START OF DAY
THURSDAY, 27 OCTOBER 2011
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PROCEEDINGS OF THE NATIONAL ASSEMBLY
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The House met at 14:05.
The Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS — see col 000.
NEW LEADER OF THE OPPOSITION
(Announcement)
The SPEAKER: Hon members, before we proceed, I wish to announce that I have been informed by the DA that the hon Lindiwe Mazibuko has been elected as the new parliamentary leader of the Democratic Alliance and therefore Leader of the Opposition. I wish to congratulate the hon member. [Applause.]
NOTICES OF MOTION
Mrs D ROBINSON: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:
That the House debates measures to improve breast cancer awareness, detection and treatment and recommendations to increase the number of women who seek out testing and treatment.
Ms L N MOSS: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House debates mechanisms to deal with the growing number of child murders.
Mrs H S MSWELI: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the IFP:
That the House debates the alleged neglect and abuse of patients within our public hospital system.
Ms D KOHLER-BARNARD: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:
That the House debates the current use of section 35 of the South African Police Service Act in terms of which members of the SAPS who are under criminal investigation are leaving the service with excessive severance pay and pension payouts and recommendations to improve the situation.
Dr Z LUYENGE: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House debates the development of a broad framework that is able to guide and bring about consensus when it comes to foreign direct investment.
Mr K S MUBU: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:
That the House debates the situation in Libya and measures by which South Africa can assist with the attainment of peace, stability and democracy in that country.
Mr G B D MCINTOSH: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of Cope:
That the House debates the need for the state to redirect scarce resources from excessive state consumption towards enhanced service delivery and infrastructure development.
Mrs G K TSEKE: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House debates ways to address the plight of homeless adults and youth.
Mr M M SWATHE: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:
That the House debates the control measures over the SA Police Service’s firearms, and recommendations to improve measures of control.
Ms P P XABA: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House debates the creation of viable economic nodes in rural areas.
LEGACY OF OLIVER TAMBO
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move without notice:
That the House —
1) notes that on this day, 27 October 1917, Oliver Tambo was born in Mbizana in eastern Pondoland, in what is now called the Eastern Cape;
2) further notes that Oliver Tambo, along with Nelson Mandela and Walter Sisulu, was a founding member of the ANC Youth League in 1943, becoming its first National Secretary and later a member of the National Executive in 1948;
3) acknowledges that in 1955 Tambo became Secretary-General of the ANC, in 1958 he became Deputy President of the ANC and thereafter, in 1959, was served with a five-year banning order by the then government;
4) further acknowledges that in 1967 Tambo became the acting President of the ANC, following the death of Chief Albert Luthuli, and in 1985 he was re-elected President of the ANC;
5) recalls that he earned his power through selfless service to the people and was a leader who succeeded in managing tensions amongst those fighting for the country’s liberation;
6) further recalls that he played a major role in the growth and development of the movement and that he was instrumental in the transformation of the ANC from a liberal constitutionalist organisation into a national liberation movement; and
7) recognises that Oliver Tambo dedicated his life to the liberation of South Africa and that his legacy will forever be remembered.
Agreed to.
INTERNATIONAL UNITED NATIONS DAY
(Draft Resolution)
Mrs S V KALYAN: Hon Speaker, I move without notice:
That the House —
1) notes that on 24 October 2011 International United Nations Day was celebrated, which commemorates the anniversary of the Charter of the United Nations since 1948;
2) further notes that this day celebrates the achievements of the United Nations and draws attention to the aims of the organisation;
3) affirms its commitment to the pivotal role that this organisation plays; and
4) calls upon all South Africans to respect the United Nations and to honour its function within the international sphere.
Agreed to.
JUDGE ALBERT J HOFFMANN APPOINTED AS VICE-PRESIDENT OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move without notice:
That the House —
1) notes that Judge Albert J Hoffmann has been appointed as vice-president of the International Tribunal for the Law of the Sea for the period 2011-2014, and has been a member of the tribunal since 2005 and takes over the vice-president’s role from Judge Helmut Tuerk;
2) further notes that the vice-president is elected for a period of three years and assumes the functions of the president in the event of a vacancy in the presidency or the inability of the president to exercise the functions of the presidency;
3) believes that Judge Hoffmann will bring to the tribunal vast knowledge and experience of international law and in particular, experience as a member of the tribunal; and
4) congratulates Judge Albert J Hoffmann on his appointment and wishes him success in his position.
Agreed to.
BREAST CANCER AWARENESS MONTH
(Draft Resolution)
Mrs S V KALYAN: Hon Speaker, I move without notice:
That the House –
1) notes that October is Breast Cancer Awareness month;
2) further notes that the aim of Breast Cancer Awareness month is to assist breast cancer charities to raise awareness through campaigns and fundraisers, and to contribute proceeds that fund research into combating the disease;
3) recognises that through such campaigns, information is made readily available about the cause, prevention, diagnosis and treatment of the disease;
4) further recognises that breast cancer is the leading form of cancer in South African women;
5) acknowledges that breast cancer is not only a disease that affects women, but that an increasing minority of men are also being diagnosed with the disease;
6) further acknowledges that breast cancer is a terrible disease that does not just affect individuals, but that the disease also affects families; and
7) calls upon all South Africans, women in particular, to regularly perform self-examination checks, visit a medical practitioner and contribute to this campaign in any way because together and committed, cancer can be beaten.
Agreed to.
CONGRATULATIONS TO TWO CAPE TOWN BALLET DANCERS
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move without notice:
That the House —
1) notes that two Cape Town ballet dancers, 19-year-old Mlindi Kulashe, originally from Nyanga and 17-year-old Ashley Scott from Hermanus, have won bronze medals in one of the most prestigious ballet competitions in the world, the 2011 Genée International Ballet Competition, held at the Artscape Opera House on Sunday, 9 October 2011;
2) further notes that the event was held over two days and included participant dancers from South Africa, the United States, Canada, Wales, Scotland, Israel, Malaysia, China, Japan, Australia, New Zealand, Hong Kong, Cyprus and Spain;
3) acknowledges that the Genée International Ballet Competition is dedicated to promoting and rewarding the standards of excellence in ballet dancers internationally; and
4) congratulates Mlindi Kulashe and Ashley Scott for winning these prestigious awards, as well as flying the South African flag high.
Agreed to.
TORNADOS IN FICKSBURG AND DUDUZA
(Draft Resolution)
Mrs S V KALYAN: Hon Speaker, I move without notice:
That the House —
1) notes that on two separate occasions tornados struck the towns of Ficksburg and Duduza in the Free State and Gauteng provinces respectively on Sunday, 2 October 2011;
2) further notes that these acts of nature, which are uncommon for these parts of the world, killed an 8-year-old child and injured over 160 people in Duduza, whilst claiming the life of a 9-year-old child and injuring a further 42 people in Ficksburg;
3) acknowledges that Duduza has been declared a disaster zone by local authorities as the storm disrupted the lives of thousands of people;
4) extends its condolences to not only the families of the deceased, but to all those affected; and
5) calls upon local authorities, community organisations and private entities to assist in any way possible to rebuild the communities.
Agreed to.
VOTE FOR TABLE MOUNTAIN AS ONE OF NEW SEVEN WONDERS OF NATURE
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move without notice:
That the House —
1) notes that Table Mountain is one of only 28 sites on the planet that have been shortlisted to be named as one of the official New Seven Wonders of Nature, a contest which aims to attract more than 1 billion votes worldwide;
2) further notes that there are just 13 days left for South Africans to try to get Table Mountain, one of only two African nominees in the New Seven Wonders of Nature competition, permanently into the history books; and
3) calls upon all South Africans to cast their votes either via the Internet, SMS, MXit or telephonically.
Agreed to.
SOUTH AFRICAN MARITIME SAFETY AUTHORITY HONOURED SEAFARERS
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move without notice:
That the House –
1) notes that the South African Maritime Safety Authority (Samsa) has honoured brave and hardworking seafarers who rode the high seas to keep global trade going, at a colourful event on Saturday night, 22 October 2011 in Cape Town;
2) further notes that amongst the men and women who were recognised for their work were Precious Dube, Bongiwe Mbambo and Pinky Zungu, who made history by becoming the first female pilots to obtain open licences that enable them to navigate ships of any size and type into South African waters, Jackson Piyose, who won the Samsa fishing award and Captain Dawie Erasmus, who scooped Samsa’s commercial award;
3) acknowledges that about 98% of South Africa’s trade is seaborne and such trade contributes to over 50% of the country’s gross domestic product; and
4) believes that their outstanding achievements will be an inspiration and will hopefully attract the younger generation, particularly young women, to be trained and skilled to take up the occupation addressing the shortage of seafarers in South Africa.
Agreed to.
PASSING AWAY OF PAUL HARRY KGOMOTSO DITSHETELO
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move without notice:
That the House –
1) notes with great sadness the death of a former Member of Parliament and former Deputy President of the UCDP, Paul Harry Kgomotso Ditshetelo, on Tuesday, 11 October 2011;
2) further notes that after a prolonged sickness, Mr Ditshetelo finally succumbed to kidney failure at a private medical facility in Johannesburg;
3) recalls that Mr Ditshetelo was central to the UCDP, having been present at the formation of the party in 1972, when it was called the Tswana National Party, and also when the party changed its name to the Christian Democratic Party in 1991;
4) further remembers that when the party was reconstituted post the democratic elections in 1994 and changed its name to UCDP, Mr Ditshetelo was present and was elected as the first Secretary-General of the UCDP and led the party in that position until he had it registered with the Independent Electoral Commission to contest elections in the Republic;
5) recalls that Mr Ditshetelo was elected as the first Deputy President of the party in 1998, a position he held with distinction until January 2011, when he stood down at the party’s congress.
Agreed to
CALLING OF JOINT SITTING OF PARLIAMENT
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move without notice:
That the House —
1) notes that the President of the Republic of South Africa has, in terms of the Constitution and the Joint Rules, called a Joint Sitting of the two Houses for Tuesday, 1 November 2011, at 14:00, to bid farewell to the Hon Justice Sandile Ngcobo, the former Chief Justice of the Republic of South Africa, and to welcome Chief Justice Mogoeng Mogoeng; and
2) resolves, subject to the concurrence of the National Council of Provinces, to invite former Chief Justice Sandile Ngcobo and Chief Justice Mogoeng Mogoeng to attend and participate in the Joint Sitting of the Houses on 1 November 2011.
Agreed to.
Motion of condolence
(The late Mr Paul Harry Kgomotso Ditshetelo)
Mrs M N MATLADI: Hon Speaker, I move the Draft Resolution printed in my name in the Order Paper as follows:
That the House —
1) notes with great sadness the passing of Mr Paul Harry Kgomotso Ditshetelo, a former Member of Parliament, who died in hospital in Johannesburg on Tuesday, 11 October 2011, after many months of ill health;
2) further notes that Mr Ditshetelo’s funeral service was held on 22 October 2011 in North West;
3) recalls that Mr Ditshetelo was one of the founding members of the United Christian Democratic Party (UCDP) and represented the UCDP in the National Assembly during the period 1999 to 2009;
4) further recalls that Mr Ditshetelo started at the UCDP as the Secretary-General and later became the Deputy President and finally acting President until 29 January 2011, when the party held an elective congress;
5) recognises that Mr Ditshetelo was a friend and mentor to many in the UCDP and that his legacy and contribution to the party will continue to inspire all of its members;
6) further recognises that Mr Ditshetelo strongly believed that all people are born equal and that his nature did not allow him to rest in the face of injustice;
7) believes that even in his passing, his legacy will serve to inspire people to take up the banner and continue the fight to keep his ideals alive; and
8) conveys its heartfelt condolences to the Ditshetelo family, his grieving widow and current Member of Parliament, Mrs Ipuseng Celia Ditshetelo, their three children, grandchildren and the UCDP and assures them that its thoughts and prayers are with them.
Mrs P A MOCUMI: We are gathered here today as the National Assembly to pay tribute and bid farewell to one of our former Members of Parliament, Mr Paul Harry Kgomotso Ditshetelo, who died on Tuesday, 11 October 2011, after he had been in ill health for some time.
Mr Ditshetelo diligently represented his party, the UCDP, in this House from 1999 to 2009. Hon Members, we are here today to bid farewell to this former colleague, who was also a wonderful husband to one of our MPs, the hon Celia Ditshetelo. The untimely and sudden death of Mr Paul Ditshetelo has not only robbed his family of a caring father and grandfather, but his departure from our midst is a great loss to the UCDP and the rest of South Africa. Even though I did not have the privilege of working closely with him, from what I have heard he has left a void that will not be filled.
Hon Celia Ditshetelo, although we may not feel the full extent of your pain, we appreciate that you know and understand that your loss is our loss too, because your husband was a man among those who dedicated their lives to the cause of the entire South Africa.
Hon members, as the ANC caucus we have assembled here not just to mourn, but to celebrate Mr Ditshetelo’s life, which was well lived. He was one of the founding members of the UCDP and there is no doubt the UCDP has lost a hard worker and a leader who represented that greatness of spirit that keeps that party going. In these challenging times in the existence of the UCDP, we are all called upon to return to those values that he represented and lived by.
His death may serve to remind all of us to strive for unity and to put the wellbeing of our country and its people above all personal and sectarian considerations. Irrespective of party differences, we, the ANC, join all political parties in this House in celebrating the life of the late Kgomotso Ditshetelo.
This afternoon, let us rededicate ourselves to making this country of ours the cohesive, caring and decent society that we as South Africans can be proud of. As the ANC caucus we take this opportunity to express our deepest condolences to the Ditshetelo family. We want to say to them, in memory and in honour of Mr Kgomotso’s life, that we are proud of the contribution he made during his term as a Member of Parliament.
Ba ga Ditshetelo, le balosika lotlhe, ra re lalang ka ntho madi a tshologa. Ga go a senyega sepe. Ke a leboga. [To the Ditshetelo family, may you be comforted in these trying times. It’s not the end of the world. Thank you.]
Mr M M SWATHE: Hon Speaker, hon Members of Parliament ...
... re le baDA, re tloga re kwele bohloko ka go tlogelwa ke senatla sa dinatla, Ntate Ditshetelo, gomme re rata go tšea sebaka se go homotša le go romela mantšu a matshidišo go lapa la ga Ditshetelo le go maloko a mokgatlo wa UCDP ka go tloga lefaseng ga Mna Paul Ditshetelo.
Ntate Paul Ditshetelo o belegwe ka ngwaga wa 1936, ka di 16 tša Oktoboro go la Leboa-Bodikela gomme a hlokofala ka di 11 tša Oktoboro 2011, morago ga bolwetši, a le Sepetleng sa Johannesburg. Ntate Paul Ditshetelo o bolokilwe ka di 22 Oktoboro 2011 go la Leboa-Bodikela. E bile mohlomi le mothei wa mokgatlo wa Tswana National Party ka ngwaga wa 1972. O šometše mokgatlo gomme a šala le mokgatlo ge maloko a mangwe a tlogela mokgatlo go yo hloma mokgatlo wa Bophuthatswana Democratic Party ka 1974.
Ka ngwaga wa 1991, mokgatlo ile wa fetola leina go ba Christian Democratic Party wo o bego o le mokgatlo wo o bego o swere pušo ya Bophuthatswana. Morago ga ngwaga wa 1994 wa dikgetho, mokgatlo o ile wa fetola leina go ba United Christian Democratic Party. Ntate Ditshetelo o ile a kgethwa go ba mongwaledikakaretšo wa UCDP. O ile a kgona go ngwadiša mokgatlo go la IEC gore ba kgone go tsenela dikgetho tša setšhaba. O ile a kgethwa ke mokgatlo go ba motlatša mopresidente ka ngwaga wa 1998, go tloga fao a kgethwa go ba leloko la Palamente Ya Setšhaba ka 1998 go fihla ka ngwaga wa 2009. Ntate Ditshetelo e be e le ntate wa lerato le dikeletšo. E be e le Mokreste yo a bego a beile Modimo pele.
Ke kopane le Ntate Ditshetelo ka ngwaga wa 2004, ka ngwaga waka wa mathomo ge ke be ke etla mo Palamenteng morago ga dikgetokakaretšo tša 2004. Bjale ka leloko le leswa la DA, ke hweditše boNtate Ditshetelo ka mo Palamenteng, gomme Ntate Ditshetelo le maloko a mangwe a UCDP, boNtate Mfudisi, ba ile ba nkamogela ka matsogo a borutho, a mabotse. Ba ile ba mpha dikeletšo, ba mpontšha gore goba moetapele, go ba ka mo Palamenteng go nyakega eng le gore ga go nyakege eng.
Ba ile ba ntsamaiša le diphapoši kamoka tša mo Palamenteng, ba mpontšha gore mo go swarwago gona dikopano tša dikomiti tša Palamente ke mo kae, gore ke tsebe tsela, ke kgone go ya fao. Ba be ba nthuta, ba nkeletša gore ge o le moetapele, o swanetše gore ka dinako kamoka o hlomphe batho, o hlomphe setšhaba ka baka la gore o tlile mo Palamenteng go tlo emela setšhaba. Ntate Ditshetelo ga ake are wena Ntate Swathe, o wa DA gomme nka se gofe dikeletšo, ke tla go kgaphela ka thoko. O be a rata batho kamoka, a bula matsogo go Maloko a Palamente kamoka. Motho mang goba mang yo a bego a nyaka dikeletšo, Ntate Ditshetelo o be a mofa tšona.
Re le baDA, re lla kudu le mokgatlo wa UCDP le ba lapa la Ditshetelo, gomme rere re lahlegetšwe ke senatla, moetapele wa maemo a godimo. Re tla gopola Ntate Ditshetelo ka mešomo e mebotse yeo a e dirilego. O kgathile tema e kgolo go ageng naga ya Afrika Borwa. Re le baDA rere, moya wa gagwe o robale ka khutšo. Modimo a šireletše lapa la gagwe le ba mokgatlo wa UCDP. Ke a leboga. [Legoswi.] (Translation of Sepedi paragraphs follows.)
[... the members of the DA are saddened by the death of Mr Ditshetelo, a hero amongst heroes. We are conveying our condolences to his family and to the members of the UCDP.
Mr Paul Ditshetelo was born on 16 October 1936 in North West and died on 11 October 2011 at the hospital in Johannesburg. Mr Ditshetelo was ill. His funeral service was held on 22 October 2011 in North West. He founded the Tswana National Party in 1972. He worked for the Tswana National Party and remained with it, even when other members were leaving, to form the Bophuthatswana Democratic Party in 1974.
In 1991 the name of the party was changed to the Christian Democratic Party which was leading the Bophuthatswana government. After the democratic elections in 1994, the name of the party was changed to the United Christian Democratic Party. Mr Ditshetelo was elected Secretary-General of the UCDP. He registered the party with the IEC to enable the party to take part in the elections. He was elected Deputy President in 1998 and then Member of Parliament in the same year, serving until 2009. He loved people and he was always full of good advice. Mr Ditshetelo was a Christian who believed in God.
I met him in 2004 when I arrived in Parliament for the first time after the democratic elections. As a new DA member, Mr Ditshetelo and other UCDP members like Mr Mfudisi made me feel welcome. They advised me on many things, including what is expected of me as a leader and a Member of Parliament and what is not.
They gave me a Parliamentary tour and showed me where different portfolio committees held their meetings. They taught me that as a leader I must always respect the public, because I am in Parliament to represent them. Mr Ditshetelo gave advice to everybody, irrespective of the party they belong to. He loved everybody and co-operated with all the Members of Parliament. He used to give advice to anybody who needed advice.
We are conveying our heartfelt condolences to the family and UCDP as members of the DA. We have lost a hero, a true leader. We will always remember his good works. He contributed a lot in building our country, South Africa. May his soul rest in peace. May God protect his family and the members of the UCDP. Thank you. [Applause.]]
Mrs M A A NJOBE: Speaker, Cope joins all other political parties in sending condolences to the friends, party members and family of former Member of Parliament, Paul Harry Kgomotso Ditshetelo, who died on Saturday at the age of 72. His illness had taken such a great toll on him in recent months that he was unable to continue carrying the burden of a long life in public service. Everybody who knew him respected him for being a man of peace and of God. This is why he was affectionately known as Oom Paul.
Paul Ditshetelo, together with Kgosi Lucas Mangope, cofounded the Tswana National Party in 1972. His party later became known as the UCDP. Paul Ditshetelo became its first Secretary-General in 1994. In 1999, Oom Paul was elected Deputy President.
Those of us who served with him in Parliament knew him as a man of integrity. He fought for justice and prosperity in his quiet and dignified manner. He never forgot his cultural roots and was proud of his Tswana background, language and tradition. He promoted the recognition and advancement of his language, both in Parliament and in private life.
His passing away is a great loss to his family, friends and colleagues. Suddenly a great vacuum has opened up. We pray that God will sustain the entire family and clan of Oom Paul. May their hearts be filled with fortitude and may time be allowed to heal the wound of such a loss as they remember a life well lived.
The fact that he spent the last years of his working life in politics is a sure sign of his commitment to the development of the country and co-operation with others to contribute to a better life for all South Africans and all who live in this country. It is an ideal goal to live and die for.
Our deepest condolences go to his party, bereaved family and especially to his wife, the hon Ipuseng Celia Ditshetelo, a current Member of Parliament.
Mrs C N Z ZIKALALA: Speaker, it is always a sad time when we are called together to remember a fellow Member of Parliament who has passed on. But we should also see it as a time to celebrate a life well lived. Paul Harry Ditshetelo served his country, his party and democracy with such vigour and enthusiasm that it was difficult not to take note of the man. He was truly a man who lived by the values he espoused.
Oom Paul, as he was known, and the UCDP were synonymous with each other. He cofounded the then Tswana National Party, now known as the UCDP, with Kgosi Lucas Mangope. He was elected as its first Secretary-General after South Africa embraced a democratic dispensation in 1994. In 1999 he was elected Deputy President of the UCDP, a position he held with honour until January 2011. Unfortunately, due to his ailing health, he was unable to hold office this year.
Mr Ditshetelo was an inspired leader, a man of firm religious convictions and a distinguished Member of Parliament in his own right and a senior member of the UCDP.
Whenever a former Member of Parliament dies, our parliamentary democracy loses an important piece of its institutional memory. All of us carry the memory of what happened here and of the long journey that brought us here. In this sense, his passing impoverishes our democracy.
We of the IFP extend our most solemn condolences to Mr Ditshetelo’s friends and family, especially to his wife, Celia. Hon member, always remember Psalm 23, which states: “The Lord is my shepherd, I shall not want.”
Mr S Z NTAPANE: Mr Speaker and hon members, the UDM would like to extend its condolences to the family, friends and colleagues of the late Mr Ditshetelo who passed away on 11 October 2011. May the love of those around you, the family, serve as an important source of comfort and support during the days ahead without him.
The late Mr Ditshetelo served South Africa and this House for a decade, from 1999 to 2009. As one of the senior leaders of the UCDP and one of its founding members, he worked hard to ensure that services were indeed delivered to the millions of South Africans we represent in this House.
As a religious giant, he influenced and touched the lives of many people who crossed his path. He was a devoted Christian who tirelessly preached about the importance of having God in one’s life.
I had the opportunity of attending this great man’s funeral. The first to the last speaker in the service made it clear that the life of Oom Paul, as he was affectionately known, was one lived in service of others. May his soul rest in peace.
Mrs C DUDLEY: Speaker, the ACDP learnt with sadness of the death of the former Deputy President of the United Christian Democratic Party, UCDP, Paul Kgomotso Ditshetelo, who died after a period of illness. The 72-year-old ex-parliamentarian was the first Secretary-General of the UCDP after the dawn of democracy in 1994 and was elected its Deputy President in 1999. This year, in January, he did not stand for any position due to ill health.
The ACDP enjoyed a good relationship with Paul Ditshetelo, or St Paul, as my colleague Steve Swart used to call him at Parliament during his time in office in the National Assembly. He led the parliamentary prayer group for many years and was much appreciated. We knew him to be a dignified, diligent man with high principles. He was also friendly and a pleasure to work with.
On behalf of the ACDP, I wish to express our sincere and heartfelt condolences to our friend and fellow Member of Parliament, Celia Ditshetelo, the Ditshetelo family, friends and colleagues. Having met and worked with Paul Ditshetelo, it is easy to understand how much he will be missed. You are in our thoughts and prayers. Our heart goes out to our friends in the UCDP.
