18 NOVEMBER 2008 Page 1 of 292 TUESDAY, 18 NOVEMBER 2008 ____ PROCEEDINGS OF THE NATIONAL ASSEMBLY ____ The House met at 14:03. 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: Order! I wish to announce that the vacancy that occurred due to Mr K P Motlanthe being elected President has been filled by the nomination of Mr L M Kgabi with effect from 14 November 2008 and that the vacancies caused by the resignations of Ms G J Fraser-Moleketi, Mr A G H Pahad, Mr M G P Lekota, Ms A T Didiza, Mr A Erwin and 18 NOVEMBER 2008 Page 2 of 292 Ms S P Rwexana have been filled by the nomination, with effect from 14 November 2008, of Mr E Godongwana, Ms D N Sikosana, Ms T B Sunduza, Mr P O Moloto, Ms J C MoloiMoropa and Mr X B Mabaso respectively. In terms of section 48 of the Constitution, members of the National Assembly must swear or affirm faithfulness to the Republic and obedience to the Constitution before they begin to perform their functions in the NA. I also wish to announce that the vacancy which occurred in the National Assembly owing to the resignation of Mr T D H Ramphele, has been filled with effect from 31 October 2008, by the nomination of Ms T M A Gasebonwe. I further wish to announce that the vacancies which occurred in the National Assembly owing to the resignation of Ms P G Mlambo-Ngcuka, Mr E G Pahad, Mr R Kasrils and Mr F S Mufamadi, have been filled with effect from 31 October 2008, by the nomination of Ms T M A Gasebonwe, Ms A C Mashishi, Ms S B Moiloa-Nqodi, Mr F C Fankomo and Ms F J Wright respectively. The members made and subscribed the oath or affirmation in my office. 18 NOVEMBER 2008 Page 3 of 292 NOTICES OF MOTION Mr N SINGH: Madam Speaker, I hereby give notice that, at the next sitting, I shall move on behalf of the IFP: That the House notes that - (1) the IFP has been a consistent critic of the ministerial blue lights, which have been a source of chaos on the provinces’ roads; (2) in the latest incident a member of the security unit of the KZN MEC for Social Development, Meshack Radebe, has been arrested for shooting at a tyre of a motorist who failed to move over to a slower lane of the N3, near Pietermaritzburg, on Saturday, causing an accident that left eight people injured; (3) the IFP believes that MEC Radebe must be held accountable for this incident; (4) the IFP further believes that clear guidelines and rules now need to be put in place so that this 18 NOVEMBER 2008 Page 4 of 292 unlawful behaviour is stopped before innocent lives are lost; (5) the users of blue lights seem now to have become a law unto themselves; and (6) an urgent debate in Parliament is therefore called for on this matter. GLOBAL FINANCIAL CRISIS AFFECTING BOTH DEVELOPED AND DEVELOPING COUNTRIES ALIKE (Draft Resolution) The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move without notice: That the House ... Mr M J ELLIS: Madam Speaker, there are other motions without notice before we get to the Order Paper. I wonder if we could put those first. The SPEAKER: Yes. 18 NOVEMBER 2008 Page 5 of 292 BARACK OBAMA WINS AMERICAN PRESIDENTIAL ELECTION (Draft Resolution) Mr M J ELLIS: Madam Speaker, I move without notice: That the House – (1) notes that Barack Obama was elected the 44th President of the United States of America on Tuesday, 4 November 2008; (2) further notes that the 2008 US presidential election saw the highest voter turnout since 1908, demonstrating how Americans have embraced their democratic right to have a direct say in the governance of their country; (3) recognises that Barack Obama is the first black president of the United States, signifying how he has been able to transcend racial prejudice and also how the country has overcome injustices of the past that include slavery and segregation; 18 NOVEMBER 2008 (4) Page 6 of 292 acknowledges how this election united Americans from different races, cultures, religions and age groups, who all voted for Barack Obama; (5) congratulates Barack Obama on his election as US President and all Americans who voted and who succeeded in making these US elections an example of democracy at its best and a model worthy of emulation across the world; and (6) wishes President Obama well for his presidential term. Agreed to. WORLD AIDS DAY (Draft Resolution) Ms S V KALYAN: Madam Speaker, I move without notice: That the House – 18 NOVEMBER 2008 (1) Page 7 of 292 notes that Monday, 1 December 2008, is World Aids Day and marks the 20th anniversary of this internationally recognised day; (2) further notes that the number of people living with HIV/Aids is continuing to rise in every part of the world and that there are now around 33 million people living with HIV/Aids worldwide; (3) recognises that South Africa has one of the highest prevalence of HIV/Aids in the world and around 65% of Aids-related deaths occur in sub-Saharan Africa; (4) further recognises that people living with HIV/Aids often face discrimination from others due to the fact that HIV/Aids still carries a social stigma in our country and that the pandemic has pervaded every sphere of our society and has left over a million children orphaned across South Africa; (5) acknowledges the selfless role stakeholders in civil society and in local communities have played in fighting the enormous social consequences of the HIV/Aids pandemic in our country; 18 NOVEMBER 2008 (6) Page 8 of 292 further acknowledges that education is needed to prevent an increase in new infections and that all South Africans, especially our leaders, need to speak loudly and unambiguously about HIV/Aids; and (7) calls on all South Africans to stand together to fight this pandemic and to support and care for those whose lives have been ravaged by HIV/Aids. Agreed to. GLOBAL FINANCIAL CRISIS AFFECTING BOTH DEVELOPED AND DEVELOPING COUNTRIES ALIKE (Draft Resolution) The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move without notice: That the House – 18 NOVEMBER 2008 (1) Page 9 of 292 notes the serious global financial crisis that is affecting both developed and developing economies across the world with no abatement; (2) further notes that the deteriorating economic environment is largely a result of a slowing global economy following trajectory, a the world’s sustained low longest inflation growth and low interest rates periods resulting in reckless lending practices, holding of risky speculative assets and derivatives, low appreciation of risk management practices and deregulation of the financial sector, leading to the collapse of the inter-bank lending system, withdrawal curatorships and of a liquidity bust in short-term the bank international financial systems; (3) further notes that, despite pursuance of a neo- liberal agenda, a substantial majority of developed countries, especially the United States of America, USA, and the United Kingdom, UK, have embarked on partial nationalisation of banks as well as some of the financial institutions that are seriously 18 NOVEMBER 2008 Page 10 of 292 affected by the current financial crisis over and above bailing them out financially; (4) recognises world that leaders, Markets and the meetings including World and the Economy, declarations Summit the on G-20 of Financial meeting of Finance Ministers and Governors, and the meeting of African Ministers of Finance and Planning and Governors of the Central Banks have conceded to the call for strong action to be taken to stabilise the financial system, the use of appropriate fiscal and monetary policy to stimulate domestic demand, greater macroeconomic co-operation to avoid negative spillovers, support for emerging and developing markets and the need to ensure the restructuring of the International Monetary Fund, IMF, the World Bank, WB, and other Multilateral Development Banks, MDBs; (5) believes that the resolution taken by the recent 119th Inter-Parliamentary Union General Assembly in Geneva to international the causes organise as parliamentary and effects soon as possible conference of the to an examine international 18 NOVEMBER 2008 Page 11 of 292 financial crisis on the global economic system and identify ways of dealing with the consequences of this crisis, is correct; and (6) urges the Parliamentary Network on the World Bank, PNoWB, Conference, which will convene in Paris from 18 to 22 November 2008, to provide leadership as elected public current crisis representatives as a matter and address the of urgency in consultation with the IPU. Agreed to. MOTION OF CONDOLENCE (The late Prof Es’kia Mphahlele) The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker I move without notice: That the House – (1) notes with profound sadness the death of Professor Es’kia Mphahlele on Monday, 27 October 2008; 18 NOVEMBER 2008 Page 12 of 292 (2) further notes that Professor Mphahlele lived out a career that was emblematic of a whole generation of writers; (3) recalls that, together with Lewis Nkosi, they were leading and towering figures in the Drum generation of writers that came to prominence in the 1950s in the magazine of which he was responsible for editing fiction stories and for which he was also a political reporter; (4) further recalls that in 1957 Professor Es’kia Mphahlele left the country of his birth, South Africa, and went to live in exile in, amongst others, countries such as Nigeria, Zambia, Kenya and the United States of America; (5) recognises that he has written several books that depict the life of a black South African, which include: Down Second Avenue, Africa My Music, Man Must Live and The Wanderers, to mention but a few; and 18 NOVEMBER 2008 Page 13 of 292 (6) conveys its condolences to the Mphahlele family, his friends and the academic fraternity. Agreed to. MOTION OF CONDOLENCE (The late Mrs Vuyiswa “Tiny” Nokwe) The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move without notice: That the House - (1) notes with sadness the passing away of Mrs Vuyiswa “Tiny” Nokwe, on 24 October 2008; (2) recalls that, after her matriculation at Langa High School in Cape Town, she went to study at the only tertiary institution in the country at that time that allowed black students, the University College of Fort Hare, where she obtained her BSc degree in 1951 and B.Ed in 1952 and that it was while at the 18 NOVEMBER 2008 Page 14 of 292 same institution that she met the love of her life, Advocate Dumalisile Nokwe; (3) further recalls that in 1964, together with Manzo, she left the country of her birth and settled in Zambia, where she took up a teaching post and quality of remained till she returned home; (4) acknowledges that the outstanding selfless dedication and willingness whatever capacity was the to hallmark serve of in this remarkable lady and freedom fighter, and that she showed that one could maintain dignity and still be a fearless fighter; and (5) conveys its condolences to the Nokwe family and the African National Congress. Agreed to. MOTION OF CONDOLENCE (The late Mama Miriam Zenzile Makeba) 18 NOVEMBER 2008 Page 15 of 292 The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move the draft resolution printed in my name on the Order Paper, as follows: That the House - (1) notes with shock and profound sadness the untimely death of Mama Miriam Zenzile Makeba on Sunday, 9 November 2008; (2) further notes that the Goodwill Ambassador for South Africa died doing what she does best, namely communicating a positive message through the art of singing while she was taking part in a concert for Roberto Saviano, a writer threatened with death by the Mafia; (3) recalls that throughout her life Mama Makeba communicated a positive message to the world about the struggle of the people of South Africa and the certainty of victory over the dark forces of apartheid colonialism through the art of song, and that she was the legendary voice of the African 18 NOVEMBER 2008 Page 16 of 292 continent that remained very strong for democratic changes; (4) recognises that Mama Africa received a Grammy Award for Best Folk Recording in 1965 with Harry Belafonte for An Evening With Belafonte/Makeba and that the album was about black South Africans living under apartheid, and also that she became the first black African woman to receive a Grammy Award, which she shared with folk singer Harry Belafonte in 1965; and ` (5) conveys its condolences to the Makeba family, her friends and the arts community. The SPEAKER: Before I give parties an opportunity to address the motion as introduced by the Chief Whip, I want to acknowledge the presence of Miriam Makeba’s family in the gallery, and also that of one outstanding South African actor and cultural worker, Zakes Mokae, who lived with Miriam Makeba in the States for many years. They are present in the Speaker’s bay. Welcome to the House. [Applause.] Mr Mokae is accompanied by his friends, also from the States, and his wife, Mandy. Welcome to the House. 18 NOVEMBER 2008 Page 17 of 292 The DEPUTY PRESIDENT: Madam Speaker, may I also start by welcoming, yet again, and recognising the friends and family of Miriam Makeba. Hon members of Parliament and fellow South Africans, I am honoured to join the millions around the world to commemorate the living memory of Mama Miriam Zenzile Makeba. This past weekend at her memorial service, we joined the multitude of fans of this world-acclaimed icon to pay our last respects and say: Thank you, Mama Miriam, for sharing your life with us. We acknowledge that she has returned to her everlasting home to watch over us as she did in this world in her capacity as our mother, sister and story teller in song. The whole world recognises her stellar achievements in the world of music in particular and culture in general. She accomplished a great deal since her debut with legendary groups like the Manhattan Brothers and the Skylarks. As the National Heritage Council, NHC, said: 18 NOVEMBER 2008 Page 18 of 292 Our country and the musical world at large have not only lost an irreplaceable idol but we have lost a cultural institution all by herself. She extended the horizons of African musicians and inspired a whole generation of Afro-pop and Afro-jazz musicians. We have lost a singer par excellence who used her beautiful voice of unique rhythmic power to spread a message that stated simply that injustice anywhere must be challenged and the struggle for truth must continue. Even in her last days, she was participating in a concert in Italy for an Italian journalist whose life had been threatened after publishing a book critical of the mafia. Today, we are gathered in this House to remember South Africa’s Goodwill Ambassador to Africa, to pay homage to a woman who sacrificed much for us to be free. Her contributions to our liberation are legendary, as when she stood at the United Nations in 1963 to decry and denounce a system of unimaginable dehumanisation to its citizens. Those of us who were privileged to bask in her glory and glow in her shadow recall a woman and a sister whose humility came naturally. 18 NOVEMBER 2008 Page 19 of 292 Mama Miriam was not a pretender to her queenly throne. She was kind, she was giving and she was there for her contemporaries who struggled to cope with life in exile. Mama Miriam’s actions spoke louder than our pronouncements of her abilities as a caring singer. In being honoured as South Africa’s first ever Goodwill Ambassador in March 2001, the former President said that he recognised and honoured Ms Makeba’s contribution over the decades in playing a lead role internationally, in the struggle for the African people’s freedom and their emancipation from slavery, colonialism and apartheid, and in the instilling of pride in African history, culture and civilisation. Africa has lost a true daughter and patriot to whom it was unforgivable to be a singer and just entertain without educating the world about the tragedy of women survivors in the Democratic Republic of Congo, DRC. In March this year, she went to the DRC in her capacity as the Food and Agriculture Organisation Ambassador. She also expressed concern to us here in South Africa about sexual violence. Her words ring true for Africa that even though 18 NOVEMBER 2008 Page 20 of 292 women, and I quote, “guarantee the survival of 80% of households ... they are frequently victims to rape”. These are not the words of a woman who was only interested in world fame or becoming rich; she was acquainted with the sea of poverty, hunger and hopelessness besetting our families and neighbourhoods. Her life is a message by itself to all people who aspire to either public office or celebrity status. Her life says to all of us as public representatives that such positions carry a responsibility to those without a voice. Her life says that to be a public figure is to be selflessly dedicated to the poor, the marginalised and the vulnerable. Mama Makeba managed to combine effortlessly her commitment to her craft and art along with her love for her people, especially young children. The accolades she garnered in the five decades she was in the public spotlight speak to a person who could not sit idly by when she was told of the abused girl-children, who did not have a home and people to care for them. These accolades speak to someone who founded and became a benefactor to the Makeba Rehabilitation Centre for Girls, 18 NOVEMBER 2008 Page 21 of 292 which opened in 2003 in Midrand. This centre caters for girls ranging in age from 11 to 17 years, and what is truly touching about this centre is that these girls come from dysfunctional families, and some are orphans. She has done it all and received all known acknowledgements, from Grammy Awards to a Swedish Polar Music Prize, as well as the Dag Hammarskjöld Prize for Peace in 1986, and in 1999 she received the National Order for Meritorious Service from South Africa. Her story of triumph in this world does not end here. Mama Miriam is a woman, a mother, a grandmother and a greatgrandmother who also took up the initiative of developing continental networks among women from South Africa and West Africa. In this capacity she set up a Skills Development Exchange Programme, which is a continent-wide collaboration. It is my wish that the younger generation of musicians that are trustees of her legacy will take up the baton and work to transform lives of others for the better. This is what “Mama Africa” has striven to do since she went into exile in 1959, being a light of inspiration to her fellow 18 NOVEMBER 2008 Page 22 of 292 musicians, lifting up and empowering women and children and simply being an unparalleled role model to all of us. It was thus befitting that she was voted 38th in the top 100 poll of Great South Africans in 2004. I recall her words on the already-mentioned trip to the DRC this year: I would like my visit to this country to be an opportunity to renew and strengthen our commitment and ensure that innocent victims suffering from hunger have access to the necessary resources to cultivate their hopes for a better life. When I think of Mama Zenzile Makeba, I seem to recall another heroine, Ms Ella Fitzgerald, when she sang Skylark. The lyrics to this classical tune are familiar on this occasion: Skylark, have you anything to say to me? Is there a meadow in the mist? Have you seen a valley green with spring? Where my heart can go a-journeying over the shadows and 18 NOVEMBER 2008 Page 23 of 292 the rain to a blossom-covered land? Oh Skylark, won’t you lead me there? I see I have some time, and I wish to share with you some of the words we listened to at the funeral service on Saturday. When the Minister of Arts and Culture addressed the funeral service, among other things, he referred to the endless love of music of “Mama Africa”. She kept telling us that she was retiring. And I think hon members will remember when she sang to us, some years back, at one of those beginning-of-the-year concerts. She did even on that occasion announce that she was retiring. But look where she died, coming down from a stage, after singing. She could never get herself to stop singing. I always say she left beautifully, because she left us after doing something that was what she enjoyed most in life; what she did best in life. I also want to refer to the words of Minister Nkosazana Dlamini-Zuma, who referred to her generosity. Among stories she told was a story of how Mama Miriam came across her 18 NOVEMBER 2008 Page 24 of 292 daughter at an airport, and the child had lost her luggage. Without hesitating, she took out some money and gave it to her to go and buy clothes for herself. That is why we say that she was not just a star on stage; she was a beautiful human being, a mother and a very gentle person. In working with the Ministry of Foreign Affairs, she cooperated unhesitatingly with the Minister on the many needs that they had to address, sometimes without having planned ahead, and she would immediately just offer herself and her energies to assist in addressing the problems that the department was faced with. The speech that touched me most was that of her 13-year-old great-grandson, who told us that, of course, he ought to have been calling her “ukhokho” that is great-grandmother, but he called her “gogo” [grandmother]. He also said that she was her own person. She got to America and, of course, any normal human being would immediately start playing the game according to what the people around you are doing, but Miriam stayed African; in the way she carried herself, in the songs that she sang, the preoccupations that, in fact, informed the content of 18 NOVEMBER 2008 Page 25 of 292 the music. At the end, Lindelani said that we should learn from her. I think that that is a great message that we should also leave in this House today. In the way she lived her life, the way she loved Africa, and, in fact, became more of an African than a South African, we should learn from her. I believe that a better place is where Mama Makeba is at present. At her memorial service this past Saturday, I was touched also by a wonderful rendition of hers of a biblical song, and I felt that it was a fitting end to a most dignified life and a most dignified woman. The song I am referring to is titled When I Die Tomorrow, and I wish to briefly quote its touching lyrics, When I die tomorrow, I will say to the Lord, Oh Lord you’ve been my friend. Thank you, Lord. Oh Lord, I’m your child, Oh Lord, I am your child. May her soul rest in peace! 18 NOVEMBER 2008 Page 26 of 292 Thank you. Mrs D VAN DER WALT: Madam Speaker, `` a larger-than-life lioness of the struggle and a songstress in whom Africa had found her voice’’: This is how the publicist, Mark Le Chat, so aptly paid tribute to Miriam Makeba in his foreword to her 2004 album, Reflections. As he recounted his presence in the hot and fevered atmosphere where her arrival was awaited in a downtown club in Johannesburg in December of 1990, suddenly, he recounts, the room went quiet in a reverential kind of way as Miriam Makeba stood in the doorway, clothed in a headdress and robe fashioned from the gorgeous fabrics of Guinea-regal, yet paradoxically humble. She was seemingly shy. Yet the owner of a powerful persona which took your breath away momentarily before the assembled crowd burst into ululating, applause and tears. The mark that Miriam Makeba left on the global music scene and the great service that she has done to both African and South African music will live on for decades to come. She remains one of the most important female vocalists to have emerged out of South Africa. She has rightly been hailed the Empress of African Song and Mama Africa, not 18 NOVEMBER 2008 Page 27 of 292 only for her prowess as a musician but also for helping to bring African music to a global audience in the important decade of the 1960s. More than five decades after her debut with the Manhattan Brothers, she continued to play an important role in the growth of African music on the stages of the world. The fruits of her musical contribution will live on for decades to come and nothing will ever be able to relegate it, or the memory of her gorgeously pitched range and the husky drift of her voice, to the forgotten annals of music. But Miriam Makeba’s contribution was not only in terms of music. Her life was marked consistently by struggle. Born into poverty, she soon recognised that music was a type of magic which she could use to uplift herself. But she would always balance her vocal successes with her outspoken views about apartheid and racial injustice across the world, something for which she came to pay a heavy price. In a regrettable step, the government of South Africa revoked her citizenship in 1960. This forced her to be a citizen of the world for the next 30 years, albeit a world that for the next 30 years was not entirely welcoming, 18 NOVEMBER 2008 Page 28 of 292 since a number of Western governments also became unsympathetic towards her for her association with the civil rights movement. In a lesson to all of us, Miriam Makeba prevailed as a force of good and a force of musical beauty - her fate in death being nearly as poetic as her fate in life. On 9 November 2008, in the moments before her passing, she was taking part in a concert organised for a social cause, to support writer Roberto Saviano in his stand against the Camorra, a mafia-like organisation local to the region of Campania. Miriam Makeba has shown herself to be a great South African. She has distinguished herself as a daughter of Africa who was proud of her continent and who enlivened many of its grand steps to liberation. But most importantly, Miriam Makeba was an outstanding global citizen who spoke out about injustice everywhere in the most beautiful songs that will permeate homes, public spaces and memories for decades to come. Lala kahle, Mama Africa. [Rest in peace, Mama Africa.] [Applause.] 18 NOVEMBER 2008 Page 29 of 292 The HOUSE CHAIRPERSON (Mr M B Skosana): Thank you, Madam Speaker, hon Ministers, Deputy Ministers and hon members, on behalf of the Inkatha Freedom Party and its President, Prince Mangosuthu Buthelezi, I join the hon members of this respectable House in expressing our sincere condolences to the family of the late Miriam Makeba, her friends and all people of South Africa. Much has been said about her over the past days: her life, her music and her friends – some of whom, I understand, are also here with us - her achievements, her accolades and her selfless sacrifice in the struggle for South Africa’s liberation. When one talks about Mr Zakes Mda, then I remember a play called, Come Home Child. The demise of Miriam Makeba is a great loss for South Africa and the world, from all those who were touched by her dynamic presence and personality to those whose hearts and souls were charmed by her majestic melody and song. Indeed, we are all poorer without her. However, we must derive much solace and comfort in the magnanimous spirit she left with us. And like Thucydides in her oration of a funeral, we say: 18 NOVEMBER 2008 Page 30 of 292 For heroes have the whole earth for their tomb; and in lands far from their own, where the column with its epitaph declares it, there is enshrined in every breast a record unwritten with no tablet to preserve it, except that of the heart. The people of Italy blessed with the last performance and song from Miriam Makeba that fateful evening will testify to their fortune. Miriam Makeba was bequeathed to the world community at a very tender age. She became South Africa’s ambassador of goodwill decades before this title was officially conferred on her by the former President, Mr Thabo Mbeki. Persecuted at home with racist draconian laws, Miriam Makeba amassed exceptional courage to tell the painful story of the people of South Africa to the United Nations, presidents, kings, and prime ministers around the world. Long after the mourning period is over and tears of sorrow have been gracefully wiped away, long after memorial services and eulogies have passed, long after the gospel choirs, symphonies, musicians and bands of all shades have 18 NOVEMBER 2008 Page 31 of 292 ended their renditions, Miriam Makeba’s beautiful song will remain with us and with the people of the world. For now, let us be content that the songbird sings no more for us, but sings with the angels above. May God keep her soul. Amen. [Applause.] Mr G T MADIKIZA: Madam Speaker and hon members, the United Democratic Movement wishes to extend our deepest heartfelt condolences to the family, friends and colleagues of the late Miriam Makeba during this time of bereavement. Mama Africa, as she was affectionately known, attained many tremendous achievements during her lifespan. She will be remembered as a person who lived her life to the fullest. She will also be remembered for her talent, style and passionate belief in what she was doing, as well as carrying a message of hope for South Africans during trying times inside and outside the country. Her legacy lives on through the accomplishments of her children and the younger generation who aspire to be musicians. The youth of today can learn from the discipline 18 NOVEMBER 2008 Page 32 of 292 and respect that Miriam Makeba embraced throughout her life. She was rated among the leading proponents of change in South Africa. We have lost a true role model whose work will always be remembered. Indeed, hers is a sad loss to the country and to the continent. May her soul rest in peace. I thank you. [Applause.] Mrs P DE LILLE: Madam Speaker, on behalf of the ID, I want to express our condolences to the family of our sister, Miriam Makeba. Mama Africa’s contribution towards the struggle against apartheid can never be overstated. Miriam Makeba was the daughter of the soil who liberated our country with her beautiful voice. She appealed to young and old, and her activism as a singer who sang about real issues is a hard act for singers of today to follow. We will forever be indebted to her for the countless times we were made to feel alive and free by her beautiful voice, even during oppression. To her family and millions of fans around the world, I would like to say, this is not only a time for mourning; it is also an opportunity to celebrate the contribution of her 18 NOVEMBER 2008 Page 33 of 292 life to our nation. May her soul rest in peace. Thank you. [Applause.] Rev K R J MESHOE: Madam Speaker, the ACDP is saddened by the loss of Mama Africa, Zenzile Miriam Makeba; a great lady, musician, activist and an ambassador for black people everywhere, who made famous the phrase, “black is beautiful.” Her rich voice sang songs that decried oppression wherever she found it. Her “Click Song” and “Pata Pata” become international hits, bringing attention to the plight of black people suffering under apartheid. She declared that she would sing until the day she died, which she did, in Italy, in the open air at an antiracism and anti-Mafia concert. Mama Africa twice addressed the United Nations, speaking out against the evils of apartheid, and her fearless humanitarianism earned her many international awards. She weathered many storms, including several car accidents, a plane crash and even cancer, and was as active in her latter days as if she were still a young girl. It was heartwarming to hear that at the age of 74, Mama Makeba insisted on doing a studio interview when she could 18 NOVEMBER 2008 Page 34 of 292 have stayed home and done it over the telephone. It revealed a woman of much humility despite her immense fame. The ACDP expresses heartfelt condolences to the family. We join you, together with people all over the world, in mourning your great loss. Thank you. [Applause.] Mr P H K DITSHETELO: Madam Speaker, hon members, the legendary South African singer, fondly known as Mama Africa, has passed away. In 1963, her South African citizenship was revoked after testifying before the United Nations Congress on the issue of apartheid. She was not welcome in her own country, but 10 different countries made Makeba an honorary citizen and they all issued her with passports. The South African government’s radio and television refused to broadcast her songs until 1989. It was only in 1990, when many long-exiled South Africans returned, that she was able to return home. We want to honour her today and thank her for the tremendous sacrifice and contribution she made by leaving behind her family and still continuing to make us proud as she used her fame to focus attention on the abomination of apartheid. 18 NOVEMBER 2008 Page 35 of 292 Re lebogela botshelo ba ga Mama Afrika. O dirile tiro ya gagwe e e neng e mo tshwanetse, e e neng a e rata. O tlhokafetse a e dira. A Modimo o nne le ena. Re leboga le go utlwa botlhoko le bagaabo. A kagiso e nne le bone. [Legofi.] (Translation of Setswana paragraph follows.) [We would like to pay tribute to Mama Africa. She played her part. She was passionate about singing; that is why it was not surprising that she met her untimely death while singing. Let the Lord be with her. We celebrate her life and we would like to convey our condolences to her family. Let peace be with them. [Applause.]] Ms S RAJBALLY: Madam Speaker, I cannot express the shock and dismay I felt when hearing the news of the passing away of our beloved Mama Africa. The late Miriam Makeba was a light to our nation and her melodious voice rang out the sweetness of our people, on being African. Miriam Makeba, though a great celebrity and loved globally, did not live unscathed by the apartheid regime. Her return to South Africa brought back to our people an angel of light, to whom she was a best friend, a mother and a sister. 18 NOVEMBER 2008 Page 36 of 292 The MF takes this opportunity to express our deepest condolences to the family, friends and the entire nation on the loss of this magnificent artist and an amazing lady, Miriam Makeba. Miriam, you will always be our angel and as you “Pata Pata” our hearts, you’ll live in them forever. God bless you. May you rest in peace. Thank you. [Applause.] Dr S E M PHEKO: Madam Speaker, Miriam Zenzile Makeba defied the circumstances of her birth. She was only 18 days old when her mother was imprisoned for six months for brewing African beer. This was illegal according to colonial laws. Her mother took her with her to jail. Miriam also lost her father when she was six years old. Childhood was, for Miriam Makeba, a bundle of despair, but she rose to be a celebrated musician internationally and earned the title “Mama Africa”. She was not a politician, but a musician par excellence. She was sensitive to the national humiliation of her people. Many of her songs spoke to suffering and dispossession of her people. She sang ... Bahleli bonke etilongweni; bahleli bonke kwaNongqongqo. Yini na ma-Afrika? 18 NOVEMBER 2008 Page 37 of 292 She sang: Nanku, nanku uSobukwe; nanku, nanku noMandela. She sang: Abantwana beAfrika bakhalela izwe labo, elathathwa ngabamhlophe. Mabawuyeke umhlaba wethu! She consulted with Johnson Makhathini of the ANC and David Sibeko of the PAC at the United Nations. She treated all leaders of our country with respect. She knew that all freedom fighters of this country were sacrificing for some noble cause. She gave them equal respect and recognition, and her speech is testimony to this. Anyway, death is a necessary end. “It will come when it will come,” as Shakespeare put it, but in the context of eschatology, death is a passport to a deathless land beyond the universe. Mama Africa for now: Mabawuyeke umhlaba wethu. We shall sing that song until the objective for which the liberation struggle was waged is achieved. 18 NOVEMBER 2008 Page 38 of 292 Tsamaya ka kgotso kgabane ya Afrika, re lla le lona he, ba ha Makeba. Bohle re tseba hore ngwana wa lona e ne e se moradi wa lona feela, e ne e le moradi wa Afrika, e ne e le moradi wa rona kaofela. Re a le leboha ka ho mo adima batho ba Afrika. Ke a leboha. [Mahofi.] (Translation of Sesotho paragraph follows.) [Go well, Mama Africa; we sympathise with you, the Makeba family. We all know that your daughter did not belong to you alone; she was the daughter of Africa, and she was a daughter to all of us. We thank you for lending her to the people of Africa. Thank you. [Applause.]] Mr L M GREEN: Madam Speaker, the late Miriam Makeba was a world musical icon. She was a daughter of this soil who sang her way into the hearts of millions of people, and her “Click Song” brought melodious joy to all of us. “Pata Pata”, one of her most famous songs, is a classic and as it means dance, we believe that such was the influence of her songs. It brought happiness to our souls. She will be missed, but she died while doing what she does best, and that is singing to international audiences. Her death will be mourned by us all, for she has made her mark 18 NOVEMBER 2008 Page 39 of 292 on the world stage; not only as a singer, but as a humanitarian activist as well. She made her contribution to making this world a better place. Her virtues were those of integrity, respect for others, charity and unselfish service. South Africa has over the past few years lost many excellent artists through death, some naturally, others through violence. We become poorer in spirit if these icons are not recognised for what they contribute to the soul of our nation. On behalf of the FD, I wish to express our sincere condolences to the family of Miriam Makeba. May the Lord be with the family and loved ones of the late Miriam Makeba during the time of bereavement and may they be consoled with the knowledge that though she is no longer with us, her songs and memories will remain in our hearts for generations to come. May the soul of Miriam Makeba rest in peace. Thank you. [Applause.] Debate concluded. Motion agreed to. 18 NOVEMBER 2008 Page 40 of 292 MOTION OF CONDOLENCE (The late Mr B Nair) The CHIEF WHIP OF THE MAJORITY PARTY: That the House - (1) notes with profound sadness the passing away of Mr Billy Nair on 23 October 2008; (2) recalls that Mr Nair committed his life to the cause of freedom, peace and democracy and that he joined the Natal Indian Youth Congress in 1949, became its Secretary in 1950 and later joined the Natal Indian Congress and that he was also a volunteer in the 1952 Defiance Campaign and served on the first executive committee of the South African Congress of Trade Unions; (3) further recalls that Mr Nair was active in Umkhonto weSizwe from its establishment on 16 December 1961 and in 1963 was charged with sabotage and received a 20-year sentence, which he served on Robben 18 NOVEMBER 2008 Page 41 of 292 Island and that Mr Nair had also been a member of the national Democratic South executive Front, African the committee Central Communist of the Committee Party, the United of the National Executive Committee of the ANC and in 1994 became a Member of Parliament until 2004; (4) acknowledges the momentous role played by Mr Nair towards the birth of a nonracial, nonsexist and democratic South Africa, as well as his immense contribution in the reconstruction and development of our country; and (5) conveys its condolences to the Nair family, the African National Congress and the South African Communist Party. Agreed to. The SPEAKER: The condolences will be conveyed to the Nair family, the African National Congress, and the South African Communist Party. CONCERN ABOUT GLOBAL FINANCIAL CRISIS 18 NOVEMBER 2008 Page 42 of 292 (Member’s Statement) Mr T J BONHOMME (ANC): Madam Speaker, on the statement of the global financial crisis, the African National Congress has observed, with great concern, the current global financial crisis that has affected, and is still seriously affecting both developed and developing economies across the board with no abatement. The epicentre of this extremely grave financial market crisis is the USA. South Africa’s financial sector has borne up relatively well and for several reasons including, as it is widely acknowledged, the remaining exchange control measures. But the global economic crisis will certainly impact upon South Africa’s economic growth prospects over the next years and pose challenges for job creation and other development goals. The global crisis will also impact upon the persisting systematic points of vulnerability: currency volatility, the current account, and the inflationary pressures. 