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THURSDAY, 18 MARCH 2010
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PROCEEDINGS OF THE NATIONAL ASSEMBLY
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The House met at 14:06.
The Deputy 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.
NOTICES OF MOTION
Mr M B GOQWANA: Madam Deputy Speaker, on the next sitting day of the
House, I shall move:
That this House debates the state of readiness of our health
facilities and health professionals for the upcoming 2010 Fifa
World Cup.
Mr A M FIGLAN: Madam Deputy Speaker, I hereby give notice that on
the next sitting day of the House, I shall move the following motion
on behalf of the DA:
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That the House debates measures and the possible implementation
thereof by which government’s home-building programme can be
designed to take into account the needs of people who live with
disabilities, and possible solutions.
Mr M G ORIANI-AMBROSINI: Deputy Speaker, I hereby give notice that
on the next sitting day of the House, I shall move the following
motion on behalf of the IFP:
That the House -
(1) debates the need to promote the education of our children,
especially those in rural areas and conditions of poverty,
above the levels of skills, human development and education,
not only of their parents, but also of their teachers, so as
to ensure that the lack of human development caused by
oppression, colonialism and apartheid does not carry over to
the new generation born in freedom; and
(2) debates the need to cause the education of our children to
leapfrog into a future of modernity by giving consideration
to the possibility of providing each of our children with an
iPad or Kindle-type personal device which allows them to
receive, by radio signal, the very textbooks which the state
is now struggling and failing to deliver.
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Mr M L FRANSMAN: Madam Deputy Speaker, I hereby give notice that on
the next sitting day of the House I shall move:
That the House -
(1) debates the report on the National Student Financial Aid
scheme, announced by Minister Nzimande; and
(2) debates the issue of access to higher education institutions
for poor students.
Mrs J D KILIAN: Deputy Speaker, on behalf of Cope I hereby give
notice that on the next sitting day of the House, I shall move the
following motion:
That the House debates what appears to be a highly irregular
tender awarded by Transnet to a company by the name of GNS
Security Services, closely associated with the Minister of
Communications, Siphiwe Nyanda.
Rev K R J MESHOE: Deputy Speaker, on behalf of the ACDP, I hereby
give notice that on the next sitting day of the House, I shall
move the following motion:
That the House -
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(1) debates whether or not the singing of the struggle song “Dubula
ibhunu”, meaning “Shoot the boer”, undermines the process of
forgiveness, reconciliation and nation-building that the nation
is enjoying currently; and
(2) debates whether it has any relevance in the new democratic
order.
Ms E MORE: Deputy Speaker, I hereby give notice that on the next
sitting day of the House, I shall move the following motion on
behalf of the DA:
That the House -
(1) debates the problem of the insufficient number of doctors in
our health sector, in light of the fact that over the period
of 2004 to 2008 the number of doctors qualifying in South
Africa declined from 1 394 to 1 306 and the fact that 17% of
doctors leave South Africa after qualifying; and
(2) debates possible ways in which both government and the private
sector can rectify the situation.
Ms L D MAZIBUKO: Madam Deputy Speaker, I hereby give notice that I
intend moving, on behalf of the DA, the following motion:
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That the House -
(1) debates measures to curtail wasteful expenditure in light of
the high and growing rate of wasteful expenditure by this
government since its inception in May 2010, particularly
amongst government Ministers; and
(2) debates improved mechanisms whereby government can be compelled
to account for such expenditure.
ACCOLADES FOR SOUTH AFRICAN SWIMMER NATALIE DU TOIT
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Deputy Speaker, I move without
notice:
That the House -
(1) notes that on Wednesday, 10 March 2010, South African swimming
star, Natalie du Toit, won the 2010 Laureus Disability Award at
a star-studded ceremony in Abu Dhabi;
(2) further notes that the mission of Laureus is to use and promote
sport as a powerful mechanism for dealing with some of the
world’s toughest social challenges and that currently it has 78
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projects around the world that use sport as a means of tackling
some of the gravest social, economic and environmental problems
facing society today;
(3) recalls that in 2008 Natalie du Toit made history in Beijing by
becoming the first amputee ever to qualify for the Olympics,
where she finished 16th in the 10 km open water swim and that
she is one of only two athletes to have competed in both the
Olympic and Paralympic Games, and that she became the toast of
South Africa after winning five gold medals in the Paralympics;
(4) believes that the award she has received is in recognition of
the hard work, dedication and commitment to the sport that she
loves and the country that she represents; and
(5) congratulates Natalie on a job well done, because she has, yet
again, made South Africa proud by raising its flag in the
international arena.
Agreed to.
HIGH STANDARD OF DRINKING WATER IN SOUTH AFRICA
(Draft Resolution)
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The CHIEF WHIP OF THE OPPOSITION: Madam Deputy Speaker, I move
without notice:
That the House –
(1) notes with pleasure the announcement by the Minister of Water
and Environmental Affairs on 17 March 2010 that all 2010 Fifa
World Cup host cities comply with all requirements for the
supply of safe drinking water on a sustainable basis;
(2) further notes that the municipalities of Cape Town,
Johannesburg, Tshwane, Nelspruit and eThekwini have once again
been awarded Blue Drop certificates for maintaining a high
standard of drinking water purification and supply in 2010,
thus retaining their Blue Drop status first achieved in 2009;
(3) further notes that, compared to the previous Blue Drop
reporting period in 2009, the cities of Mangaung in
Bloemfontein, Nelson Mandela Bay, Polokwane and Rustenburg have
improved their operations with regard to the management of
drinking water, and that they were awarded Blue Drop
certification for the first time in 2010;
(4) extends its congratulations to the officials within these
municipalities whose hard work has been duly rewarded; and
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(5) expresses its confidence that these host cities shall ensure
that their visitors during the 2010 Fifa World Cup will be able
to enjoy drinking water of the highest quality.
Agreed to.
TRAGIC DEATH OF PUPILS DUE TO RECKLESS DRIVING BY HIP HOP STAR
(Draft Resolution)
Ms A MDA: Deputy Speaker, on behalf of Cope, I move without notice:
That the House –
(1) notes the tragic death of four pupils in Soweto last week,
which was as a result of a reckless and undesirable race by our
own South African hip hop star, Molemo Maarohanye, popularly
known as "Jub Jub";
(2) conveys its heartfelt condolences to the families of the
deceased and;
(3) ensures that measures will be put in place so that the South
African public is made aware of our commitment as the
Parliament of South Africa to making sure that justice is done
and prevails in this matter.
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The DEPUTY SPEAKER: I think that is a notice of motion and not a
motion itself, is it not?
Mr M J ELLIS: Madam Deputy Speaker, we keep coming back to the same
old problem. Certainly, the DA was not given a copy of that motion
without notice. It is very difficult for us to actually comment now
as to whether we support it or not. And I would prefer perhaps for
that motion to be withdrawn.
The DEPUTY SPEAKER: There is a practice that motions go to the Chief
Whips beforehand. That is why I am asking whether it is a notice of
motion that is coming. Is that the case?
Mrs J D KILIAN: Deputy Speaker, I will take it up with the relevant
member. Thank you.
The DEPUTY SPEAKER: Hon Kilian, are you withdrawing the motion? Is
that what you are saying?
Mrs J D KILIAN: Deputy Speaker, it seems to be a notice of motion,
but it should have been circulated before, so we’ll withdraw it for
now, yes. Thank you.
VOLKSWAGEN SA AWARDED BIG EXPORT CONTRACT
(Draft Resolution)
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The CHIEF WHIP OF THE MAJORITY PARTY: Madam Deputy Speaker, I move
without notice:
That the House –
(1) notes that Volkswagen South Africa has been awarded a
R12 billion component export contract, which will boost the
South African automotive component manufacturing industry;
(2) further notes that the contract is to supply the Volkswagen
Group with diesel particulate filters, DPFs, for the next five
years and that this is the biggest export contracts for a
single part ever awarded to the company;
(3) believes that the contract will secure over 100 jobs in the
Nelson Mandela Bay region in the Eastern Cape where 80 per cent
of the parts would be manufactured; and
(4) welcomes this initiative and believes that it will go a long
way in strengthening the automobile and components sector as
well as developing local industries and accelerating decent
work opportunities.
Agreed to.
TAXI OPERATORS STRIKING IN PROTEST TO BUS RAPID TRANSIT SYSTEM
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(Draft Resolution)
Ms H N MAKHUBA: Madam Deputy Speaker, on behalf of the Chief Whip of
the IFP, I move without notice:
That the House –
(1) notes that since Monday, 15 March 2010, commuters in Gauteng
have been left stranded as the minibus-taxi industry went on
strike boycotting the expansion of the Bus Rapid Transit
System;
(2) further notes that taxi operators have threatened violence and
have barricaded roads leading from Soweto and railway lines in
Soweto with burning tyres;
(3) further notes that the back window of a bus was smashed in
Eldorado Park and that there were attempts to burn a Rea Vaya
bus in Nancefield;
(4) condemns any act of violent behaviour; and
(5) calls on taxi operators and the government to work together in
order to come up with a solution that will be beneficial to
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both the taxi operators and the commuters who make use of
public transport.
Agreed to.
WORLD TUBERCULOSIS DAY
(Draft Resolution)
Mr N SINGH: Madam Deputy Speaker, on behalf of the IFP, I move
without notice:
That the House –
(1) notes that World Tuberculosis Day is observed on 24 March of
each year and that its aims are to unite hundreds of medical
and volunteer organisations across the globe to raise public
awareness on the need for immediate action against the disease,
prevention and elimination of this disease;
(2) further notes that tuberculosis remains a serious epidemic in
many parts of the world, leading to the deaths of approximately
1,6 million people each year, mostly in the Third World;
(3) recognises that World Tuberculosis Day not only draws attention
to tuberculosis as a worldwide pandemic, but also focuses
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attention on the fact that the disease can be cured if
researchers are able to find a cure or a worthwhile antidote;
(4) further notes that South Africa has recently been hard-hit as
the infections of TB have almost tripled because of our high
HIV rate; and
(5) calls upon South Africans to take responsibility for their
health and get themselves tested for tuberculosis as soon as
they suspect that they might have been infected with the
disease.
Agreed to.
RESIGNATION OF MR RAYMOND ACKERMAN AS CHIEF EXECUTIVE OFFICER OF THE
PICK ’N PAY GROUP
(Draft Resolution)
The CHIEF WHIP OF THE OPPOSITION: Madam Deputy Speaker, I move
without notice:
That the House –
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(1) notes that on 31 March 2010 Mr Raymond Ackerman resigned from
his position as chief executive officer of the Pick ’n Pay
group in favour of nonexecutive chairperson Gareth Ackerman;
(2) further notes that Mr Ackerman has been a pioneer within the
retail industry and that during the course of his career he
has accumulated an innumerable number of awards for both his
philanthropic work within South Africa and for his work
relating to Pick ’n Pay, which began in 1965 when he purchased
four small shops which he, over time, turned into the largest
and most lucrative retail supermarket chain in South Africa;
(3) recognises that during the 20th and 21st centuries Mr Ackerman
has played an extremely influential and essential role in the
growth and stimulation of the South African economy and has
assisted in the social upliftment of communities within South
Africa, through the work of the Ackerman Family Educational
Trust and the Raymond Ackerman Academy of Entrepreneurial
Development; and
(4) congratulates Mr Ackerman on his distinguished career, extends
its appreciation for his work and wishes him a peaceful and
well-deserved break.
Agreed to.
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SA ARMY HONOURS ITS LONG-SERVING MEMBERS
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Deputy Speaker, I move
without notice:
That the House –
(1)
notes that on Wednesday, 10 March 2010, the South African
Army honoured its long-serving members who spent 10 to 30
years in the service by awarding them medals as a token of
appreciation;
(2)
further notes that several medals were also awarded to
members who served as ambassadors in the Great Lakes area and
also to members who served in the war-torn DRC and Sudan;
(3)
recalls that our army played an important role in
peacekeeping in Africa and that their hard work paid off last
year when they were withdrawn from Burundi because peace and
stability had returned to that country;
(4)
further recalls that in the DRC, the army trained one of
their battalions that has already contributed to the peace in
that country; and
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welcomes the move to get the army to guard our borders as
their presence there has already contributed to the curbing
of illegal activities.
Agreed to.
TORCH OF PEACE INITIATIVE AND SAFER SCHOOLS CAMPAIGN
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Deputy Speaker, I move without
notice:
That the House –
(1)
notes that on Monday, 8 March 2010, the Torch of Peace was
handed over to the North West education department by the
Free State education department to mark the beginning of the
Safer Schools campaign;
(2)
further notes that the torch is intended to instil a strong
sense of humanity, preserve lives and avoid violence, crime
and accidents wherever possible;
(3)
realises that what happens at school reflects what goes on in
society and, therefore, interventions aimed at curbing the
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scourge of violence and harassment must start in schools if
they are to have a lasting impact;
(4)
believes that the Torch of Peace initiative recognises the
need to work together in confronting challenges faced by the
youth of today; and
(5)
welcomes this initiative and believes that it will contribute
to a safe learning environment and curb violence in schools.
Agreed to.
SITTING HOURS OF THE HOUSE
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Deputy Speaker and hon
Deputy President, I move the draft resolution printed in my name on
the Order Paper, as follows:
That the House, notwithstanding the hours of sitting provided for
in Rule 23(2), on Wednesday, 24 March 2010, sits from 10:30 until
adjournment.
Agreed to.
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SITTING HOURS OF EXTENDED PUBLIC COMMITTEES
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Deputy Speaker and hon
Deputy President, I move the draft resolution printed in my name on
the Order Paper, as follows:
That, notwithstanding the hours of sitting of the House as
provided for in Rule 23(2), the Extended Public Committees may sit
as agreed to by the National Assembly Programme Committee.
Agreed to.
AD HOC COMMITTEE TO CONSIDER AND REPORT ON PROTECTION OF INFORMATION
BILL
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Deputy Speaker and hon
Deputy President, I move the draft resolution printed in my name on
the Order Paper, as follows:
That the House appoints an ad hoc committee to consider and
report on the Protection of Information Bill, the committee to
-
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(1) consist of 17 members as follows: ANC 10; DA 2; Cope 1; IFP
1; and other parties 3;
(2) perform the functions listed in Rule 201(1)(a) and have all
the powers listed in Rule 138;
(3)
confer with the relevant Council committee; and
(4)
report by 7 May 2010.
Agreed to.
DEATH OF ANC VETERAN AND ANTI-APARTHEID STRUGGLE STALWART FATIMA
MEER
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Deputy Speaker and hon
Deputy President, I move the draft resolution printed in my name on
the Order Paper, as follows:
That the House -
(1) notes that ANC veteran and anti-apartheid struggle stalwart
Fatima Meer died on 12 March 2010 at the St Augustine’s
Hospital in Durban at the age of 82;
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(2) further notes that her political career started in 1944 at the
tender age of 16 when she helped raise £1 000 for famine
relief in Bengal and that she, like thousands of Indians, two
years later was swept up by the 1946 Indian Passive
Resistance Campaign, which was the most dramatic show of
militant antigovernment action in South African history and
in 1955 became a founding member of the Federation of South
African Women, the women’s organisation that organised the
famous antipass march on the Union Buildings in Pretoria in
1956;
(3) recognises that she was a selfless leader, who in 1976 was
arrested and detained, together with other women, including
Comrade Winnie Madikizela-Mandela, who remained her friend and
comrade until the end, and that after Fatima’s release from
detention, she was restricted to the Durban area by the
apartheid regime, a restriction she contravened in order to
advance the struggle for liberation;
(4) further recognises that in 1980 she was one of the vocal
Indian revolutionaries who mobilised and fought against the
tricameral system of Parliament, because she felt it was a
shame for African people to be left out of Parliament any
longer and therefore criticised the structural arrangements of
Parliament into three houses;
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(5) recalls that Fatima was a prolific academic who started to
lecture in sociology at the University of Natal where she was
the first black woman to be appointed as a lecturer at a white
South African university and that she was also a writer, with
two of her books being the compelling Trial of Andrew Zondo,
the story of an executed ANC guerrilla, and Higher than Hope,
an uncritical biography of Nelson Mandela;
(6) acknowledges that the role Fatima and her husband, Dr Ismail,
played in cementing the relationship between the National
Indian Congress and the African National Congress in the 1940s
cannot be underestimated; and
(7) conveys its heartfelt condolences to her family, friends and
comrades in the African National Congress and the alliance.
Agreed to.
The DEPUTY SPEAKER: The condolences of the House will be conveyed to
the family and to all concerned.
Mr M J ELLIS: Madam Deputy Speaker, I rise because I feel it would
appear that the hon Trevor Manuel has been deposed as a Minister as
he is looking for a seat in the back benches. I wonder who is going
to help him. [Laughter.]
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The DEPUTY SPEAKER: Order! I am sure, when we go to break later,
that the hon Manuel will tell you why he is standing.
INCREASED SUPPORT FOR ANC SINCE GENERAL ELECTION
(Member’s Statement)
Mr G D SCHNEEMANN (ANC): Madam Deputy Speaker, we as the ANC have
succeeded in consolidating and building on our support base since
the 2009 general election. Support for the ANC currently stands at
71% of eligible voters.
After the election a sociopolitical trend survey was conducted by
Ipsos Markinor as part of the “Pulse of the People” public opinion
series, the findings of which confirmed what we have known all along
– support for the ANC and for our President is growing tremendously.
[Applause.] According to the findings, seven out of 10 South
Africans chose the ANC on the ballot paper.
In this survey people were also asked to rate political leaders,
including President Jacob Zuma, on a scale from 0 to 10, where 0
means “totally against” and 10 means “totally in favour of”.
President Zuma’s rating increased over the past six months from 6,1
out of 10 – which was measured in April 2009 – to 7,6 out of 10.
[Applause.] This rating increased not only amongst black people, but
also showed a significant increase amongst minority groups.
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This proves beyond any doubt that the people of South Africa have
confidence in the ANC and in President Jacob Zuma’s ability to lead
the country. We will support the President in making 2010 a year of
action. Together we can do more. I thank you. [Applause.]
The DEPUTY SPEAKER: Hon members, can I ask: When you clap, you are
eating into the time of the speaker, and it is only one and a half
minutes.
POOR ROAD MAINTENANCE IN EKURHULENI METRO
(Member’s Statement)
Mr M WATERS (DA): Madam Deputy Speaker, the ANC-led Ekurhuleni Metro
is lurching from one delivery crisis to another. The metro has
acknowledged ...
Mr A M MPONTSHANE: Madam Deputy Speaker, I remember you once ruled
that members of the gallery should not participate in clapping.
Thank you.
The DEPUTY SPEAKER: That is still the case. Members of the gallery
are observers, and they do not participate in the proceedings of the
day. Thank you. Hon member?
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Mr M WATERS: Thank you, Deputy Speaker. The ANC-led Ekurhuleni Metro
is lurching from one delivery crisis to another. The metro has
acknowledged that there are at least 800 reported potholes in the
Kempton Park area alone and that at least R50 million will be needed
to repair these potholes. Some potholes are 10 metres wide and 20
centimetres deep. In fact, last week a municipal refuse removal
truck fell into a pothole and could not get out, and had to be
pulled out by another refuse removal truck.
The consequences of failed ANC policy and cadre deployment are daily
occurrences for the drivers and commuters of Ekurhuleni, with
drivers having to swerve continuously across roads in order to
prevent their vehicles from being damaged.
Unless the ANC-led metro council starts taking drastic and immediate
action to repair our roads, we will soon pass the tipping point
where the cost of repair becomes unmanageable. This is a direct
result of the ANC-led government’s lax attitude towards effecting
maintenance. [Interjections.] No, you fix it; you are in power
there!
The typical cost of maintaining roads where maintenance is done
timeously, is R100 000 per kilometre. If the road is left for three
years, the cost rises to R600 000, and if the road is left for a
further five years, it will rise to R1,8 million per kilometre. A
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bad road also costs motorists twice as much in time, safety and
operational costs as a good one, not to mention road fatalities.
It is high time the ANC in Ekurhuleni rolled up its sleeves and
started delivering. I thank you. [Applause.]
ABUSE OF POWER BY VIP PROTECTION UNIT
(Member’s Statement)
Mr M E GEORGE (Cope): Madam Deputy Speaker, we in Cope call on the
Ministers in the security cluster once and for all to stop the
abuses of power by the VIP unit. We condemn the latest human rights
violations and attempts to suppress media freedom in this country in
the strongest possible terms.
A mere three weeks after a UCT student was bullied and detained by
the President’s VIP officers, a young reporter from Radio 702,
Tshepo Lesole, was manhandled and his photos erased by the same VIP
unit. A Mail & Guardian reporter was earlier detained for taking
pictures of the President’s house and then the ANC Youth League
spokesperson, Floyd Shivambu, threatened to disclose information
that could only have been illegally obtained from state sources.
