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PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA www.parliament.gov.za parliamentofrsa 2 Committee considers new legislation to help end gender-based violence South Africa’s plans to address the problem of gender-based violence (GBV) received a boost with the arrival of three pieces of legislation in the National Assembly (NA) recently, writes Rajaa Azzakani.
The three are the Sexual Offences and Related Matters Amendment Bill, the Criminal and Related Matters Amendment Bill and the Domestic Violence Amendment Bill.

The NA has referred the Bills to the imminent sexual harm.
It to optimise collaboration amendments aim to address further aims to extend the between departments in several shortcomings in the ambit of the offence of incest order to streamline the Act, especially in relation to so as to provide additional provision of services within the release on bail by the protection to children, as well existing mandates.
It also South African Police Service as extending the reporting makes provision for a secure or a public prosecutor before duty of persons who suspect online application for a the person’s first appearance that sexual offences have protection order.

before a court.

Portfolio Committee on Justice been or are being committed and Correctional Services for against children.

consideration and further processing.
The committee heard that the Bills originate from the President’s commitment to fighting gender-based- As for the National Register for Sex Offenders (NRSO), the committee heard that the proposed amendments in the Bill aim to expand the scope of the NRSO to include violence and femicide (GBVF), the particulars of all sex The committee heard that the Criminal and Related Matters Amendment Bill makes provision for evidence through intermediaries as it is seen as an effective procedure to protect witnesses or which has reached endemic proportions in South Africa.
offenders, and not only sex complainants against offenders against children and victimisation during Outlining the process, the persons who are mentally disabled.

It also aims to Acting Committee Chairperson expand its ambit to include Mr Qubudile Dyantyi assured the committee that the Bills will be published for public comment, which will be other vulnerable persons, namely, female persons between the ages of 18 and 25; persons with physical, followed by public hearings.
intellectual or mental “We urged the department disabilities; and persons 60 to build the relevant capacity in anticipation of the implementation of the years of age or older who, for example, receive community- based care and support legislation,” said Mr Dyantyi.

services, as well as increase The Sexual Offences and Related Matters Amendment the periods for which a sex offender’s particulars must remain on the NRSO before Bill introduces, among other they can be removed.
things, a new offence of sexual intimidation to protect persons from threats of The Domestic Violence Amendment Bill seeks court proceedings.

It also provides for the use of audio-visual links, which ensures the availability of witnesses, both inside or outside the country, in court proceedings.
The Bill further seeks to include evidence in the form of demonstrations, gestures or any other form of non- verbal expression in respect of a witness who suffers from a condition which inhibits the ability of that witness to give his or her evidence orally.
In relation to bail in GBV matters, the proposed INSESSION NEWS MUNICIPALITY CHALLENGES 3 Thaba Chweu municipality strangling small businesses attract investment into the a stabilisation of both political town, which will lead to and administrative leadership increased job opportunities,” that will hopefully drive the Mr Dodovu said.

initiative to improve the fortunes of the municipality.
The committee also called The committee has urged the for the Mpumalanga provincial executive, together Provincial Government to with the South African Local assist the municipality with Government Association, to infrastructure development, institutionalise support to the especially social infrastructure.

municipality, as obliged by The committee concluded section 154 of the Constitution.
that the R43.8 million Municipal Infrastructure Grant is not adequate to make a meaningful dent in the Businesses that trade all contractual obligations municipality’s infrastructure with and render services and pay all money owing, challenges.

to the Thaba Chweu Local including intergovernmental Municipality are being claims, within the strangled by the inability prescribed or agreed period.
of the municipality to pay Furthermore, the National Despite these challenges, the committee welcomes the announcement and for services rendered.

Treasury’s Regulation assurances that there has been The committee will expect periodic reports on the work being done to improve the functioning of the municipality.
The Select Committee on 8.2.3 provides that “unless Cooperative Governance and determined otherwise in a Traditional Affairs, Water contract or other agreement, and Sanitation was informed all payments due to creditors during its oversight visit to must be settled within 30 the municipality recently that days from receipt of an cash flow remains a huge invoice”.

IT IS COMPLETELY UNACCEPTABLE THAT IT TAKES THE MUNICIPALITY AN AVERAGE OF 797 DAYS TO PAY ITS CREDITORS.
- Mr China Dodovu challenge that impacts on The committee also raised progress in improving the serious concerns regarding the fortunes of the municipality, municipality’s escalating debt writes Malatswa Molepo.

to Eskom.

The debt is currently R807 million and rising.