18 NOVEMBER 2008 Page 43 of 292 Despite the advocacy of the neoliberal agenda, a substantial majority of developed countries, especially the United States and United Kingdom, have embarked on partial nationalisation of the banks, as well as some of the financial institutions that experienced the current financial crisis, over and above bailing them out financially. The African National Congress-led government continues to work for changes at the World Trade Organisation, the International Monetary Fund and the World Bank and thus mandate government to prioritise efforts to fight poverty and to build the economies of developing countries; to work to make multilateral institutions more accountable to the people of the South; to work to strengthen the United Nations and specialised economic agencies and promote greater coherence between the different multilateral agencies. I thank you, Madam Speaker. RELAUNCH OF DEMOCRATIC ALLIANCE (Member’s Statement) 18 NOVEMBER 2008 Page 44 of 292 The LEADER OF THE OPPOSITION (DA): Chairperson, may I also express my condolences to the family of Miriam Makeba, whom I first heard in concert in Berlin in 1969. The relaunch of the Democratic Alliance signals a new promise and a new approach: a promise that we can turn South Africa into a society in which everyone has a fair chance at achieving their dreams, irrespective of the circumstances of their birth, and a renewed determination to address the injustices and to transcend the racial divisions of our country’s past for the benefit of all the people of South Africa. It melds our core philosophy of an open opportunity-driven society for all with our historic quest to promote and defend the Constitution and our democracy. One nation, one future: the security of all our children, women and men, a market economy appropriately regulated and focused on creating jobs, and a welfare safety net for those who cannot provide for themselves. We now express each of these concerns as an integrated part of our new identity. 18 NOVEMBER 2008 Page 45 of 292 This step signals the DA’s confidence as a party that speaks to the needs of the people with real policy alternatives. Most importantly, our new identity shows we are a party of government and not just opposition – a winning party that will prove its governing mettle after the next election. ANC, beware. [Interjections.] WELCOMING OF DELEGATION FROM REPUBLIC OF KENYA The HOUSE CHAIRPERSON (Mr A C Nel): Hon members, before I give the IFP an opportunity, could I recognise the presence in the gallery of a delegation from the parliament of the Republic of Kenya, led by the hon Fred Kapondi Chesebe. Welcome to Parliament. [Applause.] INTERVENTION IN KWAZULU-NATAL IN TERMS OF SECTION 100 OF CONSTITUTION (Member’s Statement) Mr H J BEKKER (IFP): Chairperson, whilst the rest of South Africa, and the world for that matter, are trying to be financially prudent, the overspending of departments in the KwaZulu-Natal government has meant that the intervention of 18 NOVEMBER 2008 Page 46 of 292 National Treasury is needed to keep government services going. In his presentation to the provincial legislature finance committee, the KwaZulu-Natal head of treasury said that 11 out of the 16 departments were currently overspending. Overexpenditure for the 2009 year is now at R2,1 billion, with the health department alone overspending by R1,5 billion. This mismanagement and the irresponsible actions of these departments mean that service delivery, which is already slow, is going to be hampered even further, resulting in inconvenience and suffering for the many people whom they are meant to be helping. It is obvious that there is a lack of leadership and management, and that the current management cannot deliver and provide the necessary services to the people of KwaZulu-Natal. It is with this in mind that we call upon the Minister of Finance to intervene directly in terms of section 100 of the Constitution. I thank you. REGISTRATION OF VOTERS (Member’s Statement) 18 NOVEMBER 2008 Page 47 of 292 Mr W M SKHOSANA (ANC): Chairperson, the ANC welcomes the efforts demonstrated by all South African patriots in defending the democratic gains of all the people and advancing towards a society in which the government is freely chosen by the people. The IEC set aside the weekend of 8 and 9 November 2008 as voter registration weekend. A total number of 1 648 189 new registrations were received, whilst another 1 752 596 currently registered persons applied for registration in new voting districts following the change of addresses. A further 293 871 reregistered in their same voting districts, these having already registered previously. The total number of recorded visits to the registration stations came to about 3 694 656. The drive has far surpassed the expectations of the IEC and we are all delighted to see a successful weekend drive to register new voters, especially the youth, who represent the majority of the weekend registration actively at about 77,9%. The IEC says: “We are proud to say that this was our most successful registration since 2000.” 18 NOVEMBER 2008 Page 48 of 292 However, there have been some challenges that cropped up during the registration relating to the setting up of the some voting districts and opening time. We urge the IEC to attend to these challenges. The ANC urges all registered voters to participate in their millions in the elections of 2009 and renew the democratic mandate of the ANC. I thank you. [Applause.] ALLEGED CORRUPTION AT SAA SENIOR MANAGEMENT LEVEL (Member’s Statement) Ms N C NKABINDE (UDM): Thank you, Chairperson. The UDM notes that the SAA finds itself, once again, embroiled in a scandal. This time, the Sunday Times claims that the CEO has been involved in breaking the company policy by reinstating Voyager miles to a person supposedly employed to investigate corruption in the SAA. It is nonsensical to commit corruption in pursuit of fighting corruption. If this were an isolated incident of dubious management at the SAA it would have been cause for concern. The SAA has not seen a year go by in the past decade without management and financial woes. In the past 18 NOVEMBER 2008 Page 49 of 292 few years this House has bailed out the SAA to the tune of billions of rands. It is especially galling for the thousands of workers who have lost their jobs during the SAA’s restructuring and the many workers who still face retrenchment, to witness the excess and the unpunished transgressions of senior management. Whilst thousands of workers are uncertain about their future, the man at the top is paid a fortune despite wasting the resources of the company. The UDM calls on the board of SAA to act immediately on these latest allegations. I thank you. TEENAGE PREGNANCIES (Member’s Statement) Mrs P DE LILLE (ID): Chairperson, may I use this opportunity to congratulate you on your appointment as the chairperson. As we enter the 16 days of activism against women and children abuse, the issue of teenage pregnancies must be dealt with. But it cannot be dealt with through knee-jerk reactions and solutions that put the sole responsibility and blame on teenage girls. 18 NOVEMBER 2008 Page 50 of 292 The ANC’s President’s comments that pregnant teenage girls must be sent to boarding schools perpetuate the patriarchal and sexist values in our society. Why is it that girls and women have to bear the responsibility alone? What about the responsibility of the boys and men? Why are we not confronting the power relations within our society that are leading to girls being victimised while men refuse to take responsibility for their actions? The ID believes that we need real solutions to the many social problems afflicting our society. Real leadership means standing up for what is right rather than mouthing of the rhetoric that simply entrenches the values that need to be challenged in our society. Thank you. EDUCATION SUMMIT IN GUGULETHU (Member’s Statement) Ms N M MDAKA (ANC): Chairperson, the Gugulethu parliamentary constituency office, in partnership with the metro central education district and other stakeholders, held a successful two-day educational summit on Friday, 24 and Saturday, 25 October at the Ekhwezi Community Centre. 18 NOVEMBER 2008 Page 51 of 292 The summit was an initiative of the Gugulethu parliamentary constituency office, after visiting and consulting with schools as part of a fact-finding exercise through readiness earlier this year. The primary focus of the summit was to look at various challenges facing schools in Gugulethu, ranging from poor matric results, school vandalism, crime, teenage pregnancy, lack of recreational facilities in schools, drug abuse, etc. The summit was attended by various local stakeholders, including the MP deployed into the area, Ms Ramakaba-Lesiea and the MEC for education, Mr Yousuf Gabru, in order to engage these challenges and come up with solutions. Some of the resolutions taken were: the formation of the Gugulethu education forum, that education should not be treated as a government matter alone but in partnership with communities, and that the summit should be held annually in order to check the progress made on the summit resolutions. The ANC is committed to the principle of building a caring society. I thank you. 18 NOVEMBER 2008 Page 52 of 292 THE STRUGGLE OF INDIANS (Member’s Statement) Ms S RAJBALLY (MF): Chairperson, I would first like to congratulate you on achieving your seat. I’m not going to call you Deputy Speaker. Chairperson, 148 years ago, the ships Bulverde and Tyrol left Calcutta and Madras for South Africa, bringing onto our shores Indians who were indentured to do manual labour. Today, I stand here requesting all to recognise the struggle of these people and the great contribution Indians have made to the development of South Africa. Under a segregated system Indians too bore the brunt of the apartheid regime and, together with the other victims of the system, fought for the freedom of our people. We applaud all who share this heritage by realising the value of every person in South Africa. We encourage unity and so stimulate our ability to address our country’s challenges. Thank you. CONSTRAINTS ON OPERATION OF SCOPA 18 NOVEMBER 2008 Page 53 of 292 (Member’s Statement) Mr E W TRENT: I hope the Minister of Finance will listen, since he’s in the House. If the Democratic Alliance becomes the government of South Africa, we will ensure that Parliament plays its oversight function effectively and well. It is for this reason that we agree, Chairperson, with what you said this morning, seven hours ago, at the Auditor-General’s briefing, namely that this Parliament must leave a firm foundation which the next Parliament will be able to build upon, when it comes to oversight. Sadly, this legacy will not be achieved because of the way in which the Standing Committee on Public Accounts, Scopa, was stopped from attending to its affairs because of narrow party-political considerations. Scopa’s responsibility is critical. It is to oversee prudent spending on the part of public persons to ensure that the executive remains accountable to South Africa and to the taxpayers. The fact that the ANC pays lip service to oversight and accountability is vividly demonstrated by the fact that 18 NOVEMBER 2008 Page 54 of 292 Scopa will - out of a total of 248 departments, constitutional institutions and entities - only consider the reports of four departments and entities this year scarcely one per cent. Even the resolutions of these four will probably never reach the National Assembly because they will only come next year. We believe, in fact, that the public hearings for tomorrow and Friday are a total waste of resources. When the DA proposed that the Scopa should be given permission to sit during the constituency period, we were blocked by the ANC majority in the committee. To them, I suppose, sorting out the ANC’s internal political problems, clearly, took precedence over our government departments’ oversight. On 23 October 2008, I wrote to the Speaker and to this day I haven’t heard a ruling from her about why we can’t sit during constituency periods. The HOUSE CHAIRPERSON (Mr A C Nel): Hon member, I’ve audited your time. It has expired. Thank you. PROVISION OF HOUSING 18 NOVEMBER 2008 Page 55 of 292 (Member’s Statement) Mr D C MABENA (ANC): Chairperson, the democratic government, led by the African National Congress, together with our people, works tirelessly to ensure that people can live where they choose to be decently housed and to bring up their families in comfort and security. The Gauteng Provincial Government, led by the ANC, has in the past five years made progress in providing our people with housing, thus restoring dignity to those who live in poor communities. In the current financial year alone, the Gauteng Provincial Government has provided the poor people with 64 000 houses - far exceeding the target of 58 000 they set for themselves for the current financial year, ending in March 2009. This has resulted in 318 000 people having proper shelter and enjoying security of tenure for the first time in their lives. The ANC endorses the principle that all South Africans have a right to a secure place in which to live in peace and 18 NOVEMBER 2008 Page 56 of 292 dignity. We believe that housing is a human right. Thank you. DRUG ABUSE IN SCHOOLS (Member’s Statement) Dr R RABINOWITZ (IFP): Chairperson, the IFP notes with concern the increasing gangsterism in the Western Cape, fuelled by the drug intake, especially tik. Drugs are freely available in schools to children and teachers say the drug abuse is out of control in some schools. We are equally concerned that the social fabric is so fractured in many schools that there is no hierarchy of discipline between violent students and the police. Parents, teachers, headmasters and mistresses, and student leaders have lost control and play no role. We have made excellent progress in providing antiretrovirals for pregnant women and the newborn. But we appear to be bringing children into a world where they are condemned before birth. We have removed special courts to deal with children and replaced them with special 18 NOVEMBER 2008 Page 57 of 292 provisions in all courts. Yet, even prosecutors are disturbed by the lack of support for children and young raped girls in their courts. As politicians we may talk glibly of moral regeneration but, clearly, we seed our society with the wrong values and we have undermined authority. It is our freedoms that have inadvertently done this. Our goal should be to create a harmonious society. But when we fail to do this, as it appears that we have, we need more urgent and creative solutions from the Minister of Education and the Minister of Justice. Therefore, we are looking to you to act urgently in these regards. Thank you. COMMUNITY PARTICIPATION IN FIGHTING CRIME (Member’s Statement) Mrs D M MOROBI (ANC): Chairperson, the ANC has long recognised that the police service and government agencies cannot fight crime alone. In meeting this challenge, they require the involvement and active participation of all communities and all sections of society. 18 NOVEMBER 2008 Page 58 of 292 The Gauteng Provincial Government, led by the ANC, embarked on a campaign focussing specifically on what they term the “trio crimes.” These are residential, business and vehicle robberies. Since the start of the campaign in July this year, 1 333 suspects have been arrested. The campaign focuses on identifying, tracing, arresting and effectively prosecuting as many perpetrators as possible while closing the space for criminals to operate in the province. The national struggle for freedom led by the ANC was a critical overarching vehicle to bring about peace, security and stability to our society. In dealing with issues of crime, the movement proceeded from the premise that a rising quality of life also meant an improvement in the safety and security of citizens wherever they might be. Thank you. SHODDY WORKMANSHIP IN MOGOBA COMMUNITY (Member’s Statement) Ms J A SEMPLE (DA): Chairperson, the shoddy workmanship of the toilets being built in Mogoba settlement near Putfontein in Ekurhuleni is an absolute disgrace. The 18 NOVEMBER 2008 Page 59 of 292 summer rains in Gauteng have barely begun. But by the registration weekend, about 38 toilets had actually fallen down. Most are so badly built, and the foundations are so shallow that there are cracks all around the base. The toilets lean dangerously at a 45º angle. This past week has seen continuous rain. More of the toilets will have fallen down as we speak. It is highly unlikely that they will still be standing, never mind being usable, in a year’s time. Trenches are dug, left open and unmarked. There is no electricity. So, it is difficult to see the deep open pits. A member of the community has already fallen into one of these trenches. He broke his pelvis and subsequently died. Before some arrogant ANC Minister accuses me of cheap politicking, I have the pictures to prove it. I have seen this complete disregard for human life and safety with my own eyes. Apart from the shocking waste of taxpayers’ money and the fact that the contractor should be fired, the democratic process and the community’s participation are completely 18 NOVEMBER 2008 Page 60 of 292 disregarded. Where is the ANC ward councillor, and what is the highly acclaimed Community Development Worker doing? DA members are ignored at ward committee meetings. They are beaten up and their shacks are burnt down when they try to raise these issues. The ANC had better wake up and improve service delivery, otherwise they will be in for a big surprise at next year’s election. The community is not prepared to put up with bad service and useless public representatives. The voters will make their voices heard through the ballot box. ALEXANDRA CONSTITUENCY OFFICE ON HOUSING (Member’s Statement) Ms S D MOTUBATSE-HOUNKPATIN (ANC): Chairperson, I rise here on behalf of the Alexandra constituency office. The Alexandra community held a workshop recently discussing, among other things, the Constitution of the Republic and economic rights. There was special focus on the right to housing. The community looked at the Freedom Charter once more, which talks about housing security and comfort. They appreciate the work done by our government in 18 NOVEMBER 2008 Page 61 of 292 housing delivery, and they committed themselves to fighting corruption in the housing delivery system. However, the community wishes to strengthen the part of security as enshrined in the Freedom Charter. They request that a system of documentation be put in place, especially with regard to RDP housing, so that there can be a list of all the people who are the dependants of the registered tenant. They believe this will strengthen the security against unscrupulous people who like to buy houses or take houses if the registered tenant dies or passes on. So, the request is that there should be a registration of tenants. This does not imply reinstating or bringing back the permit system as it was in the 50s and 60s or before our democracy. We should have a register that will allow all the people to have security as they live in their houses. I thank you. [Applause.] AVAILABILITY OF SPORTS FACILITIES TO ALL SOUTH AFRICANS (Member’s Statement) Ms M M NTULI (ANC): Chairperson, the ANC believes that sport and recreation are integral parts of reconstructing 18 NOVEMBER 2008 Page 62 of 292 and developing a healthier society. Accessibility and affordability of sport to all South Africans, including those in rural areas, the young and the elderly, must be realised immediately. The ANC-led government is constantly broadening access to sports facilities, particularly to the poor. At this point, our government is building a sports and recreation facility in the area of Meshweshwe in KwaZulu-Natal. This sports facility is expected to be completed in December 2008. It will have the following facilities: ablution, change rooms, palisade fencing, grassed football pitch, concrete grandstands and combo courts. This year alone, our government has built 50 sports facilities throughout the province, particularly in rural areas. These developments have also facilitated the transfer of skills in areas like sports fields grass planting, drainage and irrigation erection, fencing and bricklaying. The ANC believes that it is important to ensure that sports and recreation facilities are available to all South Africans, regardless of race, creed or gender. Thank you. 18 NOVEMBER 2008 Page 63 of 292 INTERVENTION IN KWAZULU-NATAL IN TERMS OF SECTION 100 OF CONSTITUTION CONSTRAINTS ON OPERATION OF SCOPA (Minister’s Response) The MINISTER OF FINANCE: Chairperson, the statement made by the hon Bonhomme is a subject of the Ministerial statement and discussion immediately hereafter, so I think we should just leave the response to that. The hon Bekker suggested that we should impose section 100. He did not say which part of section 100 in respect of KwaZulu-Natal should be imposed. Wherever we view section 100(1)(a), we have observed the requirements of Chapter 2 of the Constitution, which requires co-operative governance. It has always been done co-operatively. We have a brand new Member of Parliament today who was once an MEC in some province where section 100(1)(a) was applied. He would be able to attest the fact that it was co-operative. In the context of the Department of Health in KwaZulu-Natal, the key issue that is driving the cost is the Occupational Specific Dispensation which is been 18 NOVEMBER 2008 Page 64 of 292 applied in respect of nursing staff. It is a matter which we are very conscious of. We have discussed it at some length with both the MECs of Finance and of Health. This matter is going to be resolved. It’s not as though there is carelessness or anything. I think that in respect of the Occupation Specific Dispensation, OSD, it is entirely circumstantial. The hon Trent did himself a great disservice because he started on the wrong footing. There is a greater chance of chickens growing teeth and than of the DA becoming the government in this country any time soon [Laughter.] Because he did himself such a disservice it was a preamble, and everything else had to fall away. But we observed the issues. I think that the hon Godi, who at last count was not a member of the ANC, and who is the Chairperson of Scopa, is probably in a better position to speak, because we have no ability to do that on behalf of Scopa. I thank you. AVAILABILITY OF SPORTS FACILITIES TO ALL SOUTH AFRICANS (Minister’s Response) 18 NOVEMBER 2008 Page 65 of 292 The MINISTER OF SPORT AND RECREATION: Chairperson, we would like to thank the hon Ntuli for the remarks that she made. We would like to point out that that was not happening in only one province. It was happening throughout the country in a much smaller way than we would have wanted it to happen. For that reason the discussions between the Minister for Provincial and Local Government and me are at an advanced stage. We thought that with the return of the Municipal Infrastructure Grants to the department, we would be able to move much faster. This is so, because although this government is wielding power, it does so in a very hostile environment, because the legacies of the past stubbornly continued to haunt our society and our communities. Unless the balance of forces around the finances and the resources changes, our communities will be expected to wait a little longer, and this would be undesirable. The little bit that we did, by way of providing kit for poor children - black and white - and by providing travelabroad opportunities for those who showed talent, as selected by their federations, makes a bigger difference in the lives of our children. Even though the playing 18 NOVEMBER 2008 Page 66 of 292 facilities were not sophisticated, they offered our children something that made it possible for them to be exposed or to expose their talents to the talent scouts and develop their skills. We are looking forward to a further partnership with the private sector, which is showing great interest, because we must continue to initiate partnerships in this environment. They are showing great interest in assisting, especially where MECs like those in KwaZulu-Natal are overzealous. We encourage that overzealousness in insisting on social responsibilities from those who are receiving money from the government to build other facilities. We are not going to compete with housing or schools and clinics, but nevertheless, we should get something from our social partners. I thank you. EDUCATION SUMMIT IN GUGULETHU ALEXANDRA CONSTITUENCY OFFICE ON HOUSING (Minister’s Response) 18 NOVEMBER 2008 Page 67 of 292 The MINISTER FOR THE PUBLIC SERVICE AND ADMINISTRATION: Chairperson, we commend the role of the parliamentary constituency offices to engage the organs of people’s government and broader civil society on issues of service delivery and societal development. The Gugulethu and Alexandra statements presented this afternoon were examples of active roles that Members of Parliament – in fact all public representatives - might play. As a Department of Public Service and Administration, we created a unit that is going to interact with Parliament so that we follow up on the issues that communities raise, as contained in members’ constituency reports. We would like to encourage members to do their work, so that on those issues that need follow-up, we would be there to assist that they are followed up on. Hi endlelo leri ha tshemba leswaku hi ri Palamende ya Rixaka ya Swifundzhankulu na le ka timasipala hi nga swi kota ku humelerisa pfhumba ra hina ra Batho Pele loko hi kota ku hlangana na vayimeri va tiko na mintlawa ya vaakitiko hinkwayo, hi kanerisana no burisana na vona hi timhaka ta vukorhokeri bya tiko. Swi na nkoka leswaku hi endla 18 NOVEMBER 2008 Page 68 of 292 sweswo hikuva xidemokirasi xa hina xi vula tano. Inkomu. (Translation of Xitsonga paragraph follows.) [In this way we believe that, as the National Council of Provinces and municipalities, we can make the Batho Pele campaign a success if we meet with the national representatives and community groups to plan and discuss matters around service delivery. It is important to do it in this way because this is a democratic expectation. Thank you.] ALLEGED CORRUPTION AT SAA SENIOR MANAGEMENT LEVEL (Minister’s Response) The MINISTER FOR PUBLIC ENTERPRISES: Chairperson, I am responding to the comments on SAA. I would like to say that indeed the reports in the media about SAA are worrying. Therefore, I would like to assure the House that we are going to follow up and address any problems that we might have with the SAA. The HOUSE CHAIRPERSON (Mr A C Nel): No! Are our nation’s hands in safe hands? [Laughter.] COMMUNITY PARTICIPATION IN FIGHTING CRIME 18 NOVEMBER 2008 Page 69 of 292 (Minister’s Response) The MINISTER OF SAFETY AND SECURITY: Chairperson, I want to commend the hon D M Morobi on her statement. Her statement is underpinned by the need of strengthening partnerships in our communities as a contribution to fight crime and create more stable and safer communities. I must say that owing to what she said, I think we should take this opportunity to thank South Africans from different walks of life. To date, on this call of partnership, we have met a number of people together with their traditional leaders, who have their own suggestions on how to strengthen our communities by partnering with government to fight crime. Regarding Business Against Crime, a pilot project was launched last week which aims to strengthen this partnership as we come together with the private security companies as well. We have had a hand in this, and there have been some contributions from religious leaders who have come to the fore and said they also want to be 18 NOVEMBER 2008 Page 70 of 292 counted, and they have given some suggestions insofar as that is concerned. In the past few weeks, we have been calling everyone, including those who are in the journalistic fraternity, to assist in this fight against crime because if we do this and strengthen our community structures in their different forms, be they community policing fora, community safety fora, neighbourhood watches, business watches, street committees - all of them - we would be able to reap the fruits, as the hon member has alluded to here, of apprehending suspects. Thank you very much. [Applause.] EDUCATION SUMMIT IN GUGULETHU (Minister’s Response) UNGQONGQOSHE WEZEMFUNDO: Sihlalo, ngifuna ukuqala ngokuthi ngibonge kakhulu uQabane umama uRamakaba-Lesiea ngokuthatha umsebenzi weANC ophuma kwiziphakamiso zasePolokwane awenze ukuthi kube umsebenzi wehhovisi lakhe laseGugulethu. Sivumelene ukuthi imfundo sizoyibeka phambili kakhulu kwiANC nanokuthi sizosebenzisana nabazali, nabantwana kanye 18 NOVEMBER 2008 Page 71 of 292 nothisha ezikoleni ukuze abantwana bonke babone ukuthi imfundo yabo siyayilungisa futhi bathole imfundo enhle kakhulu. Ngiyambonga-ke umama uRamakaba -Lesiea ngomsebenzi wakhe eGugulethu. (Translation of isiZulu paragraphs follows.) [The MINISTER OF EDUCATION: Chairperson, I would like to start by saying thank you very much to Comrade RamakabaLesiea for taking the Polokwane resolutions of the African National Congress and making them part and parcel of her Gugulethu constituency schedule. We agreed as the ANC that we are going to make education a priority. We further agreed that we are also going to work together with parents, learners and teachers in schools so that all learners can realise that we are making their education better so that they can get good quality education. I therefore thank hon Ramakaba-Lesiea for her sterling work in Gugulethu.] Ke a go leboga mmê. Ke a itse gore o motho yo o tshwarang thipa ka fa bogaleng. O itse tiro e e tshwanetseng gore re e dire. Fa re ne re dumalana kwa Polokwane re ne re sa dumalane fela gore re kwale dilo tse dintle mo dipampiring, 18 NOVEMBER 2008 Page 72 of 292 re dumalane ka gonne re batla go bona tshweetso ya rona ya go dira. Ke a go leboga e bile ke batla gore tiro ya gago e gole. Fa e le gore o tlhoka thuso ya rona, re tla go thusa. Re tla leka go dirisana le wena le go go thusa ka tiro e ntle e o e dirang. Ka kgang e ya bana ba ba dirisang diritibatsi le bojalwa mo dikolong, re tshwanetse go oketsa tiro e re e dirang. Re dira tiro e ntsi go fedisa tiriso ya dilo tse di maswe tse mo dikolong tsa rona, mme potso e re batlang go e botsa IFP ke gore, rona re le baemedi mo Palamenteng re dira eng? Rona re le batsadi fa re bona bana ba rona ba tsena mo mathateng a, re dira eng? A re bua le bana ba rona kwa gae? Fa go ne go siame kwa gae, o ne o ka se fitlhele ngwana a dira dilo tse. Ga re a tshwanela go lebisa dilo tsotlhe kwa lefapheng la thuto. A re faneng matsogo, re dirisane. Motsadi, ngwana, morutabana le mongwe le mongwe yo o nnang mo gae, rotlhe re dirisanye go lwantsha mathata otlhe a. Ke a leboga. [Legofi.] (Translation of Setswana paragraphs follows.) [Thank you, Madam. I know you will act in the best interests of the situation. The resolutions we took in Polokwane were not just good on paper, but as a policy 18 NOVEMBER 2008 Page 73 of 292 document to guide our implementation. I thank you and I would like to wish you everything of the best in your endeavour. We pledge to offer our help. We promise to work together with you in your undertakings. We must do something about the children who do drugs and use alcohol at school. We are doing a lot to try and put a stop to their involvement in these bad things but the question I want to ask the IFP is: What are they doing as representatives in Parliament and as parents? Do we talk to our children? If all was well at home, a child would not have been exposed to such things. We should not make it the responsibility of the Department of Education to do everything. Let us join hands to work together. A parent, a child, an educator and everyone at home, let us face these problems together. I thank you. [Applause.]] THE GLOBAL ECONOMIC CRISIS (Statement) The MINISTER OF FINANCE: Chairperson and hon members, the global economy is presently living through its deepest crisis since the Great Depression of 1929. Around the world, 18 NOVEMBER 2008 Page 74 of 292 people’s representatives like us are engaging with the impact of this crisis on their respective mandates. I want to express sincere appreciation for this opportunity to address the National Assembly on what we know about the crisis. Earlier today we had an opportunity to discuss these matters in great detail with the members of the Portfolio Committee on Finance. Important as those discussions were found to be, we recognise that the challenges before us cannot be confined to one or other portfolio committee. The nature of the challenges is such that they affect the very fundamentals of all of our work – the crisis indeed gnaws at the contract that we have with the people of South Africa; indeed it compels us all to ask about our ability to contribute to a deep and durable democracy that will lift millions of our people out of a life of grinding poverty. First and foremost, this is a crisis of the developed world. Loose credit extension in the years since the dot-com bubble burst in 2001 and large fiscal deficits in the USA have increased the debt of households and governments alike. These debt levels have become unsustainable. The popping of these bubbles has had, and will continue to have, a large global impact. 18 NOVEMBER 2008 Page 75 of 292 Many countries not at the centre of the current turmoil will suffer terribly and tragically. As firms in developed countries strive to repair their balance sheets, they tend to sell everything and repatriate resources back to their home base. This has implications for us, as it has for many emerging economies, despite the fact that the epicentre of this crisis does not lie within our shores. The depreciation of our currency, the rand, in line with many other emerging market currencies is testimony to these developments. Of particular concern is Africa. Strong rates of growth in recent years are at risk, as commodity prices fall and countries are forced to pay back capital. These fears pose the risk that there will be greater demands for protection from fearful populations and, less benignly, cynical adventurers. This is the state of the world, and it cannot be allowed to continue. If we look at recent events, we recognise that the causes of all this can only be paraphrased here today. Over the years, banks purchased vast quantities of loans used for house purchases in the United States. As interest rates were increased in 2006 and 2007 in that country, many of those debtors began to default, putting at risk the value of all the housing loans. This uncertainty has resulted in the 18 NOVEMBER 2008 Page 76 of 292 share prices of financial and nonfinancial companies falling, affecting lending operations between the banks. Financial institutions involved in property, such as Northern Rock in the UK, failed, while other institutions experienced increasingly large losses on their investments in the housing markets. Losses of $200 billion were predicted in the early days of the crisis. Estimated losses now stand at an estimated $1.4 trillion, according to the IMF. Central banks in advanced economies responded by announcing co-ordinated action to address short-term funding markets, establishing temporary currency swap arrangements, and injecting liquidity into the markets. Sovereign wealth funds were tapped for funding for UBS, Morgan Stanley and Merrill Lynch and interest rates have been cut sharply. These actions did little to stem the tide, however. Investment banks in the US failed, such as Lehman Brothers, were bought for a song at $2 a share – that was Bear Stearns - or changed their regulatory stripes to access a deposit base, and this happened in the case of both Goldman Sachs and Morgan Stanley. Official support from the US Treasury and the Federal Reserve to the insurance company AIG now exceeds $150 billion. Governments have committed about $4 18 NOVEMBER 2008 Page 77 of 292 trillion of support to financial systems around the world. About $661 billion of write-downs and losses have been acknowledged so far. The signs of the spreading economic malaise are abundant. In the quarter to September 2007, Volvo Trucks sold about 42 000 truck units. In the same period this year, the quarter to September, they sold just 175. The cost of dry bulk shipping charter rates as it appears on the Baltic Index, plunged by 71,9% in October. Whatever ships you want, they’re available, the costs have dropped. Suddenly, the world is a very different place. General Motors’ share price has fallen 88% this year, to $3 a share, which is the lowest price for a General Motors’ share since 1946. GM, Chrysler and Ford, the giants of Detroit, have requested a bailout of some $25 billion as car sales in the US dropped 32% compared to the same period last year. The world’s equity markets have declined precipitously. Since 1 October this year the US Dow Jones Industrial Average has fallen by about 36%. Brazil’s Bovespa has dropped by 45%. Russia’s RTS Index has declined by 71%. Our JSE All Share Index has fallen by roughly 30%. 18 NOVEMBER 2008 Page 78 of 292 One of the great sources of ballast in the world economy has been the rapid growth of China, which has contributed on average 20% of the world’s growth in the last 5 years. With a gigantic population and rapid economic growth, China has been both a great importer of raw materials and commodities from the rest of the world and a great exporter too. China’s demand for commodities contributed to the commodity price boom the world experienced over the past 6 years. But China has its own challenges. Each year China must create 10 million net new jobs to absorb new entrants into the labour market and people who move from the rural into the urban areas. The most recent indications suggest that growth in China has begun to moderate, resulting in lower imports and putting downward pressure on commodity prices. Chinese GDP growth slowed to 9% in the 3rd quarter of this year, from 11,9% last year and 11,6% in 2006. The IMF forecasts Chinese growth next year will be down to 8,3%. Commodity prices have responded quickly. The price of platinum has dropped 47% since 1 January this year. Gold prices have fallen by over 13% and oil prices by 31%. Coal prices remain 40% higher than they were in January, but have declined by 31% since 1 October this year. Falling prices 18 NOVEMBER 2008 Page 79 of 292 for oil and other commodities and the major outflows of capital from emerging markets in the middle of October signalled that we have entered a new phase of the crisis. Economic conditions have deteriorated worldwide. Despite this, the global economy will continue to grow in 2009, with all of the growth deriving from developing economies. World output will fall from 50% in 2007 to 3,7% in 2008 and to 2,2% next year. Advanced economies’ GDP growth at 1,4% this year will fall to minus 0,3% next year. African growth is expected at 5,2% for this year and 4,7% for 2009. Against this backdrop it is important that we take a view of all of these events on the South African economy. Commodity price changes alone have an ambiguous effect on South Africa, but we should be under no illusions about the fact that our economy will suffer along with the rest of the world. The financial crisis is giving way to a real economy slowdown. Some countries will bear the full brunt of both the financial crisis, as lending and borrowing has come to a halt, and the economic crisis. Exports and imports will fall. 18 NOVEMBER 2008 Page 80 of 292 In South Africa we have experienced at least part of the financial shock. Our exchange rate has depreciated sharply and the prices of our equities and bonds have fallen far. Yet our sound and well-regulated banking system is not dependent on foreign lines of credit and our exposure to toxic assets has been nearly nonexistent. Some firms with extensive international operations have seen losses, but even these have been small, relatively speaking. Our public debt levels are low and our level of foreign currency debt is even lower. This helps to lower our vulnerability to financial shocks. Global economic weakness in trade and investment, however, will have more far-reaching effects. Declining commodity prices and lower growth in major trading partners will lower demand for South African exports and reduce the income we derive from them. Only one part of our challenge is to ensure an appropriate short-term response. In the long term, we need to ensure that our firms and our people are more productive, more export-oriented, and with higher saving and investment. We need to be able to achieve much higher economic growth rates with a sustainable current account. 