lives.
It continues:
From Ghana in the west to Mozambique in the south, Africa’s
economies are consistently growing faster than those of almost any
other region in the world. At least a dozen have expanded more
than 6% a year for six years or more and Ethiopia will grow 7,5%
this year, without a drop of oil to export. Once a byword for
famine, it is now the world’s 10th largest producer of livestock.
Further on, the article says:
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Since The Economist regrettably ...
That itself says it —
... labelled Africa “the hopeless continent” a decade ago, a
profound change has taken hold. Labour productivity has been
rising. It is now growing by, on average, 2,7% a year. Trade
between Africa and the rest of the world has increased by 200%
since 2000. Inflation dropped from 22% in 1990 to 8% in the past
decade. Foreign debts declined by a quarter, budget deficits by
two-thirds. In eight of the past 10 years, according to the World
Bank, sub-Saharan growth has been faster than East Asia’s. ...
And the continent’s impressive growth looks likely to continue. This
is a good story. The question is: Are we ready to take advantage of
Africa’s hopeful signs? Are we able to rise to the challenge to
benefit our people and to further lift the prospects for our
continent?
I believe the announcements of infrastructure roll-out by the
President on Thursday suggest that we are indeed well placed for
this new African story to impact in a meaningful way on our country.
I would like to highlight three major areas of work that need our
focused attention in the coming period. These areas are key policy
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positions of the ANC and are evident in government priorities and
extend from the domestic sphere into our international work, as one
is inextricably linked to the other.
The first, directly linked to the government’s domestic
infrastructure plans, is cross-border infrastructure, including
other instruments to improve intra-Africa trade. The second is
developing our greatest asset, our young people, to meet the
challenges. The third is strengthening sound governance practices in
governments and in businesses across the continent and defeating
corruption.
In terms of the first focus area, development of cross-border
infrastructure, the plans announced by the President have included
some of these — the North-South corridor from the heart of our
industrial cities reaching north into the heart of Africa,
improvements to the Durban-Gauteng rail corridor opening up links to
the region and the manganese export channel through the port in
Nelson Mandela Bay. These are examples where these programmes are
already in process.
The White Paper on Foreign Policy for South Africa, published last
year, emphasises the strengthening of regional economic communities
as building blocks for African integration and recognises that
future African economic prosperity will only be realised to the
extent that the continent is able to rationalise and streamline
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these communities. This will include, of course, cross-border
infrastructure programmes, thus creating seamless routes and
connections for trade and interaction for goods and services to be
bought and sold, and for people to move freely.
In January leaders of the continent met in Addis Ababa at the
African Union, in terms of the theme or the title “Boosting IntraAfrican Trade”. I would like to quote again from the article in The
Economist. It says:
Trade barriers have been reduced at least a bit and despite the
dearth of good roads, regional trade — long an African weakness —
is picking up. By some measures intra-African trade has gone from
6% to 13% of the total volume. Some economists think the
postapartheid reintegration of South Africa on its own has
provided an extra 1% in annual GDP growth for the continent, and
will continue to do so for some time. It is now the biggest source
of foreign investment for other countries south of the Sahara.
So, although much of this work is under discussion on regional and
continental levels, I believe there is still much work to be done.
The second area of focused attention is our young people. Africa has
one of the youngest populations in the world. It is our greatest
asset as a country and indeed as a continent. We must spend every
effort to make sure our young people are educated and acquire the
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requisite skills to take advantage of what The Economist defines as
a boom in sub-Saharan Africa.
Here again The Economist makes a comparison with Asia. It says:
There is another point of comparison with Asia: demography.
Africa’s population is set to double from 1 billion to 2 billion
over the next 40 years. As Africa’s population grows in size, it
will also alter in shape. The median age is now 20 in Africa
compared with 30 in Asia and 40 in Europe. With fertility rates
dropping, that median will rise as today’s mass of young people
moves into its most productive years. The ratio of people of
working age to those younger and older — the dependency ratio —
will improve. This “demographic dividend” was crucial to the
growth of East Asian economies a generation ago. It offers a huge
opportunity to Africa today.
We need to be ready, therefore, to take advantage of this
demographic dividend.
The third area I mentioned that I believe needs this attention is
entrenching good governance models on the continent. The efforts
made thus far have resulted in more countries in Africa having held
democratic elections in the past decade than ever before. For the
past 17 years our foreign policy’s number one priority has been our
African agenda, with much work focused on developing solid
continental institutions.
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Looking at the achievements of our own policies and of other
developments on the continent, there has been steady, even dramatic,
progress. It is only 10 years since the launch of the African Union
in Durban in 2002. This union at its heart aspires to bring unity to
a huge and diverse continent and to spearhead the continent’s
development through its New Partnership for Africa's Development,
Nepad, programme.
The AU’s organs include, amongst other organs, the Pan-African
Parliament, which is headquartered here in Gauteng; the African
Court of Justice; and the African Peer Review Mechanism — that
innovative and unique system of peer review among nations.
We can be justly proud that this body is now strengthened by the
appointment of former Deputy President and current national
chairperson of the ANC, Baleka Mbete, to the panel of eminent
persons. These are very good developments and there are many others.
We must, of course, also recognise the difficulties the AU and its
organs have confronted as they develop, but the start has been made
and in the grand scheme of things considerable progress has been
made in a relatively short space of time. The European Union, for
example, is still battling with some of these problems 50 years down
the line.
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All this is encouraging and even exciting. So the question again is:
Are we as a county ready to grow and build with the rest of the
continent? In addition to writing a new South African story, are we
ready to be part of writing a new African story? Do we fully
recognise the desirability and indeed the necessity for us to link
our growth to that of the continent?
Let me relate a little story that happened during the first stages
of the economic crisis in 2008 when I was watching, like everybody
else, those dramatic events unfolding. Banks were collapsing,
markets were tumbling, the United States and other governments were
pumping money into their respective economies to prevent total
collapse. Huge amounts of money with many noughts were being
discussed, and it’s even difficult to conceive of some of the sizes
of the budgets and cash that were being made available. And this all
flashed across the television screens as trillions of dollars were
pumped into economies to stave off disaster.
I watched as politicians abroad were interviewed, saying that this
injection was needed and that, indeed, it was hoped it would prevent
a total collapse. One commentator, on hearing this, said: “Yes, but
hope is not a strategy.” I agree with him.
Hopeful Africa, yes, but hope is not enough. We need focused and
realistic strategies, diplomatic and other, to build our regional
communities, to improve our intra-Africa trade, to entrench models
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of good governance and defeat corruption, and to upskill our young
people to meet the challenges.
We need close working relationships with our African neighbours. We
need diplomatic strategies to overcome our differences ...
The SPEAKER: Hon members, you are making it very difficult for those
who want to listen to hear the speaker. The noise level is very
high. Continue, hon member.
Ms S C VAN DER MERWE: We need diplomatic strategies to overcome our
differences and to work in a more united way in our union. Our
neighbours may well be competitors, but we should welcome this as
their strength can only improve our own prospects in a race to
benefit people right across the continent.
The White Paper on Foreign Policy, which is entitled “The Diplomacy
of Ubuntu”, underscores this point. It states that South Africa’s
relations with individual African countries remain central to its
foreign policy practice and that of the region. South Africa, it
says, will also pursue closer synergy between its bilateral and
multilateral engagements, thus linking our regional work with our
work with individual countries.
This is further encouragement then, but let us not forget some of
the most urgent of our challenges that the President has also spoken
to: the issues of poverty and disease. In this regard, the
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Millennium Development Goals set by the United Nations give us
targets to aim for to improve these chronic curses.
The article in The Economist, which I have referred to, concludes in
the following way:
Progress towards achieving the MDGs is slow and uneven, but it is
not negligible. The mood among the have-nots is better than at any
time since the independence era. True, Africans have a remarkable
capacity for being upbeat. But it seems this time they really do
have something to smile about.
In concluding, I would like to pay tribute to a great South African
internationalist, Johnny Makhathini. The President announced last
week that the diplomatic guesthouse in Pretoria would be named after
Johnny Makhathini. I never knew him, but I wish I did because I have
heard much about him. In the eyes of his comrades and friends he was
a legendary figure in international engagements and he was the ANC’s
permanent representative to the UN from 1977, amongst other roles.
He was a gifted and eloquent debater on international issues during
the dark apartheid years. He was, by all accounts, a fascinating
person.
The guesthouse named after him is a beautifully renovated house on
Waterkloof Ridge, looking out over the African savannah. It is a
place that is perfectly suited to remember his contribution to our
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country. I hope that he would smile at what has been achieved and at
the encouraging prospects of what we still have to do. I thank you
very much. [Applause.]
Mr L M MPHAHLELE: Hon Speaker, hon President, hon Deputy President,
hon members and hon guests, the PAC of Azania welcomes the
President’s admission that the “willing-robber, willingly robbed”
land distribution policy does not work. [Applause.] [Laughter.] Our
forebears took up arms to defend the land and its riches.
Ya lla koto, ya kgutla naha, mobu le matekwane a yona. [The land
returns, the soil and its plants.]
The return of the land must be the first prize of the revolution.
Let democracy be a bonus. Any liberation minus the return of our
land, the liberation of every grain of soil, is a Mickey Mouse
liberation – the ultimate, laughable, make-believe liberation.
Africa always was and always will be the African land. Until such
time that the land question is decisively resolved in favour of
Africans, the whole of the liberation struggle would be in vain.
Until that happens, the African people will remain the drawers of
water and hewers of wood in the land of their forefathers and
foremothers.
Lehumo le tšwa tšhemong, ga le tšwe lefaufaung. Ebile molato wa
tšhemo o sekwa tšhemong. Ga o sekwe ka ngwakong goba ka mafuri.
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[Disego.] [Nothing falls from the sky. No one must earn what they
did not work hard for.]
At first, the colonisers gave us the Bible and usurped the land.
Today, the neocolonisers have given us the Constitution, and
retained the ownership of the land. [Laughter.] They even call it
the best Constitution under the sun. Our Constitution glorifies land
robbery and justifies colonial looting through the property section.
[Laughter.]
Nxamalala, xa uthetha ngomhlaba uyinyathele emsileni. [Uwelewele.]
Uliqule uligangathe mfo kaMsholozi, andikuthelekisi xa ndisitsho.
[Kwahlekwa.] Usikele uPoqo enqatheni xa uthetha ngomhlaba.
[Kwahlekwa.] [Nxamlala, when you speak about land, you are stirring
up trouble. [Interjections.] You must be ready for war, son of
Msholozi, but I am not waging war. [Laughter.] You must share with
the PAC when you speak about land. [Laughter.]]
Hon President, the PAC welcomes the good news that the government
seeks to eliminate all forms of abusive practices inherent in labour
broking. The present slave traders, euphemistically known as labour
brokers, have exploited job seekers long enough. [Applause.] They
take as much as 70% of their victims’ monthly income. That is
slavery.
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Hon President, we welcome the creation of 365 000 jobs during 2011.
The PAC wants to know how many jobs were created as a result of the
multibillion rand arms deal.
While we welcome heritage projects regarding Sobukwe’s home and
grave, we are concerned that the ruling party never honours heroic
PAC leaders and events, except for one leader: Sobukwe.
[Interjections.]
The SPEAKER: Order, hon members! Order!
Mr L M MPHAHLELE: Even then, they say they honour him because he was
once their member. [Laughter.]
In 1967, long before the Matola Raid, a unit of the Azanian People's
Liberation Army, Apla, fighters under commander Gerard Kondlo, was
intercepted by Portuguese forces in Mozambique. What followed was
the celebrated battle of Villa Peri. The South African ...
[Interjections.] Well, that is true, unless you don’t know your
history, hon Minister. [Laughter.] The South African government had
to send reinforcements to help overcome the freedom fighters. Why is
only the Matola Raid memorialised in Mozambique? Why is there a
conspiratorial silence over the PAC-inspired Poqo uprisings? Why is
there no mention of the Lion of Azania, Zephania “Uncle Zeph”
Mothopeng? The heritage project is fundamentally flawed, because it
is biased and partisan. It smacks of party-propaganda posturing.
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Of the 134 people who were executed for political reasons, 94 were
PAC members, and that is beyond denial. Bhekaphansi Vulindlela, a
PAC member, was executed at the age of 18, making him the youngest
person to be executed for political reasons. I am teaching you a
history lesson, hon Minister. [Interjections.]
The oldest person was also a PAC member, Hlathi Blayi, who was
executed at the age of 63. Jafta Masemola spent a longer time than
any other person on Robben Island as a political prisoner.
[Interjections.] David Maphumzana Sibeko pioneered the cause of the
South African struggle at the United Nations. In fact, after he had
delivered his speeches, African diplomats used to carry him shoulder
high. He was a giant. [Time expired.] [Applause.]
Mr K J DIKOBO: Mr Speaker, hon President and Deputy President, hon
Ministers and Deputy Ministers, hon members and honoured guests, as
a young boy growing up, my father taught me the evils of gambling.
Under threat of punishment, my older brothers and I were told not to
gamble. In our area, gambling was largely in the form of cards and a
dice. I obeyed my father’s instructions, except that one day I found
myself at a place where other boys were gambling. I did not gamble;
I just stood there and watched.
Unfortunately that day we were ambushed by the then South African
Police, and they apprehended us. I protested that I did not take
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part in the gambling, but I was told ... “Maar julle staan en kyk.”
[But you are standing there, looking on.] [Laughter.]
As a young boy then, I concluded that the system was unfair, for how
could it lump gamblers and spectators together? Later in life, a
lawyer friend of mine explained to me that to law-enforcement
officers the fact that I stood there meant that I derived pleasure
from what was happening, but if I had not, I should have gone to
report that a crime was being committed. [Laughter.]
A moulana also taught me that according to the teachings of the
prophet – peace be upon him – I should have received double
punishment, because I had received enlightenment, and yet I did not
share it with the gamblers. He told me that I was the worst
offender. [Laughter.] We will come to this story later.
Mr President, your speech was by and large clear and coherent. The
new infrastructure plan had clearly defined activities. The idea of
major geographically focused areas is commendable. The plan has the
potential to change the face of South Africa for the better and to
create the much-needed jobs.
Let us talk about risk analysis, Mr President, and what can go wrong
and therefore put this plan in jeopardy. Number one is corruption.
Corruption, Mr President. We suspect that as you were addressing
this House and making mention of the money allocated for the
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infrastructure, there were those who were already salivating, who
took out their calculators to compute how much they could make for
themselves. [Laughter.]
What is going to be the role of the Presidential Infrastructure Coordinating Commission, PICC, in ensuring that tenders are awarded to
deserving bidders and that appointed contractors do not do shoddy
work and leave us with poor infrastructure that will collapse at the
mere mention of the words wind or floods? [Laughter.] What is the
PICC going to do to ensure that there is no underspending, as there
has been in the Eastern Cape, where the department of education only
spent 28% of its allocated infrastructure grant between April and
December 2011 — this, in a province that still has mud schools?
Hon President, you referred to the lesson learned from project
management of the 2010 Fifa Soccer World Cup build programme. Very
well, sir. Azapo will be watching and we will speak out if we see
things going wrong. Otherwise, history will judge us harshly and say
to us ... “Maar julle staan en kyk.” [Gelag.] [But you are standing
there, looking on. [Laughter.]]
Azapo also welcomes the plan to refurbish hospitals and nurses’
homes. Some of the infrastructure in our hospitals has deteriorated
to unacceptable levels, mainly because of poor maintenance or no
maintenance at all. We are disturbed by reports we get of nurses and
other health professionals staying in dilapidated buildings.
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Azapo welcomes the plan to integrate road and rail. The plan, if
successful, will reduce the damage that is done to our roads and
remove dangerous substances being transported daily on our roads. It
will also reduce the number of accidents on the roads of our land.
And as you think of these plans, Mr President, Azapo urges you to
seriously look at empowering the Department of Public Works to roll
out some of these projects or to consider creating another stateowned enterprise to roll out the plan. It is called “Public Works”,
so let it work.
We thought, Mr President, that in your address you would say
something about the situation of hospitals being unable to pay the
National Health Laboratory Services, which resulted in the closure
of some of the laboratories, temporary as it were, thus leading to
the unavailability of services provided by those laboratories. How
was the situation allowed to reach those levels?
Azapo has noted with appreciation that you have requested Eskom to
seek options on how the electricity price requirements may be
reduced. We agree that it is important that Eskom remain financially
viable while electricity remains affordable. That is why we call
upon the shareholders to increase their investment in Eskom. If this
does not happen, many poor people will simply resort to firewood as
fuel and, in the process, destroy the forests.
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In the state of the nation address, Mr President, you declared
2011 as the year of job creation and promised the creation of
500 000 jobs; 350 000 people have been employed, so how do we
calculate this? Is this the difference between the jobs that were
created and the jobs that were lost? We need to understand. In the
same breath, you also promised that fully-funded vacant posts in the
Public Service would be filled. What is the outcome?
We support you and congratulate teachers, learners, parents and
communities on the increase in the matric pass rate. In terms of the
Eastern Cape, Mr President — yes, section 100(1)(b) to assist — we
are disturbed by reports of a stand-off between the national team
and provincial officials. Provincial officials are reported to be
blocking and frustrating efforts by the national team to bring
order. They’ve effectively shown them the wrong finger. The province
is an integral part of South Africa and not some breakaway or
secessionist republic. Do something to bring the Eastern Cape into
line, for the sake of our children in that province. We have heard
the tough talk, Mr President. Azapo now calls upon you to walk the
talk.
We agree that the willing-seller, willing-buyer system has not been
the best option. As we interact with the Green Paper, Azapo will
call upon expropriation as a last resort where everything else has
failed.
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You want to eliminate all the harmful and abusive practices in
labour broking. Well, you can’t, Mr President, because the system
itself is inherently abusive. It has no single benefit for the
workers, because it was never designed to assist them. The solution,
in Azapo’s view, is a complete ban on labour brokers who are the
modern form of slave owners.
We welcome the heritage project announcement, hon President, more
especially the inclusion of other heroes from outside the ruling
party. [Applause.] We have noted the inconclusive vote by the
African Union to elect a Chairperson of the AU Commission. We have
also noted that hon Minister Nkosazana Dlamini-Zuma will still be a
candidate at the next summit. Azapo wishes her well, but then, Mr
President, you have not really taken us into confidence on why it is
important for the AU, for the Southern African Development
Community, for South Africa, and for the hon Minister to be at the
helm of the commission. Thank you. [Time expired.] [Applause.]
The MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Mr
President, Deputy President, Speaker, hon members of this House, in
his state of the nation address President Zuma reminded us all that:
The year 2012 is also special because it marks the 16th
anniversary of the Constitution of the Republic, which gives full
expression to our democratic ideals.
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The President said further:
The Constitution is South Africa’s fundamental vision statement,
which guides our policies and actions. We reaffirm our commitment
to advance the ideals of our country’s Constitution at all times.
It is the Constitution of the Republic of South Africa that is our
guide as we advance in our quest to create a national democratic
society. In its preamble, the Constitution enjoins all of us to:
Heal the divisions of the past and establish a society based on
democratic values, social justice and fundamental human rights;
Lay the foundations for a democratic and open society in which
government is based on the will of the people and every citizen is
equally protected by law;
Improve the quality of life of all citizens and free the potential
of each person; and
Build a united and democratic South Africa able to take its
rightful place as a sovereign state in the family of nations.
As we celebrate 100 years of selfless struggle by the ANC, it is
important to reflect on how the history of the ANC struggle sought
to advance human rights and equal opportunities for all people of
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South Africa. The struggle for freedom has always been a struggle
for human rights, a struggle for justice.
It was, therefore, no coincidence that in 1923 the ANC was the first
organisation in South Africa to adopt the Bill of Rights. Its main
themes in 1923 were that human rights should be universal, that all
South Africans be given the right to ownership of land, that there
should be equality before the law, and that there should be equal
political rights.
These fundamental principles were rooted in contemporary democratic
thinking and applied to our own specific South African conditions.
These fundamental principles laid the basis for the adoption of the
Africans’ Claims in South Africa document by the ANC in 1943.
The Africans’ Claims committed to the following, amongst other
things: the abolition of political discrimination based on race, the
right to equal justice in courts of law, freedom of movement and the
repeal of pass laws, the right to freedom of the press, the right of
every child to free and compulsory education, and equality of
treatment with any other section of the South African population.
It is also of significance that the Africans’ Claims were adopted
ahead of the United Nations Universal Declaration of Human Rights in
1948. It did not end there. The continual struggle for freedom
culminated in the Congress of the People, a countrywide campaign
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that led to the birth of the Freedom Charter, which became a
profound policy document that ultimately became and formed the
bedrock of our current Constitution in the Republic of South Africa.
The masses of our people, when assembled in Kliptown in 1955,
pledged to fight side by side, throughout their lives, until they
had won our liberty. It has taken close to half a century for these
freedoms and these liberties contained in the Freedom Charter to be
realised in a protected, painful struggle for freedom led by the
ANC.
Allow me, also, to remind this House that many in the liberation
movement suffered the consequences of fighting for the
constitutional values that we enjoy today. In this regard, many were
imprisoned, many were exiled, many suffered various atrocities at
the hands of the repression by the South African security forces.
Many paid the ultimate price to ensure that this fundamental vision
statement that the President talked about represented and found
expression in every sphere of our endeavours as South Africans.
As you would know, these historical documents formed the basis of
the mandate of the ANC leaders who led the negotiation process for
the free democratic South Africa that we have come to witness today,
representing the views and aspirations of millions of South African
people. The unbanning of the ANC and other political parties and the
release of former President Nelson Mandela and other political
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leaders set the tone for the negotiated settlement. The Groote
Schuur Minute and the Pretoria Minute set the conditions for the
negotiations between government and all political formations led by
the ANC.
These negotiations, as we all know, ushered in our esteemed
Constitution, which was eloquently described by former President
Mandela as follows:
This is our national soul, our compact with one another as
citizens, underpinned by our highest aspirations and our deepest
apprehensions. Our pledge is: Never, never again shall the laws of
our land render our people apart, or legalise their repression or
oppression. Together we shall march hand in hand to a brighter
future.
Therefore, this Constitution is founded on the values that the ANC
stands for: nonracialism, nonsexism, respect for human rights and
prosperity for all. It enshrines a justiciable Bill of Rights which,
in terms of section 7 of the Constitution, is the cornerstone of our
democracy. It enshrines the rights of all people in this land and
affirms democratic values, human dignity and freedom.
The independence of the judiciary and the rule of law are the
pillars on which the constitutional order is anchored. The
separation of powers embodied in our Constitution provides checks
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and balances to safeguard these values. Each of the three arms of
the state has been conferred a mandate by our Constitution.
These mandates are not meant to result in unhealthy competition or
conflict with one another, or to put the three arms into
antagonistic positions against each other. Instead, the Constitution
creates a complementary framework in terms of which powers are
exercised in a manner that would entrench the overall text and
spirit of the Constitution as a whole.
We should bear in mind that the judiciary, by and large, must, as
the late Chief Justice Mahomed would attest, interpret laws that
seek to buttress our democratic order in line with the general
injunction of the Constitution. These laws are instruments enacted
by the legislature. This is a very important principle because the
crafters of our Constitution had full knowledge of the inherent
tension in the interplay amongst the three arms of the state, hence
the powers to make laws do not reside with judges but with the
legislature.
Similarly, the power and mandate to interpret the law does not
reside with the legislature or the executive but with the judiciary.
On the other hand, the executive is charged with political
administration to ensure transformation and development, and not the
judiciary.
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The Constitutional Court continues to have a significant role in the
transformation of society ...
Prince M G BUTHELEZI: Mr Speaker, on a point of order ...
The SPEAKER: Hon Minister, just hold on for a second. Yes, sir?
Prince M G BUTHELEZI: Babanga umsindo laphaya, sikhathele umsindo.
[Uhleko.][They are making a noise over there; we are tired of the
noise. [Laughter.]]
The SPEAKER: Hon members of the IFP on that side ... [Laughter.] ...
and all members in the House, we want to hear the speaker. Proceed.
The MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: The
Constitutional Court continues to have a significant role in the
transformation of society, which is underscored by a series of
landmark judgments by the highest court in the land. These judgments
include, amongst other judgments, the Makwanyane judgment which
outlawed the death penalty and reinforced the values of human
dignity and ubuntu; the Grootboom judgment which gave effect to the
right to housing enshrined in the Bill of Rights; as well as the
Treatment Action Campaign, TAC, judgment which gave effect to the
right to basic health care and access to antiretroviral drugs.
Our evolving jurisprudence championed by our Constitutional Court
should always strive to advance the values of a democratic society
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to improve the quality of life of all our people. It is within this
context that the judgments of the courts, in particular of the
Constitutional Court, will generate debates and criticism, not
unusual in a constitutional democracy.
However, any criticism in this regard will always be welcomed as
stated by the late former Chief Justice Mahomed:
What they are entitled to and demand is that such criticism should
be fair and informed; that it must be in good faith, that it does
not impugn upon the dignity or bona fides and, above all, does not
impair their independence because judges themselves would not be
the only victims of such impairment.
The assessment, therefore, of the impact of judgments of the
Constitutional Court on the transformation of the South African
society seeks to evaluate the impact of our jurisprudence on the
democratisation process. This must, therefore, not be viewed as an
attempt by government to undermine the independence of the judiciary
and the rule of law which are entrenched in our Constitution.
The ANC government continues to implement laws and programmes to
safeguard the constitutional values that advance the national
democratic principles that underlie our rainbow nation. The
Constitution Seventeenth Amendment Bill, its accompanying Superior
Courts Bill currently being debated in Parliament, and the
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President’s proclamation that establishes the Office of the Chief
Justice as a separate independent entity, seek to affirm our
commitment to the independence of the judiciary.
The measures we have introduced are not an ideological onslaught on
the independence of the judiciary, as some of our detractors argue,
but are constitutional imperatives entrusted to our government. This
includes the obligation to establish a judiciary that reflects the
racial and gender demographics of the South African society. The
transformation of the judiciary extends beyond the racial and gender
composition and includes changing the mindset of the members of the
distinct arms of the state and the transformation of the legal order
to advance the attainment of our national democratic society.
In striving for a better life for all, underpinned by our vision of
a nonracial, nonsexist, democratic and prosperous society, we have
persistently encountered obstacles, mainly due to the legacies of
more than 300 years of colonial oppression, which produced an
economy predominantly led and owned by white males. Our agenda is
informed by a framework for a mixed economy, where the private
sector and our developmental state interplay to resolve the legacy
of colonialism and apartheid.
This journey towards a national democratic society is and will not
be easy as the first president of the ANC, John Langalibalele Dube,
told us in January 1912:
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Many are the difficulties I foresee in our way — enemies without,
fierce and frank; dangers within, undersigned perhaps but still
more harmful. It will be an uphill fight, but our watchword shall
be “Excelsior!” — onward, higher; cautiously, ploddingly! ... by
the nobility of our character shall we break down the adamantine
wall of colour prejudice and force even our enemies to be our
admirers and our friend.
On this occasion, Mr Speaker, allow me to make a call that we should
look beyond our differences and ensure that we all work towards the
vision of a national democratic society that is envisaged in our
Constitution. We will continue to build a stable, peaceful,
democratic, nonsexist and prosperous society, in which the fruits of
our country are enjoyed by the people as a whole, as outlined in the
Freedom Charter and further consolidated in our guide, the
Constitution. I thank you. [Applause.]
Mr N T GODI: Mr Speaker, Comrade President, Deputy President,
comrades and hon members, I rise on behalf of the APC to
congratulate you, hon President, on your state of the nation
address. You spoke to some of the issues critical to taking us
forward as a country with clarity, focus and detail.
Our Constitution enjoins us to honour those who suffered for justice
in our country. In this year of the centenary of the liberation
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movement, the APC wants to reiterate that yes, we have a future as
much as we have a past. Yes, we had a brutal colonial system of
white minority rule that oppressed and exploited the African
majority politically, economically and culturally, and that as we
live and enjoy this freedom, let’s not forget where we come from.
Rural development, land reform and agriculture must be elevated to a
higher pedestal as areas of possible and easy competitive advantage.
Africans must consume what they produce. Productive land should not
be allowed to lie fallow.
The APC agrees fully with you, Comrade President, that land reform
has to be done differently. Land reform must be seen not only as a
matter of historical redress, but also as a matter of social
justice. It cannot be that white South Africans should own land out
of proportion to their population figures. It is not sustainable.
We equally make a call for the development of the rural areas.
People in rural areas bear the brunt of underdevelopment and
grinding poverty. In many instances they lack basic amenities like
water, proper roads, etc.
We also make the call that the role of traditional leaders in
socioeconomic development needs to be clearly articulated and
properly implemented. The APC, Comrade President, remains concerned
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that the issue of the remuneration of headmen and headwomen remains
a dream deferred.
Despite the half-hearted recommendations of the Seriti commission in
August 2011, there has been no implementation. So, headmen and
headwomen in Limpopo continue to earn R13 000 per annum, whilst
those in the Eastern Cape earn about R86 000 per annum.
Comrade President, the APC calls upon you to hear the pleas and heed
the plight of headmen and headwomen, who are both the motive force
and underclass of the Institution of Traditional Leadership. The APC
submits that the way in which issues of traditional leaders are
handled still leaves much to be desired.
The APC has always articulated and striven for a society that is
democratic in form, nonracial in character and socialistic in
content. The APC therefore welcomes and supports an enhanced role of
the state in the economy. The difference in economic development
between India and China, as observed by Robert Sobukwe in 1959 and
which still holds true today, is the difference between a state
playing a key role in the economy and the opposite.
The APC wants to congratulate SADC on taking a firm stand against
French neocolonialism. We must continue our challenge for the
chairpersonship of the AU Commission. The APC has full confidence in
Dr Nkosazana Dlamini-Zuma. [Applause.] We also wish to applaud
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Comrade Baleka Mbete on her appointment to the African Peer Review
Mechanism. We want to see South Africa playing a more prominent role
in the continent’s affairs.
The unfolding events in the Syrian Arab Republic are a matter of
concern for the APC. However, the APC believes that South Africa
must only support the Arab League if it has norms and standards to
which it subjects all member states, and not just some because they
happen to be ruled by non-Sunnis.
How do oligarchs who do not allow women to watch a soccer game in a
stadium or drive vehicles lead a charge to demand human rights and
democracy in Syria? South Africa should not allow itself to be used.
[Applause.]
Finally, as the APC, we say to the ANC: Happy birthday! The APC
loves you. [Applause.]
The SPEAKER: Hon member, you still had another minute to go.
Mrs J D KILIAN: Mr Speaker, while the announced super-spending on
infrastructure development is good news, Cope is concerned that the
roll-out of this programme may be impeded by the escalating public
wage bill, which already consumes 42% of government expenditure.
Furthermore, we are concerned that the President said very little
about critical issues that impact on South Africa’s positioning as a
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developing country and an attractive investment destination. These
include education, skills development, service delivery and the
rooting out of the scourge of corruption.
Remarkably, the President was also silent on the information and
communications technology, ICT, sector and its role in building
public-private partnerships for investment in communications
infrastructure, which is a key cornerstone for economic growth.
I will deal with a few issues that could place us on a trajectory to
development and which could eradicate poverty and inequality. If we,
however, fail to address these challenges, we will fail the nation
as a whole, in particular the youth of the country.
In 2009 President Zuma gave South Africa an undertaking that
teachers would be in their classes in schools on time and that they
would be teaching. Yet, after a crippling teacher strike in 2011,
which left thousands of matric learners at their own mercy, the
President said this year that we had had remarkable success in basic
education on the basis of an upward trend in the matric pass rate, a
trend of which the credibility and the quality of the matric results
are being questioned by many independent education experts.
Cope, like many thousands of parents in South Africa, believe that
the South African public school system suffers from the dangerous
effects of irresponsible career unionism, which is the major source
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of teacher absenteeism. This sad state of affairs is contributing to
a dangerous inequality gap - those who matriculate from schools
where teachers are committed to quality education and those who have
to fend for themselves when teachers go on strike and when union
leaders use teacher strikes to advance their own standing in the
ruling alliance. And then the President thanks them for resolving
the crisis they themselves created.
Within the first four weeks of the new academic year in the Eastern
Cape, which is the province with the worst matric results in the
country last year, seven million teaching hours had already been
lost, and then the President congratulates the union leaders on
resolving the crisis.
The question is: Does the President support his Minister of Basic
Education and her efforts in the section 100(1)(b) intervention? Why
did he deliver her to the detractors who have no real interest in
the wellbeing of the learners of our country? Is the President
really serious about quality education and the future of our youth,
or are learners in the Eastern Cape knowingly sacrificed in the
crossfire on the road to Mangaung? [Applause.]
The President’s scant reference to improvements in the fight against
crime and corruption was also unsatisfactory. Private sector
initiatives can help, but government should lead this fight.
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Government needs to send a strong signal. We need public sanction
for people in high offices who are caught in corrupt practices.
Why are the harsh sanctions prescribed in the Public Finance
Management Act not implemented? Are there too many sensitivities and
loyalties that prevent its strict application? Or is it a lack of
political will? How many errant officials have been made to pay back
the spoils of corrupt practices? According to the Auditor-General,
none so far.
When the noose tightens, those guilty of misappropriation of state
resources simply resign or they get redeployed somewhere else in the
Public Service. Members of the Ethics Committee of Parliament
recently let a former member of the executive off the hook because
he resigned from Parliament. But what message does that send, sir,
if a member of the executive can escape sanction by simply
resigning? Must we resign ourselves to a general perception that
bribery and corruption have become a South African way of doing
business? No, sir, we should not. As a nation, we need to stand up.
Every day individuals and organisations around the world stand up to
corruption, from accountants to school teachers to journalists —
people with diverse backgrounds, but with a single message:
corruption shall not and will not be left unchallenged, showing that
it is possible for ordinary people to do extraordinary things. But
it is a lot easier if government plays its part through introducing
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the necessary penalties in the Executive Members’ Ethics Act and
other laws that govern the public sector.
We know that where there is power and money, there will be attempts
at corruption. The only variable is how serious it becomes and what
is done to expose it. We don’t need limp-wristed reprimands or
redeployment, depending on the individual’s potential influence in
Mangaung. We need firm action from the government, irrespective of
the individuals concerned.
South Africans also expected more concrete emphasis on measures to
arrest the intensifying collapse of service delivery at local
government level. Damning findings by the Auditor-General indicate
widespread unauthorised, irregular, fruitless and wasteful
expenditure in local government. Nearly R10 billion of public funds
could not be properly accounted for, with much of it potentially
being lost through fraud and corruption. Why did the President not
express his concerns about this trend? Or does the shadow of a
collective voting strength of ANC cadre councillors in Mangaung
cloud the issue of local government service delivery failures?
Cope’s challenge to the President and the government is to fight
corruption with decisiveness. Thank you. [Time expired.] [Applause.]
Mnr N J VAN DEN BERG: Mnr die Speaker, verhoudings is meestal
inherent ingewikkelde konsepte. Jy kan nie van verhoudings ontvlug
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nie. Die hele lewe is deurspek met verhoudings. Vra maar vir enige
mens hoe moeilik of maklik dit kan wees. Verhoudings kan die mens
laat blom van geluk of dit kan vernietigend wees as dit misluk. Hoe
dit ook al sy, verhoudings verg aandag. Dit moet daagliks onderhou
word. ’n Goeie verhouding kan ook nie net van een kant af kom nie.
Beide partye moet elke dag hard werk om die verhouding te laat
slaag, mekaar dinge gun wat die ander se menswees laat blom.
Die mens se verhouding met die staat is een van die belangrike
verhoudings in sy bestaan. Die veeltalige, multikulturele aard van
Suid-Afrika maak eenvoudige, ongekompliseerde verhoudings tog
moeiliker, maar dit skep ook unieke geleenthede vir versoening.
Mnr die Speaker, die President se toespraak het op belangrike makroekonomiese sake gefokus, maar mnr die President, u het gefaal om met
ons te praat oor sake wat ons harte raak en ons nasie saamsnoer en
versoening aanwakker.
Ons is bly die President het ’n versoenende gebaar gerig aan die
Khoi-mense deur te verwys na sekere erfenisgebiede. Ongelukkig was
dit net ’n druppel in die emmer. Die President moet weet, en ek wil
nie die saak onredelik vereenvoudig nie, die gewone mens meet die
regering se agting vir hom as mens op grond van die regering se
houding teenoor sy taal en kultuur. Die verskillende taal- en
kultuurgroepe waak jaloers oor die eie en wat die ander kry.
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Alhoewel ons as individue almal lede van die wonderlike SuidAfrikaanse nasie is, is ons vanweë natuurlike faktore tog losweg in
verskillende taal- en kultuurgroepe gevoeg. Die groepe is soos die
land se kinders: Jy kan nie vir die een iets gee en nie vir die
ander nie. Jy kan ook nie iets by die een wegvat en vir die ander
gee nie. Die regering kan ook nie iets belowe en dit nie gee nie.
Ons moet ook so optree dat dit nie gesonde nasieskap ondergrawe nie.
Alhoewel daar groeperinge is, moet ons dit nooit uit die oog verloor
dat ons saam ’n toekoms moet bou nie. Die toekoms het genoeg ruimte
vir almal. Dit is juis oor die toekomsbeskouing waar apartheid so
jammerlik gefaal het. Die DA sien ’n wonderlike gesamentlike toekoms
vir ons almal onder een sambreel, so ’n mooi bloue.
[Tussenwerpsels.]
Die Grondwet is ook so geskryf om as versekering te dien dat alle
groepe se taal- en kultuurerfenis beskerm word. Dit moet ook
bevorder en gevier word. Die regering moet alles moontlik bydra om
Suid-Afrika se kultuurerfenisgebiede te beskerm en te bewaar. Ons
sal beoordeel word volgens die wyse waarmee ons met historiese
artefakte en die geskiedenis gehandel het.
Dit is nou onverstaanbaar dat die regering onrus en woede stook met
die wetsontwerp oor tale, die South African Languages Bill. In sy
huidige vorm is die wetsontwerp ongrondwetlik en sal die DA alles in
sy vermoë doen om elke taal van ons land te beskerm. Taal en kultuur
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is en bly een van die hoekstene van versoening. Versoening hou ook
nooit op nie. Ons sal nooit ’n dag in ons land kan hê waar ons sal
kan sê dat versoening nou bereik is, dat alle verskille bygelê is
nie.
Ons moet elke dag onsself afvra: Het ek vandag so opgetree om
verdeeldheid, onreg en liefdeloosheid weg te boender? Is ek ’n ware
versoener? Ons moet elke dag daarna streef om die taal wat ons
moeders aan ons gegee het met sorg te praat, dit blink te poets en
ook ’n besondere poging aan te wend om onsself meertalig te maak
sodat ons kan deel in die trefkrag en darteling van ons inheemse
tale. Gaan lees gerus weer ’n mooi gedig in jou taal en raak van
voor af verlief op jou eie taal. Dit is tog immers Valentynsdag.
Ons hoor die pragtige Afrikaanse gedig, D J Opperman se Sproeireën,
as een voorbeeld: (Translation of Afrikaans paragraphs follows.)
My nooi is in ’n nartjie,
my ouma in kaneel,
daar’s iemand ... iemand in anys,
... daar’s ’n vrou in elke geur!
As ek ’n stukkie nartjieskil
tussen my vingers buig of knak,
breek uit die klein sproeireën
wat geurend om my hand uitsak,
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die boorde weer van Swartfoloos
en met die nartjies om my heen
weet ek hoe dat ’n vrou kan troos.
O my nooi is in ’n nartjie,
my ouma in kaneel,
daar’s iemand ... iemand in anys,
daar’s ’n vrou in elke geur!
[Mr N J VAN DEN BERG: Mr Speaker, relationships are mostly
inherently complex concepts. One cannot escape relationships. Life
as a whole is interspersed with relationships. Ask anyone how
difficult or how easy they can be. Relationships allow one to
blossom because one is happy or they can be destructive if they
break down. Be that as it may, relationships require care. They
should be sustained on a daily basis. A good relationship also
cannot come from one side alone. Every day both parties have to work
hard in order to for the relationship to succeed, allow each other
things which will enable the other’s being to blossom.
One’s relationship with the state is one of the important
relationships of his existence. Yet the multilingual, multicultural
nature of South Africa makes simple, uncomplicated relationships
more difficult, but it also creates unique opportunities for
reconciliation.
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Mr Speaker, the President’s speech focussed on important
macroeconomic matters, but hon President, you failed to speak to us
about matters which are close to our hearts and which unite the
nation and foster reconciliation.
We are glad for the President’s conciliatory gesture towards the
Khoi people when he referred to certain heritage areas.
Unfortunately it was only a drop in the ocean. The President should
understand, and I do not want to unduly simplify the matter, that
the ordinary person measures the government’s respect towards him as
a human being on the grounds of the government’s attitude towards
his language and culture. The different language and cultural groups
jealously guard over their own and what the others receive.
Although we as individuals are all members of the wonderful South
African nation, we are still, owing to natural factors, loosely
linked into different language and cultural groups. These groups are
like the children of the country: One cannot give something to the
one group and nothing to the other. One also cannot take away from
the one group and give it to the other. The government cannot
promise something and not give it. We should also conduct ourselves
in such a manner as not to undermine healthy nationhood.
Although there are groupings, we should never lose sight of the fact
that together we should build a future. The future has enough room
for all. It is precisely apropos of its approach towards the future
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that apartheid failed dismally. The DA sees a wonderful future
together for all of us under one umbrella, a beautiful blue one.
[Interjections.]
The Constitution is also written in such a manner as to guarantee
the protection of the language and cultural heritage of all groups.
This heritage should also be promoted and celebrated. The government
should contribute in all possible ways to protect and to promote
South Africa’s cultural heritage areas. We shall be judged according
to the manner in which we dealt with historical artefacts and
history.
It is incomprehensible that the government foment unrest and anger
by means of the Bill on languages, the South African Languages Bill.
In its present form the Bill is unconstitutional and the DA will do
everything in its power to protect each language of our country.
Language and culture are and remain one of the cornerstones of
reconciliation. Reconciliation never ceases. We shall never be able
to have a day in our country where we would be able to say that
reconciliation has now been achieved, that all differences are
settled.
We should ask ourselves every day: Did I behave today in such a
manner that discord, injustice and a lack of compassion have been
eradicated? Am I a true conciliator? Every day we should strive to
speak the language which our mothers gave us with care, to make it
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radiant and also to make a special attempt to become multilingual so
that we can share in the effect and the playfulness of our
indigenous languages. By all means go and read again a beautiful
poem in your language and fall in love with your language all over
again. As you know, it is St Valentine’s Day today.
We listen to the beautiful Afrikaans poem Sproeireën by D J
Opperman, for example:]
My nooi is in ’n nartjie,
my ouma in kaneel,
daar’s iemand ... iemand in anys,
... daar’s ’n vrou in elke geur!
As ek ’n stukkie nartjieskil
tussen my vingers buig of knak,
breek uit die klein sproeireën
wat geurend om my hand uitsak,
die boorde weer van Swartfoloos
en met die nartjies om my heen
weet ek hoe dat ’n vrou kan troos.
O my nooi is in ’n nartjie,
my ouma in kaneel,
daar’s iemand ... iemand in anys,
daar’s ’n vrou in elke geur!
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Afrikaans, will you be my Valentine? Ek dank u. [Applous.] [I thank
you. [Applause.]]
The MINISTER OF PUBLIC ENTERPRISES: Hon Speaker, hon President, hon
Deputy President and hon members, I know that I’m literally standing
between the hon members and their Valentines commitments. So, I
shall waste no time.
The hon President has already outlined what was an extensive and
very visionary state of the nation address, beckoning us to do more
together and united in our diversity to advance our historic mission
of total emancipation and construct a national democratic society
with a high rate of growth and shared wealth.
Never has a vision been so eloquently articulated through concrete
projects as in what the President outlined in such a comprehensive
fashion and with such admirable thoroughness such that words alone,
no matter how beautiful, would seem wholly inadequate.
The central theme of the President’s message was that we need to act
urgently and concretely to get South Africa working, growing and
moving. The vision advanced by the President beckons us to pursue a
growth-enhancing economic response path that places at its core
infrastructure development and that deals directly with structurally
entrenched industrial weaknesses, amongst which is investment in
social and economic infrastructure.
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The developmental state paradigm has no space for fatalism, but
encourages pragmatic creative policy thinking which takes into
account the strategic focus of the state, the institutional
architecture, the organisation of the state, technical capacity and
the political will to take hard decisions that powerful actors or
interest lobby groups would otherwise evade.
The state of the nation address is predicated on the government’s
willingness to correct capital market failures through
infrastructure investments as a mechanism to facilitate economic
transactions.
As outlined by the President, the state-owned companies are but one
of the vehicles for the achievement of the national objectives. The
programme outlined in the state of the nation address could
potentially position South Africa as a manufacturer of capital and
intermediate goods through investment in localisation programmes.
The programme seeks to meet the global demand for our natural
resources, exploit economic opportunities in various routes and
present a new opportunity in particular for the manufacturing
industry to create downstream linkages, whilst the electrification
programme is responding to our growing economy and seeks to ensure
security of supply, with a long-term objective of reducing the
carbon footprint by 2030, and building technical expertise that can
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be converted into a national asset for a global south
electrification programme.
Already, through the construction of the Medupi and Kusile power
stations, the socioeconomic impact of Eskom in these communities is
massive. The next step is to encourage provincial and local
governments to use the technical capacity created by this investment
to stimulate local economic development. By its nature, the
developmental state is the manager of the strategic sectors of the
economy and of the reallocation of resources to productive sectors.
Infrastructure is critical for South Africa to break free from the
minerals complex economy and to diversify — to build a dynamic
economy. We believe that through the public infrastructure
programme, we are not only testing our ability to facilitate crosspollination between the public and private sectors, but we will be
writing a story on growth that is unique in the South African
context.
In that regard, government is determined that it should provide the
leadership requisite for infrastructure roll-out to take place,
including through resolving all bureaucratic impediments to the
speedy and successful implementation of projects. For example, we
have acted swiftly to eradicate the obstacles that might impede the
implementation of the coal corridor expansion from the Waterberg by
engaging with our Swazi colleagues at ministerial level to ensure
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the commencement of the work towards the 146-kilometre Swazi rail
link.
Ministers in the Cabinet understand that the successful
implementation of these projects is not merely the responsibility of
the relevant state-owned companies, so they are taking the lead.
Furthermore, we understand that the Department of Public Enterprises
must intensify its focus on its three functions as the shareholder,
stakeholder and change manager. The issue of organisational capacity
requires that we continue to pay attention to the strength of our
state-owned companies, their internal leadership capabilities as
well as financial viability.
Transnet has strong and solid leadership and has been enjoying
positive results recently, which have strengthened its balance sheet
and enabled it, as the President has stated, to review its capital
expenditure plan from R110 billion in five years to R300 billion in
seven years.
This emboldened capital expenditure plan is intended to satisfy
validated demand and, more importantly, to shift the Transnet capex
spend away from focusing on investment backlog, as is currently the
case, towards expanding capacity to meet market demand by enabling
volume growth, capturing operational efficiencies, expanding funding
sources and expanding South Africa's economic transformation by
supporting the New Growth Path.
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The focus of this market demand strategy is on growth in order to
reposition South Africa as a key global coal, iron ore and manganese
supplier, as well as the leading logistics hub for sub-Saharan
Africa and the global reference point for container and heavy-haul
operations. This will make Transnet one of the largest employers in
South Africa, one of the top five global freight railways and one of
the top five South African companies in terms of revenue. Its
overall headcount will grow by 25% by 2019, from 59 102 workers
currently to 73 962, whilst indirect jobs are estimated to increase
to 194 303. An amount of R7,7 billion will be spent on training in
the next seven years to upskill the workforce, and the intake of
apprentices will increase from 500 to 886 per annum by 2019.
The purpose of this market demand strategy is to reduce the cost of
doing business and to facilitate job creation, localisation and
regional integration. An amount of R31 billion will be spent on
local suppliers for locomotive spend over seven years. The
investment for the revitalisation of the rolling stock fleet is
R125 billion over seven years. Of course, this strategy is
financially sound and most of the growth will be internally funded,
off Transnet's strong balance sheet, and only a third of this will
require external funding.
In implementing this strategy, opportunities for private sector
participation amounting to about R5 billion in various sectors, such
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as containers, dry bulk, break bulk, liquid bulk and automotive,
will be pursued. Further private sector participation will also be
pursued towards the construction of the dig-out port at the old
Durban International Airport.
In addition to this, Transnet has been in extensive discussions with
the Ports Regulator of South Africa on the issue of port tariffs to
effect a R1 billion rebate — as the President indicated — for
exporters of manufactured goods. Accordingly, we expect that the
Ports Regulator will issue the record of decision or tariff
decision, which will be effective from 1 April 2012.
The automotive sector is one of the key customer sectors that will
benefit from the rebate. In this regard, Transnet has signed an
agreement with Toyota on 14 December 2011 to rail all its cars from
the Durban Harbour to Gauteng, and from their Prospecton
manufacturing plant to the Durban Harbour for exports and to do
other value-added services inland and in Durban.
Further to this, Transnet will create additional container handling
capacity, particularly in Durban, in order to ensure that it is able
to meet the demand. An amount of R12 billion will be invested to
expand the Richards Bay Terminal and a coal terminal will be
constructed at the East London Harbour to support coal mining in the
Eastern Cape. In addition, Ngqura will finally be officially opened
by the President on 16 March 2012 to be positioned as a trans-
14 FEBRUARY 2012
PAGE: 147 of 447
shipment hub. It is important to continue operating the container
terminals as a complementary system in order to optimise the volumes
that can be handled through the South African port system.
At the same time, after engaging the National Energy Regulator of
South Africa, Nersa, Eskom should be able to report to the
President, government and the public within four weeks about the
electricity pricing path favourable to economic growth and job
creation. This has been made possible by Eskom’s strong financial
and operational position, which has enabled some flexibility in how
it funds and spends its capital and allowed it to introduce internal
efficiency measures not previously possible.
Because of this, the company has refined its capital expenditure
numbers, re-evaluated its debt-funding approach and performed a
detailed interrogation of the future energy demand forecast to
enhance its accuracy. However, for this to happen, we must manage
the electricity demand, and all South Africans must work together to
reduce their electricity consumption by 10% through more efficient
usage.
In this regard, we will need a pact, especially with big business,
not only to use electricity more efficiently to reduce consumption,
but also, it is hoped, to maintain current production levels. We
will also need to gain more certainty around Eskom’s input costs,
especially coal price increases over the next five years. A pact
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will be needed with the suppliers of coal to limit price increases
to the absolute minimum, preferably to single-digit percentages year
on year.
Eskom will also need to engage with rating agencies to ensure that
its investment outlook remains stable. In this light, and to provide
more certainty to the investor community, Eskom might have to revise
its price path going forward without jeopardising its commitments.
The Medium-Term Risk Mitigation Plan shows that the electricity
supply-demand balance will remain tight until both the Medupi and
the Kusile power plants begin operating.
In the interim, we need efforts to be made from all sectors of
society to ensure that the balance is maintained and that load
shedding does not happen. We are determined that load shedding can
be prevented if businesses, households and government work together
to implement supply and demand measures, thus creating a safety net
that can see the country and the economy through this period.
Additional capacity of 3 000 megawatts is needed to ensure a
comfortable reserve margin.
South Africa aims to “keep the lights on” and prevent rotational
load shedding. These goals are non-negotiable. The current
instability in operating the power system is not acceptable. We need
to move from crisis management to reliably providing electricity
with scheduled window periods for maintenance. This moment calls for
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responsible citizenship on the part of individual and corporate
citizens of South Africa.
To this effect, we are implementing the 49M energy-saving campaign
aimed at mobilising individual South Africans to save electricity in
their households. To achieve these objectives, an emergency plan has
been developed between the Department of Public Enterprises and
Eskom for consideration and approval by government. We are cooperating with the Department of Energy and other stakeholders on
these plans.
Mr President, your state of the nation address has elicited an
overwhelmingly positive response and communicated a message of
profound hope, vision and leadership to the rest of the country. So
thorough were you, sir, that others used the occasion of this debate
to present their own gimmick state of the nation addresses.
[Laughter.]
As expected, today we have been treated to the yearly refrain from
the opposition, rehearsed and rehashed with the same short-sighted
enthusiasm each year, that the President’s address did not address
this or that, selected by those who lost the general election and
therefore the popular mandate. Frankly, we should now be spared such
hollow and tired rhetoric and simply be referred to previous years’
archives; maybe then we could have finished early enough to be able
to attend to our Valentine’s commitments. [Laughter.]
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Aristotle once said that criticism is something we can avoid easily
by saying nothing, doing nothing and being nothing. On the contrary,
since the ANC insists on saying something, doing something and being
something, we should accordingly expect criticism. Failing to curb
her inexplicable eagerness, the camera-prone hon Mazibuko had to
please her constituency eager for doomsday news and criticise the
state of the nation address a week before it was delivered.
On the contrary the DA leader, the hon Helen Zille, applauded the
President’s focus on infrastructure and correctly challenged the
government to cut red tape in order to create jobs. Quite clearly,
you have the starkest contrast between the DA leader, whose stint as
premier has exposed her to the challenges and intricacies of running
a government, and the hon Mazibuko whose only experience is as an
opponent who has never had to lift a finger to do anything.
[Applause.] Of course, they say the devil finds work for idle minds.
The hon Leader of the Opposition is not only grossly inexperienced,
she is also hopelessly clueless. [Applause.] Today she amended her
ill-informed remarks made on Thursday night in haste. Her speech in
this House earlier was a mere pipe dream and incoherent wish list
that reminded me of where we were in 1994, and how far we have
progressed since then, when we still stood at the dawn of our
freedom. On the contrary, the President’s speech built on the proud
edifice of 1994 and took South Africa into a future where the
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economy grows, people work, and the youth are skilled; a South
Africa that is growing, working and moving.
The opposition should not limit their understanding of being in this
House purely for the sake of opposing. If this were the case, I can
assure them that they do not need so many seats just to perpetually
say “No”. The hon Lekota’s speech had a pitfall. He spoke so
eloquently about job losses and people taking other people’s jobs
that I nearly believed him, until I was reminded of Mr Shilowa and
wondered why his job was taken and who has taken it. [Applause.]
The hon Steenhuisen was quite opinionated for a newcomer. He told us
about the beautiful Western Cape model. But what does this model
tell us? It tells us of R1 billion in corruption in the
communications advert tender; it tells us of no transformation; it
tells us that women must stay out of government and probably remain
in the kitchen. [Interjections.] He says that the President must
side with the poor. The President did this long ago when he joined
the struggle to defeat the system that the hon Steenhuisen continues
to benefit from, and which he defends so vociferously. The President
chose the poor long before Mr Steenhuisen was even an idea in the
minds of his parents. [Applause.]
The late US President Mr Theodore Roosevelt once said:
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It is not the critic who counts; not the man who points out how
the strong man stumbles, or where the doer of deeds could have
done better. The credit belongs to the man who is actually in the
arena, whose face is marred by dust and sweat and blood; who
strives valiantly; who errs, and comes short again and again,
because there is no effort without error and shortcoming; but who
does actually strive to do the deeds; who knows great enthusiasms,
the great devotions; who spends himself in a worthy cause; who at
the best knows in the end the triumph of high achievement, and who
at the worst, if he fails, at least fails while daring greatly, so
that his place shall never be with those cold and timid souls who
neither know victory nor defeat.
[Applause.]
Those amongst us whose constituencies exist beyond the boundaries of
suburban comfort understand that we are obligated to create a
country that allows all its citizens access to opportunities and a
dignified standard of living.
We face a stubborn set of structural challenges, which the President
accurately and most comprehensively addressed in his state of the
nation address. We must muster the foresight collectively to
galvanise our people towards a future of prosperity for all.
If this dispensation — our mandate — is to be successfully
fulfilled, it is towards this end that we must act collectively as
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PAGE: 153 of 447
this august House, rather than allow ourselves to be prisoners of a
calamitous ideology and a paralysing despair towards which our
opposition constantly strives to drag us. The realities that face
our country need serious people who understand that we are here to
work. Merely criticising is not enough. Hon members, “Happy
Valentine’s”. [Applause.]
Debate interrupted.
The SPEAKER: Hon members, that brings us to the end of the list of
speakers for the day. We will resume the state of the nation address
debate tomorrow at two o’clock sharp. The House is adjourned. Enjoy
what remains of Valentine’s Day! [Laughter.]
The House adjourned at 18:22.
________
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
FRIDAY, 25 NOVEMBER 2011
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
14 FEBRUARY 2012
1.
PAGE: 154 of 447
Classification of Bills by Joint Tagging Mechanism (JTM)
(1)
The JTM in terms of Joint Rule 160(6) classified the following Bill as a section 76 Bill:
(a)
National Health Amendment Bill [B 24 – 2011] (National Assembly – sec 76(1)).
National Assembly
The Speaker
1.
Referral to Committees of papers tabled
(1)
The following papers are referred to the Standing Committee on Finance:
(a)
Government Notice No R644, published in Government Gazette No 34511, dated 12
August 2011: Amendment of Schedule No 3 (No 3/672) in terms of section 75 of the
Customs and Excise Act, 1964 (Act No 91 of 1964).
(b)
Government Notice No 668, published in Government Gazette No 34534, dated 18
August 2011: Allocation of general fuel levy revenue to metropolitan municipalities,
published in terms of item 3(2)(a) of Schedule 1 to the Taxation Laws Amendment
Act, 2009 (Act No 17 of 2009).
14 FEBRUARY 2012
(c)
PAGE: 155 of 447
Government Notice No R672, published in Government Gazette No 34541, dated 26
August 2011: Amendment of Schedule No 1 (No 1/1/1428) in terms of section 48 of
the Customs and Excise Act, 1964 (Act No 91 of 1964).
(d)
Government Notice No R673, published in Government Gazette No 34541, dated 26
August 2011: Amendment of Schedule No 3 (No 3/673) in terms of section 75 of the
Customs and Excise Act, 1964 (Act No 91 of 1964).
(e)
Government Notice No 796, published in Government Gazette No 34631, dated 30
September 2011: Listing of public entities in terms of sections 47 and 48 of the Public
Finance Management Act, 1999 (Act No 1 of 1999).
(f)
Government Notice No 797, published in Government Gazette No 34631, dated 30
September 2011: De-listing of public entities in terms of sections 47 and 48 of the
Public Finance Management Act, 1999 (Act No 1 of 1999).
(g)
Government Notice No 798, published in Government Gazette No 34631, dated 30
September 2011: Listing of public entities, in terms of sections 47 and 48 of the
Public Finance Management Act, 1999 (Act No 1 of 1999).
(h)
Government Notice No 799, published in Government Gazette No 34631, dated 30
September 2011: Listing of public entities in terms of sections 47 and 48 of the Public
Finance Management Act, 1999 (Act No 1 of 1999).
14 FEBRUARY 2012
(i)
PAGE: 156 of 447
Government Notice No 800, published in Government Gazette No 34631, dated 30
September 2011: Technical changes to public entities in terms of sections 47 and 48
of the Public Finance Management Act, 1999 (Act No 1 of 1999).
(j)
Government Notice No R844, published in Government Gazette No 34671, dated 14
October 2011: Amendment of Schedule No 1 (No 1/1/1429) in terms of section 48 of
the Customs and Excise Act, 1964 (Act No 91 of 1964).
(k)
Government Notice No R845, published in Government Gazette No 34671, dated 14
October 2011: Amendment of Schedule No 1 (No 1/1/1430) in terms of section 48 of
the Customs and Excise Act, 1964 (Act No 91 of 1964).
(l)
Government Notice No R847, published in Government Gazette No 34671, dated 14
October 2011: Amendment of Schedule No 3 (No 3/674) in terms of section 75 of the
Customs and Excise Act, 1964 (Act No 91 of 1964).
(m) Government Notice No R867, published in Government Gazette No 34684, dated 21
October 2011: Amendment of Schedule No 3 (No 3/675) in terms of section 75 of the
Customs and Excise Act, 1964 (Act No 91 of 1964).
(n)
Government Notice No R868, published in Government Gazette No 34684, dated 21
October 2011: Amendment of Schedule No 4 (No 4/343) in terms of section 75 of the
Customs and Excise Act, 1964 (Act No 91 of 1964).
14 FEBRUARY 2012
(o)
PAGE: 157 of 447
Government Notice No R869, published in Government Gazette No 34684, dated 21
October 2011: Amendment of Schedule No 5 (No 5/94) in terms of section 75 of the
Customs and Excise Act, 1964 (Act No 91 of 1964).
(p)
Government Notice No R870, published in Government Gazette No 34684, dated 21
October 2011: Amendment of Schedule No 6 (No 6/23) in terms of section 75 of the
Customs and Excise Act, 1964 (Act No 91 of 1964).
(q)
Government Notice No R608, published in Government Gazette No 34477, dated 22
July 2011: Publication for public comment of proposed amendment of regulations
made under section 70 of the Short-term Insurance Act, 1998 (Act No 53 of 1998).
(r)
Government Notice No R609, published in Government Gazette No 34477, dated 22
July 2011: Publication for public comment of proposed amendment of regulations
made under section 72 of the Long-term Insurance Act, 1998 (Act No 52 of 1998).
(2)
The following papers are referred to the Portfolio Committee on Justice and
Constitutional Development:
(a)
Proclamation No R58, published in Government Gazette No 34677, dated 12 October
2011: Referral of matters to existing Special Investigating Unit and Special Tribunal:
Kopanong Local Municipality, in terms of section 2(1) of the Special Investigating
Units and Special Tribunals Act, 1974 (Act No 74 of 1996).
14 FEBRUARY 2012
(b)
PAGE: 158 of 447
Proclamation No R59, published in Government Gazette No 34713, dated 28 October
2011: Commencement of section 1 of the Criminal Procedure Amendment Act, 2008
(Act No 65 of 2008): Highveld Ridge Magisterial District in terms of section 4 of the
Criminal Procedure Amendment Act, 2008 (Act No 65 of 2008).
(3)
The following paper is referred to Portfolio Committees and to the Standing Committee
on Finance and Standing Committee on Appropriations for consideration and report in
accordance with a programme agreed by the Committee of Chairpersons:
(a)
(4)
National Development Plan: Overview and Vision Statement [11 November 2011]
The following papers are referred to the Portfolio Committee on Trade and Industry:
(a)
Government Notice No R887, published in Government Gazette No 34704, dated 28
October 2011: Amendment to the regulations made in terms of section 42 of the
Trade Metrology Act, 1973 (Act No 77 of 1973).
(b)
Government Notice No 898, published in Government Gazette No 34724, dated 31
October 2011: Notice to revoke the deferment of the application of certain sections of
the Consumer Protection Act to small and medium-capacity municipalities in terms of
the Consumer Protection Act, 2008 (Act No 68 of 2008).
(c)
Notification of Entry into Force of Amendments to Annex VII of Protocol on Trade in
the Southern African Development Community (SADC) Region, tabled in terms of
section 231(3) of the Constitution, 1996.
14 FEBRUARY 2012
(d)
PAGE: 159 of 447
Explanatory Memorandum to the Amended Annex VII of the Protocol on Trade in the
SADC Region.
(e)
Government Notice No R938 [No 467 for English version], published in Government
Gazette No 34740 [No 32186 for English version], dated 9 November 2011 [29 April
2009 for English version]: Izimiso Zomthetho Wokuvikela Abathengi, 2008 (Act No
68 of 2008). (Zulu translation of the Consumer Protection Bill, 2008, and notice of
the President’s assent).
(5)
The following paper is referred to the Joint Standing Committee on Defence for
consideration and to the Portfolio Committee on Defence:
(a)
Letter from the President of the Republic, informing members of the Assembly of the
employment of the SA National Defence Force for service in fulfillment of the
international obligations of the Republic of South Africa towards the United Republic
of Tanzania.
TUESDAY, 29 NOVEMBER 2011
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
14 FEBRUARY 2012
1.
PAGE: 160 of 447
Bills passed by Houses – to be submitted to President for assent
(1) Bills passed by National Council of Provinces on 29 November 2011:
(a) Taxation Laws Amendment Bill [B 19 – 2011] (National Assembly – sec 77).
(b) Taxation Laws Second Amendment Bill [B 20 – 2011] (National Assembly – sec
75).
National Assembly
The Speaker
1.
Introduction of Bills
(1)
The Minister of State Security
(a)
General Intelligence Laws Amendment Bill [B 25 – 2011] (National Assembly –
proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction
published in Government Gazette No 34747 of 11 November 2011].
Introduction and referral to the Ad Hoc Committee on General Intelligence Laws
Amendment Bill of the National Assembly (see Minutes of Proceedings of National
Assembly, 24 November 2011, page 5111), as well as referral to the Joint Tagging
Mechanism (JTM) for classification in terms of Joint Rule 160.
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In terms of Joint Rule 154 written views on the classification of the Bill may be submitted
to the JTM within three parliamentary working days.
TABLINGS
National Assembly
1.
The Speaker
(a)
Reply dated 25 November 2011 from the Minister of Public Enterprises to
recommendations in Report of Portfolio Committee on Public Enterprises on Funding
Solution for Transnet Second Defined Benefit Fund and Transport Pension Fund, as
adopted by the House on 18 November 2010.
Referred to the Portfolio Committee on Public Enterprises.
COMMITTEE REPORTS
National Assembly
1. Report of the Portfolio Committee on Basic Education on oversight visits to the North West
and Mpumalanga, dated 22 November 2011
The Portfolio Committee on Basic Education, having undertaken oversight visits to the North West
and Mpumalanga from 25 – 29 July 2011, reports as follows:
14 FEBRUARY 2012
1.
PAGE: 162 of 447
Introduction
1.1
A delegation of the Portfolio Committee on Basic Education conducted oversight visits
as follows:
1.1.1
From 26 to 27 July 2011 the delegation visited the North West Province and visited
the following schools:
1.1.2