Madam Deputy Speaker, the question is: What happened to our free,
democratic society, with media freedom expressly protected by the
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Constitution? Cope wants to call on those Ministers in the Cabinet
who made so many sacrifices during the protracted struggle for the
liberation of our country and our people to speak up against these
abuses of power. Cope will submit questions on the conduct of the
VIP unit to Parliament. [Time expired.] [Applause.]
DA PERPETUATION OF WHITE PRIVILEGE AT ITS RECENT CONFERENCE
(Member’s Statement)
Mr M L FRANSMAN (ANC): Adjunkspeaker, ’n jakkals verander van hare,
maar natuurlik nie van snare nie. [Deputy Speaker, a leopard cannot
change its spots.]
At its federal congress, the DA probably showed its true colours
during the provincial leadership elections. Despite its claims of
being true to the policy of “the best man for the job”, or, put
differently, “fit for purpose”, in reality its practice demonstrates
commitment to the precept of the best white man for the job. This is
the level of hypocrisy that the DA subscribes to and hopes to
continue to dupe the electorate into believing.
In fact, as we’ve seen more recently in the provincial cabinet of
the Western Cape, 6 to 7 out of 11 members are white. But, more
recently, the federal council of the DA in the Western Cape - four
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out of the top five in that executive - still portrays the old nonnonracial agenda.
Therefore we are telling other members and people of this country
that we should not move back to the past but, in fact, we should
move into the future in creating a nonracial, nonsexist and
democratic society. [Applause.]
PROBLEMS AT PRINCE MSHIYENI MEMORIAL HOSPITAL AND KING EDWARD VIII
HOSPITAL
(Member’s Statement)
Mrs H S MSWELI (IFP): Madam Deputy Speaker, recent newspaper reports
have revealed that some KwaZulu-Natal hospitals are experiencing a
range of problems. The disappearance of a baby from the mortuary at
Prince Mshiyeni Memorial Hospital is one sad case. The body of
Zinhle Shabane’s newborn baby disappeared without trace after there
was no one to receive it at the mortuary.
The Mail & Guardian has listed many other problems that cause poor
service delivery and compromise the health of patients at the Prince
Mshiyeni Memorial Hospital and at the King Edward VIII Hospital.
The Department of Health should acknowledge the fact that a staff
shortage is the major cause of these problems. In rural hospitals
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there is also not enough staff to deal with the backlogs. It is
unfair for the department to expect staff working under these
abnormal constraints to cope. We believe the problems facing our
health centres are structural and that they therefore need the
intervention of the Minister and his department. I thank you.
WORLD BANK LOAN FOR SOUTH AFRICA
(Member’s Statement)
Mr L W GREYLING (ID): Madam Deputy Speaker, the ID understands the
importance of the World Bank loan for South Africa. We know that we
desperately need this money for the completion of the Medupi Power
station, the construction of a concentrated solar thermal power
plant, and a wind farm. However, what is even more important to the
ID is to ensure that there is clean governance in our electricity
sector, and that the ANC does not profit from government contracts
or have a vested financial interest in a coal-based future.
It is for this reason that last week the ID wrote to the World Bank
demanding that it should not give the loan to South Africa unless
Chancellor House divests its shares in Hitachi Power Africa. The ID
will stop at nothing to ensure that the ANC, through its front
company Chancellor House, is not allowed to make billions of rand
from our electricity build programme.
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It is a bitter irony that we have to resort to the World Bank to get
the ANC simply to live up to its word when it stated two years ago
that it would divest these shares. It has also been farcical to
watch some members of the ANC trying to defend the indefensible.
This sorry debacle once again points to the need for comprehensive
legislation regulating political party funding in South Africa. The
ID will now step up its campaign to ensure that this finally
happens. I thank you. [Applause.]
TREATMENT OF CHURCHES IN KHAYELITSHA, CAPE TOWN
(Member’s Statement)
Adv Z L MADASA (ANC): Deputy Speaker, the ANC is gravely concerned
about the alleged repulsive treatment of churches in Cape Town’s
African township by the Cape Town municipality and the Western Cape
provincial government. The Cape Town municipality and the Western
Cape provincial government have been demolishing church structures,
and this is a matter that we witnessed as MPs. They have also been
evicting church members from schools and community halls which have
served as their temporary places of worship.
This is despite an agreement made just before the elections between
the leaders of these churches and the then mayor Madam Helen Zille.
This agreement was organised by the Western Cape Case Management
Forum, the WCCMF. In terms of this agreement Madam Zille agreed,
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just before the elections, that the onslaught against the churches
would be halted until alternative settlement had been identified.
The ANC is of the view that the city and the provincial government
should rather be partnering with the religious communities,
particularly black churches, to deal with poverty, crime, drug abuse
and HIV and Aids, rather than waging an onslaught against them.
Therefore the ANC, through the Chief Whip of the Majority Party Dr
Mathole Motshekga, has submitted a formal request to the SA Human
Rights Commission to conduct an investigation into complaints of
gross human rights violations conducted by the City of Cape Town.
The ANC trusts that the commission will take appropriate corrective
measures to bring relief to these communities. I thank you. [Time
expired.] [Applause.]
INDUSTRIAL POLICY ACTION PLAN
(Member’s Statement)
Mr M G ORIANI-AMBROSINI (IFP): Mr Speaker, Parliament is engaged in
deliberations on the Industrial Policy Action Plan. Most of the
industry which appeared at the public hearings, as well as trade
unions, called for subsidies, export credits, high tariff import
areas, privileged procurement practices, and monopolistic and
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dominant market positions, in order to maintain their viability and
employment levels.
This is the flipside of the announcement that the Chief Whip gave us
about the BMW contract. Neither the fiscus nor consumers have
sufficient money to pay for all these protectionist measures, which
unavoidably result in higher state expenditure and consumer prices.
Our government should rather focus on identifying one or two
industries which, through massive and focused state assistance and
intervention, can be turned into winners, capable of producing goods
and services for the entire world. The global factory is the new
dimension of manufacturing in the post-Depression economic
environment. These should become the focus of the Department of
Economic Development, so as to follow the Taiwanese model of
development.
Let us have a rendezvous with history, by readying ourselves to meet
biotechnology where it will be in 10 years’ time, rather than a
thousand unsustainable subsidies. Let us invest in a Silicon Valleytype biotechnology park, funded by government, to become the
catalyst for the incubation and the development of such an industry,
with shared government-funded facilities for research and
development, laboratories, product commercialisation, and purchasing
of foreign technology for domestic investment.
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By taking bits and pieces from the Department of Trade and Industry,
the Department of Economic Development is adding no value but is
creating problems, such as removing Khula Direct from the same
administrative functional line to which the National Empowerment
Fund, NEF, belongs.
The SPEAKER: Hon members, just for your information: In case more
members are curious as to why Minister Manuel is not seated in his
usual seat, the Minister recently underwent a back operation, and
arrangements are being made for him to sit where he is standing.
[Laughter.]
INTEGRATED ENERGY CENTRE IN EASTERN CAPE
(Member’s Statement)
Mrs B TINTO (ANC): Speaker, on 27 February 2010, the Department of
Energy, jointly with Sasol, hosted a sod-turning event for the
setting up of an integrated energy centre in Qunu, Eastern Cape. The
opening of the integrated energy centre gave credence to the ANC-led
government’s commitment to ensuring access to affordable and
reliable sources and the long-cherished dream of diversifying energy
sources towards increased utilisation of alternative energy
carriers.
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Access to energy sources is critical in ensuring that we eradicate
energy poverty, which has dogged our communities. Consistent with
the ANC-led government’s stance on achieving social justice, access
to diverse energy sources remains paramount in ensuring that we
build sustainable communities. In order to ensure increased access
to nongrid energy sources in rural communities, partnerships between
government and the private sector are the way to go.
The ANC-led government will continue to be resolute in eradicating
energy poverty in the rural areas of South Africa, by using the
integrated energy centre as a tool for access to affordable energy.
We also commend Sasol for its commitment in ensuring access to
energy sources in our rural areas. We also call on other companies
in the energy sphere to follow suit. I thank you. [Applause.]
CONTRACTORS PAID IN MOPANI DISTRICT MUNICIPALITY FOR WORK NOT DONE
(Member’s Statement)
Mrs D VAN DER WALT (DA): Speaker, the Mopani District Municipality
in Limpopo, under the ANC, is in a sorry state of affairs. It has
emerged that funds, provided by the Department of Water and
Environmental Affairs to sink boreholes in the municipality, were
paid to contractors at prices up to 10 times more than the market
price.
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After an inspection by the department, no boreholes were found to
have been sunk. To make matters worse, a contractor was apparently
paid R1,8 million for a sewerage booster pump station to improve
sewerage pond overflow, but shock and horror: On investigation by
the Department of Water and Environmental Affairs, no pond was
found. In fact, there is no space for a pond.
The DA is in possession of documentation that shows that an
instruction was given to a contractor, BMK Electronics, to perform
emergency work at various water treatment works and an
acknowledgment by the municipality that the work was completed. The
municipal manager, Mr M Maake, disputes having given the instruction
to contractors to do this work, but where is the money?
The DA calls on the Auditor-General and the Public Protector to
investigate the allegations of money paid to contractors in the
Mopani District Municipality for work that has not been completed.
The people of Giyani and the surrounding towns in the district of
Mopani have a right to receive the service delivery that has been
promised to them. There is a very urgent need for accountability
from all officials in this municipality. Thank you. [Applause.]
DYSFUNCTIONAL PUBLIC SCHOOLS SUFFER UNDER UNION POLITICS
(Member’s Statement)
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Mr L S NGONYAMA (Cope): Speaker, the public education system is at a
crossroads. It is failing the poorest of the poor who rely on public
education. The upper and middle class can escape public schools and
send their children to private schools. The Minister of Basic
Education has admitted that 80% of the public schools in the country
are dysfunctional.
Cope, therefore, calls on Minister Motshekga to take a firm stance
in favour of quality education for all children and against the
bullying tactics of the ANC-aligned SA Democratic Teachers’ Union,
Sadtu. The Sadtu proposal for a 100% increase in the threshold for
participation in the Education Labour Relations Council is clearly
aimed at emasculating all other teacher unions. If implemented, it
will turn this council into just another arena where the feuding
alliance partners will fight it out. This will have devastating
consequences for our democracy.
Minister, we call on you to deal with the matter with the urgency it
deserves, as it begins to undermine the Constitution of our country.
I thank you.
WORLD MATHS DAY
(Member’s Statement)
Mr J J SKOSANA (ANC): Hon Speaker, the ANC views World Maths Day as
an important day – a day to celebrate international numbers when
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children try to set a record in answering arithmetic questions. They
participate at home and at schools against other students around the
world in live games of mental arithmetic.
World Maths Day was launched in March 2007, and uses the Internet to
unite school students around the globe and to set a world record by
answering more than 10 million mathematics-related questions in 48
hours.
South Africa’s poor scores in international assessments of numeracy
prompted the ANC to launch the Foundations for Learning campaign a
year ago, with a call to schools to focus on reading, writing and
calculating.
This internationally acclaimed competition was hosted this year on 3
March by Johannesburg - a world-class city with an African soul. We
were very exited to host this event, especially since this is such a
big year for South Africa.
The World Maths Day competition endorses the importance of quality
mathematics education. Encouraging learners to enjoy mathematics is
vital, and this competition offers a wonderful opportunity to do
just that. This is in line with the ANC’s commitment to improving
the quality of schooling, particularly performance in mathematics,
science, technology and language development.
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The ANC congratulates our three World Maths Day ambassadors: Romeo M
from Pridwin Preparatory School, Daniel H from St Stithians Boys’
Preparatory School, and Lunë S from Midstream College Primary
School. They are 11, 12 and 13 ... [Time expired.]
FEE INCREASES IN FISHING SECTOR
(Member’s Statement)
Mr G R MORGAN (DA): Speaker, the planned increases, as they stand,
for rights, permits and licences in the various fishing sectors are
exorbitant and unjustifiable. The gazetted notice published in late
January suggested that the already hard-pressed South African
consumer would now be burdened by fee increases in the commercial
and the recreational fishing sectors that, in some cases, are higher
than 400%.
The outrage of fishers against the proposed increases has been
considerable. In KwaZulu-Natal alone, DA public representatives
collected the signatures of 2 200 fishers who oppose the proposal.
In total, 300 000 recreational fishers are affected by these
proposals.
After some public consultation, it does seem like sanity will
prevail and that government will rethink the proposals. If this is
the case, then it is important that the Minister of Water and
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Environmental Affairs or the Minister of Agriculture, Forestry and
Fisheries - whoever takes over the fisheries function on 1 April says publicly that the gazetted proposals will not be implemented.
While one might argue that some of the fees currently used are too
low, the proposed increases in fee prices, as originally presented
in January, were not accompanied by any justification and
methodology. Whether the January proposal is maintained or a new
proposal is tabled, Marine and Coastal Management, MCM, must give
the public an explanation of what they hope to achieve by the
increase in permit fees.
Most notably, could the public be assured that MCM will fulfil all
of its functions to an acceptable standard, and will it improve the
ongoing engagement with stakeholders in the spirit of co-management?
Marine and Coastal Management must produce a peer review study to
publicly set out the full methodology and conclusions which justify
any proposed increases. They must produce a proper financial
assessment that will stand up to public scrutiny as to the impact
the increases will have on job losses and sustainable livelihoods. I
thank you. [Applause.]
COMMUNITY POLICE FORUMS
(Member’s Statement)
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Ms A VAN WYK (ANC): Hon Speaker, community police forums, CPFs, were
established to ensure that there is consistent interaction between
the local police station and the community it serves. A CPF is a
legitimate forum for the community to raise challenges and to make
inputs into the priorities of the station.
Community members can provide valuable information that can lead to
the arrest of the people after crimes are committed. Communities can
also assist in providing intelligence that can lead to the
prevention of crimes. There are many success stories, and where CPFs
are functioning well and enjoy a good relationship with the police,
crime in the area comes down.
The Minister indicated that he was looking at proper funding for
CPFs to further strengthen their work and increase their impact in
the fight against crime. In the Western Cape, under the leadership
of the longing-for-the-past and anti transformation DA, the premier
decided to stop funding community police forums. This is a serious
indication of a lack of understanding of the complexities of the
fight against crime.
The DA and the premier will have to take responsibility for the
negative impact that this decision will have on the progress that
the police make in the fight against crime in the Western Cape. As
the ANC in the Western Cape, we would like to urge the Minister to
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intervene in this matter, and to assist all responsible citizens of
the Western Cape in stopping this process.
We believe the DA’s decision to start neighbourhood watches in the
place of CPFs will lead to problems. No formal framework exists that
can regulate the interaction between the police and the
neighbourhood watches. The existence of CPFs empowers the people,
and the ANC cannot allow the DA in the Western Cape to create an
island where our people become second-hand citizens, as with the
building of toilets. [Applause.]
The SPEAKER: Order! The PAC has not been able to use its opportunity
or slot. Does the ANC wish to take the slot?
MORETELE OFFICE PARK
(Member’s Statement)
Mrs J M MALULEKE (ANC): Hon Speaker, on 1 March 2010, the North West
department of public works handed over the Moretele Office Park to
various departments to assist Moretele residents, as most of the
offices were affected by the cross-border issue.
The people of the Moretele Local Municipality thank the government
of the ANC for bringing services to the people as promised. Chief
Mathibe and Chief Makapan, who are known supporters of the UCDP,
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publicly congratulated the ANC government on bringing about these
services. As the ANC, we congratulate the Makapanstad United Taxi
Association on supporting the government by opening the route for
the people of Maubane, Greenside, Potoane, Thulo and Prieska to
enable them to also be able to access the services.
The offices were a contract of the Expanded Public Works Programme.
Forty-eight people were employed: 38 females and 10 males. These
offices are occupied by the department of public works, and by
social services, health, education and agriculture, conservation,
arts and culture, home affairs, etc.
Despite the many challenges we face as the ANC government, we will
always try our best to bring services as close to the people as
possible to ensure that the services rendered help to improve the
lives of the people, especially the poor. Thank you, Chair.
[Applause.]
INDUSTRIAL POLICY ACTION PLAN
(Minister’s Response)
The MINISTER OF TRADE AND INDUSTRY: Speaker, I would like to respond
to the question or statement made by the hon Oriani-Ambrosini, and
say that whatever may or may not have been presented in the
hearings, it is not the intention of the government to deploy vast
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subsidies to support a myriad of industries across the country that is not the thrust of the Industrial Policy Action Plan. Rather,
our approach is to work with industry and with labour to identify
key bottlenecks that we need to overcome in a defined range of
industries, taking some account of the complexity in the industrial
processes in the country.
One of the main focuses, in fact, is on the thorough transformation
of the industrial financing mechanism, precisely so that we don’t
have to deploy subsidies on a continuous basis with regard to
various industries. The hon member is part of the portfolio
committee and we look forward to having an opportunity to engage in
a systematic way with the report of the portfolio committee when it
emerges.
As far as the remarks he has made about the relationship between our
department and that of Economic Development, I think the hon member
doesn’t seem to understand that while we have agreed to a series of
transfers of functions between our departments, we have actually
also done that in the context of the creation of a symbiotic
relationship, which is reaching beyond silos, and which I think is
setting a new tone of co-operative working together within
government. He clearly doesn’t understand that, but I think that
there would be some clarity as we engage on the Budget Votes of the
different departments. Thank you very much.
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WORLD BANK LOAN FOR SOUTH AFRICA
(Minister’s Response)
The MINISTER OF ENERGY: Mr Speaker, I just want to respond to the
question or statement made by the hon Greyling on the World Bank
loan. I want to say that it is really painful and disappointing to
have an hon member of this House indicating publicly that he wrote
to the World Bank demanding that they not approve the Eskom loan,
primarily because I believe that this high level of unpatriotic
behaviour is an indication of the lack of care that we have in
parties that are sitting in this House. [Interjections.]
I have never seen this lack of empathy for low-income-level people,
our poorest of the poor, who, if we don’t get the World Bank loan,
will carry the brunt of the tariff, because we’ll have to make sure
that ... [Interjections.]
The SPEAKER: Order, hon members! Order!
The MINISTER OF ENERGY: We will have to make sure that we then take
money from other services to be able to fund the Eskom programmes. I
believe that if we really care about the very people who voted for
us to be in this House, we would be able to understand why it is
important that we get sponsorships as well as loans for Eskom.
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I also want to indicate here that it is important that we understand
that the World Bank loan is not just any ordinary loan. It is also
intended to make sure that we can have renewable energy, the clean
technology we are talking about, so as to make sure that we
diversify our energy mix, to ensure that we can desist from an
overreliance on fossil fuel.
Regarding the issue that the hon member also raised about Eskom and
Hitachi, I think it is important that we understand that Eskom was
going to be carrying the responsibility for these contracts
irrespective of the configuration of the consortiums that have the
contracts to build the Medupi power station. But I also want to
indicate that the ANC ... [Time expired.] [Applause.]
POOR ROAD MAINTENANCE IN EKURHULENI METRO
COMMUNITY POLICE FORUMS
(Minister’s Response)
The MINISTER OF POLICE: Speaker, there is continual interaction
between the media houses represented by the SA National Editors’
Forum, Sanef, and the police so that we clarify what the do’s and
don’ts are. Much as there are do’s and don’ts in the journalistic
fraternity, so you will find in the police.
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I just want to say on the abuse of roads, as the member said, that
perhaps it would be good for him to set an example: If one drives a
Q7, one must respect the roads and respect the people who are using
the roads - from where one comes from to Parliament. That would help
a lot. That’s where abuse comes in. [Laughter.] [Applause.]
On the issue of community police forums, I just want to say that
we’ll ask everybody and request everyone to ensure that communities
are mobilised in the structures in the fight against crime, because
if we create a vacuum there, anybody who takes a decision to do that
would be liable for any criminal activity which happens in that
particular area. I have noted what the member has said. Thank you
very much.
POOR ROAD MAINTENANCE IN EKURHULENI METRO
DA PERPETUATION OF WHITE PRIVILEGE AT ITS RECENT CONFERENCE
CONTRACTORS PAID IN MOPANI DISTRICT MUNICIPALITY FOR WORK NOT DONE
(Minister’s Response)
The MINISTER FOR CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS:
Speaker, on the issue of potholes, I want to request Mr Waters to
stop politicising service delivery, because it is us ...
[Interjections.]
The SPEAKER: Order, hon members! Let the speaker be heard.
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The MINISTER FOR CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS: It
is us, through the state of local government reports, who identified
these challenges and problems.
The reason I say he must stop politicising this issue is because
there are so many potholes in the Western Cape, even in the parts of
the other municipalities under the DA. [Interjections.] We have the
reports, and we are saying it is important that we focus on the
issues at hand and stop politicising, because we are pretending that
municipalities under the DA are good municipalities.