18 NOVEMBER 2008 Page 81 of 292 It is becoming clear, however, that at least in the mediumterm, our aspirations for more rapid economic growth and our capacity unfortunately do not match. Our policies have been appropriate to our macroeconomic challenges in recent years. We have set a monetary framework that targets a low and stable rate of inflation over the long term. As a small economy, we can expect that inflation will sometimes fall outside the target, and we have experienced such an occurrence this year and last from sharply rising food and oil prices, but we are not alone in this – nearly all countries have missed their implicit or explicit inflation targets over this period. What matters is that we have a framework that is flexible enough to ensure that we achieve low inflation over time and with due regard for economic growth. The economic and social costs of a prolonged period of high inflation or deflation caused by wayward or ill-conceived monetary policies cannot and should not be tolerated by a democratic society. On the fiscal side, we have endeavoured since 2005 to raise saving in the economy and create fiscal space. We did this for two reasons: One was to offset the negative effects of 18 NOVEMBER 2008 Page 82 of 292 rapidly growing domestic demand on inflation and the competitiveness of the economy; the other was to create financial saving to expand demand, should economic growth fall sharply. Now we can prudently maintain a healthy growth rate in government spending while keeping public borrowing modest and sustaining low long-term interest rates. As growth slows, however, it is likely to become more difficult to maintain a positive government saving rate. Continuing to focus spending on capital and public infrastructure helps to keep saving up, and so we have opted to continue to emphasise our public infrastructure commitments, the expansion of our energy production capability, and to ensure readiness for the World Cup, among others. A good track record in financing investment in human capital in health, education and skills development will also be maintained. These commitments will help to raise the economy’s growth rate in the present as investment spending is maintained, and in the future contribute to rising potential growth of the economy. Closing the gap between the 6% economic growth rates we aspire to and the realities of 18 NOVEMBER 2008 Page 83 of 292 slower growth we are now experiencing, requires a renewed effort to reform our economy. Reform is needed to propel investment. The purchases of South African bonds and equities by foreigners accounted for almost half of South Africa’s financing needs between 2002 and 2007. About $20 billion per year, that’s roughly R200 billion at today’s exchange rate, is needed to finance our current account deficit. So, as people make these calls for new exchange controls and for isolating South Africa, we need to remember that that gap in financing our investment is in the order of R200 billion a year. If we impose harsh measures on foreigners, we won’t get that money and then we will have to slow down growth. Continuing to attract foreign investment implies the need to maintain confidence in our macroeconomic policies and to raise the growth rate of the economy. There is no shortage of good and bad ideas. Our task is to find the good ones and move forward with the policy articulation and implementation. Raising the cost of economic activity and restricting our ability to trade is obviously not the right path for our country. We live in a world where our domestic industries, such as the domestic 18 NOVEMBER 2008 Page 84 of 292 auto or metals industries, are intimately and irrevocably linked to the rest of the world. The indiscriminate dispensing of cash to firms that lobby for help will also not raise incomes and create jobs. We have made financing available for industrial policy. It is time that economically sensible plans are articulated for public review and support. Our focus on government’s contribution to reducing the costs of economic activity and expanding infrastructure needs to be matched by investment and productivity growth in the private sector. There is room for policy adjustment in a range of sectors to facilitate investment in new businesses and growth in employment, particularly in network industries. New power generation, greater responsiveness to environmental needs, expanding our access to advanced telecommunications, the redevelopment of water and transport infrastructure, among other things, imply fertile ground for public and private partnership and new economic activity. Let us be clear, the global crisis enjoins us to take forward our efforts if we intend to permanently reduce unemployment, increase incomes, and lower poverty. Our macroeconomic policies are sufficiently flexible to address 18 NOVEMBER 2008 Page 85 of 292 a prolonged economic downturn, as demonstrated in the shift to a fiscal deficit in the Medium-Term Budget Policy Statement. We have a good understanding of what the international community is doing to combat economic weakness, and we understand the need to address our own local economic challenges. Our domestic efforts to address the global economic crisis need to find external resonance in the reform of the international financial architecture, in the reform of the multilateral institutions, and in the renewal of global commitment to mutual accountability. A co-ordinated international approach to the financial sector is obviously also needed. The international financial and economic crisis is in large part about the failures of national and cross-border regulatory regimes in assessing and managing the risks building up in financial institutions and systems. In Sao Paolo and in Washington, at the G20, we discussed how to address these problems in a durable and credible way in coming months. On a national basis, it was noted that policy frameworks need to maintain fiscal sustainability. There is little gain to be had from a new massive build-up of 18 NOVEMBER 2008 Page 86 of 292 imbalances. We cannot allow a crisis caused by a rise in debt and cheap credit to be followed in 10 years’ time with another crisis caused by the same thing. To make headway, Ministers of Finance and Central Bank Governors have been asked to look at a range of issues in the financial markets, with deadlines set for next year. Particular attention needs to be placed on sound regulatory policies and the application of standards for accounting, auditing and transparency. Each country will therefore have to adopt its national plan, based on the common principles for reform. We will each have to assess to what extent both our fiscal and monetary policies support the internationally agreed principles. More importantly, we will need to ensure better co-ordination and co-operation, not only between our own financial regulators, but between our regulators and those of other countries, particularly in regulating financial institutions that operate in more than one country. I will be convening a meeting of all our financial regulators, as well as the SA Reserve Bank and National Treasury, to ensure that as South Africa we give effect to the common principles for reform, and to facilitate our full participation in global standard-setting institutions and the Financial Stability Forum. 18 NOVEMBER 2008 Page 87 of 292 In conclusion, we have the good fortune of being able to stand on the shoulders of those who have preceded us, and so we understand much about what has gone wrong in the world economy and what is required to deal with it. The effects, however, will be with us for the foreseeable future, and so we need to think carefully about how we reach our own domestic economic goals in this new environment. Our macroeconomic framework is sound and, because of the choices we have made in the past, we have the resources and policy space to set an appropriate response to the evolving economic downturn. We need, however, to address the microeconomic and regulatory constraints to more rapid economic growth. This implies a renewed social dialogue, one part of which will be the development of a national approach to financial markets regulation and reform, but addressing our long-term growth and employment challenges requires a broadening of that dialogue. Much needs to be done to achieve our aspirations. Those aspirations are of a country that has shed a history of poverty. When looking at the issues in the global financial crisis at the moment, it is important to remind ourselves continuously of what we are doing here as Members of Parliament and what is in the nature of our contract with the people. Thank you very much. 18 NOVEMBER 2008 Page 88 of 292 Mr S J F MARAIS: Chairperson, by now everybody is aware of the effects of global economic turmoil on our economy. The statement by the Minister and this debate confirms the seriousness of its current and potential effects on South Africa. It is expected that this crisis will pass, given the nature of economic cycles. The role of government must be an attempt to smooth this cycle. A fiscal discipline and a prudent policy approach are essential in weathering the storm at our front door. Die huidige fiskale beleid, waarby die inflasieteikens ingesluit word, het bygedra tot ons vermoë om die wêreld se ekonomiese krisis relatief goed te kon hanteer, tot so `n mate dat ons nie in `n resessie verval het nie; ondanks die feit dat daar sekere aspekte daarvan in sommige bedrywe aanwesig is. Ekonomiese aksieplanne waartoe die regering en al die rolspelers verbind behoort te wees, is noodsaaklik. Die President het in `n antwoord op `n vraag van my gereageer dat die Nywerheidsontwikkelingsbeleid genoegsame stukrag sal gee om nie net vaste buitelandse beleggings te lok, maar ook om Suid-Afrika se uitvoerbedryf so te stimuleer dat ons minder afhanklik van 18 NOVEMBER 2008 Page 89 of 292 portefeuljebeleggings sal wees om die tekort op die betalingsbalans te finansier. Ons weet dit het nie gerealiseer nie. (Translation of Afrikaans paragraph follows.) [The current fiscal policy, which includes the inflation targets, contributed to our ability to cope relatively well with the global economic crisis, to the extent that we were not plunged into a recession, despite the fact that certain aspects thereof are present in some industries. Economic plans of action, to which government and all the roleplayers should be committed, are essential. In reply to one of my questions, the President responded that the Industrial Development Policy would provide sufficient drive not only to attract foreign investments, but also to stimulate South Africa’s export industry in such a way that we would be less dependent on portfolio investments to finance the deficit on the balance of payment. We know this did not materialise.] What is firstly required from us is to assure that we have an FDI policy that would attract FDIs for employment-driven production and with a focus on exports implemented so as to stimulate the employment and capacity-building in South 18 NOVEMBER 2008 Page 90 of 292 Africa with incentives to the performing employers. These will increase employment and wealth creation and savings; increase the foreign capital earnings and reserves; improve the currency volatility and stability and decrease the dependency on state grants. Secondly, initiate public-private partnerships, and not increased central control by government; and thirdly, all need to support and promote a prudent fiscal policy that will best assist in establishing investors’ confidence and sentiments and all must refrain from statements that will damage these objectives. In Sake-Rapport van Sondag 16 November is gewaarsku teen ondeurdagte ekonomiese beleidsuitlatings deur politici wat beleggersvertroue, werksgeleenthede en werksekerheid ernstig in gevaar stel. Daar word gewys daarop dat die onsekerheid oor die ANC se toekomstige ekonomiese beleidsrigting van die redes is waarom ons soewereine kredietgradering afwaarts aangepas is en waarom buitelandse beleggers hulle geld onttrek as gevolg van risiko verskansingsoptredes. Hoewel dit gegrond mag wees op sentimente en persepsies, bewys dit dat die noodsaaklikheid dat die ekonomiese beleid nou gesteun moet word en behoort 18 NOVEMBER 2008 Page 91 of 292 veral die ANC-woordvoerders en hulle alliansievennote dieselfde beleidsuitsprake te maak en nie `n indruk van die teendeel te skep nie. Voorsitter, ons moet die vermoë toon om die uitdaging vir ekonomiese krisis nou en in die toekoms met `n doelgerigte ekonomiese beleid die hoof te bied en behoort die Minister se beleidsinisiatiewe gesteun te word. Ek dank u. (Translation of Afrikaans paragraph follows.) [The Sake-Rapport of Sunday 16 November 2008 warned against rash economic policy statements by politicians that would endanger investor confidence, job opportunities and job security. It is noted that the uncertainty regarding the ANC’s future economic policy trends is one of the reasons why our sovereign credit grading was adjusted negatively and why foreign investors are withdrawing their money due to risk-entrenching behaviour. Although this could be based on sentiment and perceptions, it proves that the necessity of the economic policy should be supported now. ANCspokespersons and their alliance partners ought to make the same policy statements and not create the impression of the contrary. Chairperson, we must demonstrate the ability to deal with the challenge of an economic crisis through a purposeful economic policy, now and in the future, and the 18 NOVEMBER 2008 Page 92 of 292 Minister’s policy initiatives should be supported. I thank you.] Mr N SINGH: Chairperson, congratulations on your appointment to the high chair. I hope it is secured. The meltdown of global financial markets has left the world in crisis, with some of the most prosperous countries even facing recession, and we heard that from the hon Minister. We, in the developing and emerging economies, have also been harshly affected by this crisis, even though we were not directly involved with the dealings which led to this untenable situation. But such is the nature of globalisation. To say that South Africa is removed from these troubles, would be very naïve and uninformed. With our integration into the global economy, we are affected by international events and movements in the global markets. The volatility of the rand against the currencies of our major trading partners, as well as the increase, and then the sharp decline in the prices of the commodities which we are exporting, are just some examples of how connected the global environment is and the effect that it has on people in South Africa. 18 NOVEMBER 2008 Page 93 of 292 The gloomy economic state in which we now find ourselves has put a serious damper on our growth targets and will influence our economic and developmental plans, as well as have a detrimental effect on efforts to combat poverty and unemployment. This, Chairperson and members, is worrying, considering the slow progress that has been made in combating poverty and creating employment over the years. Innovative plans and strategies are needed if we are to try and limit the suffering that this will have on the poorest members of our society, who will no doubt be the harshest affected by this crisis. We are, however, glad that the Minister of Finance has reassured the South African public that the banking system and financial institutions can weather the current financial crisis. An interesting feature of the economic turmoil is the development of relationships and the interactions between governments and the private sector in trying to overcome this crisis. These relationships are very important, and here in South Africa government, the private sector and labour must interact honestly and closely with each other 18 NOVEMBER 2008 Page 94 of 292 to ensure that we do overcome this crisis with the least amount of damage. In conclusion, we hope that there will not be any fundamental changes to the ANC's economic policies in the long term as a result of pressure from its alliance partners. And I say long-term because of the principle that they will be a majority party, but the indications are that it will not be so. Reassurances are needed in this uncertain climate if we are to comfort current investors and to attract new foreign investors. Thank you. [Time expired.] [Applause.] Mr J BICI: Chairperson and hon members, it is an unfortunate fact that we as a country have little impact in averting the global financial crisis, even though the actions of irresponsible bankers far from our shores will surely affect us too. Global economic turmoil leads to capital flights, the effects of which we have already seen amply demonstrated on the Johannesburg Stock Exchange, JSE, in the past two months. 18 NOVEMBER 2008 Page 95 of 292 In times of international risk-aversion, a developing country such as ours can ill-afford creating policy uncertainty, but unfortunately the ANC alliance partners seem less concerned with this, and more concerned with stamping their ideological mark on the ANC and the future government. Thank you. Mr L W GREYLING: Chairperson, the ID believes that in order to minimise the ripple effect of the global financial crisis on our economy, we must implement a more relaxed monetary policy that will ease down our interest rates. South Africa has largely been sheltered from the direct impacts of the crisis. However, we are already being affected by the accompanying slump in commodity prices, as well as the economic slowdown in our export markets. We in the ID believe that it remains imperative that we also introduce a fiscal stimulus package that invests in our dire infrastructure and human capacity needs. The thunder will pass, Minister, but we must ensure that we make the necessary investments now so that we can take full 18 NOVEMBER 2008 Page 96 of 292 advantage of economic upswing when it finally does come. Thank you. Mr S N SWART: Chairperson, the ACDP wishes to thank the Minister for his comprehensive briefing on the global economic crisis and his Treasury’s role in addressing that from a South African perspective. There can be no doubt that whilst we will weather the global economic storm, we will continue to experience spill-over effects such as currency volatility, high inflation, slowing economic growth and sell-offs on our equity markets. However, prudent fiscal and monetary policy has shielded us to a large degree and our economy is resilient enough. Our regulatory framework is strong enough to weather the storms. We, as the ACDP, also welcome the G20 meeting that took place this weekend and we are looking forward to studying our national plan, which will form part of the G20’s action plan aimed at restoring global economic growth and reforming financial systems. 18 NOVEMBER 2008 Page 97 of 292 The sad aspect of this crisis is that people living in poverty are and will continue to be hardest hit by the financial crisis. This situation in our view is grossly unfair and cannot be allowed to continue, and it must be addressed in the international forums. Thank you. Ms S RAJBALLY: Chairperson, it is without question that every economy has been severely hampered by the rand-dollar situation and that local inflation by no means creates any alleviation. It is a matter that the MF strongly feels about that global countries have to address and be united in their attempts to resolve. As a new South Africa we have been in the infancy stages of addressing our nation’s challenges, of which poverty is our greatest, and the global economic crisis has certainly not served to assist us in this plight. We are concerned as to whether things will turn around and stabilise or descend into greater disaster, leaving our people at an even greater disadvantage. In view of the recent G20 meeting, the MF supports the submission made by our hon President. We further feel that 18 NOVEMBER 2008 Page 98 of 292 the First World countries have a crucial role to play in ensuring that some relief is offered to the Third World countries. The MF feels that if we can urge relief in respect of Africa’s foreign debt, this will certainly assist us in the era of crisis and aid the fight against poverty. Thank you. Mr L M GREEN: Chairperson, the FD commends the Minister of Finance on his thorough briefing on the global economic crisis. In his thought-provoking book, The End of History and the Last Man, Francis Fukuyama illustrates that a capitalist system features as the most accepted economic system of the future. However, we have seen that capitalism without an accountability regime framework in place has the potential to destabilise nations at great financial costs. The global economic crisis is a warning that when the wealth of the world resides in the hands of a few nations, a crisis occurs and the rest of the world faces the risk of national instability and insecurity. 18 NOVEMBER 2008 Page 99 of 292 There is clearly a need for a new economic dispensation. A new economic value system is needed to move away from business as usual. In conclusion, the FD commends the Minister of Finance for the austere macroeconomic policy over the past 10 years. Had it been any different, we would have been drowned by this global crisis. I thank you. Mr K A MOLOTO: Recently, I was listening to the testimony of the Chairman of the Federal Reserve System, Ben Bernanke, before one of the committees of the US Congress, requesting the Congress to approve the $700 billion rescue package. One congressman said the following to Chairman Bernanke: "Wall Street had a party, got drunk and broke chairs. American citizens were not invited to the party and now they are expected to pay for the damages caused by Wall Street." The analogy was simple and reflected great frustration at the way events unfolded. We are living in very difficult times. The financial press is replete with information on bank failures, bailouts, 18 NOVEMBER 2008 Page 100 of 292 plunging stock markets and threats of global recession. These are very disturbing developments and raise serious concerns among all citizens of the world. Therefore, it is crucial that we understand the origins of this crisis and its current manifestation so as to be able to appreciate its likely impact on the South African economy. The global economic crisis we are facing today has been caused mainly by a combination of deregulation and low interest rates in the US. Joseph Stieglitz explains it better. He says the following: “After the collapse of the technology bubble, the economy needed a stimulus. But the Bush tax cuts didn't provide much stimulus to the economy. He further points out that instead, this put the burden of keeping the economy going on the Fed and it responded by flooding the economy with liquidity.” Of course, under normal circumstances, the economy would have grown, but as Stieglitz had pointed out, the economy was already overinvested and so the extra money wasn’t put to productive use. Instead, the consequent low interest rates and easy access to funds, in Stieglitz’s words, 18 NOVEMBER 2008 Page 101 of 292 encouraged reckless lending. The infamous interest only, no down payment, no documentation supply mortgages fuelled the current global crisis. Financial innovation and deregulation have introduced complex financial structures and instruments. Securitisation and derivatives are at the heart of this financial innovation. Securitisation simply means the pooling together of loans and selling such repackaged loans to other investors. Home loans, credit card receivables and automobile loans were securitised. This process involves a lot of players. Let me briefly explain this process and the role of different players with a view to illuminating the course traversed in the development of this crisis. A classic securitisation process works in the following manner: A potential homeowner approaches a bank or mortgage broker to get a loan to buy a house. The bank would provide the loan to the applicant and sell the repackaged loan to a Special Purpose Vehicle. The loan is permanently removed from the bank's balance sheet and the potential risk is transferred to other investors. The Special Purpose Vehicle 18 NOVEMBER 2008 Page 102 of 292 would then sell bonds to different types of investors. The bonds held by these investors are expected to be serviced by monthly bond repayments made by homeowners. The asset-backed securities unravelled negatively when interest rates increased and homeowners were unable to be refinanced at more favourable interest rates as expected. Three fundamental problems arose immediately from this type of originate-to-distribute transactions. Firstly, the bank or mortgage brokers earn a fee for originating loans, and the more loans generated, the bigger the origination fee earned. That can serve to be a perverse incentive to disregard all established practices of risk management and adequate screening of clients. This resulted in a lot of so-called sub-prime clients getting loans without undergoing a thorough credit check or verification. Secondly, the credit rating agencies misled investors by rating these subprime-backed bonds as triple A, thus implying that they are of good quality and low risk. The reality is that we all now know that that information was incorrect and misleading. Issues of conflict of interest 18 NOVEMBER 2008 Page 103 of 292 arose in the majority of these cases. The rating agencies were paid by the issuers of these bonds. Wall Street, on the other hand, assisted in selling these toxic assets or mortgages around the world. When the truth finally came out about the true nature of these bonds and their values, there was panic in the market. Banks refused to lend to each other in the interbank market as they attempted to avoid contamination. Short selling of bank shares, as a result of such negative market information, compounded the problem. Wall Street has created a serious credit crisis with far-reaching implications for the financing of the real economy. The announcement of rescue packages and provision of liquidity to these financial institutions was an attempt to reduce the interbank rate. However, the problem of the interbank market still persists. Credit is not flowing to households and corporate sectors. The impacts of the activities of Wall Street are now seriously working their way through the main streets. People are losing houses in the US and consumer spending has dropped significantly. Businesses in the US are unable 18 NOVEMBER 2008 Page 104 of 292 to finance productive activity and struggling to obtain short-term financing for payrolls. Workers are being retrenched. This is a global environment in which South Africa is finding itself. South Africa can take comfort in the fact that its banking system is not exposed to these toxic assets and our banking system is rated among the best. The bank of international settlements considers the Bond Exchange of South Africa to be highly liquid, more so than even some of the developed countries. It is much easier and quicker to buy and sell bonds in South Africa. South African capital markets are well developed and matured. We should also take comfort in the fact that our foreign debt is minimal and a lot of it has long-term maturity. The public finances are in good shape. We are on course to undertake major infrastructural developments. The industrial tax incentives contained in this year's budget would assist in building our industrial capacity and create sustainable jobs in the long term. The storm will pass and we are definitely poised to achieve great things. Of course, there will be a bit of pain when 18 NOVEMBER 2008 Page 105 of 292 we go through the storm. We will ride through this storm with conviction, but we are poised to achieve great things in the long term. As a Christian, I have been taught never to focus on the storm lest I sink due to fear. Focusing on the storm breeds immense fear and obscures the bigger picture. Focusing narrowly on the current price of platinum is counterproductive. Mining is also a long-term business venture, which requires a long-term view. I am also encouraged by the words of Roger Baxter, the chief economist of the Chamber of Mines, who had the following to say, “Mining is a long-term game where one doesn’t simply stop activities for a year and come back.” Auto sales in the US and Europe might be experiencing serious reductions, but the fact of the matter is that this storm will pass. It is very important that South African companies should take a long-term view. Our massive infrastructural 18 NOVEMBER 2008 Page 106 of 292 development projects will boost our export capacity in the long term. There is no time to focus on boom and bust. When the storm settles, only long-term visionaries will gain a competitive edge. In conclusion, allow me to congratulate the hon Nene on his appointment as the Deputy Minister of Finance. I know he will do well. I have always valued his guidance and leadership in the ANC study group and the portfolio committee. Thank you. [Applause.] Debate concluded. MEDIUM-TERM BUDGET POLICY STATEMENT (Consideration of Report of Joint Budget Committee) There was no debate. The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move: 18 NOVEMBER 2008 Page 107 of 292 That the Report be adopted. Motion agreed to. Report accordingly adopted. MEDIUM-TERM BUDGET POLICY STATEMENT (Consideration of Report of Portfolio Committee on Finance) There was no debate. The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move: That the Report be adopted. Motion agreed to. Report accordingly adopted. MEDIUM-TERM BUDGET POLICY STATEMENT (Debate) 18 NOVEMBER 2008 Page 108 of 292 Mr B A MNGUNI: Hon Chairperson, hon Ministers and colleagues, we debate this Medium-Term Policy Statement, not as a mini budget, as it is sometimes referred to, amidst the turmoil of financial crisis that has a great potential for global economic meltdown and recession in one of the biggest economies in the world, the USA. The Medium-Term Policy Statement provides the framework within which the 2009 budget is to be drafted, including indicative figures for two succeeding years. It gives an indication of government’s assessment of the state of the economy; fiscal framework; budget priorities; and the division of revenue between national, provincial and local governments. We have been informed by the Minister after the policy statement was tabled, that the South African economy will remain unscathed by the financial crisis that is wreaking havoc in developed countries, which might be least expected to have such a phenomenon, due to their advanced and sophisticated financial systems and best world practices. It has been said that our economy’s resilience to these financial woes is due to tough decisions that were taken a couple of years earlier on macro-economic policy, banking 18 NOVEMBER 2008 Page 109 of 292 regulation, gradual exchange control liberalisation, introduction of inflation targeting and the countercyclical approach to fiscal policy. Accordingly, these economic factors have not only shielded us from the financial contagion effects, but have also made us benefit from the economic global environment that is prevailing. However, despite these fundamentals being in place, National Treasury has made a point that the global financial crisis will indeed affect the trajectory of our economy. During public hearings on policy statement, the group economist of Sanlam, Mr Jac Laubscher, pointed out that the global financial crisis is indicative of a recession. According to Mr Laubscher, developed countries are said to be going through a recession, which would be characterised by two successive quarters of negative growth, while developing countries would be characterised by growth recession – there would still be positive growth, at a much lower rate. The International Monetary Fund forecasts global growth of 3% in 2009. According to its own definition, any economic 18 NOVEMBER 2008 Page 110 of 292 growth that is less than 3% would be classified as a recession. The political implications for governance structures globally, are less revenue for policy implementation. Coming closer to home, National Treasury has stated that the global financial crisis would have implications for the domestic economy. Therefore, the growth trajectory that has been attenuated would have farreaching implications for the country’s revenue as the corporate profits would have also dipped in the process. The resultant domino effects of these events might culminate in a situation where a better life for all is not realised at the expected time of delivery for the majority of the people, as compared to what we have committed ourselves to. We are less likely to escape the damage that would be done in the real economy by this phenomenon. There is a looming mass retrenchment in the mining sector, due to a massive drop in the prices of tradable resources. One has to take solace from the fact that the Federation of Unions of South Africa, Fedusa, also acknowledged the context within which the 2008 Medium-Term Policy Statement was tabled, stating that the challenges from the fiscal side for the next three years was to counteract the adverse 18 NOVEMBER 2008 Page 111 of 292 effect of the external factors, including banking and credit crises in developed countries. This brings to light the fact that at least unions and, by inference, the general public, do understand and appreciate the global economic conditions the country is faced with. As stated in the portfolio committee report, Fedusa pointed out that in the light of the global challenges ahead, special attention needs to be paid in South Africa to lifting the rate of national savings, as this is necessary in order to construct a more expropriated economy and to create a more labour-intensive growth trajectory. The National Treasury pointed out that investment growth is going to remain the key driver of growth over the medium term. In support of other commentators at the hearings, Business Unity South Africa, Busa, raised a concern that demanddriven growth was not sustainable and that it was critical to focus on unlocking supply-side growth. Accordingly, Busa pointed out that government infrastructure investment programmes should provide the necessary supply-side stimulation to the economy. 18 NOVEMBER 2008 Page 112 of 292 The monetary policy could not do much to prevent supplyside shocks, such as oil and food price increases, from having first-round effects on inflation. The monetary policy committee had to be mindful of the impact of these shocks of inflation expectations and of the need to act against the emergence of generalised inflation pressures. Inflation has breached the upper limits since April 2007. According to the National Treasury, the exchange rate volatility may result in higher inflation in the short term, but falling oil prices and lower food costs would help to bring inflation back to the 3% to 6% target range. As stated in the report, the expected movement of the Consumer Price Index, CPI, towards the target range is partly as a result of the introduction from January 2009 of a new target measure of inflation in the form of headline Consumer Price Index for all urban areas. The committee has previously been informed that the current account deficit poses no threat to financial stability and the economy as there were enough capital inflows to finance it. Accordingly, surplus capital inflows fully financed current account deficit for the first half of 2008. It has been expected to be the average of 8,3% over the Medium- 18 NOVEMBER 2008 Page 113 of 292 Term Policy Statement. As stated in the policy statement, the gradual increase of the current account deficit is a reflection of South Africa’s mismatch between savings and investment. According to Laubscher, portfolio inflows, commonly known as hot money, move swiftly around the world, seeking to return by trading in stocks, bonds, and currencies. He further stated that the current global financial circumstances and the way of financing the current account deficit may be a workable solution. Finally, the policy statement states that sound macroeconomic management will stand South Africa in good stead in the period ahead, cushioning the economy and households against shock and providing a platform for longterm growth. The ANC’s economic policy has always been forward-looking, and aimed at improving the lives of ordinary citizens. It is through the vision, the dedication of the ANC leadership and cadreship in political office, and the civil service that the country stands shoulder-high amongst its peers on the global economic stage. I thank you. 18 NOVEMBER 2008 Page 114 of 292 WELCOMING OF VISITORS FROM CZECH REPUBLIC The HOUSE CHAIRPERSON (Mr M B Skosana): Thank you, hon member. Before I call the next speaker, I was informed that in the gallery we have visitors who are members of the delegation of the Committee on Constitutional and Legal Affairs, of the Chamber of Deputies of the Parliament of the Czech Republic. We would like to recognise them. [Applause.] Mr S J F MARAIS: Chairperson, as we know the Medium-Term Budget Policy Statement, MTBPS, which the Minister of Finance tabled on 21 October 2008, is not a mid-year budget as commonly known, but importantly provides the framework on which the 2009 budget is to be constructed. It is also the obligation of the National Treasury in terms of section 28 of the Public Finance Management Act to annually table a multiyear budget projection for revenue, expenditure and key economic projections. In this process, it gives an indication of government’s assessment of the state of the economy, the fiscal framework, the budget priorities and the division of revenue between national, provincial and local governments. 