Mof M N MATLADI: Motlotlegi Mmusakgotla, go bua boammaruri lekoko la gaetsho le wetswe ke kotsi e kgolo, mme re fitlhetse moriti wa setlhare se re ntseng re se nnela o ole. Go a bonala letsatsi le tlile go dika le re bolaile monongwaga. E rile fa Motswana a bua a re “Tlhapi solofela leraga, metsi a šele o a lebile”. Mo go Rre Ditshetelo, re ne re na le moeteledipele. Nna ke nnile le tšhono ya go dira gaufi thata le ene, e le Mokwaledikakaretso mme nna ke le Motlatsamokwaledikakaretso. Ka nako eo ... (Translation of Setswana paragraph follows.)
[Mrs M N MATLADI: Hon Speaker, I would like to acknowledge that our party is facing a very difficult period in its history. We have just learned that we have lost a key figure in our party. I reckon that we are facing a difficult year ahead of us. Motswana once said “Draw solace from the knowledge that someone’s immense contribution will never go unnoticed.” In Mr Ditshetelo we have lost a leader. I had the privilege of working closely as his Deputy Secretary while he was serving as our Secretary-General. At that time ...]
... I was still a lecturer at the college of education, and politics was a part-time venture for me. I learnt a lot from him, including diplomacy in politics. I found him to be a loving, respectful, tolerant and selfless man. He would teach without limitation.
I remember his first day in the National Assembly of South Africa, after a long time of the Batswana not being represented in this House. Then in 1999 the UCDP brought them in. I am referring to the area where he was from, as a Motswana from the North West. I am not saying all Batswana generally. You must hear what I am saying. When he came in, he spoke Setswana like a Motswana, not like some of us who come and speak foreign languages here. He was not ashamed to speak his mother tongue and this is the first sentence he uttered from this podium, which is recorded in the Hansard:
“Ngwana sejo, wa tlhakanelwa.” [It takes a village to raise a child.]
The world was mad about it. The media had a field day with it and people wanted to understand what that Setswana idiom or proverb meant. Well, now is not the time for me to teach or explain what it meant.
When we look into his life, we realise that he was one of the people who started a prayer meeting forum in the National Assembly of Parliament. That forum for people to pray together still exists today. We thank him for that. He even represented South Africa in the United States of America, where they had prayer breakfast meetings, and South Africa became known for its religious spirit through him.
He was a man who had seen to the revival of the UCDP – we are talking about the elective congress of 29 January 2011. We say that where he is resting, he might be saying: “Oh God, let Thy son’s spirit rest for his eyes have seen the deliverance of the United Christian Democratic Party.” Our party is faring well in this democracy. Our party has been revived and is ready to compete with other parties in the political arena, for the voters of this country and to share in the land of its birth. [Applause.]
Debate concluded.
Motion agreed to.
APPOINTMENT OF SAPS ACTING NATIONAL COMMISSIONER
(Member’s Statement)
Mrs L S CHIKUNGA (ANC): Hon Speaker, the ANC welcomes the appointment by the President of the Republic of South Africa of the board of inquiry to be led by a retired judge, Justice Yvonne Mokgoro, to look into the allegations of misconduct by the National Commissioner of Police, General Bheki Cele, as per the South African Police Service Act. We further welcome the appointment of the Acting National Commissioner of Police, General Nhlanhla Sibusiso Mkhwanazi.
General Nhlanhla Mkhwanazi is a trained police officer who has been through all levels and ranks. He is the head of the Special Task Force which manages all specialised operational sections such as the National Air Wing, National Intervention Unit and the presentation of Special Task Force training. The Special Task Force is the highest specialised operations task team in the SAPS. Heading it calls for special skills, knowledge and intelligence.
He has suitable academic qualifications in policing, including a Bachelor’s Degree. He received extensive specialised training. For example, he has been awarded certificates for qualifying for the supervisor’s role in counterterrorism investigations from the USA, bomb disposal from the Republic of South Africa and crisis response teams from the USA.
Simply put, he heads high-risk policing and was behind many of the 2010 Fifa World Cup’s successful special operations. He has successfully served in different management positions within the SAPS. He has worked hard and earned all his promotions. We welcome his appointment as Acting National Commissioner of Police of the Republic of South Africa. [Applause.]
PROPOSED ESTABLISHMENT OF COMMONWEALTH HUMAN RIGHTS COMMISSIONER
(Member’s Statement)
Mr K S MUBU (DA): Speaker, the DA calls on hon President Jacob Zuma and the Minister of International Relations and Co-operation, hon Maite Nkoana-Mashabane, to endorse the proposed establishment of a Commonwealth human rights commissioner. Such an act will give credibility to the notion that South Africa’s foreign policy is based on human rights, the rule of law and the values of ubuntu.
It has been reported that our government does not support this proposal. If this is true, then government is frustrating attempts to achieve the realisation of human rights in other countries. Last week the President rolled out the red carpet for a person who is guilty of some of the grossest human rights abuses in the world, the president of Equatorial Guinea, Teodoro Obiang Nguema Mbasogo. President Zuma welcomed Africa’s longest-serving ruler — 32 years — with open arms, never even mentioning his terrible human rights record. [Interjections.]
The SPEAKER: Order, hon members!
Mr K S MUBU: Just prior to that, the President and the department failed to roll out the red carpet for the Nobel Peace Prize laureate, his holiness the Dalai Lama, who simply wanted a visa to visit his friend, Archbishop Desmond Tutu. The great contrast in treatment of these two men illustrates that the government has its priorities very wrong.
South Africa has its own Human Rights Commission, presumably because the government believes that such an office plays a valuable role in the country. Now it is time to show the world that South Africa believes that human rights are important to everyone by supporting the establishment of a human rights commissioner in the Commonwealth. [Applause.]
ABUSE OF PUBLIC RESOURCES IN THE FREE STATE GOVERNMENT
(Member’s Statement)
Mr L RAMATLAKANE (Cope): Mr Speaker, Cope finds it inexcusable that the Free State government has been allowed to squander taxpayers’ money freely without any serious intervention by relevant authorities and political parties. An amount of R83 million was transferred from the Department of Sport, Arts, Culture and Recreation to the district municipality for the purpose of constructing a multipurpose centre for the community, yet there is little to show for this waste of resources.
It has become evident that Mr Ace Magashule has obtained all-round immunity for his political friends. The rot and corruption in this government is rife. Construction of this multipurpose centre has not yet been completed since 2008, because Mr Ace Magashule and his friends are allegedly filling their pockets with the money allocated for the purposes of construction.
It was clear from the start of this project that there was never any room for adherence to the law, rules or regulations. The illegal construction of these multipurpose centres served only the political party election agenda. Some centres remain incomplete even though the consultants have received lots of money.
Cope demands immediate action. The money that was wasted by public officials must be recovered immediately. The Free State government must not be allowed to go its corrupt way for too long without any intervention. This is completely unacceptable. Those involved must be brought to justice immediately. We are calling on law enforcement agencies and the Public Protector to deal with this abuse and looting of public resources without any delay.
SHORTAGE OF SOCIAL WORKERS
(Member’s Statement)
Ms N R BHENGU (ANC): Speaker, the ANC recognises the important role that social workers play in our communities and welcomes the setting aside of R256 million by the Department of Social Development for the next financial year for a scholarship programme to train more social workers. Social workers provide direct services and work to promote social and economic justice.
The shortage of social workers remains a major concern for the government. There are also plans to request assistance from retired social workers, in particular their input in training youth in the field of social work and mentoring the current generation of social workers.
The department has also undertaken to train 10 000 child-care and youth-care workers in the next three years with assisting as many child-headed homes as possible as their key aim. There are estimates that the country needs 55 000 educated social workers, and it is important to begin encouraging high-school learners to apply for scholarship programmes in order to address these shortages.
The ANC welcomes this initiative and believes that it will go a long way towards addressing the social challenges facing our communities. [Applause.]
MINISTER OF FINANCE CALLS FOR MODESTY AND MODERATION IN EXPENDITURE
(Member’s Statement)
Mr P F SMITH (IFP): Speaker, the IFP would like to congratulate the Minister of Finance, Mr Pravin Gordhan, for publicly calling on his Cabinet colleagues and senior government officials to behave with what he called “modesty and moderation” and not to spend excessively on wasteful indulgences such as luxury cars and expensive hotels.
Of course, this call is needed precisely because we have a problem right now. Let us remember that the government, of which he is a part, is increasingly being seen as one that is unable to put its money where its mouth is. It preaches restraint, but practises excess. It talks the language of the common man or woman, but acts as a bunch of fat-cat plutocrats. It is sure to talk, but fails to walk the talk.
We were very pleased to note that on assumption of his present office, the Minister of Finance set the right tone by eschewing the use of millions of rands plus the limousines to which his colleagues were attracted like moths to a flame. Wouldn’t it be good if the rest of the executive behaved in the same way, with similar restraint? Instead, we have become accustomed to observing conspicuous consumption on a grand scale, as if the public purse were personal Lotto winnings to be spent on satisfying people’s desires for the high life.
Feeding at the trough is one way of looking at it and it does not help that with almost every infringement of appropriate behaviour, the ministerial handbook is hauled out. Then the fine print is used to claim that X or Y is not prohibited and is therefore acceptable. It does not help government’s cause that it has had to deal with alleged fraud in its ranks. This applies to both Cabinet and public servants, thousands of whom are having what should be charges of theft converted into loan agreements.
We concur with the Minister of Finance’s plea for “a serious shift of culture in the way government does business”, and we hope his colleagues are listening. [Applause.]
INCREASE IN CHILD MURDERS IN WESTERN CAPE
(Member’s Statement)
Mr S Z NTAPANE (UDM): Hon Speaker, the shocking increase in child murders in the Western Cape over the past few months has caused residents of that province to live in fear. Parents and guardians are refusing to let their children go out alone or even play outside with other kids. They are faced with the difficult task of having to keep their children under guard 24 hours a day.
The UDM is pleased with the government’s swift response to this spate of gruesome child murders. However, the UDM calls on government to allocate more resources to the fight against child abuse and child murders, both at national level and in the Western Cape in particular. We urge government to double its unflinching commitment to the fight against child abuse.
WHITE PAPER ON CLIMATE CHANGE
(Member’s Statement)
Ms J MANGANYE (ANC): Speaker, the White Paper on Climate Change recently approved by Cabinet sets out an action plan to ensure that we effectively address global warming. South Africa, like other developing countries, is especially vulnerable to the impact of climate change. This White Paper presents the South African government’s vision for an effective climate change response in the medium- and long-term transition to a climate-resilient and low-carbon economy and society.
Our response to climate change has two objectives: firstly, to manage effectively the inevitable impact of climate change through interventions and, secondly, to make a fair contribution to stabilising greenhouse gas concentration in the atmosphere.
The national climate change response includes a risk-based process to identify and prioritise short- and medium-term adaptation interventions to be addressed in all sector plans. The process will also identify the adaptation response that requires co-ordination between sectors and departments and will be reviewed every five years.
The national climate change response also aims to promote investment in human and productive resources that will grow the green economy. Government departments are expected to begin communicating with citizens about climate change, to inform and educate them and to influence their behavioural choices. This includes setting up and maintaining early-warning systems so that people can take specific action to reduce risks to themselves, their households and their property. [Time expired.] [Applause.]
CONTINENTAL WOMEN’S CONFERENCE
(Member’s Statement)
Mrs M N MATLADI (UCDP): Hon Chair, the Pan-African Parliament held a continental women’s conference, known as Women’s Platform for Action in Africa. The conference was held from 29 to 30 September 2011 at Gallagher Estate in Johannesburg. The theme of the conference was “Women, Peace and Security in Africa”.
The women representatives of the Pan-African Parliament developed and adopted a number of strategies in order to ensure lasting peace on the continent, which inter alia included the following: firstly, establishing a campaign of no war on the African continent; secondly, harmonising and co-ordinating women’s associations and networks for peace at various levels of society, in rural and urban communities, and among professionals – for example, women in politics, former Ministers and parliamentarians, former combatants, associations for victims of violence and rape, etc; thirdly, in order to eliminate feelings of inferiority and ignorance, developing the capacity of women in conflict zones through educational programmes, the implementation of self-defence programmes and effective access to justice.
Fourthly, the African Union should endeavour to set aside adequate funding for programmes on democracy, peace and security, and access to justice. Lastly, the African Union should build the capacity of women in the domain of peace-keeping, conflict management and political participation, and should establish an association of former women parliamentarians on peace, justice and security in Africa. [Time expired.] [Applause.]
SYSTEMIC FAILURE OF MAINTENANCE COURTS
(Member’s Statement)
Mrs D A SCHÄFER (DA): Chair, the Department of Justice and Constitutional Development continually fails to provide speedy and satisfactory relief to many maintenance beneficiaries. Most of these beneficiaries are women and children, and they have to struggle on an ongoing basis to force nonpaying parties to comply with their basic responsibilities.
This week, during a briefing of the Portfolio Committee on Justice and Constitutional Development on the Public Protector’s annual report, I asked Advocate Madonsela whether she would be prepared to investigate the systemic failures of the Maintenance Courts to address the desperate needs of women and children. She indicated that such an investigation may well be required.
Yesterday I sent an official request for such an investigation to her. She has advised that she agrees that it is an important issue that affects many people and that she will confirm within 10 days whether she will investigate it or not.
For the past two financial years, no court order has been made at all in respect of approximately 60% of new maintenance applications. This is unacceptable and is inhibiting people, especially children, from accessing the opportunities and services to which they are entitled.
Parents should accept financial responsibility for their children and allow them to maximise their potential, instead of abusing the system to avoid doing so. When this occurs, it is imperative that the Department of Justice and Constitutional Development acts to protect and promote the best interests of children. [Applause.]
SKILLS DEVELOPMENT PROGRAMME
(Member’s Statement)
Mr G S RADEBE (ANC): Hon Chairperson, as part of the ANC’s intervention strategy to develop exit programmes that capacitate households and communities to empower themselves, nearly 500 young people from Mpumalanga have graduated from the National Youth Service’s skills development programme. This is a 12-month artisan programme in various crafts, including carpentry, plumbing, bricklaying, electric wiring, etc.
This initiative is part of the ANC’s national programme of multiplying the National Youth Service programme, which has remained a beacon of hope for the unemployed youth in the province. To date, a total number of 1 360 young people has been capacitated since the programme was launched in 2007. The ANC hopes that this programme will be strengthened and rolled out to other provinces.
The programme is aimed at involving young people in contributing positively to the communities in which they live by contributing to the maintenance of public buildings while participating in the artisan training programme. Upon completion of the programme, they are absorbed into the department’s workforce while others further their entrepreneurial skills within the enterprise development programme in the province. The skills development programme definitely pays off for the youth in Mpumalanga.
AUDIT DISCLAIMER STATUS OF DEPARTMENT OF PUBLIC WORKS
(Member’s Statement)
Mr K P SITHOLE (IFP): Hon Chairperson, the IFP wishes to express its utter shock and outrage at the recent disclaimer status given to the Department of Public Works by the Auditor-General. It was reported that the Auditor-General had declared that the department could not account properly for R819 million in spending in respect of goods and services procured, and for R1,3 billion in respect of capital expenditure.
The Department of Public Works has been on a steady decline as far as accountability is concerned. It received qualified audits in 2008-2009 and 2009-2010, and then, most shockingly, a disclaimer for the 2010-2011 period from the Office of the Auditor-General. The recent decision by the President to sack the Minister of Public Works, although long overdue, is a necessary step in the right direction and will hopefully go a long way towards correcting the current irregularities within the department. The President should be applauded for taking this action.
Asazi-ke, Somlomo, noma uNgqongqoshe omusha uzele ukuzotapa uju kanye nezinyosi. [Mr Speaker, we don’t know whether the Minister will follow suit.]
SOUTH AFRICANS IN LIBYA
(Member’s Statement)
Mr D A KGANARE (Cope): Chairperson, Cope, like the majority of South Africans, would like answers on the role of South Africans in Libya, especially on the side of the now deceased Colonel Gaddafi.
Documents found in June led us to believe that the security company operating in Libya was sharing a post office box with SA National Parks. In another document that was found, a plan for a rapid intervention force, staffed by 73 South Africans under the group command of a South African, was exposed. The security company had signed a 12-month contract at a cost of $5,4 million.
A group of 90 South Africans, who arrived after the fall of Tripoli, is reported to be stranded in Libya. The Department of International Relations and Co-operation claims no knowledge of these South Africans, yet it had been approached to help with medical evacuation. Is the department playing open cards with South Africans? Has it not asked questions about how South Africans were involved in planning such medical evacuations?
It is impossible to believe that our National Intelligence Agency, NIA, knows nothing about the mercenary activities of South Africans involved in military operations. The South African provision of the Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conflict Act of 2006 clearly arms the government to act against these mercenaries. We need answers.
The media have also been reporting that planes were at the ready at Lanseria Airport to help fly South Africans out of Libya. Are these reports factual? We believe the Department of International Relations and Co-operation must give answers to these questions.
BURSARIES AWARDED TO LEARNERS AT NO-FEE SCHOOLS
(Member’s Statement)
Mr J J SKOSANA (ANC): Chairperson, in line with the ANC policy of encouraging students from the working class and poverty-stricken communities to go to tertiary institutions, the ANC provincial government in Gauteng has pledged to award bursaries worth R58 million to learners. More than 1 000 top Grade 12 learners in Gauteng will benefit from this bursary award to further their studies at institutions of higher education next year.
The provincial government, through the Gauteng City Region Academy, awarded 1 050 bursaries, totalling R58 million, to top learners from quintile 1, 2 and 3 schools, which are no-fee schools.
The initiative further emphasises the ANC’s commitment to prioritise education as one of the most important programmes for the next five years, with the education of disadvantaged children made a priority. This kind of project should be encouraged because it supports the National Student Financial Aid Scheme of South Africa.
ACCESS TO AFFORDABLE ENERGY SERVICES
(Member’s Statement)
Mr G R KRUMBOCK (DA): Speaker, access to affordable energy services is a prerequisite for sustainable development and economic creation.
The cost of the replacement of assets in determining electricity prices needs to be clarified by Eskom, taking into consideration the proposed multibillion-rand nuclear project and the expansion project of coal fired generation currently. Citizens of our country, especially the poor, as well as job-creating businesses simply cannot absorb the year-on-year electricity tariff increases that have become the norm and are expected to continue.
The use of the modern equivalent asset valuation method, which radically inflates Eskom expenses, is not justified. Capital expenditure for expansion should be financed out of equity from loans, on the basis that such expenditure is intended to produce increased future income.
The DA believes the solution lies in the easing of the country into the competitive electricity market and that South African citizens should be well informed of future pricing arrangements. We believe the issue of electricity prices should form part of the bigger fiscal debate.
DEVELOPMENT CENTRE IN ILLOVO TO TRAIN DISABLED PERSONS
(Member’s Statement)
Mr N E GCWABAZA (ANC): Chairperson, building on the achievements in education since 1994, the ANC government aims to ensure the progressive realisation of universal schooling, improvement of quality education and elimination of disparities.
A development centre in Illovo, south of Durban, which trains people from vulnerable groups to address skills shortages and inspire job creation, has been selected to become a beacon for Africa in terms of training people with disabilities.
The centre was chosen to be the legacy project for the Disabled People’s International 8th World Assembly. Currently, basic computer skills, sewing, beadwork, business skills and catering are some of the courses on offer. The centre provides training for 40 people at a time, and accommodation and meals are provided for the duration of the training.
There is a need for the centre to offer courses that can help more people with disabilities to acquire skills, for instance, offering computer skills training for visually impaired people.
MINISTER OF FINANCE CALLS FOR MODESTY AND MODERATION IN EXPENDITURE
(Minister’s Response)
The DEPUTY MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: Hon Chair, the hon member Smith from the IFP referred to the statement made by the Minister of Finance. Since 1994, with the advent of democracy in our country, the doctrine of “guilty until one has proven oneself innocent” has been replaced by “innocent until proven guilty by a court of law”.
The hon member is a Member of Parliament. The Constitution was passed here and the laws emanating from that Constitution were passed here, yet the hon member seems to have a problem understanding this doctrine. This is a matter the IFP itself should look at, I think, so that the hon member doesn’t get carried away, like he was this afternoon, by one small reference to modesty. Modesty is part of the value system of the ANC government.
With regard to the reference to motor vehicles, it’s as if this hon member, being a Member of Parliament, drives to his constituency office only for one day and then goes home and sleeps. That’s what he does. We don’t do it that way. We work in communities. We drive cars that are reliable because we must get there and back and work and improve the quality of the lives of our people. [Applause.] The hon member does nothing. [Applause.]
INTELLECTUAL PROPERTY LAWS AMENDMENT BILL
(Consideration of Report)
Dr M G ORIANI-AMBROSINI: Mr Speaker, I rise on a point of order.
The HOUSE CHAIRPERSON (Mr C T Frolick): Yes, hon member, what is your point of order?
Dr M G ORIANI-AMBROSINI: I will be rising on three points of order on this matter and I gave prior notice of this to the Office of the Speaker. Firstly, the report that has just been announced and the relevant Bill cannot be processed because it is in breach of the Rules of this House.
The report is the basis on which four minority parties not represented in the Portfolio Committee on Trade and Industry can know what happened in that committee and decide how to vote on it today. The report disenfranchised them of this opportunity.
National Rule 251(3)(e) makes it mandatory that a report on a Bill which is not a unanimous report must specify in which respects there was no consensus and expresses any and all views of the minority.
This Rule is one of those that implement and is contemplated in section 55(2)(b) of the Constitution. It enables smaller parties which are not represented in the committee to familiarise themselves with and take a position on the subject matter of the debate. Therefore the breach of Rule 353(1) may constitute an indirect violation of the Constitution.
The IFP gave the committee less than a page of minority views consisting of 15 separate and distinct points, all of which were relevant and material to the Bill, for the committee to redraft and incorporate as it wished. After a long deliberation, the ANC in the committee decided what it liked to insert and what it chose to insert because it did not ...
The HOUSE CHAIRPERSON (Mr C T Frolick): Hon member, please put your point of order succinctly and don’t make a statement on the matter.
Dr M G ORIANI-AMBROSINI: With all parties objecting to this, only three of the IFP’s points were inserted. Therefore the report as it is and the Bill it relates to cannot be considered - this is the point – until the report is corrected, integrated and brought into compliance with Rule 253(1). This is the point on which I require a ruling.
The HOUSE CHAIRPERSON (Mr C T Frolick): Before I take your point of order, I want to rule on the point of order that the member has raised. Firstly, let me thank the hon Ambrosini and the Chief Whip of the IFP, the hon Van der Merwe, for alerting the Office of the Speaker earlier today that they would be raising points of order in the House with regard to the Intellectual Property Laws Amendment Bill.
The points of order raised were considered extensively by the committee in processing the Bill. Indeed, the minority views in the committee report of 20 October 2011 reflect this. The hon Ambrosini had raised his concerns with the Speaker, in writing, even before the committee reported and the Speaker therefore had the opportunity to consider his submissions carefully. At that stage the Speaker wrote back to the hon Ambrosini, on 20 September 2011, indicating that the Bill had been tagged correctly and that there were no further procedural concerns, as the member had been articulating.
The views expressed by the Speaker on this matter stand, therefore, and I agree with him. Consequently I rule that the debate be proceeded with. [Applause.]
There was no debate.
Mrs M T KUBAYI: Chairperson, I move:
That the Report be adopted.
Motion agreed to (Democratic Alliance and Inkatha Freedom Party dissenting).
Report accordingly adopted.
INTELLECTUAL PROPERTY LAWS AMENDMENT BILL
(Second Reading debate)
Dr M G ORIANI-AMBROSINI: Mr Chairperson, I now rise on my second point of order.
The HOUSE CHAIRPERSON (Mr C T Frolick): Order, hon members!
Dr M G ORIANI-AMBROSINI: Let’s try to do this quickly. The point of order is that this House is not in a position to deliberate on this Bill at this sitting, because this Bill must first be referred to the National House of Traditional Leaders in terms of section 18 of the National House of Traditional Leaders Act. Section 18 of that Act requires that any Bill pertaining to customary law or customs of traditional communities must, before it is passed by the House of Parliament where it was introduced, be referred by the Secretary to Parliament to the National House of Traditional Leaders for its comments. The Bill has not been so referred.
The legal test is that pertaining to customs. The test is not that of legislating customs, for instance repealing, replacing, amending or codifying and enforcing the registration requirements on customs. In many respects, it would be unconstitutional for the law to legislate customs and traditions, which is an area of collective freedom and autonomy.