Christiana School for the Blind and Partially Sighted, Christiana

Thutlwane Inclusive School, Madibogo

Mfihlakalo Special School, Klipgat

Temoso Special School, Ganyesa

Tshidilamolomo Inclusive School, Tshidilamolomo

Temogo Special School, Sun City
From 28 – 29 July 2011 the delegation visited the Mpumalanga Provinces and
visited the following schools:

Tenteleni KaNyamazane (Lekazi Township), Mngwenya

Lekazi Inclusive School, Ehlanzeni

Estralita Special School, Ehlanzeni

Kamagugu Inclusive School, Ehlanzeni

Bukhosibetfu Special School Ehlanzeni

Silindokuhle Special School, Kwalugedlane
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1.2
PAGE: 163 of 447
Apart from meeting with the principal and teachers, in the spirit of co-operation, the
Committee had invited the MECs for Education in the Provinces, officials from the
National Department of Basic Education, the Heads of Department for the Provincial
Departments of Education, the Provincial Portfolio Committees on Education in the
Legislatures as well as Teacher Unions and School Governing Bodies to form part of
engagements during the oversight visits.
1.3
The purpose of the oversight visits was to assess the state of special schools and the
implementation of inclusive education in these provinces. There was an additional need
to give support to the provincial departments of education in identifying challenges and
assisting in finding effective solutions to challenges being faced. The visits formed part
of the Committee’s oversight responsibility to monitor and support progress in the
implementation of education priorities, particularly those linked to the improvement of
quality basic education as Government’s Priority Outcome 1. Improving access to and
quality of education for learners who experience barriers to learning is a key aspect of
these priorities.
1.4
In preparing for the oversight and monitoring visits, the Committee prepared a basic
monitoring instrument on the implementation of inclusive education and the state of
special schools. This instrument focused on three categories of schools, namely, fullservice schools, special schools and mainstream schools. The instrument was developed
according to the key criteria set for schools, districts and provinces against which to
measure their progress towards inclusion. These criteria were drawn from the
Department of Basic Education documents such as the Guidelines for Fullservice/Inclusive Schools (2010) and Guidelines to ensure Quality Education and
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Support in Special Schools and Special School Resource Centres (2007). In drafting the
instrument, account was also taken of the views of stakeholders pertaining to inclusive
education and special schools as expressed during the Committee’s public hearings on
Access and Delivery of Quality Education (2010).
1.5
This report provides a summary of the key issues that emerged from the interaction with
all stakeholders, principals, teachers, teacher unions, SGBs, officials of the National
Department and Provincial departments as well as the committee’s deliberations,
observations and recommendations.
2.
Delegations
2.1
Portfolio Committee on Basic Education: Hon H H Malgas, MP (ANC)
(Chairperson), Hon F F Mushwana MP (ANC), Hon A C Mashishi MP (ANC), Hon C
Moni MP (ANC), Hon D Smile MP (DA), Hon A M Mpontshane MP (IFP) and Hon N
M Kganyago MP (UDM).
2.2
Members of Staff: Mr D Bandi (Content Advisor), Mr L Mahada (Parliamentary
Researcher, Mr L Brown (Committee Secretary) and Ms O Siebritz (Committee
Assistant.
3.
Background
3.1
The majority of learners who experience barriers to learning have either fallen outside
of the system or have been mainstreamed by default. The curriculum and education
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system have generally failed to respond to the diverse needs of the learner population,
resulting in a massive number of drop-outs, push-outs and failures.
3.2
In the Department’s Action Plan to 2014 they have proposed the following priorities as
a response to the identified challenges:
3.2.1
Increase the number of full service schools to at least one for each district while
ensuring their access to specialist services
3.2.2
Increase the percentage of schools in which at least one teacher has received
specialised training in the identification and provision of support for special
needs
3.2.3
Progressively strengthen the capacity of district offices to provide support to
schools in the identification of special needs and to enable the provision of
appropriate support
3.2.4
Provide appropriate and accessible textbooks, workbooks and other Learner and
Teacher Support Material (LTSM) for visually impaired learners in 22 schools
for the Blind
3.3
The Department had indicated that the following developments had occurred:
3.3.1
The accommodation of diversity through the curriculum was included in the
CAPS Orientation Programme for provincial and district officials
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3.3.2
PAGE: 166 of 447
Two hundred provincial, district and school management team (SMT) officials
from 66 schools were trained in specialised areas of visual and hearing
impairment in March 2011
3.3.3
Workbook 1 for grades 1-6 were adapted for Brailing and grades 10-12
textbooks ordered for the 22 schools for the Blind
3.4
The Department had also committed to develop training programmes on the
accommodation of diversity through the Curriculum and Assessment Policy Statements
(CAPS) for teachers and school management teams progressively through to 2014. The
Department would also ensure access to workbooks and textbooks for learners in
schools for the Blind in line with the phased implementation of the Curriculum and
Assessment Policy Statements (CAPS) to 2014 as well as develop training programmes
on specialised skills for 700 and 1000 teachers of visually and hearing impaired learners
respectively, starting in 2011 and continuing through to 2014.
3.5
The progressive conversion of ordinary schools to full service schools was one of key
strategies for implementing the inclusive education policy.
3.6
The Department further indicated that there was a need to build capacity at district level
using the Guidelines for Full Service Schools for further conversion of ordinary schools
to full service schools to at least one school per district by 2014. The coordination of
the procurement of assistive devices where required by provinces and ensuring that
established Institutional-Level Support Teams (ILSTs) were functional in existing full
service schools was a further need.
14 FEBRUARY 2012
4.
Oversight Visit to the North West
4.1
Visits to Schools
PAGE: 167 of 447
4.1.1 Christiana School for the Blind and Partially Sighted
a)
Overview
The school’s disability categorisation is for the Blind and Partially Sighted learners. The school
is situated in Christiana in the Dr Ruth Segomotsi Mompati District. Currently there are 96
learners and 13 educators (11 in terms of the post-provisioning model + two additional). The
ratio of educators to learners stood at 1:10.
After an in-loco inspection of the school buildings and infrastructure, the Committee met with
the Acting Principal and representatives of the educators, the teacher union and School
Governing Body (SGB).
The school was generally in a good condition. Members were briefed on the incident resulting
in the death of four learners in the hostel in December 2010 due to a fire outbreak, and how the
school dealt with ensuring that this would not recur. Since the incident, all buildings have been
fitted with smoke-detectors, fire alarms and fire-hydrants. Members requested the necessary
information on the incident as well as the processes in respect of the suspension of the
principal. Generally, the school structure (a dormitory/hostel) was not customized for a special
school needs and had to be converted and adapted to the needs of the learners.
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All the necessary assistive devices had been procured and were in the process of being
installed. The school had a basic maintenance plan in place and tried to carry out any necessary
maintenance on a daily basis.
The Acting Principal was concerned with the productivity of the educators and felt that learners
were far behind in respect of the curriculum. She felt it was necessary to undertake further
training for educators at the school. There was also a problem with the late arrival of textbooks
at the school. These required to be scanned, proof-read and adapted to Braille. The Institutional
Level Support Team (ILST) was unfortunately not fully functional and there was a need for a
workshop on this.
b)
Further challenges:
Besides the challenges mentioned above, other challenges at the school included the
following:
Infrastructure

There was a concern regarding the security of the buildings and the school was
working on quotations for the installation of an alarm system. There was also
need for Close Circuit Television (CCTV) cameras to be installed though at the
time of the oversight there was no budget.

The school was experiencing problems with its hot and cold water system and
needed to install extra geysers.
14 FEBRUARY 2012

PAGE: 169 of 447
The entire hostel required rewiring of the electrical systems – including the
administration block.

The school was awaiting the procurement of heaters/air conditioners for the
hostel.

Unfortunately there was only one houseparent for the girls hostel and therefore
there was an urgent need for an additional person.

Refuse storage tanks continuously overflowed as there was little co-operation
from the municipality in having them emptied timeously.

There was an urgent need for extra utensils in the kitchen.

Newly installed piping in bathrooms had to be re-fitted due to a number of
leaks.

The school itself was merely a hostel that had been adapted and converted into a
school for the blind and thus was not a suitable structure for the school.

There was a need for more storage space at the school.
School management

The legal matter involving the suspension of the principal needed to be resolved and a
new principal employed.
The quality of teaching and learning

The school did not have a Grade R Class – this resulted in learners who were not
school-ready and their progression was delayed as a result.

Transfer payments to schools were taking too long – there was a need to expedite this
process.

There was a need to procure computers for the learners and educators.
14 FEBRUARY 2012

PAGE: 170 of 447
Educators were fully qualified but were not as productive as required – there was a need
for further training.

There was a need for a remedial teacher to support learners with multiple special needs.

There was a request for special classes for skills training and a need to test all learners.

The procurement of textbooks was a major concern – either they were not available, or
they took up to 18 months to be prepared and delivered.

Question papers were often received late, leaving little time for scanning, proof-reading
and adaptation to Braille, as in the case of the recent Annual National Assessment.

There was an urgent need for intensive training/workshop on adaptation for learners and
educators.

The department was battling to secure specialised staff.
4.1.2. Thutlwane Inclusive School
a) Overview
Thutlwane is an inclusive school in the Madibogo District. The school had 13 educators and
482 learners. The educator: learner ratio for the school stood at 1:40. Because of renovations in
2005, the school structures/buildings were in fairly good condition. All classes were accessible
to learners with ramps having been installed – although there were no special needs learners at
the school. The school was in the process of acquiring further assistive devices. It was reported
that the school did not have an allocated secure classroom for housing the computers and the
school had been burgled on two occasions.
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As there was no transport for learners punctuality was an issue as they travelled up to four
kilometers. The National School Nutrition Programme was functioning very well since the
school received the funds transfer on time. The parent/teacher relationship was not as strong as
desired since most parents were employed in the towns and did not stay in the village. The
school did not have a Grade R class. Through donations from parents, the school was able to
afford the services of a general assistant. The school Institutional Level Support Team (ILST)
was fully functional. The school also served as an Adult Basic Education and Training (ABET)
centre.
b) Challenges:
Infrastructure

The Grade 3 class had at least 71 learners and there was an urgent need for an extra
classroom.

Although the ablution facilities were adequate there was a problem with water pressure.

There was a request to procure a special room for computers. In 2010 and 2011 there had
been theft of computer equipment. Computers that had been procured had not been installed
due to security challenges. Classes had burglar bars but there was no security officer or
alarm system at the school.

There was a need for a library at the school.

There was a major problem with the Quintile ranking – The school was of the view that
they should be a Quintile 1 school to qualify for the necessary benefits.
The quality of teaching and learning
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
There was a concern that there was only one therapist in the district.

There was a challenge in that the principal also taught up to 20 mathematics lessons per
week, when in fact he should be allocated a maximum of 14 lessons.

The principal proposed that the programme on Literacy and Numeracy be used as a model.
Educators were trained during the June/July holiday period. District and provincial staff
spent up to a week supporting schools.

Teacher lap-tops were not yet received.

The rural incentive was not received by educators, thus posing a challenge to secure
specialised staff and competent teachers to the school.

Curriculum specialists required their work in hard-copy whilst educators were using the
Integrated Schools and Management System (ISAMS).

The delivery of textbooks and workbooks was a challenge, orders were often inaccurate or
insufficient numbers were received.
4.1.3 Mfihlakalo Special School
(a) Overview
The special school was situated in Klipgat in the Bojanala District. The school had a staff
compliment of nine educators (including two additional) and 75 learners. The entire school was
constructed from prefabricated material which has a limited lifespan. The buildings had been
donated by local business sector. The school catered for the severely intellectually challenged.
It served four categories of learners: basic practical, vocational, scholastic and media works.
The school was in the process of designing a curriculum specifically for the needs of their
learners. This was called the South African National Association for Specialised Education
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(SANASE) document. The document was currently with the Head of Department for further
approval. It would then be presented to all schools in the provinces after which it would need to
be approved by the National Department. All educators were professionally qualified and had
additional special needs qualifications. However, there was a need for a remedial teacher at the
school.
Besides the kitchen being used for preparing meals, educators also used it to teach cleaning,
dusting, washing floors and window-cleaning to learners. The ablution facilities were currently
being built and after completion the school would include classes on toilet-hygiene. All
learners at the school exited with a diploma or certificate. Some learners who undertook skills
training received employment from BMW.
Although there were some assistive devices in the form of televisions, hearing aides to access
computers, audios, a piano, a guitar, cymbals and tambourines, the school required further class
aides. No laptops had been supplied to educators. The school had outdated computers and
required at least four new computers. The school ILST was fully established and functional.
(b) Challenges:
Infrastructure
 Ramps at the school needed renovation since they were too steep.
 The long distances which learners travelled to school were difficult since there was no
school transport in place. The school does not have boarding facilities.
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 The prefabricated buildings were not ideal since they were hot in summer and very cold
in winter.
Funding
 The school depended heavily on donations from businesses/companies.
The quality of teaching and learning
 The educator/learner ratio remained a problem as this was skewed.
 The school required further class aides.
 There were no Learnerships for the learners exiting the school.
 Teachers had not received laptops and computers received were unfortunately outdated
and needed upgrading or replacement (at least four new computers were required).
Provincial and district support
 There was only one psychologist for the entire district.
 There was a need for further specialised/focused training for educators in specialised
fields.
Learner exit strategy

No exit strategy existed for learners exiting the system including Learnerships.
4.1.4 Temoso Special School
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a) Overview
Temoso Special School is situated in Ganyesa, Dr Ruth Segomotsi Mompati District. The
school had 74 learners and five educators, one Head of Department and a Principal. It catered
for learners who were severely and mild to moderate challenged. Some of the barriers were
behavioral problems, autism, deafness, autistic spectrum disorders, psychiatric disorders,
special needs and learners with specific learning barriers. The District Director, Mr Valtyn,
indicated that the department was striving to support the operational obligations of managing
inclusive education. The school was well maintained though there was a need to realign the
buildings in terms of the new norms and standards.
b) Challenges
The Area Manager and the Principal explained some of the challenges faced by the school:
Infrastructure

There were not enough classrooms and no hostel.

There was no guardroom and accommodation for the security guard.

There was no playground for the learners. The playground was reappropriated by the
Municipality to build a banquet hall.
The quality of teaching and learning

There were no specialist teachers to teach the kind of learners at the school.
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
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The curriculum was not responsive to the needs of these learners; teachers were just
attempting to adapt it to suit the needs of the learners.

In essence, there were many systems barriers at the schools that further complicated the
actual barriers of learners.
Provincial and district support

The budget from the department was R140 per child which was inadequate considering
the conditions of the children.

There was no curriculum support offered to the educators.

There were no therapists, psychologists or social workers assigned to the school; as a
result services from private practitioners were sought when needed which came at a
heavy cost.
4.1.5 Tshidilamolomo Primary School
a) Overview
The school is in Ngaka Modiri Molema District. It had 200 learners, seven educators, nine
classrooms, and the average teacher-learner ratio was 29:1. The school was converted to fullservice in January 2011. They had managed to change the admission policy of the school into
an inclusive one. The values, mission and vision of the school spoke to addressing challenges
of learners with barriers. They were in the process of changing the physical environment of the
school. One classroom had already been converted into a resource centre. They were in the
process of finalising the security system at the school. Teachers were skilled but still needed
training on inclusive education. The school had been offered a specialist team to assist in
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turning the school into full-service and there was a screening programme introduced at the
school. The school support from Chief Director down to the school-based-support-team was
satisfactory.
b) Challenges
The challenges outlined were:
Infrastructure

There was a serious need for a responsive infrastructure.
The quality of teaching and learning

There was no specific curriculum for this type of school. There was a need to have
curriculum differentiation based on the abilities of the child. Often the differentiation
conducted was to downsize the curriculum which is inadequate. However, teachers
were independently piloting some activities for the curriculum;

Some grades were combined due to the lack of sufficient educators;

Staff was not specifically trained, though fully qualified, but they were capable to deal
with some challenges in implementing the curriculum.
Provincial and district support

The school has requested services of psychologists, audiologists, and physiotherapists
from other districts. The Chief Director indicated that it is very much difficult for the
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province to fill positions of therapists at the Department due to low salary brackets. The
Department has been advertising specialist posts for years and its effort does not attract
any. They have recently requested for the review of the salary scales of these specialists
in a bid to lure some of them into the system.
4.1.6 Temogo Special School
a) Overview
Temogo Special School is situated at Bojanala District. The school is currently housed in the
premises of another school, namely, Morongwa Primary School. There was an indication that
the department planned to build another school. The school offered mathematics, life
orientation and language subjects on Tuesdays while they offered skills subjects for the rest of
the week. The skills subjects offered included woodwork, arts and craft, and needlework. The
learners came from different demographic areas, like Mogwase and Ramokaka, which were in
a radius of over 50 kilometers. This showed a real need for this type of school in other
surrounding areas. There was however visible support from the department. The school
received the services of physiotherapists and audiologists.
b) Challenges
Challenges outlined included the following:

The principal remained in an acting capacity.

Learners were inadequately accommodated.
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
Learners were not certificated for the skills learnt at school.

The School Governing Body (SGB) seemed removed from the activities of the school.

Educators needed more training.
4.2. Interaction with the Provincial Education Department, North West
This meeting served as a de-briefing session with the Provincial Department of Education in
the North West. The gathering was attended by officials from the National Department,
Provincial Department and representatives from the Provincial Legislature in the North West.
The Chairperson of the Committee gave a brief outline on the objectives of the visits to various
schools and their intended outcomes. She commended the Provincial Department for their
efforts in addressing many of the challenges faced by these schools. She alluded to the many
challenges that the Committee picked up during the visits to schools in the district.
Dr Pedro, the Acting Deputy Director-General submitted a report on education in the Province.
He mentioned that there were 1 720 schools in the province with 75 mainstream schools
implementing inclusive education and 1 500 learners with special needs in mainstream schools
per district. The number of full service schools per district was as follows:

Ngaka Modiri Molema - 23

Bojanala – 24

Dr Ruth Segomotsi Mompati – 14

Dr Kenneth Kaunda – 14
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The number of remedial/learning support teachers in mainstream schools amounted to 106 with
the number of teachers who received training to support learners with special education needs
amounted to 1 000. There were about 1 614 schools without remedial teachers.
There were at least 75 schools with classrooms and other facilities accessible for all learners,
including those with special needs. Issues of safety and security at schools were an ongoing
exercise and dealt with on an ongoing basis. Although schools had maintenance plans for
specialist equipment, in some cases service providers were requested to service equipment.
Officials were equipped to support the implementation of inclusive education through training
in screening, identification, assessment and support. The provincial department was addressing
the challenge of the provision of computers within the constraints of the budget. Dr Pedro
acknowledged some of the shortcomings and requested time for the department to revisit them
as far as possible. The Quintile System was currently being reviewed and had been suspended
for the coming year. In respect of rural allowances, the decision was taken to pay all backlogs
before 1 October 2011. He also mentioned that stationery delivery for the following year had
already been approved. There were major problems in attracting therapists. The Department
had been advertising since 2009, offering an increased salary as an incentive, with no success.
5.
Visit to Mpumalanga
5.1
Interaction with the Provincial Education Department, Mpumalanga
Mrs R Mhaule, the MEC for Education welcomed the delegation to the province. The
Department had noted significant progress in the implementation of inclusive education
programmes as outlined in the White Paper 06 of 2001. She assured the delegation that the
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province was trying its utmost to improve the situation at all special schools. The statistics of
the province were as follows:

Number of schools – 1 934 (1 475 primary and 459 secondary)

Total number of learners – 963 111

Special schools – 18

Learners in special schools – 3 604

Full service schools - 140
The MEC indicated that their main challenge was that there were too few schools offering
specialisation. The province had commenced preparatory work on creating a school for the
deaf.
Mrs M Mhlabane, Head of Department took the Committee through a slide presentation of the
situation in the Province. In respect of the cost drivers and national pilots, Ms Mhlabane
indicated the following:

Cost Drivers
-
Environmental Access (Infrastructure Development)
-
Provision of Specialised Support Services
-
Provision of Assistive Devices and Resource
Materials

National Pilots
-
Human Resource Development
-
3 Mainstream schools (Full-service schools)
 Tenteleni Primary School
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 Mshengu Primary School
 Sibisi Primary School
-
3 Special schools (as Resource Centres)
 Kamagugu Special School
 Silindokuhle Special School
 Pelonolo Special School
The province had appointed in 2010/2011 seven deaf counselors, nine education specialists,
four social workers, one orientation and mobility instructor and two clinical nurses. The
construction of four special schools was progressing smoothly to cater for learners with severe
special needs. The upgrading of seven additional special schools would commence during this
financial year. The delegation further received a breakdown of the academic performance for
special schools for 2010 as well as learners involved in pre-vocational skills development.
Although the department faced numerous challenges, they had possible solutions to these
challenges reflected in the following table:
Challenges
Possible Solutions
Delays in upgrading of special schools
Monthly meetings held to track progress
Transport for special schools
Procurement of transport was under discussion
Securing scarce skills in the health profession
Recruitment to be done in collaboration with the
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Department of Health
Therapeutic interventions at special schools
Schools have forged partnerships with local
hospitals so that relevant interventions could
take place
Limited space in special schools
A task team was appointed to do a study and
present a plan of action
Non-existence of special schools for
Site identified and plans submitted for a special
Bohlabela District
school to cater for 100 severely intellectually
challenged learners
Shortage of assistive devices
Assistive devices had been procured and
delivered to 11 Special schools and 10 Full
Service schools. Devices would be provided
incrementally to other schools as the need arises
Sport and Recreational Equipment and Sport
Equipment was procured and delivered to 18
facilities
Special Schools. Facilities to be upgraded and
new ones introduced
Environmental Access for Full-Service
Not all schools were accessible. Special schools
Schools and Special Schools
would benefit from the upgrading project in
progress
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Overcrowding at some Full-Service Schools
To profile all schools for interventions
Lack of Skills Centres
To liaise with FET Colleges for short period
training
Mrs M Mlhlabane also alluded to the financial performance of the Special Schools Programme
as well as the Inclusive Education Programme for 2010/11 with a breakdown of the planned
outputs, budget allocation, actual output and expenditure.
The Department had, over the years, used the Nelson Mandela Celebration Month to leverage the
existence of Special Schools within the province. They had also launched a Compulsory Education
Campaign to raise awareness in communities to enroll learners in schools, including those with special
needs. Ms Mpumalanga 2011 had been appointed as an ambassador to lead the campaign. Radio talk
shows on Special Schools were conducted annually.
5.2.
Visits to Schools
5.2.1 Tenteleni KaNyamazane (Lekazi Township)
(a) Overview
The school was located in the Mngwenya area and was user-friendly for all learners. The
school had 1 100 learners with 298 having various special needs. The school employed 41
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educators, one social support specialist, three administrative staff, six food handlers, six general
workers and two assistant educators. At the time of its establishment in 1997 the school offered
only Grades 1 – 4, but with requests from the community the school had extended up to Grade
7.
The principal indicated the positive attitude of educators and the recent review of school
policies. Most educators attended workshops, seminars and in-service training. In respect of
curriculum enrichment, the principal indicated that the following were in place:

The establishment of a school library and computer centre.

A Science laboratory.

A School Nutrition Programme.

The building of a mini-kitchen (including 2 giant electrified pots for cooking).
Educators made use of the computer centre to prepare lessons. The school has further
introduced an adopt-a-child policy for educators. The eye mobility care programme sought to
have learners eyesight tested, assessed and referred if necessary. The Department also assisted
with providing spectacles for learners in need. The school had an alarm system with a security
company that also provided the necessary monitoring. In addition, the schools also had a
security guard at the gate (paid for through the School Governing Body (SGB) as well as
secure fencing.
(b) Challenges

A key challenge facing the school was staff retention. Well trained educators
were leaving the school for better prospects.
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
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There was a need for a multi-purpose hall, a full kitchen, skills centre and a total
renovation of the school as well as the soccer field.

The school required paving and parking bays.

The school attracted learners from other areas (where there are schools nearby),
a decision taken by parents. The Department did not provide transport.

Computers were outdated and required costly maintenance.

There was a need for professional support staff such as speech therapists and
physiotherapists.

The class ratio of 1:46 made it difficult to give special attention/focus to learners
with special needs.
The Department indicated that the school was one of the best in the district and attracted many
learners from different areas who were not opting for schools in their geographic location. This
created problems of overcrowding and transport issues. Transport was a systemic issue and
needed further investigation from head office. The issue of the computers was a new matter
that the Department would seek to offer assistance where possible.
5.2.2 Lekazi Inclusive School
(a) Overview
The school was situated in the northern part of Lekazi Township in KaNyamazane within the
jurisdiction of Mbombela Municipality. The school catered for learners from informal
settlements surrounding the township. The school comprised of 24 classrooms, a small
administrative block with one office shared by seven School Management Team (SMT)
members and three administration clerks. Enrollment figures stood at 1 097 learners, including
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172 learners with barriers (six with special needs, nine intellectually challenged, one albinism,
one dwarfism, 155 learners who could not read or write), 31 Post Level (PL) 1 educators and
four pre-school practitioners. Some learners with learning barriers were uneducable while
others progressed in numeracy for the Foundation Phase though could not cope in other
learning areas. The school also catered for learners with special needs and physically
challenges.
Programmes currently being run by the school included:

Soul Buddies

Discovery Maths

Science Expo conducted by the SABC

Peer Counseling

Speech, Poetry, Reading and Drama
The school also participated in different sports and activities such as soccer, netball, ladies
soccer, “State of Mind” and cultural events. Through funds from BMW Awards, the school had
built a library and a computer centre which was almost complete. The school also had a
vegetable garden which assisted with the feeding scheme. Learners played a leading role in the
maintenance of the vegetable garden. The school was able to secure a kitchen with the
assistance of the Department and the School Governing Body (SGB) hired parents as food
handlers.
(b) Challenges

Families that were child-headed put a strain on the learners.
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
The school needed a stoep, verandas and accessible passages.

Even with the mobile classes, overcrowding remained a problem.

The school faced a large influx of learners resulting in some being turned away.

Informal settlements were mushrooming within the school precinct.

No time frames had been given by the Department in respect of renovations to the
school.