Let me move to the issue of cadre deployment. In the Cape Town
Metro, you have 18 000 workers. One hundred and thirty of them, at a
management level, were employed by the ANC. The last batch that is
being removed – hounded - is going at the end of this month.
[Interjections.] All bright black people are being removed by the
DA, because they want to put their people in these positions. What
do you call that? That is cadre deployment. [Applause.]
Speaker, I want to conclude ...
The SPEAKER: Order, hon members!
The MINISTER FOR CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS: I
want to conclude by saying that on the issue of the boreholes in
Limpopo, we will be able to follow up on that issue, because the
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ANC, as an organisation, does not support corruption. We want to
uproot it wherever it exists. [Interjections.] [Applause.]
In the past, the hon member came forward with the issues and we did
attend to them, but now she is playing politics — she is in the
gallery - by raising these issues without following the procedures
that we have developed between us and her party. We would like to
ask the member to raise the issues with us in future, and we will
attend to them as we usually do. Thank you. [Applause.]
DYSFUNCTIONAL PUBLIC SCHOOLS SUFFER UNDER UNION POLITICS
WORLD MATHS DAY
(Minister’s Response)
The MINISTER OF BASIC EDUCATION: Speaker, on the SA Democratic
Teachers’ Union’s proposal to increase the threshold to qualify in
the labour relations council, the matter is still to be tabled
formally. Therefore, it is quite difficult to engage on it, hon
member. [Interjections.] It is not sub judice. It is still not
formal; it is rumoured elsewhere. Speaker, I think it will be quite
useful for members to resist or desist from using our challenges in
education as an excuse for any fights or threats that they may have.
I suspect the member from Cope is concerned about the rumoured
ambitions of Mr Madisha to form a teachers’ union and this is about
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to ... [Interjections.] But the matter is quite serious. As I was
saying to the member, let’s engage on the issue when it arises,
because it is quite serious, and then let’s engage when it is
formally tabled.
As a department we would like to support the second point, which was
raised about the maths day. In fact, all of us here in our
constituencies should begin to excite our children around maths and
all the gateway subjects. Therefore, we do welcome the statement,
and we wish all members would also use this opportunity to excite
members through their constituency offices. Thank you. [Applause.]
TREATMENT OF CHURCHES IN KHAYELITSHA, CAPE TOWN
(Minister’s Response)
UMPHATHISWA WEZEMISEBENZI: Somlomo, i-DA ikhangeleka
njengengqokelela yabantu abangakwaziyo ukulawula. [Kwahlekwa.]
Bayabhatyaza, bayabhutyuza, bachitha iicawa, bachith’ amangcwaba,
bakha nezindlu zangasese ezingagqumekanga ezidala ukuba abantu babe
kwampengempenge xa besiya ngasese. Linye ke icebo; abantu baseKapa
mabakhuphe i-DA esihlalweni. Yeyona nto iza kusinceda leyo.
[Kwaqhwatywa.] I-DA ngumbutho wabacinezeli, oonomgogwana
noovukayibambe; masiyihlome ihlasele kuphela. [Kwaqhwatywa.]
(Translation of isiXhosa paragraph follows.)
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[The MINISTER OF LABOUR: Speaker, the DA appears to be a bunch of
people who cannot govern. [Laughter.] They are just incoherent and
inefficient. They are demolishing churches, desecrating graves,
constructing open-air toilets that do not allow for privacy. There
is only one solution: The community of Cape Town must remove the DA
from government in the Western Cape. That is the only thing which
will help us. [Applause.] The DA is a party of oppressors,
illegitimate and disorderly leaders. Let’s mobilise and overthrow
it. [Applause.]]
ABSENCE OF THE PRESIDENT FROM PROCEEDINGS, AND ALLOCATION OF TIME TO
PARTY BRINGING MOTION OF NO CONFIDENCE
The SPEAKER: Hon members, before we proceed with this motion, I
would like to refer to a question that was raised during the
programming committee meeting this morning regarding the absence of
the President in the House today. Members may recall that today the
President was initially expected to respond to questions. However,
owing to an international commitment, the date for questions to the
President was moved, by agreement, to 24 March.
Therefore the President could not be in the House today. In any
event, there is no requirement in the Constitution or the Rules for
the President to be present when a motion of no confidence in him is
being considered by the House. I now wish to invite the hon Dandala
to address the House. [Applause.]
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Mr M J ELLIS: Mr Speaker, I rise on a point of order: Before the hon
Dandala starts, if I may, sir, it would appear from the speakers’
list that Cope has been given a total of four minutes in this
debate. Now, there is a long-standing convention in this House,
going right back to 1994, which says very clearly, and has always
been understood, that the party that proposes a motion will be given
extra time. In fact, Mr Speaker, that time has usually been in the
region of 10 minutes.
I believe it is a fatal flaw in this debate, and I cannot think of
any reason why it should have happened — why Cope has not been given
additional time in this debate — other than that the ANC wishes to
shut Cope down. [Interjections.]
The SPEAKER: Order, hon members! Hon member, you know as well as I
do that the allocation and management of speaking time is the
responsibility of the Whips. Whips are indeed employed as such for
the smooth functioning of the House. It is not for the Speaker to
interfere with the allocation of time. It is the responsibility of
the Whips. [Applause.]
Mr M J ELLIS: Mr Speaker, may I address you on that, please, sir?
There has always been an agreement between parties. I do know that
Cope has asked for additional time in this debate, and has been
denied by the ANC. The importance of this is really great, because
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we are setting a precedent today for when future motions are debated
in this House. Is the ANC going to shut down every other party in
the future, in the same way they have shut down Cope today?
Mrs J D KILIAN: Thank you, Speaker, for raising the issue that I
have also written to you about, as Speaker of the House. I believe
it is important for the House to note that we have followed the
right route and that is to ask the Chief Whip of the Majority Party
for extra time. That was declined. It was said that it would be
strictly proportional. Thereafter, I approached your office. You
then informed us that it was not the role of the Speaker to grant
extra time.
However, we just want to place on record that we have done the
appropriate thing, and we cannot but concur with the hon Deputy
Chief Whip of the DA that this is a clear attempt to silence us on a
very important constitutional matter. Thank you.
Mr M G ORIANI-AMBROSINI: Mr Speaker, I just want to bring to your
attention that in terms of the Constitution, you bear the final and
sole responsibility of ensuring the conduct of these proceedings.
The Whips may carry some delegated responsibilities, but if, in
fact, the convention exists in the allocation of time, you bear the
final responsibility of enforcing it and applying it correctly with
equanimity.
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Mr C T FROLICK: Hon Speaker, from the side of the ANC, we want to
acknowledge that indeed Cope did approach us for additional time. We
gave them our position, and the hon Kilian indicated that they fully
understand our position. I thus do not understand the reason why
this matter is being dealt with in this way.
The SPEAKER: Hon members, I do not want to entertain any more debate
on the matter. We have listened to the concerns expressed, and I
would really urge that the Whips deal with the matter, even in
future.
MOTION OF NO CONFIDENCE IN THE PRESIDENT OF THE REPUBLIC OF SOUTH
AFRICA
(Draft Resolution)
Rev H M DANDALA: Mr Speaker, Cope feels very strongly that our
country has abandoned and wilfully squandered the moral high ground
that we, as a country, occupied so proudly after 1994. The President
of our country has let us down. He has let Africa and the world
down. Our destiny, that looked so promising until a few months ago,
now faces a universal erosion of goodwill.
On behalf of Cope, I move the draft resolution printed in my name on
the Order Paper as follows:
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That the House -
(1) has no confidence in the President of the Republic; and
(2) in terms of section 102(2) of the Constitution of the Republic
of South Africa, 1996, passes a motion of no confidence in him
for his failure to live up to the expectations of a broad
spectrum of South Africans.
A few examples demonstrate the flagrant violation of the oath that
he took when he occupied this highest office. It is common knowledge
that the President has failed this nation by setting a poor example
through his repeated risky sexual behaviour, thus weakening the
crucial fight against HIV and Aids.
He has failed to exercise any leadership over his Cabinet, some of
whom continue to send conflicting messages of what is acceptable,
ethical and moral behaviour.
He has failed to act against approximately 2 000 public servants who
are alleged to have stolen more than R650 million from the public
purse.
Despite having the Ginwala commission’s report available to him, he
failed to exercise good judgement and appointed a man of dubious
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record and poor capability as the National Director of Public
Prosecutions.
He has failed to lead on issues of accountability to this Parliament
by not declaring his assets and liabilities on time, and only doing
so eight months later and under public pressure.
This sad reality, rather than any politicking or having a vengeful
vendetta against the President, is why we are bringing this motion
before this House. The President swore at his inauguration:
I commit myself to the service of the nation with dedication,
commitment, discipline, integrity, hard work and passion.
Speaker, the President has, by his own wilful conduct and
dangerously flawed judgement, lost the confidence of this House and
the nation. He should do the honourable thing and resign his office.
Thank you. [Applause.]
The MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Mr Speaker,
Deputy President, hon members, from the outset, let me restate the
historical fact that the real Congress of the People is the ANC.
[Applause.] As a majority party, it is, therefore, through the ANC
that the people speak of their representation in the executive.
At our 52nd conference, at Polokwane in December 2007, delegates
overwhelmingly elected Comrade Jacob Zuma as the President of the
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real Congress of the People, the ANC. We did not, at that time,
release any white smoke into the Limpopo University chimneys,
because we were very clear in our minds that we had not elected a
pope, but a human being who has human strengths and human frailties,
like all of us. [Applause.]
On 22 April 2009, 11 650 748 voters – what we consider to be a broad
spectrum of South Africans and nearly 70% of the electorate – voted
for the real Congress of the People, the ANC, led by President Zuma,
to be the government of this great Republic. [Applause.]
One million more people voted for the ANC in 2009 than in 2004, and
yet, today, the arrogance of a mere 30 people in this House is
trying to tell us that millions of our people were wrong. The
collective minds of these millions of our people are convinced that
our great movement, the ANC, the real Congress of the People, and
its President, are fit and proper to run this great Republic.
This motion goes contrary to the recent findings of the Ipsos
Markinor survey of February 2010, which had the following to say:
At the start of 2010, President Zuma is in an enviable position in
terms of his public rating. He begins the year with 77% of the
population agreeing that he is doing his job fairly well or very
well.
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[Applause.]
This is the highest rating for a President since May 2006 ...
This means that the President of the real Congress of the People,
the ANC, at 77%, is more popular than the ANC itself, at 70%.
As the ANC we’ve never wavered from our understanding that each
president of the ANC – from Rev John Langalibalele Dube to Jacob
Gedleyihlekisa Zuma – would come and go, but each one of them would
leave an indelible mark on the character of this great movement,
responding to the particular challenges of their tenure and the
challenges of the stage of our national democratic revolution.
I am, therefore, very surprised that we are gathered here today to
entertain the views of a mere 30 people who are driven by motives
other than those of honesty, particularly with regard to democratic
majority rule. I venture to say that, had we been alive to the
current challenges of our communities, and were it not for the
permissiveness of our constitutional democracy – for which we, the
real Congress of the People, the ANC, take full credit – such a
motion would not have been tabled.
As we deliberate this issue, we are inadvertently being made
partners in throwing a lifeline to an entity that is drowning under
the inconsistencies of its own power hunger. [Applause.] As I speak,
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I do not know who of the three – you know who they are – my eyes
should be fixed on, because my action may be misunderstood to mean
my endorsement of one character, as opposed to the other.
[Laughter.] [Applause.]
This is the gravity of their leadership squabble that I’m talking
about that characterises Cope. This House is being roped in to being
fellow sojourners on a journey of 30 disgruntled members who have
not come to terms with the realities of democratic politics in South
Africa, of winning and losing.
I rise not because I’m a Member of this Parliament who’s expected to
defend the integrity of our President. I rise because many of us are
very surprised that the proposers have entered a motion of no
confidence in the President, knowing very well that their motion
will not see the light of day, but that they will get their cheap
publicity all the same. [Applause.]
If we, hon members of this august body, do not rise, this new
tendency to grandstand will continue unabated. On two previous
occasions we have seen the same group of people using this
Parliament for cheap publicity.
Firstly, when they proposed a candidate to contest the Presidency of
the Republic, they knew very well that it would be easier to win
Powerball and Lotto than the Presidency. [Applause.]
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Secondly, when they tried to precipitate a crisis by walking out of
this Chamber last month, because they disagreed with the ruling of
the Deputy Speaker, they may have got their six cents’ worth of the
media spotlight, but the wheels of democracy continue to grind on,
thanks to the political parties that stayed behind and fulfilled
their mandate which they have been given by our electorate.
The track record of Cope – from Polokwane, to their internal
problems, to the current motion – seems to border on anarchy. Cope
has displayed characteristics of being a party of failures.
One, Cope failed to launch itself as a party in the hastily
organised conference in Bloemfontein on 16 December 2008. Two, Cope
cannot create unity even amongst its arbitrarily self-appointed
leadership. Three, it deceived the electorate by promising to have a
manifesto, but did not even have a policy upon which to base that
manifesto. [Applause.] Four, the party deceived the electorate by
promising them that they would be the next government, but later
changed their tune by claiming they were going to be the next
official opposition. [Applause.] Five, they claimed that they would
be an effective opposition ...
Mrs J D KILIAN: Speaker, I rise on a point of order: The hon
Minister, who happens to be the Minister of Justice and
Constitutional Development, should well know that we could not have
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participated in an election without the necessary constitution as an
organisation. Secondly, we have registered our name as The Congress
of the People, Cope ...
The SPEAKER: Hon member, that is not a point of order. Please take
your seat. Continue, hon member.
The MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Five, they
claimed that they would be an effective opposition, but the deputy
leader of Cope is never seen in the corridors of Parliament, and
their leadership has become moribund.
South Africans have voted and they have expressed a vote of no
confidence in Cope. I say this because this group has, on two
occasions since Polokwane, in 2007 and in April 2009, dismally
failed to get political recognition through democratic processes and
is now using this House to win their vote.
The SPEAKER: Hon Minister, there’s a point of order.
Ms A MDA: Mr Speaker, will the hon Minister take a question?
The SPEAKER: Hon Minister?
The MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: I don’t
belong to the youth wing of Cope. [Applause.] I’ve observed that the
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timing of this motion is not accidental. There are three clear
indications that the timing was carefully considered.
Firstly, misled again by some sections of the media that hyped up
their earlier existence, Cope labours under the illusion that the
ANC-led alliance is about to unravel. This will never happen.
Secondly, we have noted that, after trying to postpone the
inevitability of an elective conference since 16 December 2008, the
youth wing is pushing them for an elective congress. Thirdly, after
a long courtship, there’s now a mooted multimatrimonial relationship
led by the DA.
Let me highlight a few examples of why we, the real Congress of the
People, the ANC, and the majority of South Africans, think that our
President is a fit and proper person to lead this country, and that
the motion of no confidence is a spurious allegation.
Our President facilitated the end of the Burundian conflict, after
taking over as a facilitator from our iconic former President Nelson
Mandela, who, in turn, took over from Mwalimu Nyerere.
On 12 December 2009, President Jacob Zuma was awarded the title of
Best African President for his role in the liberation of our country
and on the African continent at the African Consciousness Media
Leadership Awards. [Applause.]
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Two weeks ago, Her Majesty the Queen of Great Britain, invited our
President on a state visit as one of two world leaders who are
invited annually by her. [Interjections.]
The SPEAKER: Order, hon members! Continue, hon Minister.
The MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Except for
one racist tabloid indiscretion by one Stephen Robinson of the
British Daily Mail, among many media in the UK, this state visit was
declared among the most successful state visits ever undertaken by a
South African President. [Applause.]
In December last year, at the Copenhagen Climate Change Conference,
our President, together with leaders from the United States, China,
Brazil and India facilitated the Copenhagen Accord which has now
been accepted by the African Union.
As I speak today, 18 March 2010, the President is currently
facilitating the Global Political Agreement in Zimbabwe, and on his
shoulders rest the hopes and aspirations of all Zimbabweans.
[Applause.]
Our government today, under his leadership, has been restructured so
that all Ministers are monitored on the basis of outcomes-based
performance agreements.
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Allow me, as I conclude, to borrow words of wisdom from the Holy
Scriptures, and quote Matthew chapter 7:
Do not judge, so that you may not be judged. For with the judgment
you make you will be judged, and the measure you give will be the
measure you get. Why do you see the speck in your neighbour’s eye
but do not notice the log in your own eye? Or how can you say to
your neighbour, “Let me take the speck out of your eye,” while the
log is in your own eye? You hypocrite, first take the log out of
your own eye, and then you will see clearly to take the speck out
of your neighbour’s eye.
I’m highlighting this fact so that those who counsel us on the Good
Book should know that much more is expected of them.
This motion by Cope has, therefore, the wrong target. It should be a
motion of no confidence in the leadership of Cope. [Applause.]
The SPEAKER: Order! Order! Hon members, order! Please take your
seats, hon members. Order! Hon member, on what point are you rising?
An HON MEMBER: Speaker, it is a special order because when the
Minister ...
The SPEAKER: Hon member, please take your seat. You are out of
order!
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The LEADER OF THE OPPOSITION: Speaker, it is ironic that we have
this debate of no confidence less than one year into President
Zuma’s term of office. There is obviously clear opposition to this
from the ANC. I think, however, you protest too much. When you
decided that you had lost confidence in President Mbeki, you had no
hesitation in expressing this by recalling him. Hon Radebe, you
forgot the millions of voters who voted for him.
This is precisely the danger of having a president who is not
directly elected. This is, in fact, to the detriment of our
democracy because this fact allows the President either to hide
behind the support of his or her party or, in turn, for the party to
claim its support for itself and recall the President at a whim.
President Zuma’s actions or lack thereof have damaged the people’s
faith in his ability to lead South Africa properly. I know that it
is unreasonable to expect any public representative to enjoy the
full confidence of the entire citizenry all the time. Such a state
of affairs is not possible in the real world and highly unlikely in
South Africa. However, it is reasonable to expect that a public
representative, and the President in particular, should enjoy the
broad support of the public, based on the expectation that he has
both the experience and the wisdom to make the right decisions and
in turn to articulate a vision and provide the necessary leadership
to give life to that vision.
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Somlomo, kuba ilizwe lonke belithembele kwezi zinto, ingaba loo nto
ayithethi ukuba uMongameli wesizwe akaphumelelanga ukwenza njengoko
bekulindelekile kusini na? (Translation of isiXhosa paragraph
follows.)
[Speaker, seeing that the whole country was depending on these
things, doesn’t this mean that the President of the country has
failed to deliver as expected?]
We must not conflate the litany of policy programmes with purpose
and direction. Policies are important building blocks of any
democracy, but, unless they are held together by a set of coherent
principles and values that mirror the kind of society our
Constitution envisions, they are undermined from the first principle
and work against that objective.
The President has simply made too many poorly considered decisions
that compromise good governance. He has also appointed people to key
positions as a form of political reward for loyalty to himself and
his personal and political travails. These have not always been in
the best interests of the government and they do not always
represent commitment to excellence.
More pertinently, the President has failed to provide leadership on
matters of principle and to provide guidance and direction. The
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President says he implements the collective decisions of the ANC.
Frankly, this is not good enough for South Africa, because the ANC
is failing to give guidance to itself, let alone the country.
Leadership is not about appeasing and compromise, for all its
virtues can easily be distorted down to a level at which no hard
decisions or direction are possible at all. This has often been the
effect of the President’s silence and also of his failure to
identify what principles are at stake and how best to protect them.
The President’s embracing of the Mbeki era’s policy of silent
diplomacy regarding Zimbabwe, which is classical appeasement, is a
case in point. The President misled this country into believing that
he would adopt a different approach to the octogenarian “President
for Life”. He, too, has been seduced by Mugabe’s wily ways.
This is not the worst, though. The fact that he agitates for the
lifting of targeted sanctions against Mugabe and his acolytes and
tacitly supports the latest harebrained scheme of indigenisation of
foreign companies, sends disinvestment shivers down the spines of
potential foreign investors who hold the key to economic growth and
job creation in South Africa.
This spineless behaviour also places all South African investments
in Zimbabwe in jeopardy and begs the question: Whose interests does
the President represent — the citizens of both Zimbabwe and South
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Africa, the South African investments in Zimbabwe, the reputation of
SADC, or those of Mugabe and his generals who have violated almost
every law and human right conceivable?
This pandering to a decrepit despot is also costing South Africa
jobs, as Zimbabweans compete in their millions for scarce job
opportunities in South Africa. My prediction is that President Zuma
will return from his current visit having achieved nothing or very
little with regard to salvaging the Global Political Agreement, GPA,
that has been abrogated by Mugabe.