The Bill pertains to indigenous customs and traditions. Its sole purpose is that of giving intellectual property rights protection to customs and traditions. It also contains a customary dispute resolution mechanism, which includes traditional councils and courts. Parliament and the National Assembly are subjected to, and bound by, the principle of legality, which includes observance of any law enforced. Parliament has the power to amend laws it passed, explicitly or by necessary implication, but until it does so, it is ...
The HOUSE CHAIRPERSON (Mr C T Frolick): Order! Hon member, will you take your seat, please? Yes, Chief Whip of the Majority Party?
The CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I am just wondering on behalf of which traditional community the hon Oriani-Ambrosini is speaking. As far as I know, he does not know any indigenous language of the people he is referring to.
The HOUSE CHAIRPERSON (Mr C T Frolick): Hon Chief Whip of the Majority Party ...
The CHIEF WHIP OF THE MAJORITY PARTY: Where did they give him the mandate? [Applause.]
The HOUSE CHAIRPERSON (Mr C T Frolick): That is not a point of order. I will allow the hon Oriani-Ambrosini to complete his input, but he must get to the point of order, because there is a ruling on this matter.
Dr M G ORIANI-AMBROSINI: The aforesaid section 18 binds the National Assembly in its proceedings. I have given the Speaker - and I am not going to repeat it - four pages of provisions of this Bill which attach exclusively to customs and traditions, and changing them requires certain things to take place.
The second point, Mr Chairperson, is that the clauses of the Bill introduced section ...
The HOUSE CHAIRPERSON (Mr C T Frolick): Hon Oriani-Ambrosini, I have given you sufficient time to make your point of order. You are now making a statement, which is not a point of order.
Dr M G ORIANI-AMBROSINI: No, I am not. I am not making a statement.
The HOUSE CHAIRPERSON (Mr C T Frolick): Can you make your point of order? Otherwise, I will have to ask you to sit down.
Dr M G ORIANI-AMBROSINI: Mr Chairperson, will you allow me to point out to you the provisions of this Bill, which fall within the scope of section 18 of the National House of Traditional Leaders Act?
An HON MEMBER: On a point of order, Chairperson, please.
The HOUSE CHAIRPERSON (Mr C T Frolick): Hon member and hon Oriani-Ambrosini, I have given you sufficient time to make your point of order. I did not give you time to make a speech on this matter. The IFP has been allocated time in the debate. I must also remind you that the report from the committee has been adopted and the objection of the IFP has been noted. What you are doing now is raising a range of issues that are actually part of the deliberations and the debate that can take place later. So, I will ask you to conclude, please.
Dr M G ORIANI-AMBROSINI: I have given to the Speaker the full list of provisions which fall within the legislative mandate to be referred to the House of Traditional Leaders, and I raise the point of order that this House cannot proceed, because the House of Traditional Leaders has not been seized of this matter.
The HOUSE CHAIRPERSON (Mr C T Frolick): Thank you, hon member. I want to remind the House of my previous ruling in this regard and for the same reasons given previously I rule that the Second Reading debate be proceeded with. I now recognise the hon Minister of Trade and Industry.
Dr M G ORIANI-AMBROSINI: Mr Chairperson, I am rising now on my third point of order.
The HOUSE CHAIRPERSON (Mr C T Frolick): Hon Oriani-Ambrosini, will you take your seat, please?
Dr M G ORIANI-AMBROSINI: This is a point of order.
The HOUSE CHAIRPERSON (Mr C T Frolick): Hon member, take your seat please.
Dr M G ORIANI-AMBROSINI: I need to be able to raise a point of order.
The HOUSE CHAIRPERSON (Mr C T Frolick): Hon member, I have given you sufficient time to raise two points of order. Will you take your seat, please? Can I request the Whips of the IFP to talk to their member? Otherwise I will be left with no choice but to ask him to leave the House. The hon Minister may proceed.
The MINISTER OF TRADE AND INDUSTRY: House Chairperson, we thank you for at last giving us the opportunity to discuss this piece of legislation. The Bill before us today is a piece of legislation that seeks to provide protection for indigenous knowledge through the intellectual property law system. Indigenous knowledge is knowledge that is generated and owned by communities. It may include knowledge about medical practices, production of food products, cultural expressions, songs, designs or whatever.
I think there is a large body of work that shows that poor people have the potential to turn their own indigenous knowledge into income-generating opportunities through the use of modern methods to protect and market such knowledge. Conversely, I am sure that many members are aware of many cases in South Africa and other parts of the world where unprotected cultural expression and other forms of indigenous knowledge emerging from communities have been appropriated and commercialised by individual interests without any benefit going to those communities. Examples include traditional songs that have been adapted and commercialised without royalties being paid, cultural expressions being used in logos by private concerns and knowledge about traditional remedies being commercialised as individual products by pharmaceutical companies.
The Bill before the House today is a sequel to two policy processes, namely the development of the Indigenous Knowledge Systems Policy, which was adopted in 2004, and the Policy on the Protection of Indigenous Knowledge through the intellectual property, IP, system in 2007.
The question of how to protect indigenous knowledge is the subject of vigorous debate internationally. While by no means a unanimous view, many stakeholders, both nationally and internationally, agree that the intellectual property system can be used to protect indigenous knowledge, but is not a panacea. Indigenous knowledge, IK, is distinct in many respects from intellectual property, which is generally protected by intellectual property systems. IP systems and practitioners do not easily accommodate knowledge that is collective in nature and also not time-bound. The protection and beneficial use of indigenous knowledge, therefore, requires that other areas of law also be reviewed, and speedily so, to bring about the comprehensive protection of indigenous knowledge in the various areas.
In the debate on this Bill, some stakeholders argued in favour of a sui generis or stand-alone approach which would keep IK protection out of the purview of intellectual property law. A sui generis approach would, in any event, have to work together with the IP system to be effective, and it is clear that if IK is going to be comprehensively protected, we need a package of solutions.
The global debate on a sui generis mechanism is nowhere near completion and we are faced with the need to respond urgently to a number of cases of the private misappropriation of indigenous knowledge through the use of the existing intellectual property system. In our view, failure to act will encourage the further unabated exploitation of communities’ heritage by unscrupulous private interests.
Let me say this: Should there be any development in future that suggests a different route may be better to achieve the same end, we will not hesitate to review this legislation. Unfortunately South Africa does not have the luxury of allowing the rampant exploitation of indigenous knowledge through the IP system while we wait for such a development or improvement to emerge.
This Bill seeks to amend the Performers’ Protection Act, Trade Marks Act, Copyright Act and Designs Act. The main thrust of the Bill is that no registration of intellectual property that is based on indigenous knowledge will be able to be effected without, firstly, the mandatory disclosure of the indigenous knowledge component, prior informed consent by the indigenous knowledge owners, and a benefit-sharing arrangement entered into with the relevant indigenous knowledge owners.
These principles have already been applied in the Patents Amendment Act of 2005, complementing the National Environmental Management: Biodiversity Act of 2004. By their nature, these principles undoubtedly give power back to indigenous communities, who are the rightful owners of indigenous knowledge.
In recognition of the fact that the power relations between indigenous communities and seasoned proponents of the IP system are skewed, the Intellectual Property Laws Amendment Bill establishes an alternative dispute resolution system to deal with any conflicts.
The Intellectual Property Laws Amendment Bill also provides for the establishment of appropriate structures to facilitate the implementation of this Bill when it comes into legal force. These are the National Council for Traditional Intellectual Property, the National Trust Fund for Traditional Intellectual Property, as well as recognition of community structures and collecting societies.
The Bill is fully compatible with international treaties to which South Africa is a party. National treatment and reciprocity are appropriately observed. Furthermore, the Bill does not intend to expropriate any indigenous knowledge-related intellectual property rights granted prior to the Bill coming into force.
In preparing for implementation, the DTI is already developing a comprehensive strategy to take the Bill to indigenous communities in the most accessible and simplest form. In this regard, the DTI and Congress of Traditional Leaders of South Africa will be entering into a Memorandum of Understanding, which will facilitate an outreach programme as part of this exercise. A launch conference on the Memorandum of Understanding will take place in November, when subprogrammes and activities will be unveiled.
This strategy will be complemented by the development of field workers, who will be deployed in all nine provinces. This will be in addition to co-operation with other sister departments, such as the Department of Agriculture, Forestry and Fisheries, the Department of Rural Development and Land Reform, the Department of Co-operative Governance and Traditional Affairs and the Department of Arts and Culture.
I would like to thank the portfolio committee for all the work they did. They substantially redrafted and improved the Bill presented to them. I also want to thank the Chief Whip of the Majority Party for organising some of the consultations that took place with representatives of traditional communities. Let me assure everybody that there will be extensive consultation, as is provided for in the Bill, in the establishment of the bodies envisaged, such as the national council and the trustees of the national trust fund.
With these few words, I call on the National Assembly to reject the silly games we saw earlier on and support an important piece of legislation to the benefit of our communities. [Applause.]
Ms J L FUBBS: Hon Chairperson, hon members of this House, comrades and colleagues, today marks a fresh phase in the process of the recognition and protection of indigenous knowledge. Through the legislative instrument of the Intellectual Property Laws Amendment Bill this House, once it adopts this redrafted Amendment Bill, will launch a pioneering piece of legislation and one long overdue.
Given the substance and purpose of this legislation, I wish to dedicate it to the late, highly respected University of Venda academic, Professor Emeritus Victor Ralushai, who, in his lifetime, charted and underpinned indigenous knowledge, and knew a great deal. However, this legislation is only a platform on which to build even more robust and embracing legislation in this regard.
We brought in experts to assist us: a copyright expert, Ms Shabangu; Professor Ntuli, an authority on indigenous knowledge - because Professor Ralushai was very busy at the time - and Dr Von Braun, an expert in genetic resources and the rights of indigenous people in the international field. There is an extensive report by the Portfolio Committee on Trade and Industry in the Announcements, Tablings and Committee Reports, ATCs, and I urge you to study it.
It was clear from the outset that, with billions of dollars involved, this Bill was under siege from vested interests, as well as from people who looked at only their own expectations of lucrative gain, rather than those who owned the indigenous knowledge. For example, architects benefited in the case of the First National Bank calabash World Cup soccer stadium design, but did the communities where these things are from receive any benefit? However, under this piece of legislation, they will benefit under and through a national trust fund.
Again, most of us are familiar with the song The Lion Sleeps Tonight, originally called Imbube. Solomon Linda wrote Imbube in 1920 and recorded it in 1939, after billions had been made from it by others. In 2006 his family received some compensation — after great litigation expenses.
Under the Intellectual Property Laws Amendment Bill, which the ANC supports, even the poorest person and community will receive recognition and protection. This legislation will also facilitate ownership by communities and the resolution of disputes through a mechanism that will include an appeal process.
The risk of indigenous knowledge loss in Africa and South Africa reminded me of an African proverb that basically states that every morning in Africa, an impala wakes up, knowing she must run faster than the lion or die. A lion wakes up, knowing he must run faster than the impala or starve. In fact, no matter what time the sun rises in Africa, we know you had better start running. [Interjections.] This is why the portfolio committee, led by the ANC, is pursuing this now, on this platform.
The Portfolio Committee on Trade and Industry invited other committees to the briefing and many subsequently came to committee meetings, among those the Portfolio Committee on Science and Technology and the Portfolio Committee on Arts and Culture. It soon became apparent to the committee that this was a very complex piece of legislation, so we went overseas as a multiparty group, the biggest one from a portfolio committee ever allowed to go. We wanted everyone there. We went to Geneva and we visited the World International Property Organisation, Wipo, World Trade Organisation, WTO, the International Centre for Trade and Sustainable Development, ICTSD ... [Interjections.] ... As a matter of fact, they are not ... I will quote from a letter.
Some of the major issues that needed serious study and advice were the constitutionality of the Bill, whether or not it was a Money Bill and whether or not it should be referred to the National House of Traditional Leaders, NHTL. After taking advice from our table of procedural people and legal advisors ... [Interjections.] We learned, certainly, even if we weren’t sure then. The Bill does not impose a tax, duty, levy or surcharge and does not request payment from the National Revenue Fund.
With regard to the NHTL, it was clear from the classification by the Joint Tagging Mechanism that the Bill did not have to be referred to them. I see I have only two minutes left. I simply want to add that we had a five-day in-depth study tour overseas. We had two further days of workshops and we started on the Bill in earnest in April last year. We spent many days and hours on the Bill, as every member of the committee will attest to.
Regarding the sui generis approach — which was the choice of some — we took advice during the workshop as well. It then transpired that only one member stated categorically that they were in favour of it. Wipo was mentioned by many in the opposition who claimed that Wipo opposed the legislation entirely, or at least held a different view. This is not the case.
I want to read from a letter written by the secretariat regarding this issue. The letter is extensive, constructive and helpful. I quote:
These comments have been prepared by the secretariat of the Wipo and do not necessarily represent the views of any of the member states of the organisation. Furthermore, Wipo do not expect to finalise the international legislation in this regard this year or even next year. Other countries have pursued their own legislation to take immediate steps.
And, may I add, we have experts in this field right here among us, including our Chief Whip, who is an authority on this particular matter - not that we had extensive consultations with him in the matter at all. [Applause.] The ANC would like to make it very clear that it supports this pioneering piece of legislation and that it believes that the application of minds in the portfolio committee cannot be questioned by anyone. [Applause.]
The HOUSE CHAIRPERSON (Mr C T Frolick): Hon Harris, in future you must wait until I recognise you before you come to the podium, please. You are now recognised.
Mr T D HARRIS: Mr Speaker, it is a special privilege today to address this House and especially the new Leader of the Opposition, Lindiwe Mazibuko. The DA, and I think all parties in this House, believe that the creators of indigenous cultural items like designs, songs, plays and music should benefit from intellectual property, or IP, protection.
We are disappointed that the Minister and the Chairperson of the committee returned to three tired old red herrings today in regard to this Bill. The first is whether the Bill has anything to do with traditional medicine. It plainly does not. The Patents Act was amended to incorporate traditional medicine. Actually, the fact that only a handful of patents have been awarded under that new Act should have taught us a few lessons - which we plainly have not learnt — about this Bill.
The second is that the Minister made the point that this sui generis or stand-alone Bill will somehow be outside of the IP system. May I point out to the Minister that the Designs Act is sui generis or stand-alone from the Copyright Act? Yet it is still part of the system.
The third was the story about Solomon Linda’s estate, which now owns Imbube through the Copyright Act. Actually, ownership was established by Professor Nandini, an esteemed chairperson of IP at Stellenbosch University – who, we need to note, opposes the Bill in its current form. Plainly it is clear that ownership was established without the benefit of this Bill today.
Nevertheless, we do strongly support the intention of protecting traditional knowledge using legislation. The problem is that we have six major objections to the Bill before us today. Our first objection is that the Department of Trade and Industry, DTI, and the ruling party were determined to proceed with amending four existing IP laws, rather than writing a sui generis law. It is clear to us, and to the majority of IP experts in South Africa, that the particular characteristics of indigenous knowledge mean that a sui generis law would be the only way to protect it properly.
Our second objection is that the regulatory impact assessment, RIA, commissioned by the Presidency in 2009, concluded that, unless a sui generis approach was taken, the cost of the legislation would outweigh its benefit. The implication of this document is that the cost of the law we have before us today outweighs its benefits. This did not seem to bother the DTI because they simply commissioned another regulatory impact assessment. Unsurprisingly, this one concluded the exact opposite.
Our third objection is that we have processed this law without waiting for the World Intellectual Property Organisation, Wipo, to complete their drafting of a model law to ensure that indigenous knowledge is protected in a consistent manner internationally. They are due to finish work on it in the next year. Despite this, our committee was pushed to finalise this Bill ahead of Wipo’s process. This compromises the principle of staying in line with international law to ensure that protections offered domestically are automatically offered to other countries under various treaties.
Our fourth objection is that, despite the fact that we did make significant progress on fixing many of the problems, the ruling party insisted on placing serious hurdles before “derivative” users of indigenous knowledge that will disincentivise profitable, fair and productive use.
Derivative use covers everyone from a Ndebele trader selling beadwork based on her tribe’s hut designs to an entrepreneur publishing children’s books based on traditional stories. The Bill does not allow sufficient time for users such as these to comply and creates serious uncertainty for users of derivative designs. For example, that Ndebele trader may find herself having to pay backdated royalties for up to three years, depending on whether or not the community registers their design on the database or not. These are significant weaknesses that are likely to work against legitimate practitioners of traditional works in South Africa, with no impact on foreign users of South African works.
Our fifth objection is that the Bill was not reventilated through public hearings. We did have public hearings on last year’s draft, but it had been fundamentally reworked since then. Some of the new provisions are totally different, are untested and may have considerable impact on the IP community and the users of traditional works. Again, we should have listened to the public’s views on this.
Our sixth and final objection is perhaps the most serious one. Dr Ambrosini attempted to raise this earlier and the DA agrees with his objection. The Traditional Leadership and Governance Framework Act of 2003, in Section 18(1), clearly states that any Bill that pertains to the customs of indigenous communities needs to be referred to the National House of Traditional Leaders. Now the question is: If this Bill does not pertain to the customs of indigenous communities, which one does?
It is our view, as well as the view of senior members of the House of Traditional Leaders, some of whom are sitting here to my right today, that this Bill clearly pertains to such customs. Nevertheless, it has not been referred. This is a serious breach that opens up the Bill to legal challenge.
I must point out that, as usual, the committee was ably chaired by Ms Fubbs and that all members of the committee applied themselves with great diligence, trying to fix the numerous problems in the Bill. We did fix some of them. In addition, the drafters and committee staff worked exceptionally hard and were a great asset. Notwithstanding that, I am afraid that the DA cannot support this Bill because it will not achieve its aim of protecting traditional knowledge. [Applause.]
Mr G B D MCINTOSH: Chairperson, this Bill seeks to amend an Act that is one example of why South Africa is such a respected member of the global investment community and is the leading economy in Africa. With the Intellectual Property Laws Act and related laws about patents and copyright, we provide secure property rights, thereby reducing risks for investors and entrepreneurs, who know that our laws and courts will protect their property.
We often think of the property rights clause in our Constitution as relating only to land, but that is a serious mistake. The composer of music, the owner of a Kombi taxi, the inventor, the author, the plant breeder, as well as the farmer and the owner of a flat - all have equally important property rights that our laws and courts must protect.
The principle of the Bill that we are discussing in this Second Reading debate is to include within the recognised net of property rights, knowledge and products that have not been included before within the ambit of the Act.
The best-known South African case, to which the hon Harris referred, is the song The Lion Sleeps Tonight, which was used in Disney's film The Lion King. Originally, Wimoweh or Imbube was written by Solomon Linda in 1939 for his group, the Evening Birds. I used to think that the song was from the Caribbean. Thanks to the publicity Rian Malan gave to the injustice of denying Solomon Linda his rights, some compensation has now been paid.
Buchu is an example of plants that have special qualities in their fruit, essential oils or bark and can be developed and processed for commercial use. For centuries buchu was used as a treatment in South Africa by the Khoisan people. Buchu brandy is recognised as an old boereraat for stomach ailments. Nowadays buchu is farmed commercially at Stanford in the Western Cape and its oils are extracted for export to Europe, so creating jobs.
Our Parliament is often decorated with gladioli flowers. What many people do not know is that the gladiolus was developed and bred from our indigenous Watsonia. The same is true of the enchanting and simple Barberton daisy, which is now sold by florists in a variegated and multipetalled form.
It is right that we recognise our so-called indigenous knowledge. Those of us who are familiar with traditional herbalists, sangomas and the various treatments they use, know that there are many people who may even be illiterate, but have a compendious knowledge of plants and their uses.
There is a body of fascinating knowledge and treatment in the field of protecting oneself against lightning strikes. The famous traditional healer and herbalist, Khotso, who lived and died at Lusikisiki in Pondoland and claimed that his father was President Paul Kruger's coach driver, sold a product that was bought by most Xhosa miners to protect them from danger when going to the mines. This Bill is trying to put in place mechanisms to enable people like the late Khotso with his indigenous knowledge to be recognised. That also applies to sellers of a type of love potion called “bheka mina ngedwa”. [Laughter.]
The portfolio committee, under our chairlady's leadership, has done its best over a long period to process this Bill. Cope welcomes the principle of the Bill. However, we do have concerns around two aspects. The one is attaching this good objective to our existing Intellectual Property Rights Act through this amendment. We don't think it works. [Interjections.]
[Uhleko.] Ngiyabonga, kodwa okokugcina Mnumzane, ngifuna ukubongela uLindiwe Mazibuko. Sikufisela inhlanhla KaMazibuko, uNkulunkulu akubusise nkosazana. [[Laughter.] Thank you, but lastly, sir, I would like to congratulate Lindiwe Mazibuko. We wish you all the best, Ms Mazibuko. May God bless you.]
Dr M G ORIANI-AMBROSINI: Mr House Chairperson, my congratulations also go to the hon Mazibuko on her appointment.
This Bill embodies the best possible intentions, but in order to understand the problems we have with it, and the problems most of the intellectual property rights community has, one needs to look at the actual technicalities. No money will go to the indigenous communities. An enormous amount of business will be developed around this Bill by people who do not belong to indigenous communities. The net result is that anything that remotely smells of South Africa and is not being used here, will surely be freely used everywhere else but in South Africa.
I am very pleased to hear from the hon Fubbs that the Chief Whip of the ANC is an expert on intellectual property law. We worked very hard on this Bill, night and day. Whenever questions were raised about the meaning and application of the Bill, those questions could not be answered without lawyers disagreeing, officials offering a different reading and legislators — ourselves — being totally confused. The Bill is a conundrum wrapped in an enigma surrounded by mystery looking at itself in a mirror.
These are the difficulties we have: The definition of “knowledge” lacks the requirement that such knowledge be unique to the relevant community. So, such knowledge could very well be ubiquitous and known to many other communities. The definition of “indigenous community” bypasses existing traditional councils as if the traditional structure did not exist. An indigenous community as a legal person lacks the legal prescripts to determine how such entity expresses its volitions, inter alia, to appoint a representative or apply for registration of its knowledge. You are going to have one person after another popping up out of nowhere and saying that they represent this or the other community, and enormous conflict will be generated around it. And the inclusion of “extinct communities” that no longer exist is nothing short of absurd.
The Bill has unaddressed issues of constitutionality. It requires those who now freely use indigenous knowledge for commercial purposes to stop doing so until and unless they obtain the consent of a community and pay a royalty, thereby taking away a right without the required constitutional compensation. The new royalty or benefit to be paid into the state-established trust - which is an organ of state - is a tax, duty, levy or surcharge, which turns some provisions of this Bill into those of a money Bill. There is an exclusion of this money going into the National Revenue Fund. It cannot be done. It is unconstitutional. There is no justification for that to be the case. In the absence of extraordinary circumstances, it is impermissible to legislate that money raised in terms of this Bill goes anywhere but into the National Revenue Fund.
In respect of what the Minister said, the Bill also contravenes international law as set out in the World Trade Organisation’s Agreement on Trade-Related Aspects of Intellectual Property Rights, Trips, which prohibits legislation providing for national treatment or extending benefits to nationals only. Trying to achieve parity of treatment by means of additional international treaties subject to reciprocity confirms rather than solves the problem, as it highlights that in the absence of treaties the legislation breaches the Trips Agreement.
The length of time during which indigenous knowledge is protected is excessive, unwarranted and not in line with any existing intellectual property law in the world.
The rest of my speech may be read on our website. [Interjections.] [Time expired.]
Adv A D ALBERTS: Mr House Chairperson, this Bill represents a valiant effort to fill a constitutional void that could bring the governance of South African society into alignment with the reality of its diversity of communities. As such, the objectives of the Bill to protect and promote indigenous knowledge are laudable and were supported by all political parties, including ourselves.
However, the South African society is complex and, as such, the instruments chosen, namely the amendment of four Acts within the intellectual property regime, were seen by many legal and social science experts and the public as inadequate and forced. Indeed, what was needed was the creation of sui generis legislation that could deal with the unique properties of indigenous knowledge in a customised manner. This was also the FF Plus’s position, and it remains so.