The “It is completely unacceptable municipality informed the that it takes the municipality committee that payments an average of 797 days to pay towards this debt make little its creditors.
This trend will kill the ability of small businesses difference, due to the “high” interest rates levied by Eskom to operate, leading to some on this debt.

The consequence of them closing down, and an of this debt is the intermittent increase in the unemployment disruption of electricity to rate in the municipality,” the area, which impacts said Mr China Dodovu, the negatively on everyone.
Select Commitee urges municipality to cooperate with Private Sector Development Opportunity “In recent years, the government has wit- nessed the fast deterioration of some of its most important assets required to improve the quality of life of the people.” Chairperson of the committee.

A proposed public/private the part of the municipality.
The delayed payment of The state of roads into the town was also raised as partnership initiative worth R10 billion between This is delaying development creditors is a direct breach a serious concern by the the Govan Mbeki Local initiatives with the of Section 38(1)(f) of the committee.
“The state of the Municipality and the potential to create jobs Public Finance Management R36, with potholes big enough International Diverse Act (PFMA), which requires accounting officers to settle to be mini-dams, will impact the municipality’s ability to Innovative Solutions is being delayed by stalling on and infrastructure in the municipality, writes Malatswa Molepo.
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EDITORIAL ENQUIRIES Telephone 021 403 8738 Fax 021 403 8096 E-mail insession@parliament.gov.za Subscriptions jzils@parliament.gov.za Post PO Box 15, Cape Town, 8000 OUR IDEALS Vision An activist and responsive people’s Parliament that improves the quality of life of South Africans and ensures enduring equality in our society.
Strategic Objectives Strengthening oversight and accountability; enhancing public involvement; deepening engagement in international fora; strengthening cooperative government; strengthening legislative capacity.
BOOK A TOUR To tour Parliament Telephone 021 403 2266 E-mail tours@parliament.gov.za 4 The Select Committee on Ramaphosa called for an the unemployment rate in said Mr China Dodovu, the partners should urgently Cooperative Governance and increase in investment the Govan Mbeki Municipality Chairperson of the Select meet, with the assistance of Traditional Affairs, Water in social infrastructure, is currently at 25.5%, with Committee on Cooperative the provincial government, and Sanitation and Human saying: “In recent years, the women unemployment Governance and Traditional to find ways to leverage Settlements was informed government has witnessed standing at 30.5%, and youth Affairs, Water and Sanitation the opportunities presented that the municipality has been the fast deterioration of some unemployment at 52.9%.
and Human Settlements.

by this public/private slow to support the initiative, of its most important assets partnership, especially in despite the limited risk to the required to improve the The committee questioned The committee has relation to the development municipality and support from quality of life of the people.

the delays in moving ahead recommended that the of social infrastructure.

the National Treasury.


The with an initiative that was municipality and the private committee was visiting the There has been a huge first proposed in 2014 in light municipality to assess socio- neglect as well in this regard of the positive benefits, both economic development in the and a rapid deterioration in terms of development and municipality.

of municipal infrastructure.

employment opportunities for Multilateral development the people of the area.
“There The administrative delays banks, development finance should be an excitement fly in the face of repeated institutions, and the private about an initiative worth R10 calls from President Mr sector all have a critical billion, but there seems to Cyril Ramaphosa for the role in the financing and be stumbling blocks to this private sector to join with implementation of this development.
We remain of government to develop investment in coming years.” the view that if all legislative social infrastructure.
In his processes are adhered to, February 2020 State of the According to the South African then the initiative should be Nation Address, President Local Government Association, welcomed and implemented,” Committees - Beitbridge border fence is not fit for purpose A joint oversight visit by the Portfolio Committee on Public Works and Infrastructure, the Portfolio Committee on Home Affair, and the Standing Committee on Public Accounts (Scopa) has found that the recently constructed Beitbridge bor- der fence between Zimbabwe and South Africa is tantamount to fruitless expenditure, as the fence is not fit for purpose, writes Malatswa Molepo.
The committees visited the Mr Mkhuleko Hlengwa, the Chairperson of the Portfolio effective consequence border to assess the quality of Chairperson of Scopa.

Committee on Public Works management occurs and that the construction of the fence.

and Infrastructure.

the state recovers its losses.


From afar, the shiny fence is The fence, which was procured impressive, but a closer look as part of the intervention to An issue of concern for the reveals the true extent of the fight the spread of Covid-19 committees remained the substandard work.