The President has also shown no appetite to deal with his chief
cheerleader, Mr Malema, because of his debt of gratitude stemming
from Polokwane. I know you will all shout Mr Malema’s praises again
today, like you did yesterday in the Human Rights Day debate, but I
don’t expect you to do anything else because of the position of your
ANC President, who also happens to be the President of South Africa.
Minister Pandor was correct yesterday when she said that all murders
are to be condemned, but the regular murder — one every 36 hours —
of South African farmers and farmworkers, black and white, is beyond
the pale. The incendiary and inciting song that exhorts the killing
of “rapist farmers” should not be tolerated. Both Mr Mantashe and
especially the President are in dereliction of their duty by
condoning this call to arms in our constitutional democracy. Their
and Malema’s hands are being stained by the blood of these
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defenceless victims who look to them to guide and protect them in
their own country.
Another issue of major concern that erodes confidence in the
President is his personal legal quandary that has been all but
expunged by people who appear to have been compliant when they
should have held the independent judicial line. The ANC policy of
cadre deployment, which the President endorses and applies with
alacrity, especially in the realm of the judiciary and the Judicial
Service Commission, has no place in our society, let alone in this
venerable realm.
The President’s failure to unambiguously take a principled position
on the participation by his party’s investment arm, Chancellor
Houses’ a partnership with Hitachi, is reprehensible. Apart from the
fact that the Deputy President told this House that he was unaware
of the deal, the President has not done or said anything about this
since being informed thereof. It confirms the adage: There are none
as deaf as those who do not want to hear.
Speaking of not wanting to hear, it is becoming abundantly clear
that the President and his VIP protection unit, the police, some
metro police units and other arms of the security services are
adopting a zero-tolerance attitude towards law-abiding citizens and
to any form of dissent and other guaranteed human rights.
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This is the antithesis of their constitutional role. We do not want
to return to a police state. We want to be protected by these
services, not bullied, beaten, raped, detained and even murdered, as
has recently occurred in Knysna and in other well-documented cases.
Some incidences involving the President himself confirm that this
situation is out of control, and this has deepened the loss of
confidence in the President. Let me refresh your memories about a
few incidents.
Firstly, on 16 March 2010, there was the assault on Eyewitness News
photographer Tshepo Lesole by the President’s VIP unit.
Secondly, on l0 Feb 2010, there was the arrest and detention of
Chumani Maxwele, a University of Cape Town student on a training
run, who was arrested at gunpoint. His hands were tied behind his
back, his head was covered with a black bag and he was subjected to
arrest without charge. He was insulted and intimidated for 24 hours
and his home was ransacked, all for allegedly gesturing at the
President.
Thirdly, on June 2008 – note when this took place; the President was
not president then — a VIP officer on Jacob Zuma’s armed convoy
fired three shots at the vehicle of an 84-year-old motorist who was
deemed a threat.
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Ndiqinisekile ukuba abantu abaninzi abalapha kule Ndlu namhlanje
babephila kabuhlungu ngaphambili phantsi kwengcinezelo yamapolisa,
kodwa namhlanje siyayamkela ingcinezelo yamapolisa. [I am sure that
the majority of the people in this House today unfortunately lived
under police brutality before, but today we accept that very same
oppression.]
These are but a few of the issues and are coupled with the
President’s own personal challenges, not least of all the fact that
he rejected the call for wealth audits of senior politicians and
public officials even though there exist mechanisms and procedures
to declare their interests, and he himself only made such
declarations under extreme public pressure, eight and a half months
after the deadline.
Die President sê dat hy ’n teenkorrupsiekommissie aangestel het,
maar tot nou toe is daar geen strategiese raamwerk vir die kommissie
se werksaamhede nie. Ek wonder of dit die oneerbare en vrugtelose
uitgawes onder die kabinetslede sal stop. Ek glo nie. (Translation
of Afrikaans paragraph follows.)
[The President is saying that he has appointed an anticorruption
commission, but up to now there has been no strategic framework
within which the commission should operate. I wonder whether this
will bring an end to improper and fruitless expenditure by members
of the Cabinet. I don’t think so.]
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The DA, therefore, supports this motion of no confidence brought by
Cope. I am all too well aware that this will, in all likelihood, not
lead to the President’s impeachment, owing to the fact that some
opposition parties will be swayed either to abstain or to vote
against it.
This watershed debate is like the metaphorical ladder in a stocking:
It starts as a small hole and ends up running through your divided
government. In the words of Lincoln, and I quote: “A house divided
against itself cannot stand.” I thank you. [Applause.]
Prince M G BUTHELEZI: Hon Speaker, Your Excellency the Acting
President, hon Ministers and hon members, I think we must get this
right, in that it is important that the motion of no confidence be
debated in this House. The IFP does not support the motion, but we
support Cope’s right to bring it because it is an important exercise
in democracy. Debates and decisions about the President ought to be
made in this House and in this House alone.
It is regrettable that the President has not appreciated the
importance of the debate by gracing it with his presence. It is also
regrettable that our Rules have not yet been brought into compliance
with the Constitution and best parliamentary practices requiring the
voting on this motion by secret ballot, as is the case in the
election of the President.
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Today we assert how the President and his Cabinet serve at the
pleasure of the members of this House, who have the ultimate right
to fire both, and the duty to do so when necessary. If we fail to
use the powers the Constitution gives us to hold the President
accountable for his shortcomings, we become equally responsible for
them, because the vote of no confidence empowers us all to rectify
problems. This debate should be part of such a process.
As I stated in the debate on the state of the nation address, I
accepted our President, warts and all, and pledged my personal
support to ensure that he does not fail because the country cannot
afford it. The times are too dire, the challenges too great and the
risks too frighteningly high for us to undermine the Commander-inChief at this juncture. But he must perform, and perform soon.
[Applause.]
This debate offers the opportunity for us all to qualify our support
for the President by defining what we expect of him, failing which a
subsequent vote of no confidence may have a different outcome.
At this juncture we pledge our support to the President, giving him
the benefit of the doubt after only nine months in office. We will
tightly monitor his progress, especially in respect of his
stewardship in getting us out of the economic crisis and building a
competitive new industrial base, while creating employment and
addressing crime and corruption.
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We want to see firm and immediate action, starting with this
nonsense of hate speech which he has allowed in his ranks. The
singing of the “Kill the boer” song, or the rapist songs, destroys
whatever has been achieved by way of reconciliation. It destroys
Madiba’s legacy, which is also our joint legacy. I’m not saying that
our history should be swept under the carpet. I think there is a
difference between these songs, for instance: Hhayi, usizi lomuntu
omnyama e-Afrika. Zonke izizwe zisibeka phansi kwenyawo. [Ihlombe.]
[Oh, what a shameful situation a black man finds himself in, here in
Africa. All nations are keeping us under their feet.] [Applause.]
As time goes by, we may reassess the situation, although I hope this
will be not the case. It could be that the next motion of no
confidence may be moved by me, if the President does not live up to
the expectations that history has gathered around his person.
This occasion should also prompt us to reflect again on how much
better off the Republic would be if the offices of head of state and
head of government were to be split into a president who does not
get involved in the daily work of the government – who is not in the
belly and dust of politics – and a prime minister who governs, as
contemplated in a pure parliamentary system. I remember I tried to
introduce this, but in fact it was rejected out of hand.
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In fact, it is likely that the Presidency will continue to become
the lightning rod on which the growing tensions of our society will
concentrate as long as the status quo remains, and its undermining
will weaken the Republic. A vote of no confidence passed on a prime
minister, as head of government, would not weaken the Republic if
the president, as head of state, remained unaffected by it. After
all, he is our President. But, this dual role of head of state and
head of government will continue to make him vulnerable as long as
this remains the case. I thank you, Mr Speaker. [Applause.]
Mrs P DE LILLE: Mr Speaker, the ID is not taking this vote of no
confidence in the President lightly, because he has been elected as
the President of this country in a democratic election. However, he
was not elected to do whatever he wants to do with impunity and
bring the country into disrepute. The public has been extremely
patient, but are also now tired of hearing the regular apologies
coming from the President.
Speaker, I want to say to the President in his absence that we will
no longer be misled by your smile and your fake apologies. South
Africans deserve a President who can uphold the dignity of his
office, inspire us and give us hope.
There are many ANC people on this side who agree with this motion in
private, but who are more afraid to stand up for the Constitution. I
know it. Thank you. [Applause.]
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Mr B H HOLOMISA: Mr Speaker, Deputy President and hon members, last
year in this House we asked the President about the political
connections of companies called Clident 1 and Clident 445 (Pty) Ltd,
which had an interest in the sale of Vodacom shares by Telkom. To
date, he has not responded.
This year, we asked the President in this House about the massive
financial benefit for the ANC from the Eskom-Hitachi deal, which
will be partly funded with unpopular tariff hikes and a World Bank
loan. Again he failed to respond. Now we are being rushed to agree
to a huge World Bank loan for Eskom, just as was the case with the
arms deal.
One begins to wonder whether the recent electricity crisis was
purposefully staged to create a state of panic, to ensure the
approval of this massive Eskom project for the benefit of the ruling
party. Meanwhile, the majority of citizens of this country are in a
state of hopelessness.
The UDM does not have confidence in the ANC and its leadership in
government; it is no better than the Mbeki administration. This
looting must come to an end. I’m reminded of the German expression
that the troughs haven’t changed, only the pigs feeding from them.
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Nikezelani ngale mali niyibuyisele kwiSebe lezeMali kulungiselelwe
abantu abahluphekayo. [Kwaqhwatywa.] [Give this money back to the
Department of Finance to cater for poor people.][Applause.]]
Dr C P MULDER: Hon Speaker, it is always better in politics to play
the ball and not the man. That is not what we have seen today. The
hon President is a very loyal party man. All decisions are taken
jointly, whether by the national executive committee, the NEC, the
national working committee, the NWC, or the top six. However, it was
Mr Zuma who was elected by this House to become President. He is the
President of the Republic and nobody else, and that places on him a
number of serious responsibilities.
Section 83(b) of the Constitution instructs the President, as the
President in his own right, to uphold, defend, and respect the
Constitution. The President must do so and not the NEC or the top
six in the ANC; he must do so.
This dictates that the President, regardless of party loyalties,
should defend the nation and the Constitution under all
circumstances. That is his responsibility. He should set the example
and should be the first, for example, to reprimand Mr Malema in
public for incitement to violence and advocacy of hatred. But he
remained silent, and that was a mistake. Did the ANC not say,
“Together, we can do more”? Yes. Who? The ANC only, or all South
Africans? But, they allow Mr Malema to incite hatred and violence.
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The FF Plus will support this motion of no confidence. However, the
important point of today’s debate is not the fact that this motion
will be defeated by the majority — that’s why you are the majority –
but the fact that today’s debate, this motion of no confidence, was
brought by Cope and not the DA.
That is the real importance of today’s debate, because we must
understand in our politics that if a motion like this is ever to
succeed in South Africa in future, it will be brought by a party
like Cope, representing the majority at that stage, and not by the
DA, with its progressive core. That is the reality of South Africa.
Thank you, Chairperson. [Applause.]
The MINISTER OF DEFENCE AND MILITARY VETERANS: Mr Speaker, I’ve
grown up to respect the hon Mangosuthu Buthelezi, but I stand here
to disagree totally with the proposition he put forward here, and I
will tell you why.
The vote of no confidence in President Zuma as proposed by Cope is
fatally flawed. The claim that the President has failed to live up
to the expectations of a broad spectrum of our society is nothing
more than a desperate grab at publicity by a bunch of media-hyped
people. It provides no specificity on what these expectations are.
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Mrs J D KILIAN: Mr Speaker, on a point of order: I believe it is
improper parliamentary language to refer to the Members of
Parliament of Cope as a bunch of desperate people. Will the Minister
please withdraw that statement immediately?
The SPEAKER: Hon Minister, please withdraw.
The MINISTER OF DEFENCE AND MILITARY VETERANS: ... by a group of
people who have been hyped up by the media. [Interjections.]
The SPEAKER: Order, hon members! Order! Hon Minister, withdraw and
continue with the debate.
The MINISTER OF DEFENCE AND MILITARY VETERANS: Speaker, I withdraw
“bunch” and “people hyped up by the media”. I emphasise that I
withdraw nothing more.
The vote of no confidence provides no specificity on this
expectation. Neither does it provide any evidence of the purported
claims. Hon members, for us to debate what it is that we are ...
The SPEAKER: What point are you rising on, hon member?
Mr A M MPONTSHANE: Mr Speaker, I am trying to look at Rule 69. Can
we read it?
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The SPEAKER: I will rule on that point after I have looked at the
Hansard.
Mr A M MPONTSHANE: Mr Speaker, could I ask a question?
The SPEAKER: Minister, are you willing to take a question?
The MINISTER OF DEFENCE AND MILITARY VETERANS: Mr Speaker, with
respect, I would rather that the Minister and I ...
Prince M G BUTHELEZI: Ngenzeni kuwe, Xhamela? [What did I do to you,
Xhamela?] [Laughter.]
The MINISTER OF DEFENCE AND MILITARY VETERANS: Nothing! [Laughter.]
The SPEAKER: Order, hon members! Order! Hon Shenge, after this
session I am going to act as a mediator. [Laughter.] Please
continue, hon Minister.
The MINISTER OF DEFENCE AND MILITARY VETERANS: My father, Shenge, I
will tell you why we disagree. This is a frivolous motion, and it is
an outright waste of our time. It begs the question: Why are we even
debating this? Why do we come here and even put it on the Order
Paper? Importantly, how do we as Parliament deal with such frivolity
in future?
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I need to re-emphasise the point that the hon Mulder was trying to
make here: The basis of this motion is section 102(2) of the
Constitution, which requires, as hon Minister Jeff Radebe has
indicated, that the majority of this House sitting here must pass
this particular motion.
Therefore, for this motion to pass, we need 50% plus one. It should
be very obvious to anyone, especially to the hon Mulder – who is
numerically literate – that for this motion to pass it must get the
support of the ANC. Nothing outside the ANC will get the 50% that
you need, because, as we sit here, the ANC is the majority party
with 65,9% of the seats in this House. How could Cope ever have
imagined that they could carry this on 7,4%?
For those of us who are numerically challenged, it is important to
note that, at this point in our debate, the Cope motion can only, at
best, be supported by 25%, even if they were to combine all those
members whom they have lobbied. [Interjections.]
Hon De Lille, you can postulate outside. There is not a single
member of the ANC who would have supported this nonsense of a
motion. [Interjections.] [Applause.]
The SPEAKER: Order! Order!
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The MINISTER OF DEFENCE AND MILITARY VETERANS: I dare you to stand
up and say that! There isn’t a single one! [Interjections.]
The SPEAKER: Order, hon members! Order! Order!
An HON MEMBER: Mr Speaker ...
The SPEAKER: Please take your seat, hon member. Those in the gallery
are invited only to observe, not to participate. [Laughter.] Please
continue, hon Minister.
The MINISTER OF DEFENCE AND MILITARY VETERANS: Mr Speaker, to
protect themselves from such frivolity, most democracies require a
threshold against which support can be measured. There ought to be a
threshold, not only of support, but of substance, for a motion of
this nature to even find its way into a debate. This is the kind of
stupidity we should not accept.
We verified with Parliament’s Rules and confirmed that the word
“stupidity” is parliamentary. Albert Einstein once said ...
Mrs J D KILIAN: Speaker, I rise on a point of order: Could you
please make a ruling on the word “stupidity” because, firstly, this
also refers to the ANC Whippery who agreed to the debating of this
motion. Secondly, perhaps we could introduce the hon Minister of
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Defence and Military Veterans to the Constitution, which gives us
the right to debate a motion of no confidence.
The SPEAKER: Hon member, you are making a speech now. I am told that
the remark was not addressed to a specific individual.
The MINISTER OF DEFENCE AND MILITARY VETERANS: Speaker, I did check:
It is not unparliamentary. Albert Einstein once said:
The definition of stupidity is doing the same thing over and over
and hoping for different results.
Cope continues with its hopeless pursuit of President Zuma, with
disastrous consequences; first in Polokwane, then in the national
general elections, and now they are going to be defeated
disastrously here.
By entertaining frivolous motions of this nature, this House may
well have elevated ridiculous political immaturity to an undeserved
status. I contend that we carry an absolute majority mandate in this
House, and again want to emphasise that this motion would have
needed the support of some members of the ANC, which would not have
happened. [Interjections.]
Speaker, I have had occasion to scrutinise the Rules of Parliament,
and have consulted, and this has been confirmed by my father here,
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the hon Mangosuthu Buthelezi. We in the ANC would like to have a
review of the Rules of Parliament, because this matter is not
regulated in the Rules of Parliament.
Specifically, there should be an onus on any party proposing such a
motion to show that it has a reasonable opportunity to carry through
the constitutional provision of a majority. This should also ensure
that there is no abuse of the Constitution for purposes other than
what it was intended for, especially by the same people who always
grandstand and stand up there as protectors of the Constitution. We
must stop this abuse.
Calling for a motion of no confidence in a President is a serious
matter. It is not something to be taken lightly. This constitutional
provision is intended to allow Parliament to use this provision
should the President fail on matters that he is constitutionally
bound by. These matters are very clearly spelt out in sections 83
and 84. Read the Constitution. [Interjections.]
The allegations that are raised here about Zimbabwe and about Malema
are not remotely connected to the Constitution. What is there about
constitutional failure that you want to bring to our attention about
President Mugabe? What is there about constitutional failure that
you want to bring to our attention about Malema? Why should we be
sitting here or standing here discussing Malema?
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The opposition parties’ latest publicity stunt comes as no surprise.
As the Minister of Justice and Constitutional Development has
indicated, it comes at a time when the leadership of Cope has been
accused of ineptitude, which all of us can see. It has to resort to
theatrics to respond to accusations that it is being upstaged by the
DA. And it continues to allow the DA to upstage it. They want to use
Parliament to address their leadership squabbles. We should not
allow this.
To Cope, I wish to say: Play the game, not the man. This is what has
flawed your politics for so long. You have been playing the man and
it has completely blinded your vision. You are obsessed with
President Zuma. Get off it! [Applause.]
I was disappointed that the hon president of the IFP did not stick
to the submission that he made to us at the state of the nation
address. I want to repeat, purely for emphasis, what he said:
I respect President Zuma, warts and all, because behind him,
rightly or wrongly, is the will of the democratic mandate of 66%
of the South African people.
Hon Buthelezi, I wanted you to repeat this. You said that you could
not hinder or oppose, without opposing the people of South Africa.
“I cannot afford to see the President or his government fail”, you
said to us. “If they fail, my own country fails. If the President
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fails or the government fails, I will not applaud or rejoice, but
weep. For, if they fail, our liberation fails.”
That’s what you said and that’s what I respect you for. [Applause.]
The SPEAKER: On what point are you rising, hon Shenge?
Prince M G BUTHELEZI: Speaker, I just want to find out from the hon
Minister whether, in fact, she is deaf, because I actually said
those things today. Everyone heard me say them. Is she deaf?
[Laughter.]
The SPEAKER: Order! Continue, hon Minister.
The MINISTER OF DEFENCE AND MILITARY VETERANS: That is exactly what
I am emphasising on your behalf, Shenge, because I heard you loudly
and clearly, especially that, if the government fails, then our
liberation fails.
In an act of desperation and consumed by a vengeful spirit, the Cope
leadership has tried to exploit the President’s willingness to
accept where he might have erred. The President is not beyond
criticism and he is the first to say so, and where he believes he
has failed us, he is the first to acknowledge it. Mbhazima, are you
listening? He is the first one to acknowledge this. [Interjections.]
[Laughter.]
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Mr M S SHILOWA: Hon member ... Mr Speaker ...
The MINISTER OF DEFENCE AND MILITARY VETERANS: Hon Mbhazima Shilowa.
[Laughter.]
The SPEAKER: Hon Minister, we don’t address hon members by name.
The MINISTER OF DEFENCE AND MILITARY VETERANS: Speaker, I had just
hoped that perhaps the word “acknowledge” might ring a bell with
him.
Where President Zuma believes he has failed us, he is the first to
acknowledge it and apologise. We, who constitute 66% of this House,
have forgiven him. Here is a bitter pill for all of you to swallow:
The Minister of Justice and Constitutional Development has said —
using the April 2009 election as a starting point — the TNS survey
showed that President Zuma’s approval rating rose from 40% at the
beginning of 2009, to 52% at the time of the election, and increased
to 58% in November of the same year. The TNS survey was led to argue
that “... it is clear that many ordinary citizens separate their
approval of President Zuma from his private life”.
We are also pleased that the latest report from the Bureau of
Economic Research, which was published only last week, found that
business confidence had risen by 15% to 43% in the current quarter.
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This represents the single biggest increase in 16 years. [Applause.]
Eat your heart out and tell us what you are griping about today.
What galls us is the sheer hypocrisy of the President’s detractors.