There had been cases of vandalism at the school.
5.2.3 Estralita Special School
(a) Overview
The school had a total enrollment of 192 learners with 136 hostel dwellers and 56 day scholars.
Staff totaled 69 with 19 educators and 50 non-educators. From the SGB there were three house
mothers and two educators. The school accommodated a wide range of learners with physical
challenges. The school currently had only six household aides and required at least three more
aides (two for the boys’ hostel and one for the toddlers’ hostel). Of the 10 hostel supervisors,
only six were able to do night duties. The hostel supervisors were currently being paid by the
School Governing Body (SGB). There was a plea that the Department paid for at least three of
the supervisors. Vacancies in the hostels included three in the girls’ hostel, four in the toddlers’
hostel and 16 in the boys’ hostel.
The buildings were all accessible to learners, except the hostels which were double-storey
buildings. The school had started to renovate the ablution facilities. The school had ample
storage space with a range of assistive devices for learners. The school also had a well
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equipped and functioning library – unfortunately the school did not have a computer centre. It
was established that the school needed at least 16 computers with a main server and printer.
The school was very secure with electronic gates and 24 hour security. School-based support
included a pastor, adopt-a-cop and a social worker.
(b) Challenges
 Although the school was accessible, the hostels were double-storey with no access to
wheelchair bound learners.
 Although there was a Nursing Sister, the school could benefit from a separate sick-bay.
 There were no computers at the school. There was a request for at least 16 computers, a
main server and a printer.
 A major problem was that toddlers were housed with senior girls.
 With a waiting list of 103 learners, there was a need for extra educators.
 There was an urgent need for the employment of at least three household supervisors
and the filling of the three vacant household aides (general workers).
 Bathrooms needed renovation.
 There was a need for further specialised educators and speech therapists, social workers
and diagnostic specialists.
 There was a need to consider the matter of disability grants, children’s grants, foster
care grants and children’s home allowance.
 Although there were “no fee” schools, provision was not made for “no-fee” hostels.
 The Department had challenges in relation of human resources.
 On the issue of inter-sectoral collaboration, although a Memorandum of Understanding
had been signed by MECs, implementation had not been effected.
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5.2.4
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Kamagugu Inclusive School
(a) Overview
Kamagugu was a public Section 21 School. Learner’s therefore paid school development fees
on top of the subsidy received from the Education Department. Independent audits were made
annually with financial statements submitted by the auditors to the Department and also made
available to parents. The school consisted of 46 staff members with one typist, two
administration clerks, three SOS therapists, two cleaners and three groundsmen. The School
Governing Body (SGB) paid for at least six staff members.
The school learners could be classified as follows:

31 deaf learners.

220 learners with various barriers to learning.
.
All learners at the school were aged 6 – 18 with a maximum of 15 learners per class. Skills
classes went up to 20 per class. The medium of instruction was English and Siswati, deaf
learners were taught in South African Sign Language (SASL). The curriculum was adapted to
accommodate learners with special educational needs. Sign language was a compulsory
learning area for all learners. An extensive skills programme was offered to learners over 15
who did not have the ability to be placed in a mainstream school or to achieve Grade 9.
Annually, parents’ and learners’ input is considered regarding programmes they would like the
school to offer. Some Group 9 learners were placed with businesses in Nelspruit every Friday
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to gain work experience. An interactive smart board was used by staff and therapists to further
assist learners academically.
Apart from the assistance from the Department, most of the school infrastructure was built
through sponsorships and support from the community. The school was also well equipped
with sport equipment supplied by the Department – staff is allocated a monthly budget to
purchase educational equipment and aids for their classes.
Learners received meals daily since most of them were from underprivileged backgrounds.
Companies were encouraged to take in learners and train them for a specific need within the
company. Learners also manufactured beadwork articles which were sold locally and exported
to the United States of America and Sweden. A vegetable garden at the school was maintained
by staff and learners.
(b) Challenges

There was a need for the moratorium on non educator’s posts to be lifted; the
school was paying two general workers from the School Governing Body (SGB)
funds.

A full time nurse was required.

The occupational therapist and social worker were placed in converted teachers
posts renewable annually.

Additional teacher assistants are required.

A standard sized sports field would enhance the quality of education.

There was a need for a fully equipped skills centre.
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
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Two to three hectares of school property was not utilised. It would have been ideal
to build a high school on the property.

Further funding was required to complete the building of the multi-purpose school
hall.

There was a need for at least five classrooms to accommodate learners on the
waiting list.
5.2.5 Silindokuhle Special School
(a) Overview
The school catered for deaf, blind and intellectually challenged learners. The school enrolled
168 learners of whom 90 per cent of them resided in hostels. There was a staff compliment of
19 educators with 36 support staff, eight classrooms, one kitchen, one dinning hall, two
computer laboratories, one boy’s hostel, one girl’s hostel, a laundry, mini-workshop and an indoor clinic. Support staff included five teacher assistants, one Early Childhood Development
(ECD) Practitioner, two deaf councilors, two administration officers, two general assistants,
one clinical nurse, one housekeeper supervisor, 12 household aides, five food service aides and
five laundry aides.
Learners with barriers to learning could be categorised as follows:

34 blind

88 deaf

46 intellectually challenged
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Sign language training was offered to educators, support staff, parents, 20 identified schools
and any interested individuals. Braille training was undertaken for educators teaching visually
impaired learners. Staff development was conducted for educator and non-educator staff on
educational matters, health issues and hostel issues. For the intellectually impaired, the school
was aiming to develop the skills of the learners by incorporating teaching and skills training in
areas such as weaving, gardening and beadwork.
Learners health needs were administered by the clinical nurse by providing medication,
treatment and monitoring learners’ chronic illness. The nurse also arranged transfers and
accompanied learners to health specialists. Advocacy for proper health support to learners was
conducted.
The Department was supplying learners with groceries and vegetables on a monthly basis. The
school vegetable garden was developed to supplement learners’ nutrition. It also allowed
learners an opportunity for skills training. Individual and group counseling on a variety of
issues, including counseling for parents and families of deaf learners was also conducted.
(b) Challenges

The school had only one old vehicle and needed a new one.

12 additional classrooms were needed.

The school also needed an admin block, a two-roomed school clinic and a workshop.

The waiting list at the school stood at 129 learners.

The school did not receive any Braille papers during Annual National Assessments
(ANA) and the final exams.
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5.2.6 Bukhosibetfu Special Primary School
(a) Overview
The school started with a enrolment of 400 learners and 12 staff members including the
principal and one education specialist. Currently the figures stand at 1135 learners with 5
support staff and 5 volunteer workers for the nutrition programme. The school now had one
principal, two deputy principals, 5 education specialists and 27 post level one educators. The
total number of learners with barriers to learning was 164. The school was categorized as a
Quintile One school. The following programmes were offered at the school:

Sign language

Inclusive education

Nutrition programme

Early Childhood Development

Food vegetable garden

READ programme

Life skills HIV/Aids

Music
Where learners performed poorly the school checked the learner profile – the learner was
screened to gain background information about the child and their needs. The school then
identified the barrier and development of the learner. The teacher determined the level and
nature of support needed for that learner and takes action planning, provisioning and
monitoring.
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In 2009 the school had established a class for the deaf with three learners and seven adults.
Currently there are eight learners and ten adults. Through the programme of inclusive
education the school converted the old ablution facility into a library. The school also received
funds from the National Lottery to construct a basketball and netball court which would also
accommodate wheelchair bound learners. The principal also commended the Department for
providing skills development programmes to obtain diplomas in special needs education.
(b) Challenges

The Learner/Teacher ratio was too large resulting in congested classrooms.

The school required an extra classroom for the deaf as well as an assistant teacher.

The environment was not user friendly for wheelchair users. The yard needed to be
paved.

The school required an administration block and a sickbay.

The school also required a Skills Development Centre where learners would acquire
practical skills.
6. Conclusion
The delegation noted with some satisfaction that a number of advances had been made in the
improvement of access and quality of education for learners with special educational needs. These
included that, the Provincial Education Departments were progressively identifying mainstream
schools for conversion to full-service schools, in line with White Paper 6 and the Department’s Action
Plan 2014. In the majority of schools visited, the Provincial Education Departments had taken steps to
upgrade the physical infrastructure to ensure environmental access for all learners. Efforts were also
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made to procure assistive devices to support learners with a range of educational needs. The
Committee also observed similar improvements in Special Schools.
Notwithstanding these achievements, the delegation noted the numerous challenges that still remain.
These include the need for further training of teachers and greater access to professional support
services, the need for skills training and certification, the late arrival of textbooks and question papers,
infrastructure needs of individual schools and transport concerns.
7. Recommendations
The Portfolio Committee on Basic Education, having conducted the oversight visit to the North West
and Mpumalanga, and considered the issues that were highlighted, recommends the following:
7.1
The national Department of Basic Education, together with the Provincial Education
Departments, should intensify teacher training in specialised areas of special needs, taking into
account the varying levels of training needs of different schools. Schools such as Temoso
Special School in the North West require more intensive, frequent and consultative support
based on their expressed need.
7.2
The national Department of Basic Education, together with Provincial Departments of
Education, should expedite and scale up the implementation of the curriculum that responds to
the skills subjects offered in special schools.
7.3
Given that transport is one of the keys to access, it is critical that the Provincial Education
Departments, together with the Department of Transport, make transport arrangements to
ensure that learners with special needs are able to travel to and from school. Transport
subsidies must be one of the components of the budget of full service and special schools.
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The Committee refers the Provincial Education Departments to the following recommendations
it made previously to the Department of Basic Education:
7.4.1 That the National Department, together with the Provincial Education Departments should
deliver timeously to schools sufficient Learner and Teacher Support Material, including
workbooks.
7.4.2 That the National Department should make representations to ensure that Sign Language
becomes an official language in order to enhance quality learning and teaching.
7.5
The Provincial Departments should progressively address the challenges facing
individual
schools as identified in this report. In this regard, the Committee expects a report back within
three months so as to ascertain progress made.
8.
Appreciation
The delegation, led by Hon H Malgas MP, thanked the Office of the MECs, Members of the
Provincial Legislatures, Provincial Departments of Education and the National Department of
Basic Education for the support given during the oversight visit. Although the visit was
arranged at very short notice, the legislatures were able to accommodate our delegation and this
proved successful.
Report to be considered.
WEDNESDAY, 30 NOVEMBER 2011
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COMMITTEE REPORTS
National Assembly
1. Report of the Portfolio Committee on Home Affairs on an oversight visit to the North West province
from 25 to 29 July 2011, dated 22 October 2011
1. INTRODUCTION
1.1. Subject
This report discusses the oversight visit conducted by the Portfolio Committee on Home Affairs to the
North West Province from 25-29 July 2011.
1.2. Background of the oversight visit
The Portfolio Committee on Home Affairs (the department or DHA) had intended to visit
Mpumalanga and North West Provinces from 26 July – 4 August 2011. As a result of the planned
sitting of the National Assembly on 2 August 2011, the chairperson decided to cancel the Mpumalanga
leg of the trip and focus on the North West province only.
1.2.1 Objectives of the report
The objectives of the report are to:
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 Report on the challenges faced by the ports of entry and the offices of DHA in the North West
province;
 Draw conclusions from the findings and make appropriate recommendations.
1.2.2 Scope and limitations
The Committee spent much of its time travelling long distances to visit the offices of the department in
the province. Because of that, the delegation only received a presentation at the Mmabatho Large
Office. The planned walk-about was not conducted due to time constraints. This is an office, which
attends to a large number of customers.
1.2.3 Plan of development
The report begins by describing the current situation in the province and the current
situation in
the ports of entry and DHA offices. The briefing was conducted by the acting provincial manager. Two
ports of entry were visited and five public service offices of the department.
1.2.4 Delegation
The following Portfolio Committee members and staff participated in the oversight visit:
Members of the Portfolio Committee:
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Maunye, Ms MM (Chairperson) (ANC); Thibedi, Mr J (ANC); Mathebe, Ms DH (ANC); Gasebonwe,
Ms TMA (ANC); Rwexana, Ms SP (Cope); Mbhele, Mr P (Cope); Lovemore, Mrs A (DA); Mnqasela,
Mr M (DA); Makhuba, Ms HN (IFP) and McGluwa, Mr JJ (ID).
Parliamentary staff:
Mathonsi, Mr SE, Committee Secretary; Salmon, Mr A, Committee Researcher and Diya, Mrs N,
Committee Assistant.
2
OVERSIGHT VISIT TO THE PROVINCIAL DEPARTMENT
2.1 Briefing by the Acting Provincial Manager
The Acting Provincial Manager, Mr Jack Monedi, made a presentation on the state of the province. He
reported that the Director-General of the Department of Home Affairs took a decision to build the
capacity of all provincial departments by employing the provincial Directors for Finance and Support.
This would help provinces to procure goods and services. Provinces up until now did not have the
capacity to procure goods and services.
The post for provincial manager was advertised. The national department took a decision that the
North West, Mpumalanga and the Eastern Cape provinces should only appoint female provincial
managers.
For it to function at full capacity, the North West province needed a staff establishment of 1 192 posts,
however only 557 had been filled, leaving 635 posts vacant. Out of the 635 vacant posts, 58 were
funded posts and 577 were unfunded posts. Out of the 557 posts filled, 332 were occupied by females
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and 225 were occupied by males. The province was operating at an average of only 47% of its required
capacity.
The province is mostly rural and comprises of farms and many areas are reached only by mobile
service units and trucks. Many children, mostly from farms did not have birth certificates because their
parents themselves did not have identity documents. Some children did not have parents to assist them
to apply for birth certificates. The department was addressing this problem at a policy level. The
province also established local stakeholder forums in all the municipalities in order to address these
and other problems as part of the DHA’s outreach programme.
There were still a few people on the farms that had Transkei, Bophuthatswana, Venda and Ciskei
(TBVC) identity documents and the department was also helping them to acquire new identity
documents.
2.2.
DHA footprint
The province is divided into four municipalities; namely, Dr Kenneth Kaunda District, Bojanala
District, Ngaka Modiri District and Dr Ruth Mompati District. Each district has a district manager.
Within the district municipalities, there were local municipalities such as, Ratlou, Lekwa-Teemane,
Mamusa, Moretele and Kgetlengrivier that did not have Home Affairs offices. The Acting Provincial
Manager reported that there was a need to increase the presence of Home Affairs in Ngaka Modiri and
Dr Ruth Mompati District Municipalities. Dr. Ruth Mompati and Dr Kenneth Kaunda District are
developmental nodes in the province.
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Bojanala District Municipality is the largest district municipality in the province but only has four
Home Affairs offices. There was a need to increase the capacity of Rustenburg and Madibeng local
municipalities, which are within the Bojanala District Municipality. It was reported that Kgetlengrivier
is 100% constituted by farms and it did not have an office.
The province has 10 Thusong centers and six were deployed with full-time staff. Mobile units were
deployed to municipalities that did not have Home Affairs offices. The province has 29 small Home
Affairs offices and an additional 14 offices had been secured. The small offices have 35 full-time staff
deployed. The eleven mobile units conducted 826 sites visits in the first half of 2011.Through the use
of the mobile units, the provincial department managed to finalise 1 143 Late Registration
Applications (LRB) and distribute 2 890 identity documents.
The province has 42 health centers and the DHA has a good working relationship with the Department
of Health. Fourteen health centers were equipped with computers to register births. These 14 health
centers had four full-time staff deployed on a rotational basis.
The North West province has nine ports of entry; namely; Bray, Makopong, Makgobistad,
Ramatlabama, Skilpadshek, Swartkopfontein, Kopfontein, Derdepoort and Pilanesburg. Ramatlabama,
Skilpadshek and Kopfontein are commercial ports of entry and the rest are non-commercial ports of
entry.
The province did not have a refugee reception office. It relied on the Gauteng office to process
applications for refugee status. The asylum-seekers were only provided with transit visas at the border
posts and were required to report to the nearest refugee reception office, which is in Gauteng. It was
reported that foreigners in the province are mainly involved in small businesses.
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Corruption and fraud
Mr Monedi indicated that the province has few corruption cases. The province had four cases of
corruption of which two were finalised and two were still under investigation at the time of the
oversight visit. These cases involved false birth registration, fraudulent ID issued to a Zimbabwean,
stock theft using a state vehicle and a faked temporary identity certificate.
3.
OVERSIGHT VISIST TO THE PORTS OF ENTRY OR BORDER POST
3.1
Oversight visit to the Ramatlabama port of entry
Ramatlabama port of entry is located 25 kilometres north of Mahikeng on the border with Botswana.
The border operates from 06:00 to 22:00 from Monday to Sunday. This border post performs the
following functions:
 The management of admissions and departure;
 The issuing of relevant permits;
 The overall management of revenue collected from administrative fines;
 The management of illegal migration in the port of entry (law enforcement);
 The provision of administrative support services in the port of entry;
 The management of stakeholder relations at the border.
The port of entry uses electronic systems to monitor migration while the counterparts in Botswana use
a manual system.
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The port of entry needed a staff establishment of 74 posts for it to function at full capacity but only 32
posts were filled. Out of the 42 posts, two were funded vacant posts and 40 were unfunded vacant
posts.
The port of entry was able to monitor service delivery by having a suggestion box for members of the
public. With regard to access to customer information, it was reported that the border post relied on the
Head Office or South African Revenue Service (SARS) IT help helpdesk. This dependency on SARS
created many problems when systems were down after working hours. Although SARS has an afterhours helpdesk, its IT technicians were mostly not available. This resulted in the clearance of travellers
done manually and this is a high risk to the security of the country.
It was indicated that the Home Affairs systems in border offices did not connect with each other and
that of other departments (i.e police). This resulted in persons that had been refused entry at one port
being able to enter through another entry.
Another security risk was that the North West borderline does not have members of the defence force
to patrol it. It was only patrolled by the South African Police Services (SAPS). This was because the
risk assessment had found that the North West was a low risk province. The defence force was
deployed in the high risk provinces, such as, Limpopo and Mpumalanga.
Challenges at the Ramatlabama border post
It was reported that the port on entry faces the following challenges:
 There is no shelter for customers during the rainy season or sunny weather;
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 There are no chairs/benches for customers to sit on while queuing for services;
 There is no speed service or ATM for customers who contravened the Immigration Act and
were willing to pay on the spot;
 There is no tourism information desk;
 The health officer/department are not often available to administer vaccines to the customers
who do not have vaccine documents;
 There are no regular vaccinations of officials;
 There is limited family accommodation for officials and as a result some officials are
compelled to travel at night to their places of residences with their own transport. This
compromises their safety.
 There is no clinic or school to provide services to the officials who stay at the port of entry;
 There is shortages staff;
 There is no official transport to transport night shifts officials although other stakeholders at the
port of entry were provided with transport;
 There is no glass partitioning at the service counter to eliminate risks such as spreading of
contagious diseases e.g. flu, etc.
 The withdrawal of border concessions permits for regular travelers, such as, truck drivers cause
congestion at regular counters.
Another challenge was that the SARS scanner at the port of entry was not working. As a result, it was
difficult to detect drugs coming in and out of South Africa. In addition, the port of entry had no weigh
bridge and forklift to check the goods on trucks.
3.2 Oversight visit to the Skilpadshek border post
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Skilpadshek is one of the three commercial ports in the North West. The staff establishment of the port
of entry should be: 74 for the DHA, but only 14 posts were employed; 334 for SAPS, but only 104
posts were filled and 100 for SARS, but only 44 posts were filled.
At the time of the oversight visit, the Department of Public Works was in the process of building new
offices to accommodate various departments - SARS, South African Police Service (SAPS) and DHA.
It was reported that the construction of the new offices should had been completed in 2010 but the
subcontractors who were awarded a tender were underperforming. As a result of that there was no
clear indication when the construction would be completed. It was indicated that since the construction
of office accommodation commenced, the number of people using the port of entry had decreased.
Another cause of delay to the construction of new offices was that a certain private customs clearing
agent was refusing to vacate the land which the Department of Public Works had purchased to build
the new offices. This matter needed to be resolved by the Department of Public Works, the clearing
agent and the court. At the time of the oversight visit SARS was operating from caravans. It also did
not have scanners. It was reported that once the construction of new offices was completed, SARS
would be able to use scanners.
To improve security at the borderlines, it was emphasised that it was important to have the army
deployed at the borderline in order to combat drug trafficking, stock theft and fake goods.
Challenges at the Skilpadshek border post
The main challenges at the border post were that there was no residential accommodation for officials.
Officials lived at a nearby military village without their families. The military village did not have a
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reliable water supply. Residents relied on a borehole for water supply. Another challenge was that
there are no schools in the area. The nearest schools are in Zeerust which is 52 km away from the port
of entry.
4.
OVERSIGHT VISIT TO THE OFFICES OF THE DEPARTMENT OF HOME
AFFAIRS
4.1
Atamelang District Office
It was reported that the staff establishment for the office was supposed to be 37 but only 23 posts had
been filled. The office had six vacant funded posts and seven vacant unfunded posts. The position of
the Administrative Officer was vacant and funded. Ten posts for Chief Administrative Clerks were
vacant posts - five were funded and five were unfunded. One front Office Clerk post was vacant and
funded. The position of the administrative clerk was also vacant. The office did not have a fingerprint
taker and this post was not funded. It also did not have a switchboard operator. It did not employ any
people with disabilities.
The office did not have immigration services. All the immigration services were done at the Mmabatho
Large Office. The office did not have a passport live capturing machine and it relied on Mmabatho
Large Office for live capturing which is a considerable distance away.
The office established a local stakeholder forum with 20 members. The members of the forum
comprised of the municipality, government departments, non-governmental organisations (NGO) and
other organisations in the area. The purpose of the stakeholder forum is draw up service delivery
programmes and to address issues that might hamper service delivery. With the help of the forum,
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DHA was able to identify areas that needed to be serviced. The forum also assisted DHA to mobilise
the community and provide transport when it was needed. The forum was also able to identity venues
and facilities where services could be rendered.
The office had a suggestion box which was checked once a week. The office also had clearly visible
pictures and contact details of the office management including the Acting Provincial Manager and a
champion of the province should clients require them.
The office offered the following services to members of the public: birth registrations, death
registrations, marriages, applications for identity documents, late registration of births, and application
for travelling documents. The office generated R141 489 between January and June 2011.
Between January and June 2011, the office visited 105 schools, took applications for IDs of the 105
schools visited, 26 were high schools and 79 were primary schools. The office worked with four health
institutions where 729 births were registered during the reporting period between the ages of 0-31
days. The visits by the office to the health institutions were conducted once a week. The office also
visited permanent service points twice a week. Despite its efforts to visit the health institutions, the
office faced the challenge of not having sufficient transport to conduct outreach programmes since
only three vehicles were available. The office did not have a mobile unit.
The office had two cases of corrupt activities, namely, the unauthorised use of a government vehicle
and failure to report to work. The cases were finalised in June 2011 and the officials were given verbal
warnings.
Challenges facing the office
The office faced the following challenges:
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 There was a shortage of staff and the office was operating at 63% capacity.
 The office did not have immigration services. It relied on neighbouring offices for assistance.
 The live capture of passport was done at the Mmabatho Large Office which is 115 kilometres
away from the Atamelang Office. The capturing needed to be done 2-3 times a week.
 The LRB processes, duplicate cases and rectifications take far too long before they are finalised
by the Head Office. Duplicate IDs were particularly problematic for clients that had to bury
their deceased.
 Transport was a considerable challenge. The office had three vehicles and serviced far flung
rural areas. The vehicles were old and very risky to drive.
Another challenge faced by the office was the issue of duplicate cases. A duplicate case is when two or
more individuals share one identity number. It was reported that it takes approximately two weeks for
the Head Office in Pretoria to resolve these cases. It was indicated that it was even more of a challenge
when a duplicate case was discovered when a death certificate had to be issued. The department
resorted to issuing handwritten death certificates so that the deceased can be buried. The difficulty was
that these handwritten death certificates are sometimes not accepted by the insurance companies.
4.2
Lichtenburg District Office
It was reported that the office establishment was supposed to be 37 staff but only 21 posts had been
filled. The office did not have a control immigration service. It had two immigration officers. Three
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immigration officer posts were vacant and unfunded. There was a vacant and funded post for an
administrative officer, seven vacant unfunded and one vacant funded posts for chief administrative
clerks. The office had one vacant unfunded post for a front office clerk. The fingerprint taker positions
were vacant and unfunded . The office did not employ persons with disabilities.
The office had a suggestion box which was checked once a week. The office also had pictures and
contact details of the office management, Acting Provincial Manager and a champion for the province
for clients to use to contact them where needed.
The office offered the following services to members of the public: birth registrations, death
registrations, marriages, applications for identity documents, late registration of births, and application
for travelling documents. The office generated R462 965 between January and June 2011.
Between January and June 2011, the office visited 58 schools. In the 58 schools visited, 9 were high
schools, 48 were primary schools and one special school. The office worked with two health
institutions where 729 births during the reporting period were registered between the ages of 0-31
days. The visits to the health institutions were conducted once a week. The office also visited
permanent service points twice a week. The office, however, did not have a mobile unit.
The office established a local stakeholder forum with 10 members. The members of the forum
comprised of the municipality, government departments, NGOs and other organisations in the area.
The office had four cases of corrupt activities, namely, late coming, complaints from clients,
dereliction of duties and unplanned leave. All the cases were finalised in 2011..
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Challenges facing the office
The office faced the following challenges:
 There was a shortage of staff and the office was operating at 58% capacity;
 The office was capturing passports at Mmabatho Large office which is 85 km away;
 It took long to deport illegal immigrants because of the lack of transport;
 The office did not have enough vehicles to service far flung rural areas;
 As with other offices in the Province the LRB processes, duplicate cases and rectifications took
long before they were finalised by the Head Office.
4.3
Itsoseng Local office
The briefing at the local office mainly focused on the challenges that were facing the office. These
included:
 The issue of the construction of a permanent office accommodation for the office was long
overdue. The Department of Public Works had not started with the construction of the office.
The office manager reported that they were told that the area is situated in a dolomitic area and
prevented construction. They were however, later told that the area does not have dolomite.
 The office was operating from three park homes. This posed a big problem when it was raining
as clients cannot access the office because the premises gets flooded.
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 The park homes had two computers and three vehicles to service clients from 25 villages, 51
schools, and two health centres.
 The park homes are not accessible for people with disabilities because they have steps.
 The office had one toilet for staff and members of the public.
 The staff establishment of the office was supposed to be 35 but only 14 positions had been
filled. Of the six chief clerk positions, only one was filled. Of the ten front office clerks only
five had been filled; of four administrative clerks only one had been filled; the positions of
fingerprint taker and switch board operator were vacant. There were 21 positions that were
vacant and unfunded. The office did not have immigration officers. It did not have people with
disabilities employed.
The office offered the following services: birth and death registration, marriages, received identity
applications, travelling documents and LRB.
4.4
Mmabatho Large Office
The Mmabatho Regional office executes two core functions, namely, civic services and immigrations.
Under civic services the office offered the following: travel documents, passports, birth and death
registrations, marriages, identity documents, naturalisation and assistance with the updating and
cleaning of the National Population Register (NPR) and management of records. Under the
immigration services, the office assists clients with applications for permits, renewal of permits and
change of status.
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The total staff complement of the office was 53 and one person with disability had been employed.
One person had retired from the permitting section and the position was not yet filled.
The office serviced 12 clinics for birth registrations and one permanent service point. The office also
visited schools around Mmabatho and the mobile truck was used to visit various villages during an
outreach programme. The office established a stakeholder forum comprising of traditional leaders,
South African Social Security Agency (SASSA), Departments of Social Development and Education.
It was reported that the office did not have cases of fraud and corruption. The office had however,
detained suspected illegal foreigners, the majority coming from Botswana and Mozambique.
Challenges faced by the office
The office faced the following challenges:
 There was a shortage of transport to conduct an outreach programme;
 Programmes sometimes failed due to changes in leadership in the Mmabatho Regional office.
This also affected projects;
 The unavailability of an immigration head;
 There was need to train immigration officers with regards to the current amendments of the
Immigration and Refugees;
 Illegal employment of foreigners;
 Asylum seekers overstaying their validity permits, such as, the Section 22 permits and
fraudulent extensions of these permits;
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 Aiding and abetting of illegal foreigners to acquire South African identity documents and
harbouring of illegal foreigners;
 Identify document tracking stickers were dispatched to offices but were not always received at
the regional offices; and
 Head Office was not responding on the enquiries.
The office generated R27 103 for penalties and administrative fines paid by foreigners for expired
permits. Renewal of expired permits generated R22 000. It was reported that the majority of people
who applied for work permits were Zimbabweans, for relative permits were Bangladeshi citizens and
for study permits were Botswana citizens.
4.5
Klerksdorp Regional office
The office operates from an old hotel and it occupies four floors (first floor up to fourth floor). The
office was awarded a Rotary Club for Vocational Service Award and a Wesvaal Chamber of Business
as the best performing government department.
The Klerksdorp regional office was supposed to have a staff establishment of 68 employees but only
42 people (63%) were employed. The position of the office manager was vacant. There were nine
vacant funded posts and 17 vacant unfunded posts.
The office has a new queue management system and the counters provided all services of the
department. Section A of the office dealt with the first identity documents issue, re-issue, temporary ID
and citizenship; Section B dealt with the collection of identity documents, passports, certificates and
enquiries; Section C dealt with the late registration of births, registration of births and deaths,
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amendments on births and deaths and Section D dealt with issuing of passports, temporary passports,
child passports, emergency travel documents and official passports. The office has a live capture
machine for passports.
The office cancelled 37 identity documents that were obtained through misrepresentation or in a
corrupt manner. Some of these identity documents were used by six beneficiaries to acquire RDP
houses fraudulently. These houses were reallocated to the deserving South Africans. The office also
assisted SASSA to identity approximately 700 beneficiaries who had registered for child support
grants, either through fictitious children or children belonging to another mother.
The office established a stakeholder forum and it helped the office to mobilise communities. It also
visited a permanent service point at Tigane. The office was also servicing five hospitals on a daily
basis and the person responsible for servicing the hospitals was permanently employed on 11 July
2011.
Challenges faced by the office
The office faced the following challenges:
 Shortage of staff was hampering service delivery;
 Up until just before the oversight visit there were no permanent appointments for service points
and hospitals. Staff was still being taken from the office to service these points. This meant that
the office had to face the challenge of long queues;
 The holding cells for illegal immigrants did not have proper burglar doors;
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 The office has three vehicles and the immigration section needed a sedan since all the vans
were used to transport illegal immigrants. The vans would often breakdown;
 South Africans colluding with illegal foreigners to access enabling documents; and
 Bogus marriages.
5.
RECOMMENDATIONS
Based on the findings of the oversight visit, the Committee recommends the following:
5.1 The department should fill all vacant posts.
Vacant posts should be filled, especially starting with the vacant funded posts in order to speed up
service delivery. There are many vacant and funded posts that must be filled as a matter of urgency.
Suitable accommodation and favourable office conditions would improve employability. Furthermore,
completion of the office accommodation at Skilpadshek port of entry would require the department to
employ more staff.
5.2 The government should deploy the South African National Defence Force (SANDF) along the
North West borderline with immediate effect.
The deployment of SANDF would curb the inflow of illegal foreigners into South Africa, and prevent
drug trafficking and fake goods.
5.3
The department should provide transport in all of its offices and the ports of entry.
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The North West province is mostly rural and in order to reach rural areas the department implemented
an outreach programme. It is therefore important for the department to increase the number of vehicles
(4X4 vehicles) for the offices at the ports of entry to enable officials to reach most rural areas.
The officials who did not have accommodation at the ports of entry should be provided with transport,
especially those who work night or late shifts.
5.4
The department should work with SARS to ensure that the scanner at the Ramatlabama
and Skilpadshek border posts are installed.
This was not the first time that the Committee had found that the scanners were not working at ports of
entry. DHA, through BCOCC should make sure that scanners are working at all ports of entry. SARS
officials should also be provided with handheld scanners or sniffer dogs to check the trucks.
5.5
The department should employ people with disabilities and the offices should be
accessible to people with disabilities.
The Committee was informed that the department in the province had tried to contact the office of the
premier in order to get CVs or encourage people with disabilities to apply. It was reported that people
with disabilities did not meet the requirements. The Committee is however of the opinion that finger
print takers and switchboard operator positions are at the lower level which did not require post
matriculation qualification.
5.6
The Department should provide passport live capturing machines in all offices of the
department.
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The offices should be provided with live capture machines so that passports could be issued within the
turnaround times set by the department.
5.7
The department should work with the Department of Social Development to provide
counselling to locals who married foreigners.
The department should be encouraged to work with the Department of Social Development to provide
social workers to counsel South Africans who are about to marry foreigners, to assess the possibility of
abuse of State services.
5.8
The department should address the issue of duplicate identity numbers as matter of
urgency
Duplicate cases should be addressed as a matter of urgency. Because this is a national problem, the
national department should run campaigns to help people check if their identity numbers had not been
duplicated. This would ensure that people know their status when needed.
5.9
The department should address issues at Itsoseng, Ganyisa and Taung local offices.
Although the Committee did not visit Ganyisa and Taung offices, the Committee recommends that the
issue of office accommodation in these three areas should be addressed as soon as possible. It seemed
that the delay at the Itsoseng office was with the Department of Public Works. The Ministers or the
Director - Generals of the two departments should meet to address office accommodation of the
department in the North West.
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5.10
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The department should address issues and complaints raised by the members of the
public in the suggestion box register.
The issues raised through the suggestion boxes and complaints register should be addressed by the
department. The public mostly raised the issue of shortage of staff which resulted in long queues in big
offices and processing of permits in the regional offices.
Report to be considered.
THURSDAY, 1 DECEMBER 2011
TABLINGS
National Assembly
1.
The Speaker
(a)
Report of the Public Service Commission on the Assessment of Recruitment and Selection
Practices in respect of Section 57 Managers and Municipal Managers – March 2011 [RP
64-2011].
COMMITTEE REPORTS
National Assembly
14 FEBRUARY 2012
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1. REPORT OF THE PORTFOLIO COMMITTEE ON HIGHER EDUCATION AND
TRAINING ON THE ANNUAL REPORT 2010/11 OF THE NATIONAL SKILLS
AUTHORITY (NSA) AND THE NATIONAL SKILLS FUND (NSF) DATED 30 NOVEMBER
2011
The Portfolio Committee on Higher Education and Training, having considered the Annual Reports
2010/11 of the National Skills Authority (NSA) and National Skills Fund (NSF) reports as follows:
1. Introduction
The Portfolio Committee on Higher Education and Training considered the Annual Report 2010/11 of
NSA and NSF on 02 November 2011. This report gives a brief summary of the presentations made by
the NSA and NSF to the Committee, focusing mainly on the 2010/11 Annual Financial Performance
and an overview of challenges and successes of the year under review. The report also provides the
Committee’s observations and recommendations.
The Portfolio Committee on Higher Education & Training was represented by:
Adv I Malale, Chairperson (ANC), Ms N Gina (ANC), Mr S Makhubele (ANC), Mr C Moni (ANC),
Mr S Radebe (ANC), Ms W Nelson (ANC), Dr J Kloppers-Lourens (DA), Mr A van der Westhuizen
(DA), Mr P Dexter (COPE) and Mr A Mpontshane (IFP).
Department of Higher Education and Training
Mr G Qonde: Director-General
Mr T Tredoux: Chief Financial Officer
Ms P Moleke: Deputy Director-General, Skills Development
Mr F Toefy: Chief Director, Monitoring and Evaluation
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Mr O Shelembe: Chief Director, Finance
Ms A Poolman: Director, Financial Services
National Skills Authority
Mr E Majadibodu: Chairperson
Mr T Mashangoane: Secretariat
National Skills Fund
Mr M Macikama: Chief Executive Officer
2. Summary of presentations
2.1 National Skills Authority
Mr E Majadibodu: Chairperson led the presentation which highlighted the following key issues:

The year 2010/11 was practically a year of managing the implications of the function shift as
well as concretizing the new system in the Department. Fortunately, the NSA had already
undertaken a strategic workshop to engage the Minister and the DG with the purpose of
realigning the NSA.

The core function of the NSA was to advise the Minister on matters related to skills
development. The NSA was made up of a board comprising social partners and there was a
secretariat located in the Department who supported the board.

The year 2010 was packed with urgent skills development activities that were crucial to the
establishment of the new post school landscape.

The NSA advised the Minister on the following issues; capping on administration from 2% up
to 10% in the NSF, SETA landscape, constitution and extension of their lifespan for one year,
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consultation workshops on the National Skills Development Strategy (NSDS III), review of
polices and legislation.

NSA Budget: The NSA received a budget allocation from DHET through voted funds. In the
main these funds were for the administration activities such as personnel expenses for
Secretariat staff and logistics. The NSA Skills Conference was funded by the NSF. Discussion
to make standing annual allocation to the NSA was underway and awaiting finalisation of the
repositioning project.

NSA KEY Areas of Advice 2011/12: Review skills development legislative framework to
support integration of education and training, develop a framework on the mobilization of
business, government, community and labour to take full ownership of the NSDS III,
strengthen the monitoring and evaluation function of the NSDS III.
2.2 National Skills Fund
Mr M Macikama: CEO led the presentation which highlighted the following key issues:

The annual performance of the NSF for the year under review was incorporated in the
Department’s Annual Report since the entity was not yet listed as separate.

A total number of 6,979 bursaries were awarded for the period under review to support studies
in critical skills through Career Wise and the National Student Financial Aid Scheme (NSFAS).
A total of 856 post graduate bursaries were also awarded in partnership with the National
Research Foundation (NRF).

The scarce skills learning programme benefited 4,399 people through learnerships and
internships. The scarce skills artisan programme benefited 5,152 people. The Training Layoff
Scheme benefited 520 workers.

The NSF continues monitoring disbursement made through ongoing site visit to all projects.
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
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A total of 333 Community Based Organisations (CBO’s) benefitted from various interventions.
An actual total of 3,728 beneficiaries participated in the programmes, at a cost of 19, 6 million.
Targets were not met in delivering new venture projects for young people as a result of the
impending NSDS III.

The delay in the launch of the NSDS III necessitated postponement of provides capacity
building grants for FET colleges to improve skills development to benefit young people.

A total budget of R99.4 million was approved for the Career Advisory Services in partnership
with the South African Qualifications Authority (SAQA).

Financial Report: The total revenue of the NSF for the year under review was R2 billion
while the expenditure was R633 million leaving a net surplus of R1.4 billion. The net total
assets of the NSF were R6.6 billion in total.

Auditor General’s Report: The NSF received an unqualified audit opinion for the year under
review. Irregular expenditure of R48 million was incurred. The NSF was not yet listed as a
public entity and its budget was underspent.

The NSF completed an action plan regarding audit findings which included matters identified
during the audit that resulted in audit queries.
3. Committee Observations
3.1 The Committee was concerned with the fact that the NSA was not yet listed as a separate public
entity that receives a separate budget. It was noted that the NSA should be independent from the
Department to provide efficient advice to the Minister.
3.2 The Committee was concerned with the over representation of government officials in the board of
the NSA. It was noted that labour market stakeholders should be provided with sufficient platform on
the NSA board to discuss the skills needs of the sector.
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3.3 The NSA was requested to ensure that resolutions / recommendations of the Skills Summit should
be implemented before another conference is held.
3.4 The NSA was requested to spread its visibility to ensure that the public may be made aware of its
core functions and mandate.
3.5 The Committee was concerned with the secondment of a private sector official to the NSF since
the remuneration of this official was classified as irregular expenditure by the AG.
3.6 It was noted with concern that the targets of the NSF were too low and easily achievable.
3.7 The Committee was extremely concerned with the under-spending of the NSF funds since the
country was lagging behind in skills development.
3.8 The Committee requested a breakdown of provincial allocation for NSF projects.
4. Recommendations
The Committee recommended the following:
4.1 National Skills Authority

The NSA should improve its capacity in order to operate independently from the Department
and receive its own allocation of funds.

The NSA should advise the Minister on the implementation of the skills audit for all sectors of
the economy to identify gaps and shortages.

The NSA should improve its visibility so that other relevant stakeholders or communities can
become aware of its mandate.
4.2 National Skills Fund
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
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The NSF should improve its capacity and management of financial activities to address the
material underspending of its budget.

The targets of the NSF should be improved and quantified articulately so that committed funds
may be efficiently utilised.

The Department should fast-track the process of listing the NSF as a Schedule 3A public entity.

The NSF should ensure that its reported indicators are consistent with planned strategic
objectives to address areas raised by the AG on predetermined objectives.

The R1.25 billion capacity building grants for FET colleges should be utilised to facilitate
skills development initiatives.

There is a need for a special project focusing on the training of a new generation of academics
and FET college lecturers and the NSF should commit funds to this project.
Report to be considered.
2. REPORT OF THE PORTFOLIO COMMITTEE ON HIGHER EDUCATION AND
TRAINING ON THE ANNUAL REPORT 2010/11 OF THE SOUTH AFRICAN
QUALIFICATIONS AUTHORITY (SAQA) AND COUNCIL ON HIGHER EDUCATION
(CHE) DATED 30 NOVEMBER 2011
The Portfolio Committee on Higher Education and Training, having considered the Annual Reports
2010/11 of the South African Qualifications Authority (SAQA) and the Council on Higher Education
(CHE), reports as follows:
1. Introduction
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The Portfolio Committee on Higher Education and Training considered the Annual Report 2010/11 of
SAQA and CHE on 26 October 2011. This report gives a brief summary of the presentations made by
SAQA and CHE to the Committee, focusing mainly on the 2010/11 Annual Financial Performance and
an overview of challenges and successes of the year under review. The report also provides the
Committee’s observations and recommendations.
The Portfolio Committee on Higher Education & Training was represented by:
Ms Gina (ANC), Mr S Makhubele (ANC), Mr C Moni (ANC), Mr S Radebe (ANC), Ms W Nelson
(ANC), Dr J Kloppers-Lourens (DA), Mr A van der Westhuizen (DA) and Mr A Mpontshane (IFP).
Apologies: Adv I Malale, Chairperson (ANC), Ms N Magazi (ANC) and Mr P Dexter (COPE).
South African Qualifications Authority
Dr V Penxa: Chairperson
Mr S Isaacs: Chief Executive Officer
Mr J Samuels: Deputy Executive Officer
Mr M Albertyn: Chief Financial Officer
Council on Higher Education
Prof L Moja: Council Member
Prof M Fourie-Malherbe: Council Member
Mr A Essop: Chief Executive Officer
Department of Higher Education and Training
Mr T Tredoux: Chief Financial Officer
Ms L Tlou: Director of National Qualifications Framework
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Mr P Whittle: Acting Director
2. Summary of presentations
2.1 South African Qualifications Authority
Mr S Isaacs, Chief Executive Officer (CEO) of SAQA, led the presentation which highlighted the
following key issues:

The CEO informed the Committee that he was resigning and the Deputy Executive Officer
would take over. The essential role of SAQA was the management and implementation of the
National Qualifications Framework (NQF). In doing so, SAQA developed policies and criteria
to recognise professional bodies and drafted level descriptors. The Quality Council on Trades
and Occupation (QCTO) was assisted by SAQA through standard settings, quality assurance
and the assignment of the Deputy Executive Officer and six staff members. The Career Advice
Service was established in partnership with 9 SABC Radio stations to assist learners in rural
areas.

SAQA hosted the National Recognition of Prior Learning (NRPL) Conference in February
2011. A Ministerial Task Team on RPL was launched which would report to the Minister on its
work.

Registration of Qualifications: SAQA registered 144 new qualifications and 795 new unit
standards, approved 47 applications by Education and Training Qualifications Authorities
(ETQAs) resulting in 95 qualifications being allocated to them for quality assurance. In terms
of foreign qualifications, 24 665 qualifications were received of which 305 were from
Zimbabwe.
14 FEBRUARY 2012

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Governance: On 1 January 2011 the 5TH SAQA board was appointed and met for the first time
on 16 February 2011.

Financial Performance: SAQA achieved its 14th unqualified audit report from the AuditorGeneral (AG) with no emphasis raised on any matters. Funds were managed responsibly,
efficiently and effectively. SAQA spent 83% of its revised budget for 2010/11. Under-spending
amounted to R14.5 million (16.26%) for the year under review.

Staffing: Staffing complement was increased by 24% (27 positions). Staff turnover year to
date was 6%. SAQA appointed 14 persons for the current financial year. Currently 85% of
positions were filled. The filling of 10% would be finalised by December 2011, and the
remainder by February 2012. SAQA also appointed five Learners in Business Administration
(NQF Level 4) and 2 interns. Appointment of further three was underway.

Way forward: SAQA aims to provide leadership in the transition from the SAQA Act to the
NQF Act, and future operations. SAQA also aims to enhance research and development
capacity and credibility, to direct and steer policy. Work towards a system of recognised,
quality, articulated learning and career paths which removes systematic barriers to access and
progression.
2.2 Council on Higher Education
Mr A Essop: CEO led the presentation which highlighted the following key issues:

Overview: The CHE appointed a new CEO and two other senior management members in the
year under review for organizational stability. Organisational structure and functions were
reviewed to expand the mandate of the Council.

A key focus area for the CHE in the year under review was to address weaknesses, which
adversely impact on operational efficiency and effectiveness. In this regard, the CHE revised
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human resource policies, benchmarked the salary structure and completed a comprehensive
compliance audit.

The two key challenges of the CHE were a lack of systematic monitoring, in particular, policy
impact studies and quality assurance was not used as a steering tool to complement planning
and funding.

Advice and Monitoring: The CHE received a request for advice at the end of March 2011 on
the establishment of a Central Applications Office, the establishment of a Community Service
Scheme for Graduates and the role of the CHE in strengthening teaching and learning.

The CHE facilitated a Consultative Workshop on the establishment of a National Stakeholders
Forum.

The State of Higher Education Indicator project was initiated in January 2010. Research
projects done by the CHE included: Survey of Student Engagement, Effectiveness of the LLB
Degree and State of Private Higher Education.

Publications: Publications by the CHE included: Access and Throughput in SA Higher
Education, Teaching and Learning beyond Formal Access and Report on National Review of
Academic and Professional Programmes in Education.

Institutional Audits: The first cycle of Institutional Audit was completed. The University of
KwaZulu-Natal Audit Report was withdrawn and the university would be audited in the second
cycle starting in 2012 which will also focus on teaching and learning.