Someone has been cut in over 100 prescriptive directive written using their bare hands would places since its construction by the Minister of Public be able to pass easily through and is not a deterrent against Works.
They are awaiting a the fence.

illegal crossing of the border.

comprehensive report by the The committees also criticised department on the nature, What left the committees the fact that the fence was not circumstances and motivation even more baffled was that constructed to specifications, of the directive.

a fence constructed in 1983 which exacerbated the was in much better condition than its recent companion.

problems with it.
problems with it.

The committees have also called for the Special The committees were Following the visit, the Investigating Unit to initiate unanimous that the fact that committees called for effective a process to recover lost the 37-year-old secondary consequence management resources.

This followed fence decommissioned in against those implicated in information that for the scale 1994, was is a better condition wrongdoing in the project.
and scope of the project, than the five-month-old fence “Regarding the 14 implicated the state could have paid demonstrated the substandard quality of the fence.

officials, the committees were of the firm view that due approximately R17 million less than they did.
process must be followed, The committees have “The most practical and cost- which will hopefully culminate individually and jointly effective measure would in effective consequence committed themselves have been to refurbish the decommissioned fence,” said management,” said Ms Nolitha Ntobongwana, the to increase their focus on the project, to ensure that INSESSION NEWS EQUALITY FOR WOMEN 5 Women in Limpopo make resounding call for real equality “Women in the rural parts of Limpopo are calling for customs and cultures to be subjected to the equality clause of the Constitution.
They also called for the restructuring of traditional institutions in accordance with the principles of equality,” The Women’s Charter review to enable them to participate She also emphasised the offered opportunities and women do not face secondary process, led by the Deputy in traditional institutions of importance of transparency platforms to raise concerns victimisation.
He also called Chairperson of the National decision-making, with equal and openness about where the and possible solutions on for adequate funding for all Council of Provinces (NCOP), representation in traditional leadership has done well and issues concerning women the plans adopted to fight Ms Sylvia Lucas, and the courts.

Deputy Speaker of the National where failed.

and children.
and children.

“Our role as the gender discrimination and that legislature is to ensure that gender equality and sexual Assembly (NA), Mr Lechesa She also referred to the “We need to confront that the resolutions in the charter harassment policies to be Tsenoli, continued in Limpopo Commission on Gender we have not done well and are fully implemented in translated to all languages.
with a high-level session to Equality’s report on the state reject excuses and face up to all spheres of government, reflect on the findings of the of shelters in South Africa.

The the reasons for failed policies, and by doing so we will be In an effort to address the public consultations that have report highlighted deep-rooted failed implementation and affirming the principles of shortage of shelters for victims been held in the province’s five district municipalities, writes Sakhile Mokoena.
systemic challenges, including failed accountability.
In order women empowerment and of abuse in the province, the inadequate funding of for us to develop sound gender equality and further MEC for Social Development Ms institutions providing services strategies, we need to be recognising the prevention Nkakareng Rakgoale told the to institutions rendering clear about successes, but and reduction of gender session that talks are underway During the Women’s services to survivors of abuse, significantly too we need based violence as a catalyst with the Department of Public Parliament of 2019, Parliament which needs to be addressed to identify areas of focus for attaining and environment Works to look at underutilised resolved to convene a review at the highest levels.
that require intervention that is conducive for peace and government buildings and of the Women’s Charter across and improvement.

It is only security,” said the provincial converting them into all districts in the country in The report also found that through such honest process of Speaker.

shelters.
shelters.

order to assess progress made violence against women cases learning from each other that in implementing the provisions are predominantly unreported we can map out a way forward Mr Mbuyiselo Botha, of the 1994 Women’s Charter in the rural areas, “particularly to become a beacon of hope a Commissioner at the for Effective Equality.

due to fear of recrimination for gender equality,” Ms Lucas Commission on Gender Giving an overview of the families have demonstrated by communities, most said.
Equality, advocated for increased resources for the deliberations on the Charter, disinclination to report gender- The Speaker of the Limpopo Thuthuzela care centres for Ms Lucas said women in related violence matters and Provincial Legislature, Ms abused women and children, Limpopo made a resounding opted to resolve them as a Rosemay Molapo, said the as well as the training of police call for substantive equality family”, said Ms Lucas.
provincial review sessions officers on gender so that and for leadership to tackle all forms of discrimination against During the public consultations women.
“They have also on the Women’s Charter demanded the right to work, review, the Financial and equal pay for equal work, Fiscal Commission reported and for the recognition of the weak translation of gender disproportional burdens of care equality commitments into which are placed on women as fiscal commitments, and a result of the gender division that municipal integrated of labour,” she said.
development plans (IDP) She continued: “Women in show very little evidence of the manner in which the IDP the rural parts of Limpopo are planning process and budget calling for customs and cultures office have budgeted for to be subjected to the equality gender mainstreaming.

clause of the Constitution.