18 NOVEMBER 2008 Page 115 of 292 The analysis of the current economic crisis indicates that the global economic downturn will certainly have negative effects on the South African economic growth and development. As part of the global economic village, our economy will get a cold when major economies sneeze, and our medium-term economic outlook must reflect a policy to best weather these economic storms. In this regard the DA is pleased that the Minister has stuck to his well-known and prudent fiscal policy regime and the 2008 budget announcements which contain pragmatic elements to provide for social welfare and educational needs, but also that it must reassure investors that not only will their investments be safe over the medium-term but that South Africa can offer a better return on the investments than other emerging markets. In order to effectively reassure investors and to positively influence their sentiments, it will be required from government and the ANC alliance not to make negative economic statements and create unrealistic expectations. This will not only jeopardise the investor’s confidence and sentiments, but also the task of the Ministry of Finance in support of the prudent fiscal policy regime and to attract 18 NOVEMBER 2008 Page 116 of 292 enough foreign investments to fund the growing deficit on the balance of payments. Our economic policy outlook must incorporate the realities of the current global economic climate relative to our domestic developmental, social investment and other economic needs. Investors’ perceptions and sentiments reflect their expectations of future risk and potential returns on the investments in relation to other alternative options. Negative sentiments will influence, amongst others, the credit rating of South Africa, as we’ve just experienced. This can have a major influence on the cost of foreign borrowings, which again can fuel domestic inflation expectations. This can also threaten the economic growth outlook and eventually employment and work security. Van die belangrikste uitdagings wat ons die hoof móét kan bied om te verseker dat ons steeds ekonomiese groei in die toekoms kan ervaar, sluit in: groei in veral buitelandse vastekapitaalinvesterings; die stimulering van groei via die aanbodkant van die ekonomie; die bevordering van uitvoer- en werkskeppende groei in veral die 18 NOVEMBER 2008 Page 117 of 292 vervaardigings- en produksiesektore - dit sal die druk op die groeiende betalingsbalans verlig, wat al reeds neig na 9% van BBP, en verder sal dit ook ons kwesbare afhanklikheid van portefeuljebeleggings verminder – die liberalisering van arbeidswetgewing, juis met die doel om groter indiensname en kapasiteitbou aan te moedig, wat sal lei tot ’n afname in armoede; die verdere liberalisering van ons belastingbedeling, veral ten opsigte van klein en mediumgrootte ondernemings, waar die grootste potensiaal vir indiensname gesetel is; ’n verdere verlaging in huishoudelike skuld, wat verwag word teen 1,6% in 2009, asook huishoudelike verbruik, wat teen 2009 voorsien word om teen 2,8% te groei, wat grootliks die gevolg is van die verhoging in rentekoerse, en brandstof-, voedsel- en elektrisiteitspryse. Die aangepaste fiskale besteding sal die begrote surplus verander na ’n aangepaste tekort van minder as 2%, wat binne perke is, gegewe die huidige ekonomiese klimaat. Die DA besef dat die ekonomiese realiteite, pragmatisme en omstandighede deeglik in aanmerking geneem moet word met die beoordeling van die ekonomiese beleidsaankondiging. Volgens ons mening het die Minister en die Nasionale 18 NOVEMBER 2008 Page 118 of 292 Tesourie alle faktore deeglik in aanmerking geneem, en hoewel die DA sekere klemverskille sou aanmoedig, steun ons minister Manuel se aankondigings en sal ons met groot verwagting uitsien na die begrotingsaankondiging van 2009. Ek dank u. [Tyd verstreke.] (Translation of Afrikaans paragraphs follows.) [Some of the most important challenges that we have to make a stand against in order to ensure that we can still experience future economic growth, include: growth in foreign fixed capital investments in particular; the stimulation of growth via the supply side of the economy; the advancement of export and job-creating growth in the manufacturing and production sectors in particular – this will lessen the pressure on the growing balance of payments, which is already heading towards 9% of GDP, and will furthermore also decrease our vulnerable dependence on portfolio investments – the liberalisation of labour legislation, precisely with the aim of encouraging greater employment and capacity building, which will lead to a decrease in poverty; the further liberalisation of our tax dispensation, in particular with regard to small and medium enterprises, where the greatest potential for employment exists; a further decrease in household debt, which is 18 NOVEMBER 2008 Page 119 of 292 expected at 1,6% in 2009, as well as household consumption, which is expected to grow at 2,8% in 2009, which is largely the result of the increase in interest rates, and the price of petrol, food and electricity. The adjusted fiscal spending will change the budgeted surplus to an adjusted deficit of less than 2%, which is within bounds, given the current economic climate. The DA realises that the economic realities, pragmatism and circumstances must be carefully taken into account with the evaluation of the economic policy announcement. In our opinion the Minister and the national Treasury took all the factors carefully into account, and although the DA would encourage certain differences in emphasis, we support Minister Manuel’s announcement and look forward to the budget announcement of 2009 with great expectation. I thank you. [Time expired.]] Mr N SINGH: Chairperson, I would also like to take this opportunity to congratulate hon Nene on his appointment and commend him on the excellent manner in which he chaired our meetings. 18 NOVEMBER 2008 Page 120 of 292 The failure to create the jobs needed to meet the demands of our growing population, as well as the failure to eradicate poverty and to make real inroads into rural development, is very worrying and is a huge obstacle to our development and prosperity. The current economic slowdown will exacerbate these problems and make it even more difficult for the poor to escape their lives of poverty. We in the IFP believe that a strong focus on microeconomic policies and the removal of impediments to job creation in the labour market is vital if we are to overcome these problems and attract the investment needed to take us into a higher growth level. We also need to harness the entrepreneurial spirit of our people and make it easier for them to start up and operate their own businesses, and this would also mean having access to finance. We therefore reiterate our proposal that an urgent forum, comprising government, business and representatives of the labour unions, be convened to discuss these important issues. The IFP was encouraged by and agrees with the comments made by the hon Minister of Finance regarding the need to look 18 NOVEMBER 2008 Page 121 of 292 at our labour market policy if we are to achieve our employment targets. The commitment to increase spending on infrastructure is not only welcomed but also necessary to increase growth and development. It is, however, important that this infrastructure spending be focused on the long-term growth and developmental needs of our country and not just on the 2010 World Cup. While this event is important and will provide a major boost to our economy and development, and must thus be well supported, we must look beyond 2010 when considering the infrastructural needs of our country. In the statement there is also a contingency reserve of R36 billion for unforeseen and unavoidable events. While we agree with this, we believe that there should be more clarity on what constitutes an unforeseen and unavoidable event. If it is the disaster that has occurred recently in KwaZulu-Natal in the Molweni area, if it is what has happened in the Western Cape, and if there is need for timeous intervention and funding, then we will support this wholeheartedly. Just to indicate, there is a main road in KwaZulu-Natal, R102, near where I live, that has been inoperable for two years as a result of flood damage. 18 NOVEMBER 2008 Page 122 of 292 Even if we do formulate the best and most innovative plans and provide the necessary funding, we will not improve the lives of many who are still suffering as a result of fiscal indiscipline that is so obvious in some provinces and municipalities, should it continue. Taxpayers have to get value for money and for every rand that the taxpayer puts in, we must get one rand’s value. Needless to say, our taxcollection system is about the best in the world, with them collecting hundreds of billions. In conclusion, I would like to reiterate the recommendations stated in the committee report that time for public engagement on the MTBPS was far too short. While this engagement was very constructive and informative, we hope that there is more time for engagement in the future. Thank you. Mr J BICI: Chairperson, hon members, the reality of the budget process is that it is not realistic or constitutionally possible to effect any major budgetary shifts midstream through the budget cycle. Another constraint that cannot be overlooked is that the current executive is an interim structure which will be careful not 18 NOVEMBER 2008 Page 123 of 292 to impose policy or budgetary imperatives on the incoming executive that the ANC expects to elect in the 2009 polls. There is also a further need for making no sudden policy shifts, since the global markets are in turmoil and developing countries like South Africa are threatened with a flight of foreign capital. It is a pity that whilst the MTBPS pursues this objective, the SACP and Cosatu are saying the opposite. In this context the UDM expected a budget statement that holds the course with no real changes. The UDM would like to see a clearer budgetary commitment to stimulating the economy with a view to job creation, as well as bigger cash injections for the fight against crime and to improve the salaries and working conditions of teachers, nurses and other government workers. Thank you. Mr L W GREYLING: Chairperson, the ID welcomes the more expansionary stance that is being taken in this year’s Medium-Term Budget Policy Statement. It is now clear that the global financial crisis will have a negative effect on our economic growth prospects and, in particular, our commodity exports. 18 NOVEMBER 2008 Page 124 of 292 It is in times like these that the corporate sector reverts to a survivalist mode and that the government needs to step in with a fiscal stimulus package. We must use the stimulus package to address our most obvious constraints to sustainable economic growth, namely inadequate education and skills, physical infrastructure and a competitive and productive environment for industry and economic service development. When it comes to infrastructure spend, the ID has noted the concern in your policy statement that our current infrastructure is heavily import-intensive. What we really need to do is focus on how we can stimulate the local industrial base and create employment for South Africans. In particular, Eskom intends spending R700 billion on nuclear plants which will be built by a foreign company with very little linkages to our local industry. The ID believes that we should rather be looking to invest money in renewable energy, the vast majority of which can be built by local industries. This would, in turn, create thousands of jobs for our people. It is these types of initiatives that need to be employed during this difficult 18 NOVEMBER 2008 Page 125 of 292 period to ensure that we improve our manufacturing base and create the maximum number of jobs for each rand that the government spends It is one thing to put aside money for infrastructure spend, but spending it is a different thing altogether. In this regard the ID is extremely concerned that the very departments entrusted with the task of building infrastructure are the same departments that are guilty of continual underspending on their budgets. The ID maintains that we now need a government that can spend its money as effectively as it collects it. Thank you. Ms L L MABE: Chairperson, the last Medium-Term Budget Policy Statement report presented is the last of the Third Parliament and it reflects on the road ahead for the next Parliament, on issues that it should take up to accelerate the work done by this Parliament. So, we need to remember that this is the last one for this Parliament in order to prepare the next Parliament to take up issues that affect our people. 18 NOVEMBER 2008 Page 126 of 292 The economic slowdown and the projected decline in revenue may require changes in the medium-term budget proposals and we must be prepared, as Parliament, when those changes are proposed by the next leadership. This in turn will place greater importance on domestic policies, with the need to ensure that funds are directed at those sectors and programmes which have the greatest impact on the lives of South Africans, and this is quoted from our report on the MTBPS. This MTBPS makes provision for enhancing medium-term priorities, although not to a large extent. Generally, the committee welcomes and supports the statement, but there are some issues that need to be taken on board by government. I will reflect on some of the priorities and my colleague, hon Schneeman, will do the same with the remaining priorities. One of them is to improve the provision of health services. Health is central to the lives of our people. We welcome the funding for the National Health Insurance System and appeal to government to put sustainable plans in place and financial support for its proper implementation. As funds 18 NOVEMBER 2008 Page 127 of 292 are allocated there should be a proper implementation plan so that as Parliament, as the portfolio committee and the Joint Budget Committee, we can follow up on whether the plan is implemented or not. As we interacted with the Human Sciences Research Council prior to the presentation of the statement, they indicated that 60% of maternal deaths are due to treatable diseases. Fa 60% ya dintsho tse di tlhagelelang tsa bommê fa ba belega di tlisiwa ke malwetsi a a alafegang. Se, se raya gore go na le phoso mo Lefapheng la Boitekanelo. Phoso e, rona re le Palamente, jaaka re tlhophilwe ke batlhophi re tshwanetse go e baakanya, gore bomme fa ba belega ba seka ba tlhola ba tlhokafala mmogo le bana ba bona, mo go sa tlhokegeng teng. Ke rata gore ke bowe gape ke re ee, ke nnete go na le tswelelopele e e dirilweng mo go fokotseng dintsho tsa bommê le bana ka nako ya pelegi. Fela, jaaka fa ke bua, re tlhoka go itse gore lefapha le tlile go dira eng gore e re fa re bua ka madi a re a ba neelang re bo re itse sentle gore bana ba, jaaka re le bommê mo Palamenteng, re bone 18 NOVEMBER 2008 Page 128 of 292 gore ba a phela ka gore ke bona ba re lebeletseng bokamoso mo go bona. (Translation of Setswana paragraphs follows.) [When 60% of maternal deaths are due to treatable diseases, this means there is something wrong in the Department of Health. We as Parliament, elected by the people, have to rectify this mistake so that when women give birth they do not lose their lives and babies unnecessarily. Again, I would like to agree that it is true that there have been developments aimed at reducing maternal and infants’ death. But now, as I speak, we need to know what the department is planning to do so that when we discuss the funds allocated to them, we as women in Parliament make sure that these infants survive, because they are the future.] Although we support the allocation of more financial resources to health, we also want to see an improvement in the supply chain management. We are very concerned as a committee that you will, for example, find that a hospital in Kimberley procures from companies in Gauteng. Why such a distance for waste disposal? How can it procure from 18 NOVEMBER 2008 Page 129 of 292 Gauteng? How can linen be washed and cleaned in Gauteng? That is not fair to our people and we therefore say procurement must also be done from local companies, so that local economic development can be realised. [Applause.] We also say that as medication is procured, it must be on time, and not always at the 11th hour or at the end of the financial year; we expect medicine to be available because money is made available for it. On crime prevention and security we always say, even as we did last year during the MTBPS, that the cluster should have an integrated approach so that Correctional Services, Justice and the police know what one another are doing, so that their approaches can be enhanced to ensure that crime is reduced, but we have discovered that this is not the case. We welcome the fact that more financial support will increase the number of specialised police personnel, but they should be accompanied by a visible decrease in the level of crime. As we employ more police, crime must also decrease; as we employ more police, we need to have more 18 NOVEMBER 2008 Page 130 of 292 detectives, who can prepare convincing statements that can stand the test of time in court because we want more people to be convicted and sentenced to jail. At the same time, as I talk about jail, it’s our concern as the Joint Budget Committee that in 2002, the former President, Comrade Thabo Mbeki, announced that six prisons would be constructed. Unfortunately, the statement says there’ll be six more new prisons. We tried to interrogate it and communicated with the Department of Correctional Services to ensure that the six announced in 2002 are not the six that are supposed to be new. Unfortunately, there was no response. We also say that, as the department, as we welcome funding proposals for those six new prisons, the correctional services must give the portfolio committee and the Joint Budget Committee an implementation plan of how those prisons would be constructed and completed. On rural development and agrarian reform, we say that agrarian reform is central to the policy of this government and there’s no way we can move away from it because we want to alleviate poverty, we also want to ensure that there is 18 NOVEMBER 2008 Page 131 of 292 food security. As a developmental state, we must have food security. We interacted with the Department of Land Affairs and Agriculture because last year we raised a concern that they did not work hand in hand. At least now they have convinced us that they’ve started to work together. The challenge is that we expect Land Affairs to speed up processes to meet the 2014 target. Last year, they were not convincing. They did not show that they could achieve that plan. There were some technicalities that cropped up but we still stick to that 2014 target. I also want to say that the reason we are concerned about agrarian reform is the fact that agriculture employs more people. As we support it, we must also ensure that more people are employed and not machinery, because there is a tendency to move towards using more machinery. There is a tendency of ensuring that, instead of taking up their responsibility of providing more food, people would rather opt for game farming. We questioned it during our interaction with the department. 18 NOVEMBER 2008 Page 132 of 292 With respect to industrial reform, initiatives that government has in place must be balanced between promotion of competitiveness and protection of the existing industries. For instance, the textile industry is dying and efforts that are there to assist the motor industry must also be used for these textile and clothing industries to ensure they survive because these are the main employers in that sector. Therefore, there must be a broader sustainable industrial strategy, which as a developmental state must be prioritised. Remember, we produce natural resources and they must be used to ensure that we develop more industries to create more employment. We welcome the new face of the Expanded Public Works Programme that is intended to transfer skills, but also create longer-term employment. We’ve been concerned that employment created was shortterm. I can’t leave out state-owned enterprises. Our view is that they must work together with government on developmental objectives. They can’t work parallel to what government is doing. There must be that integration to ensure that they support our developmental initiatives. 18 NOVEMBER 2008 Page 133 of 292 Before I complete, we emphasise, as a committee, that coordinated and integrated planning is paramount, whether it’s in the justice and security cluster or in the economic or social sector. An integrated planning approach is very important. Departments must stop working in silos. This is one government; all departments have to work together. Finally, I want to thank all the departments, including the Human Sciences Research Council and the Public Service Commission, because they gave us information when we interacted with them, which we used when we called departments to appear before us. Rra, ke a go leboga. Re le ANC le tshegetsa puo e. Rare, ... [Chairperson, thank you. The ANC supports this Budget Vote. We say ...] ... phambili ngomzabalazo, phambili! [... forward with the struggle, forward!] Mr S N SWART: Chairperson, amidst radically altered political and economic conditions, the ACDP welcomes the 18 NOVEMBER 2008 Page 134 of 292 hon Minister of Finance’s assurance that, whilst there is global financial turmoil, the thunder will pass and we will weather the storm. The medium-term statement provided the much-needed assurance that government’s prudent fiscal and monetary policy that has shielded South Africa from the global financial crisis affecting other emerging markets will not be altered. The crisis will, however, result in a slowdown in our economic growth. This will result in decreased job opportunities, rising prices, reduced exports and reduced taxes that would have been collected. This was factored into the policy statement with lower economic growth forecasts and revenue estimates. Whilst there was huge pressure for more popular spending, thankfully no radical shifts in monetary and fiscal policy were announced. This would have sent the wrong message to foreign investors, already jittery due to the financial crisis. In this regard, the ACDP appeals to left-leaning Members of Parliament to tone down calls for major shifts in economic policy. This, particularly, in light of the fact that the 18 NOVEMBER 2008 Page 135 of 292 financial crisis has already jeopardised South Africa’s foreign capital inflows. We cannot afford to further destabilise the economy by political posturing, particularly, in the run-up to next year’s elections. Our large current account deficit that is financed by speculative short-term capital inflows would also be affected and is also an area of concern that was addressed. Whilst this deficit remains our Achilles heel, the country’s low debt ratio, large cash holdings, and significant foreign exchange reserves in the region of $32 billion will serve to cushion the economy during this global meltdown. The ACDP supports the limited increases in public spending in the amount of R170,8 billion over three years that was announced. We particularly welcome the focus of the policy statement to include the enhancement of the quality of education, improving health care, fighting crime, delivering housing, water, electricity, sanitation and addressing poverty. We would like to touch on the issue relating to the credit ratings. It is regrettable that our rating has been reduced 18 NOVEMBER 2008 Page 136 of 292 from “stable” to “negative”. Surely, as South Africa we are the victims in this whole situation and as the ACDP we share the views expressed by Treasury about the credit rating of Fitch and Spoor, which is not supported by our recent history and overlooks certain material facts about current macroeconomic and fiscal frameworks. We cannot allow ourselves to be negatively affected by this credit rating – as I’ve mentioned, we are the victims – and, surely, these are the issues that have to be addressed when looking at the global financial institutions. In general, the ACDP will, however, conclude by saying that we support the Medium-Term Statement and believe that tough fiscal and monetary decisions will be taken to enable us to weather the storm. I thank you. Ms S RAJBALLY: Chairperson, the global crisis has the developed world and the developing world in limbo, while economists may see some light for a developing country such as South Africa, even though at a slower rate of growth. The Minority Front cannot contain its concerns when we look at the volume of people affected by the scourge of poverty, unemployment and minimal service. 18 NOVEMBER 2008 Page 137 of 292 Even though a low growth figure is a bit positive, it is the reality of the exceedingly high cost of living and the cost to poverty-stricken families of getting by today, that we really need to take into consideration. The inflation rate of 11% has earned an 11% wage increase. People are battling to sustain even more from a small income. This is the sore reality of our current economic climate and, certainly, there should be fiscal issues to cushion it. The hon Minister of Finance has rightly described it as a financial storm. The MF hopes that the additional allocation of R170,8 billion over the next Medium-Term Expenditure Framework, MTEF, shall address many of our challenges and sustain effective growth even in these trying times. While tax revenues do not look as grim, we are certain that the hon Minister and his brilliant team shall, by next year’s budget, have devised some relief. The MF acknowledges that the National Treasury has had to change its growth forecasts, reducing the gross domestic product expectations with all its uncertainty. We need to earnestly examine the situation so as to reduce external 18 NOVEMBER 2008 Page 138 of 292 vulnerability. The MF, however, notes the efforts to increase investment and employment to stimulate higher economic growth. We thank the hon Minister and his able team for putting the band aids where we need them. The MF hopes that our strategy shall sustain effective economic growth and rather assist in bringing poverty down. The MF supports the Medium-Term Budget Policy Statement. I thank you. Mr G D SCHNEEMANN: Chairperson, the spending projections contained in the Medium-Term Budget Policy Statement continue to build on the commitments which the ANC has made to create work and fight poverty and to make local government work well. It also sets up the context and direction of policy, which enables departments to plan and budget for the next three years. If departments are able to do this, there should be no reason for underexpenditure and not meeting targets. These spending projections determined by this ANC-led government move us closer towards achieving the goals and objectives of the Freedom Charter. They also clearly 18 NOVEMBER 2008 Page 139 of 292 demonstrate the continued commitment of the ANC to the Freedom Charter and ensure that the aspirations of those gathered in Kliptown on 26 June 1955 are realised. We in the ANC join those who were in Kliptown in 1955 when they said: “And we pledge ourselves to strive together, sparing neither strength nor courage, until the democratic changes here set out have been won.” In particular, allocations are made which strengthen the following clauses of the Freedom Charter: “The land shall be shared amongst those who work on it.” This is demonstrated through the policy priority which government has placed on the redistribution of land and its implementation, which has been emphasised by the Joint Budget Committee: “The doors of learning and culture shall be opened”. No-fee schools are being expanded, new schools are being built and old infrastructure continues to be upgraded. “There shall be houses, security and comfort”. Over 2,6 million houses have been built. We have no doubt that our government continues to put the people of South Africa first and prioritises spending that will create a better life for all. The Joint Budget 18 NOVEMBER 2008 Page 140 of 292 Committee held hearings on the Medium-Term Budget Policy Statement, MTBPS, and interacted with the Department of Housing, the Department of Transport and the Department of Education, as well as the Human Sciences Research Council. Spending on housing over the MTEF period will see R44,7 billion allocated through the Integrated Housing and Human Settlement Grant. The Joint Budget Committee, JBC, welcomes the increased allocation and is confident that this will help to accelerate housing delivery and a reduction in the housing backlog. However, there will have to be greater co-ordination between all relevant departments so that as housing projects are planned, so too is the necessary infrastructure such as police stations, schools, clinics and recreational facilities. This means that departments must talk to each other, plan and budget together. The days of working with a silo approach must come to an end. A point of concern is whether sufficient funds are allocated towards the eradication of informal settlements by 2014. The Department of Housing indicated that with current allocations over the MTEF, they may not be able to 18 NOVEMBER 2008 Page 141 of 292 meet this target. Together with the National Treasury, they will need to prioritise both financially and in terms of human resources to ensure that this target is met. With the continued rise in the cost of building materials, more emphasis should be placed on using alternative construction methods such as those which have been showcased that the Eric Morobi Housing Innovation Hub in Tshwane. Many of these methods provide a house which is cheaper to construct, bigger in size and of sound quality. The increased allocations for school infrastructure, which will improve existing facilities with priority to the provision of libraries, sports fields, laboratories, Grade R classrooms and infrastructure for learners with special needs, are welcomed. Funding should not only be provided for the provision of facilities but must also provide the resources so that these facilities achieve the results which they are meant to. Well-resourced libraries will help to improve the reading skills and knowledge of our children. Sports equipment will help to produce sports stars of the future. 18 NOVEMBER 2008 Page 142 of 292 Laboratories with the correct equipment will produce scientists. One of the disturbing facts presented to the JBC during its interaction with the Department of Education, the Department of Health and the Human Sciences Research Council was the number of schools and clinics without access to sanitation and water despite considerable achievements having been made in the provision of these services. Tomorrow is World Sanitation Day, but children in 1 532 schools, or six percent of our schools, will have to wait to celebrate. Therefore, the JBC calls on all related departments to work together to ensure that by the end of the 2009-10 financial year no school or clinic should be without sanitation. The Medium-Term Budget Policy Statement provides funding for promoting energy efficiency and investment in renewable energy sources. Serious and urgent consideration should be given to the use of alternative forms of energy such as solar power in those schools and clinics which do not have access to conventional forms of electricity. 18 NOVEMBER 2008 Page 143 of 292 The National Student Financial Aid Scheme has been an effective policy measure, with many students being able to further their studies. Continuous evaluation is required from the Department of Education to ensure that the intended target groups do indeed receive this much-needed funding. The employment of more teachers will not only reduce learner or educator ratios, but will also improve the quality of learning, teaching and results. The establishment of a unit to evaluate school and teacher performance is welcomed, although it is not clear what funding will be provided, and more clarity will be required in this regard. The JBC was informed that one of the contributors to absenteeism in certain high schools is transport problems. There is a need to clarify who is best placed and responsible to perform this function. The school nutrition programme provides much-needed sustenance, and often the only form of sustenance, to learners and is to be extended to all secondary schools in quintiles one, two and three; more work needs to be done to ensure that sufficient budget allocations are made. 18 NOVEMBER 2008 Page 144 of 292 Significant allocations are made for the provision of public transport infrastructure, although much of these funds will go to 2010 Fifa World Cup host cities. It is important to ensure that our people experience the benefit of safe, affordable and reliable public transport. Throughout the hearings and in fact over the past four years, an area that has become increasingly evident to the JBC is that there is insufficient interdepartmental coordination, co-operation, planning and budgeting. Underexpenditure is often related to poor planning and budgeting. We therefore fully support the recent alliance economic statement on the need for a high-level planning, evaluation and monitoring capacity in government and a proposed planning commission which would ensure the alignment of all work of government departments. The Freedom Charter belongs to all South Africans who embrace it. I would call on all South Africans to register to vote in 2009 and join the ANC in realising the dreams and hopes of all the people who gathered in Kliptown in 1955. Together with the ANC, we will create a better life for all South Africans. I thank you. 18 NOVEMBER 2008 Page 145 of 292 Mr L M GREEN: Chairperson, the Federation of Democrats welcomes and supports the Medium-Term Budget Policy Statement. We have all been warned that global economic growth will be sluggish for several years. The market has become very volatile, and foreign investors will not be kind to emerging markets, as we have seen when investors recently took more than R8 billion out of the country. The Minister of Finance has predicted that we have to downscale our growth rate to around 3% over the next few years. The current global financial crisis was brought about by the policies of the developed countries. The time has come for a review of current global market imbalances. If Germany, Japan, and other First World economies are facing a recession and shedding jobs every day, we must thank God that we can still talk of a 3% growth. To access global funds, it has always been prescribed that emerging markets must tighten their belts by introducing austere fiscal measures to contain overspending. However, when financial crises strike the richer nations, who themselves ignored the fiscal discipline demanded by them for smaller, developing economies, developing nations, despite their sound fiscal policies, continue to lose out 18 NOVEMBER 2008 Page 146 of 292 from accessing funds as the rich countries bail out only their own financial sectors and at the expense of development in emerging markets. South Africans need to be sheltered from the fallout of the current global financial crisis. As the Minister has stated in his speech, the crisis will be with us for a number of years still, since we have a situation where the rich have become richer and the poor have become poorer before the current crisis. The impact of the global financial crisis will be even more critically experienced amongst the poorest of the poor. I thank you. Dr D T GEORGE: Chairperson, the Medium-Term Budget Policy Statement provides a snapshot of deteriorating economic conditions within which our economy needs to compete. Two significant events occurred in 2007 which are impacting on our economic performance. In August 2007 credit markets froze when trust between banking counterparties broke down. This resulted in a liquidity crisis in the international financial markets and fallouts in real economies across the world. 18 NOVEMBER 2008 Page 147 of 292 A decline in global consumption and the withdrawal of investor capital from our emerging market will further enlarge our current account deficit and impact on the value of our currency. Hedge funds are offloading many of their assets, including gold, causing the price to fall along with other commodities. This is unusual, given that the gold price usually increases during economic turmoil, to our benefit. In December 2007 events at Polokwane highlighted concern over future economic policy. Uncertainty over policy continuity has increased perceived risk and calls for unworkable policy shifts have frightened market participants. Proposals to position government at the centre of our economy have eroded confidence in our sustainability and demonstrate our vulnerability to experimentation with failed economic systems. Our economic prospects have deteriorated substantially in the past eight months. Macroeconomic projections indicate the extent to which South Africans will feel the brunt of the economic downturn. Fitch and Standard and Poors have downgraded their economic outlook for South Africa from 18 NOVEMBER 2008 Page 148 of 292 stable to negative. This makes the cost of credit even more expensive. The role of government is to help ensure that the downturn is shallow and short. Government needs to stimulate the economy without dominating or commanding it. It needs to intervene through effective fiscal policy, and we broadly support its approach. Fortunately, our banking system does not require rescue, so attention can be applied to three immediate needs: preventing job losses, providing a safety net for the vulnerable and accelerating job creation. This can be achieved through improving the ease of doing business; simplifying the tax regime; providing incentives to business, especially small and medium enterprises, to retain its work force; implementing a wage subsidy and income support; addressing uncompetitive labour laws; and accelerating public-private partnerships. There appears to be a broad consensus that developed economies are heading for recession, and developing economies for slower growth. Our economy needs to be perceived as a stable and secure investment destination. Our fiscal stance, to date, has promoted that objective. Through appropriate interventions, the downturn can become 18 NOVEMBER 2008 Page 149 of 292 less painful and our fundamentals can be improved to accelerate the upturn when it inevitably comes. Thank you. Ms N R MOKOTO: Good afternoon, Chairperson, members, and people in the gallery, the debate on the Medium-Term Budget Policy Statement has come at a very critical stage of the economic developments around the world. In that case, very serious reviews and considerations have to be taken in order to place our economy on a platform to better respond to the current challenges facing the world as a whole. Our government has been very proactive and, through the strong supportive measures centred on policies and relevant institutions, it has, to a certain extent, assisted in cushioning the economy from the global pressures of volatility. Chairperson, during the past 14 years, government has gradually and effectively strengthened its fiscal position whilst, at the same time, it has ensured stability in the public finances. It has, therefore, been able to support sustainable economic growth through the increase in public spending on key priorities like boosting the investment in infrastructure and social and economic development. 