To Cope I wish to say: You are a bunch of sore losers, sour at
democracy. Turn your attention to yourselves. [Interjections.]
Mrs J D KILIAN: Mr Speaker, I would like to ask you to again ask the
hon Minister to withdraw the reference to “bunch”. Thank you.
The MINISTER OF DEFENCE AND MILITARY VETERANS: Mr Speaker, I was
talking about sour, and perhaps “bunch” does not arise there. But,
sour losers, sour at democracy. Turn your attention to yourselves.
An HON MEMBER: Mr Speaker ...
The SPEAKER: Hon Minister ...
The MINISTER OF DEFENCE AND MILITARY VETERANS: I withdraw the bunch
of grapes, but sour nonetheless. [Applause.]
Check with your erstwhile friend the hon De Lille how her mediahyped support very quickly dwindled to 0,9%. It is in the nature of
politics that the media can make you out to be more than what you
are. Even when she is busy drumming up support for her coalition of
the disgruntled, she will tell you how damaging it is to lose a
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deputy president of an organisation, such as you have lost, and we
gained her. Lynda Odendaal has seen the light, not only because she
discovered ... [Interjections.]
The SPEAKER: Order, hon members!
The MINISTER OF DEFENCE AND MILITARY VETERANS: ... what we have
always told everybody is that Cope is made up of permanently angry
individuals who lost a democratic contest; also, importantly, that
we in the ANC are the only people who can rise to the challenges of
the nation. We stand here ready to defend the hard-won freedoms of
our democracy. The hypocrisy is so sickening. Which one of these hon
members sitting here in their individual glass houses can throw a
stone?
Hon Dandala, would it be you? [Laughter.] Never! Hon Shilowa, would
it be you? [Interjections.] Never! Any of you in Cope? Should I go
on and name you? No!
Hon Dandala, for what it is worth, get out of Cope while you can.
[Interjections.] [Applause.] It is a destructive energy over
positions, legitimised under your bishop’s cloth. Get out and go and
serve the church and ... [Interjections.] [Applause.]
The SPEAKER: Order! Order! Order! I would also like to remind people
in the gallery that they are our guests here; they should not
participate.
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An HON MEMBER: Speaker, this is a people’s Parliament.
The SPEAKER: Continue, hon member.
The MINISTER OF DEFENCE AND MILITARY VETERANS: Speaker, while we are
at it, I propose that we throw this motion out. Hon Dandala can take
it out with him as he leaves. I thank you. [Applause.]
Rev K R J MESHOE: Hon Speaker, the ACDP is disappointed that the ANC
has decided to stifle debate on a very important motion by giving us
only one minute to tell the nation whether we support the motion
before us or not.
The President has made our nation the laughing stock of the world by
his carelessness and repeated moral failures. He has undermined his
own government’s safe-sex message by having unprotected sex with his
mistresses.
Firstly, on behalf of the ACDP, I have advised the President to seek
counselling and sex addiction therapy, as was recommended to Tiger
Woods, who also had a similar problem of sleeping around. Since the
President has rejected our advice, we have, therefore, decided to
support this motion of no confidence today.
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Secondly, corruption seems to be getting out of hand under his
leadership. Tender processes are undermined, thus benefiting a few
connected individuals while the poor are getting poorer. Under his
government leadership, state expenditure has increased
substantially. In addition, taxpayers will have to pay more than R15
million to maintain his three wives.
Lastly, he has failed to show overall leadership in times of crisis
and violent protests caused by poor service delivery. Thank you.
[Applause.]
Moh M N MATLADI: Motlotlegi Mmusakgotla, re le lekoko la UCDP re na
le dintlha tse di latelang mo ntlheng e ya tshisinyo kgatlhanong le
Moporesitente Zuma; UCDP e dumela mo go rateng motho, mo go tlotleng
motho, go mo direla, go mo rerisa le go mo itshokela. (Translation
of Setswana paragraph follows.)
[Mrs M N MATLADI: Hon Speaker, as the UCDP we have the following
points to make regarding the motion against President Zuma: The UCDP
believes in loving a person, respecting him, working for him,
informing and being patient with him.]
In the Bible, we have references to leaders who have erred like the
hon President — people like Abraham, King David, King Solomon, and
others. God had His own way of dealing with their behaviour.
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We believe that this matter is too personal, that it has to be dealt
with in the political party to which the hon President belongs,
since the South African electoral system is not a constituency—based
one, but one based on proportional representation of parties. We say
that for the other matters of delivery that the hon members of the
opposition have referred to, let us give the hon President some
extension of time, lest we evaluate him too soon.
Ra re monyadiwa ga a bolawe. [We cannot expect a person to be
perfect in everything.]
I thank you. [Applause.]
Mr R B BHOOLA: Mr Speaker, Mahatma Gandhi once said that true
leaders are those who add value to society, and a country which does
not invest in its youth does not have a future.
The President must forget about fanfare. The country is concerned
about ethics and values, and leaders have to set an exemplary
example for the youth to emulate. If not, we will deliver
embarrassing products like Julius Malema with his absurd slogans.
Everything has limitations. Human rights provisions have
limitations, and even traditions have limitations. We are judged.
Independent analysts are questioning our leadership of our country.
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When it comes to families, there must be norms, for example the
king’s expenses. The MF proposes that the policy be reviewed.
However, the MF will indeed abstain, and rather calls upon the
President and the ANC to have a special lekgotla at which they
search their inner soul and cleanse themselves and come back new and
fresh. All those who are working under the President have failed
him.
Let us march forward today with courage, conviction and
determination, and instil the correct goals and morals in our youth
so that they will be responsible, respectful and dignified adults.
Mr N T GODI: Mr Speaker, it appears that the politics of
personalised invectives that we have witnessed in the media have
finally set foot in Parliament. The APC believes that our politics
must be steered away from the froth and bubble to focus on the
issues that affect the majority of our people.
The APC believes that the people expect us to be absorbed by a
search for solutions to daily material concerns like unemployment,
inequality, timeous and qualitative service delivery, and the fight
against corruption and fraud in both the public and private sectors.
The APC does not believe that it is objective to call for a noconfidence vote in a government that is less than a year into its
five-year term. We believe that what should rather be occupying us
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as the National Assembly is how to strengthen and deepen oversight
over the executive in, firstly, the fight against corruption, and
wasteful and fruitless expenditure in government, as emphasised by
both the President and the Minister of Finance; secondly, the
proposed new economic growth trajectory that is premised on job
creation, as proposed by Ministers Davies and Patel; and, lastly,
the campaign for clean audits and service delivery by
municipalities, better health care, quality education, and faster
land reform.
The APC calls on all parties to show leadership and responsibility
by being sincere, patriotic and mature, and to act with integrity.
We call on the National Assembly to strengthen oversight and give
greater support and more powers to its oversight committees,
especially those that deal with the management and utilisation of
public funds like the Portfolio Committee on Finance, the Standing
Committee on Appropriations, and the Standing Committee on Public
Accounts.
It must always be about the people and never about narrow partisan
interests. The APC does not support the original motion for a vote
of no confidence in the President of the Republic.
Mr N A RAMATLHODI: Hon Speaker, hon Deputy President, I move the
following amendment to the motion before the House: To omit all the
words after “That” and to substitute: “The House has full confidence
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in the President of the Republic of South African and appreciates
his leadership of the government and nation.”
I stand here, in front of the country and the world to speak to the
suitability of the President of the Republic of South Africa to
continue to hold high the office of President. As the House is
aware, this sad episode is occasioned by the unfortunate and
adventurous tabling of the so-called motion of no confidence in our
President.
This being a party-based system of government, a motion of no
confidence in the President becomes a motion of no confidence in the
ANC. Those who seek to displace an elephant must be prepared to
climb a mountain, and be good mountaineers at that. We reserve the
right to self-defence and we are now called upon to exercise that
right. We are exercising that right in defence of our revolution and
in defence of our future as a people.
Accordingly, we are tabling a motion of confidence in the President
of the Republic. In doing so, I wish to remind the country who Jacob
Gedleyihlekisa Zuma is. In the President we have a peasant boy who
joined the army of the working people at a tender age. This
background has shaped and formed his social and political
consciousness. That is why he continues to be biased in favour of
the rural and urban poor and the working class.
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This bias is reflected in the structure and programmes of the
government that he leads with unassailable distinction. He is the
son of the black people of South Africa. He is a warrior prince born
of the proud Zulu people who distinguished themselves as true
patriots throughout the torturous period of the wars of resistance,
which ended with the defeat of Chief Bhambhatha in the Inkandhla
forests in 1902. His participation in the national liberation
struggle is borne of the direct experience of being an African in
apartheid South Africa. As a freedom fighter, he is generally
acknowledged as one of the most dedicated, fearless and exemplary
soldiers and leaders of the people’s army uMkhonto weSizwe.
In this regard, he worked in the underground, was captured and
served 10 years on Robben Island. On his release he went into exile
and there rose through the ranks to head the ANC Mbhokodo and become
a member of the national executive committee. It was in this
capacity that he became the first member of the NEC to legally enter
South Africa in order to prepare for formal negotiations.
He is a proud Zulu man who fiercely defends his culture and way of
life. His elevation to high office has not alienated him from his
way of life, and he is an active participant in the village
activities of the people of Inkandhla whenever time permits. He
observes and practises traditional rituals together with his people,
and he is not ashamed of who he is. [Applause.] He refuses to be
judged according to the standards of non-Africans, who continue to
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insist that theirs is the only acceptable culture, even 15 years
after our liberation. [Applause.]
History will remember our President as a dedicated and highly
successful peacemaker. In exile, he was part of the team that
initiated contact between the ANC in exile and the apartheid regime.
In the 1990s, as chairperson of the ANC in KwaZulu-Natal and working
together with Prince Mangosuthu Buthelezi, he established peace in
KwaZulu-Natal and gave South Africa the rare gift of peace. We are
most grateful for this.
As the Deputy President of the Republic he led negotiations that
gave Burundi its own peace. He continues with the mission to restore
and consolidate peace on the continent and in the world in general.
President Zuma is a great reconciler. He has introduced a new style
of governance which does not criminalise opposition, but rather
seeks to find common national interests that bind us together as a
nation. [Applause.]
In this regard, he has opened dialogue with leaders of South Africa
in all spheres: political, economic, cultural and everywhere else.
He is not grievance-driven and that makes him a great forgiver.
[Applause.] Anyone else in his place would have gone after those who
have persecuted him in recent times, using state organs to fight
political fights. He has not done so.
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All these attributes and many more are found in abundance in our
great movement, the ANC; a movement that seeks to build a humane and
caring society that recognises and accords human dignity to all,
without regard to race, class, colour and gender; a movement that
has been at the forefront of the struggle to create a better life
for all; a movement that continues to promote reconciliation based
on political and social justice, sometimes even in the face of
insolent provocation by defenders at the grave of apartheid and
their lackeys and fellow travellers.
As this movement, we unashamedly champion the interests of victims
of apartheid, that is black people in general and Africans in
particular. We are not apologetic in this regard, and we are ready
to fall on our swords in defence of this principle. We are
determined to build a new South Africa that is founded on solid
foundations of social justice and political, economic and cultural
equality. We have forgiven those who enslaved us over centuries. We
now insist on being treated as equals. On this, we shall give no
quarter, there shall be no retreat. [Applause.]
We expect no mercy or favours, as we never have done over all those
centuries, from our detractors. There is no easy walk to freedom,
Mdala said. Many gave up and many betrayed us, as we unflinchingly
and relentlessly pursued the struggle for freedom. We are not about
to give up now. There have been moments when anti-people deviants
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have found themselves at the helm of our great movement. Whenever
they got caught, we either expelled them or they walked out.
Many of those who walked away soon discovered the grim truth of the
loneliness of the wilderness. It is bitterly cold out there, as they
endured a solitary existence akin to that of the prodigal son. Let
me repeat: It is bitterly cold out there, as they endured a solitary
existence akin to that of the prodigal son.
In recent years we confronted this phenomenon, which sought to own
the ANC as the personal property of a tiny clique, failing which it
was determined to destroy the ANC from within. Happily the people
recaptured their movement in Polokwane. There was a tendency to
conduct public affairs and political discourse with unprecedented
arrogance. There were no boundaries or restraint. Those who tried to
offer wise counsel would be rebuffed with the might of Samson. Not
only would their advice be rejected, they would be subjected to mob
lynching. Our own icon, President Nelson Mandela, was not spared the
wrath of this tendency that was running amok.
Those who supported this tendency embarked on a determined struggle
to stop the then Deputy President Zuma from becoming the next leader
of the ANC and the country. Elaborate plans were put in place to
retain the ANC as a personal fiefdom of those who supported this
tendency. They wanted to impose their chosen leader upon us in order
to consolidate their anti-people agenda.
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Zuma became an obstacle that stood firm between this greed-driven
insanity and the restoration of our movement to its members. He had
to be stopped at all costs. His persecutors were unrelenting, even
in the face of provoking a possible civil war. In those bleak and
dark days, I was among those who defiantly sang the song: Basithatha
phi isibindi esingaka sokuthatha iANC bayenze eyabo. [Kwaqhwatywa.]
[Where do they get so much courage to make the ANC their
own?][Applause.]
We went to Polokwane and the people spoke and elected President
Zuma. The supports to the tendency were shell — shocked and
confused. As the reality of defeat began to sink in, shock turned
into fierce fury against the tendency itself and against the ANC,
our beloved movement. At last and finally, the tendency had fallen
from the high horse of folly and the house of cards began to
collapse into a heap of broken illusions and shattered ambitions.
The boasting came to an abrupt halt. Some of the leaders of the
tendency walked out with the sole aim of destroying and defeating
the ANC, regardless of the political cost to the majority of our
people whose hopes and dreams remained firmly behind the movement.
They formed an organisation and arrogantly called it the Congress of
the People, in a way to spite the real Congress.
We went into the elections under the leadership of President Zuma.
The ANC won with an overwhelming majority and the world did not
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collapse. In fact, the sun still rose and it continues to do so
today. The prophets of doom have been silenced, but they are bitter
and consumed by an incomprehensible hatred of the person of the
President of the Republic. [Time expired.] [Applause.]
Rev H M DANDALA: Hon Speaker, let me start by thanking you for
affording this House an opportunity to debate this motion. We would
like to say, Speaker, that it is important for us to accept in a
democracy, even if people are in the minority, that they have the
right to make their case and for that to be debated by the nation.
[Applause.]
Secondly, we would like to say that it is important that whatever
else we do, we do not lower the bar against which the members who
are serving in the public should be held to account. In spite of our
weaknesses and everything else, we have to uphold the need for a
high level of morality in nation-building.
The SPEAKER: Order, hon members! Allow the speaker to be heard.
Rev H M DANDALA: Finally, I urge the members of this House that
because we are now going to vote people must be guided by their
consciences, beyond party loyalty. It is unfortunate that this is
not going to be by secret ballot, because people will look at how
others vote, but we have confidence that the South Africans out
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there are going to prove that the motion that Cope brought here is
valid and legitimate. Thank you. [Applause.]
Debate concluded.
The SPEAKER: Hon members, we have before us the motion by Rev
Dandala upon which an amendment has been moved. I will first put the
amendment moved by Adv N A Ramatlhodi, namely: To omit all the words
after “That” and to substitute: “The House has full confidence in
the President of the Republic of South Africa and appreciates his
leadership of the government and nation.”
Are there any objections to the amendment?
Mr M S SHILOWA: Hon Speaker, may I address you on a point of order,
please?
The SPEAKER: Yes, go right ahead. Hon members, order! You have the
floor and my protection, hon member.
Mr M S SHILOWA: I rise on a point of order: The motion before the
House was brought in terms of section 102(2) of the Constitution,
which is a constitutional provision. The Rules of the House and
therefore the presiding officer, in my view, can never and should
never override a constitutional provision. We therefore submit, as
Cope, that you cannot use Rule 96(c) to allow the proposed
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amendment, because to do so simply means we are going to use Rules
to trample the Constitution. The Rules are supposed to enhance the
implementation of the Constitution and never to subvert the
Constitution. Thank you. [Applause.]
The SPEAKER: The Rules do not necessarily exclude an amendment being
moved to a motion. Indeed, in terms of the Rules, a notice is
dispensed with when an amendment to a motion is moved. In addition,
the Rules provide that the presiding officer may allow an amendment.
In taking such a decision, the presiding officer would have regard
to the practice as it obtains here and in similar parliaments. I
have indeed applied my mind to this issue and I’m convinced that
such an amendment is permissible and in line with Rule 96(c).
[Applause.]
Question put: That the amendment moved by Mr N A Ramatlhodi be
agreed to.
Division demanded.
The House divided.
AYES - 235: Abram, S; Adams, P E; Ainslie, A R; Baloyi, M R; BamMugwanya, V; Bapela, K O; Bhengu, N R; Bhengu, P; Bikani, F C;
Bogopane-Zulu, H I; Bonhomme, T J; Booi, M S; Borman, G M; Boshigo,
D F; Botha, Y R; Burgess, C V; Chabane, O C; Chauke, H P; Chikunga,
18 MARCH 2010
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L S; Chiloane, T D; Chohan, F I; Coleman, E M; Cronin, J P; Cwele, S
C; Dambuza, B N; Davies, R H; De Lange, J H; Ditshetelo, I C;
Dlakudla, D E; Dlamini-Zuma, N C; Dlulane, B N; Doidge, G Q M;
Dubazana, Z S; Dube, M C; Duma, N M; Dunjwa, M L; Ebrahim, E I;
Farisani, T S; Fransman, M L; Frolick, C T; Fubbs, J L; Gasebonwe, T
M A; Gcwabaza, N E; Gelderblom, J P; Gigaba, K M N; Gina, N; Godi, N
T; Godongwana, E; Gololo, C L; Gona, M F; Goqwana, M B; Gumede, D M;
Gungubele, M; Gxowa, N B; Hajaig, F; Hanekom, D A; Hogan, B A;
Holomisa, S P; Huang, S-B; Jacobus, L; Jeffery, J H; JoematPettersson, T M; Johnson, M; Kekane, C D; Kenye, T E; Kholwane, S E;
Khumalo, F E; Komphela, B M; Kota-Fredericks, Z A; Landers, L T;
Lekgetho, G; Line, H; Lishivha, T E; Luthuli, A N; Luyenge, Z;
Maake, J J; Mabasa, X; Mabedla, N R; Mabuza, M C; Madasa, Z L;
Madlala, N M; Mafolo, M V; Magagula, V V; Magama, H T; Magau, K R;
Magazi, M N; Magwanishe, G; Mahlangu-Nkabinde, G L; Makasi, X C;
Makhubela-Mashele, L S; Makhubele, Z S; Makwetla, S P; Malale, M I;
Malgas, H H; Maluleka, H P; Maluleke, J M; Manamela, K B; Manana, M
C; Manganye, J; Mangena, M S; Manuel, T A; Mapisa-Nqakula, N N;
Martins, B A D; Mashatile, P; Mashigo, R J; Mashishi, A C; Masutha,
T M; Mataboge, D K; Mathebe, D H; Mathebe, P M; Mathibela, N F;
Matladi, M N ; Matlanyane, H F; Matshoba, J M; Maunye, M M; Mavunda,
D W; Mayende-Sibiya, N A; Maziya, A M; Mbalula, F A; Mbili, M E;
Mdaka, M N; Mdakane, M R; Mdladlana, M M S; Mfeketo, N C; Mgabadeli,
H C; Mjobo, L N; Mkhize, L N; Mkhulusi, N N P; Mlangeni, A; Mmusi, S
G; Mnisi, N A; Mokoena, A D; Molebatsi, M A; Molewa, B E E; MoloiMoropa, J C; Morutoa, M R; Moss, L N; Motimele, M S; Motlanthe, K P;
18 MARCH 2010
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Motshekga, M A; Motshekga, M S; Mthethwa, E M; Mthethwa, E N;
Mufamadi, T A; Mushwana, F F; Muthambi, A F; Nchabeleng, M E;
Ndabandaba, L B G; Ndabeni, S T; Ndebele, J S; Nel, A C; Nelson, W
J; Nene, N M; Newhoudt-Druchen, W S; Ngcengwane, N D; Ngcobo, B T;
Ngcobo, E N N; Ngele, N J; Ngwenya, W; Ngwenya-Mabila, P C;
Nhlengethwa, D G; Nkoana-Mashabane, M E; Nkwinti, G E; November, N
T; Ntapane, S Z; Ntuli, B M; Ntuli, Z C; Nxesi, T W; Nxumalo, M D;
Nyalungu, R E; Nyama, M M A; Nyanda, S; Nyekemba, E; Nzimande, B E;
Oliphant, G G; Oliphant, M N; Oosthuizen, G C; Pandor, G N M;
Peters, E D; Petersen-Maduna, P; Phaahla, M J; Phaliso, M N; PilusaMosoane, M E; Pule, D D; Radebe, B A; Radebe, G S; Radebe, J T;
Ramatlhodi, N A; Ramodibe, D M; Rantsolase, M A; Rasool, E; Saal, G;
Scheemann, G D; Sefularo, M; Segale-Diswai, M J; Selau, G J;
Sexwale, T M G; Shabangu, S; Shiceka, S; Sibanyoni, J B; Sibhidla, N
N; Sisulu, L N; Sithole, S C N; Sizani, P S; Skosana, J J; Smith, V
G; Sogoni, E M; Sonjica, B P; Sonto, M R; Sosibo, J E; Sotyu, M M;
Stofile, M A; Suka, L; Sulliman, E M; Sunduza, T B; Thabethe, E ;
Thobejane, S G; Thomson, B; Tinto, B; Tlake, M F; Tobias, T V;
Tsebe, S R; Tseke, G K; Tsenoli, S L; Tshivhase, T J; Tsotetsi, D R;
Twala, N M; Vadi, I; Van Schalkwyk, M C J; Van Wyk, A; Williams, A
J; Xaba, P P; Xasa, T; Xingwana, L M; Zulu, B Z.