They also called for the restructuring Ms Lucas added: “There was of traditional institutions in a strong sense amongst accordance with the principles of equality,” the NCOP Deputy participants that the idea of gender equality is thus Chairperson said.
increasingly reduced to a vague set of good intentions The women also demanded which are rarely translated that women’s rights be effectively advanced in order into meaningful policy and ideological programmes.” 6 Local Government Week is a platform for all spheres of government to discuss and resolve municipal challenges “We have to renew the emphasis on leadership, oversight and consequence management framework to strengthen accountability.” Mr Parks Tau need for asset and revenue longer viable revenue sources management and adherence for municipalities because to principles of supply chain there is widespread poverty management.” and unemployment, and This does not take away the services.” As a result, many people no longer pay for these According to the Deputy viable expenditure calculations.
need to strengthen oversight municipalities have extreme Minister of Cooperative over municipalities’ activities, cash flow problems, she said.

Governance and Traditional The latter has forced many he said.
“We have to renew Affairs, Mr Parks Tau, Local municipalities to rely on the the emphasis on leadership, She also added her voice on Government Week created a services of consultants “to oversight and consequence the call to review the fiscal platform in which all spheres assist them in executing water management framework to architecture of municipalities, of government could get and sanitation and other critical strengthen accountability.” including equitable share and to grips with the financial service delivery mandate.” In conditional grants, because mismanagement facing his view, this failure means Other solutions involve a “previous arrangements municipalities and to find that municipalities are not review of equitable share are no longer viable and “WE HAVE TO RENEW THE EMPHASIS ON LEADERSHIP, OVERSIGHT AND CONSEQUENCE MANAGEMENT FRAMEWORK TO STRENGTHEN ACCOUNTABILITY.” durable resolutions that would fulfilling their constitutional and conditional grants, and municipalities are now faced enable them to implement mandate.
the need to implement zero with mounting service delivery - MR PARKS TAU the Auditor-General’s audit outcomes, reports Abel Mputing.

budget model.

challenges”.

How do we save municipalities from the brink of total collapse, The President of South he asked.
“This week we African Local Government Mr Tau commended the deliberations that occurred have gained an insight that the multifaceted problems Association (Salga), Ms Thembi Nkadimeng, underlined the throughout the week as municipalities are faced with, need to review the political stimulating, inspirational which need multifaceted governance of municipalities.
and sobering, but which solutions and actions of all role “There should be a new also recognised the urgency players in the three spheres of arrangement regarding the of the need to resolve the governance.” matters at hand.

However, he noted that many of the problems in municipalities One solution proposed is the establishment of budget deployment of councillors if we really want to improve the functioning of municipalities.” are of long standing.
They councils that could “assist in Municipalities face growing include mismanagement, poor addressing municipalities’ challenges and some of the oversight over supply chain failure to implement financial revenue sources they previous management and inefficient planning that is not based on controls and respond to audit outcomes, by reinforcing the relied on are no longer viable.
“Water and electricity are no Ms Thembi Nkadimeng, President of SALGA INSESSION NEWS MUNICIPAL CHALLENGES 2 7 Mr Thamsanqa Dodovu ‘Position municipalities as catalysts for economic development’ Section 139 of the Constitution could not save many municipalities from further collapse, the “results of which continue to have a negative impact on people’s lives and livelihoods of many cities”.

in which the Division of their responsibilities.


To Revenue Bill allocated train and capacitate them funds for municipalities is with necessary skills to based on false assumptions, manage their finances more and is a source of much effectively, to strengthen of the incompetence their internal audits and Participating in the Local requires action from related its Member of the Executive in municipalities.
“As to manage their revenue Government Week debate, municipalities to ensure Committee on Finance, a result of this Bill’s streams in a more efficient the Chairperson of the that we don’t impede Mr Mlungisi Mvoko, said inefficiencies, municipalities manner.
Select Committee on accountability.” they have established a have descended into Cooperative Governance and partnership with Rhodes disillusionment and violent “This intergovernmental Traditional Affairs (CoGTA), Ms Carin Visser said University to ensure that protests.
There’s a need support must not only exist Mr Thamsanqa Dodovu, said the NCOP has failed to municipalities have the to rethink the formulas on paper, it must be turned many lessons have been implement its accountability requisite skills to dispense for equitable share and into practice if we were learnt and their knowledge mechanisms in many of their executive mandate.