Dit blyk uiteindelik dat die politiek agter die skerms die keuse vir hierdie wysigingswetsontwerp gedryf het. Die Departement van Handel en Nywerheid het alle advies, insluitende dié van die Wêreldorganisasie vir Intellektuele Eiendomsreg, Wipo, om eerder unieke wetgewing vir die beskerming van inheemse kennisstelsels te skep, bloot geïgnoreer. Dit was baie duidelik dat om die beskerming van inheemse kennisstelsels in die bestaande intellektuele eiendomswette in te forseer, heelwat onbedoelde gevolge sou hê. Die eerste weergawe van die wysigingswetsontwerp het dan ook soveel gebreke gehad dat die parlementêre regsadviseurs, tesame met die komitee, die wysigingwetsontwerp moes oorskryf. Sodoende is heelwat van die teenstrydighede en probleme wel uitgestryk. (Translation of Afrikaans paragraph follows.)
[In the end, it appears that behind-the-scenes politics has been the driving force of this amending Bill. The Department of Trade and Industry simply ignored all advice, including the advice of the World Intellectual Property Organisation, Wipo, rather than to create unique legislation for the protection of indigenous knowledge systems. It was very clear that forcing the protection of indigenous knowledge systems into the existing intellectual property legislation would have considerable unintentional consequences. Consequently, the first draft of the amending Bill had so many flaws that the parliamentary law advisors, together with the committee, had to rewrite it. By so doing many of the discrepancies and problems were sorted out, though.]
However, the Bill remains too simple an instrument to deal adequately with the complexities of indigenous communities and culture and with the protection of cultural expressions. As a blueprint for managing and protecting indigenous knowledge, it is not quite what the world and the United Nations were looking for when they asked South Africa to take the lead in this matter – and I was informed of this in person by Wipo.
The world was expecting an innovative approach, but instead we delivered what Edmund Burke referred to as a metaphysical abstraction that does not fit properly with reality. If we had created sui generis legislation instead, we would have made history in the process, as we would have established a completely new category of intellectual property alongside and analogous to the existing ones, without distortion.
Mnu N E GCWABAZA: Sihlalo ohloniphekile, oNgqongqoshe noSekela Ngqongqoshe abahloniphekile, maLungu ePhalamende ahloniphekile, umbutho wabantu i-ANC wethula lo mthethosivivinywa ochibiyelwayo esiwubiza ngokuthi yi-Intellectual Laws Amendment Bill kule Ndlu ehloniphekile yeSishayamthetho ukuze leNdlu iwuphasise lo mthetho usebenze njengomthetho wezwe.
Ngalo mthetho, uhulumeni kaKhongolose uhlose ukuthi kuhlonishwe futhi kuvikelwe ulwazi oluyinjulamqondo [indigenous knowledge] olutholakala emphakathini yokudabuka kuleli lizwe lakithi[indigenous communities], kanye nokuthi le miphakathi yokudabuka ihlomule ingxenye yenkece — imali phela — uma lolu lwazi lusetshenziswe ngabanye ngenhloso yokuthola umvuzo oyinkece. (Translation of isiZulu paragraphs follows.)
[Mr N E GCWABAZA: Hon Chairperson, hon Ministers and Deputy Ministers, hon Members of Parliament, the people’s party, the ANC, presents this amending Bill that is known as the Intellectual Properly Laws Amendment Bill before this august House, the National Assembly, for the House to pass it so that it can be recognised as state law.
With this law, the ANC-led government is aiming at recognising and protecting indigenous information that belongs to the indigenous communities of this country, and for these indigenous communities to be compensated financially when this information is used by those who want to benefit financially.]
The promotion and protection of indigenous knowledge using intellectual property law is a subject of debate in Africa and the rest of the world in various international forums, such as the World Intellectual Property Organisation, the World Trade Organisation, the United Nations Educational, Scientific and Cultural Organization, Unesco, and many others. This debate is particularly important for developing countries and less developed countries, particularly those whose indigenous knowledge continues to be exploited and misappropriated by third parties for financial benefit, without the same benefit accruing to those indigenous communities who are the holders and custodians of indigenous knowledge.
As we continue to build a developmental state, we can no longer ignore the importance of recognising, promoting and protecting indigenous knowledge in order for it to benefit indigenous communities economically, continue to build social cohesion and advance national reconciliation.
Hon Ambrosini, article 27, paragraph 3(b) of the Trade-Related Aspects of Intellectual Property Rights, Trips, agreement empowers member states to consider protecting indigenous knowledge by using intellectual property systems.
Kulo mthetho akukho nakunye okushintsha noma okuchibiyela umthetho weNdlu kaZwelonke yobuKhosi beNdabuko. Abaholi esahlangana nabo eMpumalanga Kapa nabanye abafika emihlanganweni yomphakathi [public hearings] lapha ePhalamende bayawusekela lo mthetho, ngoba baqonda kahle ukuthi akukho okushintsha umthetho ababusa ngawo.
Ngalo mthetho, i-Intellectual Laws Amendment Bill, sizovikela, sihloniphe ukugujwa komkhosi womhlanga nokusina kwamaZulu, imifanekiso yezingubo nemidwebo yezindlu zamaNdebele, isigqoko sotshani sabeSuthu, amalungelo abaqambi bezinganekwane [copyright of indigenous folklore], imifanekiso yobuhlalu nokuxhentsa kwakwaXhosa. (Translation of isiZulu paragraphs follows.)
[In terms of this law, nothing is going to amend the laws of the National House of Traditional Leaders. The leaders whom we met in the Eastern Cape and others who came to the public hearings here in Parliament support this law, because they understand very well that nothing is going to change with regard to their powers.
With this law, the Intellectual Property Laws Amendment Bill, we will protect and recognise the celebration of the Reed Dance and the traditional dances of the Zulu people, the designs of the dresses and the drawings on the houses of the Ndebele people, the grass hat of the Sotho people, the copyrights of indigenous folklore, the beadwork designs and the traditional Xhosa dance, ukuxhentsa.]
It will protect indigenous Indian and Afrikaner music and dance performances, and the Cape Minstrels with their colourful apparel, so that whoever wants to use these designs, trademarks, performances and copyrights for commercial gain has to enter into a benefit-sharing arrangement with the indigenous communities as the owners of this indigenous knowledge.
Indigenous peoples all over the world have lamented that their arts and crafts, literature and folklore, science and medicine, music and dances, designs, trademarks and heritage are subjects of research and eventual commercial exploitation by others, while they are denied not only financial benefit, but also respect and official recognition.
I submit that, through the Intellectual Property Laws Amendment Bill, the ANC seeks to guarantee just compensation for indigenous communities when their indigenous knowledge is being used for commercial gain. If this House fails to pass this Bill, mining of indigenous knowledge will become the latest and ultimate neo-colonial form of exploitation of indigenous communities. It is estimated, for instance, that the annual world market for medicines derived from medicinal plants discovered by and from indigenous communities amounted to $43 billion in 1985, grew to $130 billion by 1990 and will total $5 trillion by 2020. When one adds the economic value of other forms of indigenous knowledge, which continue to be exploited and misappropriated, one will realise that indigenous communities are losing massive amounts of money. This massive indigenous wealth cannot be left to individuals and private business while the indigenous communities continue to be poor, hungry and unemployed.
This is an opportune moment for this Parliament to pass this amending Bill in order to use the collective intellectual property of our indigenous communities to secure the economic benefit that is due to them.
Let me conclude by drawing the attention of the House to this proverb: “Every time an elder dies, it is as if a library burns down”. This Parliament must pass this Bill so that the educational, social, cultural and moral values and the economic benefits accruing from indigenous knowledge are no longer lost to posterity every time a generation of elders passes on. [Applause.]
Mr S N SWART: Chairperson, the ACDP appreciates that indigenous knowledge of communities may be open to exploitation by foreign countries. We also share the view that indigenous communities should derive every benefit from their indigenous knowledge. We therefore support the principle of this Bill. However, as the other speakers have said, the central issue is whether it is appropriate to integrate the protection of indigenous knowledge into current intellectual property protection laws.
Intellectual property is a specialised and complex branch of the law. Even as a lawyer I have difficulty understanding it. Are we not trying to drive a square peg into a round hole? The main objection raised by experts in the field is that a basic principle of intellectual property is operating in reverse in this Bill. Works of traditional knowledge are already in the public domain; how can they then be accorded exclusive, private status, as required in intellectual property laws?
Additionally, conventional intellectual property has a limited lifespan, which contrasts with the permanent protection sought to be given in this Bill. The answer is surely a sui generis Act, and this is the way that it should have been processed.
We are aware that the World Intellectual Property Organisation has also been struggling to protect traditional knowledge for some years. And we have the opportunity to set the benchmark here. It is anticipated that soon, maybe next year or in a while to come, a customised law, a sui generis law and an international treaty will be presented by the World Intellectual Property Organisation. Would it not have been more appropriate to await this development — or even that we set the benchmark with a sui generis law that would then assist the international domain and the way forward?
Finally, it is alleged by various commentators that there will be monumental problems in establishing the subsistence and ownership of property to be protected, and then in bringing successful claims to enforce the rights and payment of the envisaged royalties. Who, then, will be making the money? It will be the lawyers and the litigants in this matter. The ACDP will regrettably not support this Bill.
Mr J F SMALLE: Hon Chairperson, when we write legislation it must be for a purpose that will work and that will be beneficial to society as a whole. This Bill was intended to protect indigenous knowledge. The DA supports the idea that indigenous knowledge and history must be protected.
In order to make conditions legally binding, a positive approach to the protection of indigenous knowledge - a sui generis approach - was proposed by most legal experts, including the DA. Sui generis literally means “its own kind” or “unique in its characteristics”. This would have created opportunities for communities to alleviate economic strain on those individuals who find living difficult. However, the opportunities and rights of citizens are seriously limited as the Bill is written now.
The advantage of using a sui generis approach would have been to allow the recognition of indigenous works outside the normal intellectual property framework. This would have allowed for more effective and comprehensive protection and promotion.
In 2004, the World Trade Organisation, through the Agreement on Trade-related Aspects of Intellectual Property Rights, Trips, saw the need to establish a link between the convention on biodiversity, indigenous knowledge and folklore. This had to be done by setting minimum standards in patents, trademarks, copyrights and performances.
One could argue that stand-alone sections and chapters in the Copyright Act, Performers Protection Act, Trade Marks Act and Designs Act do provide for the necessary flexibility to accommodate the unique characteristics and requirements of indigenous knowledge without disrupting intellectual property relating to non-indigenous knowledge and intellectual property. However, it should be noted that it offered a less comprehensive and cohesive approach to indigenous knowledge.
Should any commercial benefit be derived from this Act when it comes into effect, it will force individuals and companies that are currently protected by the Trade Marks, Copy Rights or Performers Protection Acts first to seek a beneficiating agreement with the indigenous community within 12 months in order to derive commercial benefit. Acknowledgement of this idea should be given to the community.
Should an indigenous community register a design or trademark within 36 months after the commencement of this Act, it will force companies and individuals to pay royalties backdated to the commencement of the Act. This clause, clause 53(c), subsection 9, does not allow parties to walk away should they wish not to further their business. This will create uncertainty regarding future investment in commercial investments that could have assisted indigenous knowledge. The DA will not support this Bill in its current form.
Ms S C VAN DER MERWE: Chairperson, hon members, we are all aware that our country has many riches. These riches include our biodiversity, our natural resources and our remarkable inheritance of indigenous knowledge. This knowledge has been passed down to people over years and centuries, and provides us with a glimpse into our history and into the way our people lived and worked, how they struggled and battled, how they overcame obstacles, how they danced, sang, celebrated and mourned. It is our richest inheritance. Our people own this knowledge, as did their forefathers and -mothers. It is precious and must be protected.
This Bill before the House confers the right of ownership on our indigenous communities to benefit from this inheritance. In this regard, the Bill is overdue and very necessary.
During the course of our debate in committee on the details of the Bill, the ANC tried never to lose sight of this objective and what we are aiming to do – to confer this protection on South African indigenous communities in an ever-changing world, where the holders of indigenous knowledge have been disinherited of their birthright. Part of the reason for this disinheritance is, ironically, the fact that many people and communities in the world recognise the value of our intrinsic assets.
A beautiful song, a lovely design and a unique and compelling story all represent the creativity of the minds of our ancestors, and all have value. These assets have been open to exploitation by others because those others recognise their value. Some have appropriated our assets and benefitted from them. This trend has to be arrested. These assets and their value must be acknowledged by our country and by the international community.
Think of the generations of Ndebele people who walked miles and miles to find white chalk in the Boskop area, among others, and the red sand in the rivers nearby to mix their paints and paint their houses. Think of the designs they created, each with a name, carefully painted with feathers they had plucked, each house adorned with a special design – designs that have survived to this day. This is what we need to protect!
So why do we choose to protect our indigenous knowledge in this manner, through an amendment to the current intellectual property law framework? Why do we do that? We do so because we recognise the value of our indigenous knowledge. We do so because we believe that the benefit associated with our national assets should accrue to the communities who conceived of them. We do so because we believe that our people’s creativity should be no less protected and no less valued than the intellectual property which we have already protected in our law.
It must be said that we received the legislation in a form that our committee found to be unsatisfactory. We therefore took the decision as a committee to redraft the Bill, and I might add that at that stage this approach had the backing of all the political parties who were present. They seem to have changed their minds.
We redrafted the Bill so as to give it better structure and make it more coherent and less ambiguous regarding the protection of our indigenous knowledge. In the redrafting we took into account all the submissions made to the committee, including that by the National Economic Development and Labour Council, Nedlac, among others, and worked those comments into the new Bill. The hon Harris has made the assertion that there should have been further hearings, but that does not take this fact into account and would simply have been duplication.
The restructuring, then, was based on the premise that the four relevant principal Acts, which have been mentioned here – the Performers’ Protection Act, the Copyright Act, the Trade Marks Act and the Design Act – should each include a separate section which granted intellectual property rights to indigenous knowledge. The structure of this piece of legislation, therefore, repeats the key sections and clauses in each of the four Acts mentioned to add what is now being termed a “new species of intellectual property” — indigenous knowledge. This is called a “hybrid approach”.
We did this because we wished to demonstrate the high importance we place on the equality of indigenous lore in our law. I say this mindful of the fact that we are, in fact, breaking new ground. We are writing our future history. We are entering unchartered waters in intellectual property and in the protection of indigenous knowledge.
We have been informed by the World Intellectual Property Organisation, Wipo, as it is known, that they are watching our efforts. We know that there is an international debate on this very subject, as has been mentioned, but international agreement has not yet been reached. Agreement has not been reached precisely for the reasons that we grappled with and because different nations have different views on the issue.
In a sense, our legislation is therefore ground-breaking. It seeks to give voice to the traditional in a modern world. It seeks to elevate the creativity of the minds of our indigenous communities to a status equal to modern creativity. It is not an easy task, but it is what we seek for our indigenous assets.
There has been similar protection enacted in South Africa before – in 2005. The Minister referred to the Patents Act, which was amended to recognise indigenous knowledge. This has been used in protecting indigenous genetic and biological resources. Despite what Mr Harris says, this petition does exist and does work. So, it is not new in that sense, but is groundbreaking in the sense that the four principal Acts that are being amended here did not previously include indigenous knowledge.
Our committee has stated unequivocally that this is merely the beginning of the process. It is the start that we need to make in order to protect the assets of our community. We are aware that more protection might be necessary in future. The world and the intellectual property environment are constantly changing and developing as progress is made. While we have made a start, we know that we will have to do more in the future.
The challengers of this Bill should remember these things and in making their decision should bear in mind what we are trying to do and who will benefit from the passage of this Bill. The beneficiaries will be the very communities and individuals whose creativity forms the basis of our multilayered culture.
I submit that the challenge about constitutionality is spurious. On this issue, and others raised by committee members, the committee sought and received legal opinion. On the strength of those opinions we satisfied ourselves that the Bill is in compliance with the Constitution and has also been certified by the Office of the State Law Adviser, who was present throughout the deliberations. In fact, the Bill furthers the aims of the Constitution in protecting the rights of our citizens and their cultures and heritages.
The ANC is convinced that this is an important first step in our law to protect indigenous knowledge. All of us on the committee have learnt a lot about intellectual property and the complexity of the issues pertaining to intellectual property.
We greatly value the high-level contributions made by all those who participated in the public hearings and by the expert panel who advised our committee. We have also been ably supported by a team of legal advisors, including the Parliamentary Legal Adviser, Advocate Charmaine van der Merwe – no relation – who, with her sharp mind and dedication to her task, played a pivotal role in the process.
In the end, we as Members of Parliament and representatives of our people have to weigh up what we have learned and apply this in the best interest of our communities. I think we have done this, while acknowledging that more will come as the international community deliberates on these issues and as we as South Africans develop and refine our intellectual property legislative framework. Our best intentions, as the hon Oriani-Ambrosini said, are indeed reflected in this Bill and they will, after its passage, be effected to the benefit of those who have been disinherited of their rights up until now.
The ANC supports this Bill and all that it represents for our people.
The MINISTER OF TRADE AND INDUSTRY: Chairperson, it has been a strange debate. Everybody says they support the objectives of the Bill, but most of the opposition are going to vote against it. If we unpack it, they seem to have two objections: The one is that they say we should have gone the sui generis route instead of the intellectual property route, and the second one is that they say we haven’t waited for the World Intellectual Property Organisation, Wipo, to generate a model Bill and a new treaty.
I want to address both of those. I want to say, first of all, that I deny absolutely that our choice to go the intellectual property route is a matter of dogma, or that we haven’t listened to the evidence or haven’t engaged in a rather long process. We have, and we have seen no convincing alternative emerging in that process to the route we have chosen.
What our choice means is that the established intellectual property law system will be required to respect and engage with issues of indigenous knowledge in generating their own copyrights, patents and whatever else they generate in the established intellectual property system. This is as opposed to having a set of rights in some sui generis legislation that would be out of kilter and probably in conflict with what is going on in the intellectual property system and that would require a conflict of laws, decisions by judges and whatever. I don’t know whether that would be a route for any less litigation than people are saying this Bill will be.
Given the state of the debate internationally about intellectual property issues, it is anybody’s guess when Wipo will reach consensus on this matter. I did say that if something better comes along, if Wipo does generate something, we will look seriously at this and be prepared to reconsider. At the moment, I think that this piece of legislation is urgently needed.
I just want to caution against people citing what they call the “intellectual property community” or “intellectual property experts”. I said earlier that many of the people involved in intellectual property are not used to community and collective rights. We make no apology for requiring them to get used to that.
There has been a lot of huffing and puffing around this Bill. There has been an attempt to turn discussions about calls and choices and taking steps towards improving the lives of our people into huge gladiatorial contests. There has been theatre in this Parliament, but I want to say that it reminds me of what happened when we passed the Companies Amendment Bill. There was all this drama about what impact it would have, but what happened? On the World Bank’s Ease of Doing Business Index, we went up by 30 places, from 74 to 44, in terms of starting a business, and that was attributed to the Companies Act. [Applause.] I have no doubt that this will be a step forward as well. [Applause.]
Debate concluded.
Question put: That the Bill be read a second time.
Division demanded.
The House divided.
The HOUSE CHAIRPERSON (Mr M B Skosana): Order, hon members! Can we all be seated? Hon members, I have to go through the routine, whether you have heard it before or not. I would like to remind members that they may only vote from their allocated seats. When requested to do so, members must simply indicate their vote by pressing the appropriate button. If a member inadvertently presses the wrong button, the member may thereafter press the correct button. The last button pressed will be recorded as the member’s vote, when the voting session is closed by the Chair.
Hon members, the question before the House is: that the Bill be read a second time. The voting will now commence. Those in favour of the Bill being read a second time should press the “yes” button. Those against should press the “no” button. Those wishing to abstain should press the “abstain” button. I am sorry that I may have to ask — have all the members voted? Then I have to say thank you.
Order, hon members! We are struggling with the number of the votes. It looks as if we did not make the required quorum of 201. So, we may have to defer the Bill. Order! I am informed that members were saying that their “things” were not working. These instruments that we use are not called “things.” They are called “tools of the trade”. The “tools of trade” were not working. So, we will have to rerun the whole process and then lock the doors.
The CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, can we also correct the record, because we were saying there was no quorum. That is not the position. We have a quorum.
The HOUSE CHAIRPERSON (Mr M B Skosana): We do not know that yet, Chief Whip of the Majority Party. Let me commence. Again, I remind members that they may only vote from their allocated seats. When requested to do so, members must simply indicate their vote by pressing the appropriate button. If a member inadvertently presses the wrong button, the member may thereafter press the correct button. The last button pressed will be recorded as the member’s vote, when the voting session is closed by the Chair.
Hon members, the question before the House is: that the Bill be read a second time. Are members in their allocated seats? I hope the “things” are working. [Laughter.] Voting will now commence. Those in favour of the Bill being read a second time should press the “yes” button. Those against should press the “no” button. Those wishing to abstain should press the “abstain” button. Have all the members voted? The names of those who have not will be taken. Voting will be closed.
Mr A M MPONTSHANE: Chairperson, just a question: Should Whips of other parties move to the Table?
The HOUSE CHAIRPERSON (Mr M B Skosana): If you want to, yes, you can. Mr Mpontshane, come and satisfy yourself. Order, hon members! Hon member, take your seat. Hon members, 201 members have voted.
AYES - 156: Abram, S; Adams, P E; Bapela, K O; Bhengu, P; Bikani, F C; Boshigo, D F; Botha, Y R; Burgess, C V; Cele, M A; Chikunga, L S; Chiloane, T D; Chohan, F I; Cronin, J P; Dambuza, B N; Daniels, P N; Davies, R H; Diale, L N; Dikgacwi, M M; Dlakude, D E; Dubazana, Z S; Dube, M C; Duma, N M; Dunjwa, M L; Fihla, N B; Frolick, C; Fubbs, J L; Gasebonwe, T M A; Gaum, A H; Gcwabaza, N E; Gelderblom, J P; Gina, N; Gololo, C L; Hajaig, F; Hanekom, D A; Holomisa, S P; Huang, S - B; Jeffery, J H; Kenye, T E; Khoarai, L P; Khumalo, F E; Kubayi, M T; Landers, L T; Lekgetho, G; Lishivha, T E; Luyenge, Z; Mabasa, X; Mabedla, N R; Mabuza, M C; Madlala, N M; Madlopha, C Q; Mafolo, M V; Magagula, V V; Magama, H T; Magau, K R; Magwanishe, G; Makasi, X C; Makhubela-Mashele, L S; Makhubele, Z S; Malgas, H H; Maluleke, J M; Manana, M C; Manganye, J; Mangena, M S; Maserumule, F T; Mashigo, R M; Mashishi, A C; Masilo, J M; Mathibela, N F; Matladi, M N; Matshoba, J M; Maunye, M M; Mavunda, D W; Mbili, M E; Mdaka, M N; Mdakane, M R; Mgabadeli, H C; Mjobo, L N; Mkhulusi, N N P; Mlangeni, A; Mmusi, S G; Mnisi, N A; Mocumi, P A; Mohale, M C; Mokoena, A D; Molebatsi, M A; Moss, L N; Motimele, M S; Motsepe, R M; Motshekga, M S; Mthethwa, E M; Mtshali, E; Mufamadi, T A; Mushwana, F F; Nchabeleng, M E; Ndabandaba, L B G; Ndlazi, A Z; Nelson, W J; Nene, N M; Newhoudt-Druchen, W S; Ngcengwane, N D; Ngcobo, B T; Ngcobo, E N N; Ngele, N J; Ngwenya-Mabila, P C; Nhlengethwa, D G; Njikelana, S J; November, N T; Ntapane, S Z; Ntuli, Z C; Nxumalo, M D; Nyalungu, R E; Nyanda, M F; Nyekemba, E; Oliphant, M N; Petersen-Maduna, P; Phaliso, M N; Pilusa-Mosoane, M E; Radebe, B A; Radebe, G S; Ramodibe, D M; Saal, G; Schneemann, G D; Segale-Diswai, M J; Selau, G J; Sibanyoni, J B; Sibhidla, N N; Sisulu, L N; Sithole, S C N; Skosana, J J; Smith, V G; Snell, G T; Sogoni, E M; Sonto, M R; Sosibo, J E; Suka, L; Sulliman, E M; Thibedi, J D; Thobejane, S G; Thomson, B; Tinto, B; Tlake, M F; Tobias, T V; Tseke, G K; Tsenoli, S L; Tshwete, P; Tsotetsi, D R; Turok, B; Twala, N M; Van der Merwe, S C; van Rooyen, D D; van Wyk, A; Williams, A J; Williams-De Bruyn, S T; Xaba, P P; Zulu, B Z.