NOES - 88: Adams, L H; Balindlela, Z B; Blaai, B C; Boinamo, G G;
Botha, T; Carter, D; Dandala, H M; Davidson, I O; De Freitas, M S F;
De Lille, P; Dexter, P D; Dreyer, A M; Du Toit, N D; Dudley, C;
Ellis, M J; Farrow, S B; Fritz, A T; Gaehler, L B; George, D T;
18 MARCH 2010
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George, M E; Greyling, L; Holomisa, B H; James, W G; Kalyan, S V;
Kganare, D A; Kilian, J D; Kloppers-Lourens, J C; Kohler-Barnard, D;
Koornhof, N J J v R; Kopane, S P; Kotsi, C M; Krumbock, G R;
Lamoela, H; Lee, T D; Lorimer, J R B; Lotriet, A; Louw, A;
MacKenzie, G D; Marais, E J; Marais, S J F; Mashiane, L M; Maynier,
D J; Mazibuko, L D; McGluwa, J J; Mda, A; Mnguni, P B; Molao, S P;
More, E; Morgan, G R; Mubu, K S; Mulder, C P; Ndude, H N; Ngonyama,
L S; Nhanha, M A; Njobe, M A A; Ntshiqela, P; Oriani-Ambrosini, M G;
Poho, P; Pretorius, P J C; Rabie, P J; Rabotapi, M W; Ramatlakane,
L; Robinson, D; Ross, D; Rwexana, S P; Schafer, DA; Selfe, J;
Shilowa, M S; Smiles, D C; Smuts, M; Snell, G T; Steele, M H; Steyn,
A; Swart, M; Swart, S N; Swathe, M M; Tolo, L J; Trollip, RAP; Van
Dalen, P; Van den Berg, N J; Van der Linde, J J; Van der Walt, D;
Van der Westhuizen, A P; Van Dyk, S M; Van Schalkwyk, H C; VukuzaLinda, N Y; Waters, M; Wenger, M.
ABSTAIN - 5: Bhoola, R B; Lucas, E J; Mpontshane, A M; Msimang, C T;
Skosana, M B.
Question agreed to.
Amendment accordingly agreed to.
Question put: That the motion by Rev H M Dandala, as amended, be
agreed to.
Division demanded.
18 MARCH 2010
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The House divided.
AYES - 242: Abram, S; Adams, P E; Ainslie, A R; Baloyi, M R; BamMugwanya, V; Bapela, K O; Bhengu, N R; Bhengu, P; Bikani, F C;
Bogopane-Zulu, H I; Bonhomme, T J; Booi, M S; Borman, G M; Boshigo,
D F; Botha, Y R; Burgess, C V; Chabane, O C; Chauke, H P; Chikunga,
L S; Chiloane, T D; Chohan, F I; Coleman, E M; Cronin, J P; Cwele, S
C; Dambuza, B N; Davies, R H; De Lange, J H; Dikgacwi, M M;
Ditshetelo, I C; Dlakudla, D E; Dlamini-Zuma, N C; Dlulane, B N;
Doidge, G Q M; Dubazana, Z S; Dube, M C; Duma, N M; Dunjwa, M L;
Ebrahim, E I; Farisani, T S; Fihla, N B; Fransman, M L; Frolick, C
T; Fubbs, J L; Gasebonwe, T M A; Gcwabaza, N E; Gelderblom, J P;
Gigaba, K M N; Gina, N; Godi, N T; Godongwana, E; Gololo, C L; Gona,
M F; Goqwana, M B; Gumede, D M; Gungubele, M; Gxowa, N B; Hajaig, F;
Hanekom, D A; Hogan, B A; Holomisa, S P; Huang, S-B; Jacobus, L;
Jeffery, J H; Joemat-Pettersson, T M; Johnson, M; Kekane, C D;
Kenye, T E; Kholwane, S E; Khumalo, F E; Komphela, B M; Koornhof, G
W; Kota-Fredericks, Z A; Landers, L T; Lekgetho, G; Line, H;
Lishivha, T E; Luthuli, A N; Luyenge, Z; Maake, J J; Mabasa, X;
Mabedla, N R; Mabuza, M C; Madasa, Z L; Madlala, N M; Mafolo, M V;
Magagula, V V; Magama, H T; Magau, K R; Magazi, M N; Magwanishe, G;
Mahlangu-Nkabinde, G L; Makasi, X C; Makhubela-Mashele, L S;
Makhubele, Z S; Makwetla, S P; Malale, M I; Malgas, H H; Maluleka, H
P; Maluleke, J M; Manamela, K B; Manana, M C; Manganye, J; Mangena,
M S; Manuel, T A; Mapisa-Nqakula, N N; Martins, B A D; Mashatile, P;
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Mashigo, R J; Mashishi, A C; Masutha, T M; Mataboge, D K; Mathebe, D
H; Mathebe, P M; Mathibela, N F; Matladi, M N; Matlanyane, H F;
Matshoba, J M; Maunye, M M; Mavunda, D W; Mayende-Sibiya, N A;
Maziya, A M; Mbalula, F A; Mbili, M E; Mdaka, M N; Mdakane, M R;
Mdladlana, M M S; Mfeketo, N C; Mgabadeli, H C; Mjobo, L N; Mkhize,
L N; Mkhulusi, N N P; Mlangeni, A; Mmusi, S G; Mnisi, N A; Mokoena,
A D; Molebatsi, M A; Molewa, B E E; Moloi-Moropa, J C; Morutoa, M R;
Moss, L N; Motimele, M S; Motlanthe, K P; Motshekga, M A; Motshekga,
M S; Mthethwa, E M; Mthethwa, E N; Mtshali, E; Mufamadi, T A;
Mushwana, F F; Muthambi, A F; Nchabeleng, M E; Ndabandaba, L B G;
Ndabeni, S T; Ndebele, J S; Nel, A C; Nelson, W J; Nene, N M;
Newhoudt-Druchen, W S; Ngcengwane, N D; Ngcobo, B T; Ngcobo, E N N;
Ngele, N J; Ngwenya, W; Ngwenya-Mabila, P C; Nhlengethwa, D G;
Njikelana, S J; Nkoana-Mashabane, M E; Nkwinti, G E; November, N T;
Ntuli, B M; Ntuli, Z C; Nxesi, T W; Nxumalo, M D; Nyalungu, R E;
Nyama, M M A; Nyanda, M F; Nyanda, S; Nyekemba, E; Nzimande, B E;
Oliphant, G G; Oliphant, M N; Oosthuizen, G C; Padayachie, R L;
Peters, E D; Petersen-Maduna, P; Phaahla, M J; Phaliso, M N; PilusaMosoane, M E; Pule, D D; Radebe, B A; Radebe, G S; Radebe, J T;
Ramatlhodi, N A; Ramodibe, D M; Rantsolase, M A; Rasool, E; Saal, G;
Scheemann, G D; Sefularo, M; Segale-Diswai, M J; Selau, G J;
Sexwale, T M G; Shabangu, S; Shiceka, S; Sibanyoni, J B; Sibhidla, N
N; Sisulu, L N; Sithole, S C N; Sizani, P S; Skosana, J J; Skosana,
M B; Smith, V G; Snell, G T; Sogoni, E M; Sonjica, B P; Sonto, M R;
Sosibo, J E; Sotyu, M M; Stofile, M A; Suka, L; Sulliman, E M;
Sunduza, T B; Thabethe, E; Thobejane, S G; Thomson, B; Tinto, B;
18 MARCH 2010
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Tlake, M F; Tobias, T V; Tsebe, S R; Tseke, G K; Tsenoli, S L;
Tshivhase, T J; Tsotetsi, D R; Twala, N M; Vadi, I; Van Schalkwyk, M
C J; Van Wyk, A; Williams, A J; Xaba, P P; Xasa, T; Xingwana, L M;
Zulu, B Z.
NOES - 83: Adams, L H; Balindlela, Z B; Blaai, B C; Boinamo, G G;
Botha, T; Carter, D; Dandala, H M; Davidson, I O; De Freitas, M S F;
De Lille, P; Dexter, P D; Dreyer, A M; Du Toit, N D; Dudley, C;
Ellis, M J; Farrow, S B; Fritz, A T; Gaehler, L B; George, D T;
George, M E; Greyling, L; Holomisa, B H; James, W G; Kalyan, S V;
Kganare, D A; Kilian, J D; Kloppers-Lourens, J C; Kohler-Barnard, D;
Koornhof, N J J v R; Kopane, S P; Kotsi, C M; Krumbock, G R;
Lamoela, H; Lee, T D; Lotriet, A; Louw, A; MacKenzie, G D; Marais, E
J; Marais, S J F; Mashiane, L M; Maynier, D J; Mazibuko, L D;
McGluwa, J J; Mda, A; Mnguni, P B; Molao, S P; More, E; Morgan, G R;
Mubu, K S; Mulder, C P; Ndude, H N; Ngonyama, L S; Nhanha, M A;
Njobe, M A A; Ntshiqela, P; Poho, P; Pretorius, P J C; Rabie, P J;
Rabotapi, M W; Ramatlakane, L; Robinson, D; Ross, D; Rwexana, S P;
Schafer, DA; Selfe, J; Shilowa, M S; Smiles, D C; Smuts, M; Steele,
M H; Steyn, A; Swart, M; Swart, S N; Swathe, M M; Tolo, L J; Van
Dalen, P; Van den Berg, N J; Van der Linde, J J; Van der Westhuizen,
A P; Van Dyk, S M; Van Schalkwyk, H C; Vukuza-Linda, N Y; Waters, M;
Wenger, M.
ABSTAIN - 6: Bhoola, R B; Lucas, E J; Mpontshane, A M; Msimang, C T;
Ntapane, S Z; Oriani-Ambrosini, M G.
18 MARCH 2010
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Question agreed to.
Motion, as amended, accordingly agreed to.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON CORRECTIONAL
SERVICES ON OVERSIGHT VISITS TO MANGAUNG, NEW KIMBERLEY AND
GROOTVLEI CORRECTIONAL CENTRES ON 2 AND 3 FEBRUARY 2010
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON CORRECTIONAL
SERVICES ON 2008-09 ANNUAL REPORTS OF DEPARTMENT OF CORRECTIONAL
SERVICES AND OF JUDICIAL INSPECTORATE FOR CORRECTIONAL SERVICES
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON CORRECTIONAL
SERVICES ON OVERSIGHT VISITS TO POLLSMOOR AND MALMESBURY
CORRECTIONAL CENTRES IN WESTERN CAPE ON 5 AND 6 AUGUST 2009
There was no debate.
The CHIEF WHIP OF THE MAJORITY PARTY: I move:
That the Reports be adopted.
Motion agreed to.
Report on Oversight Visits to Mangaung, New Kimberley and Grootvlei
Correctional Centres on 2 and 3 February 2010 accordingly adopted.
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Report on 2008-09 Annual Reports of Department of Correctional
Services and of Judicial Inspectorate for Correctional Services
accordingly adopted.
Report on Oversight visits to Pollsmoor and Malmesbury Correctional
Centres in Western Cape on 5 and 6 August 2009 accordingly adopted.
CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT IN TERMS OF
SECTION 231(2) OF THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA,
1996, OF MEMBERSHIP OF SOUTH AFRICA TO THE INTERNATIONAL RENEWABLE
ENERGY AGENCY
Mrs E THABETHE: Speaker, the Portfolio Committee on Energy, having
considered the request for approval by Parliament of membership of
South Africa to the International Renewable Energy Agency, Irena,
recommends that the House, in terms of section 231(2) of the
Constitution, approve this request.
The International Renewable Energy Agency was officially launched in
Bonn on 26 January 2009. To date, 140 states and the European Union
have signed the statute of the agency, amongst them 48 African, 37
European, 33 Asian, 15 American and 9 Australia-Oceania states.
Mandated by this government worldwide, Irena will promote the
widespread and increased adoption and sustainable use of all forms
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of renewable energy, acting as a global voice for renewable
energies. Irena will facilitate access to all relevant renewable
energy information, including technical data, economic data and
renewable resource-potential data.
We hope that by passing this and also agreeing with the committee —
because this was a unanimous decision by all committee members — we
will be able to deal with the challenges of renewable energy in this
country. Speaker, I hope that the House will agree and approve this
request. Thank you. [Applause.]
There was no debate.
Request for Membership of South Africa to the International
Renewable Energy Agency approved.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON WATER AND
ENVIRONMENTAL AFFAIRS ON VIDEO CONFERENCE ON CLIMATE CHANGE HELD
WITH PARLIAMENT OF UNITED KINGDOM
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON WATER AND
ENVIRONMENTAL AFFAIRS ON JOINT PUBLIC HEARINGS ON POLITICAL,
ECONOMIC, LEGAL, GENDERED AND SOCIAL IMPACTS OF CLIMATE CHANGE
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON WATER AND
ENVIRONMENTAL AFFAIRS ON WATER TARIFF INCREASES OF BULK WATER
RESOURCES 2009-10
18 MARCH 2010
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There was no debate.
The CHIEF WHIP OF THE MAJORITY PARTY: I move:
That the Reports be adopted.
Motion agreed to.
Report on Video Conference held with Parliament of United Kingdom on
Climate Change accordingly adopted.
Report on Joint Public Hearings on Political, Economic, Legal,
Gendered and Social Impacts of Climate Change accordingly adopted.
Report on Water Tariff Increases of Bulk Water Resources 2009-10
accordingly adopted.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON HIGHER EDUCATION
AND TRAINING ON OVERSIGHT VISIT TO GIYANI, LIMPOPO
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON HIGHER EDUCATION
AND TRAINING ON OVERSIGHT VISIT TO UNIVERSITY OF STELLENBOSCH
Mr M L FRANSMAN: Hon Chairperson, the Portfolio Committee on Higher
Education and Training undertook an oversight visit to the
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University of Stellenbosch, and the strategic focus really related
to issues of admission, language policy, the transformation plan and
the challenges for students.
This happened on 13 October, and the committee was able to meet the
management, under the leadership of the rector, as well as the
students themselves. Some of the issues reflected were the
following: Firstly, it’s very clear that there is very good work
taking place at the institution; secondly, there is the launch of a
satellite into space with the Department of Science and Technology
and lastly, there is the hosting of many research fund centres of
excellence, Stellenbosch University being one of the top academic
and research institutions in the country.
However, some of the concerns the committee identified are that
after 15 years of our democracy, only approximately 4% of the
academic staff are black, 76% of undergraduates are white, and there
is a low through-put rate of students, as well as a very small
percentage in infrastructure to accommodate challenged students.
What the committee then agreed on — in terms of its findings — was
that the vision of 2015, as defined by the management of the
institution, should be urgently reviewed in the context of the
transformation agenda, and that an inclusive human resource
development strategy is required to attract more black academic
staff.
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Special emphasis should be placed on undergraduate students and
there should be a focus on research but not an overemphasis on
research. And, equally so, special emphasis should be placed on the
issue of teacher development at that particular institution. The
committee is tabling this report in order for the House to agree to
it. Thank you. [Applause.]
There was no debate.
The CHIEF WHIP OF THE MAJORITY PARTY: I move:
That the Reports be adopted.
Motion agreed to.
Report on Oversight Visit to Giyani, Limpopo, accordingly adopted.
Report on Oversight Visit to University of Stellenbosch accordingly
adopted.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON SOCIAL DEVELOPMENT
ON OVERSIGHT VISIT TO MPUMALANGA DEPARTMENT OF SOCIAL DEVELOPMENT,
NKOMAZI DISTRICT MUNICIPALITY, MBOMBELA LOCAL MUNICIPALITY, MBOMBELA
AND NKOMAZI MUNICIPALITIES’ PROJECTS, SOUTH AFRICAN SOCIAL SECURITY
18 MARCH 2010
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AGENCY, SASSA, OFFICE, PAYPOINTS AND SERVICE AREAS AND NATIONAL
DEVELOPMENT AGENCY, NDA PROJECTS
There was no debate.
The CHIEF WHIP OF THE MAJORITY PARTY: I move:
That the Report be noted.
Motion agreed to.
Report on Oversight Visit to Mpumalanga Department of Social
Development, Nkomazi District Municipality, Mbombela Local
Municipality, Mbombela and Nkomazi Municipalities Projects, South
African Social Security Agency, Sassa Office, Paypoints and Service
Areas and National Development Agency, NDA, Projects accordingly
noted.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Unfortunately ...
... angizukuvala ngoba nisakhuluma ngaphandle kokuthi nithule ukuze
siqhubeke nomucu wokugcina. [Uhleko.] [... I won’t adjourn this
meeting unless you keep quiet in order for us to continue with the
last line.] [Laughter.]]
The House adjourned at 16:58.
18 MARCH 2010
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__________
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
THURSDAY, 11 MARCH 2010
ANNOUNCEMENTS
National Assembly
The Speaker
1.
Letter from Minister of Justice and Constitutional Development on late submission of
regulations
(a)
A letter dated 8 March 2010 has been received from the Minister of Justice and
Constitutional Development, explaining the reasons for the late tabling of regulations made
in terms of section 97(1) of the Child Justice Act, 2008 (No 75 of 2008).
Referred to the Portfolio Committee on Justice and Constitutional Development for
consideration.
Correction: The above entry replaces item 1(b) published under Tablings in the name of The
Speaker in the Announcements, Tablings and Committee Reports of 10 March
2010, page 486.
18 MARCH 2010
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TABLINGS
National Assembly and National Council of Provinces
1.
The Minister of Trade and Industry
(a)
Preferential Trade Agreement (PTA) between the Southern African Customs Union
(SACU) and the Common Market of the South (MERCOSUR), tabled in terms of section
231(2) of the Constitution, 1996.
(b)
Explanatory Memorandum to the Preferential Trade Agreement (PTA) between the
Southern African Customs Union (SACU) and the Common Market of the South
(MERCOSUR).
FRIDAY, 12 MARCH 2010
TABLINGS
National Assembly and National Council of Provinces
1.
The Speaker and the Chairperson
(a)
Letter from the Minister of Public Works dated 11 March 2010, to the Speaker of the
National Assembly requesting for the withdrawal of the Department of Public Works
Strategic Plan for the period 2010 – 2013.
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2010-2013
DEPARTMENTAL
STRATEGIC
PLAN
AND
ENTITIES
IN
PARLIAMENT
The Department of the Public Works’ strategic plan was tabled in Parliament on the 3rd of
March 2010. There have been noticeable inaccuracies in the tabled document which have to
be rectified by the Department.
The amendments made to the departmental strategic plan of the department and further
undertake to table the amended version to Parliament within two (2) weeks. Note that the
aligned strategic plans of the sector entities, namely, Construction Industry Development
Board (CIDB), Council for the Built Environment (CBE), Independent Development Board
(IDB) and Agrément South Africa (ASA) will also be tabled within the said two (2) weeks.
I sincerely apologise to Parliament and its committees for the inconvenience caused as a
result of these developments.
Yours sincerely,
(Signed)
G Q M DOIDGE (MP)
MINISTER
Date: 11/03/2010
Cc:
Hon G Olifant – Portfolio Committee on Public Works
18 MARCH 2010
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Hon Sibande MP – Select Committee on Public Services
2.
The Minister of Public Enterprises
(a)
Eskom’s 2010/11 tariff increase and amended pricing structure for municipalities with
effect from 1 July 2010, in terms of section 42 of the Local Government: Municipal
Finance Management Act, 2003 (Act No 56 of 2003).
MONDAY, 15 MARCH 2010
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1.
Introduction of Bills
(1)
The Minister of Justice and Constitutional Development
(a)
Prevention and Combating of Trafficking in Persons Bill [B 7 – 2010] (National
Assembly – proposed sec 75) [Explanatory summary of Bill and prior notice of its
introduction published in Government Gazette No 32906 of 29 January 2010.]