conditional grants,” she said.

to turn the tide of many of local government has been sharpened, writes Abel Mputing.
the municipalities that “This is meant to instil the municipalities,” she said.
have been affected by culture of accountability The challenges facing In addition to that, she maladministration, and she to ensure that the already municipalities are deep- said: “The Auditor-General said as such, the NCOP has scarce resources are seated, said Dr Qhamkile should play its role in the He said: “Based on that, we not intervened in many dispensed more efficiently Madlopha of the KwaZulu- accountability chain of can conclude that we need of these cases in the best and effectively.” Natal Legislature.
To address the intergovernmental the District Development interest of the residents.
them, she said: “We need sphere, it must not only Model to accelerate service To him, the other major a collective effort between identify deficiencies, but delivery and to bring Furthermore, she said the challenge in this space is the provincial and national must also enforce its about intergovernmental Auditor-General confirmed the urgent need to change government to support the recommendations.” planning and cooperative the systemic collapse of the political landscape of municipalities to perform governance.” According to municipalities caused by municipalities “to position him, this model will build the collapse in governance municipalities as catalysts the capacity to think and to and these municipalities’ for economic development secure the future, hope and inability to executive their than a space for political prosperity of municipalities.
executive mandate.

contestation, something In addition to that, he pointed out, while we In her view, so deep is the which has led to lack of service delivery”.

recognise now the lack of rot that even the invocation ability of municipalities to of section 139 of the To say our municipalities collect revenues, the way Constitution could not save are in utter disarray is a they spend their resources is many municipalities from misrepresentation of the a cause for concern.
further collapse, the “results facts on the ground, said Ms of which continue to have a Mmabatho Makause.

This He cited the case of 40 municipalities that invested negative impact on people’s lives and livelihoods of many sphere has collapsed.

“It has failed to provide people money in the now defunct cities”.

VBS Mutual Bank as a case with water, sanitation, roads, houses.

It is non-existent.

It in point.

“We are serious To reverse the current sorry has collapsed.” about accountability.
Such gross financial negligence state of municipalities in the Eastern Cape Province, According to her, the way 8 District Development Model aims to integrate planning and budgeting Dr Dlamini-Zuma emphasised the need to strengthen the local sphere of government, saying the “failure of local government is a failure of government, we are one government”.

The Minister of Cooperative empowering.


“The Local frank assessment of the state “In terms of financial viability, Governance and Traditional Government Week was fruitful, of municipalities”.
we are going to ensure that Affairs (CoGTA), Dr Nkosazana we talked about challenges supply chain processes of Dlamini-Zuma, has defended and also solutions, we do have North West’s Acting MEC municipalities are adhered to, the District Development common understanding of the for CoGTA and Human and ensure that consequence Model from criticism, challenges at hand and what Settlements, Ms Boitumelo management is applied,” he saying the model was not needs to be done,” said the Moiloa, said South Africa said.
a replacement of any old Minister.

was not short of legislation schemes, but a move in trying to solve problems that exist in local government, writes Sakhile Mokoena.
to govern municipalities, Mr Msibi also added that in She emphasised the need to and suggested that the order to have sound financial strengthen the local sphere country must deal with management and good of government, saying the administrative, structural and governance, municipalities “failure of local government political challenges in local need to have moral leaders Speaking during the is a failure of government, we government.

NCOP’s (National Council of are one government”.


both politically and in administration.
Provinces’) debate on the “For us to ensure that Local Government Week, she “The local sphere is municipalities are capable and said the District Development where people experience financially sound, we need Model seeks to coordinate government, sometimes to deal with administrative, and integrate planning and communities don’t even structural, and political budgeting and mobilise the understand which mandate challenges and instil the spirit capacity and resources of is national or local – every of active citizenry,” she said.
government for improved problem will be taken to service delivery and local the councillor – that’s why Her Mpumalanga counterpart, economic development in the we have to do everything to Mr Mandla Msibi, suggested municipalities.

strengthen the local level,” that the country must go “Not only do the three spheres of government work in silos, She said in the end people said the Minister.
back to basics to the White Paper on local government that was adopted in 1998, but the different departments must get services, there which he said spoke about a at national level are also must also be local economic “responsive, efficient, effective working in silos, and through development so that and developmental local the District Development communities can have government system”.
Model, we want to break sustainable development and those silos and work in a create their own wealth where “To have an ethical state, coordinated and integrated way,” she explained.