18 NOVEMBER 2008 Page 150 of 292 Whilst we appreciate the proactive approach of government, especially of National Treasury in the choices they have made for us, we are also mindful of the fact that it also calls for prudent action on our part as citizens, stateowned enterprises, government departments, and the private sector. We must heed the call to improve our culture of saving and to reduce debt and reckless consumption, particularly as we go into the festive season, as this will further cushion us from the harsher effects of global volatility. For the past five years, government’s fiscal position has been adjusted to respond to cyclical factors, and last year a budget balance was introduced which also allowed for a budget surplus. The advantage was that government better positioned itself to increase social spending on major priorities. For the coming year, it has been projected that there has been a weakening in the structural budget balance, mainly due to high expenditure. The state-owned enterprises are also playing a strong-arm, or bigger role, in driving this investment. At the same time, revenue trends also reflect moderation. The buoyancy of the recent years has 18 NOVEMBER 2008 Page 151 of 292 dissipated, giving effect to reduced gross tax revenue as a percentage of gross domestic product, GDP. Much of this decline represents a natural reduction in cyclical components of revenue as economic growth and commodity prices retreat from relatively high price levels and, as the economy begins to pick up in 2010, revenue collection and prices will also stabilise. For several years our government has been able to reinforce the progressive character of the tax system. The factors behind this strong revenue performance included legislative changes to broaden the tax base, to reduce loopholes, and to create a more efficient revenue service. Through both policy reforms and improved administration, government has increased the efficiency, fairness and progressiveness of our tax system whilst reducing the impact of high marginal tax rates. South Africa’s main sources of tax have been income tax, VAT and corporate income tax. Improved revenue administration and a growing economy have enabled our government to make significant tax reforms over the past decade. The current tax reforms that are under way include the replacement of the Secondary Tax on Companies with a 18 NOVEMBER 2008 Page 152 of 292 dividend tax. It is proposed that the general fuel levy should be shared with metropolitan municipalities and further tax instruments are being suggested for the municipalities. With regard to personal income tax, the 2009 Budget will again provide relief for individuals to compensate for the effects of inflation. The nett results of these reforms include rate reduction, adjustments to brackets, base broadening in the form of capital gains tax, closing of various loopholes, and improved enforcement. It is apparent that a considerable erosion of the company tax base occurred when the rate was 40%, while a broadening of the tax base, higher growth, and improved compliance efforts have resulted in significant increases in this revenue category since 2001. Hon members, the VAT zero rating is widely talked about – that is, whilst zero rating of basic foods and paraffin is intended to assist the poor, higher-income households also benefit from this concession. It is our view that most of the cases ... The ANC supports the statement. Thank you. [Time expired.] 18 NOVEMBER 2008 Page 153 of 292 The MINISTER OF FINANCE: Siyabonga kakhulu; Sihlalo, ngaphambili! [Thank you very much, Chairperson!] I would like to thank the Joint Budget Committee for the work they have done on the Medium-Term Budget Policy Statement, because, as is evident from the report published in the ATC today, and also from the contributions of members here this afternoon, the committee set about its task to produce a diligent and detailed process. I think it is remarkable that Parliament’s oversight is as strong as it is, and I hope the hon Trent is aware of this. I think that the broad message that we built the MediumTerm Budget Policy Statement around, which was focused on the storm and the fact that it will pass, has been well received by members here. The report reflects the complexity of the present economic circumstances. I think it is also important, as reflected in the earlier discussion, that since the tabling of the Medium-Term Budget Policy Statement on 21 October, global circumstances have actually deteriorated somewhat, although we have had a series of meetings that have allowed us to 18 NOVEMBER 2008 Page 154 of 292 explore options for a turnaround, along with a number of other countries. I would like to concur that there is broad agreement on the key budget priorities over the next three years. These are: education, health, fighting crime, investing in built environment infrastructure and improving rural livelihoods. We appreciate that Parliament broadly supports the division of revenue among the three spheres because this decision is a critical decision, ensuring that government’s priorities are funded, and that subnational governments have the resources to deliver on government’s priorities. One of the issues we clearly have to give attention to now is to improve on the alignment between the three spheres of government, especially in those areas where we have concurrent powers, and part of the work that we are exploring is the estimates of national expenditure that will in fact construct such an alignment and ensure that parliamentary oversight over a function, and not just a function in a sphere, might be considerably improved. 18 NOVEMBER 2008 Page 155 of 292 The Joint Budget Committee makes ten recommendations, as published in the ATC. I would like to concur with each of these recommendations, and I undertake to share this with my colleagues in the executive, especially in those areas where better alignment is called for between different functions: education, water, etc. I will communicate this with my colleagues and ensure that by the time we return in February with the Budget, these issues have been taken account of, and, very importantly, that we can reflect on these issues also in the measurable objectives in the estimates of national expenditure. In respect of co-ordination and the measurable objectives, a series of several intergovernmental forums have been set up to improve on co-operation between the three spheres and also within a sphere, but Parliament also has a role to play in this regard. Raising it here, as the Joint Budget Committee does in its report published in the ATC, is important but there needs to be constant follow-up, and I hope that, even beyond the elections, this will be part of the way in which the oversight of Parliament is undertaken. Secondly, departments compose their measurable objectives as part of their strategic plans and table them for 18 NOVEMBER 2008 Page 156 of 292 scrutiny here in Parliament. I’d like to agree with the point that the very excitable hon Trent made earlier. It is not frequently that we recall what you said, Mr Trent, so let’s celebrate that today! [Interjections.] Parliament has not actually looked at annual reports this year. Now, if you haven’t looked at the annual report, how are committees then prepared to engage with strategic plans going forward? I just happen to be of the view that it is a major omission, because the fundamental purpose of parliamentary oversight over the work of the executive then does not receive the necessary attention. So beyond the report as published in the ATC, and knowing that departments have published measurable objectives, Parliament needs to know that departments actually stick to what they made the commitments for. There is a kind of contract about what the money will buy, and that oversight function is a function best performed by Parliament. Lastly, despite the gloomy international economic outlook, because of the tough decisions we took earlier on, we will be able to finance our spending plans over the next three years. We have the fiscal space to protect spending on infrastructure and social services, because it is these 18 NOVEMBER 2008 Page 157 of 292 investments that will ensure that we grow faster when indeed the storm has abated. The Budget that will be tabled in February will take account of the recommendations and views of the committee, and we will endeavour to continue engaging with these issues that the report raises way beyond the Budget on 11 February next year. Thank you very much, Chair. [Applause.] INTELLECTUAL PROPERTY RIGHTS FROM PUBLICLY FINANCED RESEARCH AND DEVELOPMENT BILL (Consideration of Bill) Mr G G OLIPHANT: Chairperson, Ministers and Deputy Ministers present here, let me also congratulate the newly appointed Ministers and Deputy Ministers who are here and those who are not here. I also greet the Chairpersons and deputies behind us, as well as the Chief Whip and Deputy Chief Whip of the Majority Party. Welcome to all the new members who joined Parliament today and on the other days. [Applause.] 18 NOVEMBER 2008 Page 158 of 292 Today we are dealing with some amendments that arose from a Bill that we debated here in Parliament. We are happy to report that the Portfolio Committee on Science and Technology met on 24 October 2008 and adopted unanimously amendments that the National Council of Provinces proposed for our consideration, relating to the Intellectual Property Rights from Publicly Financed Research and Development Bill. The Bill was approved by the National Assembly on 21 August 2008 and sent to the NCOP for concurrence. The two amendments proposed are of a technical nature and essentially clarify that choice, in respect of intellectual property emanating from publicly financed research and development, shall be owned by the recipient. Where the recipient prefers not to retain ownership of the intellectual property or not to obtain statutory protection thereof, that choice must be made in accordance with the regulations and any guidelines published in Nipmo, the National Intellectual Property Management Office, by notice in the Gazette or other provisions applying in this regard. Secondly, the Bill addresses the right of intellectual property creators in institutions to benefit-sharing. For 18 NOVEMBER 2008 Page 159 of 292 instance, intellectual property creators at an institution and their heirs are granted a specific right to a portion of revenue that accrues to that institution. What we are saying is that if you are a creator at an institution that receives some royalties relating to this intellectual property, you or your heirs must benefit from that. There is a legal criterion that facilitates this. So, I’m not going to get into the details, because we have debated this law before. The committee was satisfied that the omission and/or corrections suggested by the NCOP do not change the substance of the Bill as approved by the National Assembly. To illustrate the critical importance of this piece of legislation in relation to economic growth and competitiveness, let me just repeat some examples that we gave at the CSIR, Council for Scientific and Industrial Research, conference held yesterday – and it continues today – as achievements. The CSIR that we are talking about is funded by the public and boasts many achievements of technological excellence and innovation. Amongst these is, for instance, the Heavy Vehicle Simulator, which is a 18 NOVEMBER 2008 Page 160 of 292 mobile laboratory that allows engineers to assess the performance of new road designs using accelerated testing techniques. This scientific tool for measuring scientific competence optimises the structural design of roads and minimises the life cycle cost of the road. The CSIR, for instance, informed us that the United States of America and China have adopted this world-class system to develop infrastructure in their own economies. Deputy Minister Hanekom will be happy to know about the lithium battery technology that is used in many power tools or devices. Soon, it is expected that this technology will also be deployed in battery-powered motor vehicles. Although South Africa does not have a battery cell manufacturing industry, our country has recently announced its plans to develop a battery car. A prototype car was recently announced at the Paris Motor Show. The fact that CSIR has key patents in the lithium battery field provides us the freedom to operate and establish a battery cell or battery-manufactured operation. 18 NOVEMBER 2008 Page 161 of 292 There are many examples; another excellent example of our research excellence is the Bioartificial Liver Support System that is intended to extend the lives of patients suffering from acute liver failure - and the list is long. Regarding the last example I gave, Ntate Mokoena, what science will do to assist you when you have this condition is to drain all the blood out of your body and pump into you a lot of oxygen so that you remain alive. It will also purify the blood and try and treat some conditions in your liver. That is what it is able to do. The marvels of modern science! Our country is at the cutting edge of this technology. People die owing to the condition of liver failure. Transplants are expensive and it’s also very difficult to get liver donors and so on. So, we are excited that the next Parliament has the prospect of overseeing some of these pieces of legislation - this one and the others that we adopted during the course of this year. Let me wish all political parties a peaceful election campaign, all members a restful season and, obviously, an overwhelming victory for the ANC in the next election. 18 NOVEMBER 2008 Page 162 of 292 Mr J P I BLANCHÉ: Mr Chairman, may I ask the member a question? The HOUSE CHAIRPERSON (Mr M B Skosana): Well, you still have time, hon Oliphant. Will you take a question? Mr G G OLIPHANT: I shall, Chairperson. Go ahead, sir. Mr J P I BLANCHÉ: Now that Mr Lekota and Mr Shilowa have left the ANC, is there any intellectual property left in the ANC? The HOUSE CHAIRPERSON (Mr M B Skosana): You wanted a question. Mr G G OLIPHANT: I was hoping for a much more intelligent question than that. [Interjections.] No, no, no! I shall not say that any ... The HOUSE CHAIRPERSON (Mr M B Skosana): Please, hon member, you offered to answer the question! 18 NOVEMBER 2008 Page 163 of 292 Mr G G OLIPHANT: I shall not say anything about our former comrades. They are just lost, that’s all. Basically, like the President of the ANC, Jacob Zuma, said ... The HOUSE CHAIRPERSON (Mr M B Skosana): Hon member, your time has expired. I need to rescue you now. [Laughter.] The hon Oliphant started off by welcoming me, even though I’ve been in the Chair for a whole year. I don’t know whether the hon member is bidding me farewell; you don’t know these things. Maybe he knows something that I don’t. There was no debate. The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move that the Bill, as amended, be passed. Agreed to. Bill, as amended, accordingly passed. CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON EDUCATION – STRATEGIC WORKSHOP 18 NOVEMBER 2008 Page 164 of 292 CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON EDUCATION - OVERSIGHT VISIT TO VAAL UNIVERSITY OF TECHNOLOGY Prof S M MAYATULA: Chairperson, I will start off by congratulating two members who were part of the compilation of this report and who have left us. These are very important reports. What I need to do first is to indicate where to find this in the ATC, because I am not going to go through what is contained in it. The first one relates to the workshop we had at Gordon’s Bay as a portfolio committee; the second one relates to our visit to the Vaal University of Technology. I want to start off by congratulating two members of the portfolio committee who have left us. They were part of the process when we were dealing with these things. I am referring to hon Matsomela, who has since been promoted to the position of Chairperson of the Portfolio Committee on Public Service and Administration. [Applause.] I am also referring to Adv Gaum, who has since been promoted to the position of Deputy Minister in the Department of Education. [Applause.] As a committee we do pride ourselves on exporting leaders to different areas - Deputy Ministers, 18 NOVEMBER 2008 Page 165 of 292 Ministers and chairpersons of committees. So we hope that they are going to fare well in their new lives. On the workshop of the portfolio committee held at Gordon’s Bay on 9 to 11 March, I want to again acknowledge, in particular, hon Ben Mthembu in his absence. Hon Ben Mthembu was a driving force behind this programme and he had a real passion for quality of education. Unfortunately, he has also left the committee. In particular, what we did in that workshop was to invite people from outside. We invited Prof Christie to deal in particular on thinking outside the box regarding issues about general education. We also invited Prof De la Rey again to come from outside and deal with issues on higher education. I would really appreciate it if people who are not part of the committee could go to the ATC dated 27 August, 2008. It was good to hear Prof Christie again indicating the achievements of this government. Let me just read a few achievements Prof Christie, from the Cape Peninsula University of Technology, mentioned in the first decade: More equitable distribution of state resources, for example no-fee schools; and the redesigning and restructuring of the system of education. She was happy with the increased 18 NOVEMBER 2008 Page 166 of 292 access to our schools, the improvement in school provisioning, moving towards the achievement of education for all. She was also able to go through some of the challenges that are facing us. She referred to the quality of education, how our children are failing at international tests for reading, writing and arithmetic. If I cross over to Prof De la Rey, she was able to bring a SWOT analysis about our higher education, looking at what the strengths, weaknesses, opportunities and threats are - and again it was a breath of fresh air to see somebody from outside. In the same workshop we were able to get first-hand information from our comrade, hon Bapela, regarding the new model of oversight. As a committee we were really happy to ask: What does it tell us? I wish this could also be taken to other committees, because this is a very important model that is going to assist us. In that workshop we were even able to plan ahead up to and including 2011, so this is kind of a Bible and basis we are going to be using to see how we are going to take education forward. Let me put that aside. When it comes to our visit to the Vaal University of Technology, we had to go there because of the turmoil, the strife and the strike, and because we got letters from 18 NOVEMBER 2008 Page 167 of 292 different stakeholders. If one reads this report you can see how we were able to get the different stakeholders, unions, the teachers and management to share how they feel about their university. During the presentation from all stakeholders, one could sense the mistrust. In 2006 the rector of that university was dismissed. He is still appealing. The new rector came and one could sense that these two stakeholders, the management and other different stakeholders, did not see eye to eye. They are not working together and the new management has not, as yet, been accepted. What we could read was that there was a sense of fear. Different structures are fearful of victimisation. They say if you stand and say anything as a structure, chances are you are going to be dismissed. We tried to reason with the management that our democracy allows us to think whatever way we want to think and it is very important to accommodate everybody. So we did make some recommendations and, again, if one were to read this report, you can see that it is an objective report, taking all sides into account and indicating the state of affairs in that university. On behalf of the portfolio committee, I propose that these reports be adopted. 18 NOVEMBER 2008 Page 168 of 292 The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move that the reports be adopted. Agreed to. Reports accordingly adopted. CONSIDERATION OF TWENTY-SEVENTH REPORT OF STANDING COMMITTEE ON PUBLIC ACCOUNTS – HOUSING SUBSIDIES TO MUNICIPAL EMPLOYEES AND ADMINISTRATION OF LOW-COST HOUSING BY CERTAIN PROVINCIAL HOUSING DEPARTMENTS CONSIDERATION OF TWENTY-EIGHTH REPORT OF STANDING COMMITTEE ON PUBLIC ACCOUNTS – INDEPENDENT COMPLAINTS DIRECTORATE (ICD) CONSIDERATION OF TWENTY-NINTH REPORT OF STANDING COMMITTEE ON PUBLIC ACCOUNTS – INKANKALA WATER BOARD CONSIDERATION OF THIRTIETH REPORT OF STANDING COMMITTEE ON PUBLIC ACCOUNTS – MAGALIES WATER BOARD CONSIDERATION OF THIRTY-FIRST REPORT OF STANDING COMMITTEE ON PUBLIC ACCOUNTS – NAMAKWA WATER BOARD 18 NOVEMBER 2008 Page 169 of 292 CONSIDERATION OF THIRTY-SECOND REPORT OF STANDING COMMITTEE ON PUBLIC ACCOUNTS – BUSHBUCKRIDGE WATER BOARD CONSIDERATION OF THIRTY-THIRD REPORT OF STANDING COMMITTEE ON PUBLIC ACCOUNTS – CONSTRUCTION EDUCATION AND TRAINING AUTHORITY CONSIDERATION OF THIRTY-FOURTH REPORT OF STANDING COMMITTEE ON PUBLIC ACCOUNTS – DEPARTMENT OF HEALTH AND WELFARE SECTOR EDUCATION AND TRAINING AUTHORITY (HWSETA) CONSIDERATION OF THIRTY-FIFTH REPORT OF STANDING COMMITTEE ON PUBLIC ACCOUNTS – LOCAL GOVERNMENT SECTOR EDUCATION AND TRAINING AUTHORITY Mr N T GODI: Thank you very much, Chairperson. As you indicated, the nine reports that we are tabling relate to the Auditor-General’s report on housing subsidies to municipal employees and administration of low-cost housing projects by certain provincial departments. The report deals with the challenges that we identified as well as the recommendations that we have made to improve and ensure 18 NOVEMBER 2008 Page 170 of 292 that this kind of maladministration, blended with corrupt practices, does not re-occur. The second report is the annual report of the Independent Complaints Directorate, which is a qualified audit. The major issues of concern relate to weakness in internal controls and a lack of monitoring, which is a product of a high vacancy rate, including the fact that that entity does not have a permanent head or director. And, I think this is the third year. The other four reports relate to the Water Boards such as the Inkangala, Magalies, Namakwa and Bushbuckridge water boards, who have all received qualified audits. If one looks at the challenges that face these entities which perform a very important and critical role in the rural areas, one finds that they are similar. There is a lack of audit committees or internal audit, a lack of segregation of duties, a lack of fraud prevention plans, and general weakness in the internal control processes. We are calling on the Department of Water Affairs and Forestry to heavily intervene to ensure that these institutions are sufficiently capacitated to discharge their responsibilities to our people. 18 NOVEMBER 2008 Page 171 of 292 The last three reports are the reports of the Setas. We have the Construction and Education and Training Authority, which for quite some time has not been showing any signs of improvement, as a disclaimer. There are serious control weaknesses and skills shortages. We have questioned why the Minister has not yet intervened because it appeared that things were merely moving from bad to worse with no prospect of improvement. And if one looks at the current public small parcel explosive detection system, Speds, amongst the various stakeholders it does indicate a Seta that is experiencing serious problems. The same thing applies to the Health and Welfare Seta. It also had a disclaimer of audit opinion indicating a complete breakdown in the state of affairs. The last one is the Local Government Seta, which has a qualified audit opinion. But, if one looks at the reports of these three Setas there are basically the same challenges. They are governance issues; lack of internal controls and proper monitoring systems. I am convinced, as hon members and comrades will have seen in the reports, that we as a committee have made firm 18 NOVEMBER 2008 Page 172 of 292 proposals in terms of what needs to be done. It remains for our colleagues in the Portfolio Committee on Labour to assist us in terms of the inner monitoring of the challenges that are there, as well as the executive. Some of these administrative challenges persist to a point where they certainly become political challenges where the executive needs to intervene to ensure that corrective measures are taken, especially as recommended by Parliament. I thank you. [Applause.] Mr T R MOFOKENG: Thank you, Chairperson. I think the chairperson covered enough when he spoke about qualifications, be they adverse, disclaimers or qualified audits. Those are the normal terms which are used in transactions of books – when you qualify books. On qualifications, when people get qualified they should not think that they are qualified to be promoted. They are qualified to be dismissed. [Laughter.] Disclaimer means that there was no talk – the CEO could not even know whether he was coming or going. Therefore the opinion from the auditors has to be a disclaimer. It is in such thing that when he gives emphasis of matter it shows problems. Let me express myself on the reports of 18 NOVEMBER 2008 Page 173 of 292 provincial housing departments and the Independent Complaints Directorate. Chairperson, when the representatives of our people met at Kliptown in 1955, to chart together a vision of our country as expressed in the Freedom Charter, they included a clause that says: “There shall be houses, security and comfort!” They went further to say: “All people shall have the right to live where they choose, be decently housed, and to bring up their families in comfort and security.” Section 26 of the Constitution states that: “Everyone has the right to have access to adequate housing.” The state must ensure the progressive realisation of this right. According to the Department of Housing, over 2,3 million houses have been constructed under the government housing subsidy scheme, from April 1994 to March 2007. Whilst this has gone some way towards fulfilling the aims of both the Freedom Charter and our country’s Constitution, we have to admit that more still needs to be done. It is our duty as Scopa to ensure effective monitoring of those tasked with realising the noble aspirations of our 18 NOVEMBER 2008 Page 174 of 292 people. Additionally, we should always remember that the financial reports that we analyse affect human beings. Building defects were identified in 737 of the 970 houses inspected by the audit team. The defects included, amongst others, the following: walls and foundations were severely cracked; gaps between the outside walls and the roofs; roofs of houses were leaking; general basic services were either not installed or not connected to the bulk supply. So, this confuses us, and we don’t know whether there are any inspectors. Really, if you undertake quality control and go to inspect, you then ask yourself, how is it that a house that was not even built more than two years ago, starts cracking? These are the problems that we seem to be facing. When the audit was conducted, the following provinces were covered: Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga and the Western Cape. The criteria which need to be met for eligibility include marital status, residency, age, monthly household income, whether previous benefits have been received from government funds, or whether it is 18 NOVEMBER 2008 Page 175 of 292 a first-time property owner. Those are some of the things that are needed. With regard to the Independent Complaints Directorate, for the 2006-07 financial year, a qualified audit opinion was expressed by the Auditor-General on the financial statements of the ICD. Before elaborating on the details of the audit report, it is important that we remind ourselves of the crucial responsibility that has been entrusted to the ICD. Section 53(2) of the South African Police Act stipulates that the Independent Complaints Directorate may, upon receipt of a complaint, investigate any misconduct or offence allegedly committed by a member; investigate any death in police custody or as a result of police action; and may investigate any matter referred to the directorate by the Minister or a member of the executive council. It is disappointing, therefore, that the ICD did not have a full staff complement, whilst it had to deal with an increase in complaints. The Auditor-General reported that out of 535 approved positions only 231 had been filled in the 2006-07 financial year. Due to critical management 18 NOVEMBER 2008 Page 176 of 292 positions being vacant, policies and procedures were not properly monitored to detect and prevent noncompliance. This can only negatively affect the work of the ICD, and unduly prejudice those the directorate is meant to serve. The Standing Committee on Public Accounts therefore recommends that the accounting officer reassesses the organisational structure, and requests more funding from National Treasury, if needed, to ensure that the entity delivers on its mandate. Secondly, the Auditor-General reported the following shortcomings with regard to fixed assets: The valuation of assets amounting to R29 319 000, including adjustments of R7 093 000, could not be verified due to inadequate documentation. Assets were not always bar-coded, and assets valued less than R5 000 are not supposed to be included in the register according to the regulations of the auditors and the Treasury. The committee recommends that the accounting officer ensures that an appropriate document management system is implemented to control all source documentation and ensure that accurate reconciliation is done; that assets are recorded and bar-coded; and that there is compliance with 18 NOVEMBER 2008 Page 177 of 292 the National Treasury prescript which requires that assets with a value of less than R5 000 should not be listed as capital assets in the financial statements. Thirdly, the following control weaknesses were identified with regard to leave benefits: Leave forms were not properly filled in, resulting in them not being properly captured on PERSAL; leave forms were not always completed and approved before staff went on leave. Hon members, I think this is a problem that we are having in most of the departments. You find that a CEO is suspended for almost two years with no case going on, and in certain departments there would be an acting CEO – for the whole two years. The first CEO is suspended with full pay. Now, this is unbecoming behaviour. If somebody goes for two years and gets fully paid while suspended with no hearing, then one is surprised as to what is really going on. That is why I say, let us try to be serious and assist each other. I appeal to the Ministers and their Deputy Ministers – Scopa has more than 35 Ministers. It is the only 18 NOVEMBER 2008 Page 178 of 292 committee that has so many Ministers, but none of these 35 Ministers have attended Scopa’s meeting. They have never been in a study group of Scopa. So, I have now come to the level of a Whip in exposing the Ministers in this House. Because where we are supposed to discuss these, in the study group, they are not there. Now, where should we plan and discuss these things? You really cannot pump out money and then just leave. I am talking here about R29 319 000, which I am now proposing that this House accept as a loss, and forget about the R29 million which got lost. This is what we have always said. Today we are proposing and putting forward that hon members should accept the loss of R29 319 000 to go down the drain and accept this report. Therefore, the report should be accepted with such a loss of an amount, and it’s not for the first time. Thank you. Mr J J M STEPHENS: Chairperson, I must immediately thank the hon Mofokeng for what he said here today, because he has underlined an extremely important point about Minister’s non-attendance at Scopa. The DA has asked for that to happen a number of times, yet it never did. We are 18 NOVEMBER 2008 Page 179 of 292 extremely happy that such a view is now also being supported from the ANC benches. It would be a marvellous development if on each occasion that we call departments to the committee we would have both the departments and the Ministers present. The Committee on Public Accounts called four water boards to appear before it to deal with the findings of the Auditor-General regarding their finances. It is deeply disturbing to note the complete inability of these boards to function at acceptable standards. The Magalies Water Board, for example, is one of the biggest of its kind in the country. Yet it lacks properly developed policies and procedures to comply with generally accepted practices and applicable legislation. It must be stressed that no acceptable explanation could be put forward by the board’s representatives at the meeting for the lack of, for example, an operational audit section. It must be said that it was still better than other boards, such as the Inkankala and Namakwa Water Boards, which both totally lacked an audit committee, and the Bushbuckridge 18 NOVEMBER 2008 Page 180 of 292 Water Board, which, despite having such a committee, at least nominally, had no internal audit done at all during the previous year. In all cases the committee’s report now before Parliament demanded a progress report within 60 days of the adoption of the report by this House. These results are illustrating the importance of the oversight work that Parliament does through its Committee on Public Accounts. I am so glad that the hon Minister of Finance also raised the whole question of oversight. But therein lies a concern, because Scopa does not have the ability to deal fully and effectively with all the followup reports and investigations that would be required to complete the job. On a previous occasion in this House, I have requested that portfolio committees should follow-up on the work done by Scopa. I know that some of them did, but they were unfortunately a minority. It would not be an overstatement to suggest that the oversight work done by Scopa was the most important work of Parliament as far as oversight was concerned. The AuditorGeneral’s work would all be in vain, were it not for the 18 NOVEMBER 2008 Page 181 of 292 fact that Parliament, through Scopa, takes up his findings and holds the departments and entities to account. This work was absolutely essential for the effective functioning of the nation as a delivery vehicle for the people. It was not a luxury but a necessity. The work was essential and must carry on despite whatever else was happening. This is why we are perturbed by the present state of affairs, as was pointed out by my colleague hon Trent in his member’s statement. Scopa’s work must be continued, despite an impending election. The affairs and the best interests of the nation cannot be deserted and abandoned because members have to get themselves re-elected. We have been entrusted to look after the affairs of our people. The trust is sacrosanct - we dare not violate it. The seriousness of the challenge faced by our democracy is illustrated by the fact that for the 2007-08 year, the Auditor-General gave only five departments clean audit reports. Nine departments received qualified reports and had had them for six consecutive years. About 11 others had emphasis of matter and other matters cluttering their 18 NOVEMBER 2008 Page 182 of 292 reports - one department of state and one entity received total disclaimers of opinion. It is true that elections are important. They are important for democracy to function. But nothing, not even elections, could be allowed to cause a discontinuation of good governance. Both are essential for a successful democracy. I would appeal to Madam Speaker and to all the Whips of all the parties in Parliament, to arrange matters in such a way that it never happens again that Scopa’s work gets interrupted and discontinued as in the present case. The work that is not done now could not be done later. What is not done this year is not going to be done at all, because after the elections the new financial year will be upon us. I thank you. [Time expired.] [Applause.] Mr H J BEKKER: Chairperson, the Report of the Standing Committee on Public Accounts before us for consideration today highlights some of the weaknesses of the institutions that are meant to be working for the people of South Africa in the improvement of their lives. A common theme among the 18 NOVEMBER 2008 Page 183 of 292 reports of the various water boards considered, was the inadequacy with regard to internal audit controls. In most instances, there were no audit committees in place and no internal audits were performed in the year under review. However, realities should also be faced considering Namaqualand, for instance, where enormous distances of water pipelines are supposed to be maintained, but where there are very few customers or consumers, because of the sparsely populated area. The Department of Water Affairs should, in this case, give more money to them. The audit of the six provincial housing departments, which focused on municipal employees who should not have received a subsidy or who should have received a reduced subsidy, identified some very worrying shortcomings with regard to the administration of subsidy applications, as well as the administration of housing projects. Some of these include: Municipal employees submitting outdated and misrepresented information on their subsidy applications. Here we are talking of outright fraud and self-enrichment. Why are these employees not fired? There is no way in which you could be tolerant of that. This government is too tolerant of fraud. Regarding the inadequate management measures for 18 NOVEMBER 2008 Page 184 of 292 the safekeeping of completed application forms, or the fact that these have not been kept in safe custody, was this done on purpose to conceal fraud or mismanagement? I am asked that question. The reply we got from the Director-General was that there was a lack of capacity. Imagine the capacity that is needed by the person who is doing the filing. If the person is taught for one week, he or she would know how to file. The ownership of houses has not been transferred to the beneficiaries, although payments have been made to developers. Building defects in respect of 737 of 970 houses inspected imply that 75% of the houses turned out by the Department of Housing are defective. We are not going to tolerate that. The correctness of payment made to developers could not always be verified as the departments could not provide supporting documents indicating payments for construction of houses. Had there been colluding between the tenderers and the municipal employees, considering that so many people have fought so hard and waited for so long for houses, and that some were even forced to live in makeshift houses in bad 18 NOVEMBER 2008 Page 185 of 292 condition, that is simply unacceptable. I thank you. [Time expired.] [Applause.] Ms S RAJBALLY: Chairperson, in report 27 great concerns are expressed over the affairs of the Department of Housing, which the MF wants to address in the light of the recommendations made by the Standing Committee on Public Accounts, Scopa, and monitored by them. Report 28 has made it clear that the Independent Complaints Directorate, ICD, needs to address the shortfall in vacancies and leadership. Further, the policy concerns expressed in report 30 on the Magalies Water Board need to be given serious consideration, and similarly the management of the Namakwa Water Board in report 31 needs attention so that they may realise their mandate. Report 32 seems to have picked up a similar loophole in Bushbuckridge Water Board regarding which the MF express the same sentiments. Recommendations made by Scopa on the remaining reports, equally, require earnest attention. 