Introduction and referral to the Portfolio Committee on Justice and Constitutional
Development of the National Assembly, as well as referral to the Joint Tagging
Mechanism (JTM) for classification in terms of Joint Rule 160.
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In terms of Joint Rule 154 written views on the classification of the Bill may be
submitted to the JTM within three parliamentary working days.
2.
Draft Bills submitted in terms of Joint Rule 159
(1)
Black Authorities Act Repeal Bill, 2010, submitted by the Minister of Rural Development
and Land Reform.
Referred to the Portfolio Committee on Rural Development and Land Reform and the
Select Committee on Land and Environmental Affairs.
National Assembly
The Speaker
1.
Withdrawal of Strategic Plan
(a)
A letter dated 11 March 2010 has been received from the Minister of Public Works,
requesting the withdrawal of the strategic plan of the Department of Public Works for the
financial year 2010-13 that was tabled on 3 March 2010.
TABLINGS
National Assembly and National Council of Provinces
1.
The Minister of Public Enterprises
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(a) Tariff increase for 2010-11 and amendment to Eskom's pricing structure for municipalities,
tabled in terms of section 42(4) of the Local Government: Municipal Finance Management
Act, 2003 (Act No 56 of 2003), and supporting documents required in terms of section 42(3)
of the same Act.
2.
The Minister of Water and Environmental Affairs
(a)
Albany Coast Water Board’s Proposed Water Tariffs for 2010-11, tabled in terms of section
42 of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of
2003).
(b)
Amatola Water Board’s Proposed increase in Water Tariffs for 2010-11, tabled in terms of
section 42 of the Local Government: Municipal Finance Management Act, 2003 (Act No
56 of 2003).
(c)
Bloem Water Board’s Proposed increase in Water Tariffs for 2010-11, tabled in terms of
section 42 of the Local Government: Municipal Finance Management Act, 2003 (Act No
56 of 2003).
(d)
Botshelo Water Board’s Proposed increase in Water Tariffs for 2010-11, tabled in terms of
section 42 of the Local Government: Municipal Finance Management Act, 2003 (Act No
56 of 2003).
18 MARCH 2010
(e)
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Bushbuckridge Water Board’s Proposed Water Tariffs for 2010-11, tabled in terms of
section 42 of the Local Government: Municipal Finance Management Act, 2003 (Act No
56 of 2003).
(f)
Lepelle Northern Water Board’s Proposed increase in Water Tariffs for 2010-11, tabled in
terms of section 42 of the Local Government: Municipal Finance Management Act, 2003
(Act No 56 of 2003).
(g)
Magalies Water Board’s Proposed increase in Water Tariffs for 2010-11, tabled in terms of
section 42 of the Local Government: Municipal Finance Management Act, 2003 (Act No
56 of 2003).
(h)
Mhlathuze Water Board’s Proposed increase in Water Tariffs for 2010-11, tabled in terms
of section 42 of the Local Government: Municipal Finance Management Act, 2003 (Act No
56 of 2003).
(i)
Namakwa Water Board’s Proposed increase in Water Tariffs for 2010-11, tabled in terms
of section 42 of the Local Government: Municipal Finance Management Act, 2003 (Act No
56 of 2003).
(j)
Overberg Water Board’s Proposed increase in Water Tariffs for 2010-11, tabled in terms of
section 42 of the Local Government: Municipal Finance Management Act, 2003 (Act No
56 of 2003).
18 MARCH 2010
(k)
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Pelladrift Water Board’s Proposed Water Tariffs for 2010-11, tabled in terms of section 42
of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).
(l)
Rand Water Board’s Proposed increase in Water Tariffs for 2010-11, tabled in terms of
section 42 of the Local Government: Municipal Finance Management Act, 2003 (Act No
56 of 2003).
(m) Sedibeng Water Board’s Proposed increase in Water Tariffs for 2010-11, tabled in terms of
section 42 of the Local Government: Municipal Finance Management Act, 2003 (Act No
56 of 2003).
(n)
Umgeni Water Board’s Proposed increase in Water Tariffs for 2010-11, tabled in terms of
section 42 of the Local Government: Municipal Finance Management Act, 2003 (Act No
56 of 2003).
National Assembly
1.
The Speaker
(a) Letter dated 11 March 2010 from the Minister of Public Works, explaining the delay in
submitting the strategic plans of the Construction Industry Development Board (CIDB),
Council for the Built Environment (CBE), Independent Development Board (IDB) and
Agrément South Africa (ASA) for the financial year 2010-13.
COMMITTEE REPORTS
18 MARCH 2010
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National Assembly
1.
Report of the Portfolio Committee on Correctional Services on its 2 and 3 February
oversight visits to the Mangaung, New Kimberley and Grootvlei Correctional Centres, dated 10
March 2010.
1.
Introduction
1.1
On 2 and 3 February a delegation of the Portfolio Committee on Correctional Services
undertook an oversight visit to Mangaung Correctional Centre, one of South Africa’s two
public private partnership (PPP) correctional centres and the New Kimberley Correctional
Centre which was near completion at the time of the visit and was designed for delivery on the
detention and rehabilitation ideals contained in the White Paper on Corrections (White Paper)
of 2005. Both centres are located in the Department of Correctional Services’ (DCS) Free
State/Northern Cape region.
1.2
Concerned about the large number of sentenced and unsentenced children and juveniles
imprisoned, the Committee paid a brief visit to the juvenile section at the Grootvlei
Correctional Centre in Bloemfontein to assess the conditions of detention these young
sentenced and unsentenced inmates are subjected to.
1.3.
As stated in the Committee’s report on its first official oversight visit to the Pollsmoor and
Malmesbury correctional centres in the Western Cape, most of South Africa’s correctional
centres pre-date 1994 and their structure is not conducive to the implementation of the
rehabilitation and reintegration ideals and strategies contained in the White Paper. Central to
the success of these strategies is unit management, which requires the division of a correctional
centre into small manageable units ensuring appropriate supervision and monitoring of
offenders. This not only limits security risks, but also facilitates the implementation of the
necessary development and rehabilitation programmes, while ensuring that detention is safe
and secure and that the treatment and care of offenders did not violate South Africa’s human
rights framework.
1.4
The Committee is committed to seeing the entirely state-owned New Kimberley Correctional
Centre, with its promise of the successful rehabilitation of offending behaviour and
reintegration of offenders, become the embodiment of the objectives contained in the White
Paper. It has agreed to ‘adopt’ the centre, and will accordingly follow its progress very closely,
particularly given that future centres will be modelled on it.
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2.
Delegation
2.1
The delegation that visited Mangaung Correctional Centre on Tuesday, 2 February comprised
the following Members:
Mr V Smith (ANC, Chairperson), Ms W Ngwenya (ANC), Ms M Mdaka (ANC), Ms N Phaliso
(ANC), Ms F Nyanda (ANC), Mr Z Madasa (ANC), Mr A Fritz (DA), Mr J Selfe (DA) and Ms
C Blaai (COPE).
2.2
The delegation that visited the New Kimberley Correctional Centre on Wednesday, 3 February
comprised the following Members:
Mr V Smith (ANC, Chairperson), Ms M Mdaka (ANC), Ms N Phaliso (ANC), Ms F Nyanda
(ANC), Mr Z Madasa (ANC), Mr A Fritz (DA), and Ms C Blaai (COPE).
3.
Context
3.1
In October 2009 the Committee met with both the Mangaung and Kutama Sinthumule
correctional centre management as well as the DCS to be briefed on the PPP centres’
operations and challenges. It was agreed that site visits to both centres would be invaluable as
far as gaining a better understanding of their operation and the treatment of offenders detained
there. Due to time constraints the Committee could however only visit one of these centres in
February, and the Mangaung Correctional Centre was selected partly due to a number of
inmate uprisings it had experienced in recent months.
3.2
Construction of the New Kimberley Correctional Centre started in November 2006 and has
been plagued by numerous delays in its completion, which made completion by November
2008 impossible. It finally started admitting offenders on 11 January 2010, and will continue
doing so in phases as from 16 February 2010 when the centre is expected to have been handed
over by the contractor. The centre is expected to have been filled to capacity by 15 May 2010.
The Committee thought it necessary to visit the centre to gauge its readiness to start operating
fully, and given that it may become the prototype for future prison construction in South
Africa, to assess to what extent it would deliver on the White Paper’s rehabilitation and
reintegration ideals.
3.3
Given the large numbers of children detained at Grootvlei Correctional Centre, and its
proximity to the Mangaung Correctional Centre, the Committee agreed to also pay a short visit
to that Centre, specifically to assess the conditions under which child and juvenile offenders are
detained.
4.
Mangaung Correctional Centre
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4.1
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The Mangaung Correctional Centre is situated outside Bloemfontein. The PPP correctional
centres are managed by a holding company, in the case of Mangaung, G4S, with 2 Department
of Correctional Services (DCS) controllers on site to ensure the holding company’s compliance
in terms of the Correctional Services Act of 1998 as well as its contractual obligations. The
Head of the Centre as well as all staff are G4S employees. The contract between the DCS and
G4S is for a period of 25 years after which the centre will be owned and operated by the State.
The Centre took 14 months to complete and became operational in July 2001.
4.2
Mangaung Correctional Centre is a maximum security facility housing 2 928 sentenced adult
male offenders (agreed to in the contract and therefore never exceeded). 1 217 offenders are
serving sentences of 20 years or longer, 800 of them are “lifers”.
4.3
The Centre operates on the concept of unit management and is divided into housing blocks,
accommodating inmates in either single or double cells. Each unit is managed by a single
warder. Units and other facilities are linked through a number of “streets” used to access
workshops, educational facilities, sports fields, kitchens etc.
4.4
Offenders are transferred from centres across the country and all of them are assessed upon
admission to ensure that they are assigned a structured day programme best suited to their
rehabilitation needs.
5.
New Kimberley Correctional Centre
5.1
Unlike the Mangaung Correctional Centre, the New Kimberley Correctional Centre, which
falls in the DCS’ management area is fully state-owned and managed.
5.2
The medium security centre will accommodate 3 000 male offenders, serving sentences of 5 to
40 years. The centre comprises three 1 000-bed housing units. Talks are underway to have one
of the 1 000-bed units accommodate female offenders, and the other, male juvenile offenders.
At the time of the visit the Centre accommodated 237 male offenders in a single cell block.
These inmates were transferred as part of a trial-run to determine the prison’s readiness to start
filling and running the centre.
5.3.
In line with the objectives of the White Paper, the centre will operate on a unit management
system, and has been designed specifically to make that possible. In addition to the state of the
art educational, vocational, health and other facilities, the centre comprises three housing units,
each divided into twelve 240-bed cell blocks. Movement between housing units and other
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facilities happen via a central “street”, which is closely monitored from the centre’s state of the
art security control room.
6.
Grootvlei Correctional Centre
6.1
At the time of the visit the Grootvlei Medium A centre, where child and juvenile sentenced and
unsentenced offenders are housed, accomodated 7 sentenced boys under the age of 18, and 540
sentenced juveniles. The Centre housed 1 200 unsentenced juveniles, accommodated in cells of
up to 80 each.
7.
Observations
7.1
Mangaung and New Kimberley Correctional Centres
7.1.1 Apart from the weekly meetings around operational matters between Mangaung Correctional
Centre’s Head and the DCS controllers on site, G4S and the DCS have monthly ‘high level’
meetings to discuss issues related to service delivery. These interactions notwithstanding, the
Managing Director reported that communication between his company and the DCS could still
be improved particularly to facilitate greater stakeholder involvement and more frequent
exchange of ideas to ensure that best practices on both sides are shared.
7.1.2 The Mangaung Correctional Centre ascribed the incidents of unrest experienced over recent
months to the reclassification process. According to Section 29 of the Correctional Services
Act of 1998 an inmate’s security classification is determined by the extent to which he or she
presents a security risk, and determines whether the sentence or remainder of the sentence
would be served in a maximum or minimum security centre. Reclassification is determined via
a tool introduced to correctional centres in August 2006. In November 2008 the National
Overcrowding Task Team (NOTT) reported that the tool was not being utilised at Mangaung,
and recommended its immediate implementation. This was not done and in July 2009 inmates
embarked on a hunger-strike in protest. At the subsequent consultation process between the
DCS and the private contractors it was agreed that the tool would be implemented. The Centre
is confident that it has dealt with the unrest and would in future be able to avoid such protests,
but could not confirm that the reclassification challenges at Mangaung have been addressed.
The Committee was assured that no unnecessary force was used in containing and suppressing
inmate protests.
7.1.3 The Mangaung Correctional Centre expressed concern about its ability to implement in line
with the President’s announcement on World Aids Day 2009 that anti-retroviral drugs would
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now be available to all HIV positive persons with CD4 counts of 350 or lower. While this
development is welcomed in the fight against HIV/AIDS, there are concerns about how it
would be implemented and the costs associated. At the time of the visit the DCS and G4S had
not reached an agreement as to who should bear the cost of the implementation.
7.1.4 Mangaung Correctional Centre employs one social worker for every 300 offenders and
reported that their retention is much better than that of DCS correctional centres where the
working conditions and heavy workload often result in an inability to attract and retain such
and similar professionals.
7.1.5 At the Mangaung Correctional Centre all offenders are assessed upon admission to ensure that
structured day programmes allowing for school, work programmes, vocational, rehabilitation
programmes are developed according to the rehabilitation needs of each offender.
7.1.6 All offenders incarcerated at the New Kimberley Correctional Centre will have sentence plans
designed to map their rehabilitation programmes. Corrections Assessment Officers will assess
offenders upon admission and will compile sentence plans for the case management
committee’s approval. Once approved correctional interventions officers will be responsible for
ensuring implementation of sentence plans. The Committee was assured that this process will
be followed once phased admission of offenders commenced after the hand-over of the centre.
7.1.7 The Committee was impressed by the general cleanliness of the Mangaung Correctional
Centre’s grounds and facilities. Each inmate is responsible for keeping his cell clean and tidy
and graffiti is strictly prohibited.
7.1.8 The Committee was pleased to see that inmates at both centres were involved in work
activities. At the New Kimberley Correctional Centre inmates were tending the gardens while
others were busy with cleaning duties in and around the correctional centres. The facility has a
fully-equipped kitchen that will make extensive use of inmate labour and no nutrition services
will be outsourced.
7.1.9 The delegation is concerned that on the day of the visits to the New Kimberley Correctional
Centre, there was evidence of offenders smoking in areas other than the designated smoking
zones, with officials apparently having very little ability or inclination to prevent it.
7.1.10 At the time of the visit most of the financed posts at the New Kimberley Correctional Centre
had been filled. The majority of staff members were employed from the areas surrounding the
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centre, largely because, apart from the head of centre and his deputies, it is unlikely that
officials will be accommodated on the prison grounds.
7.1.11 Nutrition services at the New Kimberley Correctional Centre will not be outsourced, and
although the soil at the centre is not conducive to agriculture, vegetables will be provided by
the other centre in the vicinity.
7.1.12 As is the case at the Mangaung Correctional Centre, the New Kimberley Correctional Centre
will be cashless with neither officials nor inmates being allowed any money, thus limiting the
opportunity for bribery and other forms of corruption.
7.1.13 The Regional Commissioner agreed that the Judicial Inspectorate for Correctional Services
(JICS) played an important role as far as reporting on deaths and gangsterism, ensuring the
humane treatment of offenders, the diversion of juveniles and the addressing of the needs of
unsentenced offenders. The New Kimberley Correctional Centre’s Head of Centre reported
however that officials felt that their conduct was reported on, and that their efforts at
maintaining discipline were frustrated at times. There were also complaints that independent
correctional centre visitors (ICCVs) were not performing and were compiling fraudulent
reports.
7.2
Grootvlei Correctional Centre
7.2.1 The delegation was alarmed by the conditions in which sentenced and unsentenced children
and juvenile inmates were accommodated. Apart from the overcrowding, cells were dirty and
in a state of serious disrepair with leaks, faulty taps and broken toilets. The conditions were
unhygienic and likely to contribute to the spread of disease.
7.2.2 Although kept in cells separate from those of the adult sentenced population, child offenders
are wearing the same orange uniform meant for adult sentenced offenders.
8.
Recommendations
8.1
Category of offenders incarcerated at the new generation prisons
8.1.1 Both new generation centres visited were designed to accommodate adult male offenders
serving relatively long to life sentences. While all offenders should be provided with care and
development programmes, the roll-out of such programmes to juvenile and those serving short
sentences should be prioritised, as they stand to benefit most, given that such programmes are
designed to reduce recidivism. The region has already submitted a proposal that one of the New
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Kimberley Correctional Centre’s housing blocks be converted for the incarceration of juvenile
offenders, and the Committee eagerly awaits the outcome of that process. The DCS
accordingly explore all avenues that would enable them to accommodate juvenile and shortterm offenders at both the PPP correctional centres, the New Kimberley Correctional Centre as
well as all future new generation centres.
8.1.2 Concern was raised that the centres visited only accommodated men and that therefore male
offenders only will benefit from the state of the art rehabilitation services offered at the centres.
Cognisant of the fact that women make up a small percentage of South Africa’s prison
population and that correctional centres accommodating women had to adhere to the United
Nations Minimum Standards for the detention of women, and that such adherence would
require certain structural adjustments, the Committee nevertheless recommends that ways in
which women can also be accommodated at the centres be explored, so that they too could
benefit from the programmes offered there.
8.2
Transfers
8.2.1 Interactions with the offenders transferred to the New Kimberley Correctional Centre since 11
January revealed that many were transferred without having been adequately prepared for the
experience of incarceration at the new Centre, or without being given sufficient opportunity to
communicate their transfer to their families. The Committee accepts that the delays in the
installation of the telephone lines may have contributed to the latter, and recommends that
regions transferring offenders to the new centre will ensure that offenders are adequately
briefed and that they have opportunity to communicate with their families in order to ensure
that family contact, which forms an integral part of their rehabilitation and reintegration, is not
compromised. Transfers should be managed responsibly as inmates’ understanding of the
benefits of incarceration at the centre is key to the success of the care, development,
rehabilitation and other programmes offered. In addition, everything should be done to ensure
that the 7 offenders who have to write supplementary matric examinations and who were
transferred to the centre from Mpumalanga have the opportunity to do so.
8.2.2 Inmates at both centres complained of long waiting periods before the outcome of their transfer
requests are communicated to them, and that often such requests are rejected. Most transfer
requests are motivated by inmates’ need to be closer to their families for visitation purposes.
The DCS should ensure that all transfers to any centres in the country are done within the
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prescribed rules and regulations and that as far as possible, such transfers should not jeopardise
rehabilitation and reintegration efforts.
8.3
Inmate Labour
8.3.1 The Committee remains ardent advocates of inmate labour which it believes will not only curb
idleness, but could, if managed well, result in greater self-sufficiency at centre level. More
inmates should be involved in productive activities for the greater part of the day. The
Committee recognises that the legislation currently places certain limitations on the DCS as far
as its ability to enforce participation in work programmes and educational programmes, and
recommends that future reviews of the legislation consider these sections carefully to ensure
greater productivity on the part of offenders.
8.4
Development, Care and Rehabilitation
8.4.1 While the programmes intended for the New Kimberley Correctional Centre are most
impressive, their success will rely entirely upon all offenders at the centre having tailor-made
sentence plans catering to their rehabilitation needs. Such plans and their implementation rely
on the DCS’ ability to attract and retain the necessary professionals and artisans to do
assessments and run education and work programmes. The Centre should ensure that, in line
with the objectives of the White Paper, all offenders admitted are assessed in order to develop
the sentence plans which will inform the types of programmes and interventions they need for
their rehabilitation.
8.5
Personnel
8.5.1 The Committee agrees that staff at the New Kimberley Correctional Centre should as far as
possible be new to the correctional system to ensure that the correctional culture envisioned in
the White Paper thrives and is not corrupted. Measures should however be put in place to
ensure that the largely new and inexperienced warders are equipped to manage an offender
population that is likely to be very familiar with incarceration and may attempt to manipulate
and take advantage of warders’ lack of experience. Special care should be taken to ensure that
gangsterism does not take root among offenders.
8.6
Number-gangs
8.6.1 While the Committee appreciates the management of the New Kimberley Correctional Centre’s
reluctance to acknowledge the influence prison gangs may have once gang members are
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transferred to the centre, for fear of giving gangs more authority, it believes a more detailed
strategy for how to deal with the influence of prison gangs is necessary, particularly given that
most of the staff employed at the centre are new recruits who could potentially be manipulated
and taken advantage of by the hardened criminals likely to be transferred to the centre.
8.7
Health care
8.7.1 The DCS -G4S dispute about who should pay for the provision of ARVs to offenders with CD4
counts lower than 350 should be resolved as a matter of urgency, to ensure that service delivery
is not compromised. The Department of Health should also be negotiated with to determine to
what extent it can assist to lower the DCS’ costs in terms of health care provision.