NOES -37: Cebekhulu, R N; Coetzee, T W; Dreyer, A M; Duncan, P C; Farrow, S B; Harris, T D; Hill-Lewis, G G; James, W G; Kalyan, S V; Kloppers-Lourens, J C; Kopane, S P; Lotriet, A; Marais, E J; Masango, S J; Morgan, G R; Motau, S C; Mpontshane, A M; Msweli, H S; Oriani-Ambrosini, M G; Rabie, P J; Robinson, D; Ross, D C; Schäfer, D A; Selfe, J; Shinn, M R; Smalle, J F; Steenhuisen, J H; Stubbe, D J; Swart, S N; Swathe, M M; Terblanche, J F; Van den Berg, N J; Van der Westhuizen, A P; Van Schalkwyk, H C; Waters, M; Wenger, M; Zikalala, C N Z.
ABSTAIN - 8: Diemu, B C; Botha, T; Kganare, D A; Koornhof, N J J v R; Mashiane, L M; Mc Intosh, G B D; Njobe, M A A; Ramatlakane, L.
Question agreed to. [Applause.]
Bill accordingly read a second time.
Mr T BOTHA: Chairperson, I would like to rise on a point of order relating to the order that we have just dealt with. When Dr Oriani-Ambrosini raised a point of order and indicated that he had three points of order, the previous Chair ruled or forced him to sit down before he had raised his third point of order. Now, in terms of Rule 17, when a point of order is raised, the member called to order shall resume his or her seat. After the point of order has been raised with the Presiding Officer by the member, the Presiding Officer shall give his or her ruling or decision thereon. In this case, it did not happen. Can we get a ruling on this, Mr Chair?
The HOUSE CHAIRPERSON (Mr M B Skosana): Hon member, the ruling is that you should have raised this point of order then, not now. [Applause.]
MILITARY OMBUD BILL
(Second Reading debate)
Mr M S MOTIMELE: Hon Chairperson, hon Minister, hon members, the defence environment is unique in its nature in that the Defence Force protects and defends the Republic and its people as a whole. Therefore it is regarded as an essential service. Hence it is necessary that the personnel in the Defence Force have a functional and effective complaints resolution mechanism, which is meant to complement the chain of command structure.
Although the Department of Defence and Military Veterans led discussions of the Bill, it should be remembered that the Bill was originally championed by the Portfolio Committee on Defence in 2005. The Bill seeks to establish the office of the Military Ombud. The role of the Military Ombud is to receive and attend to complaints within and against the Defence Force from current and former members of the Defence Force regarding their conditions of service, as well as from members of the public regarding the official conduct of a member of the Defence Force.
The role of the Military Ombud is to investigate and ensure that complaints are resolved in a fair, economical and expeditious manner. This office is meant to enhance the grievance processes and ensure that grievances are addressed by an independent office.
In addition to establishing the office of the Military Ombud, this Bill prescribes the process of appointing the Military Ombud, which begins with an open and transparent portfolio committee nomination process and leads to recommendations being tabled before the National Assembly. The President appoints a candidate based on the recommendation of Parliament, which appointment will have received the majority vote of the National Assembly.
A candidate nominated for this office needs to possess adequate knowledge of the Constitution of the Republic of South Africa, and have legal experience and, knowledge of or experience in the military and public administration acquired over a period of 10 years.
Further to this, the Bill defines the objectives, mandates and powers of this office with the distinct intention of achieving the independence of such an office. To illustrate this independence, the Bill gives the Military Ombud the right to be consulted when the President appoints his or her deputy. Further to this, the Military Ombud is given the sole responsibility of appointing the staff in his or her office.
It should be noted that this individual needs to pass the security clearance of the intelligence division of the Defence Force. It should also be noted that the issue of sufficient independence of the Military Ombud was raised. The DA raised the question as to whether or not the Ombud is sufficiently independent from any influence by the executive, noting that the Ombud reports to the Minister. The committee sought a legal opinion in this regard. The legal opinion proved that the independence of this office is successfully reflected in the Bill, in terms of the mandate of the Ombud and the powers and functions of the office.
Essentially, the Military Ombud must investigate complaints lodged in writing and must do so fairly and expeditiously without fear, favour or prejudice. All parties must be informed and given an opportunity to respond to complaints. The Military Ombud may summon any individual who is part of a complaint and resolve it through mediation or conciliation.
After investigation, the Military Ombud may make any of the following three determinations: He or she may confirm the dispute, recommend an alternative resolution to the Minister, or if it falls out of his or her jurisdiction, refer it to the appropriate public institution. If the Ombud upholds the complaint, he or she must recommend the appropriate relief for implementation to the Minister. The outcome of the inquiry must, immediately after completion, be made available to the complainant in writing.
The Military Ombud is restricted from investigating cases that are being heard or have been ruled on by the military courts or any other alternative dispute resolution mechanism. Equally, the Military Ombud has no jurisdiction over issues that may undermine the command structure or amount to insubordination. If the complaint is frivolous, if it is not lodged in reasonable time and if the member has not exhausted the internal complaints mechanism, the office of the Military Ombud must exercise ... [Time expired.]
The HOUSE CHAIRPERSON (Mr M B Skosana): A request for declarations of vote has been received. I will now allow one member of each political party wishing to make a declaration an opportunity to do so for up to three minutes.
Declaration of vote:
Mr S J MASANGO: Chairperson, hon members, the functions of the Military Ombud are limited to the investigation of complaints concerning conditions of service within the SA National Defence Force, SANDF. This is a departure from international best practice, where similar institutions have wide mandates to investigate matters within their respective defence forces.
A legal opinion provided by the parliamentary legal service’s office defines an Ombud as an office provided for by the Constitution or by action of the legislature or Parliament and headed by an independent high-level official who accounts to the legislature or Parliament, who receives complaints from aggrieved persons against government agencies, officials and employees, who acts on his own motion and has the power to investigate and recommend corrective actions and issue reports.
However, the Military Ombud, as provided for in the Military Ombud Bill, falls short of the criteria set above. Most important and worrying is that the Military Ombud does not account to Parliament. The Military Ombud may not initiate an investigation. The Minister may assign to the Ombud any other additional functions which are not inconsistent with the Act. The Military Ombud must report to the Minister on the activities of the office of the Military Ombud, as and when requested to do so by the Minister. This obviously raises questions about the Military Ombud’s level of institutional independence.
However, one of the most challenging issues facing the SANDF is the ineffective grievance system. There is a large number of unresolved grievances, which causes enormous frustration among ordinary soldiers in the Defence Force. Therefore the establishment of a Military Ombud office will go some way towards improving the handling of complaints within the Defence Force. The Military Ombud will therefore, contribute to improving conditions of service in the SANDF. We support the Military Ombud Bill, but with the reservation that the level of institutional independence of the Military Ombud is not adequately addressed. [Applause.]
Mnr P J GROENEWALD: Agb Voorsitter, alhoewel die militêre omgewing ’n omgewing is waar streng dissipline moet heers, is dit ook so dat lede van ’n weermag ook griewe het. Daar moet aandag geskenk word aan daardie griewe anders het jy probleme, nie net ten opsigte van die doel van ’n weermag nie, maar ook die feit dat jy dan ’n ongelukkige soldaat het. ’n Ongelukkige soldaat is dan nie ’n soldaat nie.
Toe die agb Minister aangestel is, het sy ’n paar stappe gedoen om die lede van die weermag se diensvoorwaardes en die omstandighede waarin hulle dien beter te maak. Agb Minister, u het die tussentydse weermagdienstekommissie aangestel, en alhoewel die permanente lede nog nie daar is nie, is dit ’n poging om te sê dat ons die omstandighede waaronder die lede van die weermag werk beter moet maak.
Hier kom nou ’n tweede instrument. Dit is die Wetsontwerp op die Militêre Ombudsman wat dan spesifiek gaan kyk na die hantering van ons lede se griewe. Voorsitter, ek het al voorheen vanaf hierdie podium gesê dat dit wel so is dat mense teen vakbonde in die SA Nasionale Weermag gekant is. Ek sê weer dat as daar nie ’n behoorlike grieweprosedure is waardeur lede hul griewe kan lug nie, jy dan nie lede kan kwalik neem as hulle by ’n vakbond aansluit en daardie vakbond sy werk goed doen om na hul griewe om te sien, en selfs in die hof suksesse behaal nie.
Dit is u taak om te sorg dat prosedures en strukture daar moet wees sodat ons lede kan voel dat daar aan hul griewe aandag gegee word. Dit is waar die geheim gaan wees, ook met die militêre ombudsman.
Die VF Plus ondersteun hierdie wetsontwerp. Daar is gebreke. Dit is nie ’n perfekte wetsontwerp nie, maar dit is ’n goeie begin wat ons lede ook toelaat om die militêre ombudsman te gebruik om hul griewe te kan lug. Aan die einde van die dag gaan die bewys daarin lê om te sien hoe effektief die militêre ombudsman funksioneer. Daarom is daar ’n verantwoordelikheid op die agb Minister om te verseker dat die struktuur van instelling, en die aanstelling van die lede van hierdie struktuur, so gou moontlik moet plaasvind sodat hulle met hul werk kan begin. [Applous.] (Translation of Afrikaans speech follows.)
[Mr P J GROENEWALD: Hon Chairperson, although the military environment is one where strict discipline must prevail, the fact remains that members of an army have grievances too. Those grievances should be dealt with, otherwise you will have problems, not only with regard to the purpose of an army, but you will then have an unhappy soldier as well. An unhappy soldier is not a soldier.
When the hon Minister was appointed, she took a few steps to improve the conditions of service of members of the army and the circumstances under which they serve. Hon Minister, you have appointed the interim Defence Force Service Commission, and although the permanent members are not there yet, it is an attempt to say that we have to improve the working conditions of members of the army.
Now a second mechanism is on its way. It is the Military Ombud Bill which will specifically look at how our members’ grievances are dealt with. Chairperson, on previous occasions I have said from this podium that it is true that people are opposed to unions in the SA National Defence Force. I will say again that, if there is no proper grievance procedure for members to air their grievances, you cannot then blame the members if they join a union and if that union does its job well to see to their grievances, even achieving success in court.
It is your task to see to it that procedures and structures are in place in order for our members to feel that their grievances are being dealt with. This is where the secret will lie, also with the Military Ombud.
The FF Plus supports this Bill. It has its flaws. It is not a perfect Bill, but it is a good start that enables our members also to use the Military Ombud to air their grievances. At the end of the day the proof will be in how effectively the Military Ombud is functioning. This is why it is the hon Minister’s responsibility to see to it that the structure is created and that members are appointed to this structure as soon as possible so that they can start with their work. [Applause.]]
Ms H C MGABADELI: Hon Chairperson, members, as you have heard, the Military Ombud is meant to deal with complaints of former members and members of the Department of Defence and Military Veterans, lodged in writing. We are not creating an animal that will go out hunting for unfounded allegations heard of or read in the papers or in the media. With this Bill we intend to make sure that we expedite, examine fairly and investigate complaints that are lodged by these members. We also want to make sure that this office does not undermine the command and control of the Department of Defence and Military Veterans, because we must remember that the grievance procedure is part of the command and control of the Department of Defence and Military Veterans.
We are bringing in this office in order to make sure that it deals with grievances that people were not happy about and those that were not taken care of fairly within the command and control of the Department of Defence and Military Veterans.
We have listened to the DA flagging the independence of this office, trying to say that this office must be set up outside the department. Yet the chairperson, in his introduction, said that the defence environment is a unique one. Therefore what happens in the Defence Force must be within the environment of the department. Failure to do so is where the Military Ombud comes in. The ANC supports this Bill and we feel that the independence of this office is adequate for dealing with these issues. [Applause.]
The fact that the DA is flagging this issue suggests that they do not have confidence in the department and the executive. How, then, do you run a department if the Opposition is saying that the mandate of this office that they are part of is not enough? [Time expired.] [Applause.]
There was no debate.
Bill read a second time.
CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT OF PROTOCOL AMENDING THE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SEYCHELLES AND THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME IN TERMS OF SECTION 231(2) OF THE CONSTITUTION
CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT OF PROTOCOL AMENDING THE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA AND THE GOVERNMENT OF MALAYSIA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME IN TERMS OF SECTION 231(2) OF THE CONSTITUTION
CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT OF AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA AND THE GOVERNMENT OF THE REPUBLIC OF SAN MARINO FOR THE EXCHANGE THE INFORMATION RELATING TO TAX MATTERS IN TERMS OF SECTION 231(2) OF THE CONSTITUTION
CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT OF AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA AND THE GOVERNMENT OF JERSEY FOR THE EXCHANGE OF INFORMATION WITH RESPECT TO TAXES IN TERMS OF SECTION 231(2) OF THE CONSTITUTION
CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT OF AGREEMENT BETWEEN THE REPUBLIC OF SOUTH AFRICA AND THE GOVERNMENT OF THE COMMONWEALTH OF THE BAHAMAS FOR THE EXCHANGE OF INFORMATION RELATING TO TAX MATTERS IN TERMS OF SECTION 231(2) OF THE CONSTITUTION
CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT OF AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA AND THE GOVERNMENT OF BERMUDA FOR THE EXCHANGE OF INFORMATION RELATING TO TAX MATTERS IN TERMS OF SECTION 231(2) OF THE CONSTITUTION
CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT OF AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA AND THE GOVERNMENT OF THE CAYMAN ISLANDS FOR THE EXCHANGE OF INFORMATION RELATING TO TAX MATTERS IN TERMS OF SECTION 231(2) OF CONSTITUTION
CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT OF AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA AND THE GOVERNMENT OF THE STATES OF GUERNSEY FOR THE EXCHANGE OF INFORMATION RELATING TO TAX MATTERS IN TERMS OF SECTION 231(2) OF THE CONSTITUTION
CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT OF PROTOCOL AND ADDITIONAL PROTOCOL AMENDING THE CONVENTION BETWEEN THE REPUBLIC OF SOUTH AFRICA AND THE REPUBLIC OF AUSTRIA FOR THE AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME AND CAPITAL IN TERMS OF THE SECTION 231(2) OF CONSTITUTION
There was no debate.
Protocol Amending the agreement between the Government of the Republic of Seychelles and the Government of the Republic of South Africa for the Avoidance of Double Taxation and the prevention of fiscal evasion with respect to taxes on income approved.
Protocol Amending the Agreement between the Government of the Republic of South Africa and the Government of Malaysia for the Avoidance of Double Taxation and the prevention of fiscal evasion with respect to taxes on income approved.
Agreement between the Government of the Republic of South Africa and the Government of the Republic of San Marino for the exchange of information relating to tax matters approved.
Agreement between the Government of the Republic of South Africa and the Government of Jersey for the exchange of information with respect to taxes approved.
Agreement between the Republic of South Africa and the Government of the Commonwealth of the Bahamas for the exchange of information relating to tax matters approved.
Agreement between the Government of the Republic of South Africa and the Government of Bermuda for the exchange of information relating to tax matters approved.
Agreement between the Government of the Republic of South Africa and the Government of the Cayman Islands for the exchange of information relating to tax matters approved.
Agreement between the Government of the Republic of South Africa and the Government of the States of Guernsey for the exchange of information relating to tax matters approved.
Protocol and additional Protocol amending the Convention between the Republic of South Africa and the Republic of Austria for the Avoidance of Double Taxation with respect to taxes on income and capital approved.
CORRECTED RESULTS OF DIVISION ON INTELLECTUAL PROPERTY LAWS AMENDMENT BILL
The HOUSE CHAIRPERSON (Mr M B Skosana): Hon members, before we adjourn I would like to make a brief announcement: With regard to the Intellectual Property Laws Amendment Bill, I have been informed that one member had been counted twice, which gave us a total of 201 instead of 200, which is the correct total. Therefore, the result of the division was as follows:
AYES - 155: Abram, S; Adams, P E; Bapela, K O; Bhengu, P; Bikani, F C; Boshigo, D F; Botha, Y R; Burgess, C V; Cele, M A; Chikunga, L S; Chiloane, T D; Chohan, F I; Cronin, J P; Dambuza, B N; Daniels, P N; Davies, R H; Diale, L N; Dikgacwi, M M; Dlakude, D E; Dubazana, Z S; Dube, M C; Duma, N M; Dunjwa, M L; Fihla, N B; Frolick, C; Fubbs, J L; Gasebonwe, T M A; Gaum, A H; Gcwabaza, N E; Gelderblom, J P; Gina, N; Gololo, C L; Hajaig, F; Hanekom, D A; Holomisa, S P; Huang, S - B; Jeffery, J H; Kenye, T E; Khoarai, L P; Khumalo, F E; Kubayi, M T; Landers, L T; Lekgetho, G; Lishivha, T E; Luyenge, Z; Mabasa, X; Mabedla, N R; Mabuza, M C; Madlala, N M; Madlopha, C Q; Mafolo, M V; Magagula, V V; Magama, H T; Magau, K R; Magwanishe, G; Makasi, X C; Makhubela-Mashele, L S; Makhubele, Z S; Malgas, H H; Maluleke, J M; Manana, M C; Manganye, J; Mangena, M S; Maserumule, F T; Mashigo, R M; Mashishi, A C; Masilo, J M; Mathibela, N F; Matladi, M N; Matshoba, J M; Maunye, M M; Mavunda, D W; Mbili, M E; Mdaka, M N; Mdakane, M R; Mgabadeli, H C; Mjobo, L N; Mkhulusi, N N P; Mlangeni, A; Mmusi, S G; Mnisi, N A; Mocumi, P A; Mohale, M C; Mokoena, A D; Molebatsi, M A; Moss, L N; Motimele, M S; Motsepe, R M; Motshekga, M S; Mthethwa, E M; Mtshali, E; Mufamadi, T A; Mushwana, F F; Nchabeleng, M E; Ndabandaba, L B G; Ndlazi, A Z; Nelson, W J; Nene, N M; Newhoudt-Druchen, W S; Ngcengwane, N D; Ngcobo, B T; Ngcobo, E N N; Ngele, N J; Ngwenya-Mabila, P C; Nhlengethwa, D G; Njikelana, S J; November, N T; Ntapane, S Z; Ntuli, Z C; Nxumalo, M D; Nyalungu, R E; Nyanda, M F; Nyekemba, E; Oliphant, M N; Petersen-Maduna, P; Phaliso, M N; Pilusa-Mosoane, M E; Radebe, B A; Radebe, G S; Ramodibe, D M; Saal, G; Schneemann, G D; Segale-Diswai, M J; Selau, G J; Sibanyoni, J B; Sibhidla, N N; Sisulu, L N; Sithole, S C N; Skosana, J J; Smith, V G; Snell, G T; Sogoni, E M; Sonto, M R; Sosibo, J E; Suka, L; Sulliman, E M; Thibedi, J D; Thobejane, S G; Thomson, B; Tinto, B; Tlake, M F; Tobias, T V; Tseke, G K; Tsenoli, S L; Tshwete, P; Tsotetsi, D R; Turok, B; Twala, N M; Van der Merwe, S C; van Rooyen, D D; van Wyk, A; Williams, A J; Williams-De Bruyn, S T; Xaba, P P; Zulu, B Z.
NOES - 37: Cebekhulu, R N; Coetzee, T W; Dreyer, A M; Duncan, P C; Farrow, S B; Harris, T D; Hill-Lewis, G G; James, W G; Kalyan, S V; Kloppers-Lourens, J C; Kopane, S P; Lotriet, A; Marais, E J; Masango, S J; Morgan, G R; Motau, S C; Mpontshane, A M; Msweli, H S; Oriani-Ambrosini, M G; Rabie, P J; Robinson, D; Ross, D C; Schäfer, D A; Selfe, J; Shinn, M R; Smalle, J F; Steenhuisen, J H; Stubbe, D J; Swart, S N; Swathe, M M; Terblanche, J F; Van den Berg, N J; Van der Westhuizen, A P; Van Schalkwyk, H C; Waters, M; Wenger, M; Zikalala, C N Z.
ABSTAIN - 8: Diemu, B C; Botha, T; Kganare, D A; Koornhof, N J J v R; Mashiane, L M; Mc Intosh, G B D; Njobe, M A A; Ramatlakane, L.
At the same time, however, the Chair is a member of the House, but the Chair was not counted, so when you count the Chair the total returns to 201. So there was a quorum in terms of section 53 of the Constitution. [Interjections.]
The House adjourned at 17:21.
________
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
TABLINGS
National Assembly and National Council of Provinces
1. The Speaker and the Chairperson
a) Report and Financial Statements of the Electoral Commission (IEC) on the Public Funding of Represented Political Parties Fund for 2010-11, including the Report of the Auditor-General on the Financial Statements for 2010-11 [RP 235-2011].
2. The Minister of Justice and Constitutional Development
a) Government Notice No R.742, published in Government Gazette No 34605, dated 14 September 2011: Amendment of Regulations relating to Sheriffs, 1990 in terms of the Sheriffs Act , 1986 (Act No 90 of 1986).
National Assembly
1. The Minister of Human Settlements
a) Exchange of Notes Renewing the Agreement of 10 November 2004 on the Employment of Cuban Technical Advisors entered into between the Government of the Republic of South Africa and the Government of the Republic of Cuba in terms of section 231(3) of the Constitution, 1996.
COMMITTEE REPORTS
National Assembly
1. The Budgetary Review and Recommendation Report of the Portfolio Committee on Sport and Recreation, dated 25 October 2011
The Portfolio Committee on Sport and Recreation, having assessed the performance of the Department of Sport and Recreation for the 2010/11 financial year, reports as follows:
1. INTRODUCTION
Section 77 of the Constitution stipulates that an Act of Parliament must provide for a procedure to amend money bills before Parliament. This constitutional provision gave birth to the Money Bills Amendment Procedure and Related Matters Act (No 9 of 2009). The Act gives Parliament powers to amend money bills and other legislative proposals submitted by the executive wherever the executive deems it necessary to do so. The Act therefore makes it obligatory for Parliament to assess the Department’s budgetary needs and shortfalls against the Department’s operational efficiency and performance.
Section 5 of the Act compels the National Assembly, through its Committees to submit budgetary Review and Recommendation Reports (BRRRs) annually on the financial performance of Department accountable to them. The report must be informed by a Committee’s interrogation of, amongst others, the medium-term estimates of national expenditure of each national department, strategic priorities and measurable objectives, expenditure reports published by National Treasury, Annual Reports and Financial statements as well as observations made during oversight visits.
1.1 The role and mandate of the Portfolio Committee
The role and mandate of the Committee are as follows:
• Consider legislation referred to it
• Exercise oversight over the Department of Sport and Recreation and its statutory bodies, namely BSA and SAIDS
• Consider International Agreements referred to it
• Consider the budget vote of the Department of Sport and Recreation
• Facilitate public participation in its processes
• Consider all matters referred to it in terms of legislation, the Rules of Parliament or resolutions of the House
In terms of the Constitution of the Republic of South Africa, Portfolio Committees have a mandate to legislate, conduct oversight over the Executive and facilitate public participation.
Furthermore, Section 5 of the Money Bills Amendment Procedures and Related Matters Act, No 9 of 2009 (the Act) provides that the National Assembly, through its committees, must annually assess the performance of each national department and these Committees must annually submit Budgetary Review and Recommendations Reports for tabling in the National Assembly. These should be considered by the Committee on Appropriations when it is considering and reporting on the Medium Term Budget Policy Statement (MTBPS) to the House.
1.2 The role and mandate of the Department
The Department of Sport and Recreation is the primary Government institution that is responsible for formulating and implementing policy on sport and recreation. It reports to and advises the Minister who, in conjunction with the Cabinet, takes final responsibility for Government policy. The Department is headed by the Director-General, who is responsible for ensuring that sport contributes towards maximising access to sport and recreation and encouraging world-class performances that improve social cohesion and nation-building.
1.3 Process/method followed by the Committee in writing the BRR Report
For the period under review, the Portfolio Committee on Sport and Recreation, in exercising its oversight role, had interacted with the Department of Sport and Recreation and analyzed its 2010 to 2014 strategic plan, Quarterly Performance for 1st Quarter, its 2010/11 Annual Report, A-G Report, SONA, the 2010/11 Estimates of the National Expenditure and the Constitution.
2. STRATEGIC PRIORITIES AND MEASURABLE OBJECTIVES OF THE DEPARTMENT OF SPORT AND RECREATION
2.1 Strategic Priorities of the Department
The Department’s strategic plan seeks to deliver results along five strategic objectives that include promoting initiatives that increase the number of participants in sports and recreation, providing assistance to SA sports people to become winners in international and continental sports competitions, raising the profile of sports and recreation through transformation of the sport and recreation sector, and strengthening the operations and management of the Department.