Programme Accreditation: 248 new programmes were assessed, 130 private provider
programmes evaluated for re-accreditation.

Corporate Service: Internal and external audit identified gaps and weaknesses in the
application and implementation of systems, policies and procedures in finances, supply chain
and human resource. An action plan was developed to address findings, monitored by the
Executive Committee and Audit Committee.
14 FEBRUARY 2012

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Financial Statement: The CHE received an unqualified audit from the AG with three
emphases raised: Irregular expenditure of R6 million on building renovations undertaken in the
past two financial years, fruitless and wasteful expenditure of R5 million on tax penalties, and
late and incorrect submission of financial statements. The CHE had a total income of R39
million and spent R36 million.
3. Committee Observations
a) SAQA
3.1 SAQA was commended for receiving a 14th unqualified audit opinion with no matters of emphasis.
The outgoing CEO Mr S Isaacs was commended for his contribution to the success of SAQA over the
years.
3.2 The Committee requested SAQA to reach out to people in rural areas so that they may access its
services. The increase in the number of unscrupulous colleges was condemned by the Committee since
many young people fall victim to these illegal institutions. SAQA was requested to expand its
awareness programme on illegal institutions.
3.3 It was noted with concern that SAQA approved the Doctorate of the former Vice-Chancellor of
Tshwane University (TUT) and revoked it later on. The Committee requested that such action should
not be repeated and action be taken against transgressors for the credibility of the institution.
3.4 SAQA was requested to expand the NQF so that Southern African Democratic Countries (SADC)
can also register their qualifications on the system.
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3.5 It emerged that there were two cases of fraud reported by SAQA in the year under review although
there were no material losses indicated.
3.6 The Committee was extremely concerned with the under-spending of R14 million although there
were vacant posts. SAQA was requested to urgently fill the remaining vacant posts before the end of
the year and recruit people with disabilities in the process.
3.7 The Committee commended SAQA for the establishment of the RPL Task Team which would
report to the Minister on its work to improve the RPL.
b) CHE
3.8 The CHE was commended for receiving an unqualified audit opinion. However, it was requested to
address the issues raised by the AG in its financial performance.
3.9 It emerged that the Institutional Audit Report of the University of KwaZulu-Natal (UKZN) was
withdrawn due to interference by the Chairperson of the Audit Committee in the audit process. The
Committee requested that the UKZN be the first institution to be audited in the second cycle in 2012.
3.10 The CHE was requested to provide advice to the Minister on how to improve the curriculum of
the previously disadvantaged institutions to attract and retain competent lecturers.
3.11 The Committee was concerned that the CHE spent a lot of money on publication of a report that
was later withdrawn.
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3.12 It was noted that the CHE should obtain the data of Private Higher Education Institutions as they
were also part of the post school education system.
3.13 The Committee was concerned that students had to pay an application fee for submitting their
application forms to the Central Applications Office (CAO) although most students from rural areas
were poor.
4. Conclusion
The Annual Financial Performance for 2010/11 of SAQA reflected good financial management
accompanied by compliance to regulations of the Public Finance Management Act (PFMA) although
that does mean effective service delivery. Good leadership, governance and strong internal audit and
risk committees were partly responsible for SAQA’s 14th unqualified audit opinion. Funding remained
a serious challenge of the institution in expanding its mandate and visibility to remote areas.
With regard to the CHE, the Council continued with its core function of providing advice to the
Minister on key issues in higher education and training. However, the irregular and wasteful
expenditure noted by the AG was attributed mainly to the inability of the previous external private
audit firms who could not interpret procurement policies of a public entity correctly.
5. Recommendations
The following recommendations were made:

SAQA should increase its awareness on illegal colleges.

The outstanding vacant funded posts at SAQA should be filled before the end of the year.

SAQA should prioritise the recruitment of people with disabilities.
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
PAGE: 233 of 447
A standard NQF for the SADC region should be established. The CHE should address the
issues raised by the AG in its financial performance.
Report to be considered
MONDAY, 5 DECEMBER 2011
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1.
Assent by President in respect of Bills
(1)
Science and Technology Laws Amendment Bill [B 5B – 2011] – Act No 16 of 2011
(assented to and signed by President on 2 December 2011).
(2)
Protection from Harassment Bill [B 1B – 2010] – Act No 17 of 2011 (assented to and
signed by President on 2 December 2011).
(3)
Military Veterans Bill [B 1B – 2011] – Act No 18 of 2011 (assented to and signed by
President on 2 December 2011).
2.
Draft Bills submitted in terms of Joint Rule 159
14 FEBRUARY 2012
(1)
PAGE: 234 of 447
Defence Amendment Bill, submitted by the Minister of Defence and Military Veterans.
Referred to the Portfolio Committee on Defence and Military Veterans and the Select
Committee on Security and Constitutional Development.
National Assembly
The Speaker
1.
Introduction of Bill
(1)
The Minister of Defence and Military Veterans
(a)
Defence Amendment Bill [B 26 – 2011] (National Assembly – proposed sec 75)
[Explanatory summary of Bill and prior notice of its introduction published in
Government Gazette No 34727 of 2 November 2011.]
Introduction and referral to the Portfolio Committee on Defence and Military
Veterans of the National Assembly, as well as referral to the Joint Tagging
Mechanism (JTM) for classification in terms of Joint Rule 160.
In terms of Joint Rule 154 written views on the classification of the Bill may be
submitted to the JTM within three parliamentary working days.
TABLINGS
14 FEBRUARY 2012
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National Assembly and National Council of Provinces
1.
The Minister of Justice and Constitutional Development
(a)
Proclamation No R.58 published in Government Gazette No 34677 dated 12 October 2011:
Referral of matters to existing special investigating unit and special tribunal: Kopanong
Local Municipality, in terms of the Special Investigating Units and Special Tribunals, 1996
(Act No 74 of 1996).
(b)
Proclamation No R.59 published in Government Gazette No 34713 dated 28 October 2011:
Commencement of section 1 of the Criminal Procedure Amendment Act, 2008 (Act No 65
of 2008): Highveld Ridge.
National Assembly
1.
The Speaker
(a)
South African Human Rights Commission: 7th Report on Economic and Social Rights –
Millennium Development Goals and the Progressive Realisation of Economic and Social
Rights in South Africa (2006-2009), tabled in accordance with section 184 of the
Constitution, 1996.
Referred to the Portfolio Committee on Agriculture, Forestry and Fisheries, Portfolio
Committee on Basic Education, Portfolio Committee on Water and Environmental
Affairs, Portfolio Committee on Human Settlements, Portfolio Committee on Energy,
Portfolio Committee on Mineral Resources, Portfolio Committee on Cooperative
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Governance and Traditional Affairs, Portfolio Committee on Rural Development and
Land Reform, Portfolio Committee on Health and Portfolio Committee on Social
Development for consideration.
TUESDAY, 6 DECEMBER 2011
TABLINGS
National Assembly and National Council of Provinces
1.
The Minister of Water and Environmental Affairs
(a)
Report and Financial Statements of Rand Water 2010-2011, including the Report of the
Independent Auditors on the Financial Statements and Performance Information for 20102011.
(b)
Report and Financial Statements of Overberg Water for 2010-2011, including the Report of
the Independent Auditors on the Financial Statements and Performance Information for
2010-2011.
(c)
Report and Financial Statements of Amatola Water for 2010-2011, including the Report of
the Independent Auditors on the Financial Statements and Performance Information for
2010-2011.
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(d)
PAGE: 237 of 447
Report and Financial Statements of Umgeni Water for 2010-2011, including the Report of
the Auditor-General on the Financial Statements and Performance Information for 20102011.
(e)
Report and Financial Statements of Pelladrift Water Board for 2010-2011, including the
Report of the Independent Auditors on the Financial Statements and Performance
Information for 2010-2011.
National Assembly
1.
The Speaker
(a)
Report of the Public Service Commission (PSC) on the Trend Analysis on Complaints
Lodged with the Public Service Commission: 2005/2006 – 2009/2010 Financial Years –
March 2011 [RP 65-2011].
COMMITTEE REPORTS
National Assembly
1. Report of the Portfolio Committee on Police on the Annual Report 2010/11 of the Civilian
Secretariat for Police, dated 30 November 2011.
The Portfolio Committee on Police reports as follows:
1.
INTRODUCTION
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The Secretariat derives its mandate from section 208 of the Constitution, (Act 106 of 1996) which
states that a civilian secretariat for the police must be established by national legislation to function
under the direction of the Cabinet member responsible for policing. In terms of the Civilian Secretariat
for Police Service Act No. 2 of 2011 the Secretariat will become a designated department, with the
Secretary of Police as the Accounting Officer. In respect of the 2010/11 financial year, however, the
Secretariat was still functioning as a cost centre under the Administration Programme (Programme 1)
of SAPS.
2.
STRATEGIC OBJECTIVES 2010/11
The following key objectives were identified by the Secretariat for 2010/11:

To provide quality, timeous evidence based strategic research and policy advice to the Minister
of Police.
3.

To play an activist and interventionist role with regard to civilian oversight of the police.

To develop and contribute to the global view on police practices and methodologies.

To develop and build strategic partnerships.

To strengthen dialogue and relationships on safety and crime prevention.

To initiate policy driven legislation on policing and security matters.

To perform any other functions as may be determined by the Minister of Police.
PROGRAMMES AND ACTIVITIES FOR 2010/11
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The following were some of the key activities of the Secretariat for 2010/11. It should be noted that the
2010/11 Annual Plan of the Secretariat did not contain well-defined targets and indicators for
measuring performance, however in the reporting of the Secretariat on performance as contained in the
2010/11 Annual Plan of the SAPS, an attempt was made to address some of the reported shortcomings.
3.1.
Office of the Secretary
Selective key deliverables and achievements during 2010/11 included:
3.1.1 Achievements

Development and finalisation of the Civilian Secretariat Act.

The organisational structure was finalised by the Department of Public Service and
Administration on 31 March 2011.

Monthly expenditure reports for units were implemented from 1 January 2011.

A total of 25 proactive and reactive reports were submitted to the Minister.

Meetings were held with provinces to ensure alignment of provinces with national positions.

Two of the three Bills were prepared and submitted to Parliament. These were the Civilian
Secretariat for Police Service Bill and the Independent Complaints Directorate Bill.

A task team was established to address the implementation of the new Acts and the terms of
reference for the proposed ICD and Secretariat Forum.

Three special projects were completed including the Central Firearms Register assessment, the
Forensic Science study of international best practice and the Firearm Amnesty Report.

A communication plan on the release of the crime statistics has been developed.
3.1.2
Challenges
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
Under spending of the budget of 10%.

The Private Security Industry Regulatory Authority (PSIRA) Bill was not submitted and will
now be managed by PSIRA

Neither the Firearms Control Act (FCA) regulations nor the Private Security training
regulations were promulgated. The FCA regulations were drafted and the PSIRA summary of
comments on the training regulations has been submitted to PSIRA for finalisation.
3.2
Chief Directorate: Policy and Research
Selective key deliverables and achievements during 2010/11 included:
3.2.1 Achievements

Draft policy on the Metro Police was submitted to the Minister.

Draft policy on PSIRA was submitted to the Minister and to PSIRA.

A policy on Community Safety Forums was submitted to the JCPS cluster and an
implementation plan developed.

The findings of the Sector Policing report have been incorporated into the White Paper.

Terms of reference for the Victim Survey were developed and work was undertaken with
STATS-SA to develop a questionnaire to be used in the Survey.

A resources centre has been established.

Functional research reference groups have been established and three of the four scheduled
meetings were held.
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Partnership projects and reports with SAPS included: Reservist policy (incomplete);
Implementation of Child Justice Act and development of National instructions; DPCI draft
policy developed and is now being adapted to deal with the Glennister Judgement;
establishment of joint working teams to work on the White Paper; and Crime statistics review
process.

Partnership projects with other organisations included: cash in transit best practice; metro
police single service policy; pilot assessment of Community Safety Forum, best international
practice on recruitment; and review of policing boundaries.
3.2.2 Challenges

Postponement of the State of Policing report in order to accommodate the White Paper review.

The research document on Resource Allocation was delayed due to lack of access to the SAPS
performance chart.
3.3
Chief Directorate: Monitoring and Evaluation
The Directorate only became fully functional in January 2011 due to initial non-performance by the
Chief Director of the Directorate, who was subsequently replaced. Selective key deliverables and
achievements during 2010/11 included:
3.3.1 Achievements

A national monitoring tool was developed and piloted at 19 police stations.
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
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Monitoring of the implementation of ICD recommendations by the police only began in
January 2011. A joint task team to this effect has been established.

224 complaints were dealt with by the Secretariat. A Monitoring and Evaluation reference
group was established to serve in an advisory capacity. Terms of reference are still being
established. A separate reference group to focus on the monitoring of the Domestic Violence
Act as well as implementation of the Child Justice and Sexual Offences Acts was also
established.
3.3.2 Challenges

The database to support this tool was not developed.

Monitoring of performance of the police against the performance chart has been hampered by
lack of access to the performance chart.
3.4
Chief Directorate: Partnerships
Selective key deliverables and achievements during 2010/11 included:
3.4.1 Achievements

Six community outreach programmes were established.

A partnership forum was established with provincial structures.
3.4.2 Challenges
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
PAGE: 243 of 447
Only one of four targeted memoranda of understanding were finalised- with Business Against
Crime SA (BACSA).
3.5
Chief Directorate: Support Services
Selective key deliverables and achievements during 2010/11 included:
3.5.1 Achievements

In close co-operation with the Department of Public Service and Administration (DPSA) an
internal task team was established managing the restructuring process in preparation for the
Secretariat becoming a designated department in terms of the Civilian Secretariat for Police
Act No.2 of 2011.

The work-study for the proposed structure was to have been submitted to the Minister for
approval in June 2011 after which the filling of key posts was to commence. The Minister has
approved this and the Minister of DPSA is waiting for a sign off and the Secretariat intends
appointing from January 2012

More than 50 new posts were created and existing staff were placed in appropriate posts. The
appointment of staff in the HR sub-component has had a positive impact on service delivery in
this environment.

A performance management system with career-pathing and pay progression was put in place
with the assistance of a consultant.

The Secretary for Police post was filled on 01 July 2010 on a five year contract.

Critical Senior Management posts were created and filled from 01 January 2010.

All vacant posts, except for one administrative post, were filled.
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
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The Employee Wellness, Equity, Bursary, Internship, Performance Management, and Reward
and Incentives policies were developed.

The Workplace Skills Plan for the 2010/11 financial year and quarterly reports were submitted
to PESETA.

A report on all Performance Agreements for SMS members was submitted to the Department
of Public Service and Administration.

A report was submitted to the Public Service Commission regarding formal disputes for
2010/11.
In its presentation the Civilian Secretariat for Police highlighted the following:

To ensure adequate capacity for the Secretariat pending the approved organizational structure by
the Minister and the Department of Public Service and Administration (DPSA), permission was
obtained from the Minister to create 11 new posts.

The new structure is expected to have 53-110 posts, the structure will be in place for 18 months
and then review.

Re-organisation of the Secretariat – the implementation plan and the organisational structure has
been approved by the Minister.

Providing leadership and direction – a five-year Strategic Plan and Annual Performance Plan have
been developed and submitted to the Committee. Workshops were held with all senior
management staff regarding performance agreements.

Relationship with ICD – A Task Team was established between the Secretariat and the
Independent Complaints Directorate (ICD) to address the implications of the new Acts and the
terms of reference of this forum.
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
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The Civilian Secretariat Bill would become an Act in December 2011 and the Regulations would
be ready in February 2012.

The Secretariat and the ICD had set up a task team that would identify the weaknesses in SAPS in
implementing ICD recommendations.

The policy on reservists had been finalized and forwarded to the Minister.

The policy on Community Safety Forums has been approved by the JCPS Cluster and would be
rolled out by the end of the year.

Four meetings were held and briefings conducted with all Heads of Division (HOD) and provinces
on Civilian Secretariat and ICD legislation

Four special meetings were held with provinces and preliminary sector indicators were developed
and submitted to Treasury

Four special meetings were held to align structures at provincial level with the Civilian Secretariat
for Police. Provincial base structure was drafted for finalization with MECs.

Provincial forums will be established once all provinces have Secretariats
3.6
FINANCIAL PERFORMANCE
Budget item
Budget
Actual
Actual
presented to
Budget
Expenditure
Portfolio
received
Committee
from SAPS
February
2010
Over/Under spend
14 FEBRUARY 2012
Operational
R8 066 490
PAGE: 246 of 447
R11 281 000
R6 982 000
Budget
Personnel
R4 299 000
R13 250 000
R14 000 000
R15 824 000
Budget
Total
Under expenditure of
Over expenditure of
R1 824 000 (13%)
R21 327 490
R25 281 000
R22 806 000
R2, 475 000 (10%)
(90%)
Monthly financial reports were submitted to Senior Management Meetings. Past gross underexpenditure was substantially reduced. Public Finance Management Act (PFMA) compliance was
ensured. Cost cutting measures were also introduced particularly regarding travel and catering.
Compliance with supply chain policies has been improved and PFMA compliance adhered to.
Under-spending in 2010/11 (20.16%) was lower compared to 2009/10 (22.71%).
The reasons for the under spending of R4,299 million:

R1 million was set aside for National Victim Survey. However, this survey was undertaken by
STATS-SA as agreed by the JCPS Cluster.

R3 million was initially budgeted for the implementation of the Monitoring and Evaluation
data base, however after consultation with SITA it was agreed that SITA would develop the
database in-house and not put this database on tender. The costs to SITA for development of
the database is now included in the 2011/12 and 2012/13 financial years.

The under spending (less the above two items) was R299 000 (which was 3% of the operational
budget and 1,2% of the total budget).
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The reasons for the overspend in personnel of R1,824 million:

This overspending was as a result of posts that were filled in addition to the fixed establishment
during the year.
4.
ISSUES RAISED BY THE PORTFOLIO COMMITTEE ON POLICE
Issues and concerns discussed at the hearing with the Civilian Secretariat included:
Reporting issues:

The SAPS Annual Report 2010/11 was not sufficiently clear on the work of the Secretariat.

The Secretariat’s presentation was not clear on the targets that it had achieved during the
2010/11 financial year.

If clear targets are not set, this will have an impact on the work of the Secretariat and
monitoring by the Committee.
Performance issues:

The Committee was not pleased about the speed at which it receives bills. Timeframes
provided by the Secretariat for the submission of Bills to the Committee have not been adhered
to.
Financial issues:
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
PAGE: 248 of 447
A major shortcoming in the SAPS 2010/11 Annual Report is the lack of reporting on financial
performance of the Secretariat.

The Committee was concerned about the under-spending for 2010/11.
Budget allocation and financial control:

No indication was given in the SAPS 2010/11 Annual Report of the amount allocated to the
Secretariat. The Secretariat mentioned that its final adjusted allocation was R25 million. It had
spent R22.806 million or 91.2% of this amount.

The Committee felt that the fact that the Secretariat was not managing its own budget made it
unable to take decisions and that had an impact on service delivery.
5.
RECOMMENDATIONS
The following key recommendations were made:
Reporting:

Future SAPS annual reports (at least until the Secretariat becomes a designated department)
must provide clear information and details of the extent to which the performance targets for
the Secretariat were met during the year.

The annual reports should also clearly stipulate the budget and expenditure of the Secretariat,
as well as more detailed information on financial performance.
Performance:
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
PAGE: 249 of 447
The Secretariat must ensure that the deadlines that it provides to the Committee for submission
of Bills are realistic and attainable, and based on a proper planning process.
In addition, the Committee would follow up with SAPS on the R8.7 million that the SAPS said were
paid to members of the Secretariat for performance bonuses during 2010/11which does not correlate
with the information provided by the Secretariat.
6.
CONCLUSION
The Committee supports the work the Secretariat and expects a detailed report on the activities of the
Secretariat on the 2011/12 annual report including financial information.
Report to be considered.
WEDNESDAY, 7 DECEMBER 2011
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1.
Assent by President in respect of Bill
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(1)
PAGE: 250 of 447
Division of Revenue Amendment Bill [B 17 – 2011] – Act No 20 of 2011 (assented to
and signed by President on 5 December 2011).
2.
Bills passed by Houses – to be submitted to President for assent
(1) Bills passed by National Council of Provinces on 7 December 2011:
(a) Intellectual Property Laws Amendment Bill [B 8B – 2010] (National Assembly –
sec 75).
(b) Tax Administration Bill [B 11B – 2011] (National Assembly – sec 75).
(c) Skills Development Amendment Bill [B 16B – 2011 (Reprint)] (National Assembly
– sec 75).
National Assembly
The Speaker
1.
Message from National Council of Provinces to National Assembly in respect of Bills
passed by Council and returned to Assembly
(1)
Bill amended by Council and returned for concurrence on 7 December 2011:
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(a)
PAGE: 251 of 447
Further Education and Training Colleges Amendment Bill [B 13D – 2011]
(National Assembly – sec 76(1)).
The Bill has been referred to the Portfolio Committee on Higher Education and
Training of the National Assembly.
(2)
Bill, subject to proposed amendments, passed by Council on 7 December 2011 and
returned for consideration of Council’s proposed amendments:
(a)
Military Ombud Bill [B 9B – 2011] (National Assembly – sec 75) (for proposed
amendments, see Announcements, Tablings and Committee Reports, 24 November
2011, p 5183).
The Bill has been referred to the Portfolio Committee on Defence and Military
Veterans of the National Assembly.
COMMITTEE REPORTS
National Assembly
1. Report of the Portfolio Committee on Police on its oversight visit to Mpumalanga Province
police stations from 26 – 29 January 2010, dated 30 November 2011.
The Portfolio Committee on Police having conducted an oversight visit to the Witbank, Nelspruit,
Mayflower and Bethel police stations from 26-29 January 2010, reports as follows:
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1. INTRODUCTION
Due to the fact that the laptop of the Committee Secretary was stolen, the report is not
compiled from the original notes but from the Committee’s memory.
The Portfolio Committee on Police undertook an oversight visit to four police stations in
Mpumalanga Province to assess the implementation of national legislation, assess the
resourcing of police stations and how these resources were managed. Other interests to the
Committee included Community Police Forums, priority crimes, and compliance with and
implementation of the Domestic Violence Act
2. DELEGATION
The delegation consisted of:
Ms LS Chikunga (ANC)- Chairperson and leader of the delegation
Ms MC Dube (ANC)
Mr G Lekgetho (ANC)
Ms MA Molebatsi (ANC)
Ms A Van Wyk (ANC)
Ms D Kohler Barnard (DA)
Ms D Schafer (DA)
Mr M George (Cope)
Mr J Michaels (Committee Secretary)
Mr M Mpisi (Researcher)
The delegation was accompanied by the Parliamentary Liaison Officer to the Secretariat, Mr S
Mahote, the Provincial Commissioner, Ms Ntobela and representatives from her office, and a
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representative from the Independent Complaints Directorate (ICD). The delegation met with the
management team at each of the police stations.
3. OVERSIGHT ACTIVITIES
The Committee interacted with the management team of the police station, the Community and
the Union for a detailed discussion on its findings after visiting each station. During the police
station visit, the Committee utilised the Station Monitoring Tool to gather information on sector
policing, implementation of policies, public complaints against police and the conditions of the
Community Service Centre; including the holding cells, capacity of detectives, human and
physical resources, and implementation of prioritised legislation, including the Domestic
Violence Act No. 116 of 1998, the Firearms Control Act, No. 60 of 2000, and the Child Justice
Act, No. 75 of 2008.
4. WITBANK POLICE STATION
The Witbank Police Station serves an estimated population of 199 442 people residing within a
14 square kilometres policing area. The police station was reported as dealing with the highest
crime rate in the Province, with the most prevalent crime reported between April 2008 and
March 2009, including theft general (2161); burglary residential (1690) and theft out of or from
motor vehicles (870). During the same period there was an increase in the following crime:
murder, attempted murder, sexual assault, assault common, robbery common and robbery
aggravated.
4.1 Key Observations
Committee briefing by Management:
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When briefing the Committee, the newly appointed police station Commander reported that it
was faced with a challenge of high incidence of house burglaries at the time of his
appointment. Close co-operation between the community and the police contributed to a
remarkable decline in house burglary and assisted in restoring the community’s confidence in
the Station Commander.
Community Service Centre (CSC):
Committee members noted that the Community Service Centre (CSC) was too small to
provide the required services to the Witbank Community. There were nine complaints lodged
against the police, of which five were referred to the Independent Complaints Directorate
(ICD). Members expressed their concern regarding the Domestic Violence Register that was
incomplete. The CSC was manned by unsupervised student constables. This was a cause for
concern.
Holding Cells:
In December 2009 five suspects escaped from the Witbank Police Station holding cells. The
Police Officer on duty on the night of the escape was subsequently arrested and charged with
aiding the escape.
The nine cells at the station were well maintained and the holding capacity of these cells was
150 detainees. There were 45 detainees in detention at the time of the visit. The Committee
noted with concern the detention of a juvenile held at the police station since October 2009
and sharing a cell with adults. A further concern was expressed about a person suffering from
tuberculosis (TB) and sharing a cell with other detainees. Members stated that this individual
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posed a serious health risk to those with whom he was forced to share a cell. The Committee
was told that suspected criminals were held in these cells for prolonged periods due to
overcrowding at Correctional Services facilities. Suspects were remanded into custody by the
courts to be detained at the police station.
Section 13 Stores:
The Committee acknowledged that the stores were neat and exhibits properly labelled. The
station had separate registers for firearms and general exhibits. While these exhibits were
stored separately, it was in the same stores. This was noted as a concern to members.
Vehicles:
The station management reported that the 46 vehicles at the station were insufficient and that
an additional 23 vehicles were required. Vehicles were suitable for the terrain that required
policing, but South African Police Service (SAPS) members were often forced to share
vehicles. Three detectives were forced to share one vehicle due to the shortage of vehicles.
Eight vehicles were at the government garage for repairs and 13 vehicles had been deregistered
in the previous financial year.
Human Resources:
The Resource Establishment Plan (REP) prescribes that the human resources allocation to the
station should be 275 members. However, the actual staff complement was 269 members and
67 reservists. Seventeen disciplinary procedures were instituted against members over the past
year; two of those members were found guilty of misconduct and subsequently dismissed. A
Committee comprising management and staff was established to ascertain the training needs of
SAPS members at the station.
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Detectives:
The Detective unit comprises 64 members. A total of 4166 cases were under investigation and
80 case dockets were assigned to each detective. Two case dockets have gone missing over the
past year. However, members were issued with lockup filling cabinets to prevent this from
happening again. Three Detectives had to share one vehicle, and the unit requires an additional
six vehicles. A majority of detectives were not fully trained.
Community Police Forum (CPF):
Representatives from the CPF reported that there was a good relationship between the CPF and
the station since the appointment of the new station management. Regular meetings were held
between the station management and the CPF. However, training for CPF members and a lack
of funding for the CPF were identified as challenges.
Positive observations
The Committee expressed confidence to the newly appointed Station Commander.
4.2 Concerns and Recommendations
Committee members expressed concerns around the following:

The number of firearms that had been reported missing at the station since 1994 and the
high number of unresolved cases in this regard
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
PAGE: 257 of 447
A shortage of equipment required by SAPS members in the execution of their duties,
for example handcuffs, torches, hand radios, first-aid kits for vehicles etc. The shortage
of bullet-proof vests was of particular concern to members

The shortage of vehicles

The low detection and conviction rates. Members indicated that the lack of detective
training and mentorship could have contributed to the low conviction rate.

The inadequate safekeeping of case dockets.
The Committee recommends as follows:

Measures should be taken to ensure that the Domestic Violence Register is kept up to
date and signed off by a senior manager at the station.

The lack of equipment, including bullet proof vests and vehicles, should be addressed
as a matter of urgency.

The problem at the Section 13 stores with regards to the safekeeping of firearms should
be addressed as a matter of urgency.

Better methods of dealing with lost firearms should be put in place. The SAPS legal
division should be approached for advice.

Detective training should be prioritised and a mentorship programme should be
implemented.
5. NELSPRUIT POLICE STATION
Nelspruit Police Station serves an estimated population of 300 000 people. The most prevalent
crime reported at the station between April 2008 and March 2009 included theft general
(decreased from 1820 to 1568); burglary residential (increase from 104 to 1104), theft out of or
from motor vehicles (decreased from 713 to 710) and commercial crime (increased from 445 to
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604). During the same period there was also an increase in the following crimes: murder,
attempted murder, sexual assault and assault common.
5.1 Key Observations
Management:
The Station Commissioner, who was at the Senior Superintendent rank, had been acting in this
position for a while. The station management team was reported to meet once a month.
Community Service Centre (CSC):
At the time of the visit the Community Service Centre was extremely congested with people
waiting to be served. While it appeared that there was a sufficient number of staff on duty,
community members had to wait long before being served. Members noted that it may be due
to poor management of the CSC. There was no Complaints Register at the SCS, resulting in no
records being kept of complaints against SAPS members. The victim support centre, adjacent
to the SCS, was well resourced, and a volunteer from the community was on duty to assist
victims. The Domestic Violence Act Register was kept up to date, regularly checked and
signed by the CSC Commander. An average of three incidents of Domestic Violence a week
was reported at the station between January and December 2009. Five CSC members have
completed the new five-day specialised Domestic Violence Act training course. Police were
certifying documents without checking the originals.
Holding Cells:
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There are 11 cells at the station with a holding capacity of 185 people. A number of these cells
have been out of order since October 2009 and this has caused overcrowding in functional
cells. The 103 adult detainees held at the time were forced to share the overcrowded cells with
25 juveniles. The Committee expressed their concern about this situation and stated that two
suspects found in one of the cells still had their shoe-laces. This was a clear indication that
regular inspections were not conducted by the officers on cell duty. Committee members
requested that this matter be addressed immediately. The kitchen used for making food for
detainees was unable to provide the required number of meals. The blocked drains posed a
serious health risk to detainees and staff in the cells. The poor management of holding cells
could potentially cause further problems for the station should there be a dramatic increase in
the number of suspects that had to detained at the station. The Committee found a number of
juveniles kept in the cells without J8 forms. Cells were flooded.
Section 13 Stores:
The Committee noted that the Section 13 store was not ideally located at the station. There
were no filing or labelling systems to record exhibits. Members stated that this was
unacceptable, since it was almost impossible to identify which exhibits should be presented as
evidence during court proceedings. The station and provincial management were requested to
attend to this matter immediately.
Vehicles:
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There were 25 vehicles at the station and 30 additional vehicles were required. Five members
had to share one vehicle. Six vehicles had been deregistered in the previous financial year and
three were at the government garage for repairs. One vehicle was allocated to four detectives.
Between Monday and Friday, five vehicles per shift were used to respond to calls for
assistance from the community.
Human Resources:
The staff complement at the station was 258 and 40 positions remained vacant at the time of
the visit. An average number of 26 members was on sick leave per day between January and
December 2009. Five disciplinary and grievance procedures were lodged and resolved during
the same period. All newly appointed SAPS members were attached to a mentor.
Detectives:
The information provided during the meeting with the station management was contradictory to
that which was in the completed Station Monitoring Tool. This was noted as a serious concern
to members. There was no identification- parade room at the station. The Detective unit
comprised 42 members and an additional 16 detectives were required at the station. Twenty
detectives had undergone the required detective training, 12 members completed the basic
detective training course and 8 members had never been trained. The conviction rates of the
three most prevalent crimes reported during the previous year were: murder (1 %), rape (49%)
and house burglary (35%). Five dockets were reported lost in the past year.
Organised crime unit:
Seventy-five bags, each containing 1 000 Mandrax tablets with an estimated street value of
R3.75 million that had been confiscated by the police and stored at the Nelspruit organised
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crime unit, had gone missing from the store- room in July 2009. The Organised Crime Unit
members were subsequently moved to another police station, since no evidence of forced entry
to the room could be found. Two members of the unit were internally disciplined and another
was found guilty and convicted on a charge of possession of stolen goods. Members of the
Organised Crime Unit at the station were replaced by members from other stations in the
province.
Detective Unit members from Nelspruit Police Station (in an unrelated case) were among seven
police officers arrested in Mpumalanga on charges of corruption, which included “demanding
kick-backs from towing companies”.
5.2 Concerns and Recommendations
Committee members expressed concern about following:

A lack of proper management at all levels at the police station

A filing and labelling system for the section 13 store was non-existent

Holding cells were in an unacceptable condition

Juveniles were detained at the station with adults without necessary documents.

The vacancy rate and the average amount of sick leave taken by SAPS members were
alarmingly high

A shortage of vehicles
The Committee recommends that:

the appointment of a station commissioner has to be expedited;

conditions in holding cells has to be urgently addressed;
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
PAGE: 262 of 447
vacancies at the station have to be filled and a control mechanism has to be
implemented to attend to the high number of sick leave days taken by members; and

the shortage of vehicles has to be addressed urgently.
6. MAYFLOWER POLICE STATION
The station was situated in a residential house without basic services. The provision of running
water was inconsistent and the station kept water in the bath-tub. The Committee had a meeting
with the CPF which raised serious issues regarding the police involvement in cattle-theft. The
CPF mentioned that the community had been harassed by a gang that was known to police, but
nothing was done.
The most prevalent crime reported at the station between April 2008 and March 2009 included
burglary residential (increase from 146 to 181), stock theft (decreased from 20 to 26) and drugrelated crime (increased from 445 to 604). During the same period there was also an increase in
the following crimes: murder, attempted murder, sexual assault and assault common.
6.1 Key Observations
Management:
The station management team was reported to meet once a week.
management at the station.
Community Service Centre (CSC):
There was lack of
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Committee members noted that the there were no road-signs in the area leading to the police
station. The station had no running water and telephones were out of order. The Domestic
Violence Act Register was not available and a note-book with incorrect records was used. The
last incident recorded was in 2007. The CSC had no complaints register. Committee members
found that female SAPS members were excluded from some of the shifts. The SAPS firearm
room key was kept by a trainee. The firearm register was not properly kept.
Holding Cells:
The police station had no holding cells and all detainees had to be transported to Elukwatini
police station, 50 kilometres from Mayflower.
Section 13 Store:
The Section 13 store was in a terrible state and had a leaking roof. There was a filing system,
but exhibits were not properly labelled. Unlabelled drugs (dagga) were found in the store.
Firearms Store:
There was no register or key control mechanism in place to prevent unauthorised access to
SAPS-issued firearms.
Vehicles:
The station management reported that there was a shortage of vehicles and that the six vehicles
at the station were insufficient to serve the Mayflower community.
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Detectives:
The Detective Unit comprised eight members, with only one Detective having completed the
required detective training programme. There was only one vehicle allocated to the unit, and
the shortage of vehicles was given as the reason for some court cases being thrown out of court.
There was no division of work amongst members, and no filing and safe-keeping facilities for
case dockets. Four out of eight student constables had had no detective training.
Stock Theft:
Ninety-five stock theft cases were reported between January and December 2009. One hundred
and fifty livestock were stolen, of which 126 cattle, goats and horses were recovered,
representing 26 cases. Two cases were finalised and 45 people were arrested. Community
members alleged that there was police involvement in stock-theft cases, that unclaimed
livestock were stolen by SAPS members, and that SAPS members did not investigate some
cases. The Community also raised a concern that they were charged when returning livestock
6.2 Concerns and Recommendations
Committee members expressed concern about the following:

Poor management at all levels of the police station

The lack of basic infrastructure at the police station

The poor state of the section 13 store

No firearm control mechanism

Allegations of police involvement in stock theft

The shortage of vehicles
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The Committee recommends that:

a senior manager from the Provincial Commissioner’s office be appointed immediately
as acting station commissioner; and

a progress report should be submitted to the Committee every 30 days, for three
months, on remedial action taken.
7. BETHAL POLICE STATION (UNANNOUNCED)
Bethal Police Station serves an estimated population of 101 919 people. The most prevalent
crime reported at the station between April 2008 and March 2009 included burglary at business
premises (increased from 96 to 134); drug-related crime (increase from 12 to 23) and theft out
of or from motor vehicles (increased from 80 to 122). During the same period there was also an
increase in the following crimes: sexual assault, robbery with aggravating circumstances and
assault common.
7.1 Key Observations
Community Service Centre (CSC):
There was a shortage of operational equipment like bulletproof vests, torches, handcuffs, etc.
The firearms’ safe was situated in an inappropriate place which compromised the safe-keeping
of firearms.
Holding Cells:
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The seven holding cells at the station have a holding capacity of 70 people. The toilets and
ablution facilities in the cells had been out of order for more than two years, and detainees
were given buckets. It was reported that the cells had been under construction for the past
three years. Detainees were not allowed to receive any visitations by family members or
relatives. Committee members stated that this was unacceptable, since detainees had a right to
receive visitors.
Vehicles:
There was a shortage of vehicles at the station, and the vehicles that SAPS members had to use
were unsuitable to serve the farming and rural communities.
Detectives:
There is no identification-parade room at the station and a lack of private interview rooms. The
caseload per detective averaged 25 dockets, and three detectives had to utilize one vehicle.
Information on conviction rates could not be provided. There was a high number of incomplete
records on reported cases. A high number of stock- theft cases was opened, but there was no
clear strategy on how to reduce this type of criminal activity.
7.2 Concerns and Recommendations
Committee members expressed concern about the following:

The shortage of appropriate vehicles

Detainees not being allowed to receive visitors
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
The safe-keeping of firearms

Ablution facilities not working for two years

Lack of strategic leadership on how to reduce the incidence of stock theft in the area.
The Committee recommends that:

the shortage of vehicles has to be addressed urgently;

information that was not available at the time of the visit, be forwarded to the
Committee; and

toilets be fixed immediately.
Report to be considered.
FRIDAY, 9 DECEMBER 2011
COMMITTEE REPORTS
National Assembly
CREDA INSERT - T111209e-insert1 – PAGES 5484 - 5509
TUESDAY, 13 DECEMBER 2011
ANNOUNCEMENTS
National Assembly
14 FEBRUARY 2012
PAGE: 268 of 447
The Speaker
1.
Membership of Committees
(1) The following members have been nominated by their parties to serve on the Ad Hoc
Committee on the filling of vacancies in the Commission for Gender Equality:
African National Congress
Bengu, Ms NR
Ramodibe, Mrs DM
Dlulane, Mrs BN
Mashigo, Ms RM
Snell, Mr GT
Smith, Mr VG
Sibanyoni, Mr JB
Democratic Alliance
Robinson, Mrs D
Duncan, Mrs PC
Congress of the People
Ndude, Mrs HN
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PAGE: 269 of 447
Inkatha Freedom Party
Zikalala, Ms CN
African Christian Democratic Party
Dudley, Mrs C
WEDNESDAY 14 DECEMBER 2011
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1.
Calling of Joint Sitting
CALLING OF JOINT SITTING OF THE NATIONAL ASSEMBLY AND THE
NATIONAL COUNCIL OF PROVINCES.
In terms of section 84(2)(d) of the Constitution of the Republic of South Africa, 1996, read with
Rule 7(1)(a) of the Joint Rules of Parliament, the President of the Republic of South Africa has
called a joint sitting of the National Assembly and the National Council of Provinces on
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Thursday, 9 February 2012 at 19:00, in order to deliver his State of the Nation Address to
Parliament.
2.
Draft Bills submitted in terms of Joint Rule 159
(1)
Sheriffs Amendment Bill, 2011, submitted by the Minister of Justice and Constitutional
Development.
Referred to the Portfolio Committee on Justice and Constitutional Development and the
Select Committee on Security and Constitutional Development.
3.
Assent by President in respect of Bills
(1)
Government Employees Pension Law Amendment Bill [B 15 – 2011] – Act No 19 of
2011 (assented to and signed by President on 12 December 2011).
(2) Higher Education Laws Amendment Bill [B 14B – 2011] – Act No 21 of 2011
(assented to and signed by President on 12 December 2011).
(3) Adjustments Appropriation Bill [B 18 – 2011] – Act No 23 of 2011 (assented to and
signed by President on 12 December 2011).
(4) Taxation Laws Second Amendment Bill [B 20 – 2011] – Act No 25 of 2011 (assented to
and signed by President on 12 December 2011).
14 FEBRUARY 2012
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National Assembly
The Speaker
1.
Membership of Committees
(1) Ms N R Bhengu has been elected as chairperson of the Ad Hoc Committee on the filling
of vacancies in the Commission for Gender Equality with effect from 14 December
2011.
TABLINGS
National Assembly and National Council of Provinces
1. The Presidency
(a)
2.
Revised Annual Performance Plan of the Presidency for 2011/12.
The Minister of Justice and Constitutional Development
(c)
Proclamation No R.62 published in Government Gazette No 34744 dated 10 November
2011: Commencement of section 1 of the Criminal Procedure Amendment Act, 2008 (Act
No 65 of 2008).
14 FEBRUARY 2012
(d)
PAGE: 272 of 447
Government Notice No R.941 published in Government Gazette No 34744 dated 10
November 2011: Designation of correctional facility in terms of section 159B (2) of the
Criminal Procedure Act, 1977 (Act No 51 of 1977).
MONDAY, 16 JANUARY 2012
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1.
Assent by President in respect of Bills
(1)
Taxation Laws Amendment Bill [B 19 – 2011] – Act No 24 of 2011 (assented to and
signed by President on 28 December 2011).
TABLINGS
National Assembly and National Council of Provinces
1.
The Speaker and the Chairperson
(a)
General Report on the National Audit Outcomes of the Auditor-General of South Africa
for 2010-11 [RP 256-2011].
14 FEBRUARY 2012
(b)
PAGE: 273 of 447
Consolidated General Report on the Provincial Audit Outcomes of the Auditor-General of
South Africa for 2010-11 [RP 260-2011].
2.
The Minister of Home Affairs
(a)
A list of approved early naturalisation applications for 2010 and 2011 in
terms of section
5(9) of the South African Citizenship Act, 1995 (Act No 88 of 1995).
3.
The Minister of Trade and Industry
(a)
Government Notice No 893 published in Government Gazette No 34845 dated 9 December
2011: For public comments in terms of the Broad- Based Black Economic Empowerment
amendment Bill, 2011.
(b)
Government Notice No 897 published in Government Gazette No 34810 dated 15
December 2011: Denel (Pty) Ltd: B-BBEE Facilitator Status in terms of the Companies
Act, 1973 (Act No 61 of 1973).
(c)
Government Notice No 1065 published in Government Gazette No 34871 dated 15
December 2011: Prohibition of the use of the national gambling logo in terms of the
Merchandise Marks Act, 1941 (Act No 17 of 1941).
4.
The Minister of Water and Environmental Affairs
14 FEBRUARY 2012
(a)
PAGE: 274 of 447
Report and Financial Statements of the Mhlathuze Water Board for 2010-11, including the
Report of the Independent Auditors on the Financial Statements and Performance
Information for 2010-11[RP 200-2011].
(b)
Report and Financial Statements of the Lepelle Northern Water Board for 2010-11,
including the Report of the Independent Auditors on the Financial Statements and
Performance Information for 2010-11.
(c)
Report and Financial Statements of the Magalies Water Board for 2010-11, including the
Report of the Auditor-General on the Financial Statements and Performance Information
for 2010-11.
(d)
Report and Financial Statements of the Bushbuckridge Water Board for 2010-11, including
the Report of the Independent Auditors on the Financial Statements and Performance
Information for 2010-11.
(e)
Report and Financial Statements of the Bloem Water Board for 2010-11, including the
Report of the Independent Auditors on the Financial Statements and Performance
Information for 2010-11.
(f)
Report and Financial Statements of the Sedibeng Water Board for 2010-11, including the
Report of the Independent Auditors on the Financial Statements and Performance
Information for 2010-11.
COMMITTEE REPORTS
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National Assembly
1. Report of the Portfolio Committee on Human Settlements on an oversight visit to Gauteng
from 1-6 August 2010, dated 26 January 2011
1.
Background
In terms of the Constitution of 1996 and parliamentary rules, the Portfolio Committee on Human
Settlements has a responsibility to conduct oversight over any executive organ of State that falls
within its portfolio. In line with this mandate, in its strategic plan, the Committee committed itself to
undertake provincial visits to oversee the project plans and programmes. The Committee also
undertakes to evaluate progress made and identify any challenges encountered in the implementation
processes. Furthermore, the Committee seeks to promote and enhance co-operative governance
principles in the human settlements delivery services. To fulfil its strategic plan, the Committee
conducted an oversight visit to Gauteng from 1-6 August 2010.
2.
Objectives of the visit
The objectives of the oversight visit were for the Committee to be briefed on the following issues and
to conduct site visits:

Implementation of a comprehensive, integrated human settlements strategy in the province;

To gauge performance in meeting service delivery targets set for 2009/10 and challenges
encountered and to ascertain whether value for money was achieved;

The role played by the public and private sectors in service delivery;

Plans, programmes and service delivery targets for 2009/10;
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
Progress report in support of the disaster-affected communities;

Blocked projects and plans to unblock them;

Progress and plans made on the rectification programme;

The number of informal settlements, the plan and the progress in upgrading such settlements,
including Community Residential Units (CRUs);

Progress in the implementation of the Farm-worker Assistance Programme;

The co-ordination and management of the Beneficiary List and the incorporation of backyard
dwellers in the provincial housing database; and

3.
Projects constructed with alternative technologies.
Multiparty delegation
The delegation consisted of Hon BN Dambuza (ANC), leader of the delegation; Hon MR Mdakane
(ANC); Hon TMA Gasebonwe (ANC); Hon JM Matshoba (ANC); Hon NA Mnisi (ANC) ; Hon V
Bam-Mugwanya (ANC); Hon AC Mashishi (ANC); Hon D Dlakude (ANC); Hon AM Figlan (DA);
Hon AC Steyn (DA); Hon T Botha (Cope) and Hon KP Sithole (IFP). The delegation was
accompanied by Mr L Jolobe and Ms M Pine from the National Department of Human Settlements.
Ms K Pasiya (Committee Secretary), Mr M Molo (Researcher) and Ms N Mnyovu (Committee
Assistant) from Parliament supported the delegation.
4.
Day 1 (1 August 2010)
4.1
Meeting at the provincial offices of Local Government and Housing
The delegation was welcomed by the Chairperson of the Standing Committee on Local Government
and Housing, Hon E Magerman.
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Hon Dambuza introduced the delegation and outlined the purpose of the visit as indicated in the
objectives above. She stated that during the 2010 State-of-the-Nation Address (SONA), the President
announced five key government priorities, that is, education, health, creation of decent jobs, rural
development and land reform, and, fighting crime, fraud and corruption. Later on, as a result of
protests and unrest in most townships and the establishment of Presidential hotline, it was revealed
that most of the protests were about housing matters. Thereafter, the Cabinet Lekgotla elevated
Human Settlements and Cooperative Governance and Traditional Affairs to the top seven priorities.
Sanitation was also transferred to the Department of Human Settlements, which also added on the
mandate of the department. The Minister of Human Settlements had announced that 40 000 houses
required demolishing and some required rectification. Therefore, it was vital for the Committee to get
a progress report in respect of rectification and the rebuilding of those houses.
Hon Dambuza indicated that during the State-of-the-Nation Address, the President emphasised that all
informal settlements should be upgraded. Hon Dambuza stressed the importance of compliance with
the Housing Act (No 107 of 1997) and other policies that regulate the delivery of houses. She further
noted challenges with regards to the slow registration of title deeds.
Mr K Lekgoro, the MEC for Local Government and Housing, indicated that the population of the
province was growing rapidly and the department may not reach the target set on housing delivery.
The policy that gave free houses to every citizen aged 18 years and above was not sustainable. The
housing backlog was increasing to 700 000. However, the Provincial Department only received a
budget that could provide for the building of 30 000 units per year. The conversion of hostels into
family housing units was also a costly exercise as hostel dwellers could not afford to pay rent. Most of
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the people who lived in hostels were elderly people who were solely dependent on social grants for a
living while others were unemployed. Most dwellers could not afford to pay R300 for rental. They
could only afford R70 towards rental.
The delays in service delivery and the protests were due to a lack of funding to deliver on a large
scale. The resources required in achieving large-scale delivery or the eradication of informal
settlements by 2010 was a challenge. It was anticipated that the province was not going to meet the
2014 targets of the Millennium Development Goals. The other challenge facing the department was
the naming of other projects as Presidential projects, whereas they were financed by the provincial
department. There was a need to review policy dealing with bulk infrastructure due to disjuncture in
the installation of bulk infrastructure and top structure, as most projects were delayed due to a lack of
bulk infrastructure.
Challenge that impact on housing delivery:

Domestic migration and continental immigration posed a huge impact on Housing delivery in
the province.