18 NOVEMBER 2008 Page 186 of 292 The MF reiterates the importance for us to govern the system of transparency, to encourage accountability, and Scopa is the leading drive force in ensuring that this is upheld in the area of public accounts. Thank you, Chairperson. Mr D M GUMEDE: Chairperson and hon members, on the occasion of the 10th Anniversary of the Association of Public Accounts Committees, the former Speaker of the National Assembly, Dr Frene Ginwala, said: The struggle against apartheid was not simply about the right to vote, important as it is. It was also about a new kind of society, about new values which we have embodied in our Constitution; values such as equality, nonsexism, accountability, responsiveness, openness, transparency and a just administration. These values are the basis for our governance and the context within which we view our country’s government and its entities. Having said that, I shall start with the Inkangala Water Board – and I shall deal with Orders numbers 9 to 15 on the 18 NOVEMBER 2008 Page 187 of 292 Order Paper. In this entity, there was no audit committee, there was no internal audit and there was noncompliance with the Water Services Act - they had a qualified report as a result. The committee recommends that they have to correct this within 60 days and report back. The next entity was the Magalies Water Board, which also has a qualified audit opinion for the 2006-07 financial year. They have no internal audit, they lack all controls, and a fraud prevention plan was developed and not implemented. The annual report went on to say that transactions had no supporting documentation and there was a lack of appropriate policies and procedures. The committee recommended that the internal audit section should be fully operational. Monitoring controls should be put in place and reconciliations should be made. The Standing Committee on Public Accounts requested that progress reports be sent to Parliament within 30 days. That is a progress report. For the Namakwa Water Board, problems were of a similar nature and they did not have a Chief Executive Officer, 18 NOVEMBER 2008 Page 188 of 292 CEO, as well. They were also required to report on their progress within 60 days. The Bushbuckridge Water Board had the same problems but, on top of that, the municipalities that were served by the Bushbuckridge Water Board owed the board a large amount. The board had to recover R644 651 million that was irregularly paid in the 2003-04 financial year, and they had inefficient recording keeping. The committee has recommended that this be corrected and a progress report be sent to Parliament within 60 days of the consideration of that report by Parliament. We request that management should enforce the relevant laws and regulations. What has to be clear to all of us is that if there are no controls, then there are leakages like theft, fraud and waste, which in turn lead to less delivery; and in these instances it will eventually mean that the communities supplied by these water boards may eventually have no water. Let us remember that where there is pure water there is life and where water is contaminated it can be deadly. And this depends on how we exercise our controls. 18 NOVEMBER 2008 Page 189 of 292 We have experienced and survived Eskom blackouts, and they were bad. The same experience with water will surely be more devastating, if not deadly. Focusing on the Skills, Education and Training Authorities, Setas, under the Department of Labour, which are listed as Orders number 13, 14 and 15 in our Order Paper, we start with the Construction Education and Training Authority and continue up to the Local Government Sector Education and Training Authority, which is number 15. The problems in the Setas include a lack of leadership; that is, they have periods of time without a CEO, and some of them without Chief Financial Officers, CFOs, which then causes a lack of leadership. Over and above this, these entities were found to be lacking in capacity and also lacking in skills, which resulted in poor governance and which has also resulted in the irregular awarding of tenders worth R14 million, among others. This resulted from ineffective internal auditing and their audit committees were less effective and furthermore irregular in the issuing of tenders, and a disregard for applicable laws was experienced in these 18 NOVEMBER 2008 Page 190 of 292 departments as a result of a lack of leadership, a lack of capacity, a lack of skills and noncompliance with regulations. The committee requests support from the relevant portfolio committees and Parliament. In conclusion, let me quote John Rohn. To be successful you don’t have to do extraordinary things. Just do ordinary things extraordinarily well. The Public Finance Management Act, PFMA, and the laws of our motherland do not require extraordinary effort or extraordinary intelligence. They do not require extraordinary expertise that is not there. They simply ask of us to do what we can, and to do it as we ought to. This will make us realise the dreams of our forebears at Kliptown when they adopted the Freedom Charter. Looking at the performance of a number of departments and the number of public entities of which the majority where not qualified, not well-managed and not well-governed, that journey was a dream begun by the Freedom Charter. We, 18 NOVEMBER 2008 Page 191 of 292 indeed, shall get it right. Thank you very much, hon Chairperson. The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move: That the reports be adopted. Motion agreed to. Reports accordingly adopted. The House adjourned at 18:24. __________ ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS FRIDAY, 24 OCTOBER 2008 ANNOUNCEMENTS National Assembly The Speaker 18 NOVEMBER 2008 Page 192 of 292 1. Membership of Committees (a) Ms. M J J Matsomela has been elected as Chairperson of the Portfolio Committee on Public Service and Administration with effect from 24 October 2008. COMMITTEE REPORTS National Assembly 1. Report of the Portfolio Committee on Science and Technology on the Intellectual Property Rights Bill from Publicly Financed Research and Development Bill [B46B – 2008], (National Assemby – sec 75), dated 24 October 2008. The Portfolio Committee on Science and Technology, having considered the Intellectual Property Rights from Publicly Financed Research and Development Bill [B 46B – 2008], (National Assembly – sec 75), and the amendments proposed by the National Council of Provinces (Announcements, Tablings and Committee Reports, 04 September 2008, p 1668 - 1669), referred to the Committee, reports the Bill with amendments [B46C – 2008]. FRIDAY, 31 OCTOBER 2008 18 NOVEMBER 2008 Page 193 of 292 ANNOUNCEMENTS National Assembly and National Council of Provinces The Speaker and the Chairperson 1. Assent by President in respect of Bills (1) Judicial Service Commission Amendment Bill [B 50B – 2007] – Act No 20 of 2008 (assented to and signed by President on 22 October 2008). (2) Air Services Licensing Amendment Bill [B 25B – 2008] – Act No 21 of 2008 (assented to and signed by President on 22 October 2008). TABLINGS National Assembly and National Council of Provinces 1. The Minister of Finance (a) Report and Financial Statements of the Government Employees Pension Fund (GEPF) for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008 [RP 148-2008]. 18 NOVEMBER 2008 Page 194 of 292 (b) Report and Financial Statements of the Reconstruction and Development Programme Fund for 2007-2008, including the Report of the Auditor-General on the Financial Statements for 2007-2008 [RP 269-2008]. (c) National Treasury – Consolidated Financial Information for the year ended 31 March 2008 [RP 268-2008]. (d) Draft Regulations issued under Section 75B of the Income Tax Act, 1962 (Act No 58 of 1962) prescribing administrative penalties in respect of noncompliance. 2. The Minister of Communications (a) Report and Financial Statements of the Independent Communications Authority of South Africa for 2007-2008, including the Report of the AuditorGeneral on the Financial Statements and Performance Information for 20072008 [RP 239-2008]. 3. The Minister of Environmental Affairs and Tourism (a) Government Notice No 949 published in Government Gazette No 31380 dated 5 September 2008: Declaration of intention to propose extensions to and exclusions from, and a buffer zone for the fossil hominid sites of Sterkfontein, 18 NOVEMBER 2008 Page 195 of 292 Swartkrans, Kromdraai and the environs (Cradle of Humankind), in term of the National Environmental Management: Protected Areas Act, 2003 (Act No 57 of 2003). (b) General Notice No 1138 published in Government Gazette No 31415 dated 15 September 2008: Second Edition Environmental Implementation and Management Plan (EIMP) – March 2008. (c) Government Notice No 1054 published in Government Gazette No 31461 dated 3 October 2008: Declaration of Land to be part of Augrabies Falls National Park, in terms of the National Environmental Management: Protected Areas Act, 2003 (Act No 57 of 2003). (d) Government Notice No 1055 published in Government Gazette No 31461 dated 3 October 2008: Declaration of Land to be part of Agulhas National Park, in terms of the National Environmental Management: Protected Areas Act, 2003 (Act No 57 of 2003). (e) Government Notice No 1056 published in Government Gazette No 31461 dated 3 October 2008: Declaration of Land to be part of Mapungubwe National Park, in terms of the National Environmental Management: Protected Areas Act, 2003 (Act No 57 of 2003). 18 NOVEMBER 2008 (f) Page 196 of 292 Government Notice No 1057 published in Government Gazette No 31461 dated 3 October 2008: Declaration of Land to be part of Namaqua National Park, in terms of the National Environmental Management: Protected Areas Act, 2003 (Act No 57 of 2003). (g) Government Notice No 1058 published in Government Gazette No 31461 dated 3 October 2008: Declaration of Land to be part of Marakele National Park, in terms of the National Environmental Management: Protected Areas Act, 2003 (Act No 57 of 2003). (h) General Notice No 1264 published in Government Gazette No 31495 dated 6 October 2008: Submission of names of persons fit to be appointed to serve as members of the South African Tourism Board, in terms of the Tourism Act, 1993 (Act No 72 of 1993). (i) Government Notice No 1108 published in Government Gazette No 31516 dated 17 October 2008: Regulations on the Stilbaai Marine Protected Area, in terms of the Marine Living Resources Act, 1998 (Act No 18 of 1998). (j) Government Notice No 1109 published in Government Gazette No 31517 dated 17 October 2008: Notice declaring the Stilbaai Marine Protected Area under section 43 to be a marine protected area, in terms of the Marine Living Resources Act, 1998 (Act No 18 of 1998). 18 NOVEMBER 2008 (k) Page 197 of 292 Government Notice No 1110 published in Government Gazette No 31517 dated 17 October 2008: Draft notice of fees payable in respect of applications for, and the issuing or granting of rights, permits and licences, in terms of section 25 of the Marine Living Resources Act, 1998 (Act No 18 of 1998) for recreational scuba diving in the Maputaland and St Lucia Marine Protected Areas; and in the Stilbaai and proposed Border Region Marine Protected Area upon declaration. 4. The Minister of Trade and Industry (a) Government Notice No 732 published in Government Gazette No 31226 dated 4 July 2008: Guidelines for the sub-programme Enterprise Investment Programme (Manufacturing Investment Programme). (b) Government Notice No 733 published in Government Gazette No 31226 dated 4 July 2008: Guidelines for the sub-programme Enterprise Investment Programme (Tourism Support Programme). (c) Government Notice No 758 published in Government Gazette No 31232 dated 18 July 2008: Accounting Officer – profession whose members qualify in terms of section 60: Chartered Institute of Business Management, in terms of the Close Corporation Act, 1984 (Act No 69 of 1984). 18 NOVEMBER 2008 (d) Page 198 of 292 Government Notice No 772 published in Government Gazette No 31247 dated 18 July 2008: Incorporation of an external company as a company in the Republic of South Africa: Rocsi Holdings (Pty) Ltd, in terms of the Companies Act, 1973 (Act No 61 of 1973). (e) Government Notice No 836 published in Government Gazette No 31301 dated 8 August 2008: Standards matters, in terms of Standards Act, 1993 (Act No 29 of 1993). (f) Government Notice No 924 published in Government Gazette No 31371 dated 29 August 2008: Media, Advertising and Communication M (MAC) Sector Charter on Black Economic Empowerment, in terms of Broad-Based Black Economic Empowerment Act, 2003 (Act No 53 of 2003). (g) Government Notice No 957 published in Government Gazette No 31402 dated 5 September 2008: Incorporation of an external company as a company in the Republic of South Africa: HIS (PTY) LTD, in terms of Companies Act, 1973 (Act No 61 of 1973). (h) Government Notice No 66 published in Government Gazette No 31443 dated 26 September 2008: Standards matters, in terms of Standards Act, 1993 (Act No 29 of 1993). 18 NOVEMBER 2008 5. Page 199 of 292 The Minister of Water Affairs and Forestry (a) Report and Financial Statements of Inkomati Catchment Management Agency for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008 [RP 138-2008]. National Assembly 1. The Speaker (a) Letter from the Minister of Arts and Culture dated 29 October 2008, to the Speaker of the National Assembly explaining the delay in the tabling of the Annual Reports of the Arts, Culture and Heritage Institutions for 2007-2008. In terms of section 65(1)(a) of the above-mentioned Act the Annual Reports and Financial Statements, and the Audit Reports on those Statements of the Arts, Culture and Heritage Institutions listed below were tabled late or have not been tabled. National Arts Council (NAC) The Audit for 2007/08 was completed timeously and the Audit Report submitted to the NAC Council by 31 July 2008. 18 NOVEMBER 2008 Page 200 of 292 The Draft Annual Report was subsequently completed but due to a misunderstanding in respect of the timeframes allowed for the completion of the Report, the Foreword by the new Chairperson of Council was received late. This delayed the printing process and the Annual Report only forwarded to the Department in late September 2008 and was tabled in Parliament on 10 October 2008. Robben Island Museum The RIM Council suspended three senior employees in January 2008 including the CEO and CFO pending the outcome of a forensic investigation into possible mismanagement of the institution. Consequently the Audit was delayed and the Audit report for 2007/08 only issued on 26 September 2008. In the light of the above-mentioned situation RIM has not been in a position to submit their Annual Report for 2007/08 for tabling in Parliament. Yours sincerely 18 NOVEMBER 2008 Page 201 of 292 signed Z PALLO JORDAN MINISTER (b) Letter from the Minister of Communications dated 28 October 2008, to the Speaker of the National Assembly explaining the delay in the tabling of the Annual Reports of the Independent Complaints Directorate (ICASA) for 2007-2008. In terms of section 65 of the Public Finance Management Act of 1999 as amended, I hereby table the ICASA 2007/2008 Annual Report. I wish to apologise for the late tabling of the ICASA 2007/08 Annual Report. The reason for the delay was due to unforeseen internal procurement processes within ICASA. This further impacted on the delay in the printing of the annual report. Yours sincerely signed IVY MATSEPE-CASABURRI, MP MINISTER 18 NOVEMBER 2008 Page 202 of 292 MONDAY, 3 NOVEMBER 2008 ANNOUNCEMENTS National Assembly and National Council of Provinces The Speaker and the Chairperson 1. Withdrawal of Bills The Minister for Intelligence Services withdrew the following Bills on 30 October 2008: (1) Protection of Information Bill [B 28 - 2008] (National Assembly - sec 75). (2) Intelligence Services Amendment Bill [B 37 - 2008] (National Assembly sec 75). (3) National Strategic Intelligence Amendment Bill [B 38 – 2008] (National Assembly - sec 75). TABLINGS 18 NOVEMBER 2008 Page 203 of 292 National Assembly The Speaker 1. Submission of Private Member's Legislative Proposals The following private member's legislative proposals were submitted to the Speaker on 16 October 2008 in accordance with Rule 234: (a) Legislative proposal on the establishment of a feed-in tariff to finance the use of renewable energy (Dr R Rabinowitz) (b) Legislative proposal on outlawing the use of transfats in food prepared for sale to the public (Dr R Rabinowitz) Referred to the Committee on Private Members’ Legislative Proposals and Special Petitions for consideration and report. COMMITTEE REPORTS National Assembly and National Council of Provinces 18 NOVEMBER 2008 1. Page 204 of 292 Report of the Mediation Committee on the Mandating Procedures of Provinces Bill [B8B – 2007] and [B8D – 2007] (National Council of Provinces – sec 76(2)), dated 22 October 2008: The Mediation Committee, having considered the Mandating Procedures of Provinces Bill [B8B – 2007] and [B8D – 2007] (National Council of Provinces – sec 76(2)), as well as the papers referred to it, reports that it has agreed to a new version of the Bill [B8F – 2007]. WEDNESDAY, 5 NOVEMBER 2008 ANNOUNCEMENTS National Assembly and National Council of Provinces The Speaker and the Chairperson 1. Assent by President in respect of Bills (1) Social Housing Bill [B 29D – 2007] – Act No 16 of 2008 (assented to and signed by President on 1 November 2008). 18 NOVEMBER 2008 Page 205 of 292 (2) Insurance Laws Amendment Bill [B 26B – 2008] – Act No 27 of 2008 (assented to and signed by President on 1 November 2008). (3) Jurisdiction of Regional Courts Amendment Bill [B 48D – 2007] – Act No 31 of 2008 (assented to and signed by President on 1 November 2008). National Assembly The Speaker 1. Membership of Assembly (a) The vacancy which occurred in the National Assembly owing to the resignation of Mr T D H Ramphele with effect from 1 October 2006, has been filled with effect from 31 October 2008 by the nomination of Ms T M A Gasebonwe. (b) The vacancy which occurred in the National Assembly owing to the resignation of Ms P G Mlambo-Ngcuka with effect from 25 September 2008, has been filled with effect from 31 October 2008 by the nomination of Ms A C Mashishi. (c) The vacancy which occurred in the National Assembly owing to the resignation of Mr E G Pahad with effect from 25 September 2008, has been filled with effect from 31 October 2008 by the nomination of Ms S B Moiloa-Nqodi. 18 NOVEMBER 2008 Page 206 of 292 (d) The vacancy which occurred in the National Assembly owing to the resignation of Mr R Kasrils with effect from 25 September 2008, has been filled with effect from 31 October 2008 by the nomination of Mr F C Fankomo. (e) The vacancy which occurred in the National Assembly owing to the resignation of Mr F S Mufamadi with effect from 25 September 2008, has been filled with effect from 31 October 2008 by the nomination of Ms F J Wright. TABLINGS National Assembly and National Council of Provinces 1. The Minister of Finance (a) Proclamation No 42 published in Government Gazette No 31525 dated 20 October 2008: Commencement of the Diamond Export Levy Act, 2007 (Act No 15 of 2007) and section 21 of the Diamond Export Levy (Administration) Act, 2007 (Act No 14 of 2007). (b) Government Notice No R1140 published in Government Gazette No 31529 dated 23 October 2008: Amendment of Schedule No 1 (No 1/1/1365), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964). 18 NOVEMBER 2008 2. Page 207 of 292 The Minister of Trade and Industry (a) Government Notice No 1021 published in Government Gazette No 31443 dated 26 September 2008: Standards matters, in terms of the Standards Act, 1993 (Act No 29 of 1993). Please Note: The above item replaces item 4(h) under Tablings of the Announcements, Tablings and Committee Reports of 31 October 2008, as published on page 2031. 3. The Minister of Minerals and Energy (a) Report of the Mine Health and Safety Inspectorate for 2007-2008 [RP 2612008]. National Assembly 1. The Speaker (a) Letter from the Minister of Water Affairs and Forestry, dated 29 October 2008, to the Speaker of the National Assembly, in terms of section 65(2)(a) of the Public Finance Management Act, 1999 (Act No 1 of 1999), explaining the 18 NOVEMBER 2008 Page 208 of 292 delay in the tabling of the Annual Report of the Inkomati Catchment Management Agency for 2007-2008. TABLING OF ANNUAL REPORT: INKOMATI CATCHMENT MANAGEMENT AGENCY 2007/8 In terms of section 55(1)(d) of the Public Finance Management Act, 1999 (Act No 1 of 1999) [the Act], public entities must submit within five months of the end of their financial year their Annual Report and Financial Statements to the Executive Authority (in this case the Minister of Water Affairs and Forestry), for scrutiny. Within one month after receipt of the report and financial statements it must be submitted for tabling in Parliament in terms of section 65(1)(a) of the Act. The Inkomati Board submitted 500 Copies of the Annual Report and Financial Statements within the prescribed period however; these copies were delivered to an official of the Department who has subsequently left the Department, resulting in the late approval process for the tabling. This is the first catchment management agency established and protocols and communication lines are still not ideal. These issues are being urgently addressed by the Department. 18 NOVEMBER 2008 Page 209 of 292 In terms of section 65(2)(a) of the mentioned Act, the Minister must, upon failure to table the Annual Report and Financial Statements within six months of the end of the financial year, table a written explanation in Parliament to give reasons why the Report was not tabled. I trust that the reason for the delay is clear and in future, the Department will ensure that the catchment management agency will submit on time and follow communication protocols. The Annual Report of Inkomati Catchment Management Agency Water will mow be tabled in Parliament. Yours sincerely signed MRS L B HENDRICKS MP MINISTER OF WATER AFFAIRS AND FORESTRY THURSDAY, 7 NOVEMBER 2008 TABLINGS National Assembly 1. The Speaker 18 NOVEMBER 2008 Page 210 of 292 (1) Submission of Private Member's Legislative Proposals The following private member's legislative proposals were submitted to the Speaker on 20 June 2008 in accordance with Rule 234: (a) Legislative proposal to repeal the Diocesan College Council, Rondebosch Act, No 11 of 1891 (Cape of Good Hope) (P A Gerber) (b) Legislative proposal to repeal the Natal Ecclesiastical Properties and Trust Act, No 9 of 1910 (Natal) (P A Gerber) Referred to the Committee on Private Members’ Legislative Proposals and Special Petitions. (2) Papers tabled (a) Report and Financial Statements of the Special Investigating Unit (SIU) for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 214-2008]. 18 NOVEMBER 2008 (b) Page 211 of 292 Letter from the Minister of Housing dated 30 September 2008, to the Speaker of the National Assembly explaining the delay in the tabling of the Annual Reports of Thubelisha Homes for 2007-2008. NON-COMPLIANCE WITH SECTION 55(d) OF THE PUBLIC FINANCE MANAGEMENT ACT (PFMA) WITH REGARD TO THE ANNUAL REPORT OF THUBELISHA Please find enclosed copy of a self-explanatory letter received from the Accounting Officer of Thubelisha, which serves to inform you of the non compliance with section 55(d) of the Public Finance Management Act 1 of 1999 (PFMA) by Thubelisha, a public entity under the control of the Department of Housing, for your noting. The Accounting Officer is confirming that the Annual Report of Thubelisha ca not be tabled before 30 September 2008 due to the noncompletion of its audit. Yours sincerely L N Sisulu, MP Minister of Housing TUESDAY, 11 NOVEMBER 2008 18 NOVEMBER 2008 Page 212 of 292 ANNOUNCEMENTS National Assembly and National Council of Provinces The Speaker and the Chairperson 1. Bills passed by Houses – to be submitted to President for assent (1) Bills passed by National Council of Provinces on 11 November 2008: (a) Consumer Protection Bill [B 19D – 2008] (National Council of Provinces – sec 76(2)). (b) National Conventional Arms Control Amendment Bill [B 45B – 2008] (National Assembly – sec 75). (c) Higher Education Amendment Bill [B 34 – 2008] (National Assembly – sec 75). National Assembly The Speaker 18 NOVEMBER 2008 1. Page 213 of 292 Message from National Council of Provinces to National Assembly in respect of Bills passed by Council and returned to Assembly (1) Bills amended by National Council of Provinces and returned for concurrence on 11 November 2008: (a) National Environmental Management Amendment Bill [B 36D – 2007] (National Assembly – sec 76(1)). The Bill has been referred to the Portfolio Committee on Environmental Affairs and Tourism of the National Assembly. (b) National Qualifications Framework Bill [B 33D – 2008] (National Assembly – sec 76(1)). (c) General and Further Education and Training Quality Assurance Amendment Bill [B 35D – 2008] (National Assembly – sec 76(1)). The Bills have been referred to the Portfolio Committee on Education of the National Assembly. 18 NOVEMBER 2008 (2) Page 214 of 292 Bills, subject to proposed amendments, passed by National Council of Provinces on 11 November 2008 and returned for consideration of Council’s proposed amendments: (a) Provision of Land and Assistance Amendment Bill [B 40B – 2008] (National Assembly – sec 75) (for proposed amendments, see Announcements, Tablings and Committee Reports, 22 October 2008, p 1975). The Bill has been referred to the Portfolio Committee on Agriculture and Land Affairs of the National Assembly for a report on the amendments proposed by the Council. (b) Mine Health and Safety Amendment Bill [B 54B – 2008] (National Assembly – sec 75) (for proposed amendments, see Announcements, Tablings and Committee Reports, 24 October 2008, p 2023). (c) National Radioactive Waste Disposal Institute Bill [B 41B – 2008] (National Assembly – sec 75) (introduced as National Radioactive Waste Management Agency Bill [B 41 – 2008] (for proposed amendments, see Announcements, Tablings and Committee Reports, 17 October 2008, p 1921). 18 NOVEMBER 2008 Page 215 of 292 The Bills have been referred to the Portfolio Committee on Minerals and Energy of the National Assembly for a report on the amendments proposed by the Council. COMMITTEE REPORTS National Assembly 1. Twenty-Seventh Report of the Standing Committee on Public Accounts on the report of the Auditor-General on Housing Subsidies to Municipal Employees and the Administration of Low-Cost Housing Projects by certain Provincial Housing Departments, dated 21 October 2008. 1. BACKGROUND On the 31st of March 2008, a transversal performance audit at six provincial housing departments was approved. The audit focused on municipal employees who should not have received a subsidy or who should have received a reduced subsidy as a result of their employment and income status. The following provinces were covered by the audit: Free State Gauteng KwaZulu-Natal 18 NOVEMBER 2008 Limpopo Mpumalanga Western Cape Page 216 of 292 There were a number of criteria which needed to be met for eligibility. Those included aspects such as marital status, residency, age, monthly household income, whether previous benefits had been received from Government funds, and whether it was a first time property owner. The following shortcomings were identified with regard to the administration of subsidy applications: a. municipal employees misrepresented their income on the application forms and supplied outdated information to the provincial housing departments; b. the subsidy application forms were not always provided to the AuditorGeneral as the provincial housing departments did not have adequate management measures which ensured the safe keeping of completed subsidy application forms. The following shortcomings relate to housing projects administration: a. Numerous instances were identified where the ownership of houses was not transferred to the beneficiaries although payments had been made to developers for completing the top structures; 18 NOVEMBER 2008 Page 217 of 292 b. Provincial housing departments could not provide the Auditor-General with all the supporting documentation indicating payments made to developers for the construction of low-cost houses. Therefore, the correctness of payments made to developers could not always be verified; c. Building defects were identified in 737 of the 970 houses inspected by the audit team. The defects included, amongst others: walls and foundations were severely cracked, gaps between the outside walls and the roofs, roofs of houses which were leaking, general basic services were either not installed or not connected to the bulk supply, etc. The Committee recommends that provincial housing departments should introduce improved measures to ensure that: a. applicants submit adequate proof of income and updated payslips; b. applicants submit supporting documentation regarding spouses and dependents; c. affidavits must accompany application forms; d. there is collaboration with municipalities where applicants are employed with a view of instituting disciplinary action against municipal employees who made false affidavits, and legal action should be considered accordingly; e. measures are instituted to ensure the safe keeping of completed subsidy application forms; f. where properties were allocated to individuals who should have been disqualified as a result of their household income, consideration should be 18 NOVEMBER 2008 Page 218 of 292 given to give those properties to qualifying applicants and that forensic investigations into corruption and collusion are conducted; g. contracts with developers include retention and penalty clauses to ensure that contractors will forfeit money for bad workmanship; h. disciplinary actions are taken against inspectors who certified on inspection certificates that top structures had been successfully completed by developers when the general condition of the houses was poor and unsatisfactory; and i. there is integration of their database with that of SARS to verify eligibility through PAYE information. 3. CONCLUSION The Committee expressed its dissatisfaction with the progress made by the Department of Housing to correct deficiencies identified by the special audit. The Committee further requests the National Department of Housing and the provincial housing departments to ensure that corrective measures are implemented to rectify the shortcomings identified. SCOPA should monitor the above recommendations on an ongoing basis and that regular progress reports are submitted to the Committee, the first of which should be six months after the adoption of the report by the National Assembly. Report to be considered. 2. Twenty-Eighth Report of the Standing Committee on Public Accounts on the Annual Report and the Report of the Auditor General on the Financial Statements of the 18 NOVEMBER 2008 Page 219 of 292 Independent Complaints Directorate (ICD) for the year ending 31 March 2007, dated 21 October 2008. The Standing Committee on Public Accounts (SCOPA) heard and considered evidence on the Annual Report and the Report of the Auditor-General on the financial statements of the Independent Complaints Directorate (ICD) for the financial year ending 31 March 2007. For the 2006/07 financial year a qualified audit opinion was expressed by the Auditor-General on the financial statements of the ICD. SCOPA, therefore, requests the Accounting Officer to urgently address the following: 1. Fixed Assets The Auditor-General reported the following shortcomings with regard to fixed assets: a. The valuation of the assets amounting to R29 319 000, including adjustments of R7 093 000 could not be verified due to inadequate documentation; b. assets were not always bar-coded; and c. assets valued less than R5,000 (minor items) which were not supposed to be included in the asset register were included. The Committee recommends that the Accounting Officer ensures that: a. an appropriate document management system is implemented to control all source documentation and ensure that accurate reconciliation is done; 18 NOVEMBER 2008 Page 220 of 292 b. assets are recorded and bar-coded; c. there is compliance with the National Treasury prescript which requires that assets with a value of less than R5000 should not be listed as capital assets in the financial statements. 2. Vacancies The Auditor-General reported that out of 535 approved positions only 231 were funded for in the 2006-07 financial year. Due to critical management positions being vacant, policies and procedures were not properly monitored to detect and prevent noncompliance. The Committee recommends that the Accounting Officer reassesses the organisational structure, and requests more funding from National Treasury to ensure that the entity delivers on its mandate. 3. Leave Benefits The following control weaknesses were identified: a. leave forms were not properly filed, resulting in them not being properly captured on PERSAL; and b. leave forms were not always completed and approved before staff went on leave. The Committee recommends that the Accounting Officer ensures compliance with human resources policies and guidelines. 18 NOVEMBER 2008 Page 221 of 292 4. Conclusion The Committee noted with concern the internal controls as reported by the AuditorGeneral and requests that the issue of leadership and key vacant positions are addressed as a matter of urgency to ensure the efficient operation of the entity. Reports on progress made with regard to issues identified should be forwarded to the Committee within 60 days after the adoption of this report by the National Assembly. Report to be considered. 3. Twenty-Ninth Report of the Standing Committee on Public Accounts on the Annual Report and the Report of the Auditor General on the Financial Statements of the Inkankala Water Board for the financial year ending 31 June 2007, dated 21 October 2008. The Standing Committee on Public Accounts (SCOPA) heard and considered evidence on the Annual Report and the Report of the Auditor General on the financial statements of the Inkankala Water Board for the financial year ending 31 June 2007. For the 2006/07 financial year a qualified audit opinion was expressed by the Auditors on the financial statements of the Board. The Auditors reported the following shortcomings: 18 NOVEMBER 2008 Page 222 of 292 a. there was no audit committee; b. no internal audit was performed during the year under review; c. essential controls such as segregation of duties was not complied with; and d. there was non-compliance with the PFMA and Water Services Act. The Committee recommends that the Accounting Officer urgently ensures that: a. an audit committee and an internal audit section are put in place, and b. there is compliance with relevant rules and regulations. Conclusion The Committee further requests the Department of Water Affairs and Forestry to intervene in ensuring that there is stability within the Board and that an updated report on all problems identified, are forwarded to the Committee within 60 days after the adoption of this report by the National Assembly. Report to be considered. 4. Thirtieth Report of the Standing Committee on Public Accounts on the Annual Report and the Report of the Auditor -General on the financial statements of the Magalies Water Board for the financial year ending 31 June 2007, dated 21 October 2008 18 NOVEMBER 2008 Page 223 of 292 The Standing Committee on Public Accounts (SCOPA) heard and considered evidence on the Annual Report and the Report of the Auditors on the financial statements of the Magalies Water Board for the financial year ending 31 June 2007. For the 2006/07 financial year a qualified audit opinion was expressed by the Auditors on the financial statements of the Board. The Auditor-General reported the following shortcomings: a. an internal audit section was not fully operational; b. monitoring and control within the Board did not function properly; c. a fraud prevention plan was developed but not implemented; and d. due to a lack of approved policies and procedures, transactions were not supported with documentation. The Committee therefore recommends that the Accounting Officer ensures that: a. the internal audit section of the Board is fully operational; b. monitoring controls are put in place, particularly with regard to reconciliations and ensuring that building contracts and projects are managed effectively; and c. a fraud prevention policy is developed, and implemented, and that policies and procedures are approved as a matter of urgency Conclusion 18 NOVEMBER 2008 Page 224 of 292 The Committee noted with concern the state of internal controls in the entity and requests the Board to ensure that policies and procedures are developed, approved and monitored to ensure compliance to applicable regulations. An updated report on the progress regarding the issues raised, must be forwarded to the Committee within 60 days after the adoption of this report by the National Assembly. Report to be considered. 5. Thirty-First Report of the Standing Committee on Public Accounts on the Annual Report and the Report of the Auditor General on the Financial Statements of the Namakwa Water Board for the financial year ending 31 June 2007, dated 21 October 2008. The Standing Committee on Public Accounts (SCOPA) heard and considered evidence on the Annual Report and the Report of the Auditors on the financial statements of the Namakwa Water Board for the financial year ending 31 June 2007. For the 2006/07 financial year an unqualified audit opinion was expressed by the Auditors on the financial statements of the Board. The Auditors reported the following shortcomings: a. there was no audit committee; b. no internal audit was performed during the year under review; c. essential controls such as segregation of duties was not complied with; d. the Board does not have a CEO; and 18 NOVEMBER 2008 e. Page 225 of 292 the Board will not be able to repay the loan from the Development Bank of Southern Africa. The Committee recommends that the Accounting Officer urgently ensures that: a. an Audit Committee and an internal audit section are put in place; and b. staff with suitable skills and experience are appointed. Conclusion The Committee requests that the Department of Water Affairs and Forestry intervene in ensuring stability within the Board so that the Board can realise its mandate. The Committee requests a report on the issues identified to be submitted within 60 days of the adoption of this report by the National Assembly. Report to be considered. 6. Thirty-Second Report of the Standing Committee on Public Accounts on the Annual Report and the Report of the Auditor General on the financial statements of the Bushbuckridge Water Board for the financial year ending 31 June 2007, dated 21 October 2008. The Standing Committee on Public Accounts (SCOPA) heard and considered evidence on the Annual Report and the Report of the Auditors on the financial statements of the Bushbuckridge Water Board for the financial year ending 31 June 2007. 