they live, and address the triple challenges of poverty, we must ensure that we are responsive to the needs of our unemployment and inequality.

society in terms of turnaround She also commended the Other participants in the time.
When community NCOP for organising the Local debate described the Local members raise challenges, our Government Week, saying it was very educational and Government Week as the “most comprehensive and councillors must not take time to respond.
Dr Nkosazana Dlamini-Zuma INSESSION NEWS DISTRICT DEVELOPMENT 9 “WITH LEGISLATION IN PLACE THERE WOULD NO LONGER BE DIVERSE APPLICATION OF SECTION 139 AMONG PROVINCES AND WITHIN THE SAME PROVINCE – RESULTING IN CONFUSION AND INCONSISTENCY,” - MR BASIKOPO MAKAMU District Development Model will bring coordination in districts and metropolitan municipalities, MEC Makamu “Pre-Covid-19, 72% of municipalities in the province were in good financial health, and initiatives were put in place by the provincial Treasury to assist all other municipalities, now many of our municipalities will face financial difficulties as a result of Covid-19,” The Limpopo’s Provincial Government’s MEC for Cooperative Governance and Traditional Affairs who participated in the Local Government Week debate, Mr Basikopo Makamu voiced his support for the District Development Model, reports Sakhile Mokoena.
He said the District Development Model would ensure proper coordination in districts and metropolitan municipalities.

He expressed his hope that the model Western Provincial Legislature, Government Week as one of will help address challenges said the Covid-19 pandemic the deep introspections and raised in the municipal audit has put many municipalities evaluations of the local sphere outcomes which he said painted an “unfavourable picture on how resources in the province under financial of government.
“We have difficulty compared to the taken the mirror and stared period before the outbreak of into our challenges of local allocated to municipalities are the virus.

being managed in ways that government in the face, and we are inspired by a number are contrary to the prescripts “Pre-Covid-19, 72% of of proposals informed by the and recognised accounting municipalities in the province balance of evidence and facts, disciplines”.
were in good financial health, “All too often, and especially and initiatives were put in this debate, opposition He told the NCOP delegates in place by the provincial parties sink into narrow and that the envisaged legislation Treasury to assist all other petty arguments, failing to see on the implementation of section 139 interventions will go a long way in municipalities, now many of that local government requires our municipalities will face a long view with policies that financial difficulties as a result have the vision that includes ensuring clarity and certainty of Covid-19,” said Mr America.
the lives of our people on in the application of the interventions.

“With legislation in place the one hand, whilst on NCOP permanent delegate, the other hand, address the Mr Mlindi Nhanha, said about the District Development challenges that this week has confronted,” Mr Mkiva said.
there would no longer be Model: “Most South Africans diverse application of section have heard these grand plans 139 among provinces and before, namely, Back to Basics, within the same province various recovery plans and – resulting in confusion now the District Development and inconsistency,” said Mr Model and it will be ditched Makamu.

when a new Minister comes in, and a new plan will be Mr Derrick America, the hatched.
Chairperson of the Standing Committee on Local Mr Zolani Mkiva, another Government and Local Government Oversight in the permanent delegate to the NCOP, described the Local 10 NCOP reflects on South Africa’s constitutional democracy The National Council of Provinces’ (NCOP’s) debate on International Democracy Day themed: “Reaffirming the values and principles of our constitutional democracy”, provided its members with an opportunity to reflect on the durability and relevance of the prescripts of the South African Constitution in relation to the past history and the challenges that the country is currently facing, writes Abel Mputing.
Mr Mohammed Dangor, who this role to deliver on one of of seeking peaceful resolutions represents Gauteng in the our country’s constitutional to war-torn countries,” he said.

NCOP, said: “The Constitution mandates,” he said.
was promulgated not in the He pointed out that “as we furtherance of racism but to The Minister of Justice and are about to celebrate 25 promote the economic well- Correctional Services, Mr years since we adopted our being of all South Africans, Ronald Lamola, who also Constitution, we need to reflect to heal the divisions of the participated in the debate, on what went wrong and what past, and to bring about social started off by paying tribute to has been our achievement, justice and fundamental rights the late Adv George Bizos for and what we need to do for all before the law.” his sterling contribution to the more to deal with issues of inception of our Constitution.
inequality”.