Equitable share not increasing.

In Diepsloot a national task team has been set up to deal with the issue of housing and land
has been purchased at R80 000

Ekurhuleni too dense and it is difficult to relocate people due to lack of temporal structures.

Entire Bekkarsdaal is sitting on dolomite therefore all those communities will have to be
relocated.
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
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260 00 units for people leaving in a formal 1999 year lease area has been transferred to
qualifying beneficiaries except those in areas of dispute, however dispute mechanism has been
set up.

4-5 shacks in Eldorado Park installed in one stand, specific intervention to renew Old
Township is required.

In Eden Park 800 beneficiaries have been legitimately approved however, houses are occupied
by illegal occupants.
Mr M Mnyani, the Head of Department (HOD), gave an overview of the provincial department. He
explained that the merger between the Department of Local Government and the Department of
Housing resulted in the creation of the Department of Local Government and Housing. This meant that
the delivery of essential services to advance the lives of ordinary people had to be mainstreamed and
ensured. This was crucial in that Gauteng is the smallest province with largest population, which
grows rapidly as a result of migration and natural growth.
The HOD presented the key programmes of the provincial department as follows:
1. Mixed development housing;
2. Alternative tenure;
3. Eradication of informal settlements; and
4. Urban renewal projects.
The province did not have any blocked projects. It was, however, faced with the challenge of some
projects failing to produce a closing report and other projects that lacked resources. In dealing with the
issuing of title deeds, the Department had appointed Servcon to verify beneficiaries who did not have
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title deeds and assist them in applying for title deeds. In Soweto, approximately 2 600 title deeds were
transferred to the beneficiaries of the old stock houses. Gauteng province did not have any backlogs
as far as sanitation was concerned. The department had eradicated the bucket system in all informal
settlements.
To address challenges emanating from the waiting list, the department introduced the Housing
Demand Database to correct the inefficiencies. Operation Ziveze was launched where applicants were
required to update their information so that it could be correctly captured in the new database. The roll
out plan of the database includes regionalisation of the customer services unit and the re-opening of
municipal satellite offices to bring services to the people. In 2010/11, the province acquired a total of
29 land portions at an estimated cost of R250.4 million.
With regard to the issue of informal settlements, the provincial department reported that the province
had 405 informal settlements according to the 2005 census registration and according to the growth
statistics in 2009, they had increased to 489. There were 122 informal settlements that were identified
and earmarked for formalisation. The remaining 268 settlements would be eradicated.
The delegation observed that there was a discrepancy in the numbers of informal settlements as was
reported. The delegation requested the province to provide the correct statistics on informal
settlements, indicating the number of informal settlements that were to be formalised, relocated and
eradicated.
The HOD reported that the housing backlog at the time of the oversight visit was 687 285. The actual
delivery summary for 2009/10 was 12 819 stands; 30 744 houses; 2 910 rental units, which comprised
a total of 46 473. The delivery targets for 2010/11 for stands, houses and units were 38 439. The
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department has embarked on the process of addressing the backlog of service delivery through a twophased incremental approach which is the:

formalisation of informal settlements through the provision of basic services; and

eradication of informal settlements through the provision of formal housing structures.
The department informed the delegation that there were challenges hindering the delivery progress as
follows:

Funding of suitable and well-located land was costly;

Growing number of informal settlements while others were being eradicated;

Re-invasion of land and densification once a settlement was targeted for formalisation;

Availability of resources in order to meet the formalisation target by 2014;

Poor health conditions and unsafe living environments; and

Domestic migration and immigration by neighbouring countries huge impact of service
delivery.
The department reported that all 12 895 initially identified buckets that were supplied and serviced by
the municipality had been eradicated by the end of November 2007. The buckets were either replaced
by water borne or VIP sanitation systems. The total number of toilets built were 13 021. The
challenge was that whilst the entire identified bucket system in terms of the definition of the
Department of Water Affairs had been eradicated, informal settlements continued to develop their own
bucket system, which has been a never-ending challenge.
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In regard to alternative technology, the province was utilising the services of the Eric Moloi
Innovation Hub. The hub provides beneficiaries and end-users with a wider choice of good quality,
affordable housing depending on the income level of the beneficiary.
The provincial department has developed a Housing Development Sector Involvement Strategy
(HDSIS) for women, youth and persons with disabilities. One of its objectives was to create an
environment where women, youth and persons with disabilities could be assisted to access skills and
training. The department was also aiming at ensuring that housing was accessed by individuals with
special needs, women, youth, person with disabilities, child-headed families and pensioners through its
special needs programme.
In regard to rectification, the department informed the delegation that in 2006 it had appointed
Servcon to conduct the verification of all occupied houses and serviced stands and to determine the
physical conditions of houses and the legality of occupancy. The report showed that there were
121 461 houses built before 2002 needed to be rectified. At the time of the oversight visit it was
reported that 117 451 units were repaired and 4 010 units still required rectification. In addition,
during the rectification process, units that were 24 to 30 m2 in size were increased to 40 m2.
It was further reported that the provincial department was facing funding shortages and challenges in
relation to proper budget allocation to implement outcomes-based models. In order for the department
to achieve integrated human settlements, it needed to address the challenges of bulk infrastructure and
the use of the Municipal Infrastructure Grant (MIG).
The affordable rental products were still not supported by policies in the Department of Human
Settlements and that the Community Residential Unit (CRU) policy needed to be reviewed as it was
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too expensive to implement. The acquisition, cost and availability of well-located land was hindering
housing delivery. Gauteng has 64 hostels and the provincial department plans to concentrate on 13
hostels during this financial year
4.1.1 Deliberations
The following questions were raised:

What criteria were used to change from the beneficiary list to the demand database?

What does the department mean by the small-scale rental programme?

What progress had the department made in the issuing of title deeds for the government
subsidy sector?

What was the department doing to resolve the challenges of the shortage of land with reference
to Kagiso township where four families were sharing one plot?

What role is the Housing Development Agency (HDA) playing in the acquisition of land?

What role did the National Home Builders Registration Council (NHBRC) play in the projects
that were due for rectification and how much money was owed by the province to the
NHBRC?

Why was the department still utilising Servcon whilst its mandate has been expired in 2006

What is the number of blocked projects and what plans have been put in place to unblock
them?

What progress has been made regarding Presidential projects? Were these projects prioritised?

What kind of assistance is the department giving to child-headed families?

What progress has been made in the roll out of the new sanitation programme and what
assistance has been given by the national department?
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
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What challenges have been encountered with regard to environmental impact assessments
(EIAs)?

What challenges have been encountered in the acquisition of temporary relocation structures?
4.1.2 Responses
In regard to the issuing of title deeds, the department had appointed Servcon to conduct occupancy
verification and delivers title deeds. Subsequent to that, Servcon appointed its own service provider to
do the work. A total of 2 600 title deeds for old stock (former 99 year lease houses) in Soweto
townships were transferred to the owners. In order to fast-track the issuing of title deeds, the
department was going to establish a conveyancing unit within the department to deal with paperwork
for all the projects.
It was reported that Servcon contracts with the department ended in 2006, but at the time of the
oversight visit it was indicated that the department was still finalising the handover reports. Servcon
and Thubelisha projects were implemented by the department.
The department was using a small-scale rental programme. Rental units were built in the backyards of
a government subsidy unit in the old stock (municipal houses) to facilitate rental accommodation. This
was the department’s attempt to address the demand of houses and the shortage of land.
The department confirmed that it did not owe the NHBRC any registration fees as the last balance was
paid. It was further confirmed that all projects were enrolled with the NHBRC.
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Three inspectors were assigned to each project as a way of ensuring the quality of the built houses.
One inspector was from the NHBRC, one from local government and one from the provincial
government.
The department assisted six child-headed families by allocating houses to them to houses and also by
referring them to Social Development for assistance in term of grants. In his closing remarks, the
HOD assured the delegation that the province has no challenges with regard to sanitation.
Day 2 (3 August 2010)
Visit to national Department of Human Settlements
The delegation was welcomed by the Director-General, Mr T Zulu. He tendered an apology for the
Minister of Human Settlements (Mr T M G Sexwale) and the Deputy Minister of Human Settlements
(Ms ZA Kota-Fredericks) for not attending the meeting as they had prior engagements.
Hon Dambuza outlined the purpose of the visit, which was, amongst others, to:

understand the environment in which the department is operating;

ascertain whether the department has adequate capacity to monitor and evaluate its service
delivery implementation; and

ascertain the capacity of the department to deliver on the new mandate.
Mr Zulu gave a brief overview of the department. There was a need to look at the new strategy. The
issue of capacity in relation to the new mandate was being addressed with the Minister. The
department was still operating on the old setup, which was not influenced by the new mandate
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(operating as the Department of Housing). The department was in the process of reviewing housing
legislation and policies to accommodate the human settlements mandate. The legal team has been
mandated to embark on that process.
In terms of performance contracts, there was a disjuncture as they were drafted for the Department of
Housing and did not incorporate the new mandate, especially the sanitation function. It was reported
that the performance standards of the Department of Public Service and Administration are very
generic and some issues do not cover the expanded mandate of the department.
In response to a question about timeframes for the policy review, it was reported that there were no
timeframes but the panel had been appointed to assist in drafting and amending some pieces of
legislation and policies to accommodate the human settlements strategy.
The department’s operational environment is informed by the Public Services Act, as amended, the
public services code of conduct and the Public Finance Management Act (PFMA). The department’s
staff complement, including senior managers, was 599. A copy of the organogram would be forwarded
to the Committee. The staff complement reflecting the gender and demographic breakdown and
vacancies was submitted to the delegation.
The department has a fully functional Internal Audit Committee in accordance with the requirement of
the PFMA and Treasury Regulations. It comprises independent auditors in accordance with the PFMA
requirements. The department also has a Risk Management Committee, which assists the accounting
officers in executing the oversight requirement of risk management, and evaluating and monitoring of
the institution’s performance.
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The department has a Special Investigations Directorate whose mandate is to deal with the prevention
and detection of corrupt activities and to ensure a reduction of corruption in the human settlements
sector. The following policies and strategies are in place to prevent and combat corruption:

Fraud prevention policy and plans;

Whistle blowing policy;

Partnership between the Department and the Special Investigating Unit (SIU); and

National Audit Task Team (NATT).
Deliberations
The delegation raised the following concerns, questions and points of clarity:

What plans were in place to fill the vacant positions and were the filling of these vacancies
budgeted for?

How much was the rent for the three buildings that were used by the department and what were
the plans to acquire one building?

Was the department able to roll out service delivery in terms of the new mandate?

Were the housing institutions functioning and effective?
Responses
The vacant positions were budgeted for and the appointment of personnel would be fast-tracked. In
regard to the rental of the buildings, the Department of Public Works was facilitating the process and
the Department of Human Settlements was reported to be paying R10.5 million per annum for the
three buildings. There was a plan to acquire a nearby Electoral Commission (IEC) building which was
just across from where the department could accommodate all staff from the three buildings.
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Negotiations were still underway and the Department of Public Works was facilitating the lease
agreement.
The housing institutions were functioning well and effectively in the delivery of houses. However,
there were also those that will have to be restructured and some to be closed down as their mandates
had matured. It was reported that the Housing Development Agency needed to acquire huge parcels
of land as most of the projects could not get off the ground due to the unavailability of suitable and
well-located land.
Visit to the Group Five/Everite plant
The delegation was welcomed by Mr M Kistnasamy, National Sales and Marketing Manager: ABT.
The leader of the delegation outlined the purpose of the visit. Ms I Makute gave an overview of Group
Five/Everite campany. The company was established in 1974 and had a broad footprint. The company
also had a new department that dealt with investments and concessions, construction, engineering and
manufacturing. In 2009, the company had a good financial year. During the All Africa Games, Group
Five built houses in Alexandra for renting purposes. It had projects in Cosmo City and also
manufactured temporary relocation houses in Alexandra.
The material used to build houses lasted for almost 60 years. The life span for temporary houses is 3040 years. Group Five trains and develops local contractors in erecting the units. A 24-30 m2
temporary house costs approximately R43 429. The material used was approved by the CSIR and the
SABS. The units could withstand disasters. The structures were properly joined and there would be no
need for rectification. Communities were reluctant to accept these units as they were not familiar with
them.
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During interaction on the alternative technologies, Group Five was advised to popularise its alternative
technologies to the communities. The national Department was also advised that it needed to educate
people on the ground about the new innovations and technology.
Group Five shared with the delegation some of its contributions made in housing delivery as follows:
 Approximately 1 600 units for Gauteng Department of Local Government and Housing
(temporary units);
 200 units in Tshwane;
 300 units in Mamelodi; and
 Construction of temporary Airport Terminal Buildings (Umtata).
The delegation visited the factory where the different materials were manufactured and viewed the
different housing structures, the temporary units, VIP toilets and temporary ablution units.
Day 3 (4 August 2010)
Meeting with the Registrar of Deeds
Mr E Steven, Registrar of Deeds, together with his two deputies welcomed the delegation. The
purpose of the visit was to understand the processes of issuing title deeds, the process followed in the
registration of Reconstruction and Development Programme (RDP) projects which are known as
government subsidy houses, as well as compliance with policies and the Housing Act of 1997, as
amended, especially in terms of section 10(a) and (b) that dealt with the deregistration of title deeds.
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The delegation was informed that the registration of a title deed took six days to be finalised. In the
case of RDP houses or projects, the registration took three days, depending on whether the department
approached the Registrar of Deeds on time. There were no restrictions. Transactions were barred by
the Department of Housing. The registration was only rejected when relevant documents were not
supplied. In the case on RDP houses or projects, the whole batch was rejected even if only one
application lacked certain required information.
Several interactions took place to educate communities on how deeds office works, as people are
defrauded due to a lack of knowledge. There was no provision for family title deeds of pre-1994
housing stock. This has resulted in some families fighting over the properties. There was a need to
review policies that govern the issuing of title deeds to accommodate common and customary law.
The delegation indicated in some provinces that the old four-roomed municipal houses (pre-1994
stock) were transferred to the occupants (rent payers) who were given title deeds. The delegation
further indicated that government needed to address this matter so that these houses could be
transferred. Most people owed municipalities exorbitant amounts. Government should assist those
people to resolve the matter and transfer the units to the owners.
The delegation had an opportunity to visit the offices where title deeds were kept.
Site visit to Kliptown Golf Course (social housing - rental stock)
The aim of the project was to deliver 932 units. The Johannesburg Housing Company (JOSHCO), a
property management company, was appointed by the provincial department to manage and allocate
the occupation of units. The department had also appointed the National Housing Finance
Corporation (NHFC) as the developer, but due to delays by the developer the department took over the
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development. Subsequently, another developer was appointed to complete 722 houses. Two hundred
and forty three houses were scheduled to be completed in the 2011/12 financial year and two
contractors, M5 and Imisebe, were appointed in a joint venture to finalise the houses.
Site visit to Kathrada Park (Silvertown area)
The project started in 2002 and was essentially earmarked to build 583 units. In 2006, 383 units were
completed and thereafter the project became blocked. In 2008, only 16 units were built to roof level
and were exposed to vandalism and theft as the contractor had disappeared.
The area was de-densified and the province provided temporary relocation units (TRUs) which were
made of corrugated iron. The area was further challenged by illegal invasions by both qualifiers and
non-qualifiers. The municipality later conducted an occupancy audit in order to verify the occupants’
status. During the period of visit the province had already appointed Sea Kay Contractors to unblock
the project.
During interaction with the community and the ward councillor, inconsistency in the communication
and distribution of information around projects and delivery processes was reported as a huge
challenge.
Site visit to Dube hostels in Orlando Township (Temporary relocation units (TRUs))
The project was started in the 2007/08 financial year with the aim of eradicating hostels and
integrating the communities. One hundred and six of the 266 TRUs were occupied by February 2010.
The units are 40 m² in size with two bedrooms, a stove and kitchen with tiled floors. Madilomo was
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appointed as a contractor to manage the property and to assist in advising on what should be included
in the units.
Orlando West is a women-dominated area where 405 units were intended to be upgraded or built.
There were approximately 150 TRUs on site that were electrified. The TRUs will be used to decant
families from the old hostel room to allow for infrastructure upgrading and for renovations, which
were to commence in September 2010.
It was reported that most of the hostel residents were unemployed and those who were employed were
earning less than R1 000 a month, and therefore affordability was a challenge. The following other
challenges were also highlighted:

unavailability of suitable land;

delays in electricity supply by Eskom or City Power;

delays in the installation of storm water drainage systems; and

overcrowding in hostels.
The delegation accepted the information given with the challenges. The delegation stated that the
observation on hostel upgrading required an urgent review of policies governing implementation and
that the process needed to be fast-tracked.
Day 4 (5 August 2010)
Site visit to Ward 79 - Themba Khoza informal settlement
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The ward consists of three big informal settlements, including Tokyo Sexwale informal settlement.
Originally the place was occupied by only 45 families, but due to land invasions the number of
families increased and the place is currently overcrowded. The residents informed the delegation that
they were placed on the land temporarily for a period of three months and were assured that they were
going to be moved to their houses. At the time of the visit it was their seventh year of waiting to be
relocated to the promised land or development. The land that they were occupying belongs to the
Department of Sport and Recreation, who planned to extend the stadium. However, due to a lack of
land for housing purposes people refused to be moved.
There was a development nearby to where the people thought that they would be relocated, but due to
the demarcation issue, the development fell under another region or municipality (Ekurhuleni). There
were no timeframes when the relocation would take place. Operation Ziveze also created challenges
as it was shown that most of the people did not qualify as they had already benefited.
The department indicated that the challenge was related to the lack of land and the backlog which
stood at approximately 2 400 units.
Site visit to Lusaka section
Various houses were left unfinished for approximately four years and some people were in serviced
sites. The project was contractor-driven. In some plots slabs or houses were left half done. Some
households were headed by children as they were without parents. The contract to build the houses
was awarded to Xhasa who was later removed. The councillor indicated that he did not have enough
information about the project and could not furnish reasons why houses were left unfinished. The
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Department of Human Settlements was giving conflicting information to residents and councillors,
which made the lives of councillors miserable.
Adjacent to that project was an informal settlement that had been there for the past three years. The
residents were excluded when allocations were made in relation to Lusaka. The people were settled
under Eskom power lines and there had been cases where residents were electrocuted.
Site visit to Mafelandawonye 3
The settlements have 135 stands and 688 family shacks or households. The area was densified and
later subdivided. There were about four to five families on one plot with one toilet. The electricity
box was installed by Eskom in one of the shacks and if the owner was not there, the rest of the families
would struggle to gain access to electricity. The residents were informed that during the relocation,
only one would be left as the owner. The community was questioning such a decision as the
municipality was unable to identify the legitimate owner in that situation. There was no storm-water
drainage and no accessible roads. Street lights were installed but they were not functioning. Various
cases were reported of some children who were eaten to death by rats and others who were in a critical
condition due to injuries sustained. As a result of the overpopulation of the settlement some people
were moved to Bagdad.
Site visit to Bagdad
The area has underground water and became flooded during times of heavy rainfall. There is palisade
fencing along a dangerous stream to prevent access by children. There was no water supply and toilets
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in the area. Residents were using plastic bags to relieve themselves. Toilets that were located along the
road were far from the communities and were dangerous at night.
Site visit to Ivory Park
The Ivory Park project sought to de-densify and formalise the informal settlements. People will be
relocated to the pieces of land within and outside the vicinity of Ivory Park. The following process
would unfold:
 reduction of stand size site into 100 m2 and rezoning of surrounding land into residential sites;
 submission of amended township layout;
 re-pegging of stands and approval by Surveyor General;
 redevelopment of the temporary relocation sites into mixed housing development.
At the time of the visit there were two contractors that were appointed to build 210 housing units in
the area but due to financial constraints they could not start. The site was formalised by the City of
Johannesburg and 3 500 families were scheduled to be moved. Stands would be reduced to
accommodate people in the area. Most of the shacks were on the flood line.
Water and sewerage were a challenge but there was a plan to upgrade the infrastructure. Water in the
nearby dam was contaminated by sewege. The City of Johannesburg needed to proclaim Ivory Park.
The project was going to cost R600 million to construct. The City of Johannesburg indicated that it
required the full amount in order to start the project. The City stated that its point of departure was to
relocate people and involve land surveyors as communities refused to be moved from shack to shack.
The City had engaged with the national Department of Human Settlements on the funding proposal
but was still awaiting approval.
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Site visit to Diepsloot East
Two types of communities were residing in the area, which was made up of approximately 20 000
families. Some were relocated from Alexandra and others were left behind during the construction of
Diepsloot West. In Diepsloot East, the plan was to build a mixed development consisting of
government subsidy houses and rental stock. The project will provide approximately 6 700 housing
opportunities. The environmental impact assessment (EIA) was a challenge because it was found that
there were bullfrogs that needed to be protected. The area was on a flood line and 30% of the land
was under water and contained indigenous bullfrogs. The lack of funding for the Diepsloot project
was also a challenge. It was reported that the project was going to take at least 12 years to be
completed, provided that funding would be sorted out.
The municipality indicated that the plan to relocate the bullfrogs was completed and that the majority
of them had been moved.
Site visit to Diepsloot West, Ward 95 and Ext 1 and 6
The project started in 2002. Approximately 48 houses were incomplete for seven years and most were
owned by orphans. In Ravele Street, there were more than five shacks on one plot and it was a
challenge to identify the legitimate owner of the plot. There were no street lights and sewage was
running down the street.
In Diepsloot Ext 1 and 6, people invaded houses before the elections of 2003/04 and were still living
there. The invaders were also extending their occupation of the houses whereas the actual owners
with keys and title deeds were still in shacks. The matter was reported to the department and the then
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MEC for Housing, Ms Nonkonyana, and the eviction order was granted, but because it was close to an
election the occupants were not evicted.
Public meeting at Orange Farm
During the meeting the following challenges were raised by members of the community:
 Most contractors appointed by the provincial Department of Housing in relation to sewerage
projects were not completing them. Some contractors left a project three years ago. Sewage
was flooding onto the streets. The greater part of the area was still using pit-latrine toilets and
those with sewerage informed the delegation about the poor quality thereof. The main sewer
was installed by Johannesburg Water but was not connected to households, especially those
who did not own RDP homes and those who resided in old-stock housing. The connection
would be installed only in respect of RDP houses.
 In 1995, in a greenfield development in Lake Side the allocation was not conducted properly as
people owned more that five sites, and some sites were sold illegally. Some sites were
allocated as business sites and others were located in waterlogged areas.
 In some areas houses were built for people who did not qualify for government subsidies. It
was reported that there was a lack of consistency in housing delivery as some plots were
fenced while others were not.
 The slow pace in issuing of title deeds was a challenge in the area
 Contractors whose contracts were terminated for shoddy work were later appointed for other
projects and continued to build poor structures.
 Thubelisha constructed 1 000 units in ward 1 Ext 9 and all those houses have a sewerage
problem. Furthermore, 4 000 units were of poor quality.
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 There was a lack of proper planning coupled with the non-standardisation in delivery of
housing projects. For example, some projects conformed to policy (providing a service delivery
package with sewer connection, access roads and streets lights).
 Johannesburg Water Services has also ordered the people in Ext 29 to pay R100 for sewerage
connections; however the sewer remained flooding in their houses.
 Contractors left site without completing construction of the houses. After three years the
department re-instated their contracts again. The community reported that a constructor called
Sea Kay left the site because it was not registered and people were moved to temporary
structures are still living there. The Committee inquired how this constructor was appointed
without proper documentation.
 It was alleged that the provincial department built houses in areas which were not approved by
the municipality and at some stage people were allocated housing without a proper screening;
hence some people were alleged to have owned five stands.
 In respect of Greenfield projects of 1995, ninety five per cent of the people living in the area
are not the rightful owners.
 In respect of the PHP project, 250 units were set to be constructed; however, only 180 units
were constructed and surprisingly, the department claims all that houses have been completed.
 The area has a quite number of orphans or child-headed families or households who are highly
victimised by stepparents who chase the children away.
 Police do not assist in handling conflicts and incidents of intimidation.
Deliberations
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The delegation stated that by listening to the presentation it became clear that the problem was too
wide and complex; therefore it required an extensive investigation by the national Department of
Human Settlements. The quality of most houses was not acceptable. The NHBRC needed to
strengthen its inspectorial duty in respect of most projects. Government needed to intervene in the
provision of adequate shelter. The department should assist those who did not qualify for RDP houses
to be connected to sewerage. Gauteng sewerage was collapsing as the Vaal sewer reservoir was full. It
was built to accommodate only 2 million people, but the population has since grown to 11 million
people. There was a need to build a new sewer reservoir in the area.
The delegation drove through a number of blocked projects. Some were left at wall height, some at
roof level and others at the foundation stage. Sewage was flowing in the streets where children were
playing.
Meeting with Executive Mayor of Evaton
The Mayor, Mr Mshudulu, councillors and staff welcomed the delegation. It was reported that the
municipality was embarking on the Evaton renewal projects which included the following:
 Sewer upgrading project which was almost complete.
 Mafetsane Government and Sports Complex which was 98% complete. The aim of the
construction, among others, was to create employment opportunities and to provide essential
services to the Evaton community.
 Temporary relocation village which was going to serve as a buffer so that construction could
take place on identified sites. There was also a show village that allowed people to have an
idea as to the type of development that would take place in their township. Some of the
houses in the show village were allocated to child-headed families.
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 The municipality had a land release project which was aimed at promoting security of tenure
and to fast-track the process of housing delivery.
 There was also food gardening for planting vegetables, a brick-making plant and social
facilitation for the benefit of the communities.
The municipality only reported on the renewal projects. The delegation further requested the
municipality to forward a summary report reflecting the population of the municipality, housing
backlog, housing stock before 1994, houses that required rectification, the role played by Housing
Development Agency in the acquisition of land and the role played by the private sector.
Day 5 (5 August 2010)
Meeting with the Minister of Human Settlements
The delegation held a meeting with the Minister of Human Settlements, Mr TMG Sexwale, who gave
a brief overview of what was happening within the department. The Minister indicated the following:
 The President showed a keen interest in human settlements as most of the complaints reaching
the Presidential hotline were about housing challenges. He informed the delegation that the
department had to be elevated to be one of the top priority departments due to its expanded
mandate, as well as challenges encountered by the country in relation to the unrest and
protests.
 During a special Cabinet Lekgotla, a presentation was made about outcomes that the President
had put forward.
 Delivery agreements would be signed soon and the first Presidential Coordinating Council
(PPC1) has been established (Human Settlements)
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 The department was requested to deliver a presentation on the perspective of spatial planning
at the national planning seminar.
 The National Planning Commission would prioritise eight objectives and design its national
integrated plan and the Department of Human Settlements would feed into its plan.
 There was a need for new cities to be built in the democratic era.
 The construction of bulk infrastructure services was a huge challenge that requires urgent
attention by government.
 The housing backlog which was due to growth in informal settlement dwellings, as well as
farm evictions, was also cited as a burden to government.
 Another concern was the issue of slow growth in Cape Town and Gauteng that required R3
billion for bulk infrastructure.
 The Minister further informed the delegation that he would meet with farmers to address
housing issues affecting farm worker/farm dwellers.
The leader of the delegation welcomed the briefing by the Minister. She stated that the Portfolio
Committee was committed and willing to provide support to the initiatives and programmes of the
department.
The delegation shared with the Minister its observations during the site visits, as follows:
 Bulk infrastructure was a challenge that delayed most projects and the roll-out of basic
services. Overloaded sewer systems were also a challenge. The City of Johannesburg
indicated that there were no short-term plans in place to overcome the sewer challenges.
 Lack of co-ordination and co-operation by spheres of government.
 Inadequate budgets to start projects.
 Unoccupied houses that were exposed to vandalism and theft
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 people benefited in government subsidy houses whereas they were not qualifying r as well as
those members of the community that owned more than one house. This showed that there
was lack of monitoring in the allocation process.
 The selling or renting of government subsidy houses was also alarming.
 The illegal occupation of government subsidy houses in some areas was not acceptable as the
rightful owners with title deeds were on the street. This needed to be addressed.
 Challenges of affordability by the people who live in converted hostels needed to be
addressed. Most people are elderly and depend solely on a pension to survive. The policy on
the conversion of hostels needed to be reviewed.
Meeting at and site visit to Alexandra Renewal Programme (ARP)
The delegation was welcomed by Councillor Maseko of Ward 75. Mr J Sithole ARP Chief Executive
Officer briefed the delegation on the progress made by the renewal programme. He informed the
delegation that:
 there were 1 229 subsidy houses and 1 695 affordable rental stock in Ext 9 (K206).
 there were 1 389 RDP (government subsidy) houses in Ext 7.
 In Eastbank there was a project to construct 520 affordable rental units with solar systems
which would be administered by JOSCHO.
 there were 50 RDP (government subsidy) flats in Malboro Flats. The maintenance of the flats
was a challenge. The plan was to convert them into rental stock.
 there were 96 social housing houses and 286 affordable rental units at M2 Hostel.
A
contractor who was appointed to finalise the project went bankrupt.
 181 units were built in Ext 8. However, conflict arose between the surrounding communities
and hostel dwellers.
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 Old Alexandra has 350 social houses and is perceived as a violent area. The project manager
planned to build 82 temporary relocation units on the nearby vacant land. The challenge is
that these hostels have been ignored for several years and the number of people living there
has doubled in numbers.
Deliberations
The delegation was concerned about JOSCHO who seemed to be the only company administering
projects. The lack of co-operation by the province in ensuring that the renewal programme was a
success would need to be taken forward as the life of ARP was very important and required dedicated
resources to be channelled by respective departments as well as the provincial department. The
Portfolio Committee would need to engage with the Minister at national level. The lack of resources
needs to be addressed and the private sector should play a role. The people who were refusing to
relocate were a challenge and ARP needed to have a plan in place as the houses would be vandalised.
The lack of funding for such a huge project which was aimed at assisting the poor was condemned by
the delegation.
Mr Sithole further indicated that ARP was working with all the relevant departments and was trying to
assist where possible, and that they were not paying for the services rendered. JOSCHO is a company
that works with the City of Johannesburg and argued that it charged better rates than others. The city
was also meant to create Alexandra Property Management to assist with ARP projects. ARP was
pleased with the work done and the quality of the units developed. ARP was going to operate as a
project and not as an extension of the City of Johannesburg.
Site visit to Banakekele Hospice
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Banakekele Hospice was the only hospice in Alexandra and had been servicing the surrounding areas
since 2001. The hospice was operating in a warehouse and the rental had become too expensive to
afford. The hospice had a staff complement of 27 people. Hospice management approached ARP to
assist as it was struggling to acquire a building for its operations. ARP assisted the hospice by
offering a school building which was vacant. Hospitals and clinics were referring their terminally ill
patients to the hospice. The hospice was using a van (bakkie) to pick up the sick, the elderly and the
disabled and transport them to the hospice.
Hospice management indicated that the school premises were not suitable for such an operation. The
hospice had land that needed to be developed, but funding was required. The delegation indicated that
the matter would be reported to Parliament for further discussion and referral to other relevant
committees. The delegation appreciated the assistance provided by ARP to the hospice.
Meeting in Codevco offices
Cosmo City was initiated by the Gauteng Department of Housing and the City of Johannesburg in late
1998. Codevco (Basil Read) were appointed as a preferred developer in 2000. After many years of
court cases against objections to the development, Basil Read eventually broke ground in January
2005. Cosmo City was the first mixed-use, fully integrated sustainable housing development in South
Africa.
The mandate given to Basil Read was to develop a human settlement with a sustainable environment
to educate communities on how to manage their houses and to develop a nursery to green the area.
The Danish government donated solar panels for the area. In 2005, the eradication of three informal
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settlements started with the shacks that were in the river bank. Those who did not qualify for subsidy
houses were then given an option of rental accommodation. Various sites were set aside by Codevco
among other to business, churches, a school and for a police station.
In Cosmo City, the land used to accommodate three informal settlements that were eradicated. The
area comprised 60 000 households. A total of 12 500 units have been constructed on 1 105 hectares of
land. The challenge was that the EIA took too long and the project required co-operation from all
departments. Another challenge was that most of the people on the waiting list did not qualify for the
government subsidy. Mention was made of other successful developments around the country. A
similar project would be started in Cape Town.
Site visit to Cosmo City
The delegation had an opportunity to tour the newly-built community centre, low-cost houses, rental
accommodation and mortgage bond houses. Cosmo City is a well-structured project that demonstrates
integrated settlements.
Day 6 (6 August 2010)
Meeting with Ekurhuleni Municipality
A Member of the Mayoral Council (MMC) welcomed the delegation. She believed that such a visit
was an opportunity for the municipality to share the frustrations it faced daily. It was mentioned that a
one-day visit was not enough for Ekurhuleni Municipality. She suggested that it would be reasonable
to spend a week to oversee the situation in the area. Planning in the municipality takes long as the
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process is undertaken over and over, for example projects as from 1996 to 2005 were still not yet
implemented as they have to wait until the other spheres of government directed funds for
implementation.
In regard to the protests within the municipality, several issues triggered the incidents, such as delays
in upgrading the Thokoza hostels which were 60 years old and in a dilapidated state, the chemical
toilets that were provided to the communities as well as the alleged unfair allocation of government
subsidy houses. However, hostel upgrading has been in the Integrated Development Plans of the
municipality for a long time but there was a lack of funds to accomplish the plans. Councillors find
themselves in a difficult situation and are traumatised because the communities held them responsible
for the delays.
The Empilisweni informal settlement development progress was delayed as a result of a Constitutional
Court judgment. The housing problem in the municipality was huge. The population in the area
constituted 3,7 million with 122 informal settlements and 22 hostels. The number of the backyard
dwellers was also extremely huge. The conditions of the hostels are terrible and upgrading of these
hostels would costly. The upgrading of the hostel would cost the municipality about R6 billion.
Ms E Ngobeni, Project Manager: Gauteng Department of Local Government and Housing, informed
the delegation that 40% of land is dolomite to the extent that there was a possibility of demolishing
Natalspruit Hospital due to the warning signs of the dolomite. Some parts are wetlands surrounded by
lakes and others were privately owned. The municipality reported that the Minister of Human
Settlements visited the area a year ago and offered R25 million for the immediate electrification of the
hostels. The national department promised to transfer the money. However, at the time of the visit the
money had not yet been transferred. To respond to the mounting pressure from the community, the
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municipality decided to scrape its reserves and fund the installation of temporary electrification of
hostels at a cost of R12 million.
.
Backyard dwellers
The municipality has set aside R700 million for land acquisition, but delays were caused by
agreements between provincial departments and the HDA. The Operation Ziveze project did not assist
in resolving housing challenges in the area; hence the waiting list is dated as far back as 1996.
Challenges
The following challenges were experienced:
 Ramaphosa – land donated by Iscor and people do not want to move.
 Mt Everest and kwa Thema – not enough resources to cover 7 000 people, however the area is
well looked after
 Emavangeni kwa Thema - about 1200 people obtain title deeds but no funds to build their
houses only 20 units to be constructed.
 Tswelopele in Ramaphosa and Eden Park - residence have occupied houses illegally
 In monitoring Bylaws compliance, the municipality does not have reaction unity and private
companies required funding.
Site visit Harry Gwala informal settlements (Beachfront)
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The delegation visited the area where 1 600 shacks were built close to the dam. The residents of the
informal settlement were refusing to move to a safer area and claimed that they would be far from
schools and their places of work. Some shacks were built at the edge of the road close to the dam
(flooded area). The area is life threatening to communities. The houses that were built for the
communities of Beachfront were completed and ready for occupation. The municipality feared that
the houses would be vandalised and be the crime zone as houses stood empty for some time.
Meeting at and site visit to Mshayazafe Hostel in Thokoza
The hostel is in ward 52 and consists of 41 residential blocks with 6 800 tenants. The block is
dilapidated to the extent that it will have to be demolished and the site would be converted to
community residential units (CRUs). It is also surrounded by informal settlements. The municipality
had appointed a contractor to provide maintenance and the department appointed a service provider to
conduct pre-planning studies and detail designs in terms of the CRU policy. The temporary
electrification has been installed in hostels 1 and 2 in such a manner that the substation and power
cables can be re-used in future developments.
Feasibility studies in phase 1 have been completed, and in phase 2 the Council for Geoscience has
requested additional drilling to determine the dolomite conditions. Community facilitation was
ongoing and the relocation plan was finalised.
The municipality would develop a temporary relocation plan that should include the moving of 130
communities to temporary relocation units (TRUs) from Buyafuthi Hostel Complex to Thokoza
hostels. The plan will outline which hostel will be demolished and where the TRUs will be placed.
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The plan will also list the activities with timeframes and costs. The provision of temporary services
and security to the TRUs will also be part of the relocation plan.
The municipality had the following challenges:
 Adverse dolomite conditions;
 Insufficient funding;
 Overpopulation in hostels;
 Determining the future rental amount
 Very limited TRUs
The community informed the delegation that the Minister had visited the area in October 2009 and
promised that an amount of R25 million would be transferred by the national department to electrify
the hostel but to date the money was not yet received. It was indicated that the Ekurhuleni region has
22 hostels, all in terrible conditions, 122 informal settlements and backyard dwelling was also
extremely huge. The land is dolomite, wetlands and most privately owned. The sewer system was in a
decaying state.
Observations
The delegation observed the following:
 The deteriorating, aging bulk infrastructure was hampering development in the province.
 In Ivory Park informal settlements (e.g. Mafela 3 and 2) an average of five households
occupied a single stand, which included access to a single, shared power point. This
compromises the rights of other occupants to access basic services like electricity and further
creates challenges for households to manage their budgets.
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 Prior to 2004 in Diepsloot, houses were occupied illegally while the rightful owners were still
living in informal settlements. Thus far, the province has not addressed the issue or assisted
rightful owners to occupy their houses.
 There were approximately 64 hostels in the province and most of them were in a very poor
state. To convert these hostels into community residential units (CRUs) would be a very costly
exercise, and current residents who are mostly dependent of social grants would not be able to
afford to pay the rent.
 About 90% of Orange Farm’s challenges were related to sewer connections due to service
providers that are alleged to lack capacity. Furthermore, some contractors failed to complete
projects.
However, the province continued to award contracts to some of those alleged
contractors. Access roads were also in a very poor condition.
 The Banakekele Hospice was hosted in an unused school building and was not suitable for
persons in frail care and people with disabilities. The hospice acquired land, but required
assistance with future funding for a formal structure and equipment.
 At Harry Gwala Beachfront approximately 1 600 shacks were situated on a floodplain next to a
lagoon. The province allocated 305 new houses for the relocation of residents to a new area.
However, residents refused to relocate, arguing that the new site was further away from their
places of work and schools.
 The province was experiencing similar challenges to other provinces in respect of blocked
projects, e.g. Kliptown, Lusaka Section in Ivory Park, Orange Farm, etc.
However, the
province categorically denied the existence of any blocked projects.
 In Lusaka Section shacks were erected under power lines and residents were exposed to
electrical shocks on a daily basis. The situation was so dire that residents could not use metal
eating utensils or push a wheelbarrow.
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 In Silvertown the province provided residents with temporary relocation units (TRUs) made of
corrugated iron. The delegation noted that corrugated iron is not a healthy alternative since it
is either too hot during summer or too cold during winter.
 Alleged fraudulent and corrupt practices in the allocation of houses were raised sharply in all
areas visited.
 Public participation remains a challenge, especially in the dissemination of information which
is very inconsistent.
 The Lack of proper communication between councillors, the city and the province resulted in
conflicts between ward councillors and communities.
Recommendations
The Committee recommends the following:
To the Minister of Human Settlements:
1. To commission a special investigation of all human settlements challenges, including
sanitation challenges facing the Orange Farm community due to the complexity and extent of
the problem. A written progress report on the matter should be submitted to the Committee
within three months after its report has been adopted by the House..
2. To urgently intervene in relation to the Harry Gwala Beachfront informal settlement. The
Committee is concerned about the physical safety of residents in the area because of the
serious risk of flooding in the event of heavy rains. A written report on the matter should be
submitted to the Committee within two months after its report has been adopted by the House..
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3. To facilitate the policy review that will provide guidance, future strategies and funding
strategies for the advancement and enhancement of the Alexandra Renewal Project. A written
report on the matter should be submitted to the Committee within three months after its report
has been adopted by the House..
4. To fulfil the commitment made by the Minister to the Ekurhuleni Municipality for the
electrification of Thokoza hostels. A written report on the matter should be submitted to the
Committee within three months after its report has been adopted by the House.
5. To ensure that the national Department of Human Settlements:
5.1
Give urgent attention to bulk infrastructure in Gauteng by building new reservoirs and
by upgrading existing sewer plants and reservoirs. This initiative requires co-operation
from various departments. The department should report to back to the Committee in
writing within three months after the report has been adopted by the House.
5.2
Initiate a strategy to assist the rightful owners of houses occupied illegally in Diepsloot
and other areas by giving those people houses. A written report on the matter should be
submitted to the Committee within two months after the report has been adopted by the
House.
5.3
Provide an updated report of informal settlements in the Gauteng province and its
strategic plans for the eradication and upgrading of such settlements and provide
support to the households in Ivory Park by completing the houses that were left
unfinished. A written report on the matter should be submitted to the Committee within
three months after its report has been adopted by the House.
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Address the challenges of the Silverton TRUs urgently and attend to the allocation of
units to legitimate beneficiaries. Those who cannot be accommodated in the area
should be assisted by obtaining accommodation in other areas. A written report on the
matter should be submitted to the Committee within three months after its report has
been adopted by the House.
5.5
Consider the filling of vacant posts urgently. A written report on the matter should be
submitted to the Committee within two months after its report has been adopted by the
House.
5.6
Present a Report on Whistle Blowing Policy to the Committee within two months after
its report has been adopted by the House.
5.7
Receive the human settlements development programme from the Evaton Municipality
and submit it to the Committee within three months after the Committee’s report has
been adopted by the House.
5.8
An urgent intervention is required by the three spheres of government to address the
challenge of sewage in some of the informal settlements and Orange Farm. The
department should submit a written report on the matter to the Committee within three
months after the Committee’s report has been adopted by the House.
It is recommend that the Portfolio Committee on Rural Development and Land Reform request the
Minister of Rural Development and Land Reform:
6. To review policies that governs the issuing of title deeds to accommodate common and
customary law.
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7. To consider the provision of family title deeds of pre-1994 housing stock in order to fast-track
the transfer of such houses to the present occupants
8. To share the outreach programme initiated by the Registrar of Deeds in the Gauteng province
(educating communities about the importance/necessity of being in possession of a title deed)
with other provinces and also encourage them to implement the programme.
9. To assist the Ekurhuleni Municipality to access Transnet land which was donated by Iscor.
It is also recommending that the Portfolio Committees on Social Development and Health request the
Ministers of Social Development and of Health:
10. To provide financial support to the Banakekele Hospice for the construction of a proper facility
on already-acquired land.
11. To provide funds to purchase the necessary equipment for the hospice.
Report to be considered.
CREDA INSERT - T120116e-insert2 – PAGES 28 - 47
3. Report of the Committee on the Auditor-General on the Budget and Strategic Plan of the
Auditor-General for the 2012/13 Financial Year, dated 11 November 2011.
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The Committee on the Auditor-General, having considered the Budget and Strategic Plan of the
Auditor-General for the 2012/13 financial year, report as follows:
1. INTRODUCTION
Section 38 (1) of the Public Audit Act 25 of 2004 (PAA) requires that the affairs of the AuditorGeneral (AG) be conducted in accordance with a business plan and budget prepared by the AGSA for
each financial. The budget must include estimates of revenue and expenditure, for the year to which it
relates and the basis on which audit fees for the year to which the budget relates. Furthermore, section
38(2) of the PAA requires that the AGSA must at least six months before the start of a financial year
submit the budget and business plan referred to in subsection (1) to the Committee on the AuditorGeneral (the Committee). Section 38(3) of the PAA regulates that the Committee as the oversight
mechanism must consider the budget and business plan and within two months of receipt thereof
submit its recommendations to the Speaker for tabling in the National Assembly (NA) and the
National Treasury.
The NA established the Committee as an oversight mechanism to monitor the performance of the
Auditor-General. The AGSA’s strategic plan and budget forms a significant part of this Committee’s
responsibility in meaningfully overseeing the activities of the Office of the Auditor-General. The
mandate of the Committee is to assist and protect the AGSA and to ensure the independence,
impartiality, dignity and effectiveness of the Auditor-General of South Africa (AGSA).
This report aims to highlight the performance targets set for the achievement of the 5 commitments by
AGSA and also highlights the projections of revenue and expenditure for the 2012/13 financial year.
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The report also indicates the increase on audit tariffs and the audit directives which were developed by
the AGSA for consideration by the Committee.
2. STRATEGIC PLAN AND BUDGET OVERVIEW
The AGSA has a constitutional mandate and as the Supreme Audit Institution (SAI) of South Africa,
promises to strengthen the country’s democracy by enabling oversight, accountability and governance
in the public sector through auditing, thereby building public confidence. The AGSA commits to 5
predetermined measurable objectives in the 2012/13 financial year to discharge its constitutional
mandate as a Supreme Audit Institution of the country. These predetermined objectives also centre on
the realisation of clean audit outcomes to support the 2014 clean audit initiative for National,
Provincial and Local Government.
The AGSA as the Supreme Audit Institution (SAI) face the following challenges within the country
and in the global arena:

The increasing number of government priorities and the achievement of clean audits.
Therefore, the AGSA committed to encourage improvement that extends beyond financial
accountability;

The AGSA also committed to meet international requirements to greater demand from SAIs to
provide feed-back on the status of service delivery. The strategic plan and budget of the AGSA
also gears to meet this challenge;

The AGSA’s budget provides for the discount of the audit fees as the AGSA charges lower
audit fees compared to the market rate; and
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Another challenge is the collection of audit fees, in which the adverse economic conditions
pose a risk to achieving the recovery costs through timely collection of audit fees. At the same
time the AGSA has to discount its audit tariff by R40 million amounting to 1.5 per cent of the
annual revenue from the market rate increase of 7.1 per cent in the 2012/13 financial year.
3. PREDETERMINED OBJECTIVES
3.1 Simplicity, clarity and relevance of messages
In order to determine where it is going and how it will get to its destination, the AGSA developed a
document with goal setting known as the Strategic Plan. The development of goals is a key step in
effective strategic planning. These goals are written targets which AGSA commits to achieve in the
2012/13 financial year. The AGSA strategic plan presents the following commitments: Simplicity,
clarity and relevance of reports
These commitments aim to identify root causes and also make recommendations. The AGSA set a
target at 3 points to a 1 to 4 rating scale on clear communication of relevant root causes and
recommendations to the AGSA’s stakeholders.
The performance indicators of this objective will be the quality of reports, management reports,
dashboard reports, general reports or other communication such as presentations, and briefings.
Committing to this objective, it is also adherence to fundamental requirement 4 of the International
Organisation of Supreme Audit Institutions (INTOSAI) the framework for communicating and
promoting the values and benefits of SAIs. INTOSAI requires that SAIs report in a language that is
understood by stakeholders and allow the stakeholders act on those reports.
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3.2 Visibility of leadership
The AGSA committed to develop stakeholder relationships so as to encourage clean administration. A
target is set at 3 points within the scale of 4 points to pursue high quality, value-adding where
stakeholder interactions are conducted and intensified.
The actual performance will be indicated by providing information through stakeholder interactions on
quarterly basis, road-shows and presentation of experience. The AGSA leadership will share the audit
outcomes of the Public Finance Management Act (PFMA) and the Municipal Finance Management
Act (MFMA) auditees with the legislative arms of government as well as structures such as the
Association of Public Accounts Committees (APAC), the South African Local Government
Association (SALGA) and the Speakers Forum.
In this objective the AGSA observes the fundamental requirement 13 of the INTOSAI which requires
that SAIs strengthen communication with stakeholders for better understanding of the SAI’s
responsibilities, audit work and results.
3.3 Strengthen human resources
In this objective the AGSA promises to have a motivated, high performing and diverse workforce in
which aims to achieve the culture index by 3.2 points, leadership index by 3.2 points and employee
engagement index by 3.2 points. A target is set at 3.2 points for each index which is within the
industry norm of 5 points.
The performance indicator will be the results of the conducted survey, focus group interviews and
other assessments rated according to the Likert scale of 5 points from 1 to 5. The achievement
ascribes to mainly relevant skills and matching competencies, implementation of learning and
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development unit to close knowledge and skills gaps for all employees, executive development,
enhancement of the total performance of performance management system, growing own talent
through the Trainee Audit Scheme, and deepening public sector insight and knowledge.
The AGSA commits to adhere to fundamental requirement 10 of the INTOSAI which requires that
SAIs ensure that they have appropriate resources to perform their work in accordance with relevant
standards and other requirements.
3.4 Leading by example
The AGSA in this objective devotes to continual improvement of the quality and timeliness of the
AGSA reports, adherence to standards of excellence for clean administration, maximise the AGSA’s
contribution to transformation.
Targets were as follows:

A target is set at 87 per cent for adherence to all quality standards of audit reports, the
performance will be indicated by the results of the quality control assessment;

A target is also set at 3 points for adherence to all quality standards of non-audit deliverables
which will be indicated on a 4 point rating scale from 1 to 4;

A target is set at 100 per cent for complying with the statutory and legislative deadlines for
submission of strategic plan and budget, annual report, and general reports;

Complying with statutory and legislative deadlines for performance audit and investigation, a
target is set at 95 per cent;
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The AGSA also promises to achieve clean audit report which the actual performance will be
indicated by an audit report of the independent auditor;

For timeliness of regulatory audits a target is set at 90 per cent;

The actual performance will be indicated by a project tracking tool;

To maximise the AGSA’s contribution to transformation a target is set at 3 points for achieving
and identifying the Broad Base Black Economic Empowerment (BBBEE) rating plan. The
achievement of this target is attributed to engagement session with all relevant stakeholders on
the AGSA’s BBBEE strategy, the Corporate Social Investment (CSI) focusing on rural schools
programme, implementation of a high-level 3 year plan on enterprise development,
implementation of the BBBEE plan and focusing on preferential procurement employment,
management control and skills development; and

Committing to this objective the AGSA also adheres to fundamental requirement 11 of the
INTOSAI which requires that SAIs adhere to the same appropriate rules and philosophy that
SAIs expect from auditees as a minimum to promote good governance.
3.5 Funding
The AGSA commits to execute its mandate economically, efficiently and effectively in this objective.
A target is set at 2.07 per cent of the revenue for achieving a net surplus. The actual performance will
be indicated by the conclusion of the analysis of the income statement at the end of 2012/13 financial
year.
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A target is also set at 45 days from voucher date for payment of the AGSA’s creditors. The actual
performance of this target will be indicated by the analysed ageing report of creditors.
Targets are also set for debt collection in the following categorised manner:

Debt collected within 30 days from the national departments, Gauteng and the Western Cape
provinces, a target is at 75 to 80 per cent;

For debt collected within 30 days from Limpopo and KwaZulu Natal (KZN), a target is set at
65 to 70 per cent; and

North West, Free State, Northern Cape, Eastern Cape and Mpumalanga a target is set at 55 to
60 per cent for debt collection within 30 days from the date of invoice.
The indication of actual performance will be an analysed ageing report of debtors. A target for
occupancy level is set at 85 per cent which will be indicated by the staff occupancy rate report from
the PeopleSoft management system. The achievement of funding objective ascribes to interventions to
debt collection and improvement of cash flow, generating sufficient surplus, limit the increases in audit
tariffs, and evaluating and testing the appropriateness of implementing the planning and budgeting tool
in the PeopleSoft Enterprise Resource Planning (PSERP). The predetermined objectives of the AGSA
are presumed to be effective because they are specific, measurable, targeted and tied to a deadline.
4. BUDGET
The AGSA’s budget is an itemised forecast of income and expenditure for 2012/13 financial year. The
main purpose of budgeting is that the AGSA estimates whether it can continue to operate with its
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projected income and expenses. Moreover to determine whether the AGSA will make a surplus or
suffer a deficit at the end of the financial year.
Section 38(1) of the PAA requires that the affairs of the AGSA must be conducted in accordance with
a budget and business plan prepared by the AGSA for each financial year which must include
estimates of revenue and expenditure, for the year to which it relates.
In order to adhere to the requirements of the section 38(1) of the PAA, the AGSA compiled and
attached its budget to the strategic plan for 2012/13 financial year. The AGSA indicates the financial
highlights in its budget document as follows:
Item
Revenue
Less: direct audit cost
Gross profit
Add: other income
Less: other expenses
Net surplus for 2012/13 financial year
Rands
2,226,031
(1,545,969)
680,062
73,546
(707,609)
45,999
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Revenue – is income that the AGSA receives from its audit service, usually from the audit fees. In
AGSA’s context revenue includes own hours revenue, and contract work revenue which is projected to
R2.2 billion for the 2012/13 financial year.
Direct costs – are the expenses that are directly attributed to audit service in the perspective of the
AGSA which is projected to R1.5 billion for the 2012/13 financial year.
Gross profit – in the AGSA’s context gross profit is a variance between revenue and the cost of
providing audit service, before deducting overhead (indirect cost), taxation, and interest payment
which is projected to R680 million for the 2012/13 financial year.
Other income – is income from the AGSA’s activities other than audit service (audit fees) such as
investment interest, foreign exchange gains, and profit from the sale of non-inventory assets which is
estimated to R73.5 million in the 2012/13 financial year.
Other expenses – are the expenses that are not related to audit service such as interest expense, and
administrative expenses which are projected to R707.6 million.
Net surplus – is a profit remaining after subtracting the operating expenses, and interest payment
which is estimated to R46 million or 2.07 per cent for the 2012/13 financial year.
The following upward adjustments on human resource related compensation:

Bonus provision amounting to R22.58 million;

Leave provision amounting to R2.5 million;

Group life cover amounting to R0.5 million;

Unemployment Insurance Fund (UIF) amounting to R0.4 million; and
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
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Long service award amounting to R4.2 million.
5. RECOMMENDED AUDIT TARIFFS
Section 23(1) of the PAA requires the AGSA determines the basis for the calculation of audit fees to
be recovered from auditees in respect of audits performed by the AGSA, after having consulted the
oversight mechanism (the Committee) and the National Treasury.
Adhering to section 23(1) of the PAA, the AGSA recommended increase of tariffs rate in its strategic
plan for 2012/13 which is calculated based on average staff costs per band and interval, mark up factor
and recoverable hours. Despite the fact that the AGSA set a target of 2.07 per cent of revenue to
achieve net surplus in 2012/13 the AGSA discounted its tariff rate from 7.1 per cent market rate to 5.6
per cent by 1.5 per cent amounting to R40.5 million. The increase in the average charge rate is
determined by salary increase of 8.6 per cent in 2012/13 compared to 8.12 per cent for 2011/12. The
5.6 per cent of audit tariffs adjustment is influenced by the average staff costs per band and interval,
mark up factor and recoverable hours.
6. AUDIT DIRECTIVES
Section 13(1) of the PAA requires that the AGSA, after consulting the oversight mechanism, must
determine:

The standards to be applied in performing audits which the AGSA must perform or opts to
perform;

The nature and scope of such audits; and

Procedures for the handling of complaints when performing such audits.
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Section 13(2) of the PAA regulates that in setting standards the AGSA must take into account all
relevant factors, including:

Best auditing practices, both locally and internationally; and

The capacity of the AGSA and the auditing profession to comply with those standards.
Section 13(3) of the PAA requires that the AGSA may:

Make different determinations on audit standards to be applied, nature and scope of audit, and
procedures for the handling of complaints when performing audit for different categories of
audits based on recognised best practice; or

Issue specific directives on these matters in any specific case.
The AGSA attached the General Notice XX of 2011(audit directive document) to the strategic plan for
the 2012/13 financial year for consideration by the Committee as required by section 13(1) of the
PAA.
7. CONCLUSION
The increase on AGSA’s budget and audit tariffs are driven by the cost of upward adjusted targets of
predetermined objectives and the vision of AGSA in 2012/13.
It should be noted that the AGSA was nominated as a worthy recipient of the prestigious Jorg
Kandutsch Award at the XX International Conference of Supreme Audit Institutions (INCOSAI) held
in Durban in November 2010. INTOSAI presents the Jorg Kandutsch Award to a SAI that
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distinguishes itself through significant achievements and contributions in the field of public auditing.
The Committee congratulates the AGSA on this achievement.
8. RECOMMENDATIONS
The Committee makes the following recommendations:

That the House approves the Strategic Plan and Budget 2012-2013 of the Auditor-General of
South Africa;

That the House approves the AGSA Audit tariffs schedule for the 2012/2013 financial year
and

That the House approves the AGSA Audit directive for the 2012/2013 financial year.
Report to be considered.
4. Report of the Committee on the Auditor-General on the Annual Report of the AuditorGeneral for the 2010/11 financial year, dated 11 November 2011.
The Committee on the Auditor-General, having considered the Annual Report of the Auditor-General
the 2010/2011 financial year, report as follows:
1. INTRODUCTION
The Constitution of the Republic of South Africa (Act No. 108 of 1996) requires state institutions
supporting democracy to be accountable to the National Assembly (NA), and to report on their
activities and the performance of their functions to the Assembly at least once a year. In addition,
section 10(1) of the Public Audit Act (PAA) No. 25 of 2004 requires the Auditor-General of South
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Africa (AGSA) to report annually to the National Assembly on his or her activities and the
performance of his or her functions.
The NA established the Committee on the Auditor-General (the Committee) as an oversight
mechanism to monitor the performance of the Auditor-Genera of South Africa. The AGSA’s annual
report forms a significant part of this Committee’s responsibility in meaningfully overseeing the
performance of AGSA’s Office.
The Auditor-General of South Africa is the Supreme Audit Institution of the Country. Section 181 (1)
(e) of the Constitution establishes the AGSA as the institution that strengthens constitutional
democracy in South Africa. The governing principle vested upon the AGSA by section 181 (2) of the
Constitution states that the AGSA is independent, and subject only to the Constitution and the law, and
it must be impartial and must exercise its powers and perform its functions without fear, favour or
prejudice. Section 4 of the Constitution prescribes that no person or organ of state may interfere with
the functioning of the AGSA. Section 181 (5) of the Constitution provides that AGSA is accountable
to the National Assembly (NA), and must report on its activities and the performance of its functions
to the NA at least once a year. Section 181 (3) of the Constitution requires that one of the organs of
state, through legislative and other measures , must assist and protect the AGSA to ensure the
independence, impartiality, dignity and effectiveness of the AGSA. Hence, the mandate of the
Committee, it stems from section 181 (3) of the Constitution. The mandate of the Committee is to
assist and protect the AGSA to ensure its independence, impartiality, dignity and effectiveness.
1.1 Statutory functions of the AGSA
The mandate and functions of the AGSA are prescribed in the Constitution. Section 188 (1) of the
Constitution states that the AGSA must audit and report on the accounts, financial statements and
financial management of all national and provincial state departments and administrations; all
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municipalities, and any of the institutions or accounting entities required by national or provincial
legislation to be audited by the AGSA.
The AGSA has the additional powers and functions prescribed by national legislation (Public Audit
Act 25 of 2004). The Public Audit Act 25 of 2004 (PAA) - gives effect to the provisions of the
Constitution which is establishing and assigning functions to the Auditor-General to provide for the
auditing of institutions in the public sector; to provide for accountability arrangements of the AGSA;
to repeal certain obsolete legislation; and to provide for matters connected therewith.
1.2 Corporate governance structures of the AGSA
Corporate governance refers to the process and structures for overseeing the direction and management
of the AGSA in order to carry out his or her mandate and objectives effectively. The legislative
framework for the governance and accountability systems of the AGSA is set out in the Constitution
and the PAA. Governance structures in the context of the AGSA comprise of the Committee, Audit
Committee (AC), Executive Committee (EXCO), Remuneration Committee (Remco) and Quality
Control Assessment Committee (QCAC).
The Committee was established in terms of section 55 (2) (a), and (b) (i) (ii) of the Constitution which
prescribes that the NA must provide for mechanism - to ensure that all executive organs of state in the
national sphere of government are accountable to it; and to maintain oversight of any organ of state.
Therefore, the Committee was established in terms of the constitution and the Rule 208A of the NA.
Section 10 (3) of the PAA requires that the NA must provide for a mechanism to maintain oversight
over the AGSA in terms of section 55 (2) (b) (ii) of the Constitution. The governance functions of the
Committee are indicated as follows:
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The Committee must consult the person recommended in terms of section 193 of the Constitution
for appointment as AGSA and make recommendation to the President for the determination of the
conditions of employment of that person, including an appropriate salary, allowance and other
benefits (Section 7 (1) of the PAA);

must maintain oversight over the AGSA. (Section 10 (3) of the PAA);

must be consulted by the AGSA before, the AGSA issue a code of conduct for authorised auditors
(Section 12 (3) of the PAA);

The AGSA must consult the Committee before it determines the standards for audit (Section 13 (1)
of the PAA);

The AGSA must consult the Committee after the AGSA determined the basis for calculation of
audit fee (Section 23 (1) of the PAA);

The AGSA after consulting the Committee must appoint a person with appropriate qualifications
and experience as the Deputy Auditor-General (Section 31 (1) of the PAA);

The AGSA must at least six months before the start of financial year submit its budget and
business plan to the Committee for consideration (Section 38 (2) of the PAA);

The AGSA must submit the annual report, the financial statements, and the audit report on those
statements within six months after the financial year to the Committee and the Speaker of the NA
for tabling in the NA (Section 41 (1) of the PAA);
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The AGSA may, after consultation with the National Treasury and by agreement with the
Committee, at the end of a financial year, retain for working capital and general reserve
requirements, any surplus as reflected in the financial statements or a portion thereof. The portion
of a surplus not retained must be paid into the National Revenue Fund (Section 38 (4) of the PAA);
and

The Committee must annually appoint an independent external auditor to audit the accounts,
financial statements, and financial statements, and financial management and performance
information of the AGSA (Section 39 of the PAA).
Audit Committee – Section 40 (1) of the PAA requires that the DAG must establish an audit
committee and appoint its members in consultation with the AGSA. Contemplated in section 43 (3)
(b) (ii) of the PAA states that the AGSA must maintain a system of internal audit under the control and
direction of an audit committee. The Audit Committee must in the annual report comment on – the
effectiveness of internal control; and its evaluation of the AGSA’s annual financial statements; and it
may communicate any concerns it may have to the AGSA, external auditor of the AGSA and the
Committee (Section 40 (6) (a) and (b) of the PAA).
Executive Committee – The PAA gives both the AGSA and the DAG the authority to delegate any
power and duty assigned to them to any member of staff. The Executive Committee was established to
assist the DAG to manage the business and affairs of the organisation in terms of the delegation of
authority as per the AGSA’s management approval framework. The Executive Committee is
composed of the DAG as chairperson and the corporate executives, meets on average eight times
during the year and holds special meetings at regular intervals. The Executive Committee focuses on
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reviewing and directing the implementation of the AGSA’s business and strategic plans throughout the
year.
Remuneration Committee – Human resource management and related issues, including terms and
conditions of employment, must be dealt with in accordance with generally accepted human resource
practice and applicable labour legislation through appropriate management, consultative and, where
applicable, negotiation processes. [section 35 of the PAA] Therefore, the AGSA established the
Remuneration Committee (Remco) to provide specialised advice on remuneration and related issues.
This Committee plays an advisory role and the final decision-making power rests with the AGSA.
Remco reviews and makes recommendations on the following issues:

General trends and practices regarding employment benefits, including the structuring of
conditions of employment and remuneration packages;

The framework or broad policy for the remuneration of executive and senior management;

Targets and rules for any performance-related pay schemes, whether current or proposed.

General Salary increase; and

Any other human resource management issue which the AGSA may wish to table for
discussion.
Note: Remco also advises the Committee on the AGSA’s conditions of employment.
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Quality Control Assessment Committee is an internal oversight body that assists the AGSA and
DAG to accomplish their responsibilities in implementing a system of quality control in the AGSA.
Its mandate stems from the policy on monitoring of quality control to ensure adherence to standards as
per section 13 (1) (a) of the PAA, which states that the AGSA, after consulting the Committee, must
determine the standards to be applied in performing audits which the AGSA must perform in
accordance with section 11 of the PAA.
1.3 Accountability by the AGSA
Section 10 (1) of the PAA requires that, the AGSA must annually submit a report to the NA on his or
her activities and the performance of his or her functions, including:

The standards to be applied to audits as determined in terms of section 13 (1) of the PAA which
states that the AGSA, after consulting the oversight mechanism (the Committee).

The report of his or her overall control of the AGSA’s administration in terms of section 30 (2);
and

The annual report, the financial statements and the audit report on those statements in terms of
section 41 (1) which prescribes that the Deputy Auditor-General (DAG) must for each financial
year prepare an annual report and financial statements, including cash-flow information, which
fairly present the state of affairs of the AGSA, including its business, financial results,
performance against pre-determined objectives and financial position as at the end of the
financial year.
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Section 41 (5) requires that the AGSA must submit the annual report, the financial statements and the
audit report on those statements within six months after the financial year to which they relate to the
oversight mechanism (the Committee) and to the Speaker for tabling in the NA.
The main purpose of this report is to evaluate the AGSA’s performance as part of the Committee’s
oversight responsibility and a deepening understanding of key strategic and operational objectives
achieved, as set out in the strategic plan and budget of the AGSA.
2. ANALYSIS AND FINDINGS
2.1 Auditor-General’s remarks
The AGSA pointed out in his address to the Committee, that the auditing to build public confidence
has inspired the AGSA to stay focused and improve its business processes. He further emphasised that
the AGSA’s actions are driven by an appetite to realise good governance and clean administration, not
only for the benefit of auditors, but for the greater good of the country.
The AGSA appreciated the support of government in responding on time to AGSA’s invoices, as this
contributed positively to AGSA ability to carry out its mandate independently. The AGSA continue to
work with the provincial leadership to resolve the local government debt collection challenges that still
remain in some of the provinces.
The AGSA highlighted that AGSA’s centenary milestone is yet another testimony to the capacity that
has developed over the years to sustain the mission and constitutional mandate of the AGSA with
renewed levels of excellence. These are outstanding contributions that gave rise to the nomination of
the AGSA as a worthy recipient of the prestigious Jorg Kandutsch Award at XXth International
Conference of Supreme Audit Institutions (INCOSAI) in November 2010. The International
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Organisation of Supreme Audit Institutions (INTOSAI) presents this award to a Supreme Audit
Institution (SAI) that distinguishes itself through significant achievements and contributions in the
field of public auditing. The recipient must have a sound organisational structure and innovative
working methods; adhere to INTOSAI’s Strategic Plan; obtain positive results by introducing effective
audit systems of public revenues and expenditures; and assist other INTOSAI members.
2.2 Deputy Auditor-General’s Role
The Deputy Auditor-General (DAG) is the Accounting Officer in the administration of the AuditorGeneral. (Refer to section 43(1) of the PAA). The DAG in his review report to the Committee stressed
that the overall objective of independent audits is to make a difference in the lives of citizens by
contributing to trust, efficiency and effectiveness. Therefore, an independent and effective SAI is
accordingly a necessary precondition for democracy.
Since his appointment in 2007, he has been responsible for the overall performance of AGSA and
directly accountable to the AGSA. The DAG appreciated the fact that AGSA’s performance over the
past year was exemplary and also acknowledged the support, cooperation and guidance received from
AGSA’s oversight structures during the financial year.
2.3 Non-financial performance
The non-financial performance in this report is based on measuring actual performance against targets
set on the following predetermined objectives as indicated in the AGSA’s strategic plan for 2010/11
financial year:
14 FEBRUARY 2012
PAGE: 335 of 447
2.3.1 Simplicity, clarity, and relevance of message of the AGSA’s reports – committing to this
objective adhere to INTOSAI framework for communicating and promoting the value and benefits of
Supreme Audit Institutions.
For the 2010/11 financial year, the AGSA set a target at 100 per cent to achieve this objective. At the
end of the year under review, the AGSA achieved this target by 100 per cent. The achievement is
indicated by commitments from different stakeholders, including legislative oversight, the executive,
accounting officers and coordinating ministries, to address the root causes of audit outcomes.
2.3.2 Visibility of Leadership – The AGSA committed to fundamental requirement 13 of INTOSAI,
as the AGSA promised to improve visibility of its leadership to stakeholders through clear
communication.
The performance target for the year under review was set at 100 per cent to achieve high-quality, value
adding stakeholder interactions. The AGSA achieved the target as promised in the strategic plan for
the 2010/11 financial year.
The fulfilment of this objective is shown by annual PFMA and MFMA road-shows that the AGSA
leadership shared the audit outcomes of PFMA and MFMA audit cycles with both the executive and
legislative arms of government as well as structures such as the Association of Public Accounts
Committees (APAC), the South African Local Government Association (SALGA) and the Speakers’
Forum.
2.3.3 Leading by example – The AGSA promised to lead by example on matters of risk management,
internal controls, transformation and quality and timeliness of the AGSA’s products as encouraged by
fundamental requirement 11 of INTOSAI.
14 FEBRUARY 2012
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Targets were as follows:

A target set was to achieve clean audit report by the AGSA and the clean audit report was
achieved. The achievement is proven by an independent assurance on risk management
measures, internal and external auditors reviewed the adequacy and effectiveness of the
AGSA’s processes, policies and controls. The AGSA’s measures to track audit findings
ensured that all corrective actions were implemented timorously, thus reduced the rate of
repeating audit findings from internal and external auditors.

Another target was set at level 4 rating for achievement of identifying Broad Based Black
Economic Empowerment (BBBEE). The target was exceeded as the AGSA achieved level 3
contributions to BBBEE. This achievement is indicated by the certification of Empowerdex
which evaluates the contribution to BBBEE. Committing to developmental role in the auditing
profession, the AGSA increased its actual spending on private firms by 7 per cent to R543
million, of which 57 per cent was spent on the growth and development of small and medium
accounting and auditing firms.

Another target was set at 85 per cent on regulatory audit for adhering to quality standards. But
the AGSA did not achieve the target as its performance fell to 77 per cent that is below 85 per
cent target which was set for the 2010/11 financial year. However, 77 per cent achievement is
still above the industry benchmark of 75 per cent. The challenge in achieving the target was the first-time implementation of clarified international standards on auditing, which required
new working papers. In addition, municipalities implemented the full Generally Recognised
Accounting Practice (GRAP) framework and audited for the first-time on reporting against
predetermined objectives.
14 FEBRUARY 2012

PAGE: 337 of 447
Another target was set at 90 per cent for auditing and submission of PFMA reports to comply
with statutory and legislative deadlines by the AGSA. The AGSA exceeded the target as
achieved 96 per cent of PFMA audit reports within the legislated timeframe. The achievement
is evidenced by the completion and submission of PFMA audit reports within two months of
receipt of the financial statements by AGSA as required by section 40(2) of the PFMA.

A target was also set at 90 per cent for auditing and submission of MFMA audit reports to
comply with statutory and legislative deadlines by the AGSA. The AGSA exceeded the target
by 7 per cent as completed 97 per cent of MFMA audits within the legislated timeframe.
Achievement of this target is indicated by a number of audits that were completed and
submitted to the accounting officers within three months of receipt of the municipal financial
statements by the AGSA as required by section 126(3) of the MFMA.

For investigations a target was set at 95 per cent, but the actual performance fell below at 50
per cent, the target was not achieved.
2.3.4 Strengthen human resources - The AGSA promised in 2010/11 strategic plan to strengthen its
human resource strategy, with particular focus on the comprehensive trainee auditor scheme in line
with fundamental requirement 10 of INTOSAI for service excellence and quality considerations. The
AGSA also planned to attract and retain more women in senior positions and persons with disability
across all levels of the organisation.
Target was set at 80 per cent of occupancy levels. This target was exceeded as the AGSA achieved 89
per cent. The achievement ascribed mainly to the establishment of a Recruitment Centre of Excellence
to deal with scarce skills in the auditing environment, a trainee auditor retention strategy and a
14 FEBRUARY 2012
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comprehensive salary benchmarking in the market. Achievement also attributed to increased numbers
of audit professionals who passed their final qualifying examinations and completed their practical
experience by 73 per cent from the 2009/10 financial year.
2.4 Financial performance
With regard to financial performance, the following were noted:
2.4.1 Funding model – Management committed to run the organisation economically, efficiently and
effectively and in accordance with laws and regulations to ensure financial sustainability and report
publicly on these matters. This commitment adheres to fundamental requirement 8 of transparency and
accountability derived from INTOSAI framework for communicating and promoting the value and
benefits of SAIs.
Furthermore, the following was noted with respect to financial management:

Net surplus – a target was set at 4 per cent (R69 million) for the 2010/11 financial year. The
target was exceeded by 3.2 per cent as the AGSA achieved 7.2 per cent (R133 million). This is
a great achievement compared to R99 million achieved in 2009/10 financial year.

Debt collection is still a challenge – the following table indicates major categories of debtors
excluding accrual debts that are maturing after 31 March 2011:
Auditee
Rm
Days outstanding
National departments
44
13
14 FEBRUARY 2012
PAGE: 339 of 447
Provincial departments
94
27
Local departments
159
204
Statutory bodies
47
91
Total amount
R344
Source: The AGSA (2011)
The above table highlights that these auditees should have paid the amounts of audit fees that
are indicated in the second column before 31 March 2011 as they already overdue by the
number of days that are reflected in the last column.

Credit payment terms – the AGSA committed to pay its creditors within 45 days in the
2010/11 financial year. The actual performance indicates that the AGSA honoured its creditors
within 34 days exceeding the target committed to by 11 days. Given the number of days which
audit fees are outstanding, it could be a risk that the AGSA is exposed to run short of cash as
the AGSA pays its creditors within 34 days compared to overdue audit fees by 13, 27, 91 and
204 days.
2.4.2 Financial position – the information was extracted from the audited balance sheet (statement of
financial position) of the AGSA. The statement of financial position summarises the finances of the
AGSA as at the end of the 2010/11 financial year as follows:
Item
R’000
Non-current assets
76,362
Current assets
717,033
Total assets
793,395
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The non-current assets, of the AGSA include property, plant and equipment owned and leased which
their values are stated at cost less accumulated depreciation and adjustment for any impairment
(defect) over the estimated useful life as follows:

Computer equipment approximately 3 to 6 years;

Motor vehicles at 5 years;

Furniture and fittings approximately 6 to 15 years;

Notebooks about 3 years;

Office equipment about 3 years; and

Leasehold improvements over the period of the lease.
The depreciation charge for each period is recognised in the statement of comprehensive income.
Certain items of communication equipment are leased for a period of two years. The average lease
amounts to R272, 581 per month in 2011.
Certain items of office equipment are leased for a period of three years at the average lease payments
of R214, 533.
The AGSA has operating leases for all of the premises occupied by its head office and regionally
based staff in the major centres of the country. The office premises are leased for periods between two
and 13 years. The average lease amounts to R3, 075,588 per month in 2011 and is expected to escalate
to between 6.5 percent and 10 percent per annum.
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The AGSA also attained computer software licences (categorised under intangible assets) which are
carried at cost less any accumulated amortisation (pay-off) and any impairment losses. Amortisation
on cost is provided to write down the intangible assets over their useful lives as follows:

Enterprise resource management system – PeopleSoft approximately 14 years; and

Other software for the period of 3 years.
Current asset is an asset in the balance sheet which can either be converted to cash or used to pay
current liabilities within 12 months. It includes cash, cash equivalents, short term investments,
receivable and inventory.
Equity amounted to R341 143 000 and is the balance after all debts and obligations have been paid off.
It includes outstanding debts that can be converted to cash in a short period of time or within a year.
Item
R’000
Non-current liabilities
82,254
Current liabilities
369,998
Total liabilities
452,252
Total equity and liabilities amounted to R793 395 000.
14 FEBRUARY 2012
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2.4.3 Working capital – is the amount of money that an organisation has on hand or it will have in a
given year. Working capital is calculated by subtracting current liabilities from current assets as
reflected in the audited balance sheet of the AGSA for the 2010/11 financial year. The current
liabilities of the AGSA includes the value of trade and other payables, provisions and finance lease
obligation for the 2010/11 financial year and subtracted from the current assets which includes the
value of trade and other receivables and cash and cash equivalents, calculated as follows:
Item
Current assets
Less: Current liabilities
Net current assets
R’000
717,033
(369,998)
347,035
The working capital includes managing the relationship between the AGSA’s short-term assets and its
short-term liabilities. The objective in calculating the working capital was to determine whether the
AGSA is able to continue its operations and that it has sufficient cash flow to satisfy its maturing debt
and upcoming operational expenses in the 2011/12 financial year. A positive net current asset indicates
that the AGSA will not have difficulty in financing its debts and day-to-day operations.
2.4.4 Comprehensive income – with reference to the audited income statement (statement of financial
performance) of the AGSA the purpose is to highlight the financial performance of the AGSA in the
2010/11 financial year as indicated in their income statement and it is summarised as follows:
14 FEBRUARY 2012
Item
Revenue
Less: Direct audit cost
Gross profit
Add: Contribution to overheads
Total gross profit and contribution to
PAGE: 343 of 447
R’000
1,850,432
(1,298,188)
552,244
36,738
588,982
o/heads
Less: Indirect cost
(502,794)
Surplus from operations
86,188
Add: Interest received
56,541
Total surplus from operations and
142,729
interest received
Less: Interest paid
Net surplus for 2010/11
Source: the AGSA (2011)
The total comprehensive income, as at 31 March 2011, was R113 117 000.
(9,612)
133,117
14 FEBRUARY 2012
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The AGSA rendered the international services in 2010/11 financial year and accumulated 1 per cent of
total revenue. This is an achievement due to the fact that the AGSA policy directive requires that
service rendered internationally should not exceed 5 per cent of the total revenue. The AGSA recorded
R133 million net surpluses as at 31 March 2011. The income statement indicates how much money the
AGSA generated and how well is performing. The high operating surplus means the AGSA has
effective control of costs.
2.4.5 Statement of changes in equity – the objective of the statement of changes in equity is to
demonstrate the movement in balances included in equity. The opening balance which is the closing
balance of previous year agrees to the previous year’s (2009/10) audited financial statements. The
closing balance for the year under review must also agree to the amounts reflected in the statement of
financial position as per the following table:
Item
General
Special
Retained
Reserve
audit
earnings/
services
(accumulated
reserve
loss)
Rm
Rm
Rm
Opening
Total
Rm
129,412
4,964
(25,515)
108,861
(25,515)
-
25,515
-
balance at 1
April 2009
Transfer of
accumulated
loss to reserves
14 FEBRUARY 2012
PAGE: 345 of 447
Total
comprehensive
-
99,165
99,165
103,897
4,964
99,165
208,026
-
-
133,117
133,117
103,897
4,964
232,282
341,143
-
Income for
2009/10
Balance at
31 March 2010
Total
comprehensive
Income for
2010/11
Balance at
31 March 2011
Source: The AGSA (2011)
A fund set aside to finance special investigations or audits for which the AGSA may not be able to
recover the cost from a specific auditee. The special audit services reserve amount of R4, 964 has not
been increased in the 2010/11 financial year. The AGSA indicated that the former Audit Commission
instructed that the reserve should not be increased before further guidance is provided by the
Committee which is established in terms of section 55 (b) (ii) of the Constitution. It prescribes that the
NA must provide for mechanism to maintain oversight of any organ of State.
The AGSA’s current funding model was introduced in April 2009; it has proven to be successful.
14 FEBRUARY 2012
PAGE: 346 of 447
2.5 Financial Risk
Financial risk is an umbrella term for any risk associated with any form of financing, including the
following:
2.5.1 Foreign exchange risk – the AGSA delivers a small portion of its audit services based on fixed
sum contracts in foreign currencies. Trade accounts receivable include receivables of Euro 21,161 in
the 2010/11 financial year in respect of services delivered in foreign currencies not hedged by forward
exchange contracts. These balances have been translated at the year-end exchange rate of Euro 1 equal
to R9.5286 in 2011 and Euro equal to R9.8329 in 2010. Included in the bank balances at 31 March
2011 is an amount of 471,249 USD, in 2010 2,429,484 USD. These balances have been translated at
the year-end exchange rate of 1 USD equal to R6.7713 in 2011 and 1 USD equal to R7.3249 in 2010.
The AGSA indicated that its policy does not take out forward cover on foreign exchange transactions.
2.5.2 Credit risk – credit risk is also called default risk that is the risk associated with a debtor going
into default (not paying as promised). The creditor’s loss of receivables and interest result to decrease
in cash flow, and increased the collection costs.
The AGSA indicated that financial assets which potentially subject the AGSA to concentrations of
credit risk consist principally of cash and short-term deposits which are placed with a financial
institution with a short-term deposit credit rating of F-2 as well as with the Public Investment
Corporation.
14 FEBRUARY 2012
PAGE: 347 of 447
The Public Investment Corporation is wholly owned by the South African Government and invests
fund on behalf of public sector entities based on investment mandates set by each client and approved
by the Financial Service Board.
Trade receivables are presented net of the allowance for doubtful receivables. Credit risk with respect
to trade receivables is limited to some degree to the constitutionally entrenched audit mandate of the
AGSA. However, the AGSA has a significant concentration of credit risk with local government.
All financial assets are unsecured. The carrying amount of financial assets included in the statement of
financial position represents the AGSA’s exposure to credit risk in relation to these assets.
Investment in the Public Investment Corporation is governed by the AGSA’s investment strategy
which requires 95 per cent of funds to be invested in conservative money market instruments where
the initial capital investment is guaranteed and the balance is cash.
The analysis of debtors that are 30 days and over for 2011 and 2010 are indicated as follows:

R165,558,000 in 2011 and R155,003,000 in 2010 of debtors, comprising 42.4 per cent in 2011
and 41 per cent in 2010 of total debtors in areas; and

Local government arrears comprise R123, 953,000 in 2011, and R98, 405,000 in 2010 or 74.9
per cent in 2011, and 63.5 per cent in 2010 of total arrears.
2.5.3 Interest rate risk – the AGSA is also exposed to interest rate risk and effective interest rates on
financial instruments include the following:
14 FEBRUARY 2012

PAGE: 348 of 447
Assets – trade and receivables and cash in current accounts and call account in PIC investments
and foreign investment. The total financial assets that amounts to R717, 033; and

Liabilities – interest bearing borrowings, trade and other payables. The total financial liabilities
amount to R333, 972.
2.5.4 Liquidity risk – the AGSA has substantial cash balances at its disposal and minimum long-term
debt which limits liquidity risk. Budgets are prepared on an annual basis to ensure liquidity risks are
monitored.
3. CONCLUSION
The AGSA has substantially achieved its targets in both non-financial and financial performance in the
2010/11 financial year. The independent auditor audited the predetermined objectives and the
financial statement of the AGSA and expressed its opinion indicating that both predetermined
objectives and the financial statement were fairly presented, in all material respects in accordance with
the predetermined criteria and the regulatory requirements. The Audit Committee also expressed
appreciation to the AGSA, DAG and management team for their dedication and support in improving
the AGSA’s internal control environment.
The AGSA subjected itself to review by the Independent Regulatory Board for Auditors (IBRA) for
ensuring that developments in auditing, accounting and training take the AGSA’s public sector needs
into consideration. Therefore a positive independent opinion confirms that information reported by the
AGSA was credible.
14 FEBRUARY 2012
PAGE: 349 of 447
The Committee, having considered the surplus achieved by the AGSA for the 2010/11 financial year,
hereby approves the said surplus.
4. RECOMMENDATIONS
The Committee makes the following recommendations, that:

the South African Local Government Association (SALGA) requests its affiliates to pay all
outstanding audit fees owed to the Auditor-General of South Africa (AGSA) within the
prescribed period.