8.8
Delays in completion of the New Kimberley Correctional Centre
8.8.1 The construction of the centre has been plagued by a number of delays. The Department has
been assured that the facility would be handed over by 15 February 2010 and is committed to
completing all transfers to the centre three months thereafter. The Committee hopes that there
will be no further delays, and that the Department and offenders will be able to reap the
benefits of a centre that is likely to, at completion, cost more than R890 million, as soon as
possible.
8.8.2 Delays are ascribed to weather conditions, scarcity of steel as well as labour unrest but the
Committee is unconvinced that these could have resulted in a two-year delay in the completion
of the facility. Care should be taken to ensure that future projects are not unnecessarily delayed
as these delays have huge cost implications for the State. Furthermore, the exact causes of the
delay in the New Kimberley Correctional Centre should be investigated, and those responsible
should be held accountable.
8.9
PPPs’ accountability
8.9.1 In the past the PPP centres reported directly to the national Department, but would now, like
other correctional centres, report to the region they fall under. The DCS controllers on site at
the PPP centres should ensure that contractual and legislative obligations are adhered to.
8.10
Children and Juveniles detained at the Grootvlei Correctional Centre
8.10.1 Children should be diverted or where there is no other option detained in secure care centres
designed especially for them so that their specific needs can be met. While the Committee
welcomes interventions put in place to reduce the number of incarcerated children, there
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remains a need for greater cooperation between the departments of Social Development, Justice
and Constitutional Development and Correctional Services.
At the Grootvlei Correctional Centre children did not participate in any programmes. While the
Committee accepted that children should not be incarcerated and that the provision of
programmes and education to them was not the DCS’ responsibility, the fact that they were in
its care, requires the DCS to partner with departments that shared the responsibility for caring
for delinquent children, to ensure that their needs are met, and that incarceration did not
damage them further. It is hoped that the Child Justice Act, that is to come into operation in
April 2010, will result in greater coordination of efforts to ensure better care for children in
conflict with the law.
8.11
Care and maintenance of facilities
8.11.1 The Committee observed leaks in the roofs of some of the units visited at the New Kimberley
Correctional Centre. The departments of Correctional Services and Public Works should ensure
that all such repairs are completed prior to the facility being handed over, and that maintenance
is not neglected after.
8.11.2 In addition everything should be done to ensure that offenders do not contribute to the
destruction and tarnishing of the centre. Grafitti should be prohibited and penalties imposed for
destruction and defilement of cells.
8.11.3 The Head of Centre should ensure that the Centre’s no smoking policy is strictly adhered to,
and that smoking only takes place in designated areas. Non-adherence not only poses a risk to
lives and safety of inmates and staff, but also compromises discipline within the Centre.
8.11.4 Concerns were raised about the absence of toilets in the hospital wards and the security risk
that it poses. While the Committee is satisfied with the interim measures to manage the
situation, it recommends that the installation of toilets in the wards be prioritised.
8.12
Parole
8.12.1 The 237 offenders currently incarcerated at the centre include offenders sentenced before 2004,
who are eligible for consideration for parole after having served a third of their sentence. These
offenders should be processed as a matter of urgency to ensure that they appear before the
parole board as soon as possible.
8.13
Reclassification
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8.13.1 The reclassification of inmates at the Mangaung Correctional Centre should be addressed as a
matter of urgency particularly because it is prescribed by law and one of the requirements
contained in the White Paper, and also because inmate uprisings such as the ones experienced
at the centre, pose a security risk. All centres should be compliant in that regard.
8.14
Judicial Inspectorate for Correctional Services
8.14.1 At the time of the visit the JICS was unfortunately not present to comment on allegations of
misconduct on the part of the ICCVs. The Committee does feel however that ICCVs should be
screened or vetted and their performance assessed on a regular basis. Furthermore a relationship of
mutual cooperation should be encouraged between JICS and DCS officials to ensure that the ICCVs’
necessary presence is understood and does not cause unnecessary strain and suspicion.
9.
Acknowledgements
The Committee would like to express its appreciation for the co-operation of the management of the
Department’s Free State/Northern Cape region and specifically that of the officials at the centres
visited.
Report to be considered.
TUESDAY, 16 MARCH 2010
TABLINGS
National Assembly and National Council of Provinces
1.
The Minister of Tourism
(a)
Strategic Plan of the Department of Tourism for 2010/11 – 2014/15.
18 MARCH 2010
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2. The Minister of Women, Children and People with Disabilities
(a)
Strategies Plan of the Department for Women, children and Persons with Disabilities for
2009 - 2014
National Assembly
1.
The Speaker
(a) Letter dated 11 March 2010 from the Minister of Health, explaining the delay in submitting
the strategic plans of the National Health Laboratory Services (NHLS), South African
Medical Research Council (MRC), and Council for Medical Schemes (CMS) for the financial
year 2010-13.
WEDNESDAY, 17 MARCH 2010
TABLINGS
National Assembly and National Council of Provinces
1.
The Minister in The Presidency: National Planning Commission
(a) General Notice No 101 published in Government Gazette No 32928 dated 2 February 2010:
Publication of the Revised Green Paper on National Planning Commission.
National Assembly
18 MARCH 2010
1.
Page 135 of 147
The Speaker
(a) Petition on the withdrawal of subsidies to six Eastern Cape independent schools, submitted
in terms of Rule 312 (Dr Z Luyenge).
Referred to the Portfolio Committee on Basic Education for consideration and report.
THURSDAY, 18 MARCH 2010
ANNOUNCEMENTS
National Assembly
The Speaker
1.
Referral of Bill
(1)
The Protection of Information Bill [B 6 – 2010] (National Assembly – proposed sec 75),
introduced on 9 March 2010, has been referred to the Ad Hoc Committee on Protection
of Information Legislation of the National Assembly (see House resolution in Minutes of
Proceedings of 18 March 2010).
COMMITTEE REPORTS
National Assembly
18 MARCH 2010
1.
Page 136 of 147
Report of the Portfolio Committee on Public Works on the oversight visit to the Eastern Cape
from 1 – 3 February 2010, dated 02 March 2010
1. Introduction
The Department of Public Works was tasked by the President of the Republic of South Africa to create
500 000 work opportunities by the end of December 2009 through phase two of the Expanded Public
Works Programme (EPWP 2). Pursuant to the Portfolio Committee on Public Works’ legislative
mandate and through the Committee’s interactions with the Department of Public Works (DPW), the
Committee decided to undertake an oversight visit to the Eastern Cape Province to monitor progress
made and experience the challenges faced by that Province in the roll out of the EPWP 2 programme
and also in the eradication of mud schools and other unsafe structures.
A multi party delegation undertook an oversight visit to the Eastern Cape Province on the from1 – 3
February 2010. The delegation was composed of:
Hon G G Oliphant (ANC), Chairperson and leader of the delegation, Hon C D Kekana (ANC), Hon N
M Madlala (ANC), Hon T H Magama (ANC), Hon N D Ngcengwane (ANC), Hon N T November
(ANC), Hon N J Masango (DA), Hon W Rabotapi (DA),
Hon L Gaehler (UDM), Hon P B Mnguni (COPE).
The following support staff from Parliament accompanied the delegation:
Miss A Busakwe (Committee Secretary), Miss S Goba (Committee Assistant) and Miss I Stephney
(Committee Researcher).
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The following officials also accompanied the delegation: Mr G Moso: Parliamentary Liaison Officer in
the Office of the Minister, Ms M Motumi: Parliamentary Liaison Officer in the Office of the Deputy
Minister, Ms C Mavi: DPW Intergovernmental Relations Unit, Mr X Nkwali: Independent
Development Trust (IDT) Regional General Manager, Mr M Makupula: Eastern Cape Programme
Portfolio Manager from the IDT, Mr E Masibi: Contractor Registrations Manager at the Construction
Industry Development Board (CIDB), Mr R Raphiri: Procurement Manager (CIDB), Mr S Ndamase:
Parliamentary Liaison Officer in the Office of the MEC (Eastern Cape Provincial Department of
Public Works), Mr B Makhwabe: Senior Manager EPWP, Mr K Kostile: EPWP Assistant Manager,
Ms N Ndlela: EPWP Assistant Manager, Mr J Lloyd: Communications Manager, Mr X Mkiwane:
EPWP Unit, Mr W Tutani: EPWP Unit and Ms Y Stengile.
2. Terms of reference
The overall objective of the oversight visit to the Eastern Cape Province was for the committee to
exercise its oversight mandate over the Department of Public Works with regards to the performance
of the Expanded Public Works Programme phase 2 (EPWP 2); the eradication of mud schools and
other inappropriate structures and thereafter compile a report with findings and recommendations to
Parliament for the Minister of the Department of Public Works to take the necessary actions in
assisting the Province.
3. Summary
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The Committee met with the MEC for Public Works, Ms P Majodina, the Head of the Public Works
Department in the Province, Mr B Gxilishe and other Senior Managers in the Eastern Cape
Department of Public Works. A presentation on EPWP 2 and a progress report on the eradication of
mud schools were presented.
Members of the Provincial Standing Committee on Public Works could not be part of the Portfolio
Committee’s oversight visit due to their Provincial Parliament Programme.
The MEC announced that as of 1 April 2010 the Department’s name will change to the Eastern Cape
Department of Roads and Public Works. This is in an effort to group together the infrastructure
departments.
Day one of the oversight visit of the Portfolio Committee coincided with the first day of training for
the National Youth Service (NYS) recruits in the Province. These young people had an opportunity to
meet with the members of the Portfolio Committee on Public Works who motivated them into working
hard in improving their skills by furthering their studies and by being dedicated in their jobs. The
NYS programme in the Eastern Cape was launched in November 2009 and 500 young people were
recruited to be part of the programme from 27 000 applicants. The programme is a joint venture
between the Department of Public Works, the then Umsobomvu and the National Youth Commission
which have since changed and collaborated to form the National Youth Development Agency
(NYDA). These young people will be trained over a period of three months and thereafter be dispersed
to different government buildings in the Province where they will be working as general workers. The
Department is committed into skilling these young people and study bursaries will be offered to them.
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Presentation on EPWP 2: The Province reported an achievement of 78% on work opportunities
reported against target in the infrastructure sector. Out of the allocated R83, 551.00 incentives grant
only R 22, 889.00 were used by the Province at the time of the visit. Performance at Public Body level
was reported to be uneven both at Municipal and Departmental levels. The challenges faced by Public
Bodies in implementing EPWP 2 were highlighted and measures to address these challenges were also
identified. The Provincial Department of Public Works will complement the technical staff provided
by the National Department of Public Works in collaboration with the Development Bank South
Africa (DBSA) Siyenza Manje programme in supporting municipalities technically. Provincial
Department of Public Works staff is deployed to capture information on sites and partnerships are to
be created with the National Department of Public Works to train officials in labour-intensive methods
of construction.
Presentation on the eradication of mud schools: This programme is responsible for assisting the
Department of Education with the eradication of mud and unsafe structures on a project basis as
allocated to the Department of Public Works by the Department of Education. The schools built by the
Department of Public Works are EPWP compliant. Challenges faced by the DPW are delays in
payment from the client departments, budget constraints, insufficient resources, late submission of
project list, delays in electricity connection and delays due to weather conditions.
The Committee visited various EPWP projects in the Amathole, O R Tambo and Alfred Nzo District
Municipalies. Profiles of these projects will be given in detail in the report under findings and the
challenges which were noted by the Committee will also be outlined in this report followed by the
Committee recommendations.
4. Findings
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4.1 Amathole District Municipality
Due to the ANC Lekgotla in the Province from 1 – 2 February 2010, the Executive Mayor and team
were not available to meet with the Portfolio Committee on Public Works.
4.1.1 Ngcingcinikhwe Access Road
This is an EPWP Kamoso awards best innovative project in the infrastructure sector for 2009. The
road is approximately 2.1 km between Ngcingcinikhwe and Evotini Villages, approximately 54 km’s
from Butterworth in the Mnquma local Municipality. In 2007, the Eastern Cape Department of Roads
and Transport identified the requirement for all weather vehicular access to Ngcingcinikhwe village
under the inaccessible roads programme. Previous attempts to build a road in this area failed because
the road is fairly steep.
Previously the only access for the community was a badly eroded track, too steep for vehicles. Labour
intensive construction methods were employed providing training and local work opportunities for 109
local unemployed people. The project had six committee members, seeing to the smooth running of the
project.
This was a R3 million project. Road has concrete and paving blocks which guarantees that it will not
wash away easily.
Requests from the Ngcingcinikhwe Community members:

That the road be built another kilometer further so that it can reach the last village;
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There are water taps in the area but they are not getting any water from those taps and they
request access to clean water from the government;

They request a clinic in their area, a school, electricity and sanitation;

This village of about 700 households complained that they will not be able to view the Soccer
World Cup that will be hosted by South Africa as they do not have access to television;

They requested fencing for their communal garden so that they can start planting vegetables
and benefit their community;
4.2 O R Tambo District Municipality
Councillor S Ntuli and the Chief Executive Officer of the O R Tambo Academic Hospital welcomed
the members of the Portfolio Committee on Public Works in the O R Tambo District Municipality and
the Hospital.
4.2.1 Bityi Ventilated Improved Pit (VIP) Sanitation Project (Ebhokisini Village)
The O R Tambo District Municipality signed the Memorandum of Understanding with the Department
of Public Works in 2006. This project is under the Vukuphile learnership programme. The project
started in June 2009. The initial contract with the 15 contractors who were awarded the tender by the
District Municipality required construction of 515 VIP toilets per contractor and at the value of R3, 1
million per contractor. Specifications changed as the size of the toilets needed to be increased which
means extra costs and that reduced the number of toilets to be constructed by each contractor to 414
structures. Training was provided for both the contractors and the supervisors. The supervisors
received technical training equivalent to NQF level 4 and the Contractors received managerial training
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equivalent to NQF level 2. In learnership programmes prices get negotiated unlike the normal
tendering process. The learners are paid R65.00 per day.
The workers in this project did not have the Personal Protective Clothing and the contractor the
Committee met insisted that in the original tender document, the requirement to provide the personal
protective clothing was not specified and was later included. The Committee observed that safety
standards were not met on site. The contractor complained about the two months delay in payment.
The community members had a number of complaints and some of the complaints were a result of
poor communication between the District Municipality Officials and the community members. There
were problems and uncertainty around the standard of the toilets seats used, the digging of holes and
payment for doing that, the type of soil these toilets are built in and the size of the toilets. Some of the
residents claimed that these toilets were not safe and the toilet pits were shallow. The project facilitator
from the District Municipality claimed that a geotechnical investigation was done in the area and the
toilets are built according to the results of the assessment done.
4.2.2 King Sabata Dalindyebo (KSD) Clean Up Campaign
The project has employed 50 people, 18 males and 32 females who are responsible for cleaning the
Umtata CBD and the surrounding areas (Mqanduli and Coffee Bay). These people do refuse collection
and clean the refuse that has been illegally dumped. The project beneficiaries belong in one of two
groups, one group is an initiative of the Department of Environmental Affairs called DEDEA and the
other is Buyisela/Ndaloyethu concept. Those that are in the DEDEA group each earn R1 600.00 per
month and the Buyisela beneficiaries earn R50.00 per day. The Dedea project started in June 2009 and
the Buyisela project started in December 2009.
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Some of the project beneficiaries were working without protective clothing due to procurement
challenges within the Municipality. The Municipality was faced with a challenge of having an old fleet
that was as old as 18 years and the Municipality budget could not accommodate the three year tender
for the lease of transport. The land fill site used is not a permitted site and a new site given to the
Municipality is under land claims and cannot be used until the land claim issue is sorted.
The workers asked for an increase in their stipend, for safety boots, vests, gloves and overalls and that
the project be extended to be over six months.
The KSD Municipality was asked to compile a file with the necessary documentation supporting the
challenges they have around acquiring of the landfill site.
4.2.3 Ruze Junior Secondary School
The school was one of the unsafe structures. It was built of prefabricated material and had no windows
and as a result most parents took their kids to better schools in the area. The school has 17 teachers and
600 learners. The new structure had 14 classrooms, toilets and a reception room.
The School Principal mentioned that they still needed furniture in the form of desks, chairs, tables,
cabinets, security clerk and computers.
The community requested an access road to the T173 road, a traditional council hall and a resident for
the Chief of the area with all the resources needed for the Chief to carry out his duties.
Dokodela Senior Primary School at Mhlanganweni location also needs renovations, the school is built
in prefabs and it does not have decent and adequate furniture. The school has 175 learners and five
teachers who teach Grade R to Grade six.
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4.3 Alfred Nzo District Municipality
The Councilors in this District Municipality promised to take a step further in service delivery. There
was a concern about the Department of Education not fully utilising their allocated budget which
impacts negatively on the community. The Councilors promised to submit a list of schools and the
EPWP 2 projects that need attention. A request was made that the rural municipalities should be given
more funds for them to speed up service delivery.
4.3.1 Alfred Nzo VIP Sanitation Project
This Municipality was placed under an intervention in terms of Section 139 of the Constitution and
after the interventions a new Senior Manager for Infrastructure Development and Municipal Services
was hired in October 2009.
The district has been divided into seven zone centers where material is produced for the construction
of VIP toilets. Two service providers were awarded the contracts, one service provider served five
municipalities and the other served two municipalities. This project uses the Municipal Infrastructure
Grant (MIG) funds. The District Municipality acknowledged their failure to claim the R 28 million of
the incentive grants.
The project visited by the Committee employed 150 people and machinery is used to produce bricks,
one machine produces 6000 bricks per day. Slabs and toilet seats are also produced on site.
The project beneficiaries earn a stipend of R65.00 per day. There were also labourers who were paid
R14.00 per task and that was viewed by the Committee as problematic as there were no clear measures
in place to measure a task. The labourers on site did not have protective clothing.
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The contractor building VIP toilets was asked to devise a method of changing the staff he employs,
staff members should know how many months their contracts would be instead of continuous change
which at times would come as a surprise to some of the people working in this project.
4.3.2 Msukeli Arts and Culture Centre
The Msukeli Arts and Culture Centre is a state of the art centre which was built to house different
cooperatives and small businesses in the area. The centre was built and funded by the Alfred Nzo
District Municipality at a cost of R10 million. The project started in the year 2006 and as time went on,
they started to experience problems around management of the centre. The manager of the centre
resigned and the community accused her of mismanagement of funds.
The centre owed Eskom and their electricity supply was cut. They can no longer afford diesel to pump
the water and as a result most of the facilities in the centre are closed e.g. the restaurant, internet café,
the hydroponics’ project, pottery, bead work and sewing centre.
The tunnels used for the planting of tomatoes were destroyed by the storm in 2009. There are 15 staff
members who get paid stipends of R500.00, a caretaker who earns R3 500.00 and a gardener who
earns R1000.00 per month.
When the project was fully functional, their arts and crafts used to be exhibited in different arts
festivals including the Grahamstown arts festival.
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On the 17 February 2010 a new board will be elected that will be responsible for the management of
this facility.
The Mayor of the Alfred Nzo District Municipality together with the Alfred Nzo Development Agency
were asked to assist in the management of the Msukeli Arts and Culture centre until a new board has
been elected. The project must be run in a manner that would raise funds for the project and make it
self sustainable by reviewing its revenue model from their business plan.
4.3.3 Brooksnek Junior Secondary School
The project started in October 2008 and will be completed on the 31 March 2010. This was one of the
unsafe structures; the first school building was a mud structure which was later changed into a
prefabricated structure. By the time of its eradication it was already collapsing and unsafe. The project
consisted of 15 classrooms, 26 toilets and an Administration block. Project beneficiaries were trained
in bricklaying, plastering and painting.
5. Conclusion
The Committee decided that it will do a follow up visit in the Province. The incentive grants given to
Provinces under the EPWP 2 were under utilized by the Eastern Cape Province.
Capacity problems were noted in the Municipalities and in the Provincial Department of Public Works
as this was also proved by the inability to fully utilise the incentive grants of the EPWP 2 programme.
The Committee Chairperson emphasised government’s commitment in fighting poverty, rural
development and ensuring good education for the children of our Country.
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6. Recommendations

The Committee recommends that the social protection and community development cluster
which comprises of a number of Government Departments should take into consideration and
act upon the situation of the people of Ngcingcinikhwe village in Ndabakazi, Butterworth.

The Portfolio Committee on Public Works recommends that this report be adopted as the
record of the House, the findings on it must be considered by the Eastern Cape Provincial
Department of Public Works and the National Department of Public Works for improvement
on the implementation of EPWP 2 projects. Municipal projects to be monitored and
municipalities are encouraged to report on their EPWP projects and communicate their
challenges in writing with the Provincial Department of Public Works.
Report to be considered.