He said the Constitution seeks Adv Bizos’ tireless work Mr Lamola is convinced that to promote human dignity sought to ensure that all South South Africa’s Constitution has and to do away with racial Africans are equal before the stood the test of time, but servitude as enshrined in the law and that the Constitution is yet to be tested on how it Bill of Rights.

He cited the land becomes an instrument to will deal with the upsurge question as a case in point.
In bridge the gap between the in corruption.

“If there is any his view, if addressed properly, rich and poor.

it can assist in redressing past threat to our Constitution, it’s corruption.

We will succeed inequalities.

Mr Lamola defended the in uprooting corruption if we amendment of section 25 have ethical leadership.
And Although the matter is of the Constitution and its if the institutions that support contested, Mr Dangor is related laws as an endeavour our Constitution function nonetheless confident that the to reduce land hunger and to independently of any political current leadership has all the ensure the majority of South influence,” he said.

requisite wisdom to deal with Africans have equal access to this matter amicably.

“In quiet land and its natural resources.


waters, everyone can steer the He also praised South Africa ship, but in high tide we need for being a beacon of human captainship that would assist in rights culture in Africa and the overcoming turbulence.

world.

“Under the stewardship We currently have a leadership to play a critical role of that can be entrusted with brokering peace in Africa.
And of our President, we continue Mr Mohammed Dangor “AS WE ARE ABOUT TO CELEBRATE 25 YEARS SINCE WE ADOPTED OUR CONSTITUTION, WE NEED TO REFLECT ON WHAT WENT WRONG AND WHAT HAS BEEN OUR ACHIEVEMENT, AND WHAT WE NEED TO DO MORE TO DEAL WITH ISSUES OF INEQUALITY”.

- MR RONALD LAMOLA INSESSION NEWS SYSTEMIC PATRIARCHY 11 We must do more to uproot patriarchy, says Deputy Chair “If we were to address this, we need to uproot patriarchy more proactively.
We have passed laws to improve the status of women, but there remains a need to uproot systemic patriarchy to protect the rights of women.

Ms Sylvia Lucas, Deputy Chairperson of the National Council of Provinces (NCOP) Participating in the debate on ruling party in the running in crisis of the political the lives of many.” International Democracy Day of institutions supporting enrichment by those in power.
on the theme: “Reaffirming democracy poses a danger Each passing year, people the values and principles of to the efficiency of the South become more disillusioned, our constitutional democracy”, African Constitution.

evidenced by the recent low the Deputy Chairperson of the voter turnout.

“In the last National Council of Provinces In addition, “the Auditor- election, only 49% of eligible (NCOP) Ms Sylvia Lucas said General reports of voters went to vote.
The low it is a well-known fact that unauthorised and wasteful voter turnout is a threat to our South Africa is one of the most expenditure at local constitutional democracy,” she unequal societies in the world government and the said.

and it is South African women corruption in the state-owned who are disproportionately entities pose a threat to the Mr Armand Cloete, who Mr Mohai said the debate also gives an opportunity to amplify the relevance of the NCOP in relation to our constitutional democracy.
“As stated in our Constitution, this august House is the cutting-edge of cooperative governance.

As such, it serves to elevate provincial issues to our country’s national affected by that inequality, clause of the Constitution that represents the Free State agenda.” writes Abel Mputing.
seeks to bring about economic Province in the NCOP, said redress.” In her view, the democracy comes with its own “If we were to address this, country can’t continue to have set of responsibilities, and if we need to uproot patriarchy a political system that is not political leaders do not act in more proactively.

We have accountable to the ethical a manner that is responsible, passed laws to improve the principles of the Constitution.
our freedom will be in status of women, but there Ms Mmabatho Makause, danger.

“If our leaders keep remains a need to uproot who represents the Gauteng on looting, South Africa will systemic patriarchy to protect Province in the NCOP, said: soon be a failed state.
If we the rights of women.” She “We need to ask ourselves a fail to create opportunities for believes that the current difficult question: what does economic growth, we would review of the Women constitutional democracy soon be a failed state.” Charter seeks to ensure mean to an ordinary black that the discussions cover person who is pushed to the The Chief Whip of the NCOP Mr a developmental strategy margins of the economy, Seiso Mohai said the debate of gender monitoring and who plays a subservient role affords the delegates to the budgeting.
to that of white people who NCOP an opportunity to reflect control the economy?” critically on the future we There is still a long way to redefine its role further, he continued, to ward off the negative responses that position it negatively as a House that has no value or irrelevance because it is simply a duplication of the National Assembly.
“As such, we need to reposition it in the minds of the people and enhance its capacity, and rigorously place it in the national policy discourse as an apex institution at the heart of the three spheres of government, so that it Also taking part in the debate, seek to build.
“But we must becomes more assertive about the Provincial Whip of the Ms Makause added that to state that our Constitution did Western Cape delegation of the marginalised people, the not come out of a boardroom the permanent delegates notion of a constitutional declaration, drafted by those to the NCOP Ms Cathlene democracy is a foreign who wanted to create a better its constitutional mandate, and determines its scope and focus without overstretching its capabilities,” emphasised Labuschagne said the concept.
To her, South Africa is future for all.