The following strategic focus areas are critical to the success of the Department:
• To contribute to a healthy nation by increasing the number of participants in sport and recreation and development of talent within an integrated development continuum.
• To assist South African sports people to become winners on and off the field.
• To raise the profile of sport and recreation through addressing issues of national importance.
• To streamline the delivery of sport by means of the effective support systems and adequate resources.
• To contribute to making the school sports programmes the conveyor-belt for sport development and transformation in our country.
2.2 Measurable Objectives of the Department:
2.2.1 Mass Participation Programme
Sport and Recreation South Africa (SRSA) should continue to pursue initiatives that increase the number of participants in Sport and Recreation. The Department has to broaden its focus to the area of recreation and strengthen its relationship with the Department of Basic Education in the delivery of the school sports programme. The Department intends to increase the mass participation base through effective sports promotion programmes and intensive media campaigns.
2.2.2 Sport Development
The Department intends to focus on facilitating the transition from mass based programmes to high performance through coordinating and monitoring the important areas of talent identification and development as well as the delivery of scientific support to national development athletes. The development programmes would be supported by an effective national athlete tracking system. There should be regular programme impact assessment at various provincial spheres to assess the level of club development and talent identification. Furthermore the Department intends to roll out a national sport facilities plan. The sports facilities plan would enable the Department to monitor the use of facilities and ensure proper maintenance thereof.
2.2.3 High Performance
The Department intends to improve working relations with its key strategic partner in nourishing talent in high performance sport in our country. Therefore Sascoc becomes the relevant strategic partner of the Department since its mandate is to deliver in the focus area of high performance. The Department also intends to improve the country’s international ranking through adequate scientific support to our athletes.
In general, the Department realised that the above strategic focus areas needed to be supported by a strong regulatory framework, adequate financial resources, reliable sports information and functional sports academies. The Department will continue to work closely with departments such as Basic Education, Tourism and Health in order to further the spirit of corporative governance. The Department further intends to finalise the White Paper on sport and recreation that will set the tone for a blueprint for sports in the country. The key focus of this policy document would be transformation of sport and promotion of excellence in sport.
3. ANALYSIS OF STRATEGIC AND OPERATIONAL PLANS
The activities of the Department were organized under the following programmes:
3.1 Programme 1: Administration
The Corporate Services
This Unit dealt with the Human Resources Department and outlined the human resources strategy. This strategy was inclusive of a clear retention strategy although the Annual Report failed to indicate the skills retained. The Department had set a target of 2% for employment of people with disabilities. Therefore the Department had exceeded its own target in employment equity. The current rate of vacancies as reflected in the Annual Report had been due to the integration of staff from the Sports Commission and the Department had about 37 vacancies in the current financial year. This integration had increased the vacancy rate in the Department.
The Department outlined that the Audit Unit was not fully staffed and that slowed down performance. Notwithstanding the above, the Department had not yet met all the employment equity targets as set out by the Department of Public Service and Administration (DPSA).
The Human Resources Unit
This Unit had put in place a performance management system and was constantly monitoring it. The employees of the Department were each entitled to 36 days per leave cycle annually. In addition, the performance systems and individual agreements were not concluded since negotiations were still continuing with relevant parties. The Department was currently developing a succession plan and had submitted its Human Resources Plan to DPSA. There were three vacant posts within the Senior Management Services (SMS) of which one candidate must be a woman in accordance with DPSA equity targets. The Department had been unable to appoint a senior official due to the vacant post of the Director General not yet being filled since the passing away of late DG, Mr Vernie Petersen.
3.2 Programme 2: Sport Support Service
This programme comprised of four sub programmes; namely Sport & Recreation Services Providers, Club Development, Education and Training and Scientific Support. It comprised an integrative financial support provided specifically to Boxing South Africa and SAIDS. Funds were spent on administration, client support, mass participation, liaison and facilities coordination. The Department had made progress in supply chain management such as awarding 45% of tenders to disadvantaged individuals.
3.3 Programme 3: Mass Participation Programme
The purpose of this programme was to increase the number of participants in sport and recreation with special emphasis on disadvantaged and marginalised groups. The programme also transferred conditional grants to provinces to promote mass participation in communities and schools and achievements for the current year include among others the following:
• A total of 1 856 people were trained as coaches, administrators and facilities managers
• 0ver 366 athletes were provided with sport support services
• Nine provincial school tournaments were held during this period
3.4 Programme 4: International Liaison and Events
The purpose of this programme was to coordinate all international and intra-governmental relations and support the hosting of identified major events.
The measurable objectives were to assist national federations and other stakeholders in promoting South Africa as a preferred destination for hosting of major continental and international events. This programme was responsible for the country successfully hosting amongst other major international events, the ICC Women’s Cricket Challenge, Vodacom Challenge and the 123rd International Olympic Committee Session held in Durban in July 2011.
3.5 Programme 5: Facilities Coordination
The purpose of this programme was to coordinate the provision and management of sustainable sport and recreation infrastructure by municipalities. The intention of the programme was also to oversee the procurement of gymnasium equipment to certain municipalities as part of government’s drive towards speedy delivery of sports services.
The measurable objectives were to contribute towards skills development of facilities managers. The greater percentage of the allocation to this programme was used for compensation of employees and purchase of equipment.
4. The Analysis of Departmental Allocations and Expenditure Reports 2010/11
The Department of Sport and Recreation was allocated an amount of R1.25 billion for the 2010/11 financial year which was 0.7 per cent per cent of the main budget. The 2010/11 budget was simply divided into five programmes, which is different to the allocations of the previous year. However, spending slowed in 2008/09 and 2009/10 due to a number of vacant posts not being filled. Expenditure was expected to increase marginally over the medium term, in line with projected provisions for inflation. 24.52 per cent was expected to be the nominal change. The overall essence of this programme was to provide an overall and centralised support service. This means that administering, guiding and managing Sport and Recreation was the core business of this programme. According to National Treasury this under- spending had emanated from the following programmes[1]:
EXPENDITURE 2010/11 PER PROGRAMME
|Per Programme |Final Appropriation |Actual Expenditure |Variance |Variance as a % of Final Appropriation |
| |R’000 | |R’000 |R’000 |
| | |R’000 | | |
|Administration |95,168 | |353 |99.6% |
| | |94,815 | | |
|Sport Support Services |106,752 | |1 |100.0% |
| | |106,751 | | |
|Mass Participation |469,571 |469,163 |408 |99.9% |
|International Liaison and |17,204 |14,504 |2,700 |84.3% |
|Events | | | | |
|Facilities Coordination |7,200 |7,200 |- |100.0% |
|2010 FIFA World Cup |559,594 |559,593 |1 |100.0% |
4.1. Administration
Programme 1 had been allocated R 110 million, which represented an average nominal increase of 24.52 per cent when compared to the 2010/11 financial year. Expenditure had increased from R 88.9 million in 2010/11 to R110.7 million in 2011/12. In the previous financial year the percentage of an increase was at an average annual rate of 24 per cent, mainly due to the merger of the former South African Sports Commission with Sport and Recreation South Africa in 2007/08. It remained then unclear as to why this expenditure kept on recurring over the years. Also spending on compensation of employees grew at an average rate of 33.6 per cent due to this merger then. However, spending slowed in 2008/09 and 2009/10 due to a number of vacant posts not being filled. This movement of fund was done during the adjustment period, though the PFMA allows it but it is subject to abuse in a number of ways and results in unintended consequences.
4.2 Sport Support Services
Programme 2 had been allocated 102.1 million, which represented an average nominal increase of -17.79 per cent when compared to the 2009/10 financial year. The reason was because this programme increased substantially from R 81.3 million in 2006/07 to R 124.2 million in 2009/10, at an average annual rate of 15.1 per cent. The 42.7 per cent growth in spending in 2009/10 was due to the rollover of R 15 million from 2008/09 for the training of volunteers for the 2010 FIFA World Cup. The Scientific Support sub-programme allocation was projected to grow at a much slower average annual rate of 24.3 per cent over the medium term, due to increase expenditure on consultants to train more athletes through the Sport Science Institute in preparation for the 2012 Olympics and for research on medical and scientific interventions. In fact this year the budget for this programme moved from 104.3 to 158 million, with a nominal increase of 52.06 per cent due to the above stated reasons. This was a programme that was meant to provide support to public entities.
4.3 Mass Participation
Programme 3 grew at an average annual rate of 45.1 per cent from 2006/07 to 2009/10, mainly due to the expansion of the mass participation grant and additions to the conditional grant for school sport projects in 2006/07 and 2010 legacy projects in 2007/08. This, together with additions for mass mobilisation and the legacy project, increased the budget for the Community Mass Participation sub-programme by an average annual rate of 50.5 per cent between 2006/07 and 2009/10. Expenditure in the sub-programme was expected to grow at the slower average annual rate of 5.4 per cent over the medium term, due to the completion of the 2010 mass mobilization programme. The school sport sub-programme budget decreased at an average annual rate of 9.9 per cent over the MTEF period. This was because the costs of accommodation and transport for learners in national competitions, previously carried by the national department, would in future be shared by provincial departments. This shift was evident in the decline in projected expenditure on venues and facilities from R 25.5 million in 2009/10 to R 4 million in 2010/11 and on transport provided from R 7 million in 2009/10 to R 4.5 million in 2010/11.
4.4 International Liaison and Events
Programme 4 was meant to negotiate government to government agreements and managed the ensuing programmes of cooperation. Spending in this programme was projected to grow to R 26.8 million at an average annual rate of 42.8 per cent between the 2009/10 periods. This was due to the addition of promoting sport tourism to sub-programme’s international sport commitments. This entailed organising hospitality centres during major events such as the Olympics, Paralympics and All Africa Games as well as the promotional activities at the 2010 FIFA World Cup. The question was how these government to government agreements contributed to humanity and peace building projects. This year the budget moved from 22.2 to 23.0 million, with a nominal increase of 3.60 per cent and the real change there was -1.14 per cent.
4.5 Facilities Coordination
Programme 5 was planning and lobbying for the provision of sport and recreation facilities by municipalities, in accordance with the national sport and recreation facilities plan last year. There was a sub-programme which was also involved in overseeing the donor funds received from the German Development Bank, Kreditanstalt fur Wiederaufbau (KfW), for developing infrastructure associated with the youth development against violence through sport project. Funding here was mainly used for compensation of departmental employees and other personnel related costs. Local authorities and other relevant stakeholders for constructing and managing facilities were supposedly there to ensure compliance with national standards. The oversight on the procurement of gymnasium equipment to selected municipalities as part of a pilot project for further lobbying for increased funding was central here as the Portfolio Committee was promised. This year the programme received 8.2 compared to the 6.7 million they received in 2010/11. This transpired with a nominal percentage change of 22.39 per cent.
The 2010 FIFA World Cup Unit dealt with infrastructure related to the 2010 FIFA World Cup and transferred the 2010 World Cup stadiums development grant to municipalities. As part of the national consultative technical team, it liaised with FIFA and the South African local organising committee’s technical committees on stadium development requirement. These included:
• Ensuring that stadium authorities and host cities comply with conditional grant requirements for developing stadiums;
• Providing guidance on and monitoring the rollout of infrastructure projects, such as transport networks, ICT and other support services, municipalities and relevant departments;
• Coordinating and resolving any problems that may hinder progress in meeting deadlines for delivering infrastructure and using funds to settle the final accounts related to stadium construction (2010 ENE).
For this financial year there had been a dramatic decrease of -560.1 in both real changes in Rands and in nominal change.
5. ANALYSIS OF ANNUAL REPORT AND AUDITED FINANCIAL STATEMENTS
1. Statement of Financial Performance
Over the MTEF period, expenditure was projected to decrease at an average annual rate of 10 per cent, to reach R 915.5 million. In the previous year the very same total expenditure was projected to decrease at an annual rate of 35 per cent to R 793.7 million in 2012/13 as the upgrading and construction of stadiums would have been completed in 2010. In the current year it had been an offset by additional allocations to the mass sport and recreation participation conditional grant, which was expected to increase from R 452 million in 2011/12 to R500.7 million in 2013/14; and to sport federations which were expected to increase expenditure in the Sport Support Services programme by R 104 million, including savings generated.
5.2 Rollovers during the financial year under Review
Under Programme of Administration, an amount of R 1, 110 million was rolled over due to many vacancies not being filled by the Department. The Public Service Regulation provided that all vacant posts should be filled within a period of 6 months from the date such post became vacant.
Whilst under Mass Participation Programme an amount of R 4, 669 was rolled over by the Department, another bad reflection was that virement applied in the Department suggested that a lot of money was spent on the compensation of employees without addressing the vacancy rate within the Department. The Committee had noted with concern that virements by the Department had exceeded 8% of their overall Budget Vote.
The Department received the final VAT Refund reconciliation from the 2010 FIFA World Cup Ticketing Company. The report was audited as was required by an agreement between the Department and FIFA. The balance outstanding and payable to FIFA was R 16, 661, 185 million. The Committee had noted with serious concern that the balance payable to FIFA had not been reflected in the financial statement of the Department.
5.2 Analysis of Auditor General Opinion: 2010/11 Financial Year
For the financial year under review, the Department received an unqualified audit report. The financial statements reflected an amount of R 3, 303, 501 which was incurred as irregular expenditure of which R 790, 000 related to the prior year and R 2, 513, 501 related to the current year. The irregular expenditure for the current year was incurred due to non-compliance with supply chain management regulations as well as non-compliance with the Department’s delegations of authority as issued in terms of section 44 of the PFMA. There was fruitless and wasteful expenditure of R 7, 2 million incurred in prior years which related to double hotel bookings and payment made for a venue that was not used.
The audit report also pointed to some irregular expenditure of an amount of R38, 4 million which was incurred without adhering to the internal delegation of authority and non-compliance with proper tender process. Those were picked up by the internal controls established by the Department and all cases were evaluated and condoned by the Accounting Officer during the year. An amount of R2, 2 million was incurred as fruitless and wasteful expenditure due to double hotel bookings and payments of venues not utilized.
6. Report from the Committee on Public Accounts
Because the Department had received an unqualified audit, it was yet to meet with the Committee on Public Accounts, wherein, recommendations by the Committee would be made. That meeting is yet to take place.
6.1 The Third Quarter Expenditure Report for Financial Year, 2010/2011
The Department reported an overall spending of R159 Million representing 19.84% of the total annual spending. Compensation for employees accounted for 22% of the overall expenditure. This resulted in the under-spending of about 3% due to vacancies of the Director General, Chief Director of MMP, Directors for Finance, Supply Chain as well as Information Technology (IT).
The total expenditure for goods and services was R22.67, representing 15.8% of expenditure on goods and services. The transfer payments expenditure stood at 20.63% whilst payments for capital assets was at 0.65%, mainly because the Department had not yet procured the gym equipment and office furniture. Only the MMP conditional grants had been transferred to provinces.
The Mass Participation Programme received a budget allocation of 62%, Sport Support Services was allocated 20%, Administration received 14%, International Liaisons & Events received 3% and Facilities Co-ordination was allocated 1%. In accordance with economic classifications, transfer payments accounted for 71%, 11% went to earmarked funds, 10% went to employee compensation, 7% for goods and services whilst 1% accounted for capital assets. The total expenditure trends were R92 755 in April, R39 350 in May and R27 112 for June 2011. The Department explained that the higher spending during April 2011 was mainly due to transfers made on a quarterly basis to the provinces for Mass Participation Programme.
The compensation of employees remained steady while goods and services were R2.8 million in April and increased to R9.7 million in May and R10.08 million in June. With regards to transfers to provinces, R83 million was transferred in April and R23 million transferred in May because three of the provinces did not meet the requirements.
Departmental agencies had budget expenditures of only R7 00 000 in April and R6 00 000 in May and increased to R10 million in June, when transfers were made to Boxing South Africa and the South African Institute for Drug Free Sport (SAIDS). None of the R103 million that was allocated to National Federations had been transferred due to non-compliance issues. Only R39 000 of the R5.6 million allocated for machinery and equipment had been spent as acquisition of gym equipment had not yet materialised.
8. ANALYSIS OF QUARTERLY EXPENDITURE REPORTS
To date, the portfolio committee’s method of work included quarterly evaluation of departmental spending and performance. This part of the report is therefore based on expenditure information supplied by National Treasury as well as oversight work done by the Committee.
Notwithstanding the above, both the Committee and the Department recognised the urgent need for regular interactions and quarterly reporting in order to ensure accountability and improve effective service delivery.
The Department had spent 54% of its allocation for the years, a variance of 6% from its approved projections to June 2009. The variance was between actual expenditure and the benchmark for all programmes, except the programme on Facilities Coordination.
In programme 2 the Department had spent 21.34% or 21.3 million below the projected expenditure to June 2011. The slow spending was mainly due to the delay in transferring funds to Love Life and Sport federations. These delays were as a result of these organizations not providing approved business plans and financial statements, which were required before transfers were made.
Current payments:
The Department had spent R 4 million below the projected R 17 million to June 2011. This was due to a delay in the filling of key positions, including that of the COO. The unfilled posts had been advertised and were expected to be filled during the course of the year.
Spending on goods and services by 30 June was 10.4 million below the projected R 38.2 million, mainly due to the delay in expenditure on the training of volunteers from the 2010 FIFA World Cup.
Transfer payments:
The Department transferred 92% of its total budget mainly to provinces and municipalities for the Mass Participation Programme Conditional Grant, the 2010 FIFA Stadium Development Grant and Host City Operating Grant. They had transferred 1.5 billion of the projected R 1.7 billion for the first quarter. The slow spending was mainly because the Department did not receive the drawdown for April from municipalities in time.
9. Observations
• The Portfolio Committee needed to consistently follow up on the issue of the high vacancy rate, especially at senior management in the Department, as this was a year of job creation declared by the President in his State of the Nation.
• The Department continuously transfers conditional grants to municipalities, well aware and conscious of the fact that most of the municipalities do not have technical capacity to implement the mass participation programme.
• The Committee noted that Boxing South Africa had failed to attend the briefing to report on their Annual Performance for the year under review. However the Committee had taken note that the Minister of Sport and Recreation, Department as well as management of BSA were working towards addressing the enormous challenges facing the boxing administration.
• The overall expenditure of Programme 3: Mass Participation grew by 50.5 percent from 2006/07 to 2010/11 financial year. Notwithstanding this exponential growth in overall expenditure, there was no tangible evidence that leagues and clubs were established in communities.
• The Committee expressed serious concern over systemic regression on the front of transformation in major sports codes such as rugby, cricket, swimming, athletics etc.
• The Committee continued to express concern over the fact that the Department had failed to resolve certain prior findings reported in the previous financial year which was still persisting. The Committee noted with concern the continued use of the MIG Fund by municipalities for other purposes for which it was not intended.
• The Committee further expressed serious concern regarding the virements of MIG-Fund by certain municipalities without obtaining the required approval by the National Treasury to do so.
• The Committee further noted that a policy decision had been reached in respect of ring-fencing the MIG and allocations be dedicated solely for purposes of building basic sports facilities.
10. Conclusion
The Committee is satisfied with the service delivery performance of the Department. It is, however, concerned about the consistent recurring matter of emphasis from the AG Report ranging from internal control, irregular expenditure, unauthorised expenditure, and insufficient visits to hubs, supply chain management and mass participation.
The Department has after many years received an unqualified audit report with numerous matters of emphasis from the Auditor General. Notwithstanding the consistent recurring matters, the Committee holds the view that the resources of the Department are utilised economically.
11. Recommendations
For the current 2010/11 financial year the Department of Sport and Recreation had been allocated R2.2 billion and based on the Department’s strategic plans on the National Sport Plan, the allocation for the MTEF period was dramatically reduced for the 2010/11 financial year and beyond. The implication is that those financially struggling stadiums will have to work hard to financially sustain themselves.
Based on the analysis of the Department’s budget for the year under review (2010/2011), the Committee recommends the following:
• The budget of the Department of Sport and Recreation should be increased in order to address the huge challenge of lack of sports and recreational facilities in poor and rural communities.
• The National Treasury should look at ways to re-align funding allocated for sports development through Love-Life and engage with the Department of Sport and Recreation to align and synchronise national, provincial and local spheres of government for implementation of mass participation programmes.
• Audit costs for small entities such as the South African Institute for Drug Free Sport as well as Boxing South Africa should be reviewed in order to reduce the cost burden on their budget allocations.
• The Special Grant should be established for building of sports facilities given the fact that many municipalities continued to utilize the Municipal Infrastructure Grant (MIG) for other more pressing needs of the communities such as water, sanitation and housing.
• The transfers of funds to implement building for sports programme should be based on the assessment of Municipalities’ technical capacity and where municipalities were found lacking in capacity, and then the Department should provide necessary assistance.
• The Department should undertake an impact assessment of the Mass Participation Programme and report the outcome to the Committee.
• Additional funding should be allocated to sport support services to enable it to provide funding to federations and agencies with a good track record of improving sports facilities and distributing sports equipment to disadvantaged and rural communities, e.g. Sports Trust.
• The Department of Sport and Recreation should ensure the speedy implementation of the Memorandum of Understanding (MOU) with the Department of Basic Education to advance the school sports programmes.
• The Department of Sport and Recreation should conduct an impact assessment of transformation in all sports federations and codes and thereafter report the results to the Committee.
• Notwithstanding the initiative by the Department to fill the current vacancies, the Minister of Sport and Recreation should appoint the new Director General and fill the many vacant posts at senior management as a matter of urgency.
• The Departments of Trade and Industry and Sport and Recreation should move swiftly with initiatives to amend the National Lotteries Act.
Report to be considered
2. Report of the Portfolio Committee on Correctional Services on its enquiries into allegations of abuse of power and sexual harassment levelled against the head of the Bethal Correctional Centre, dated 26 October 2011
1. INTRODUCTION
1. In terms of National Assembly Rule 201(1)(c), a portfolio committee may monitor, investigate, enquire into and make recommendations concerning any executive organ of State falling within its portfolio.
2. On 15 September 2011 the Portfolio Committee on Correctional Services (the Committee) received a request for intervention from the Police and Prisons Civil Rights Union (POPCRU) Mpumalanga provincial office, on behalf of officials at the Bethal Correctional Centre. The comprehensive submission detailed a series of allegations of sexual harassment and abuse of power against the Head of the Bethal Correctional Centre.
3. The Chairperson of the Committee, having considered the submission, believed that the allegations warranted investigation, and Ms F Nyanda and Mr V Magagula were delegated to visit the centre and meet with POPCRU, the officials making the allegations, as well as the Head of the Correctional Centre (HCC).
4. The visit took place on 4 October 2011. On 12 October 2011, the allegations, as well as the delegation’s preliminary report, were submitted to the National Commissioner for Correctional Services for his immediate attention.
5. Subsequent to the delegation’s visit, one of the officials involved received threats to her family should she not withdraw her testimony.
6. The recommendations made under section 3 of this report are made in full recognition of the fact that the institution and setting aside of disciplinary action is governed by, amongst others, the provisions of the Labour Relations Act. The Committee believes however that the allegations made, cast serious doubt on the fairness of the action instituted against Officials A and B, and that they should, at the very least, be reviewed.
2. FINDINGS
1. The Head of the Correctional Centre (HCC) had conducted a three-year affair with an official (Official A) working at the centre. Upon ending the affair, the HCC proceeded to institute disciplinary action against her for breaches she had committed on his instruction and/or in which he was complicit. These resulted in her dismissal.
2. The HCC had propositioned another junior staff member (Official B), who rejected his advances. In response, the HCC allegedly victimised the official, and eventually influenced an inmate to submit a signed affidavit claiming that the official was involved in smuggling drugs into the centre. The inmate later confessed that he had been coerced into doing so, in return for a six-month reduction in his sentence. He was subsequently transferred to the Ermelo Correctional Centre, but charges against the official were not withdrawn.
3. POPCRU alleges that the HCC does not recognise it as a labour union, and that its members are being victimised.
4. POPCRU further claims that previous investigations into the above-mentioned allegations by the area management were biased, as the Area Manager is an ally to the HCC.
3. RECOMMENDATIONS
1. The Committee welcomes the Department of Correctional Services’ (DCS) Departmental Investigation Unit’s (DIU) confirmation, on 18 October 2011, that the allegations against the Bethal HCC are being investigated.