the AGSA provides the Committee with a detailed analysis on local government debtors
including bad debt provisions and total debtors, on a quarterly basis;

the AGSA continues with engaging the National Treasury, Cooperative Governance and
Traditional Affairs (CoGTA), provincial leadership and non-paying auditees, in the current
initiative to improve the collection of audit fees; and

the AGSA retains the surpluses achieved of R232 million for the 2009/10 and 2010/11
financial years in order to partially fund current projects.
Report to be considered.
FRIDAY, 20 JANUARY 2012
ANNOUNCEMENTS
14 FEBRUARY 2012
PAGE: 350 of 447
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1.
Assent by President in respect of Bills
(1) South African Post Office SOC Ltd Bill [B 2D – 2010] – Act No 22 of 2011 (assented to
and signed by President on 14 December 2011).
TABLINGS
National Assembly and National Council of Provinces
1.
The Minister of International Relations and Cooperation
(a)
Partnership Framework Agreement between the Republic of South Africa and United
Nations Development Programme, tabled in terms of section 231(3) of the Constitution,
1996.
(b)
Explanatory Memorandum on the Partnership Framework Agreement between the Republic
of South Africa and United Nations Development Programme.
2.
The Minister of Police
14 FEBRUARY 2012
(a)
PAGE: 351 of 447
Proclamation No 48 published in the Government Gazette No 34608 dated 19 September
2011: Notification by President in respect of entities identified by the United Nations
Security Council, made in terms of section 25 of the Protection of Constitutional
Democracy against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in
terms of section 26 of the Act.
(b)
Proclamation No 52 published in the Government Gazette No 34625 dated 22 September
2011: Notification by President in respect of entities identified by the United Nations
Security Council, made in terms of section 25 of the Protection of Constitutional
Democracy against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in
terms of section 26 of the Act.
(c)
Proclamation No 53 published in the Government Gazette No 34626 dated 22 September
2011: Notification by President in respect of entities identified by the United Nations
Security Council, made in terms of section 25 of the Protection of Constitutional
Democracy against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in
terms of section 26 of the Act.
(d)
Proclamation No 57 published in the Government Gazette No 34660 dated 6 October 2011:
Notification by President in respect of entities identified by the United Nations Security
Council, made in terms of section 25 of the Protection of Constitutional Democracy against
Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of
the Act.
National Assembly
14 FEBRUARY 2012
1.
PAGE: 352 of 447
The Speaker
(a)
The President of the Republic submitted the following letter dated 15 December 2011 to the
Speaker of the National Assembly, informing members of the Assembly of the employment
of the South African National Defence Force Service in co-operation with the South
African Police Service in the prevention and combating of crime and maintenance and
preservation of law and order within the Republic of South Africa during the 2011/2012
festive season.
EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE
SERVICE IN CO-OPERATION WITH THE SOUTH AFRICAN POLICE SERVICE
This serves to inform the National Assembly that I authorised the employment of Seven
Hundred and Sixty Two (762) South African National Defence Force (SANDF) personnel
for service in co-operation with the South African Police Service in the prevention and
combating of crime and maintenance and preservation of law and order within the Republic
of South Africa during the 2011/2012 festive season.
This employment is authorised in accordance with the provision of section 201(2)(a) of the
Constitution of the Republic of South Africa, l996 read with Section 19 of the Defence Act
(Act No 42 of 2002).
The employment is for the period 01 November 2011 to 01 January 2012
14 FEBRUARY 2012
PAGE: 353 of 447
I will communicate this report to members of the National Council of Provinces and
members of the Joint Standing Committee of defence and wish to request that you bring the
contents hereof to the attention of the National Assembly.
Yours sincerely
signed
His Excellency Dr Jacob Gedleyihlekisa Zuma
President of the Republic of South Africa
(b)
The President of the Republic submitted the following letter dated 15 December 2011 to the
Speaker of the National Assembly, informing members of the Assembly of the employment
of the South African National Defence Force Service in co-operation with the South
African Police Service.
EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE
SERVICE IN CO-OPERATION WITH THE SOUTH AFRICAN POLICE SERVICE
This serves to inform the National Assembly that I authorised the employment of One
Hundred and One (101) South African National Defence Force (SANDF) personnel for
service in co-operation with the South African Police Service to secure the 17th United
Nations Framework Convention on Climate Change in Durban.
This employment is authorised in accordance with the provisions of section 201(2)(a) of the
Constitution of the Republic of South Africa, l996 read with Section 19 of the Defence Act
14 FEBRUARY 2012
PAGE: 354 of 447
(Act No 42 of 2002).
The employment was for the period 21 November to 11 December 2011
I will communicate this report to members of the National Council of Provinces and
members of the Joint Standing Committee of defence and wish to request that you bring the
contents hereof to the attention of the National Assembly.
Yours sincerely
signed
His Excellency Dr Jacob Gedleyihlekisa Zuma
President of the Republic of South Africa
(c)
The President of the Republic submitted the following letter dated 12 December 2011 to the
Speaker of the National Assembly, informing members of the Assembly of the employment
of the South African National Defence Force Service in fulfilment of the international
obligations of the Republic of South Africa towards the Democratic Republic of the Congo.
EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE FOR
SERVICE IN FULFILMENT OF THE INTERNATIONAL OBLIGATIONS OF
THE REPUBLIC OF SOUTH AFRICA TOWARDS THE DEMOCRATIC
REPUBLIC OF THE CONGO
14 FEBRUARY 2012
PAGE: 355 of 447
This serves to inform the National Assembly that I authorised the employment of One
Hundred and Four (104) South African National Defence Force (SANDF) personnel to the
Democratic Republic of the Congo to assist with the transportation and distribution of
ballot papers for the forthcoming Democratic Republic of Congo general elections
scheduled for 28 November 2011.
This employment is authorised in accordance with the provisions of section 201(2)(c) of
the Constitution of the Republic of South Africa, l996.
The employment is for the period 23 November to 07 December 2011.
I will communicate this report to members of the National Council of Provinces and wish
to request that you bring the contents hereof to the attention of the National Assembly.
Yours sincerely
signed
His Excellency Dr Jacob Gedleyihlekisa Zuma
President of the Republic of South Africa
WEDNESDAY, 25 JANUARY 2012
ANNOUNCEMENTS
National Assembly and National Council of Provinces
14 FEBRUARY 2012
PAGE: 356 of 447
The Speaker and the Chairperson
1.
Classification of Bills by Joint Tagging Mechanism (JTM)
(1)
The JTM in terms of Joint Rule 160(6) classified the following Bills as section 75 Bills:
(a)
General Intelligence Laws Amendment Bill [B 25 – 2011] (National Assembly –
sec 75).
(b)
Defence Amendment Bill [B 26 – 2011] (National Assembly – sec 75).
National Assembly
The Speaker
1.
Introduction of Bill
(1)
The Minister of Justice and Constitutional Development
(a)
Sheriffs Amendment Bill [B 2 – 2012] (National Assembly – proposed sec 75)
[Explanatory summary of Bill and prior notice of its introduction published in
Government Gazette No 34918 of 24 January 2012.]
14 FEBRUARY 2012
PAGE: 357 of 447
Introduction and referral to the Portfolio Committee on Justice and Constitutional
Development of the National Assembly, as well as referral to the Joint Tagging
Mechanism (JTM) for classification in terms of Joint Rule 160.
In terms of Joint Rule 154 written views on the classification of the Bill may be
submitted to the JTM within three parliamentary working days.
TABLINGS
National Assembly and National Council of Provinces
1.
The Minister of Finance
(a)
Government Notice No R. 895 published in Government Gazette No 34714 dated 28
October 2011: Amendment of Air Passenger Tax (APT/4), in terms of the Customs and
Excise Act, 1964 (Act No 91 of 1964).
(b)
Government Notice No R. 939 published in Government Gazette No 34741 dated 8
November 2011: Amendment of Rules (DAR/92), in terms of the Customs and Excise Act,
1964 (Act No 91 of 1964).
(c)
Government Notice No R. 928 published in Government Gazette No 34735 dated 11
November 2011: Amendment of Schedule No 4 (No 4/344), in terms of the Customs and
Excise Act, 1964 (Act No 91 of 1964).
14 FEBRUARY 2012
(d)
PAGE: 358 of 447
Government Notice No R. 929 published in Government Gazette No 34735 dated 11
November 2011: Amendment of Schedule No 1 (No 1/1/1431), in terms of the Customs
and Excise Act, 1964 (Act No 91 of 1964).
(e)
Government Notice No R. 995 published in Government Gazette No 34806 dated 2
December 2011: Amendment of Schedule No 1 (No 1/1/1434), in terms of the Customs and
Excise Act, 1964 (Act No 91 of 1964).
(f)
Government Notice No R. 996 published in Government Gazette No 34806 dated 2
December 2011: Amendment of Schedule No 1 (No 1/1/1435), in terms of the Customs and
Excise Act, 1964 (Act No 91 of 1964).
(g)
Government Notice No R. 997 published in Government Gazette No 34806 dated 2
December 2011: Amendment of Schedule No 3 (No 3/678), in terms of the Customs and
Excise Act, 1964 (Act No 91 of 1964).
(h)
Government Notice No R. 1027 published in Government Gazette No 34832 dated 7
December 2011: Exemptions from the application of the Preferential Procurement
Regulations, 2011, published in Government Notice No 502 of 8 June 2011, in terms of the
Preferential Procurement Policy framework Act, 2000 (Act No 5 of 2000).
(i)
Government Notice No R. 1035 published in Government Gazette No 34840 dated 15
December 2011: Amendment of Rules (DAR/94), in terms of the Customs and Excise Act,
1964 (Act No 91 of 1964).
14 FEBRUARY 2012
(j)
PAGE: 359 of 447
Government Notice No R. 1036 published in Government Gazette No 34840 dated 15
December 2011: Amendment of Schedule No 6 (No 6/679), in terms of the Customs and
Excise Act, 1964 (Act No 91 of 1964).
(k)
Government Notice No R. 1037 published in Government Gazette No 34840 dated 15
December 2011: Amendment of Schedule No 3 (No 3/679), in terms of the Customs and
Excise Act, 1964 (Act No 91 of 1964).
(l)
Government Notice No R. 1038 published in Government Gazette No 34840 dated 15
December 2011: Correction Notice: Amendment of Rules(DAR/95), in terms of the
Customs and Excise Act, 1964 (Act No 91 of 1964).
(m) Government Notice No R. 1039 published in Government Gazette No 34840 dated 15
December 2011: Amendment of Rules(DAR/93), in terms of the Customs and Excise Act,
1964 (Act No 91 of 1964).
(n)
Government Notice No R. 1040 published in Government Gazette No 34840 dated 15
December 2011: Amendment of Schedule No 1 (No 1/3B/15), in terms of the Customs and
Excise Act, 1964 (Act No 91 of 1964).
(o)
Government Notice No R. 1058 published in Government Gazette No 34854 dated 21
December 2011: Amendment of Schedule No 2 (No 2/340), in terms of the Customs and
Excise Act, 1964 (Act No 91 of 1964).
14 FEBRUARY 2012
(p)
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Government Notice No R. 1066 published in Government Gazette No 34859 dated 23
December 2011: Amendment of Schedule No 1 (No 1/1/1436), in terms of the Customs and
Excise Act, 1964 (Act No 91 of 1964).
(q)
Government Notice No R. 1067 published in Government Gazette No 34859 dated 23
December 2011: Amendment of Schedule No 1 (No 1/1/1437), in terms of the Customs and
Excise Act, 1964 (Act No 91 of 1964).
(r)
Government Notice No R. 1068 published in Government Gazette No 34859 dated 23
December 2011: Amendment of Schedule No 2 (No 2/341), in terms of the Customs and
Excise Act, 1964 (Act No 91 of 1964).
(s)
Government Notice No R. 1074 published in Government Gazette No 34859 dated 23
December 2011: Amendment of Rules (DAR/96), in terms of the Customs and Excise Act,
1964 (Act No 91 of 1964).
(t)
Government Notice No R. 1076 published in Government Gazette No 34877 dated 23
December 2011: Amendment: Regulations made under section 70 of the Short-term
Insurance Act, 1964 (Act No 53 of 1998).
(u)
Government Notice No R. 1077 published in Government Gazette No 34877 dated 23
December 2011: Amendment: Regulations made under section 72 of the Long-term
Insurance Act, 1964 (Act No 52 of 1998).
FRIDAY, 27 JANUARY 2012
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TABLINGS
National Assembly
1.
The Speaker
(a)
The President of the Republic submitted the following letter dated 19 January 2012 to the
Speaker of the National Assembly, informing members of the Assembly of the employment
of the South African National Defence Force for Service in co-operation with the South
African Police Service in the prevention and combating of crime and maintenance and
preservation of law and order within the Republic of South Africa during the 2011/2012
festive season: This letter replaces the letter from the President tabled on 20 January 2012.
EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE FOR
SERVICE IN CO-OPERATION WITH THE SOUTH AFRICAN POLICE SERVICE
This serves to inform the National Assembly that I authorised the employment of Seven
Hundred and Sixty Two (762) South African National Defence Force personnel for service
in co-operation with the South African Police Service in the prevention and combating of
crime and maintenance and preservation of law and order within the Republic of South
Africa during the 2011/2012 festive season.
This employment is authorised in accordance with the provisions of section 201(2)(a) of the
Constitution of the Republic of South Africa, l996 read with Section 19 of the Defence Act
(Act No 42 of 2002).
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The employment is for the period 01 November 2011 to 31 January 2012
I will communicate this report to members of the National Council of Provinces and
members of the Joint Standing Committee of Defence and wish to request that you bring
the contents hereof to the attention of the National Assembly.
The letter dated 15 December 2011 is hereby revoked.
With kind regards
signed
His Excellency Dr Jacob Gedleyihlekisa Zuma
President of the Republic of South Africa
COMMITTEE REPORTS
National Assembly
1. Report of the Ad Hoc Committee on the filling of vacancies in the Commission on Gender
Equality (CGE), dated 26 January 2012:
The Ad Hoc Committee on the filling of vacancies in the Commission on Gender Equality, having
considered the resolution of the House to identify nine (9) suitable candidates for filling of vacancies
in the Commission on Gender Equality, reports as follows:
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The Ad Hoc Committee received 175 nominations. On 11 January 2012, 15 candidates were
shortlisted to be interviewed; however one candidate withdrew leaving the Ad Hoc Committee to
consider 14 nominations, namely:
Ms Thoko Mpumlwana, Ms Joan Lorraine Landrew, Mr Wallace Amos Mgoqi, Ms Nondumiso
Maphazi Ranuga, Ms Sylvia Desiree Steven-Maziya, Ms Zandile Mxaku, Ms Janine Hicks, Ms
Ndileka Eumera Portia Loyilane, Mr Mfanozelwe Shozi, Ms Nomvuyiso Stofile, Ms Lulama Nare, Dr
Yvette Abrahams, Prof Amanda Gouws and Mr Mbuyiselo Albert Botha.
After having interviewed the above candidates in an open meeting at Parliament on 25 and 26 January
2012, the Ad Hoc Committee resolved that the House, in accordance with section 193 (5) of the
Constitution, 1996, recommends that the following candidates be appointed:
1. Mr Mfanozelwe Shozi
2. Ms Lulama Nare
3. Ms Sylvia Desiree Stevens-Maziya
4. Ms Janine Hicks
5. Ms Ndileka Eumera Portia Loyilane
6. Mr Wallace Amos Mgoqi
7. Ms Nondumiso Maphazi Ranuga
8. Ms Thoko Mpumlwana
9. Prof Amanda Gouws
Report to be considered.
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TUESDAY, 31 JANUARY 2012
TABLINGS
National Assembly and National Council of Provinces
1.
The Speaker and the Chairperson
(a)
The Strategic Plan and Budget of the Auditor-General of South Africa for 2012-2015 [RP
287-2011].
COMMITTEE REPORTS
National Assembly
CREDA INSERT - T120131e-insert1 – PAGES 110 - 131
2. REPORT OF THE PORTFOLIO COMMITTEE ON INTERNATIONAL RELATIONS AND
COOPERATION ON OUTREACH PROGRAM UNDERTAKEN ON 5 AUGUST 2010 AT
THE UNIVERSITY OF CAPE TOWN, DATED 23 FEBRUARY 2011
The Portfolio Committee on International Relations and Cooperation, having undertaken an outreach
program in the Western Cape Province with the University of Cape Town as the host, reports as
follows:
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1.
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The Delegation
The Committee’s multiparty delegation comprised the following Honourable Members:
African National Congress (ANC):
Nxesi, Mr TW
Koornhof, Dr GW
Magau, Ms RK
Sunduza, Ms TB
Democratic Alliance (DA):
Mubu, Mr KS
Support Staff
The support staff that accompanied the delegation comprised Ms B Ntshanga (Committee Secretary),
Ms L Mosala (Content Adviser), Mr M Mashaba (Researcher), and Ms S Goba (Committee Assistant).
The Department of International Relations and Cooperation was represented by Mr F Nacerodien,
Chief Director North America, and Mr E Kgopa, Parliamentary Liaison Officer. Dr S Zondi, Director:
Institute of Global Dialogue, attended as both a presenter and a facilitator of the workshop.
2.
Background and introduction
In the State of the Nation Address of 2008, President Zuma directed that South African foreign policy
be aligned to the country’s domestic priorities. In response, the Department of International Relations
and Cooperation (the Department) undertook to align its work in order to contribute to the national
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priorities, and at the same time, it pledged to undertake a process of developing a White Paper on
Foreign Policy, and establishing a consultative process with stakeholders in discussions of the foreign
policy and national interest. Furthermore, the Department had been criticised around the elitist nature
of foreign policy; and in response it rolled out a campaign to reach out to members of the public and
involve the people in activities of the Department. The Department has since rolled out its outreach
program in the provinces of Limpopo, Free State, Eastern Cape and Mpumalanga.
The Committee set out on a mission to find out how the Department was performing with regard to
linking foreign policy to national interest and domestic priorities; and whether the public was indeed
being engaged and informed of the activities of the Department in furtherance of its public diplomacy
program. The Western Cape Province became the second in the series of areas the Committee has set
itself in execution of its oversight mandate. The Committee chose to interact with the academia and
students of international relations, politics, economics, and law, from the Universities of Stellenbosch,
Cape Town and Western Cape. The University of Cape Town offered the venue.
In order to achieve its objective in establishing whether foreign policy was being aligned to domestic
priorities, the Committee agreed on a strategy informed by four parts, namely; democratic
accountability, public diplomacy, what constitutes foreign policy- national interest and intolerance
towards foreign nationals. The Committee’s objectives for the outreach programme were based on
these elements.
Democratic accountability: The Committee sought to establish the role and level of involvement of all
relevant sections of society in developing, scrutinising and enhancing the current international
relations policy, or foreign policy as it is traditionally known.
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Public diplomacy: This has been a communication medium for Government that is used to inform
both the local and international communities on foreign policy and trends that are influential to its
general orientation. The Committee sought to examine its effectiveness and impact in the international
arena, and whether there was effective engagement with non state actors (business, civil society and
general public) in the execution of foreign policy.
Foreign policy-national interest: The Committee sought to provide an opportunity for members of the
public to make their views known on what they regard as national interest, and whether the public
could establish a link between national interest, domestic priorities and foreign policy. The critical
issues the Committee sought answers to would be to probe whether in a diverse society like South
Africa, could national interest be easy to define.
Intolerance towards foreigners: The debate was thought to provide an opportunity and benefit of
varying views on how intolerance in its various forms, but particularly towards foreigners of African
origin, could be managed in the long term in order to maintain good relations with neighbouring
countries. The forum would assist identify some of the causes of xenophobia and propose short and
long term ways of handling the situation.
The Committee also expected to obtain feedback from the public on the following questions:

Whether the Department was fulfilling its mandate of aligning foreign policy to domestic
priorities and whether there is a link between national interest, domestic priorities and foreign
policy;

Whether the Department’s outreach imbizo campaigns were making the necessary impact on
their understanding of foreign policy and trends influential to it;
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
Whether there was sufficient engagement of non state actors;

To what extent the public appreciated international obligations South Africa has abroad (peacekeeping, post conflict reconstruction)?

To what extent people feel informed, do they identify with these policies and national
programs?

Would it be correct to label South Africans as xenophobic and how could the government and
people work together to achieve long term solutions?
3. Outline of the process
The Committee had a workshop at the University of Cape Town with students and lecturers from the
Universities of the Western Cape, Stellenbosch and Cape Town. The workshop provided a platform for
intellectual analysis of the current foreign policy initiatives and identified areas where focus was
needed in order to deal with trends influential to the foreign policy.
In opening the workshop, the Vice Chancellor of the University of Cape Town, Dr Max Price,
welcomed the Committee, and expressed appreciation for having been approached to host such a
workshop. He went further to commit the institution to continue with the close contact with Parliament
and offered to be a resource base for assisting with research and information on various topics as
needed.
In response, the Chairperson of the Portfolio Committee, Hon Nxesi, expressed his gratitude on behalf
of the Committee, for the Universities to have agreed to join in the debate on issues affecting South
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Africa’s activities in the international arena. He explained that, as a follow up to the Department’s
outreach program in the different provinces in the country, the Committee was conducting oversight to
establish to what extent the communities appreciated the South African foreign policy. The visit was
also in response to President Zuma’s directive that foreign policy must talk to domestic priorities.
Consequently, the Committee had identified topics to focus on when tackling the questions it needed
answered. The following were discussed:
4. Foreign Policy and national interest (South African Foreign Policy since 1994)
A number of successes and challenges were identified which contributed to the shaping of the policy
during the period in question. It was argued that the demise of apartheid brought about freedom of
choice of new policies and friends in the international arena. The greatest challenge was normalisation
of relations after decades of isolation and sanctions because of apartheid. Many treaties had to be
signed to bring back the country into the rules based world order. The country was recognised for
having extraordinary human resource, such as Tata Madiba, Archbishop Tutu, FW de Klerk to name a
few, who scaled up the image of the country post-apartheid era. The Truth and Reconciliation
Commission showed the country to have a unique moral power, and that experience became an
international good practice for other countries to learn from. South Africa was congratulated for
openly condemning 2001 terrorist attacks in the US, much as later it criticised the US for its ‘war on
terror’ campaign in Irag. As a result, the relations with the US had been fluid as the US became very
critical of South Africa’s stand on war on terror.
During the Mbeki era, South Africa was commended for being a reformist power, pushing for change
in international institutions like the United Nations, World Trade Organisation, and International
Monetary Fund; for the recognition of the voices of smaller economies of the world in decisions taken
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in those organisations. However, criticism was directed against pursuing reform, as it was seen as
fruitless in the long run. Pursuing the African Agenda for continental unity and maintenance of peace
was seen as progressive; the creation of NEPAD positioned South Africa as an agent of African
development, however it was felt that the pillars of NEPAD fell apart when US made her
developmental assistance conditional on support for her policy on war on terror. African Renaissance
as a policy was critically addressed as good to an extend but too ambitious and resulted in South Africa
being perceived as jostling for position to be a spokesperson for Africa. When the DRC joined SADC,
with perceived support from South Africa, it was seen as having dragged SADC into the Great
Lakes/Central Africa issues; Burundi was reported as a successful story for South Africa in conflict
resolution. The elitist approach to foreign policy, which was associated with that era, was highly
criticised.
The workshop recognised the focus on economic diplomacy evident under the Zuma’s Administration,
and that there was growing involvement of non-state actors in the conduct of foreign policy. It was
however cautioned that the country’s involvement under the India-Brazil-South Africa (IBSA)
arrangement was overstretched by a large number of sector specific committees created. It was
suggested that in order for the country to have impact in the forum, it could perhaps focus on specific
sectors like child labour, trafficking, disarmament.
With regard to the advancement of national interest, the Department explained that its interventions in
multilateral forums (eg AU, UN, WTO, ILO), though it would initially be informed by domestic
priorities, it was also compelled to respond to global trends dictated by globalisation and multilateral
movement in the ever changing world order.
Recommendations
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At the end of discussions under this topic, the following recommendations were made to the
Committee:
I. It was felt that in general, the public has little knowledge about the rest of the world, especially
the contribution neighbouring countries made towards the liberation of the black majority in
the country. Public education was mentioned as key to the much needed public support of the
policies, especially foreign policy, advanced by government. It was reported that the media was
not reporting on achievements of the policy.
II. It was recommended that South Africa should intensify its campaign to rekindle its
international identity, as it was perceived as a ‘bully’, and it was reported as creating jealousies
towards its endeavours internationally.
III. South Africa was seen as the new kid on the bloc, it was involved in a number of projects in
Africa, with very little accrued for the benefit of South Africans.
IV. The country was reported as having established its power and capacity of handling
international events and diligently dealing with the international community from the hosting
of the FIFA World Cup, and government was encouraged to ride on the success and
strategically position itself in the world stage to advance national interest.
V. Public diplomacy strategy should be enhanced, information about the policies and policy
positions to be taken or taken in multilateral for a must be communicated and people’s
contributions sought.
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VI. It was observed that partnerships under IBSA were characterised with economies on different
levels of development. South Africa’s economy was seen as behind those of India and Brazil.
In order to make an impact and benefit from the partnership, it was recommended that South
Africa should focus on two or three areas of cooperation, like drug or human trafficking, child
labour, and make a contribution which will mark its ability and competitiveness in the
relationship.
VII. The Committee was urged to caution the Department that in conducting foreign policy projects
elsewhere in the world, it be responsible and not neglect domestic priorities aimed at enhancing
the lives of people in South Africa.
5. Global Governance
Under this topic, the discussions were based on the country’s performance in multilateral issues,
especially in the United Nations, African Union and in other international platforms where issues of
global interest were being discussed.
Observations
During the discussions that ensued, the workshop made the following observations:
a. South Africa has had varying voting patterns in the United Nations, which have created
perceptions that the country was not consistent with its stance especially with regard to
human rights issues (Zimbabwe, Myanmar, Sudan);
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b. There had been very limited consultative process undertaken by government before
communicating a country position in a multilateral forum (not supporting a resolution
declaring rape as a weapon of war in Southern Sudan);
c. It was suspected that the country seemed to be weary of being embarrassed by the West
and that impacted on its steadfastness to maintain the African identity;
d. The Committee was commended for taking policy to the people and engaging openly
with the academia;
e. It was felt that the country portrayed financial fatigue to support the continent;
f. Contrary to common misunderstanding, the International Criminal Court does not seek
cases to prosecute, cases are referred to it, and the Sudanese issue was referred to the
Court by the United Nations Security Council;
g. It was recognised that the greatest success also lauded by the international community
was the improved approach to HIV/AIDS by the Zuma administration.
Recommendations
The following recommendations were made for the Committee’s consideration:
I. The question of identity must be addressed to curb perceptions emanating from within the
continent;
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II. South Africa should be cautious when dealing with the request from the African Union for
military presence in Somalia and consider domestic consequences if the country is to be
engaged in this conflict. The situation in Somalia was regarded as fluid and there has been no
peace to maintain with troops;
III. The Committee was urged to impress upon government that the country has to maintain its
leading role in human rights issues and avoid controversial voting patterns in the global system;
IV. It was argued that when sending troops for peace-keeping missions, relevance to national
interest and level of need to despatch boot soldiers as opposed to machinery and other forms of
humanitarian assistance be assessed. The defence force was regarded as already overstretched.
V. The workshop identified the need for an effective justice system for the continent to identify
cases falling under the auspices of the ICC and refer them to the ICC if national jurisdictions
do not entertain them;
VI. South Africa must use ‘soft power’ to rally support in multilateral issues from other African
countries; it should continue to represent the interests of the voiceless;
VII. The level of knowledge about and appreciation of other countries’ role in the liberation of
South Africa from the apartheid system must be improved. Studies in geography must play a
role in foreign policy and public education on policy be improved;
VIII. South Africa must not be ashamed to embrace the West where matters of domestic priority
need to be addressed.
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6. Xenophobia
The phenomenon was regarded by the workshop as neither new nor unique to South Africa. It was
agreed that it happened in Asia, Europe and the Middle East. However, in South Africa the tendency
has been to show intolerance towards foreigners of African origin.
Observations by the workshop
a. It was observed that South Africa still had a challenge to recognise that the intolerance has
become a reality and decisively deal with it.
b.
It was further recognised that South Africans were enjoying the fruits of change and
democracy because of the contribution and sacrifice from African countries. However, it was
admitted that many South Africans remain poor, deprived, frustrated, and they express their
anger through service delivery protests.
c.
Concerns were raised that in some areas political leaders were said to be fuelling xenophobic
tendencies, while government isolated the incidents to criminal activity.
d. Government was seen as slow in its reaction to the attacks; and not tough enough on
perpetrators as a result of which refugees were said to have lost faith in the police to protect
them.
Recommendations
The following recommendations were made to the Committee during the debate on this issue:
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I. Political education was identified as a high priority to make the populace aware of the
importance of migration and the role played by the international community during the
apartheid era. Government was urged to take the lead and not leave the NGOs to do the
campaigns alone;
II. Parliament was urged to educate the people on the role of other countries in the liberation
struggle;
III. Of equal importance was education on the role of migrants in the economic development of the
economy in South Africa (in mines, building cities);
IV. Parliament must ensure adherence to the Convention on Protection of Refugees by the
government as the country is a state party to the same;
V. It was advocated that Parliament must highlight the concepts of globalisation and free
movement as modern days’ realities; and how xenophobic attacks impact on the African
Agenda aspirations.
VI. Parliament was urged to encourage the creation of community early warning systems to alert
authorities of early signs of intolerance.
VII. South Africa has to play its leading role in the economic emancipation of the continent,
because it was not perceived as a developing country by the rest of the continent, but as a
powerhouse in a poor continent.
7. Public Diplomacy
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Observations by the workshop
It was generally agreed that public diplomacy was key to the success of rallying support for foreign
policy objectives both at home and abroad. It was reiterated that without a strong public diplomacy
strategy, most of the good work being done by the Department will go unnoticed. During discussions,
the workshop made the following observations:
a. The country’s hard power capabilities were seen as declining. However, the current global shift
to multipolar governance, which has opened up space for emerging economies to participate as
new actors in global dialogue, should be treated as advantageous for South Africa to engage
‘soft power currency’.
b. Global change has propelled the change in power structures across the world, and soft power
can translate into leverage.
c. It was seen as an advantage that South Africa came into the global forum at the right time, after
the cold war. Since 1994, it has been riding on a new democratic wave with a good reputation
from the Mandela legacy, good practice from the Truth and Reconciliation Commission, from
which it can be trusted as a mediator or bridging gaps between feuding sides.
d. The global shift in power has created space for countries to bring their regions on board, and
through soft power, South Africa could use soft power to amass support from its region to take
regional issues to the global forum.
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e. It was cautioned that economically, South Africa was only a regional power, not in the same
league as China, Brazil, India, Russia, but soft power has propelled it to a middle power. In
order to survive the alliance, it had to rely on soft power currency.
f. It was observed that soft power could diminish easily if not administered cautiously or left
untapped.
Recommendations
The following recommendations were made to the Committee on this topic:
I. The conference felt that since 1994, there has been no public diplomacy strategy. The
Department had been talking to only the elite, not with the populace in execution of this policy.
The example of posting press releases on the website only was cited. The Committee was urged
to highlight this concern and that the dissemination of information about foreign policy
activities must be made accessible and easily reach every corner of the country.
II. Government was urged to participate in education exchange programs and to advocate support
for its history, culture and political systems.
III. The diaspora must be mobilised as a source for vast experience and economic development.
IV. In order to keep momentum of keeping in touch with the populace, officials of the Department
should take the lead in holding imbizos informing the people about the activities of the
Department. Currently these are led by the Minister personally and her schedule is often very
tight.
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V. As a growing power, South Africa has to create a network of CBOs who can be engaged as key
drivers for knowledge and understanding of South Africa and its policies.
VI. As soft power can diminish quickly, it is important to maintain soft power through aligning
foreign policy and domestic priorities.
8. Recommendations by the Committee
Having considered the observations and recommendations made by the workshop on various issues
presented for discussion, the Committee made the following recommendations to which the
Department should submit a progress report within three months of the adoption of the report by
the Assembly:
i.
The Department should enhance the focus on economic diplomacy to effectively respond to
the dictates of domestic priorities through forming alliances and economic partnerships
with strategic partners.
ii.
The Department should increase involvement of non-state actors in the conduct of foreign
policy to ensure inclusivity in the formulation and conduct of foreign policy.
iii.
When funding projects in furtherance of the African Agenda abroad, the Department should
ensure mutual benefit which will enhance the lives of people in South Africa.
iv.
The issue of identity should be addressed to curb perceptions emanating from the continent
that South Africa is euro-centric.
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v.
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The Department should maintain a leading role in human rights issues, consult widely and
communicate on time the principled voting patterns in the global system.
vi.
Members of Parliament must be urged to encourage local structures to create community
early warning systems to alert authorities of early signs of intolerance towards foreign
nationals.
vii.
The Department should develop a comprehensive public diplomacy strategy and seek input
from all sectors of the society. Information about foreign policy activities should be made
accessible to ordinary citizens.
viii.
In order to maintain the necessary momentum of making known the mandate of the
Department, the officials therein, as the Minister’s schedule is often very tight, should take
the lead in holding imbizos informing the people about the activities of the Department.
Report to be considered.
WEDNESDAY, 1 FEBRUARY 2012
ANNOUNCEMENTS
National Assembly
The Speaker
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1.
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Membership of Assembly
(a)
The vacancy which occurred in the National Assembly owing to the passing away of Mr
L J Tolo, had been filled with effect from 1 December 2011 by the nomination of Mr B M
Bhanga.
COMMITTEE REPORTS
National Assembly
1. Report of the Portfolio Committee on International Relations and Cooperation on its Oversight
Visits to the International Conference Centre (ICC Durban) and the King Shaka International State
Protocol Lounge, Durban, dated 30 November 2011
The Portfolio Committee on International Relations and Cooperation, having undertaken two
oversight visits to Durban on 14 November 2011, reports as follows:
1. Delegation
The oversight visit comprised a multi-party delegation as follows:
African National Congress
Mr HT Magama, Chairperson and leader of delegation
Ms C September
Ms L Jacobus
Mr E Sulliman
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Ms RK Magau
Ms W Newhoudt-Druchen
Mr M Booi
Democratic Alliance
Mr KS Mubu
Mr S Mokgalapa
Support staff
The support staff that accompanied the delegation was Ms Bulelwa Bottoman (Committee
Secretary) and Ms L Mosala (Content Adviser). The Department of International Relations and
Cooperation (DIRCO) was represented by Mr Pieter Coetzee (Parliamentary Liaison Officer).
2.
Background and introduction
The Committee conducted oversight on two major issues: the state of readiness of the venue for
hosting the 17th Conference of the Parties (COP17) on Climate Change, the International
Convention Centre in Durban (ICC Durban); and the functionality of the State Protocol Lounge
at King Shaka International Airport.
2.1
The ICC Durban
The Honourable Minister of International Relations and Cooperation, Ms Maite NkoaneMashabane, briefed the Committee of the preparedness and readiness of her department with
all the processes in place for hosting the United Nations conference on Climate Change,
COP17, in Durban, 28 November to 9 December 2011. This undertaking is in fulfilment of the
objective stated in the Department’s Strategic Plan 2010-2013, to deliver a world class and
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truly African COP17. In confirmation of the acceptability of the plans for hosting, the United
Nations and the Government of South Africa signed the Host Agreement on 30 September
2011 in Panama. Signing signalled satisfaction and trust on the part of the UN on South Africa
to deliver on its promise a deliver a memorable and successful COP17.
The Committee then resolved to conduct a verification oversight visit to have an inspection, in
loco, on the readiness of the venue for the conference.
3.
Outline of the process
The Committee’s verification tour of the facilities at the ICC Durban was divided into two
major events: the first leg was dedicated to a tour of the conference facility where COP17 will
be held; and the second part was the briefing by relevant stakeholders on the preparations for
hosting the conference. The stakeholders comprised the management of the City of Durban, the
ICC Durban management, Corporate Services branch (DIRCO) and the United Nations
representation.
Thereafter, the Committee had a walkabout through the State Protocol Lounge at the King
Shaka International Airport to establish its functionality.
4.
The oversight process in detail
ICC Durban – On arrival at the ICC Durban, the Committee’s delegation was met by the
municipal manager of the City of Durban, Mr Michael Sutcliffe, who welcomed the delegation
to Durban and also to the venue. In his company were the Corporate Services team from the
Department namely, Mr A Moodley, Mr P Naidoo and Mr Mthimunye. The Committee was
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then taken on a familiarisation tour by Ms Julie May Ellingson, Chief Executive Officer, ICC
Durban.
During the tour the Committee delegation noted the following with regard to the readiness
of
the venue:

The site plan of the ICC Durban was approved as compliant to the United Nations’
specifications by the UNFCCC on 17 August 2011.

The ICC Durban, as a venue, will be handed over to the UN on 21 November 2011.
(Progress report is that the venue was indeed ready and handed over on 21 November
2011).

The sheer size of the conference required that temporary structures be built. Bio-degradable
material is being used to build partitioning walls at the venue.

The venue is divided into three levels:
The lower level

The lower level is a parking basement; it was being partitioned to host the UN VIP offices,
UNFCCC staff offices, media and broadcasting services, country delegates, COP17
Presidency South Africa.

The media centre will host 1100 accredited journalists.

There were already 194 countries registered for participation and space is reserved for them
on commercial basis.
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
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Security issues have been taken into consideration. There will be 200 South African
security police on site; they will be complimented by 65 UN security team and additional
security from the ICC Durban.

In case of fire or any emergency, there is an escape route connecting the three levels of the
conference venue. Fire marshals are on stand-by in case of need.

The construction of the temporary units was not yet completed. However, the process of
erecting the walls was reported to take 4 days, and the management was convinced the
process will be accomplished on schedule.
Level 1

The main entrance for country delegations will be located on this level for easy access to the
meeting rooms.

All meeting rooms will be located on this level.

There will be 2 plenary venues from which live video feeds will be relayed or broadcast to the
outside world.

Temporary units will be constructed which will be utilised for meeting rooms, press conference
areas, UN security offices, documents distribution centre, catering, prayer/meditation, medical
suites and interpretation booths.

All the temporary structures will be air conditioned.

The meeting rooms will be able to accommodate a number of people ranging from 20-500 as
per the participants’ requirements.
Level 2

The various groupings/countries/formations like the G77 & China, Least Developed Countries
(LDCs), the Africa Group, the digital media centre and the computer and business centre will
be located on this level.
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The temporary structures will be used mostly for groupings or countries’ negotiations, corridor
and parliamentary diplomacy sessions on issues of divergence.
The Red Zone
The UN has demarcated the area between Aliwal Street, up to the Hilton hotel, and Walnut
road in the city centre of Durban, exclusively as the UN precinct for the duration of the
conference.
The registration of delegates will be placed at the park/city gardens. There will be a walkover
bridge which will lead the delegates into the ICC Durban exhibition centre, which will have
climate response units displaying kiosks local artisans, the African Union Pavilion, the main
access point and VIP parking.
Authorised demonstrations and side events have been allocated space adjacent to the main
venue area. Dedicated transport will collect delegates from the airport at a cost of R130 one
way, and collect them daily from hotels to the conference venue and back.
The taxi rank on Aliwal Street will be temporarily converted into a pick up and drop-off
transport area. Delegates will either walk over to the conference venue or pick up a bicycle ride
to the venue. There will be about 500 bicycles for those intending to ride to the ICC Durban.
Accredited civil society will be housed at the University of KwaZulu-Natal. There are 1000
non-governmental organisations registered to attend.
The Blue line
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The Blue line, which extends to the beach front, has been demarcated by the city of Durban for
all side events pertaining to climate change and local tourism attractions.
Security will be tight around the city, with lights along the pathways for delegates’ safety and
security.
5.
Briefing by the stakeholders
After the tour of the ICC Durban venue, the Committee was afforded a briefing with regard to
logistics for hosting by different relevant stakeholders as follows:
Presentation by Corporate Services DIRCO
The Department reported that the estimated cost of the conference is R499 million. A budget
for hosting exists, and there have been contributions from both the UN and the EU towards the
running costs. A shortfall of R10 million has been detected and Treasury has been consulted on
the possibility of overspending by the same amount. However, police services have agreed to
cater for own needs. Protocol services for VIPs who will attend the conference were reported to
be in place both at the airport and the venue of the conference.
The Department further explained that the demands of the UN for hosting were huge, in order
to maintain the required standards for a conference of this magnitude. There is an agreed
conference menu, detailing agreed standards and prices of services and selected items. The
costs of services are kept at minimum to protect the delegates from unscrupulous vendors and
businesses.
The Committee delegation raised pertinent questions relating to the hosting of the conference
and sought assurances that there will be legacy projects left for the people in the aftermath of
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the conference; security will be adequate to handle any eventuality including surprise
demonstrations; cost of the conference will be kept at minimum.
The integrated stakeholders reassured the Committee delegation that in actual figures of
COP17 were kept at cost below that of hosting the World Summit on Sustainable Development
(WSSD) in 2002. The service providers will also be monitored to keep the agreed service
charter. The security sector will maintain a visible presence, the police will have foot patrols
and streets and pathways will be well lit. Police will allow authorised activity by the accredited
civil society; however, contingency plans are in place to handle surprise demonstrations. Other
spin-offs from hosting has been the upgrading of ICT systems at rural schools around Durban;
the city’s integrated transport system launched for the conference will continue operating
between buses, taxis and bicycles between the railway station and city centre.
Legacy issues were taken into consideration in that all the contractors of temporary structures
in the ICC Durban are South African companies; the Wi-Fi network installed in the ICC
Durban for the conference, will remain behind as a property of the conference venue; trees
have been planted throughout the country as a way of minimising carbon dioxide in the
atmosphere; the city of Durban has embarked on carbon neutral projects which will remain
with the local communities long after COP17. Tourism facilities stand to benefit a lot in that
the bed and breakfast facilities have been taken on board with a requirement for certain
standards.
The relevant stakeholders and the Department expressed their commitment to deliver an
African COP which will project a good image of South Africa to the world. Everything
possible will be done to achieve this.
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The United Nations representative in attendance in the briefing expressed its satisfaction to the
commitment the South African government has on delivering a successful United Nations
conference on climate change. The fact that Parliament as another sphere of government has
interest to ensure that indeed all systems are according to the plan for hosting, was a much
appreciated gesture and a source for comfort on the part of the United Nations. The signing of a
Host Agreement with the Government of South Africa was a confirmation of trust, contentment
and demonstration of confidence that indeed South Africa will carry the mandate to its logical
success.
6.
Pronouncements by the Committee
In the light of the extensive briefing, the Committee made the following pronouncements to the
effect that:
a. Indeed South Africa must deliver a well planned, well managed and dignified 17th
Conference of the Parties on Climate Change on the African soil. The good image of South
Africa in hosting major conferences will be maintained.
b. Cost will be kept at a minimum, while not compromising the quality of the conference
services.
c. The remaining construction of temporary units must be completed and the ICC Durban as
a venue handed over to the United Nations on the set date of 21 November 2011.
d. A lasting legacy must be left behind after the conference for the people of South Africa to
reap the benefits of hosting, and that the conference will also have positive spin-offs for
local communities. Related legacy projects must be prioritised.
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e. Security must be enough and well geared for security requirements requisite of the
magnitude of the conference. The security services must be ready to tackle surprise
demonstrations that may disrupt the conference. The city must be kept safe and friendly to
the delegates.
f. Tourism facilities must be monitored to keep the costs of services at a bear minimum as
agreed.
g. The local beneficiation projects must be created and remain with the local communities
around the city which hosted the conference.
h. Stakeholders involved in the hosting of the conference must remain integrated for the
duration of the conference to avoid communication breakdown as highlighted by the city
of Durban that integration of relevant stakeholders started very late.
7.
Conclusions on the ICC Durban
In the light of the briefings and discussions that followed during the tour of the ICC Durban,
the Committee delegation came to a conclusion that the country is ready to deliver on time the
venue over to the United Nations and hold a successful African Conference of the Parties to the
United Nations conference on climate change.
8.
The State Protocol Lounge at King Shaka International Airport
8.1
Background and introduction
South Africa is a state party to the Vienna Conventions on Diplomatic and Consular Relations
1963, and it is also a party to the UN Convention on Privileges and Immunities 1946. In a
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nutshell, these instruments set international standards or guidelines within which diplomatic
immunities and privileges can be afforded other countries during normal diplomatic interaction.
This extends to courtesies that are offered a category of individuals befitting to receive such,
and the practice differ from country to country depending on its customs.
Branch State Protocol within DIRCO regulates and is responsible for the welfare of diplomatic
communities in the Republic in accordance with international best practice. State Protocol is
also responsible for incoming and outgoing state visits, intergovernmental and provincial
protocol services, state ceremonies, managing presidential and State Protocol lounges (SPLs),
operated at international airports in the country to mention but a few. The lounges play a major
role in furtherance of public diplomacy principles.
Travellers are all aware of the hassle and pressure associated with travel through airports. The
consequence of this is that the international community established a practice to facilitate
departures and arrivals of dignitaries through or into other states through airports. Requisite
immunities and privileges are extended to the deserving dignitaries on arrival and departure at
airports of host countries to ensure comfort, security, a good first impression about the country
and its people, the seriousness with which relations with such countries are taken, and many
more reasons.
Before the kickoff in South Africa of the FIFA World Cup 2010, the Minister of International
Relations and Cooperation reported to the Committee that all State Protocol lounges, including
the newly built State Protocol Lounge at the King Shaka International were fully functional. It
has been, therefore, the considered view of the Committee to ascertain the state of functionality
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of all SPLs and to ensure that ‘branding’ of the country in furtherance of the public diplomacy
concept is given the necessary prominence.
9.
The Committee observations during visit
Since there was no formal introduction and guide through the facility, on its own the
Committee noted the following:
a. There was a visible designation sign identifying the facility as a State Protocol Lounge.
b. The lounge portrayed the strong, imposing image and leading role South Africa has
assumed internationally. It is a true reflection of a PROUDLY South African welcome.
c. It embodied the UBUNTU principles that can be easily related to by foreign visitors.
d. There were official portraits of the president and relevant ministers.
e. There was a clear display of national emblems, mission statement, compliments and
complaints’ channel.
f. The lounges have comfortable seating, though not complemented with light
refreshments, fresh fruit, both alcoholic and non-alcoholic drinks. To release the stress
of long flights, they are equipped with showers.
g. It could not be established whether there is Internet WI-FI connection, newspapers and
magazines in various languages.
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h. There was no information whether catering is complementary or a small fee is charged
to recover costs.
i. There was no information as to the categories of VIPs assisted through the lounges, and
the form of assistance is offered VIPs.
j. It could not be established whether there was an information kit on South Africa. The
short encounter with VIPs should be used to achieve ‘branding’ for South Africa as a
country.
k. The lounge’s interior is partitioned for privacy in case of more than one delegation.
l. It could not be established if there is good cooperation with airport security and national
security (police, intelligence) on VIP issues; nor a visitor’s book to record statistics of
VIPs handled through the lounge.
m. There is ample designated VIP parking and for VIPs’ personal vehicles.
n. Personnel must be visible, and easily identifiable with uniforms; they must distinguish
themselves by being professional, courteous, diligent, patient, good communicators and
have good interpersonal skills, show etiquette and be a good image and ambassadors for
the country. They must be seamless in their operation in relation to dignitaries.
However, they were very busy.
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o. The lounge facilities are not yet up to the standard where they can make it user friendly.
Many items are still not in place and the ambience is not welcoming as a result.
10.
Conclusions on the State Protocol Lounge
In light of the number of things which still need to be done to improve the functionality
of the Lounge; the Committee deduced that more effort is needed to enhance the
usability of the facility. Since the protocol officers were preoccupied with transfers to
the main terminal, the result was the divided/inadequate attention to the Committee on
its verification mission. The Committee members even had to leave the Lounge early as
the place was not user-friendly as yet. The Committee appreciated the practical
experience of being offered courtesies on departure to the next destination.
FRIDAY, 3 FEBRUARY 2012
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1.
Classification of Bill by Joint Tagging Mechanism (JTM)
(1)
The JTM in terms of Joint Rule 160(6) classified the following Bill as a section 75 Bill:
(a)
Sheriffs Amendment Bill [B 2 – 2012] (National Assembly – sec 75).
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MONDAY, 6 FEBRUARY 2012
COMMITTEE REPORTS
National Assembly
1. PORTFOLIO COMMITTEE ON PUBLIC SERVICE AND ADMINISTRATION REPORT
ON ITS OVERSIGHT VISIT TO VARIOUS ENITITES DURING JULY AND AUGUST 2011,
AS ADOPTED ON THE 30 NOVEMBER 2011
1.
INTRODUCTION
The Portfolio Committee on Public Service and Administration undertook an oversight visit during the
period 25- 28 July and 2-4 August 2011. The purpose of the visit was to conduct oversight of the
administration of various entities that play an important role in the functioning of the South African
Public Service. The institutions visited were:

The Public Service Coordinating Bargaining Council,

The Department of Public Service and Administration

The Centre for Public Service Innovation

The Public Service Commission and

The Public Protector
All entities gave an overview of their operations and administration. The delegation conducted a walkabout at their offices in order to interact with staff and to see the conditions they work under.
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The Committee also participated in the Public Service Commission’s consultation process for the
revision of its monitoring and evaluation process. The Committee met for the first time with the Public
Service Co-ordinating Bargaining Council and the Public Protector.
The oversight was seen as a continuation of the Committee’s oversight visits of 2009 and 2010, during
which the committee conducted oversight of Thusong Service Centres and Community Development
Workers; the State Information Technology Agency and the Public Administration Leadership and
Management Academy.
The report is divided into three sections. The first section provides a brief overview of each entity
visited. The second section contains the findings per entity. The third section consists of the
conclusions and the recommendations for the oversight visit.
2.
DELEGATION
The oversight visit was split over two weeks, and the delegations that participated in each week’s
oversight activities were:

25-28 July 2011:
Hon. JC Moloi-Moropa, Chairperson and Leader of the delegation (ANC)
Hon. MC Mohale, MP (ANC)
Hon. L Suka, MP (ANC)
Hon. H Van Schalkwyk, MP (DA)
Hon. CT Msimang, MP (IFP)
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
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2-4 August 2011:
Hon. JC Moloi-Moropa, Chairperson and Leader of the delegation (ANC)
Hon. JM Maluleke, MP (ANC)
Hon. MC Mohale, MP (ANC)
Hon. E Nyekemba, MP (ANC)
Hon. L Suka, MP (ANC)
Hon. AJ Williams, MP (MP)
Hon. A Dreyer, MP (DA)
Hon. H Van Schalkwyk, MP (DA)
Hon. CT Msimang, MP (IFP)
3.
OVERVIEW OF ENTITIES VISITED DURING THE OVERSIGHT VISIT
3.1
PUBLIC SERVICE CO-ORDINATING BARGAININIG COUNCIL
The Labour Relations Act, establishes the Public Service Co-ordinating Bargaining Council (PSCBC)
as the bargaining council for the Public Service as a whole. It has the power to establish bargaining
councils for any sector within the Public Service that it may so designate in terms of Section 37 of the
Labour Relations Act. This is in response to section 27 of the Constitution, Act 108 of 1996, which
confers upon citizens the right to fair labour practices, to organise and bargain collectively and gives
workers the right to strike for the purposes of collective bargaining.
The two purposes of the PSCBC are collective bargaining and dispute management for the Public
Service. Section 213 of the Labour Relations Act defines "public service" as the national departments,
provincial administrations, provincial departments and organisational components contemplated in
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section 7(2) of the Public Service Act, 1994 (promulgated by Proclamation No. 103 of 1994), but
excluding(a)
the members of the South African National Defence Force;
(b)
the National Intelligence Agency; and
(c)
the South African Secret Service.
3.1.1 Purpose 1 of the PSCBC: Collective Bargaining
The total number of public servants that fall within the PSCBC’s scope is 1,3 million.
The PSCBC has four sector councils established. They are:
1.
Safety and Security Sectoral Bargaining Council (SSSBC),
2.
Education Labour relations Council (ELRC),
3.
Public Health and Social Development Sector Bargaining Council (PHSDSBC), and
4.
General Public Services Sectoral Bargaining Council (GPSBC).
The jurisdiction of the SSSBC is employees in the South African Police Service, while the ELRC has
jurisdiction over educators employed in national and provincial Departments of Education. The scope
of the PHSDSB is employees in national and provincial health and welfare departments and other
defined employees. The GPSBC has jurisdiction over all employees in the scope of the PSCBC that
are outside the scope of the other three sectoral councils. The sector councils are self-funded and
independently established.
The PSCBC also has provincial co-ordinating bargaining councils established that focus specifically
on collective bargaining and disputes that are provincial in scope. The provincial structures of three of
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the sector councils, the GPSBC, ELRC and the PHSDSBC, are indirectly linked to the provincial coordinating bargaining councils.
In order for a union to obtain PSCBC membership and to belong to one of the sectoral councils, it is
required to have more than 50 000 members. The eight unions represented on the PSCBC are:
1.
South African Democratic Teachers Union (SADTU)
2.
National Education, Health and Allied Workers Union (NEHAWU)
3.
Police and Prisons Civil Rights Union (POPCRU)
4.
Democratic Nursing organization of SA (DENOSA)
5.
Public Service Association (PSA)
6.
Health and Other Services Personnel Trade Union of South Africa (HOSPERSA)
7.
National Professional Teachers Organisation of South Africa (NAPTOSA)
8.
South African Police Union (SAPU)
There were five representatives from each of the eight unions that form part of the PSCBC. In total,
Labour is represented by forty representatives; while Government’s representatives match the number
of representatives from Labour.
Some of the common agenda items that the PSCBC has hosted collective bargaining on were:

Pensions restructuring

Reconfiguration of Departments

Performance Management and development System

Implementation of resolution 3 of 2009

Implementation of ‘No work, No pay’ , and
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
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Provincial Policies.
3.1.2 Purpose 2 of the PSCBC: Dispute Management
The PSCBC receives many disputes referred to it, but it is only able to resolve disputes which fall
within its jurisdiction. Its jurisdiction is determined by from under which Executive authority a dispute
originates. In order to determine whether a matter is referred to the national bargaining council, the
sector council or one of the regional councils decides on how many of the sectors and regional
councils a matter concerns.
In terms of its dispute management function, the PSCBC has dispute panelists spread across all
provinces of South Africa, with the largest concentration in the Gauteng Province, where the national
offices of the PSCBC are based.
There have been 5 064 disputes lodged and referred during 2010/2011, which is a 4% increase in the
number of disputes referred to the PSCBC during 2009/10. If one compares the number of disputes
received for 2010/2011 with the 1,3 million public servants the PSCBC has jurisdiction over, one can
deduce that only 0.38% of the public servants lodged disputes with the PSCBC.
The table below gives a breakdown of the number of disputes referred to the Councils from April 2010
– March 2011:
Councils
Number of
% of total
Transferred by
‘Out of
cases
cases
the CCMA to
Jurisdiction
referred
the PSCBC
‘before any
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process
undertaken
PSCBC
666
13%
5
128
ELRC
531
10%
8
137
GPSSBC
2282
46%
24
165
PHSDSBC
823
16%
13
80
SSSBC
762
15%
10
14
Total
5064
100%
60
524
The highest numbers of disputes received were from the following:

National Departments – 48%

Gauteng Province – 10 %

Western Cape Province – 8%

Free State Province – 8%

KwaZulu Natal - 8%
The highest number of disputes referred to the PSCBC is from individuals. The most popular matters
that disputes were raised about were:

Unfair conduct,

promotion,

demotion,

probation,

training,
14 FEBRUARY 2012

benefits,

dismissal related to misconduct, and

interpretation and application of collective agreements.
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3.1.3 Governance of the PSCBC
In terms of the PSCBC’s governance matters, each council consists of an independent Chairperson,
two Vice-Chairpersons elected from the representatives from the employer and Labour, respectively.
The General Secretary is the secretariat of the council. Other structures that are established as substructures of a council are the financial committee, the audit committee, chambers and task teams. The
representatives on PSCBC and the sector councils are fairly representative of the South African
population, both in terms of demographics and gender representivity. The PSCBC and its councils are
funded from levies collected from members. It charges each public servant under its jurisdiction a levy
as follows:

PSCBC R1

ELRC R10

PHSDSBC R2

GPSSBC R4

SSSBC R2,
The PSCBC is self-funded, in that its operational costs are covered from members’ subscription fees.
Government matches what members pay. The employer pays 50% of the levy and the remaining 50%
is deducted from public servants. Levies made up 87% of the PSCBC’s income for 2010/2011. The
total income for 2010/2011 was R14, 366,967. The total expenditure for the PSCBC during 2010/11
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was R16,450,269. There was a shortfall in levy income of R -2,083,302, which was covered from
savings the PSCBC had built up over time.
Some of the PSCBC’s strategic objectives for 2011/12 include:

to review structures and strengthening processes of collective bargaining in the Public
Service so as to ensure improved delivery of services;

to monitor, evaluate and ensure compliance to collective agreements;

to develop and implement a dispute prevention strategy that will encompass capacity
building of stakeholders and enhancement of the dispute resolution procedure;

to enhance good governance with the development and implementation of a risk
management strategy, effective performance management of the organization and an
investment in human capital development; and

to refine and enhance the liaison, marketing and communication strategy so as to develop an
organizational brand, nationally and internationally.
The delegation undertook a tour of the offices and interacted with staff.
3.2
DEPARTMENT OF PUBLIC SERVICE AND ADMINISTRATION
The amended Public Service Act of 1996 enables the Minister of Public Service and Administration to
establish norms and standards relating to: -
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
The functions of the public service;

The organizational structures and establishments of departments and other organisational
and governance arrangements in the Public Service;

The conditions of service and other employment practices for employees;

Labour relations in the Public Service;

Health and wellness of employees;

Information management in the Public Service;

Electronic government (i.e. the use of information and communication technologies in the
Public Service to improve rendering of services);

Integrity, ethics, conduct and anti-corruption in the Public Service; and

Transformation, reform, innovation and any other matter to improve the effectiveness and
efficiency of the Public Service and its service delivery to the public.
The Minister of Public Service and Administration, and by extension the Department of Public Service
and Administration (DPSA), is responsible for Government’s delivery agreement for outcome 12: An
efficient, effective and development-orientated Public Service and an empowered, fair and inclusive
citizenship. The Delivery agreement for outcome 12 includes the following:

Service Delivery Quality and Access
o User satisfaction survey
o Access
o Responsivenss
o Value for money (unit cost)

Human Resource Management and Development
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o Performance development, performance agreements and assessments
o Recruitment, retention and career pathing
o Discipline
o Hr Planning, skills development and cadre development

Business processes, systems, decision rights and accountability
o PERSAL functionality
o Decision and delegation rights
o Organisational design
o Business processes

Corruption tackled effectively
o Anti-corruption
o Enforcement monitoring and evaluation measures
The DPSA has six programmes. A brief overview is provided below.
3.2.1 Programme 1: Administration
The purpose of the administration programme is to provide co-ordinated strategic and administration
support services to enable the Ministry and the Department to deliver on their mandates. The
components of the first Administration programme include the Ministry, Deputy Ministry, Corporate
Resource Management, Strategic Management, Integrated Planning and Programme Management,
Finance, Legal Services and Internal Audit and Risk Management.
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The strategic initiatives for 2011/12 are to:

train DPSA staff as chairpersons and investigation officers to facilitate the promotion of
sound labour practices;

implement an efficient and effective Supply Chain Management and Asset management
policy;

conduct Fraud Prevention Training and awareness workshops in the department;

revise the Public Service Regulations;

produce and submit 2011-12 strategic and annual performance plans of the Department to
Parliament and National Treasury; and

compile quarterly reports on the implementation of the delivery agreement for outcome 12
to Cabinet.
3.2.2 Programme 2: Human Resource Management and Development (HRM&D)
The purpose of the second programme is to develop, implement and monitor Human Resource
Management policies in the Public Service. It consists of the following components: Human Resource
Development, Human Resource Planning, Practices and Performance, Diversity Management,
Integrated Financial Management Service, Employee Health and Wellness.
The strategic objectives for 2011/12 are to:
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
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modernise and enhance effectiveness of government financial systems by developing the
module of the Integrated Financial Management System (IFMS);

provide information on skills in the Public Service in relation to job; requirements to
contribute towards addressing skills gaps in the Public Service;

review and revise the Performance Management and Development System (PMDS) through
a strategic framework;

monitor the implementation of gender, disability and youth frameworks by all departments;
and

increase the number of government departments implementing Employment Health and
Wellness policies from 40 in 2010/11 by an additional 40 per year.
3.2.3 Programme 3: Labour Relations and Remuneration Management (LR& RM)
The purpose of the third programme is to develop, implement and maintain labour relations and
compensation policies and ensure co-ordinated engagement with organized labour. The third
programme consists of the following components: Remuneration and Market analysis, Conditions of
Service, Labour Relations and Negotiations.
The strategic objectives for 2011/12 are to:

conduct a comprehensive personnel expenditure review for the Public Service;
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
review the remuneration Policy for the Public Service;

conduct an impact assessment of the occupation specific dispensation (OSDs);

align remuneration and conditions of service between the Public Service and local
government;

establish efficient management of annual and sick leave in the Public Service; and

Finalise negotiations on salaries and other matters of mutual interest emanating from the
DPSA’;s mandate in 2011/12.
3.2.4
Programme 4: Public Sector Information and Communication Technology Management
The purpose of the fourth programme is to promote and manage the use of ICT in the design and
delivery of citizen-centered services; and ensure that IT services support the continual improvement in
the cost, quality, access, responsiveness and speed of service delivery to citizens, business and
stakeholders by the Public Service.
The fourth programme contains the following components: E-Government, ICT policy and Planning,
and ICT Infrastructure and Operations. The strategic objectives for this programme for 2011/12 are to:

connect 125 Thusong Service Centres by March 2012;

complete connectivity blueprint and bandwidth strategies for connecting schools, libraries,
clinics and municipalities during the next three years;

implement a Next Generation e-Government platform within the next three years;

develop common IT standards and principles for government;

develop and adopt an IT security policy by March 2012; and

develop and IT Security Governance Framework by March 2012.
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3.2.5 Programme 5: Service Delivery and Organisational Transformation (SDOT)
The purpose of the fifth programme is to promote a service delivery and organizational transformation
framework and engage in interventions and partnerships to promote efficient and effective service
delivery.
The fifth programme consists of the following components: Service Delivery Planning, Service
Delivery Improvement Mechanisms, Organisational Development of the Public Sector, Community
Development Participation, Change Management and Integrated Access Mechanism. The strategic
objectives for 2011/2012 are to:

develop a methodology on business Process Quality Management and Unit Costing for the
departments of Health and Education;

implement the National Knowledge Management Framework and establish service delivery
forums;

finalise the strategic framework on managing organizational change and service delivery
implementation;

improve service delivery and Senior Management Services’ (SMS) competency through
development and implementation of the revised Khaedu management strategy; and
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contribute towards the improvement of service delivery competency in the Public Service by
providing training on Batho Pele principles over the Medium-Term Expenditure
Framework.
3.2.6 Programme 6: Governance and International Relations (Gov and IR)
The purpose of programme six is to improve the governance of public administration through
integration of the Public Service, fighting corruption, monitoring and evaluation as well as advancing
the Public Service agenda at national, regional and international levels.
The sixth programme has the following programmes: Integrity and Ethics Management, International
and African Affairs, Monitoring and Evaluation, African Peer Review Mechanism (APRM), Integrated
Public Administration Reforms. The strategic objectives for 2011/2012 are to:

tackle corruption in the Public Service and monitor compliance with national and
international anti-corruption instruments;

implement the APRM national framework through submission of annual progress reports to
the AU and Cabinet;

monitor and evaluate public sector programmes, policies and projects to ensure
accountability and transparency;

contribute to the African and international Agenda through the implementation of the
Continental Governance and Public Administration Programme; and
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drive and co-ordinate the national public sector integration programme by facilitating the
development of a legislative framework.
3.2.7 Presentation on the Salary Negotiations of 2010
It was highlighted that the salary bill for the Public Service was a concern for National Treasury since
it had doubled since 2005. The growth in the salary bill was attributed to the growth in personnel,
occupations specific dispensation, higher-than-inflation salary adjustments and improvements in the
conditions of service, such as the inclusion of a housing allowance.
At the start of the salary negotiations, the following positions were held:

Labour: an 11% salary increase, back-dated to April 2010; an increase in the housing
allowance of R1650 and the equalization of the medical aid subsidy of open medical aid
schemes with Government Employees Medical Aid Scheme (GEMS).

The Employer i.e. the DPSA: a 5.2% increase, with an implementation date of the 1 July
2010. The housing allowance was to be discussed as separate to the salary negotiations, and
the subsidy to GEMS would not be equalized for open medical aid schemes.
On the 9 June a dispute was declared by Labour. The positions of both parties were follows during the
dispute:
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Labour: the salary increase to be reduced to 8.6%, back-dated to 1 April 2010, with the
housing allowance decreased to R1000; and the equalization of the medical scheme
contributions maintained.

The Employer i.e. the DPSA: the salary increase to be increased to 5.3% and subsequently
6.5%, with the implementation date maintained at the 1 July 2010, while the housing
allowance was be considered at R620, and the contribution of the state to open medical aid
schemes not to be extended.
Conciliation was set for the 18 June 2010, but on 29 June, the arbitrator issued a certificate that
confirmed the dispute as unresolved. The PSA and COSATU embarked on protest actions from 29 –
30 July and 10 August, respectively. A full-blown strike was declared on the 16 August and lasted for
three weeks. The strike was suspended on the 09 September 2010.
A National Joint Operations Committee was established to manage the strike. The Committee
consisted of the representatives from the following entities:

South African National Defence force

South African Police Services

National Intelligence Agency

Department of Public Service and Administration

Department of Justice and Constitutional Development

Government Communications and Information System
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The sectors of government that suffered the most severe effects of the strike were Education, Health,
Justice and Constitutional Development (courts); and Home Affairs (ports of entry).
On the 31 August 2010, the employer tabled a revised offer, which contained the following terms:

Salary adjustment of 7.5% for the financial year 2010/11 with effect from 01 July 2010

Housing allowance: increased from R500 to R800 per month with effect from the 01 July
2010.
In terms of the ‘No-Work-No-Pay’ rule, a total of R4,3 billion was recovered /deducted from salaries
and wages of public servants that participated in the strike. A total of 373 complaints were laid against
employees, 610 arrests were made, with 286 cases still under investigation.
3.3
CENTRE FOR PUBLIC SERVICE INNOVATION
The Centre of Public Service Innovation (CPSI) was established in 2001 by the Minister for Public
Service and Administration. In 2008 it became the first Government component, as listed in the
amended Public Service Act, 2007. In its new governance form, it continued to operate as part of the
portfolio of the Minister for Public Service and Administration.
The strategic orientation of the CPSI is located in the need to improve the effectiveness and efficiency
of the systems, structures and processes of public administration by entrenching a culture and practice
of innovation in the public sector.
It does this through:
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
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supporting the creation of institutional conditions and structures within public sector for
fostering innovation;

unearthing, encouraging, rewarding and showcasing innovation in the public sector

preparing business cases for and piloting of various technological and non-technological
innovative solutions through strategic partnerships; and

establishing local, regional, and international networks and partnerships in order to share
information and to remain at the cutting edge of innovation.
The CPSI is organised into four work-streams. The work streams are:
3.3.1 Programme 1: Programme Management
The purpose of Programme Management is to ensure the overall administration and governance of the
CPSI, in line with the applicable acts, regulations and shared services arrangement with the DPSA.
This is achieved through:

Overall project co-ordination;

Co-ordination of all project and back-office duties related to the Executive Director;

Provision of an effective and efficient back-office support service (office management) to
the CPSI as guided by the relevant regulations and shared services arrangement with the
DPSA;
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
Coordination of activities around statutory reporting and information management;

Coordination and operationalising of the shared-services agreement (MoU) with the DPSA;
and

Developing and implementing internal policies.
The Programme Management Office (PMO) ensures that the administrative load on the other work
streams is minimized by functioning as a focal point for all financial management, procurement and
human-resource-management-related activities.
3.3.2 Programme 2: Research and Development (R&D)
The purpose of the R&D work-stream is to investigate and recommend sustainable models and
solutions to the Public Service for innovative service delivery. This is achieved through analyzing
challenges and exploring suitable solutions and models that could inform innovative service delivery.
This stream also proposes monitoring and evaluation measures for effective implementation and
records innovative projects in all spheres of government for publication and possible replication.
3.3.3 Programme 3: Solution Support and Incubation (SSI)
The SSI work-stream is responsible for driving the testing and piloting of innovative solutions in
partnership with stakeholders and for customizing or adapting of both local and global solutions to
local service delivery challenges. This unit facilitates the creation, adaptation, piloting, demonstrating
and mainstreaming of innovative solutions within the public sector. A key element of the unit’s work
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is to provide a platform, in the form of multi-media innovation and implement innovative solutions to
service delivery challenges.
3.3.4 Programme 4: Enabling Environment (EE)
The CPSI believes that, for innovation to be successfully applied, the work environment should be
conducive to creative thinking, with sufficient support and opportunities to innovate. This unit is thus
tasked with creating and sustaining an enabling environment which entrenches a culture and practice
of innovation in the public sector. This is achieved through:

co-ordinating innovation knowledge platforms and products as well as rigorous awareness
campaigns on the importance of innovation in the public sector;

rewarding innovative practices and projects; and

ensuring regional, continental and international access to, and sharing of innovative
practices and lessons.
Some of the CPSI’s ongoing programmes are:

The Annual Public Sector Innovation awards,

Public Sector Innovation Conference,

CPSI Innovation Journal,

Capacity building for innovation in the public service,

UNPAN Portal, and the
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
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Multi-media Innovation Centre
Some of the successes of the CPSI are:

Hosting the fourth Public Sector Innovation Conference hosted from the 31 August – 1
September 2010.

Hosting the 8th annual, innovation awards ceremony in November 2010

Publishing and broadly disseminating the second and third editions of the Public Sector
Innovation Journal Ideas that work

Piloting the assistive device for visually impaired teachers in 2010; and hand-over of the
project to the Department of Education.

The awarding of two awards to South Africa by the United Nations in September 2010 for
the contribution to the UNPAN Portal.
3.3.5 Governance
The CPSI’s budget constituted 3.6% of the voted funds for the Department of Public Service and
Administration. The CPSI has been, in terms of the provision of goods and services, allocated
resources for an organisation consisting of five staff members, based on its structure as a Section 21
entity.
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The CPSI indicated that its research capacity should be strengthened in order for the organisation to be
able to conduct more ‘in-depth’ investigations of persistent service delivery challenges, with the aim of
finding or generating innovative solutions to address those challenges.
The projected budget per over the medium term as per programme is:
2011/12
2012/13
2013/14
(R- Thousands)
R
R
R
CEO (including
6345
6552
7039
2627
2732
2935
Solution Support 2917
3033
3257
2959
3540
3800
14848
15857
17031
PMO)
Research and
Development
and Incubation
Enabling
Environment
Total
3.4
PUBLIC SERVICE COMMISSION
The Public Service Commission (PSC) derives its mandate from sections 195 and 196 of the
Constitution, 1996 and the Public Service Commission Act, 1997. It is an independent and impartial
body, created to promote the values and principles contained in Section 195(1) of the Constitution
throughout the Public Service, as contained in section 195(2) of Constitution, 1996. It also has the
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power to investigate, monitor and evaluate the Human resource practices of the Public Service and
make recommendations to the executive in accordance with adherence to section 195 (1) of the
Constitution. The PSC must report at least once a year to Parliament.
The PSC conducted a review on its Monitoring and Evaluation system workshop with the delegation.
The workshop focused on progress made thus far in monitoring and evaluating the performance of
government departments, as per set performance standards, in line with section 195(1) of the
Constitution, 1996. It was explained that the Monitoring and Evaluation system in place measured
compliance with the nine values in Section 195 of the Constitution, 1996. The assessment of
departments consisted of set assessment indicators; indicators are broken up to five performance
standards. The evaluators collect evidence in a department on the standards and the department would
then be scored against the standard.
3.5
PUBLIC PROTECTOR
The Public Protector is a constitutionally established, independent body, who is appointed by the
President, in terms of Section 181 of the Constitution, 1996. Section 182(1)(a) of the Constitution
mandates the Public Protector to investigate any conduct in state affairs, or in the public administration
in any sphere of government, that is alleged or suspected to be improper or result in any impropriety or
prejudice. There are twenty walk-in offices of the Public Protector across the country.
Any matter over which the Public Protector has jurisdiction, may be reported to or lodged as a
complaint with the Public Protector. The investigations that the Public Protector could conduct ranges
from maladministration, undue delay in service, discourteous behavior, improper conduct to fraud and
corruption.
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The Office of the Public Protector has undertaken to:

be trusted and accessible to all persons and communities;

provide prompt remedial action; and

ensure that promotion of good governance in the conduct of all state affairs be maintained.
A priority of the Public Protector for 2011/12 was broadening ‘access’ through outreach, education
and communication programmes. It was explained that the organisation needed to reach out to people
and ensure that there existed a particular level of comprehension in respect of the work done by the
organisation.
SECTION TWO: FINDINGS PER ENTITY
4.
FINDINGS
4.1
PUBLIC SERVICE CO-ORDINATING BARGAININIG COUNCIL
The understanding of what constituted the Public Service by the PSCBC differed from the
understanding held by the Committee. As such, it was highlighted that the PSCBC only dealt with
bargaining for provincial and national government. The only essential services that a bargaining sector/
council was established for was the Police, yet the PSCBC had the power to establish bargaining
councils for any sector in the Public Service.
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Local Government’s bargaining is done through the South African Local Government Association
(SALGA), while national and provincial legislatures, as organs of state, do not have bargaining
councils. It was not clear why the local sphere of government was excluded. Furthermore, Police is an
essential service, as are legislators, yet all three spheres of government and organs of state are
governed by the principles set out in Section 195 of the Constitution, and the PSCBC is empowered by
the Labour Relations Act.
No mechanism has been established to resolve disputes between Ministers and Director-Generals. It is
believed that staff in the national and provincial legislatures, heads of departments and municipal
workers should enjoy the same protection of labour legislation, as they form part of the Public Service,
as outlined in the Constitution, and should be protected by section 27 of the Constitution, 1996.
The PSCBC indicated that they would be open to hosting the negotiations earlier in the year, perhaps
before government budgets were decided upon for the following year, or before Parliament has passed
the budget votes. A multi-term agreement could also be a possibility, but it was cautioned that there
was no obligation on either of the negotiating parties to stick to a multi-year agreement.
The operating costs of the PSCBC were exceeding the levies received and collected. The PSCBC
should look at increasing their levies for the general Public Service Coordinating Bargaining Council,
as some of the sub-councils established are able to charge a larger levy to members.
4.2
DEPARTMENT OF PUBLIC SERVICE AND ADMINISTRATION
It was concerning that staff of the Department remained in acting positions for long periods of time.
This arrangement was temporary, and posed a challenge to the quality of work they produced in that
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acting capacity, as they could not be assessed on it. Furthermore, it was against the priorities of
government to fill vacancies, and create jobs. It was highlighted that matter should be taken up with
Minister of Public Service and Administration, as he should be setting the example for the rest of the
Public Service with practices in the Department that he was directly responsible for.
The decision taken by the Minister of Public Service not to negotiate through the media was
appreciated.
It was difficult for the Department to keep record of school teachers that taught during the strike of
2010. There was a process under way to train regional officers involved in keeping records in order to
get them involved in record-keeping of non-striking public servants during future strikes.
For an open medical aid scheme, the maximum subsidy provided was R1 014, whereas, with GEMS,
the subsidy provided was R2 600 for four people. GEMS was well marketed in the Public Service;
with the state providing a better subsidy for GEMS than the other medical aid schemes. It was
important to note that the state and members were represented on GEMS board. This ensured that the
state and members would remain priorities for GEMS. Neither the state nor public servants enjoyed
the same level of focus and say in the private medical aid schemes. An example of how GEMS was
looking after the interests of the state was the monitoring of the use of medical aid benefits in order to
verify sick leave taken by public servants in specific departments. This was in order to monitor the
abuse of sick leave by public servants, especially in government departments where there is high risk
or exposure to stress that can result in depression, anxiety, and alcoholism. The Department was
working with GEMS to monitor the situation.
A commission was set up to evaluate public servants that could be classified as providing essential
services. It was also highlighted that the Labour Relations Act was outdated.
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The overview of the Departments’ intentions and structure was informative, but it was not clear how
the Department was to penetrate rural areas, especially with ICT services. ICT systems in hospitals
were not connected to each other, which hampered efficient and effective service delivery to patients.
Various Occupational Specific Dispensations (OSDs) were implemented, with the only ones
outstanding being for occupational therapists in the Department of Health. There were some people
that expected that they would receive salary increases, but they did not qualify. Most provinces’
challenges were resolved. The only province where challenges are still expected is KwaZulu-Natal.
There was a guide on sanctions, which presented a uniform set of sanctions to be implemented across
the Public Service, but the challenge was that the Department was not responsible for discipline in
some other departments. Its authority extended only to providing a guide. The disciplinary procedures
for officials that have allegations of corruption against them should be completed; even if such
officials leave the Department.
4.3
CENTRE FOR PUBLIC SERVICE INNOVATION
The delegation took a tour around the innovation centre, which consisted of several interactive
computer systems. The purpose was to get an explanation of the work of the CPSI, the red-tape
project that they had undertaken, and the correctional services lessons of best practices.
The delegation also learnt of the Limpopo perma-culture school feeding scheme that the CPSI had
piloted. The programme was replicated in the Helen Joseph Hospital, where psychiatric and
HIV/AIDS patients took care of the gardens. The perma-culture feeding scheme was also replicated in
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old age homes. Innovation desks are being implemented in provinces and municipal offices in the
metros.
It was highlighted during the presentation that the CPSI had embarked on a project to reduce the
number of vacancies in hospitals. Persons on social grants were approached and trained. The CPSI
contributed to South Africa being the second highest contributor to the UNPAN portal. CPSI has been
tasked with submitting the SADC’s contributions to the portal.
CPSI is partnering with Public Administration Leadership and Management Academy (PALAMA) for
PALAMA’s Executive Development training. Here,the CPSI is responsible for the Innovation
module.
The CEO has separate staff from the Minister, but the staff of CPSI is seen as part of the DPSA’s staff
complement. This poses challenges for the recruitment of staff for the CPSI. There is an allocated
budget for staff for the DPSA, and, once that budget is exhausted by the department, the CPSI cannot
recruit staff to perform its tasks. Although this poses a grave challenge to CPSI, it has led to many of
the staff currently seconded to the CPSI, being multi-skilled during their employ at the CPSI.
The non-registration of CPSI as a government component poses challenges to the independence of the
CPSI, since it is still seen as part of the DPSA. The CPSI indicated that it required approximately R5
million to recruit middle management and project managers. However, since the CPSI is not registered
as a government component, the accounting authority for the CPSI’s funds is the Director-General for
the Department of Public Service and Administration and this causes difficulties.
Most of the projects implemented and replicated were biased towards rural areas. There was a
challenge of how the CPSI budgeted for pilot projects, since if the pilot project was a failure, it could
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be seen as fruitless and wasteful expenditure. This motivated the CPSI to seek out donors for their
more risky pilot projects. The CPSI has established a relationship with State Information Technology
Agency (SITA) and the Department of Science and Technology.
The workload of the CPSI poses a problem for its small staff complement and budget. It is understood
that the matter of CPSI being registered as a Government Component was being considered by
National Treasury, which would transmit its views to the legal services unit of DPSA.
It was not clear whether the successful projects presented to the delegation would be rolled out
throughout South Africa.
4.4
PUBLIC SERVICE COMMISSION
It was concerning that the PSC, as a constitutionally independent entity, still had its budget allocated
and accounted for by the Minister for Public Service and Administration, despite the Committee
having raised this concern in two previous Committee budget vote reports.
The Committee was informed that majority of Head of Departments (HODs) had not signed their
performance agreements. It was reported that only two HODs had signed their agreements at the
national level for the 2009/10 performance cycle. This led to Ministers being unable to hold HODs
accountable for their work.
The PSC is unable to have a dedicated research unit, which is due to budgetary constraints. The PSC
reported that it had phased out the unit, so that it might focus primarily on grievances. This is in line
with the requirements of the grievance rules.
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It was commendable to note that, in instances where the PSC had dealt with grievances, investigations
had been conducted and recommendations had been made. Recommendations made by the PSC were
implemented by the relevant departments. In instances where HODs did not co-operate with the
investigations, warrants of arrest had been issued.
The Committee appreciated the manner in which the PSC runs its National Anti-Corruption Hotline,
which operated for twenty-four hours per day. It was reported that the hotline service was conducted
and managed in eleven official languages. The service had been outsourced.
The monitoring and evaluation system was commendable, as it was based on evidence of performance
as per set standards. When recommendations are made, the Committee was informed, Commissioners
themselves go to departments to ascertain whether they are implemented..
Cases of poor service delivery were due to poor planning. Departments embarked on projects on which
they had not consulted the affected community. This resulted in a serious challenge to the effective
delivery of services. There was a general consensus that an informed citizen participated with ease in
the programmes of government.
4.5
PUBLIC PROTECTOR
It concerned the Committee that there were about 16 000 complaints processed for the 2011/12
financial year; yet only a mere 40 had resulted in reports. The shortage of staff exacerbated the
problem, as it was reported that the current staff complement consisted of only 275 employees.
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The Committee heard that the work of the Public Protector was often made difficult by organs of state
that refused to co-operate during investigations. Investigators worked under extreme pressure, as they
were often required to report within thirty days on cases being investigated. The Office of the Public
Protector used also still used manual filing, although it was explained that a case management system
was in place, but needed further development and funding.
The Office of Public Protector had, as of 31 March 2011, reported a deficit of about R12 million. This
was of major concern to the Committee. There was a need for more financial resources to be directed
to the Office of the Public Protector. The capacity to investigate cases was hampered due to shortage of
staff.
The Office of the Public Protector was meant to be accessible to the public, but the Head Office was
not clearly signposted in the roads surrounding it.
SECTION THREE
5.
CONCLUSIONS
5.1
PUBLIC SERVICE CO-ORDINATING BARGAININIG COUNCIL
The current running costs of the PSCBC exceeded its income received from public servants’ levies.
Legislators of South Africa as a sector, being classified as performing essential services, required the
attention of the PSCBC. It was also concluded that the streamlining of the Public Service wage
negotiations would also require the attention of the PSCBC, as the costs of strikes had devastating
effects on the economy of South Africa.
14 FEBRUARY 2012
5.2
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DEPARTMENT OF PUBLIC SERVICE AND ADMINISTRATION
The operations of the DPSA were seemingly efficient, with a lean staff complement formulating and
monitoring policies for human resource management for the Public Service. However, if staff were to
act in vacant positions for extended periods, it placed the Department under pressure to perform the
same amount of functions, with fewer staff.
5.3
CENTRE FOR PUBLIC SERVICE INNOVATION
The Centre for Public Service Innovation was established to foster innovation in the Public Service. It
was established under the Public Service Amendment Act of 2007, yet the CPSI is still struggling to
register as a government component. Once it is established as such, it can be run independently of the
Department of Public Service and Administration. Its strategic report shows that a large proportion of
the vote funds go to Administration; yet, it only has a small staff complement, with several interns
employed. In total, the staff complement is less than a division/branch under a Deputy DirectorGeneral within the Department of Public Service and Administration.
The CPSI’s flagship project is the Public Service Innovation Awards, which recognize innovators in
the Public Service. In light of the number of people employed and their outputs, it seems as if the CPSI
is running an efficient operation. However, it is not clear how much its office space costs to rent.
5.4
PUBLIC SERVICE COMMISSION
The Public Service Commission was pleased to hosts the Committee at its offices, as it was the first
time the Committee had visited the offices of the PSC. The Workshop on the review of their
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monitoring and evaluation processes resonated with the Committee, as it had recommended that the
PSC should report on the implementation of section 195 of the Constitution for all entities mentioned
in section 195(2). This is in line with the recommendations of the Committee’s report on the PSC’s
State of the Public Service Report 2010.
The operations seemed to be run efficiently, but the Information Communication Technology (ICT)
services required bolstering. SITA could be consulted on the ICT support for the PSC.
5.5
PUBLIC PROTECTOR
It was the Committee’s first time to visit the Offices of the Public Protector. It was difficult to find the
building without road-signs indicating where the offices were. There was a strong-room for the
keeping of all the hard copies of files safe. However, its systems could be digitaliized. The library was
empty and the Committee feels that the Office of the Public Protector could use the Parliamentary
BRRR process to motivate for more funding.
6.
RECOMMENDATIONS
The Portfolio Committee, having duly reported on its oversight visit for 2011, recommends the
following:
6.1
PUBLIC SERVICE COORDINATING BARGAININIG COUNCIL
The period in the year that negotiations take place should be reconsidered. It is recommended that
Labour and Government reach agreement on the salary levels before departmental budgets are signed
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off by National Treasury. However, this recommendation requires further discussion by the parties
involved.
A bargaining council should be created for the national and provincial legislators of South Africa, in
order to ensure that public servants working within legislators are also protected by the labour laws of
South Africa.
6.2
DEPARTMENT OF PUBLIC SERVICE AND ADMINISTRATION
The Minister of Public Service and Administration should report to the Committee on the progress
made with filling of vacancies that exist within the Department of Public Service and Administration.
6.3
CENTRE FOR PUBLIC SERVICE INNOVATION
The CPSI should, through the Minister of Public Service and Administration, resolve their
establishment as a government component as soon as possible. A report should be submitted to
Parliament on the progress made in this regard six months from adoption of this report by the National
Assembly.
6.4
PUBLIC SERVICE COMMISSION
6.4.1 The Budget of the Commission had always been a separate vote until the 2010/11 financial
year. The budget of the Public Service Commission should be removed from the Budget Vote
12 for 2012/13.
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6.4.2
PAGE: 431 of 447
The Commission should issue a directive that all HODs ought to sign their performance
agreements by a particular date provided. The HODs and Executive Authorities who fail to
adhere to the directive should be reported to Parliament a month after the date specified by the
Public Service Commission for signing has expired.
6.5
PUBLIC PROTECTOR
6.5.1 The Office of the Public Protector must make use of the Budgetary Review and
Recommendation Reports (BRRR) process of Parliament to receive more funding. In this
respect, it should make direct representations to the PC on Justice and Constitutional
Development for it to recommend that this Office receive a greater allocation from the
Department of Justice and Constitutional Development.
Report to be considered
WEDNESDAY, 8 FEBRUARY 2012
ANNOUNCEMENTS
National Assembly
The Speaker
1.
Membership of Committees
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PAGE: 432 of 447
The following members have been nominated by their parties to serve on the Ad Hoc Committee on
the General Intelligence Laws Amendment Bill.
African National Congress
Burgess, Mr C
Fihla, Mr B
Mgabadeli, Mr H
Maake, Mr J
Williams-De Bruyn, Mrs S
Thibedi, Mr J
Bhengu, Mr F
Alternate
Maziya, Mr A
Sonto, Mr M
Abrams, Mr S
Jacobus, Mr L
Democratic Alliance
Maynier, Mr D
Stubbe, Mr D
Congress of the People
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PAGE: 433 of 447
Ramatlakane, Mr L
Inkatha Freedom Party
Msimang, Prof CT
The following changes to Committee membership have been made by the Democratic Alliance:
Portfolio Committee on Labour
Discharged:
George, Mr B
Ollis, Mr I
Appointed:
Motau, Mr S
Van der Westhuizen, Mr A
Portfolio Committee on Agriculture, Forestry and Fisheries
Discharged:
Bosman, Dr L
Du Toit, Mr D
Appointed:
Steyn, Mrs A
Van Dalen, Mr P
Portfolio Committee on Transport
14 FEBRUARY 2012
Discharged:
De Freitas, Mr M
Farrow, Mr S
Appointed:
Ollis, Mr I
Terblanche, Mrs J
Portfolio Committee on International Relations and Co-operation
Discharged:
Mokgalapa, Mr S
Mubu, Mr K
Stubbe, Mr D
Appointed:
Davidson, Mr I
Eloff, Mr B
Portfolio Committee on Arts and Culture
Discharged:
Duncan, Mrs P
Loriet, Prof A
Appointed:
Van Den Berg, Mr N
Van Schalkwyk, Dr HC
Committee on Public Accounts
PAGE: 434 of 447
14 FEBRUARY 2012
Discharged:
Dreyer, Ms A
Appointed:
George, Dr D
Rabie, Dr P
Standing Committee on Finance
Discharged:
George, Dr D
Marais, Mr SJF
Appointed:
Harris, Mr T
Ross, Mr D
Portfolio Committee on Trade and Industry
Discharged:
Harris, Mr T
Smalle, Mr J
Appointed:
Hill-Lewis, Mr G
James, Dr W
Portfolio Committee on Public Services and Administration
Discharged:
Hill-Lewis, Mr G
Van Schalkwyk, Dr HC
PAGE: 435 of 447
14 FEBRUARY 2012
Appointed:
Du Toit, Mr D
Marais, Mr SJF
Portfolio Committee on Basic Education
Discharged:
James, Dr W
Appointed:
Lovemore, Mrs A
Portfolio Committee on Higher Education and Training
Discharged:
Kloppers-Lourens, Dr J
Van der Westhuizen, Mr A
Appointed:
Bosman, Dr L
Loriet, Prof A
Portfolio Committee on Social Development
Discharged:
Kopane, Mrs P
Lamoela, Mrs H
Appointed:
More, Ms E
Waters, Mr M
PAGE: 436 of 447
14 FEBRUARY 2012
PAGE: 437 of 447
Portfolio Committee on Tourism
Discharged:
Krumbock, Mr G
Terblanche, Mrs J
Appointed:
Farrow, Mr S
Portfolio Committee on Co-operative Government and Traditional Affairs
Discharged:
Lorimer, Mr J
Wenger, Mrs M
Appointed:
George, Mr B
Steenhuisen, Mr J
Portfolio Committee on Home Affairs
Discharged:
Lovemore, Mrs A
Appointed:
De Freitas, Mr M
Portfolio Committee on Mineral Resources
Discharged:
Marais, Mr E
14 FEBRUARY 2012
Appointed:
Lorimer, Mr J
Portfolio Committee on Communications
Discharged:
Michael, Mrs N
Van Den Berg, Mr N
Appointed:
Shinn, Ms M
Steyn, Mr A
Portfolio Committee on Health
Discharged:
More, Ms E
Discharged:
Waters, Mr M
Appointed:
Kopane, Mrs P
Robinson, Mrs D
Portfolio Committee on Energy
Discharged:
Motau, Mr S
Appointed:
Smalle, Mr J
Portfolio Committee on Economic Development
PAGE: 438 of 447
14 FEBRUARY 2012
Discharged:
Rabie, Dr P
Appointed:
Krumbock, Mr G
PAGE: 439 of 447
Mubu, Mr K
Portfolio Committee on Public Works
Discharged:
Rabotapi, Mr W
Steenhuisen, Mr J
Appointed:
Dreyer, Ms A
Swathe, Mr M
Portfolio Committee on Women, Children and People with Disabilities
Discharged:
Robinson, Mrs D
Appointed:
Lamoela, Mrs H
More, Ms E
Waters, Mr M
Portfolio Committee on Science and Technology
Discharged:
Shinn, Ms M
Appointed:
Kloppers-Lourens, Dr J
14 FEBRUARY 2012
Van Dyk, Dr M
Portfolio Committee on Rural Development and Land Reform
Discharged:
Steyn, Mrs A
Appointed:
Trollip, Mr A
Van Der Linde, Mr J
Portfolio Committee on Human Settlements
Discharged:
Steyn, Mr A
Appointed:
Duncan, Mrs P
Mokgalapa, Mr S
Portfolio Committee on Police
Discharged:
Swathe, Mr M
Appointed:
Stubbe, Mr D
Standing Committee on Appropriations
Appointed:
Mubu, Mr K
PAGE: 440 of 447
14 FEBRUARY 2012
Portfolio Committee on Public Enterprises
Discharged:
Van Dalen, Mr P
Van Dyk, Dr M
Appointed:
Marais, Mr E
Michael, Mrs N
Portfolio Committee on Sport and Recreation
Discharged:
Van Der Linde, Mr J
Appointed:
Rabotapi, Mr W
Portfolio Committee on Defence and Military Veterans
Appointed:
Esau, Mr S
Portfolio Committee on Correctional Services
Appointed:
Max, Adv L
Joint Standing Committee on Intelligence
Appointed:
Max, Adv L
PAGE: 441 of 447
14 FEBRUARY 2012
PAGE: 442 of 447
Portfolio Committee on Water and Environmental Affairs
Appointed:
2.
Wenger, Mrs M
Referral to Committees of papers tabled
(1)
The following paper is referred to the Portfolio Committee on Co-operative Governance
and Traditional Affairs for consideration and to the Portfolio Committee on Public
Service and Administration:
(a)
Report of the Public Service Commission on the Assessment of Recruitment and
Selection Practices in respect of Section 57 Managers and Municipal Managers –
March 2011 [RP64-2011].
(2)
The following paper is referred to the Portfolio Committee on Public Service and
Administration for consideration:
(a)
Report of the Public Service Commission (PSC) on the Trend Analysis on Complaints
Lodged with the Public Service Commission: 2005/06 – 2009/10 Financial Years –
March 2011 [RP65-2011].
(3)
The following papers are referred to the Portfolio Committee on Justice and
Constitutional Development:
(a)
Proclamation No R58 published in Government Gazette No 34677 dated 12 October
2011: Referral of matters to existing special investigating unit and special tribunal:
14 FEBRUARY 2012
PAGE: 443 of 447
Kopanong Local Municipality, in terms of section 2(2) of the Special Investigating
Units and Special Tribunals Act, 1996 (Act No 74 of 1996).
(b)
Proclamation No R59 published in Government Gazette No 34713 dated 28 October
2011: Commencement of section 1 of the Criminal Procedure Amendment Act, 2008
(Act No 65 of 2008): Highveld Ridge.
(4)
The following papers are referred to the Portfolio Committee on Water and
Environmental Affairs for consideration. The reports of the Auditor-General and
Independent Auditors on the Financial Statements and Performance Information are
referred to the Committee on Public Accounts for consideration:
(a)
Report and Financial Statements of Rand Water 2010-11, including the Report of the
Independent Auditors on the Financial Statements and Performance Information for
2010-11.
(b)
Report and Financial Statements of Overberg Water for 2010-11, including the Report
of the Independent Auditors on the Financial Statements and Performance
Information for 2010-11.
(c)
Report and Financial Statements of Amatola Water for 2010-11, including the Report
of the Independent Auditors on the Financial Statements and Performance
Information for 2010-11.
14 FEBRUARY 2012
(d)
PAGE: 444 of 447
Report and Financial Statements of Umgeni Water for 2010-11, including the Report
of the Auditor-General on the Financial Statements and Performance Information for
2010-11.
(e)
Report and Financial Statements of Pelladrift Water Board for 2010- 11, including
the Report of the Independent Auditors on the Financial Statements and Performance
Information for 2010-11.
TABLINGS
National Assembly and National Council of Provinces
1.
The Minister of Home Affairs
(a)
Agreement between the Government of the Republic of South Africa and the Ministry of
interior of the Republic of Cuba regarding technical support, tabled in terms of section
231(3) of the Constitution, 1996.
COMMITTEE REPORTS
National Assembly
1.
Report of the Portfolio Committee on Further Education and Training Colleges
Amendment Bill [B13D – 2011] (National Assembly – sec 76 (1)), dated 7 February 2012:
14 FEBRUARY 2012
PAGE: 445 of 447
The Portfolio Committee on Higher Education and Training, having considered the subject of the
Further Education and Training Colleges Amendment Bill [B13D – 11], amended by the
National Council of Provinces and referred to the committee, reports that it has agreed to the Bill.
Report to be considered
FRIDAY, 10 FEBRUARY 2012
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1.
Classification of Bill by Joint Tagging Mechanism (JTM)
(1)
The JTM, in terms of Joint Rule 160(6), classified the Traditional Courts Bill [B 1 –
2012], introduced in the National Council of Provinces, as a section 76 Bill and as a Bill
falling within the ambit of section 18(1)(a) of the Traditional Leadership and Governance
Framework Act, 2003 (Act No 41 of 2003).
2.
Draft Bills submitted in terms of Joint Rule 159
(1)
National Environmental Management Laws Amendment Bill, submitted by the
Minister of Water and Environmental Affairs.
14 FEBRUARY 2012
PAGE: 446 of 447
Referred to the Portfolio Committee on Water and Environmental Affairs and the
Select Committee on Land and Environmental Affairs.
(2)
Judicial Matters First Amendment Bill, submitted by the Minister of Justice and
Constitutional Development.
Referred to the Portfolio Committee on Justice and Constitutional Development and
the Select Committee on Security and Constitutional Development.
(3)
Credit Rating Services Bill, submitted by the Minister of Finance.
Referred to the Standing Committee on Finance and the Select Committee on Finance.
(4)
Financial Markets Bill, submitted by the Minister of Finance.
Referred to the Standing Committee on Finance and the Select Committee on Finance.
TUESDAY, 14 FEBRUARY 2012
ANNOUNCEMENTS
National Assembly
The Speaker
1.
Appointment of Assembly Whips
14 FEBRUARY 2012
PAGE: 447 of 447
The following members had been appointed as whips of the African National Congress in the
National Assembly with effect from 1 December 2011:
Mr L Suka
Ms A van Wyk
Mr D D van Rooyen