18 NOVEMBER 2008 Page 226 of 292 For the 2006/07 financial year a qualified audit opinion was expressed by the Auditors on the financial statements of the Board. The Auditors reported the following shortcomings: a. no internal audit was performed during the year under review; b. the municipalities were not paying the money owed to the Board; c. forensic investigations concluded that an amount of R644 651 was irregularly paid during the 2003/04 financial year, that amount has still not been recovered; and d. the internal control environment regarding safe keeping of records was inefficient. The Committee recommends that the Accounting Officer urgently ensures that: a. an internal audit section is put in place; b. the Board, with the Department of Water Affairs and Forestry and all the role players, address the matter of non payment of water by the municipality; c. the Board reports to Parliament on progress with regard to the forensic investigation within 60 days of the adoption this report by the National Assembly; and d. policies and procedures are documented and complied with. Conclusion The Committee requests that the Department of Water Affairs and Forestry to intervenes and ensure that there is stability within the Board so that the Board can 18 NOVEMBER 2008 Page 227 of 292 realise its mandate and that the Committee be provided with a progress report within 60 days of the adoption of this report by the National Assembly. Report to be considered. 7. Thirty-Third Report of the Standing Committee on Public Accounts on the Annual Report and the Report of the Auditor-General on the financial statements of the Construction Education and Training Authority for the financial year ending 31 March 2007, dated 21 October 2008. The Standing Committee on Public Accounts (SCOPA) heard and considered evidence on the Annual Report and the Report of the Auditor-General on the financial statements of the Construction Education and Training Authority (CETA), for the year ended 31 March 2007. The Committee noted the disclaimer audit opinion expressed by the Auditor-General. The Committee raised its concerns on the following matters and reports as follows: 1. Capacity and skill The report highlighted that the Chief Financial Officer resigned in February 2006. A new Chief Financial Officer was appointed in April 2006. The Chief Executive Officer was suspended and a new Chief Executive Officer was appointed in March 2008. 18 NOVEMBER 2008 Page 228 of 292 The Committee is concerned about the lack of skills and the significant control weaknesses identified. The Committee recommends that the Accounting Authority ensures that: a) improvements of human resource control policies and procedures are implemented and that recruited staff meet the required standards; b) salaries of senior management staff should be market related; c) the reasons for staff turnover are reviewed, and strategies are established and implemented to eliminate the problems encountered; d) the Chief Financial Officer and financial staff receive training; and e) feedback is given to the Committee on the departmental action plan to address the high vacancy rate. 2. Governance issues The Committee noted the following shortcomings: a) internal control policies and procedures were not developed for the National Skills Fund; b) there was lack of systems and controls due to various policies not developed; c) there was no supporting documentation provided for commitments disclosed to the value of R35 047 million for projects which have already expired, as well as for contingent assets amounting to R12 982 million; d) non compliance with applicable legislation; and 18 NOVEMBER 2008 Page 229 of 292 e) double payments to service providers and other control weaknesses over learnership disbursements and administration. The Committee recommends that the Accounting Authority ensures that: a) management establishes monitoring controls that prevent and detect errors on the annual financial statements; b) reconciliation of total commitments, as well as contingent assets, are provided to the auditors, together with relevant supporting documentation; c) the outcomes are evaluated and legal opinion with regards to rights and obligations are obtained. Correction of prior year adjustments errors are made in terms of Generally Recognised Accounting Practice; d) mandatory grant payments are made quarterly; e) evaluation of governance and risk environment as well as development and implementation of policy to govern the environment are done; and f) an update on forensic investigation regarding the suspension of the Chief Executive Officer is provided. The Committee requests the Accounting Officer to provide a progress report on all the abovementioned issues within 60 days after the adoption of this report by the National Assembly. Report to be considered 18 NOVEMBER 2008 Page 230 of 292 8. Thirty-Fourth Report of the Standing Committee on Public Accounts on the Annual Report and the Report of the Auditor-General on the financial statements of the Department of Health and Welfare Sector Education and Training Authority (HWSETA) for the financial year ending 31 March 2007, dated 21 October 2008. The Standing Committee on Public Accounts (SCOPA) heard and considered evidence on the Annual Report and the Report of the Auditor-General on the financial statements of the Health and Welfare Sector Education and Training Authority (HWSETA), for the year ended 31 March 2007. The Committee noted the disclaimer audit opinion expressed by the Auditor-General. However, the Committee raised its concerns on the following matters and reports as follows: Capacity and skill The Committee noted the following: a. the previous Chief Executive Officer and Chief Financial Officer were suspended in June 2006 and both resigned in August 2006; b. a new Chief Executive Officer was appointed in December 2006 but was suspended in June 2007 and dismissed in July 2007; c. no Chief Financial Officer appointment was made for the remainder of 2007; d. the Chairperson of the Board resigned on 31 March 2007; and 18 NOVEMBER 2008 Page 231 of 292 e. a new Chairperson of the Board resigned on 30 November 2007 and another Chairperson was appointed on 24 January 2008. The Committee recommends that the Accounting Authority ensures that: a. all errors that occurred due to a lack of capacity and skills are corrected; b. appropriate training is provided to all employees especially in finance; and c. management institutes adequate monitoring controls to ensure that all transactions are correctly recorded in the financial statements before they are submitted for audit purposes. Governance The annual report highlighted the following: a. an amount of R14 million irregular expenditure was disclosed for non-compliance with the supply chain management and payments made in contravention of the Skills Development Amendment (SDA) regulation on mandatory grants; b. no reliance placed on the work of the internal audit committee as there was no internal audit function for the first six months of the financial year; c. representation in the Accounting Authority was not equal between employer and employee organisations in accordance with the Skills Development Amendment Act (SDA) 13(3)iii; d. the human resource plan was not approved by the Executive; e. non-compliance with applicable legislation; and 18 NOVEMBER 2008 Page 232 of 292 f. significant reliance was placed on voluntarily contributed government levies of R22 million, the absence of which would compromise the normal day-to-day running expenses and cause the HWSETA to exceed the legal limit on administrative expenditure. The Committee recommends that the Accounting Authority ensures that: a. management implements monitoring controls verifying that payments for mandatory grants are made only if Work Place Skills Plan (WSP) and Annual Training Report were submitted on time; b. management considers the effect of government levies not being received and develops a strategy to ensure that the entity remains a going concern; c. HWSETA has an internal audit function and that it performs in terms of its mandate throughout the year; d. employees are charged with governance design and implementing controls to ensure that the board members of HWSETA are at all times representative of employees and employers on an equal basis; e. there is revision and/or drafting of appropriate policies and procedures; and f. tenders and awards are advertised in the Government Tender Bulletin The Committee requests the Accounting Officer to provide a progress report on all the abovementioned issues within 60 days after the adoption of this report by the National Assembly. Report to be considered. 18 NOVEMBER 2008 Page 233 of 292 9. Thirty-Fifth Report of the Standing Committee on Public Accounts on the Annual Report and the Report of the Auditor-General on the financial statements of the Local Government Sector Education Training Authority for the financial year ending 31 March 2007, dated 21 October 2008. The Standing Committee on Public Accounts (SCOPA) heard and considered evidence on the Annual Report and the Report of the Auditor-General on the financial statements of the Local Government Sector Education and Training Authority (LGSETA), for the year ended 31 March 2007. The Committee noted the qualified audit opinion expressed by the Auditor-General. The Committee specifically raised concerns on the following matters and therefore reports as follows: 1. Governance issues The annual report highlighted the following: a. ineffective internal audit function and audit committee; b. no contracts for the Board (Accounting Authority) stating acceptance of their responsibilities; c. supply chain management framework has not been implemented and this issue has been highlighted in the reports of the past three years; d. non-compliance with applicable legislation; 18 NOVEMBER 2008 Page 234 of 292 e. LGSETA invested in an endowment policy, however, the life insured by the policy is that of the former financial manager who resigned in April 2007; and f. objectives disclosed as per the strategic plan were not specific enough to address the overall target as set by the National Skills Development Strategy. The Committee recommends that the Accounting Authority ensures that: a. .proper policies and procedures are implemented as a matter of urgency to ensure control over investments; b. an adequate supply chain management framework is approved by the Board; c. quarterly internal audit reports are produced and implemented; d. audit committee meets at least twice a year and ensures sufficient numbers attend to obtain the necessary quorum; e. LGSETA, in consultation with the Department of Labour, establishes specific SETA targets that would result in achieving the overall targets; and f. only performance objectives/information that are in line with the strategic plan are approved. 2. Capacity and skills shortage For the past two years, the position of the Chief Financial Officer had not been established in LGSETA and its responsibilities had not been assigned as required by Treasury Regulation. 18 NOVEMBER 2008 Page 235 of 292 The vacancy of a Chief Financial Officer and financial manager resulted to: a. Financial statements submitted for audit purposes required significant material adjustments. b. Adequate explanations and documentation to support the provision of levy income could not be provided. c. Accounts receivable and accounts payable were being netted off in contravention of Generally Recognised Accounting Practice. d. Material irregular expenditure of R5,2 million relating to mandatory grants paid to employers in contravention of the Skills Development Amendment(SDA) regulation. e. There was non-compliance with applicable legislation. The Committee recommends that the Accounting Authority ensures that: a. a Chief Financial Officer is appointed and delegated the responsibility; b. all errors that occurred due to lack of capacity and skills are corrected; c. appropriate training is provided to all employees especially in finance; d. revised and/or drafts of appropriate policies and procedures in accordance with accounting standards are made; e. management implements monitoring controls to ensure that payments for mandatory grants are made only if the Work Place Skills Plan (WSP) and Annual Training Report (ATR) were submitted on time ; and f. management implements monitoring controls to prevent irregular expenditure and establish a system to record those that have been incurred. 18 NOVEMBER 2008 Page 236 of 292 The Committee requests the Accounting Officer to provide Parliament with a progress report on all the abovementioned issues within 60 days after the adoption of this report by the National Assembly. Report to be considered 10. Report of the Portfolio Committee on Trade and Industry on the Companies Bill [B61B- 2008] (National Assembly – sec 75), dated 6 November 2008: The Portfolio Committee on Trade and Industry, having considered the subject of the Companies Bill [B61B – 2008] (National Assembly – sec 75), and the proposed amendments of the National Council of Provinces (Announcements, Tablings and Committee Reports, 17 October 2008, p 1918), reports the Bill with amendments [B61C – 2008]. WEDNESDAY, 12 NOVEMBER 2008 ANNOUNCEMENTS National Assembly and National Council of Provinces The Speaker and the Chairperson 1. Bills passed by Houses – to be submitted to President for assent 18 NOVEMBER 2008 (1) Page 237 of 292 Bill passed by National Council of Provinces on 12 November 2008: (a) National Railway Safety Regulator Amendment Bill [B 32B – 2008] (National Assembly – sec 76(1)). 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) Bills amended by National Council of Provinces and returned for concurrence on 12 November 2008: (a) Tobacco Products Control Amendment Bill [B 7D – 2008] (National Assembly – sec 76(1)). The Bill has been referred to the Portfolio Committee on Health of the National Assembly. (b) Second-Hand Goods Bill [B 2D – 2008] (National Assembly – sec 76(1)). 18 NOVEMBER 2008 Page 238 of 292 The Bill has been referred to the Portfolio Committee on Safety and Security of the National Assembly. (c) Prevention of and Treatment for Substance Abuse Bill [B 12D – 2008] (National Assembly – sec 76(1)). The Bill has been referred to the Portfolio Committee on Social Development of the National Assembly. (2) Bill, subject to proposed amendments, passed by National Council of Provinces on 12 November 2008 and returned for consideration of Council’s proposed amendments: (a) Medicines and Related Substances Amendment Bill [B 44B – 2008] (National Assembly – sec 75) (for proposed amendments, see Announcements, Tablings and Committee Reports, 23 October 2008, p 2017). The Bill has been referred to the Portfolio Committee on Health of the National Assembly for a report on the amendments proposed by the Council. TABLINGS 18 NOVEMBER 2008 Page 239 of 292 National Assembly The Speaker (1) Amending Draft Notice and Schedule submitted in terms of section 2(4) of the Judges Remuneration and Conditions of Employment Act, 2001 (Act No 47 of 2001), determining the rate at which salaries are payable to Constitutional Court judges and judges annually, with effect from 1 April 2008, for approval by Parliament. Referred to the Portfolio Committee on Justice and Constitutional Development for consideration and report. COMMITTEE REPORTS National Assembly CREDA INSERT REPORT - T081112e-insert1 – PAGES 2074-2081 THURSDAY, 13 NOVEMBER 2008 ANNOUNCEMENTS 18 NOVEMBER 2008 Page 240 of 292 National Assembly and National Council of Provinces The Speaker and the Chairperson 1. Bills passed by Houses—to be submitted to President for assent (1) Bills passed by National Council of Provinces on 13 November 2008: (a) Methodist Church of Southern Africa (Private) Act Repeal Bill [B 68—2008] (National Assembly—sec 75). (b) Dutch Reformed Churches Union Act Repeal Bill [B 69—2008] (National Assembly—sec 75). (c) The Apostolic Faith Mission of South Africa (Private) Act Repeal Bill [B 71B 〉 (d) Adjustments Appropriation Bill [B 76—2008] (National Assembly—sec 77). (e) Eskom Subordinated Loan Special Appropriation (2008/09— 2010/11 Financial Years) Bill [B 77—2008] (National Assembly— sec 77). (f) Finance Bill [B 78—2008] (National Assembly—sec 77). (g) Government Employees Pension Fund (Condonation of Interrupted Service) Bill [B 79—2008] (National Assembly—sec 77). 18 NOVEMBER 2008 (h) Page 241 of 292 Revenue Laws Amendment Bill [B 80—2008] (National Assembly—sec 77). (i) Revenue Laws Second Amendment Bill [B 81—2008] (National Assembly—sec 75). TABLINGS National Assembly 1. The Speaker (a) Reply by the Minister of Water Affairs and Forestry to recommendations in the Report of the Portfolio Committee on Water Affairs and Forestry (Hearings on the Strategic Plan and Budget Vote 34: Department of Water Affairs and Forestry), as adopted by the House on 10 June 2008. Referred to the Portfolio Committee on Water Affairs and Forestry. COMMITTEE REPORTS National Assembly and National Council of Provinces CREDA INSERT REPORTS - T081113e-insert1 – PAGES 2090-2135. FRIDAY, 14 NOVEMBER 2008 18 NOVEMBER 2008 Page 242 of 292 ANNOUNCEMENTS National Assembly and National Council of Provinces The Speaker and the Chairperson 1. Assent by President in respect of Bills (1) Correctional Services Amendment Bill [B 32F – 2007] – Act No 25 of 2008 (assented to and signed by President on 8 November 2008). COMMITTEE REPORTS National Assembly and National Council of Provinces 1. REPORT TO THE JOINT COMMITTEE ON ETHICS AND MEMBERS’ INTERESTS ON THE FINDINGS OF THE AUDITOR GENERAL WITH RESPECT TO THE AUDIT OF THE DISCLOSURE OF INTERESTS BY MEMBERS On 13 November 2008 the Joint Committee on Ethics and Members’ Interests met at Room V227 Old Assembly Building to consider the report of the Auditor General on the alleged non-disclosure by Members of Parliament. 18 NOVEMBER 2008 Page 243 of 292 Present Chairperson: Landers, LT (ANC) National Assembly De Lille, P (ID) Gxowa, NB (ANC) Delport, JT (DA) Njobe, MAA (ANC) Dudley, C (ACDP) Rajbally, S (MF) Gumede, DM (ANC) Seaton, SA (IFP) National Council of Provinces Dlulane, BN (ANC) Oliphant, M (ANC) Matlanyane, H (ANC) Ralane, TS (ANC) Moseki, AL (ANC) Apologies National Assembly Baloyi MR (ANC) Nwamita Shilubana TLP (ANC) Radebe BA (ANC) Ditshetelo, PHK (UCDP) National Council of Provinces Ntwanambi ND (ANC) Tolo BJ (ANC) 18 NOVEMBER 2008 Page 244 of 292 Staff Adhikarie Z, Mahomed F, Isaacs F The Auditor General conducted an investigation on the completeness of the Register of Members’ Interests as part of the 2007 financial audit of Parliament. As a result they submitted details of fourteen Members who had allegedly not disclosed. In terms of the procedure, correspondence was sent to the Members on the 30 July 2008 to seek their responses to the allegations. The report details the companies that the Members have allegedly not disclosed; it outlines the Members responses, as well as the findings with recommendations as to sanctions where appropriate. In findings related to resignations from companies and close corporations, it was noted that the process to effect resignations are not solely in the control of the person concerned. The procedures at Company and Intellectual Property Rights Organisation (CIPRO) require that signatures of other partners/membership/directors are required to finalise resignations. The consequence of this is that after an individual has resigned from a company or a close corporation they are dependent on other parties to effect the change. It is for this reason that Members have been given the benefit of the doubt, where they indicated that they have resigned. 18 NOVEMBER 2008 Page 245 of 292 In considering penalty, in respect of dormant companies it is noted that the Committee made numerous efforts to assist Members to fully comply with the disclosure requirements of the Code. Arrangements were made with CIPRO to avail their services which allowed an individual Member to check his/her disclosure details. About 300 Members participated in this process of checking. Note 3 on the disclosure of interests form specifies that dormant companies must be disclosed. It is further noted that the Joint Committee on Ethics and Members’ Interests have in numerous reports adopted by the National Assembly and the National Council of Provinces, resolved that Members must disclose dormant companies. Abram, S Mr It is alleged that the Member did not disclose the following: Company Information Closeprops 169 Registration number 2005/088057/23 Closeprops 170 Registration number 2005/088053/23 Ithute Tswelopele Solution Registration number 2000/0209072/07 Members’ response Mr Abram responded that Closeprops 169 and 170 are property holding Close Corporations in which he has 50% interests, these properties were disclosed. 18 NOVEMBER 2008 Page 246 of 292 Mr Abram indicates that he had resigned from Ithute Tswelopele Solution and is trying to establish why the resignation was not affected. Findings There is no breach of the Code with respect to Closeprops 169 and Closeprops 170 as these companies were disclosed in the land and property section of the Register of Members Interests. The Member is advised that the full name of the Close Corporation must be included in the Register. With regard to Ithute Tswelopele that as he had resigned there is no breach of the Code of Conduct. The Committee agreed that Mr Abram must ensure that the resignation is rectified with CIPRO. Bonhomme, TJ Mr It is alleged that the Member did not disclose the following: Company Information Newlands Mashu Community Development Centre Registration number 1995/003138/08 Member’s response In his response Mr Bonhomme indicated the Newlands Mashu Community Development Centre is also known as the Kwa Mashu Newlands Permaculture Centre which was disclosed. 18 NOVEMBER 2008 Page 247 of 292 Finding There is no breach of the Code of Conduct for Members of Parliament as the interest was disclosed. Holomisa, GBH Mr It is alleged that the Member did not disclose the following: Company Information Amalgum Investments Twenty Registration number 2003/015387/07 Beat the Clock Investment Registration number 2006/034220/07 Ebaleni Property Holdings Registration number 2006/031986/07 Holomisa Investments Registration number 2000/006258/23 Members’ response In his response Mr Holomisa indicated that he had disclosed Amalgam Investments and Holomisa Holdings in the category shares and financial interests. Ebaleni Property Holdings and Beat the Clock Investments are new interests and had been disclosed in his 2008 declaration. Finding There is no breach of the Code. Maluleka, HP Mr 18 NOVEMBER 2008 Page 248 of 292 It is alleged that the Member did not disclose the following: Company Information Bay View Trading 20 Registration number 2006/177896/23 Members’ response In his response Mr Maluleka indicated that the company is dormant and apologized for the omission. Finding Mr Maluleka has not fully disclosed, as required and is in breach of the Code. Sanction It is noted that the company is dormant. In similar cases the Joint Committee recommended that Members be issued with a fine. The Committee therefore recommends that the penalty is a fine of R500 for the non-disclosure of directorship in a company. Mashiane, ML Ms It is alleged that the Member did not disclose the following: 18 NOVEMBER 2008 Page 249 of 292 Company Information Mabopane Community Services Organisation Registration number 1997/003926 Members’ response Ms Mashiane in her response said that the Mabopane Community Service Organisation is a not for profit organisation which need not be disclosed. Accordingly there is no breach of the Code of Conduct for Members of Parliament. Matsomela, MJ Ms It is alleged that the Member did not disclose the following: Company Information Jeids Five Marketing Registration number 1997/046999/23 Members’ response In her response Ms Matsomela indicated that the company has been dormant since inception and that she will follow up and would advise the Committee accordingly. Finding 18 NOVEMBER 2008 Page 250 of 292 Ms Matsomela has not fully disclosed, and is in breach of the Code of Conduct for Members of Parliament. Sanction It is noted that the company is dormant. In similar cases the Joint Committee recommended that Members be issued with a fine. The Committee therefore recommends that the penalty is a fine of R500 for the non-disclosure of directorship in a company. Mentor, VMP Ms It is alleged that the Member did not disclose the following: Company Information Vakazi Holdings Registration number 2003/004864/06 Member’s response Ms Mentor has indicated that she had resigned from the company six months after she was appointed as director. She had formally resigned and asked the company to remove her as director. Finding 18 NOVEMBER 2008 Page 251 of 292 There is no breach as Ms Mentor had resigned, She must ensure that her resignation is finalized at CIPRO. Mlangeni, A Mr It is alleged that the Member did not disclose the following: Company Information Centers’ for Community Development Registration number 1993/000070/08 Havtoohav Investments Registration number 2004/029269/07 Ndiza Empowerment Technology Registration number 2000/017077/07 Orlyfunt Holdings Registration number 2003/014960/07 Orlyfunt Strategic Investments Registration number 2004/030159/07 Pacific Height Investments Registration number 2006/039622/07 Inkwenkwezi Gold Registration number 2004/002172/07 Comorant Investments 22 Registration number 2004/002172/07 Member’s response In his response Mr Mlangeni indicated that the Centers’ for Community Development was placed under provisional liquidation, the company was formed to assist veterans of the struggle and is an article 21 company. He had derived no benefit from it. 18 NOVEMBER 2008 Page 252 of 292 Mr Mlangeni resigned from Ndiza and Crowned Comorant. In a further response Mr Mlangeni apologised for his non-disclosure. He said that Orlyfunt Strategic Investments and Orlyfunt Holdings are subsidiaries of Matodzi which he had disclosed. He concedes that he should have disclosed the entities. He said that he had agreed to the directorships in Havtohave Investments and Inkwenkwezi Gold but these entities never “took off”. Mr Mlangeni also submitted an affidavit from Mr TR Jones of Pacific Heights, in which Mr Jones states that he had not informed Mr Mlangeni when the company was registered. Findings There is no breach in respect of the Centers’’ for Community Development, as this is a not for profit organisation and it need not be disclosed in terms of the Code of Conduct.. In respect of Pacific Heights, the company was established in 2007, the period of the audit was for the 2007 year, this together with the affidavit from Mr Jones shows that this may have been an omission, Mr Mlangeni should be given the benefit in this regard. 18 NOVEMBER 2008 Page 253 of 292 Mr Mlangeni is in breach for the non-disclosure of Orlyfunt Strategic Investments and Orlyfunt Holdings, Havtohave Investments and Inkwenkwezi Gold Penalty It is recommended that Mr Mlangeni be fined R500 per entity for the nondisclosure of directorships in Orlyfunt Strategic Investments and Orlyfunt Holdings, Havtohave Investments and Inkwenkwezi Gold, a total fine of R2000 is recommended. Ngcengwane, ND Ms It is alleged that the Member did not disclose the following: Company Information Mfingwana Projects Enterprises Registration number 2002/053090/23 African Pearl Trading 17 Registration number 2005/060146/23 MMDZ Trading Enterprises Registration number 2006/208148/23 Pathway to Educational Achievement Registration number 1998/013884/08 Vathisa Vuthela Technologies Registration number 2005/060933/23 Just us Women Business Enterprise Registration number 2003/067822/23 Mahlanga Business Enterprises Registration number 2004/063705/23 Mountain Hill Property Registration number 2002/097108/23 18 NOVEMBER 2008 Page 254 of 292 Member’s response In her response Ms Ngcengwane indicated that: Mfingwana is active but currently dormant. She has no recall of African Pearl Trading and intends resigning. MMDZ is an active enterprise. She has resigned from Pathway for Educational Achievement Vathisa Vuthela Technologies has not taken off and she has no contact with her business partner. Just us Women Business Enterprises – she has resigned from the company. Mahlanga Business Enterprises, she has no recall of this company and would like to resign from this company. Mountain Hill Property, she intends resigning from this company. Findings The Committee gives Ms Ngcengwane the benefit of the doubt regarding her resignation for Pathway for Education Achievement and Just Us Women Business Enterprise and therefore finds that there is no breach in this regard. She must ensure that the resignations are finalized at CIPRO. In respect of non-disclosure of the following companies, Mfingwana Projects Enterprises, Vathisa Vuthela Technologies, Mountain Hill Property and MMDZ Trading Enterprises, the Committee finds that Ms Ngcengwane is in breach of the Code of Conduct for the non disclosure of directorships. 18 NOVEMBER 2008 Page 255 of 292 With respect to African Pearl Trading 17 and Mahlanga Business Enterprises, the Registrar obtained the copies of the Close Corporations founding documents which Ms Ngcengwane had signed. Penalty With respect of Mfingwana Projects Enterprises, Vathisa Vuthela Technologies, Mahlanga Business Enterprises, Mountain Hill Property, African Pearl Trading, the Committee notes that these companies are dormant and subsequently finds that the Members must be fined R500 for each non disclosure, R2500 in for the dormant companies. With respect to MMDZ Trading Enterprises which is currently trading. It is noted that the company was established in 2006 and that Ms Ngcengwane had disclosed in 2008. The Committee recommends that Ms Ngcengwane be fined R1 000 for the non disclosure of this company. The total recommended penalty is R3500. Ntuli, SB Mr It is alleged that the Member did not disclose the following: Company Information 18 NOVEMBER 2008 Page 256 of 292 Bensat Construction Registration number 1998/023522/23 Modern Era Construction and Projects Registration number 2006/001900/23 Siphiwe Montessori School Registration number 1996/009654/08 Member’s response In his response Mr Ntuli has indicated that his business partner in Bensat Construction passed away a few years ago. The Company has been dormant since. He indicated that he has no knowledge of Modern Era Construction Projects. Mr Ntuli said that he resigned from Siphiwe Montessori School which is now closed. Finding The Registrar obtained copies of the founding statement for Modern Era Construction. Mr Ntuli was asked to verify his signature on the documents of Modern Era Construction; he indicated verbally that the signature is not his, but has not submitted a written response despite numerous requests from the Office of the Registrar. Mr Ntuli was afforded ample opportunity to respond, his failure to do so leaves the Committee no choice as it must base its findings on the bases of the signatures on the forms. The Committee finds that Mr Ntuli is in breach of the Code of Conduct for the non-disclosure of directorships. in respect of Modern Era 18 NOVEMBER 2008 Page 257 of 292 Constructio. He conceded that he was aware of Bensat Construction and is therefore also in breach in this regard. Penalty As both these companies are dormant it is recommended that Mr Ntuli be fined R500 per entity, a total fine of R1000. Nzimade, LPM Mr Company Information CBR Education and training for Registrationumber:2001/006621/08 Empowerment Eyathu Sonke Drives Training Registration number 2001/051404/23 Secretariat of the African Decade Registration number 2003/027026/08 of persons with Disabilities Member’s response That CBR Education and Training for Empowerment are non-profit organizations. Mr Nzimande indicated that Eyathu Sonke is dormant. Findings Mr Nzimande has breached the Code of Conduct for the non-disclosure of his directorships in Eyathu Sonke Driving School. 18 NOVEMBER 2008 Page 258 of 292 Secretariat of the African Decade of Persons with Disabilities and CBR Education and Training for Empowerment are not for profit organizations, accordingly Mr Nzimande is not in breach of this respect. Penalty Eyathu Sonke is dormant; the Committee recommended a fine of R500. Ramotsamai, CMP Ms Company Information Full Swing Trading 530 Registration number 2005/028722/23 Member’s response Ms Ramotsamai has indicated that she was under the impression that she had resigned from this company. Finding Ms Ramotsamai should be given the benefit of the doubt with regard to her resignation from the company. Ms Ramotsamai must ensure that her resignation is finalized at CIPRO. Accordingly there is no breach of the Code of Conduct. Smith, VG, Mr Company Information Nambiti Nextwave Consulting Registration number 2003/012765/07 Euro Blitz 48 Registration number 2002/012907/07 18 NOVEMBER 2008 Page 259 of 292 Hlanganani Investment Registration number 2001/001423/07 Leshema Finance Management Registration number 1994/041151/23 Services Member’s response In his response Mr Smith indicated that he had resigned from Nambiti Nextwave. Euro Blitz trades as Qulemar (Pty) Ltd and has been disclosed. The record shows that he has resigned from Hlanganani. Leshema Finance is a dormant company. Findings There is no breach with regard to Nambiti Nextwave, Euro Blitz and Hlanganani Investment. In respect of Leshema Finance, Mr Smith is in breach of the Code. Mr Smith must ensure that his resignation from Nambiti Nextwave is finalized. Penalty It is noted that Leshema Finance is dormant; it is recommended that he be fined R500. Woods, GG Mr Company Information Berg Street Three Properties Registration number 1985/011149/23 Imbenge Group Registration number 1997/001649/07 Imbenge Properties Registration number 1997/001145/07 18 NOVEMBER 2008 Page 260 of 292 Member’s response Mr Woods indicated that he was of the view that Berg Street Properties was deregistered. He indicated that he has no recall of the Imbenge Group and Imbenge Properties. The Registrar obtained the founding documents for Imbenge Group and Imbenge Properties from CIPRO these show that Mr Woods did not sign the founding documents. The Auditors listed on the founding documents indicated that they did not have any documents for the companies. Findings It is recommended that Mr Woods be given the benefit of the doubt with regard to Berg Street Properties. As there is not evidence to indicate that Mr Woods consented to being appointed as a director for Imbenge Group and Imbenge Properties. Accordingly there is no breach of the Code of Conduct. Mr Woods must ensure that he advises CIPRO and removes himself from the companies concerned. The Committee adopted the report unanimously. 18 NOVEMBER 2008 Page 261 of 292 Report to be considered. 2. REPORT OF THE JOINT COMMITTEE ON ETHICS AND MEMBERS’ INTERESTS ON THE COMPLAINT AGAINST MINISTER BMN BALFOUR. On 13 November 2008 the Joint Committee on Ethics and Members’ Interests met at room V227 Old Assembly Building to consider the complaint against Minister BMN Balfour. Present: Mr L Landers Chairperson National Assembly De Lille, P Gxowa, NB (ANC) Delport, JT (DA) Njobe, MAA (ANC) Dudley, C (ACDP) Rajbally, S (MF) Gumede, DM (ANC) Seaton, SA (IFP) National Council of Provinces 18 NOVEMBER 2008 PAGE: 262 of 292 Dlulane, BN Matlanyane, H Moseki, AL Oliphant, M Ralane, TS Apologies National Assembly Baloyi MR (ANC) Nwamita Shilubana TLP (ANC) Radebe BA (ANC) Ditshetelo, PHK (UCDP) National Council of Provinces Ntwanambi ND (ANC) Tolo BJ (ANC) Staff Adhikarie Z, Mahomed F, Isaacs F The Joint Committee on Ethics and Members’ Interests received a complaint which referred to a payment allegedly made by Kgwerano Financial Services for a Volkswagen Touareg.5.0 V10. It is alleged that the Minister had failed to declare payment by Kgwerano as required by the Code of Conduct for Members of Parliament 18 NOVEMBER 2008 PAGE: 263 of 292 The Code of Conduct for Members of Parliament stipulate in terms of paragraph 8(f) and (g) which require that Members must disclose: (f) Gifts and hospitality: (i) A description and the value and source of a gift with a value in excess of R1500; (ii) a description and the value of gifts from a single source which cumulatively exceed the value of R1500 in any calendar year; and (iii) hospitality intended as a gift in kind. (g) Benefits: (i) The nature and source of any other benefit of a material nature; and (ii) the value of that benefit. The Committee considered the information provided by: The complainant, The response by Minister Balfour which included documents such as the lease agreement for the vehicle, statements of the account, his personal bank statements, and a supporting letter from the bank, The Department of Transport on the Public Office Bearers Motor Scheme, a signed affidavit by a director of Kgwerano Financial Services, The Committee also received a signed affidavit from Mr Litton on behalf of Wesbank In making its findings the Committee the Committee noted the signed affidavit from Mr Litton of Wesbank Head of Risk, in which he confirms the following under oath: 18 NOVEMBER 2008 PAGE: 264 of 292 1. The Minister Balfour entered into a lease agreement with Kgwerano Asset Finance a division of First Rand Bank Limited on 21 February 2006 for the lease of a new Volkswagen Touareg 5.0 V10 TDI TIP. 2. The vehicle matched the details contained in the invoice from Northcliff Volkswagen. 3. The original contract term of the vehicle was extended, and in terms of bank procedures a new contract number was allocated. 4. He confirms that they did not finance two vehicles and the contracts relate to the Volkswagen Touareg 5.0 V10. 5. Wesbank draws regular monthly instalments from Minister Balfour from his personal bank account for payment of the motor vehicle. 6. In supplementary affidavit Mr Litton responds to the allegation of a settlement letter, he explains that a settlement letter is sent out when one account is closed. In this instance the first account was closed to reschedule the payments, he confirms that there was no lump sum payment. Findings In light of the above the Committee found unanimously that the allegation that the Minister received a gift in the form of a payment for his motor vehicle was not substantiated, consequently there is no breach of the Code. Report to be considered. 1. Report of the Joint Budget Committee on the Medium-Term Budget Policy Statement, dated 12 November 2008. 18 NOVEMBER 2008 PAGE: 265 of 292 The Joint Budget Committee, having considered the Medium-Term Budget Policy Statement (MTBPS) referred to it, reports as follows: INTRODUCTION The Medium-Term Budget Policy Statement (MTBPS) comes at a time of severe turbulence in the global economy. This is the last MTBPS to be introduced in the Third Parliament. The economic slowdown and projected decline in revenue may require changes in medium-term budget proposals. This in turn will place greater importance on domestic policies, with the need to ensure that funds are directed at those sectors and programmes which have the greatest impact on the lives of South Africans. The Committee once again agreed to focus on selected sectors and departments: those expected to be prioritized over the medium-term or those that have experienced specific budgeting and performance challenges. These are reflected on in the report. In preparing for the MTBPS, the Committee drew on a range of submissions including government’s “Towards A Fifteen Year Review”, and reports of the Auditor-General (AG) and the Financial and Fiscal Commission (FFC). The Human Science Research Council (HSRC) and the Public Service Commission (PSC) were also invited to present on relevant research and findings. In keeping with Committee practices, Members of relevant portfolio and select committees were invited to participate in proceedings. The participation of sector committees remains fundamental to Parliament’s engagement with the MTBPS as they are able to bring detailed knowledge of departmental policies and practices to deliberations. 