2. It is evident that the investigation which led to Official A’s dismissal was not fairly instituted. The circumstances leading to her dismissal should therefore be investigated, and if necessary, the dismissal should be reversed.
3. Threats made to Official A should also be investigated internally, and appropriate action should be taken against those implicated.
3.4 The legitimacy of all charges against Official B should be investigated. If the allegations that she has been framed are substantiated, appropriate action should be taken against those implicated.
3.5 The allegations that POPCRU-affiliated officials are being victimised are serious, and should be investigated.
6. The investigations recommended above should be conducted by impartial, independent investigators, who are not from the DCS’ Limpopo/Mpumalanga/North West region.
7. The DCS should report on the status of the above-mentioned investigations by 30 November 2011.
4. CONCLUSION
All allegations of sexual abuse are viewed in a very serious light, and it has come to the Committee’s attention that such abuse of junior female officials, especially, is rife. The DCS should ensure that an environment conducive to the reporting of such violations is created, and that decisive action is taken against all those found to be guilty of charges levelled against them.
Report to be considered.
3. Report of the Portfolio Committee on Correctional Services on its visit to the Douglas Correctional Centre of Excellence on 8 October 2011, dated 26 October 2011
1. INTRODUCTION
7. Ms F Nyanda, Member of the Portfolio Committee on Correctional Services (the Committee), supported by the Committee Secretary, Ms C Balie, visited the Douglas Correctional Centre of Excellence (the Centre) on 8 October 2011.
8. The Centre is situated in the Kimberley management area of the Department of Correctional Services’ (DCS) Northern Cape/Free State region.
9. There are 36 correctional centres of excellence (CoE) across South Africa. The centres have been designed for the implementation of unit management which is key to the DCS’ rehabilitation and reintegration ideals as contained in the 2005 White Paper on Corrections.
10. As the Centre had been informed of the visit prior to the delegation’s arrival, the management prepared an orientation briefing, the content of which has been summarised for inclusion in this report.
2. OBSERVATIONS
2.1 The Centre was commissioned in 1977 and was originally designed to cater for both male and female offenders, but, because the admission of female offenders was low, the female units have been converted to accommodate male inmates.
2. The Centre can accommodate 297 male inmates, and at the time of the visit, was 92.9% occupied. On the morning of visit there were 162 and 61 sentenced adults and juveniles respectively, with the remand population comprising 39 adults and 13 juveniles.
3. The Centre has a staff establishment of 140, and, at the time of the visit, had 15 vacancies, none of which were at managerial level. Of the 125 officials at the centre, 33 were women, none of whom occupied managerial positions. The Centre identified the filling of critical posts as a challenge: at the time of the visit there were 12 custodial vacancies, one social worker vacancy and one control-room operator vacancy.
4. The Centre comprises two sections: Emzini – Place of Men, accommodating sentenced offenders, and Kpano - Unity, accommodating remand detainees. Each section is divided into units accommodating adults, juveniles, pre-release offenders, those being assessed, adults and juveniles with further charges, as well as a kitchen and a day-clinic.
5. The Centre’s kitchen is in the process of being renovated, and though it was clear that renovations were underway, the delegation was satisfied with its maintenance and cleanliness, as well as with the meals provided.
6. Like all correctional centres, the Centre is equipped to provide primary health care. The eight-bed day-clinic is serviced by three professional nurses, as well as a dentist and doctor, who visit the centre once a week.. Those with medical conditions that cannot be managed at centre-level, are referred to the local public hospital.
7. The Centre provides education programmes catering for ABET Levels 1 to 4. It had catered for Grade 12, but, since the Department of Basic Education (DBE) introduced the requirement that institutions had to have one educator for each Grade-12 subject, challenges have been experienced. The Centre utilises two small offices as make-shift classrooms; a project to build proper classrooms has been registered.
8. The Centre provides a range of psychological, spiritual care, correctional and restorative justice programmes. According to its management, the social worker is able to address inmates’ needs.
9. No escapes have been reported since 1997. The Centre has a control room with close circuit cameras, but these are not fully functional: the Sondolo security company had operated the control rooms, but, since the expiry of that contract, the mainframe has not been reactivated. Pending the reactivation, the control room is being manned around the clock. Though the operating contract has expired, Sondolo remains responsible for the maintenance of the security system and television cameras.
10. The Centre boasted five hectares of agricultural land yielding approximately eight tons of vegetables per month. In addition to providing for its own needs, the Centre also supplied vegetables to the Tswelopele Correctional Centre.
11. Centre management reported that the inmates were kept adequately occupied through agricultural and maintenance activities, as well as through the cleaning of local school-, hospital- and church-grounds, and cemeteries. At the time of the visit sentenced adult and juvenile offenders were cleaning the kitchen and the clinic. The only inmates not participating in work activities are those in remand, and those with further charges against them.
12. The delegation was very pleased with the services and facilities reportedly provided to personnel. These included ten houses on the premises, transport for those working night shift, regular training and workshops aimed at improving working relationships. The management identified first-aid, fire-arm and fire-fighting training as challenges.
13. The centre had initially suffered challenges when the Seven-Day Establishment was introduced. It experimented with various shift patterns and has since September 2011 operated on a 7 x 5 pattern, which has proven to be more efficient. The “4-days-on, 4-days-off” system had resulted in many problems. Officials now work for ten days, followed by four days off duty, and this has resulted in a reduction in absenteeism.
2. RECOMMENDATIONS
1. Especially as it is a CoE, the Centre should be able to meet inmates’ basic education needs, and therefore the building of classrooms and the recruitment of Grade 12 educators should be prioritised. The DCS should engage the DBE to ensure that requirements that are impractical for correctional centre schools are renegotiated, so as not to deny inmates the education which is one of the cornerstones of rehabilitation and reintegration.
2. Though the centre reported no major security-related challenges, the semi-operational control room is a major concern, particularly given the cost associated with its installation. The reactivation of the mainframe should be prioritised and a status report should be provided by 30 November 2011.
3. While efforts to keep inmates occupied are applauded, the Centre should ensure that juvenile and adult offenders are separated at all times, even when engaged in work activities.
4. The DCS should ensure that all centre-based staff undergo the necessary first-aid, fire-fighting and fire-arm training. Such training is essential for ensuring that medical and other emergencies are stabilised pending the arrival of the relevant emergency support services.
3. ACKNOWLEDGEMENT
The Committee extends its gratitude to the Tswelopele Correctional Centre and especially its Emergency Security Team, who provided the delegation with transport and ensured their safety for the duration of the visit. The Douglas Correctional Centre management and officials on duty at the time of the visit are also thanked for their co-operation.
Report to be considered.
4. Report of the Portfolio Committee on Correctional Services on its unannounced visit to the Kimberley Correctional Centre on 8 October 2011, dated 26 October 2011
1. INTRODUCTION
11. Ms F Nyanda, Member of the Committee, supported by the Committee Secretary, Ms C Balie visited the Kimberley Correctional Centre (the Centre) on 8 October 2011.
12. The Centre is situated in the Kimberley management area of the DCS’ Northern Cape/Free State region.
13. The delegation visited the female offenders with babies, the unsentenced male juveniles, as well as the hospital and kitchen. As the visit was unannounced, no orientation briefing was prepared by the Centre.
2. OBSERVATIONS
1. The Centre can accommodate 1 500 offenders and, at the time of the visit, housed 935. The women’s centre accommodated 46 sentenced offenders, including two mothers and their babies, and three pregnant women. Its remand detention unit accommodated one female juvenile and six female adult detainees. The male juvenile centre accommodated 48 juvenile and 15 child remand detainees.
2. The Centre has a staff establishment of 301, and, at the time of the visit, 289 of the posts were filled. Though the Seven-Day Establishment (7DE) had initially resulted in staff shortages, the acting Head of the Correctional Centre (HCC) reported that, since abandoning the 2x12 shift system, the Centre is managing well.
3. The male centre’s clinic is situated in Cell 1 and comprises twelve beds, five of which were occupied at the time of the visit. The hospital has only one toilet, one bathroom and one shower. The Centre has six nurses, but the doctor and dentist who service the Centre only visit as the need arises.
4. The delegation was satisfied that the Centre’s kitchen was well-enough equipped to meet inmates’ needs.
5. The interaction with juvenile remand detainees revealed that the longest detention period was nine months, and that at least seven of the overall juvenile remand population has been granted bail of less than R1 000 but that the detainees are unable to raise the required amounts. Though the Centre regularly interacts with the Department of Social Development (DSD), they have so far had limited success in transferring child offenders to secure care centres.
6. Officials reported that the DCS’ sick-leave policy is very open to manipulation and that abuse thereof is rife, leading to high levels of absenteeism.
7. It was claimed that the officials, and not centre management, were in control of the centre. There were reports of ill-discipline, with officials reporting for duty as they please. Though regular meetings where concerns are raised are held, most of the officials have been in the system for a very long time, are resistant to change, and therefore deny claims of poor management. Though complaints are reported to labour unions, these structures are of little assistance.
8. Disturbingly officials reported that those who complained about working conditions and poor management, for example, were victimised. Many feared that offenders might be approached to either frame those who complain, or threaten their well-being.
2. RECOMMENDATIONS
5. The Centre should redouble efforts to ensure that children in conflict with the law are transferred to appropriate DSD-run facilities, diverted or remanded to their families’ care. Where there is no other option and such children have to be incarcerated, they should be separated from juvenile and adult offenders at all times.
6. Greater use should be made of legislative and other provisions that could assist in reducing the remand population. Though the Centre was not overcrowded, everything should be done to ensure that only those who absolutely have to be, are remanded in detention.
7. The complaints and concerns raised by staff are of serious concern. Lack of, or poor, management results in ill-discipline and low productivity generally, and in a security institution poses a major security risk. The DCS should investigate the claims made, and intervene where necessary to ensure that the situation is remedied. A status report should be submitted by 30 November 2011.
3. ACKNOWLEDGEMENT
The Committee extends its gratitude to the Tswelopele Correctional Centre and especially its Emergency Security Team, who provided the delegation with transport and ensured their safety for the duration of the visit. The Kimberley Correctional Centre management and officials on duty at the time of the visit are also thanked for their co-operation.
Report to be considered.
5. Report of the Portfolio Committee on Correctional Services on its attendance of the official opening of the Tswelopele Correctional Centre on 7 October 2011, dated 26 October 2011
INTRODUCTION
1. The Ministry of Correctional Services invited the Portfolio Committee on Correctional Services to its official opening of the Tswelopele Correctional Centre in Kimberley on 7 October 2011.
2. The Portfolio Committee on Correctional Services’ delegation comprised the following Members of Parliament and support staff: Ms W Ngwenya (ANC), Ms F Nyanda (ANC), Ms M Phaliso (ANC), Mr S Abram (ANC), Mr J Selfe (DA) and Ms C Balie (Committee Secretary).
2. BACKGROUND
1. 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 2005 White Paper on Corrections (White Paper).
2. Central to the success of these strategies is unit management, which requires the division of a correctional centre into small manageable units, thus ensuring adequate 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 is humane. In line with the objectives of the White Paper, the Tswelopele Correctional Centre was designed to make unit management possible.
3. Construction of the Tswelopele Correctional Centre (formerly referred to as the New Kimberley Correctional Centre) commenced in November 2006 and was plagued by numerous delays ascribed to, amongst others, shortage of steel, labour unrest, inclement weather, and mistakes related to the fact that the construction was a pilot project and that, therefore, there were no past experiences to draw on. The Centre finally started admitting offenders on 11 January 2010, and was officially handed over on 16 February 2010. It can accommodate 3 000 male medium- security offenders, serving sentences of 5 to 40 years, and has a 425-member staff establishment.
4. 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 facilities happen via a central “street”, which is closely monitored from the centre’s top-of-the-range security control room.
5. Though just over 18 months have passed since it first started admitting offenders, the centre has been confronted by a number of difficulties, including major maintenance challenges related to poor workmanship and poor management, and a hostage drama which ended in a unit being set alight. These have been commented on extensively in previous reports.
3. OFFICIAL OPENING
3.1 The opening ceremony included congratulatory speeches by the Premier of the Northern Cape, the Executive Mayor of the Sol Plaatjie Municipality, as well as the Minister of Public Works, and musical items from the Kroonstad Mixed Choir, Kimberley Offender Choir and the New Kimberley Offender Band.
3.2 The keynote address was delivered by the Deputy Minister of Correctional Services and focused very much on the importance of rehabilitation and reintegration, as well as on corrections as a societal responsibility.
3.3 Like the Deputy Minister, the Committee recognises the importance of formal education in the reintegration process. The Department of Correctional Services’ intention to negotiate with the Department of Public Service and Administration so that educators teaching in correctional centers are remunerated commensurate with their qualifications, is welcomed and encouraged.
4. CONCLUSION
4.1 The Committee remains committed to assisting the entirely state-owned Tswelopele Correctional Centre, with its promise of the successful rehabilitation of offending behaviour and reintegration of offenders. It is hoped that it will become the embodiment of the objectives contained in the White Paper, and a blueprint for the construction of future, and the renovation of existing correctional centres.
5. ACKNOWLEDGEMENT
5.1 The Committee extends its gratitude to the Tswelopele Correctional Centre and especially its Emergency Security Team, who provided the delegation with transport and ensured their safety, for the duration of their visit to Kimberley.
Reported to be noted
6. Report of the Portfolio Committee on Women, Children, Youth and People with Disabilities on the oversight visit to the Rosendaal High School, Delft Police Station and Delft Community Health Care Centre, Western Cape Province, dated 26 October 2011
1. Introduction
The Portfolio Committee on Women, Children, Youth and People with Disabilities took a decision to visit Rosendaal High School, Delft Police Station and Delft Community Health Care Centre on the 11 August 2011. The oversight theme of the Portfolio Committee on Women, Children, Youth and People with Disabilities for 2011 is education and skills development. Issues relating to teenage pregnancy fall within the committee’s mandate. Sexual harassment and violence in schools, as well as substance abuse are issues that require attention. The visit to the Rosendaal High School was also extended to the Delft Community Health Care Centre and the Delft Police Station to determine how health care professionals were rendering support to the teenage learners at the Rosendaal High School and ascertain what the relationship between the school, the health facility and the police station was in that regard.
Members of the Portfolio Committee on Basic Education formed part of the delegation.
2. Objectives
The objectives of the visit were:
• To look at the implementation of programmes to deal with teenage pregnancy and substance abuse; and
• To look at the implementation of the sexual harassment and teenage pregnancy policies of the Department of Basic education.
3. Delegation
The delegation comprised the following:
Portfolio Committee on Women, Children, Youth and People with Disabilities
Ms DM Ramodibe (chairperson, leader of the delegation)
Ms MF Tlake (ANC)
Ms M Nxumalo (ANC)
Ms P Petersen – Maduna (ANC)
Ms PC Duncan (DA)
Portfolio Committee on Basic Education
Ms H Malgas (ANC)
Ms FF Mushwana (ANC)
Ms N Gina (ANC)
Mr D Smiles (DA)
Apologies were received from Ms B Blaai (COPE) and Ms D Robinson (DA) who could not attend the visit.
The delegation was accompanied by the following Parliamentary officials:
Ms N Nobatana, Committee Secretary, Ms K Abrahams (Researcher), Ms C Levendale (Researcher), Mr L Brown (Committee Secretary) and Ms X Mnyute (Committee Assistant).
The delegation met with the following persons:
Rosendaal High School
Ms M Buis, Safe School Consultant, Provincial Department of Education, Western Cape
Ms O Rustine, School Social Worker, Metro Northern Education
Ms N Gitwa, School Psychology, Metro North Education District
Mr R Larney, Provincial Department of Basic Education, Western Cape Province
Mr H Brandt, District Director: Northern Suburbs, Department of Basic Education
Mr Laubscher, Metro North Education District, Provincial Department of Basic Education
Mr D Kluka, School Principal, Rosendaal High School
Delft Community Health Centre
Mr D Fourie, Metro District Health Service: Tygerberg/Northern Sub-structure
Mr P Jaftha, Tygerberg/Northern Sub-structure, Programmes Manager
Mr A Pajientina, Deputy Director, Department of Primary Health
Mr M Horne, Acting Facility Manager, Delft Community Health Centre
South African Police Service (SAPS) – Delft Police Station
Mr B Daniels, Warrant Officer, SAPS
Brigadier Jansen, Station Commander, SAPS
Brigadier Adonis, Cluster Commander, SAPS
4. Meeting with the Rosendaal High School, Delft Community Health Care Centre and Delft Police Station
4.1 Meeting at the Rosendaal High School
The District Director, Mr Brandt informed the committee that the district was committed to guiding and supporting the school and learners insofar as life skills were concerned and had supportive and preventative programmes for learners. The department was clear on policies that should be implemented and had included other stakeholders such as the community to support learners in schools. In the financial year 2010/11, teenage pregnancy had been a problem in schools in the area. The district had held a conference on teenage pregnancies which covered topics such as choices to be made by learners and policies on teenage pregnancy. The district also had posters which were distributed to schools and were also linked to substance abuse.
From June 2010 – June 2011, the school had a high rate of teenage pregnancies. In October 2010, the school held a seminar on teenage pregnancy where parents and learners were invited to discuss the issue. The school also implemented policies as stipulated by the Provincial Department of Education until the learners returned to school. It also provided learner support in terms of academic requirements as per the policies of the department.
The learners who fell pregnant ranged from 12 – 15 years. In the financial year 2010-11, the school recorded 7 pregnancies and 15 were recorded for financial 2011-12. That indicated a 100% increase in teenage pregnancies in the school. There was a high rate of learners who were opting for termination of pregnancy (TOP), which in itself was a traumatic experience for many of them.
There was only one social worker and one psychologist for the 30 schools within the Metro-North District.
The school had a working relationship with Lovelife and the Delft Police Station with regard to programmes aimed at combating substance abuse, violence in schools and preventing teenage pregnancy. Lovelife had programmes aimed at decreasing domestic violence, substance abuse, teenage pregnancy and HIV/AIDS. They held workshops with learners on reproductive programmes, life skills and communication skills.
The school faced huge problems with regards to substance abuse at the school. Within the community drugs were sold to learners as young as 8 years old. That was as a result of the socio economic conditions of the Delft area i.e. high unemployment rate and poverty. Learners had easy access to drugs and other illicit substances. In dealing with the situation, the school worked with non-governmental organizations and the Department of Police who assisted with searching for illegal substances within the premises of the school. The educators would also report the issue of substance abuse to police officials and community police forums. The school was in the process of establishing a sports club as a means of diverting learners from engaging in drug abuse.
4.2 Meeting at the Delft Community Health Care Centre
The delegation was informed that the clinic was built in 1997 and operated on a 24 hour basis. It was focused on providing primary health care services. The services offered included Adult Curative Care, Paediatric, and Child Health Care, Women’s Health, ARV and Rehabilitation Services, Disability Grant Assessment, Nutrition Services, Trauma and Emergency Care, Chronic Care Services and Community Based Services. The Adult Curative and Paediatric Child Health Preventative and curative services included services such as immunisation, IMCI and school health. The Women’s Health services offered services such as antenatal care, reproductive health care and cervical cancer screenings. The ARV and Rehabilitative Services offered services such as physiotherapy, occupational therapy and orthopaedic nursing services. The chronic care services included services such as diseases of lifestyle i.e. high blood pressure, diabetes, etc, and mental health services. The community based care services offered services such as the integrated home based care, a day care centre for intellectual disability and HCT Lay Counsellors. The centre had one doctor who was responsible for doing assessments for the disability grant. The doctor assisted almost 30 clients per week and assessed 480 clients per month. The centre had 123 staff and almost 98% of posts had been filled.
In terms of teenage pregnancy, the clinic did not have statistics on the number of women under the age of 18 who were pregnant, but there was an 8% teenage pregnancy rate at the district level. In addition, approximately 6% of pregnant women were HIV-positive within the sub –district. With regards to termination of pregnancy, the clinic did not offer the procedure but referred women to Karl Bremmer Hospital as it was the only termination of pregnancy site within the sub-district. However, the number of referrals from the Delft Community Health Care Centre for termination of pregnancy procedures was increasing.
There was an infant mortality rate of approximately 4%. That was caused by different reasons such as drug abuse, malnutrition due to the poor socio-economic conditions of the area, diarrhea, pneumonia, pregnant women who did not attend antenatal clinics and booking late at hospital for delivery.
In terms of outreach programmes, the centre had programmes on a quarterly basis. The first quarter focused on child services to ensure that children were immunised, while the second quarter focused on HIV/AIDS programmes. The third quarter focused on addressing chronic diseases and the last quarter focused on sexually transmitted diseases.
With regards to the domestic violence cases, the Thuthuzela Care Centre was located at Karl Bremmer Hospital where support for victims of domestic abuse was provided. The centre is available 24 hours on a daily basis.
4.3 Meeting at the Delft Police Station
The presentation was made by the station commander, Brigadier Jansen. The presentation covered the purpose of the presentation, station demographics, schools within the station’s area, learner pregnancies, domestic violence cases reported, substance abuse cases and sexual offences cases reported, interventions made by the police officials, partnerships, and challenges faced by the police station. The purpose of the presentation was to give an overview of crimes against women and children, to highlight the problem of teenage pregnancy, highlight incidents of sexual abuse and rape and highlight the problem of domestic violence. The committee was informed that the station serviced a population of approximately 600 000 people and that the area had a high rate of unemployment. The area had 3 informal areas and 5 new developments and had poor infrastructure. It also serviced 6 high schools and 13 primary schools. In terms of teenage pregnancies, there were 6894 learners in the area, 3696 of them were female learners and 78 learners were reported pregnant since January 2011. Other statistics offered by the police station included:
• 245 cases pertaining to domestic violence were reported from April to August 2011.
• From 1 April to August 2011, 50 cases of rape were reported, and in 42 of these cases, victims were female. Six of the victims were females under the age of 16; six were males under the age of 16 while the remaining victims were adults. In 5 of the reported cases, offenders were under the age of 16.
• 14 of the reported cases related to sexual offences. 13 victims were females under the age of 16, 1 victim was under the age of 16 and 7 victims were adults.
• 884 cases related to substance abuse were reported. In 73 of these cases, the offenders were females and 17 of them were under the age of 16.
In terms of interventions, the SAPS had formed partnerships with the Community Police Forums, schools, non-governmental organizations and other government departments in dealing with teenage pregnancies. The police officials complied with the Domestic Violence Act and other National Instructions when dealing with cases of domestic violence. The Family, Violence and Child Protection Units had been established to deal with cases related to rape and sexual offences especially where victims were children. A victim empowerment facility had been established and was managed by the Community Police Forum and the police officials designated to deal with rape and sexual offences cases.
Awareness campaigns on substance abuse had been held in collaboration with the Community Police Forum, neighborhood watch and community partners and social crime prevention projects were held at all schools in the area. The police station also had an anti-gangsterism strategy in collaboration with the Department of Correctional Services at affected schools and offered drug and substance abuse counseling at the premises of the police station.
5. Challenges faced by Rosendaal High School, Delft Police Station and Delft Community Health Care Centre
5.1 Rosendaal High School
The school faced the following challenges:
• Shortage of professional personnel such as social workers, psychologists and school nurses.
• Lack of research on the role of the boy child towards teenage pregnancy.
• A high rate of termination of pregnancy which was often performed without sufficient counseling and left learners traumatised.
• Lack of parental involvement in the activities of the school.
• Struggling to keep learners within school premises until the end of school hours.
• Some educators within the districts did not implement the policies of the provincial department such as reporting learners who were pregnant.
5.2 Delft Police Station
The police station highlighted the following challenges:
• No rehabilitation facilities in the area.
• Limited recreational facilities.
• Lack of youth development organizations.
• Poor socio-economic conditions that prevail in the area such as poverty and a high rate of unemployment.
• Lack of role models in the area.
• Lack of safety at schools.
• The prevalence of gangsterism in the area.
5.3 Delft Community Health Care Centre
The Community Health Care Centre had the following challenges:
• Shortage of school nurses to educate learners on teenage pregnancy.
• Some School Governing Bodies who did not allow programmes on teenage pregnancy making it difficult for the health care centre to educate learners.
• Poor socio-economic conditions such as poverty and unemployment which contributed to infant mortality in the area.
• High rate of termination of pregnancy and the lack of family planning programmes which would assist to reduce the termination of pregnancies.
6. Observations
The delegation made the following observations:
o There was a shortage of professional staff such as social workers, school nurses and psychologists in the area to support learners.
o The poor socio-economic conditions in the area such as poverty and unemployment contributed to the incidence of teenage pregnancy and substance abuse by learners.
o There was a high rate of termination of pregnancy which traumatized learners and no counseling offered to learners.
o Despite challenges faced by the institutions, there was a working relationship between the school, police officials, the non – governmental organizations and the community health care centre to support learners.
7. Conclusion
Having undertaken the oversight visit and made observations, the delegation concluded that:
o There was a need for professional staff in all institutions which would support the learners in ensuring that they had access to quality education.
o Due to the socio-economic conditions such as poverty and unemployment, there was a need for Departments such as Social Development, Health, Labour and Police to work together to uplift the community.
8. Recommendations
The Committee recommends as follows:
o The Departments of Basic Education, Health and Social Development should work together to address challenges faced by the schools and the community.
o The Department of Basic Education should ensure that Sexual Harassment and Teenage Pregnancy Policies are implemented.
o The Department of Basic Education should ensure that parents/communities are involved in the activities of the school.
o Awareness campaigns on teenage pregnancies and substance abuse should be regularly held by the Department of Basic Education.
Report to be considered.
7. Report of the Portfolio Committee on Women, Children, Youth and People with Disabilities on the oversight visit to the KwaZulu-Natal and Eastern Cape Provinces from the 24 – 29 July 2011, dated 26 October 2011
The Portfolio Committee on Women, Children, Youth and People with Disabilities, having undertaken an oversight visit to Eastern Cape and KwaZulu-Natal Provinces, reports as follows:
1. Introduction
The Portfolio Committee on Women, Children, Youth and People with Disabilities undertook an oversight visit to the Eastern Cape and KwaZulu-Natal Provinces from the 24 – 29 July 2011.
2. Background
The Department of Women, Children, Youth and Persons with Disabilities indicated in its strategic plan for 2011 -2012 that it would undertake the following activities:
a. Facilitate financial and non-financial support for women farmers.
b. Facilitate the establishment and capacitating of cooperatives.
c. Facilitate the participation of rural women in the ICT.
d. Facilitate and monitor the involvement of rural women in renewable energy programmes.
e. Coordinate and monitor the Sanitary Dignity Campaign for women and girl children.
f. Participate in advocacy and education campaigns towards decreasing maternal mortality and child deaths.
g. Participate in advocacy and education campaigns towards decreasing birth defects, maternal mortality and child deaths.
h. Facilitate the participation of children in Information and Communication Technology in rural areas and informal settlements.
i. Facilitate the participation of rural people with disabilities in the ICT industry.
The National Youth Development Agency (NYDA) presented its strategic plan for 2011-14 and the Annual Performance Plan (APP) for 2011 -12 to the committee. The APP of the NYDA stipulated training and development as a key performance area that aimed to promote, facilitate and provide training and development opportunities to young people to enhance their socio-economic wellbeing.
Furthermore, the APP of the NYDA stipulated that Key Performance Area 4 was underpinned by 4 objectives, namely:
• To facilitate education opportunities in order to improve access to quality education.
• To facilitate and implement technical, entrepreneurship and life skills training programmes.
• To provide and facilitate capacity building of youth development practitioners.
• To facilitate youth development work as a recognised profession.
In the light of the above mentioned objectives, the committee requested the Department of Women, Children and Persons with Disabilities and the NYDA office to assist with regards to identifying projects in the Alfred Nzo Municipality, Eastern Cape and Pietermaritzburg in KwaZulu-Natal Provinces that related to the fulfilment of the aforementioned objectives. In addition, the NYDA was requested to identify the relevant youth advisory centres in those specific areas the committee could visit as well as interventions that related to women, persons disabilities and youth in rural areas as per the APP.
3. Objectives
The objectives of the visit were as follows:
• To assess children’s access to education with particular interest in children with disabilities i.e. identify challenges and barriers faced by children with regards to access to education.
• To evaluate government initiatives for youth to obtain further education and skills development opportunities.
• To identify opportunities for rural women with regards to further education and skills development.
• To assess whether the Department of Women, Children, Youth and Persons with Disabilities and the National Youth Development Agency were delivering on their stated objectives as per their strategic plans and Annual Performance Plan
4. Delegation
The delegation comprised the following:
Ms D Ramodibe (ANC, leader of the delegation), Ms M Nxumalo (ANC), Ms P Petersen- Maduna (ANC), Ms MF Tlake (ANC), Ms GK Tseke (ANC), Ms PC Duncan (DA), Ms CB Blaai (COPE)and Ms S P Lebenya (IFP). The delegation was accompanied by the following Parliamentary staff: Ms N Nobatana (Committee Secretary), Ms K Abrahams (Committee Researcher) and Mr M Vumazonke (Committee Assistant).
5. Organisations visited
The delegation visited the following organizations during the visit:
Childline (KZN); Association for the Physically Disabled and Disability Forum (APD); Justice and Women, CREATE (KZN); Parent group for children with disabilities (KZN); Thuthuzela Care Centre in Taylor Bequest Hospital in Matatiele, Eastern Cape Province; Maluti Victim Support Centre at Maluti Police Station in Matatiele, Eastern Cape; Nompumelelo Special School, Vukuzenzele school for physical disabled and Zamokuhle School for the blind in Mbizana, Eastern Cape.
6. Meeting in KwaZulu- Natal Province
6.1 Childline
A meeting was held at the Childline head office with members of the organisation and various stakeholders from the disability sector, children’s sector and women’s organisation. The presentation was made by the Ms Van Niekerk on behalf of Childline. Childline raised the following concerns with regards to issues pertaining to children:
• There was an increase in reported crimes against children, particularly rapes and sexual assault. The increase was particularly observed in the Western Cape, KwaZulu-Natal and Gauteng Provinces.
• There was a concern on the death of children and lack of service delivery.
• Poor or no follow up by social workers when a case of child abuse was reported from the Childline crisis and counseling line, particularly from North West (child died because social worker never followed up) and Limpopo Provinces (follow up never made when a father called and the child died due cases related to organ transplant).
• Poor implementation of laws impacted on service delivery. It was noted that in the event that cases of child abuse and sexual assault/rape were reported, a withdrawal statement was signed without the child understanding the implications. Hence, children were turned away by police officers at police stations.
• Duplication of provisions in legislation and waste of resources in terms of child protection and sexual offender registers.
• Lack of resources to implement services for children, particularly as it related to the implementation of the Children’s Act. It had been noted that the allocation within each province was inadequate, particularly the budgets allocated for prevention programmes.
• Lack of training of those who rendered services to children. That contributed to poor service delivery and secondary traumatisation of children. Low literacy levels amongst police officers at front desk resulted in reluctance to complete forms or poor quality of statements. Senior police officials received training but the information was not filtered down to lower level workers.
6.1.1 Recommendations by Childline
Childline made the following recommendations to be considered by the committee. The Committee should:
• Monitor the implementation of children’s legislation.
• Motivate for responsible, ethical, prompt and effective service delivery to children.
• Hold to account those who have failed to deliver services to children.
• Monitor the development and implementation of training programmes for those who work in child protection.
6.2 Deaf South Africa (DeafSA), Association for the Physically Disabled and Disability Forum
The organisation raised the following concerns:
• Poor implementation of laws impacted on service delivery.
• An alarming increase in the number of children with disabilities being locked up and left alone at home.
• Long waiting period for children with disabilities before being placed in centres.
• Lack of appropriate training of staff and capacity to secure facilities and children’s homes to deal with children with disabilities.
• Liaison structures were working at a local level but weak at a provincial level.
• A major challenge was reported as the manner in which funding was allocated i.e. vacancies versus programmes which have implications to implement programmes pertaining to children.
• Negative attitudes of police officials.
• Lack of appropriate screening of children with disabilities for school placement and higher education.
• Lack of school psychologists at schools.
• Lack of appropriate assessments to guide Grade 8 and Grade 12 learners on career choices.
6.2.1 Recommendations by Deaf South Africa (DeafSA), Association for the Physically Disabled and Disability Forum
• Resources should be used to enhance service delivery than indaba’s and commemorative events.
• Urgent need to improve on inter-governmental and departmental collaborations.
6.3 Justice and Women
The organisation raised the following concerns:
• Poor implementation of laws impacted on service delivery. Very poor response rate by police in dealing with sexual violence in rural areas.
• Huge sense of responsibility and burden of care taken on by non-governmental organisations (NGO) i.e. when NGOs refer clients to social workers at the Department of Social Development. Concern raised that those referrals were not taken up by the Department of Social Development and subsequently clients died.
• Traditional leaders who were not trained to implement the Sexual Offences and Related Matters Act and the Children’s Act. That was problematic and had ramifications for women and children living in rural areas.
6.3.1 Recommendations by Justice and Women:
• The Department of Social Development should monitor and evaluate foster care arrangements of orphans to ensure that children were not exploited.
• The Departments of Social Development and Police should be informed of the issues identified and respond to the service providers and Parliament accordingly.
6.4 National Youth Development Agency (NYDA)
6.4.1 Umgugundlovu Further Education and Training College Youth Advisory Centre (FET YAC Point)
The YAC Point was no longer in operation and the visit did not take place.
6.4.2 Pietermaritzburg Mayor’s Chamber
Given that the visit to the Umgugundlovu FET YAC Point did not take place, the intention was to engage with the youth advisory centre at the Pietermaritzburg offices. The meeting was conducted at the Mayor’s chamber, led by the mayor of Pietermaritzburg, officials from the mayor’s office, a branch member of the NYDA and a KwaZulu-Natal NYDA Board member. The meeting with the NYDA officials was overtaken by a presentation by the mayoral committee. A presentation on the special programmes within the Pietermaritzburg municipality in relation to women, youth, children and persons with disabilities was provided. However, the members of the committee were not satisfied with the information provided. They raised the following concerns:
• The overall details provided were very scant.
• Lack of a database and disaggregated data of who the beneficiaries were that benefited from the special programmes made it difficult to ascertain effectiveness of initiatives described.
• It was unclear as to where the micro-financing came from to support small, medium and micro enterprises or how the municipality was accounting for the money.
• The Mayoral official mentioned that initially funding was received from Umsobomvu Youth Fund (R440 000) and thereafter from the NYDA. It was unclear as to how these funds were being utilized.
• The activities referred to under the special programmes were more events driven.
It emerged that the municipality was under the administration of the Minister of Cooperative Governance and Traditional Affairs. A decision was taken by the committee that no further discussion would be held with the Mayoral delegation. The NYDA members provided no input during or after the presentation by the Mayoral team.
6.5 CBR Education and Training for Empowerment in Pietermaritzburg (CREATE)
The organisation raised the following concerns:
• Poor implementation of laws that impacts on service delivery.
• Lack of knowledge about disability rights and United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) by traditional leaders, amaKhosi and government officials.
• Negative attitudes towards people with disabilities in rural areas.
• Disability issues which were viewed as a social welfare issue were a concern.
• Poor attendance by officials in the Premier’s office at the disability workshop.
• Funding constraints limit the organisation from having workshops in other provinces. The organisation was unsuccessful in terms of accessing Government funding.
• Cases of abuse were reported by CREATE officials to police but follow up by the police was unclear.
• Volatile political climate within certain municipalities had hindered access for CREATE to conduct disability workshops as they were not considered to be politicians.
• The saliva of children with children being used for muti purposes. Children were injured in the process as they developed mouth ulcers.
• Widows who were HIV positive were raping young boys with intellectual disabilities believing that the myth that having sexual intercourse (without condoms) with young boys would take away the women’s “bad luck” also known as “isinyama”.
6.5.1 Other developments by CREATE
CREATE had done the following:
• Developed a manual on the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) in isiZulu and a child friendly version of the Convention.
• Conducted workshops on raising awareness on the Convention and its implementation. These workshop were conducted in KwaZulu-Natal (11 districts), Gauteng and Mpumlanga Provinces as well as Namibia and Botswana.
• The KwaZulu-Natal Premier’s Office received funding from the Human Rights Foundation and partnered with CREATE to conduct capacity building and awareness raising workshop.
• Assisted group of persons with disabilities (from 18 – 41 years) to vote in national and local government elections for the first time as they were not aware of this right.
6.6 Meeting with mothers of disabled children in Mooi River, Pietermaritzburg
6.6.1 Concerns raised at the meeting
• Lack of access to education for children with disabilities was a major impediment. Very few special schools in the rural areas to accommodate children with severe disabilities. For disabled children who were assessed for placement, the waiting lists were very long and therefore children’s rights to education were infringed.
• Concern was raised about children with severe disabilities who were neglected and maltreated at a secure care facility (Howick Centre) e.g. a parent relayed a story about a son with severe disability who was living at a secure care facility and on a visit the mother discovered that the child had sustained an injury on his head and it also appeared that patients were consuming faeces. The mother reported the matter to officials of the care facility and was told that there was no evidence to support the issue and nothing came of the matter.
6.6.2 Recommendations
The following were recommended:
• Assistance with accessing grants for their children.
• An investigation should be held into the allegations of abuse at a care facility for children with disabilities.
• Awareness raising in community and government officials should be held on disability.
7. Eastern Cape Province
7.1 Meeting with the National Youth Development Agency (NYDA)
The executive chairperson of the NYDA, Mr Matiti met briefly with the committee and explained that the proposed visit was cancelled on account of snow and road closure. However, the NYDA did not provide any alternative for viewing other projects in the area and merely focussed on one project, a National Youth Service and Expanded Public Works Programme (EPWP) initiative with a local municipality in Matatiele. The attitude displayed by the NYDA official was unbecoming and disrespectful. It was revealed to the committee during oversight, the project the NYDA official had referred to was in fact run solely by the municipality and the EPWP hence bringing into the question the role of the NYDA in terms of delivery and partnership in this regard.
7.2 Taylor Bequest Hospital, Matatiele
The committee met with officials at the Taylor Bequest Hospital. The officials raised the following issues:
• 62 domestic violence cases were treated at the emergency room including children and women since January 2011.
• There were no shelters for abused women that health care professionals at the hospital could refer patients to in the area. The existing shelter accommodated only children.
• There was a shortage of professional nursing staff at the hospital and adequate infrastructure e.g. (boardrooms, or staff rooms), Only 2 social workers were available from Monday to Fridays during office hours.
• Maternal deaths were largely attributed to HIV/AIDS and related causes. The causes of infant mortality were HIV/AIDS related.
• Pregnancies under 18 years were very high in the area. Anecdotal evidence suggested that pregnancies under 18 years were related to girls who resided in hostels at boarding schools.
• Out of termination of pregnancies of an average of 50 -65 patients, only 10 actually proceeded, the rest were referred, never returned or declined.
7.3 Maluti Police Station and Thuthuzela Care Centre
The committee met with the officials from the police station and Thuthuzela Care Centre. The following issues were raised:
• There were no vehicles to transport victims of domestic violence, abuse and rape as these did not fall within the police’ mandate to render such service. An ambulance would be sent to collect the victim. Also, the distance between the police station and the Taylor Bequest Hospital was very far.
• A concern was raised that not all doctors completed the J88 forms as required by police officials.
• There were no shelters for abused women in the area and victims of domestic violence sought refuge from family members or returned home.
• There was a high rate of withdrawals of cases with regards to rape of young girls due to family pressure. In addition, there was insufficient evidence attributed to girls that were raped who washed themselves before forensic evidence could be obtained.
• Late reporting of rape was common in the area e.g. the family would request monetary compensation from the perpetrator who was often a family member or someone known so as not to report the matter but when money was not forthcoming, the incident would be reported to the police. The same applied to assault charges in terms of domestic violence.
• There was also a need for more social workers in the Centre.
7.3.1 Crime statistics
The committee was shown records of crime statistics for the period Jan – June 2011 in the area.
| |Rape |Domestic Violence |
|Jan |6 |5 |
|February |2 |8 |
|March |7 |4 |
|April |10 |6 |
|May |7 |0 |
|June |7 |0 |
7.4 Special Schools in Mbizana
Three special schools were visited by the committee namely, Nompumelelo, Vukuzenzele and Zamokuhle. Two of the schools were located on the same premises with a hostel for children with intellectual and physical disabilities and the third school was for children who were blind or visually impairments.
The committee met with the School Management Teams, School Governing Bodies and Districts Based Support Teams in all schools. The following issues were raised in all schools:
• Major overcrowding in hostels e.g. at Nompumelelo School, the hostel was built for 150 learners but presently accommodated 253 learners.
• Removal of sewerage was a major problem and bares significant cost to the school for which the local municipality had not been forthcoming and helpful. Change in leadership in so far as the local councillor was concerned had led to a breakdown of communication in resolving the school’s sewerage problem as well as access to roads leading to schools e.g. potholes leading to schools were very dangerous
• Shortage of staff had serious implications for the care of children at hostels at night. Abuse of younger children by older children was raised as a concern.
• Moratorium placed on vacancies by the Department of Basic Education was also raised e.g. the death of support staff (teacher assistants) had direct impact on teaching for children with disabilities who required additional support and assistance.
• The current subsidy received from the Department of Basic Education only covered part of the cost per learner e.g. Nompumelelo School indicated that the current subsidy covered only 66% of the total cost. Despite being a no fee school, the school had to raise funds to cover food, toiletries, incontinence pads, transport to commute learners to health care facilities and sporting events. The Department of Basic Education did not subsidise sport activities, so the parents had to be responsible for securing the funds to commute learners to sporting events.
• There was no relationship with the Department of Women, Children and Persons with Disabilities. The schools were unaware of the Department’s initiatives to conduct audit of special schools.
• Schools were in need of a range of multi –disciplinary professionals such as school nurses, psychologists, social workers, occupational therapists and speech therapists. There was also poor retention strategies as staff left because of low remuneration
• There were very long lists to get children with disabilities accepted into schools. Also, many children with profound disabilities did not get accepted at the schools based on the admission criteria, yet there were no alternatives for those children. Educators had to take major strain for not being able to accommodate children with disabilities.
• There were no post-school institutions such as Further Education and Training Colleges (FET) that would accommodate older learners with intellectual disabilities and moderate to severe disabilities.
• Teacher assistants were reluctant to help children with disabilities to change incontinence pads.
• Government officials were not allowed to collect the disability or care dependency grants of learners. Termination of disability grants was common as these were issues for a temporary period which meant that a reapplication every year and the response took very long. Access to grants for learners was problematic, which was a challenge experienced in relation to officials at SASSA.
• Teachers expressed concern about learners’ wellbeing when they returned home as reports of abuse and neglect had been brought to their attention.
• Severity of learner illness e.g. severe epilepsy affected school attendance. Monitoring of learner health was compromised as there was no school nurse.
• Special schools were considered resource schools and yet there were no resources to support such initiatives.
• Negative attitudes and stigma towards children with disabilities had been experienced e.g. a case related to the death of a child with disability at a hostel who was an orphan and the principal of the school was unable to secure funds or assistance from the Mayor’s Office for the funeral.
• Foster parents often abused foster care grants and children with disabilities did not benefit and were neglected.
7.4.1 Recommendations
The schools made the following recommendations:
• There was a need for special care centres skills development initiatives to accommodate youth with disabilities after leaving special schools.
• There was urgent need to establish sheltered or protective workshops for youth with disabilities in the area.
• The care centres for children with profound disabilities and children who could not be accommodated at special schools should be established.
• The adult based education centre that would accommodate youth with disabilities should be established.
• A need for multi–disciplinary professionals should be part of assessment of learners into schools and as part of school staff.
• The Grade R classes should be established to accommodate children with disabilities.
8. Observations
Having interacted with stakeholders, the committee made the following observations:
8.1 Department for Women, Children and Persons with Disabilities
In terms of the objectives outlined in the Department’s strategic plan for 2011 -14 and activities noted in the Annual Performance Plan for 2011-12, the following observations have been made during the oversight visits in the Eastern Cape and KwaZulu-Natal Provinces. The Department is supposed to:
a. Facilitate financial and non-financial support for women farmers.
b. Facilitate the establishment and capacitating of cooperatives.
c. Facilitate the participation of rural women in ICT.
d. Facilitate and monitor the involvement of rural women in renewable energy programmes.
The Committee observed that there were no activities by the Department in relation to the aforementioned activities in the provinces visited. It was of major concern that given that the visits took place in the poorest districts in the country, there was an absence of programmes, visibility and awareness of the Department by not only the community members but also government officials.
e. Coordinate and monitor the Sanitary Dignity Campaign for women and girl children.
Based on the information provided to the Committee regarding the sanitary dignity campaign, the feasibility, effectiveness and sustainability of such an initiative was reinforced. It brought to question whether the Department was fulfilling its mandate by undertaking such an initiative.
f. Participate in advocacy and education campaigns towards decreasing maternal mortality and child deaths.
g. Participate in advocacy and education campaigns towards decreasing birth defects, maternal mortality and child deaths.
The Committee observed that there was no evidence in the Eastern Cape Province in the areas visited that suggested that the Department was fulfilling the aforementioned objective.
h. Facilitate the participation of children in Information and Communication Technology in rural areas and informal settlements.
The Committee observed that there was no evidence in the Provinces visited to indicate that the Department was fulfilling the aforementioned objective.
i. Facilitate the participation of rural people with disabilities in the ICT industry.
The Committee observed that there was no evidence in the Provinces visited to indicate that the Department was fulfilling the aforementioned objective.
8.2 NYDA
According to the NYDA’s strategic plan for 2011 -14 and Annual Performance Plan 2011-2012, in terms of training and development the key performance area stipulated that it aimed to promote, facilitate and provide training and development opportunities to young people to enhance their socio-economic wellbeing.
Furthermore, the APP stipulated that KPA 4 was underpinned by 4 objectives, namely:
• To facilitate education opportunities in order to improve access to quality education.
• To facilitate and implement technical, entrepreneurship and life skills training programmes.
• To provide and facilitate capacity building of youth development practitioners.
• To facilitate youth development work as a recognised profession.
The Committee observed that there were no activities or programmes in the provinces visited that would suggest that the NYDA was fulfilling the aforementioned objectives. The awareness of the NYDA by the community and government officials was minimal to non-existent.
• The committee also observed that the NYDA could not account as to what exactly the projects entailed and what the role of the Agency was.
• The relationship between the national office and the provincial office was weak and the national office of the NYDA had no idea as to what exactly the programmes and projects entailed in the Eastern Cape Province.
• The committee visited one of the poorest districts in the country with no evidence of what the NYDA was implementing in terms of programmes and projects, which was alarming.
9. Conclusion
Having met with the relevant stakeholders and made observations, the committee concluded that there was a need to share the report with the affected Departments.
10. Recommendations
Having interacted with stakeholders and made observations, the committee recommends as follows:
10.1 Department of Women, Children and Persons with Disabilities
The Department should be made aware of the issues noted in each province and what the relevance was in relation to its stated mandate and strategic objectives.
10.2 Department of Social Development
The Department should be made aware of the following concerns:
• A need for more social workers in rural areas.
• Stringent monitoring and evaluation of social worker case loads.
• Improve case management.
• Investigations into allegations of abuse and death noted by service providers and community members.
10.3 Department of Basic Education
The Department should be made aware of the following concerns:
• Negative implications of the moratorium of educator posts in the Eastern Cape Province.
• Poor living conditions of learners with disabilities in hostels in terms of overcrowding.
• Lack of multi-disciplinary professionals.
• Lack of basic infrastructure and basic services.
• Lack of teacher support.
• Lack of schools for children with profound disabilities.
• Ineffective implementation of White Paper 6 on Inclusive Education.
10.4 Department of Health
The Department should be made aware of the following concerns:
• High maternal deaths and infant mortality.
• High numbers of teenage pregnancies points to a need for improving sexual reproductive health care and family planning programmes.
• Significant number of women who were not followed up after consultation on termination of pregnancy.
• Lack of professional nurses.
• Need for specialist professionals to deal with psycho-social rehabilitation.
10.5 Department of Police
The Department should be made aware that there was a lack of vehicles for transporting victims of abuse and domestic violence.
10.6 Department of Co-operative Governance and Traditional Affairs
The Department should be made aware that there was a lack of collaboration with Department for Basic Education.
10.7 National Youth Development Agency
The Minister in the Presidency: Performance Monitoring and Evaluation, Minister Chabane should be made aware of the following concerns:
• Attitudes of the Eastern Cape NYDA official towards the members of the committee were unacceptable.
• Absence of the NYDA programmes and projects within the province.
• Lack of monitoring and evaluation of projects within the province by the NYDA.
• The NYDA should give a report of what it was doing within the province in terms of programmes and projects.
Report to be considered.
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