18 NOVEMBER 2008 PAGE: 266 of 292 This report is divided into three sections. The first reflects on the broad medium-term priorities, the second focuses on specific sectors and departments while the third sets out the Committee’s recommendations. BUDGET PRIORITIES AND THE DIVISION OF REVENUE The downturn in the global economy and various domestic constraints are expected to curtail South Africa’s economy initially, with growth anticipated to slow to around 3 per cent in 2009, before rising to 4.3 per cent by 2011. Revisions to tax policy and a shift in the budget balance allow for the expansion of the fiscus and support for government’s priorities despite the slowdown in growth. The challenges in implementing concurrent functions have, at times, led to serious misalignment between policies and resource allocations, and between allocations and outputs. The Committee welcomes the proposed reforms in the local government equitable share formula, in order to take greater account of fiscal constraints in poor municipalities. The Committee supports the additional R170.8 billion proposed in the MTBPS for the Medium-Term Expenditure Framework (MTEF) partially to offset the effects of higher inflation on salaries, social grants, fuel and capital projects. There will also be a tranche of R60 billion made to Eskom. The MTBPS reflects a continuing emphasis on employment creation and poverty alleviation. Specific medium-term budget priorities, as presented, include: Enhancing the quality of education; Improving the provision of health care, particularly for the poor, to reduce infant, child and maternal mortality rates; 18 NOVEMBER 2008 PAGE: 267 of 292 Reducing the levels of crime and enhancing citizen safety; Expanding the built environment to improve public transportation and meet universal access targets in housing, water, electricity and sanitation; and Decreasing rural poverty by taking steps to raise rural incomes and improve livelihoods by extending access to land and support for emerging farmers. PUBLIC SPENDING PRIORITIES Enhancing the Quality of Education Education is central to overcoming poverty and inequality. The MTBPS proposes additional funding for the sector through an upward adjustment to the provincial equitable share, to accommodate the extension of no-fee schools, and a further R4 billion to support the National School Nutritional Programme (NSNP). Government has also indicated it will step up funding for school infrastructure and enhance safety and security. A new conditional grant for the recapitalization of technical high schools is also envisaged. The Committee agrees that attention should be given to quality teacher training. Greater attention should also be given to technical training to address the needs of the economy. Early Childhood Development (ECD) and adult education are further priorities. A co-ordinated approach to ECD is particularly significant as it provides an opportunity to reverse long-term trends in the sector. There is also an urgent need to address the backlogs in school infrastructure, including overcrowding and access to basic services such as water and sanitation, and to ensure that all funds allocated are effectively and efficiently utilised. 18 NOVEMBER 2008 PAGE: 268 of 292 The Committee has taken note of challenges with specific education programmes, including disparities with the implementation of the no-fees policy and the NSNP. The Department of Education (DoE) should therefore develop and enforce specific guidelines to achieve better outcomes. While progress has been recorded in expanding education opportunities, international comparisons confirm that the sector is under-performing, and that allocated resources are not producing the desired outcomes. As acknowledged in government’s Fifteen Year Review, “the quality of services leaves much to be desired….This has much to do with management and service culture in the actual units (schools and hospitals).” Improving the Provision of Health Services The health sector continues to face a number of acute challenges including access to primary health care and the fight against HIV/AIDS and Tuberculosis. Progress in reducing maternal and infant mortality has also been slow. As highlighted by the HSRC, around 60 per cent of maternal deaths are due to treatable diseases. A severe shortage of health professionals and inadequate infrastructure has compounded these difficulties. Funding for the health services currently accounts for 3.4 per cent of GDP and 11.8 per cent of consolidated government expenditure. The MTBPS indicates that further resources will be made available for phased-in salary adjustments associated with the occupation-specific dispensation (OSD), as well as for new medicines and treatments. Additions to conditional grants total R1.8 billion over the next three years, mostly to support the HIV and AIDS grant and hospital revitalization. The Committee has taken account of various proposed reforms, including the establishment of a National Health Insurance System (NHI), which will require financial support and an effective implementation plan. The NHI will ensure that all 18 NOVEMBER 2008 PAGE: 269 of 292 citizens will have equitable access to health services and thereby promote socio-economic development. While further financial support will be required to reinforce health services, emphasis must also be given to improving management, training and information systems within the sector. Salary adjustments must be accompanied by improvements in overall working conditions. Steps must also be taken to ensure that there is sufficient capacity to drive government’s HIV/AIDS programmes. Deficiencies with procurement, waste management and response times for emergency services are further concerns. All these matters will require dedicated attention. In overcoming these challenges, the Committee believes there is a need to identify best practices in better performing health facilities and replicate these throughout the sector. Crime Prevention and Security Departments in the justice and protection services have not worked together optimally to achieve their objectives. The Committee therefore welcomes the decision to revamp the criminal justice system as announced in 2008. This is expected to result in enhanced integration, co-operation and improved performance, although progress with this initiative should be carefully monitored. To alleviate shortcomings in the police services, especially over visible policing and investigative capacity, an amount of R6.5 billion was allocated to Department of Safety and Security (DSS) over the medium-term. The MTBPS suggests that further support will be directed at increasing the number of specialized police personnel and improving information and management systems. Additional resources and more personnel should correspond to a marked decrease in the crime rate. 18 NOVEMBER 2008 PAGE: 270 of 292 Delays in the adjudication process remain among the most serious constraints to the justice system. According to the 2008 Estimates of National Expenditure (ENE), the aim is to reduce the backlog in court cases by 5 per cent each year over the MTEF period. While the Committee has noted an improvement in financial management within the DoJCD, with a reduced level of under-expenditure in 2007/08 compared to previous years, further attention is needed to ensure that allocated funds translate into progressively improved performance. The linkages between the department’s strategic plan and budget may require further refinement in this respect. Overcrowding within the prison system has been a long-standing problem, which has negatively affected the ability of the Department of Correctional Service (DCS) to rehabilitate offenders. To alleviate overcrowding, the budget allocated an additional R2.9 billion to the DCS, mostly for the construction of prisons. The Committee finds it unacceptable that the construction of prisons, as previously announced in the State of the Nation Address in 2002, have yet to be completed. Furthermore, the six prisons as stated in the MTBPS do not appear to be new projects. Clarity must be provided by the Department. Ultimately, the ability of the justice and protection services to achieve the desired outcomes depends, to a large extent, on the level of inter-departmental co-ordination and information sharing. This extends to departments such as Home Affairs, Transport and traffic enforcement in the case of events such as the 2010 Soccer World Cup. The Committee believes that the performance of the justice and protection services should be closely scrutinized to ensure that Parliament is in a strong position to assess budget proposals against outputs and outcomes, and ultimately ensure value-for-money. 18 NOVEMBER 2008 PAGE: 271 of 292 Expanding the Built Environment Public infrastructure and capital investment are necessary for sustained growth, employment creation and the hosting of a successful 2010 World Cup. Much of the investment is earmarked for the built environment, specifically for low-cost housing, public transport, electrification programmes, health facilities, schools, water and sanitation. The Committee welcomes the fact that capital expenditure is set to reach 11 per cent growth by 2011/12. The MTBPS proposes additional funds for a number of key grants and programmes including R4.1 billion for the infrastructure grant to provinces and R4.3 billion to municipalities. As previously emphasised, it is critical that funds earmarked for national priorities such as bulk infrastructure are spent for their intended purposes. The Committee supports the additional funds proposed in the MTBPS for housing and community development although it notes that the Department of Housing (DoH) has acknowledged that these resources will be insufficient to meet the target of eradicating informal settlements by 2014. As highlighted by the Committee in previous reports and underlined in the MTBPS, shortcomings in planning, capacity and intergovernmental co-ordination continue to hamper the delivery of quality houses. Additional resources must be complemented by measures to improve administrative efficiency and reporting systems. All housing units should comply with the norms and standard as prescribed in the Breaking New Ground Strategy. Innovation and alternative construction methods are also needed to mitigate rising construction costs. The Committee has expressed concern that the DoH did not appear to have made provision for an allocation for the Housing Development Agency. 18 NOVEMBER 2008 PAGE: 272 of 292 Efficient transport systems are pivotal for economic growth and the 2010 Soccer World Cup. The Committee welcomes the recognition by government that access to integrated public transport should be prioritized. Notwithstanding this, budgeting and organizational challenges such as vacancies, a shortage of technical skills and deficiencies in monitoring and co-ordination continue to pose challenges. The current allocation for taxi-recapitalization is insufficient and the Committee supports the position that this should be reviewed by the Department of Transport (DoT). Government needs to re-establish rail networks especially in rural areas. In addition, the process of shifting freight from road to rail should be accelerated as this will reduce both the costs of road maintenance and improve transport efficiency for rural and urban communities. The proposed allocation of funds in the MTBPS to upgrade ports should assist in improving logistics. The Committee concurs with the recommendations of the Financial and Fiscal Commission (FFC), specifically that the process of classifying roads should be finalized, and that the location of the responsibility for the provision of learner transport should be clarified. The Committee has also identified serious deficiencies with the funding model for the Road Accident Fund (RAF). Urgent reform is needed to stabilize the fund before 2010. Clean water and sanitation are essential for socio-economic upliftment. While considerable progress has been made in expanding water services and sanitation, the Committee believes that the departments of Water Affairs and Forestry (DWAF) and Education should work towards halving the number of schools and clinics without water. It is unacceptable that there is under-expenditure while there are still more than a thousand schools without access to safe water. It is incumbent on DWAF and other departments to ensure that no school or clinic is without toilets by the end of the first year of the MTEF. 18 NOVEMBER 2008 PAGE: 273 of 292 Although the MTBPS has allocated an indicative R3.1 billion for bulk water infrastructure over the next three years, the Committee’s injunction to the respective departments is that they ensure integrated planning and co-ordination to ensure that these resources are effectively and efficiently used as planned. In addition, the Committee remains concerned about the maintenance of public facilities, particularly schools, hospitals, police stations and correctional centres. Co-ordinated efforts are required between the Department of Public Works (DPW) and other departments and entities to address the evident challenges in this regard. Rural Development and Agrarian Reform Agrarian and land reform are integral to government’s rural development, poverty alleviation and food security strategies. As food security is vital the Committee urges that departmental capacity be increased and the vacancy rate be reduced. It is essential that resources are properly aligned and that post-settlement support is significantly improved so that the productivity of the agricultural sector can be increased. The Committee notes the new approach developed by the Department of Land Affairs (DoLA) to achieve an affordable and sustainable land reform which includes the development of new financial measures, human resource programmes and relevant products. The Committee urges the department to accelerate land redistribution and reform. Industrial Development and Employment Creation Sustainable economic growth and industrial development is directly linked to a sustainable energy policy and strategies and is essential for government to accelerate employment creation and reduce 18 NOVEMBER 2008 PAGE: 274 of 292 poverty by 2014 and beyond. While the Committee largely agrees with the various industrial policy initiatives, the Committee urges government to ensure that such initiatives are balanced with the need to promote competitiveness and protect existing industries such as textiles and clothing industries. Government support must be carefully targeted and ultimately create sustainable industries. The Committee welcomes the new phase of the Expanded Public Works Programme (EPWP) which is intended to develop and transfer skills and create longer-term employment. The implementation of this programme needs to be carefully monitored. Accelerating skills development must be in alignment with the prescripts of a developmental state. Together with the financial support for EPWP and SETAS, attention should be given to refining the programmes, curricula and operations of these initiatives in order to meet market demands. The Committee has taken account of progress with the Joint Initiative on Priority Skills Development (JIPSA) and urges all social partners to invest in this initiative. The State-Owned Enterprises (SOEs) are key partners in industrial development and the public infrastructure build programme. Despite the expanding role of the SOEs in the economy, the Committee maintains that there is a need to review these enterprises to enhance their contribution to the developmental state and ensure that state funds are effectively utilized. In particular, efforts are needed to ensure SOE projects are closely aligned with government’s priorities and that they are more closely monitored by the various oversight authorities. RECOMMENDATIONS Based on its observations, the Committee recommends the following: 18 NOVEMBER 2008 1. PAGE: 275 of 292 Co-ordinated and integrated planning is paramount. It is essential that national, provincial and local development plans are closely aligned. Such measures must be implemented both vertically, between the spheres of government, and horizontally, within and between clusters and departments. To ensure co-ordinated planning, government should consider setting cross-cutting performance indicators for the respective departments. 2. Further steps should be taken to ensure that funds allocated through equitable shares and the various grants are utilized for their intended purposes and fulfil national priorities. 3. The Committee previously called on departments and entities to ensure there is a stronger correlation between human resources plans and budgets, and to develop innovative recruitment and mentorship programmes, as well as measures to safeguard against the loss of institutional memory. 4. Government should prioritize training for specialized, managerial and administrative skills in the public service, for example, in education, health, trade and police services. In addition, government should reopen specialized institutions like nursing and teaching colleges. 5. Given the inadequate maintenance of many public facilities, government should enhance coordination and monitoring, especially between the Department of Public Works (DPW) and other departments and entities. 6. Further measures are required to address the evident weaknesses and lack of overall coordination in government procurement processes. For example, departments should procure certain services from local communities. 18 NOVEMBER 2008 7. PAGE: 276 of 292 Noting the existing agreement between the departments of Health and Defence to make hospitals more accessible, the Committee recommends that this be expanded to provide emergency services. 8 The Department of Housing should provide a detailed plan on how it intends to eradicate informal settlements in specific areas. 9. The deficiencies in the funding model for the Road Accident Fund (RAF) should be urgently addressed. The Department of Transport should report to the Committee on measures taken and the timetable for implementation. 10. The departments of Water Affairs and Forestry, Education and Health should work together to halve the number of schools and clinics without access to safe water and sanitation by the end of the first year of the MTEF. The Committee would like to thank the Public Service Commission and Human Science Research Council for their contribution. Finally, the Committee would like to extend its appreciation to all those who participated in the proceedings and contributed to the compilation of the report including the research team and secretariat. Report to be considered. “Annexure”: Submissions and Presentations 18 NOVEMBER 2008 National Departments Agriculture Education Health Housing Land Affairs National Treasury Transport Water Affairs and Forestry Research Organizations Public Service Commission Human Science Research Council Other Submissions J Laubscher: Sanlam G Ballim: Standard Bank D Roodt: Efficient Group Federation of Unions of South Africa (FEDUSA) People’s Budget Campaign PAGE: 277 of 292 18 NOVEMBER 2008 PAGE: 278 of 292 National Assembly 1. Report of the Portfolio Committee on Foreign Affairs on the study tour to Western Sahara and Algeria, dated 20 August 2008. The Portfolio Committee on Foreign Affairs having been invited to attend the commemoration of the 35th Anniversary of the launching of the armed struggle in Western Sahara on the 20 May 2008, and proceeded to undertake a study tour to Algeria from 24-26 May 2008, reports as follows: PURPOSE The Portfolio Committee on Foreign Affairs undertook a study tour which coincided with the Commemoration of the 35th Anniversary of the launching of the armed struggle against the Spanish colonialism on the 20 May 2008. Due to the briefing by the South African Ambassador it was necessary to go directly to Western Sahara where celebrations were taking place. This trip took part of the delegation about 5 days and the remaining two members of the delegation missed the flight to the destination. The celebration took place at two places, the Smara and Tifariti settlement camps. The Committee then proceeded to undertake a study tour to Algeria in order to meet with the Algerian Parliamentary Committee on Foreign Affairs as well as the Speaker of the Algerian Parliament to discuss and improve the inter-parliamentary relations between the two countries. DELEGATION 18 NOVEMBER 2008 PAGE: 279 of 292 The delegation comprised of Dr Albertina Luthuli (leader of delegation), Mr Patrick Sibande, Mr Sipho Siboza, Mr Joseph Seremane and Ms Dineo Martin (Committee Secretary) FINDINGS There was a high level composition of international representatives in attendance from several countries, official delegations, civil society, non-governmental, pressure and interest groups mainly from the Western Europe, these included: African Union (Commissioner of Social Affairs), Algerian, Angola. Tanzania, Nigeria, Namibia, Mauritania, Ethiopia, Lesotho, Cuba, Bolivia, Venezuela, Iran, Italy, Spain, Brazil and Palestinian Liberation Organisation (PLO). Demonstrations at Smara refugee camp On the 18 May 2008, the Saharawi Prime Minister Mr Abdelkader Taleb Oumar welcomed and thanked the delegates for their continued support of the Saharawi people in their sacrifice to gain freedom and independence. He indicated that they will continue to engage Morocco until they achieve their independence. The celebrations included the following participants: Saharawi Union of Women School Parades Children of Sarahawi – young and older Military Parades 18 NOVEMBER 2008 PAGE: 280 of 292 The themes emanating from all the activities shown clearly the determination to fight for freedom and independence. Address by H.E. Mr Mohamed Abdelaziz, Secretary-General of the Frente POLISARIO and President of the Saharawi Republic The President began his speech by emphasising that the occasion was to commemorate the launch of a heroic and long struggle for liberation by the Saharawi people, and that the event was taking place in one of the liberated zones of the Saharawi Republic. He recalled the heroic resistance of the Zemla uprising of 1970 which gave birth to the inevitable launch of the struggle for self-determination under the Frente POLISARIO on 20th May 1973. The President stated that the struggle for self-determination of the Saharawi people continued despite persistent attempts by the Government of Morocco, to intimidate abuse and undermine ordinary Saharawi people through torture, detention and forced disappearances. In spite of such harsh treatment, the resolve and determination of the Saharawi people has remained steadfast throughout the years. Naming Morocco as the occupying power, President Abdelaziz used the occasion to among other things, called upon the international community to intervene, and urge Morocco to release Saharawi prisoners of conscience, account for more than 500 civilians that have disappeared and the release of 150 prisoners of war. Concomitant to this, the President called upon the international community, to mandate MINURSO to protect, observe and report on human rights violations in Western Sahara. He criticised the continued existence of the “Moroccan Wall”, which stands at 2500 kilometres in length, which not only divides the Saharawi people but results in huge human suffering due to landmines and anti-personnel mines planted along the wall. 18 NOVEMBER 2008 PAGE: 281 of 292 The President’s speech re-iterated that the dispute over Western Sahara is a conflict between colonialism, injustice and tyranny, pursued by Morocco, on the one hand, and the international legality and respect for the principles of the United Nations (UN) Charter on the other hand. As such, the UN and the rest of the international community, is duty-bound to defend international legality and support the cause of the Saharawi people in their pursuit for self-determination and to denounce colonialism that still persist into the 21st century. Historically, with the adoption of the UN-OAU Settlement Plan, the Frente POLISARIO has spared no effort in the struggle for a just and lasting solution in Western Sahara. Accordingly, the President used the occasion to renew Frente POLISARIO’s commitment towards finding a solution based on the respect for the principles of the UN Charter and any counter attempt, which seeks to override the legitimate rights of the Saharawi people, will not succeed. While remaining critical of the positions of Morocco that undermine the rights of the Saharawi people, he commended the positive stances taken by some Moroccan parties that respect these rights and further urged the Moroccan people to co-operate with the Frente POLISARIO in order to find mutual solution to the crisis on the basis of international law. While expressing his gratitude for the support from the Government of Spain, the President used the occasion to remind Spain of the need to take clear positions in support of self-determination in line with its moral and legal responsibility towards the Saharawi people. The President expressed his gratitude for the support and solidarity that the Frente POLISARIO has enjoyed from African Governments such as Algeria and South Africa as well as Latin American Governments such as Cuba, Venezuela and Brazil. He also appreciated the solidarity expressed by liberation movements from Africa, among others, the African National Congress (ANC), the Chama Cha Mapindouzi (CCM) of Tanzania and the South-West African People’s Organisation (SWAPO) of Namibia. He regarded the 18 NOVEMBER 2008 PAGE: 282 of 292 continued supports of these fraternal organisations and Governments as confirmation to the statement made by the South African President H.E. Thabo Mbeki that ”the freedom of Africa will be incomplete until Western Sahara has been decolonised”. Destruction of landmines Western Sahara is considered to be one of the most heavily land –mine affected regions in the world. After years of colonial and post-colonial conflict, land-mines and unexploded ordnance (UXO) litter the landscape. Estimates on the number of mines in Western Sahara range from 200,000 to ten million. The exact number and distribution of explosive remnants in the territory is not known, making the determination of resources needed to address the problem a matter of guess work. On the 21 May 2008, the delegates witnessed the destruction of 2000 landmines and other explosive remnants of war (including cluster munitions). The Saharawi Arab Democratic Republic (SADR) in conjunction with Landmine Action, a United Kingdom based non-governmental organisation executed this task. Since 2005, the SADR and the Landmine Action have been responsible for humanitarian de-mining activities on the east of the berm. Funding had been received from the government of the Federal Republic of Germany and the Princess of Wales Trust. Messages of support from the Foreign Delegates 18 NOVEMBER 2008 PAGE: 283 of 292 Messages of support and solidarity from foreign delegates, included the following: We resolve that: the respect for the principle of the decolonisation and legitimate right of self-determination of the Saharawi Arab Democratic Republic, with the inclusion of the option of independence; the centrality of the principle of international legality in the resolution of the conflict in the Western Sahara; the respect of human rights, especially in the occupied areas of the SADR as recommended by the UN High Commissioner for Human Rights; the immediate removal of the ‘Wall of Shame’ separating the Saharawi territory, which contains millions of landmines, including antipersonnel mines; pressure should be brought on Spain to fulfil its historical, judicial and moral responsibility with respect to its former colony of Western Sahara and call on the international community (especially the United Nations) to fulfil its obligations with regard to the inalienable right to self-determination and decolonisation of the Western Sahara. South Africa reaffirmed its support for the U N Resolutions 1754 and 1783 calling on parties to negotiate with the view of reaching a solution that guarantees the Saharawi people, their inalienable rights and self-determination. The U S and France should help in speeding up the process of the Western Sahara. The occasion was concluded by the final declaration calling on the international community, especially U N, to fulfill its obligations with regard to the peoples inalienable rights, self determination and the decolonization of the Western Sahara. Prime Minister address to South African delegates 18 NOVEMBER 2008 PAGE: 284 of 292 The Prime Minister of the Saharawi Republic, Mr Abdelkader Taleb Omar met with the delegation from South Africa. Prime Minister Omar thanked the support received from the delegates of South Africa and promise that Saharawi government would never forget the support and courage given by the government and people of South Africa. He observed that the POLISARIO Front had always been inspired by the heroic struggle for liberation of South Africa, under the leadership of the African National Congress, the oldest Liberation Movement on the Continent, led by great leaders such as President Nelson Mandela and the late Oliver Tambo. He further stated that when the time comes for Africa to receive a permanent seat in the UN Security Council, it should certainly be offered to South Africa, given its commitment to peace, security, stability and development of the Continent. The POLISARIO Front and Saharawi people will surely support such decision. The Prime Minister extended his warm regards to President Thabo Mbeki and Foreign Minister Nkosazana Dlamini-Zuma. Meeting with H.E Mr Maqethuka, South African Ambassador to Algeria On the 24th May the delegation met with the South African Ambassador to Algeria, Mr Maqethuka. The Ambassador outlined the programmes that the South African government will be assisting the Saharawi with: South Africa will sponsor a programme to assist with unplugging of landmines. Donations will be in the form of vehicles; 18 NOVEMBER 2008 PAGE: 285 of 292 South African Embassy was in touch with the Saharawi people from time to time; South Africa is treating Saharawi embassy as a separate mission from Algeria and There is a budget to deal with issues of health and sport. On Algeria, the Ambassador indicated that there were good political and economic relations between the two countries. Meeting with the Foreign Affairs Committee and the Speaker of Parliament in Algeria On the 28th May the delegation met with Members of the Algerian Portfolio Committee on Foreign Affairs. It was indicated that the Algerian government regards South Africa as its brother state. The same Committee previously met with Ms Baleka Mbete, Speaker of South African Parliament and Mr Job Sithole, Chairperson of the Portfolio Committee on Foreign Affairs in November 2007. It was said that South Africa and Algeria have a good working relationship but that it can be developed more at a multilateral level. As the founding members of NEPAD, both countries have contributed positively towards the independence of the Continent. There were women who fought for liberation in Algeria but they were still in prisons. It was acknowledged that, although South African democracy was still young, there was a large representation of women in Parliament compared to Algeria. In responding to concerns whether there was any policy or working plan on illegal immigrants, it was emphasised that South Africa was against any country that used terror to attack other countries. South Africa was somehow still battling with the definition of terrorism. South Africa does not promote 18 NOVEMBER 2008 PAGE: 286 of 292 housing people in refugee camps whether they were in the country legally or illegally. They all get integrated into the South African society. The Speaker of the Algerian Parliament indicated that the relations between the two Parliaments were growing, taking into cognisance the visits that have already taken place and those that were on the way. Conclusion The South African delegation had the privilege of meeting the President, Prime Minister, Foreign Affairs Committee and the Speaker of both Algeria and Western Sahara. The culmination of these courtesy calls took the form of expression of appreciation to the presence of the South African delegation and the continuance of the support which South Africa was giving them. The Saharawi people further encouraged South Africa to continue spearheading the solidarity critically sought by them in their struggle for freedom and independence. Observations The Saharawi people under the leadership of the POLISARIO Front are prepared to resort to the armed struggle if the current negotiations do not yield their desired outcome of decolonisation and self-determination that will lead to independence. The younger generation that grew up during the cease-fire are increasingly becoming disillusioned and impatient. They are prepared to take up arms any given moment. Such position is largely influenced by the resolution of the 2007 POLISARIO Front Conference, where the leadership was tasked to consider the merits of resuming the armed struggle 18 NOVEMBER 2008 PAGE: 287 of 292 There exists a need for the popularisation of the struggle for decolonisation of Western Sahara in the Continent and beyond. There was almost a total absence of the media from Africa in the South of Sahara, including South Africa, which has an international television channel dedicated to Africa news. Women and children were seen spending their days without doing anything constructive. There were no sporting or entertaining facilities and Members observed boredom, especially amongst the children. Camp situation has taken effect on all the people in the camps and it made the situation very painful to observe. Men were either truckers or in the army. International community were also assisting with donations. The delay in negotiations took too long and failure in reaching an agreement is frustrating. There were no proper sanitary facilities. There were many health problems like dust allergies and teeth infections. Health facilities were not easily accessible. There were those who feel that talks with Morocco were not taking them anywhere. Despite all hardships, the Saharawi people both young and old, men and women remain warm, dignified and committed to their cause, as their slogan proclaims: ‘Freedom or Martyrdom’. Recommendations The Committee recommends that: pressure should be put on Spain to discharge its duties of ensuring the smooth process of decolonisation of the Western Sahara; both South Africa and Algeria should work together to resolve the problems in the Western Sahara; 18 NOVEMBER 2008 PAGE: 288 of 292 trade links between South Africa, Western Sahara and Algeria should be strengthened; Parliamentary relations in the form of visits should be encouraged between South Africa, Western Sahara and Algeria; South African Missions in the European Union, especially Madrid, Paris, Brussels, the Hague and Rome should enhance the lobby for the decolonisation of the Western Sahara and work closely with the civil society/social movements that are sympathetic to the struggle of the POLISARIO Front; there is a need to engage the South African Broadcasting Corporation (SABC) to ensure that its reporters cover the issues concerning the Western Sahara, at a given interval, including those journalists posted abroad; and the forthcoming Summit of the African Diaspora, to be held in South Africa, should be utilised to invigorate and consolidate the support of the progressive international solidarity movement, social movements and the civil society organisations for the just cause of the Saharawi people. Report to be considered. 2. Report of the Portfolio Committee on Public Service and Administration on the nomination of National Public Service Commissioners, dated 14 November 2008: Parliament is obligated, in terms of Section 4(1) of the Public Service Commission Act, 1997 (Act No. 46 of 1997) to nominate National Commissioners to serve on the Public Service Commission. The nomination of the Public Service Commissioners was referred to the Portfolio Committee on Public Service and Administration, on the 29 August 2008, for consideration and report. 18 NOVEMBER 2008 PAGE: 289 of 292 The Committee advertised for three positions of National Public Service Commissioners on the 05 September 2008. The Committee received 218 applications. A multi-party sub-committee of the Committee was elected to conduct the short-listing and interviews for the Committee. The following candidates were short-listed and interviewed on the 12th and 13th November 2008: 1. Mr. G P Bogatsu, 2. Mr. V Clapper 3. Mr. M J Malahlela 4. Ms. N J Mxakato-Diseko 5. Ms. S S Nkosi 6. Ms. M J Ralefatane 7. Ms. S Rohan 8. Mr. M Solari 9. Ms. R Udit 10. Mr. D Van Wyk The sub-committee gave due consideration to candidates’ qualifications, experience, gender, disability, age and race during the process. The sub-committee reported its findings to the Portfolio Committee. The Portfolio Committee deliberated and consequently recommends the following persons for appointment as National Public Service Commissioners: 1. Ms. N J Mxakato-Diseko 2. Mr. M J Malahlela 3. Ms. S S Nkosi 18 NOVEMBER 2008 PAGE: 290 of 292 In the event that any of the above candidates is not available to serve on the Commission; the Committee recommends that the following candidates, in the order that they appear below, be considered for appointment: 1. Mr. G P Bogatsu 2. Mr. D Van Wyk Report to be considered. MONDAY, 17 NOVEMBER 2008 COMMITTEE REPORTS National Assembly CREDA INSERT REPORTS - TO81117e-insert1 – PAGES 2175-2189. TUESDAY, 18 NOVEMBER 2008 ANNOUNCEMENTS National Assembly and National Council of Provinces The Speaker and the Chairperson 1. Bills passed by Houses – to be submitted to President for assent 18 NOVEMBER 2008 (1) PAGE: 291 of 292 Bill passed by National Assembly on 18 November 2008: (a) Intellectual Property Rights from Publicly Financed Research and Development Bill [B 46D – 2008] (National Assembly – sec 75). TABLINGS National Assembly and National Council of Provinces 1. The Minister of Arts and Culture (a) Report and Financial Statements of Vote 13 – Department of Arts and Culture for 20072008, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 13 for 2007-2008. 2. The Minister of Water Affairs and Forestry (a) Report and Financial Statements of Amatola Water for the year ended 30 June 2008, including the Report of the Independent Auditors on the Financial Statements for the year ended 30 June 2008. (b) Report and Financial Statements of Umgeni Water for the year ended 30 June 2008, including the Report of the Independent Auditors on the Financial Statements for the year ended 30 June 2008. National Assembly 18 NOVEMBER 2008 1. PAGE: 292 of 292 The Speaker (a) Report of the Public Service Commission (PSC) on the Monitoring Fact Sheet on Complaints Lodged with the Public Service Commission during the 2007/2008 Financial Year – July 2008 [RP 197-2008]. (b) Report of the Public Service Commission (PSC) on the Founding Document on Organisational Performance Assessment in the Public Service – September 2008 [RP 263-2008]. (c) Report of the Public Service Commission (PSC) on the Consolidated Report on Inspection of Service Delivery Sites: Department of Education - September 2008 [RP 174-2008]. (d) First Report of the Rules Committee of the National Assembly, 2008: CREDA INSERT - T081118e-insert1 – PAGES 2206-2211 COMMITTEE REPORTS National Assembly CREDA INSERT REPORTS - T081118e-insert2 – PAGES 2213-2260.