It came about Mr Mohai.

continued interference by the a textbook case of a country because of the sacrifices of “IF OUR LEADERS KEEP ON LOOTING, SOUTH AFRICA WILL SOON BE A FAILED STATE.
IF WE FAIL TO CREATE OPPORTUNITIES FOR ECONOMIC GROWTH, WE WOULD SOON BE A FAILED STATE.” - MR ARMAND CLOETE 12 ‘Embedded in our heritage are mechanisms to advance our liberation’ The National Council of Provinces (NCOP) hosted a Heritage Day lecture on “Reviving and improving the quality of life through heritage”, writes Abel Mputing.
National Council of Provinces hosts Heritage Day lecture Ms Lutshaba’s research interests include rural development, commerce and industry, the nature of work in the creative economy, cultural policy, cultural leadership and development, development theory, and development history.

Ms Unathi Lutshaba Mr Elleck Nchabeleng Speaking at the beginning of identity and continuity.” “to promote our diversity”.
As the event before the lecture, such, he said the democratic the Chairperson of the Select He continued: “Over and government invested a lot in Committee on Education and above our indigenous the promotion of the South Technology, Sports, Arts and knowledge systems, aspects African heritage.
Culture, Mr Elleck Nchabeleng, of living heritage include said: “Our arts and culture cultural traditions, oral history, “Our heritage helps us to are the central thread of who performance, rituals, popular define our cultural identity.

we are and how we perceive memory, skills and techniques, It lies at the heart of our ourselves to be in relation to the holistic approach to spiritual well-being and has other nations of the world.” nature, society and social the power to build our nation.
Mr Nchabeleng said South relationships.” It has the potential to affirm our diverse cultures and, in African arts and culture He reminded the delegates so doing, shape our national contribute to how South to the NCOP that the national character.

It is thus important Africans live their lives and Heritage Day celebrated on that our communities how their identities are 24 September, recognises and remain as sites for educating formed.
“Embedded in our celebrates the cultural wealth ourselves and deepening our heritage are mechanisms to of the South African nation.

understanding of our heritage advance our liberation, if not “It is one of the national days resources, their conservation, our shared norms and values that we observe as part of preservation and promotion,” systems, that are critical for the national commemorative emphasised Mr Masondo.

our renaissance in engaging programme of government.
It us in a dialogue to forge a future anchored in unity, is an important day on which South Africans remember the He said the South African democracy has put heritage solidarity and diversity.” cultural heritage of the many into its proper perspective and cultures that make us who we government has invested in Also making remarks before are.
It is one of the strategic its promotion through various the lecture, the Chairperson of levers through which we seek legislative instruments, such the NCOP, Mr Amos Masondo, said: “This is the celebration of to foster social cohesion and nation-building.” the bearers of our indigenous knowledge systems found in Mr Masondo said the dawn as the National Heritage Resource Council, which acts as a custodian of the legacy of collective cultures.

our communities.
our communities.

The living of democracy in South Africa human treasures are our was the beginning of the living heritage, which is the huge task of putting the South foundation of all communities and an essential source of African heritage resources into proper perspective and INSESSION NEWS HERITAGE LECTURE 13 Delivering the lecture, of other sectors, she said museums.
A report has been traditional values and the interests include rural the Executive Director of workers in creative industries produced to this effect,” she current economic systems in development, commerce and the South African Cultural are more educated and have said.

Dikidikana.

Previously she industry, the nature of work in Observatory, Ms Unathi tertiary qualifications.
lectured in the Economics the creative economy, cultural Lutshaba, described the In addition, the cultural and Sociology Departments, policy, cultural leadership and challenge of mapping, The sector is also central observatory has been respectively, at Nelson development, development understanding and valuing to international trade, as involved research into the Mandela University.
She is an theory, and development the contribution South it currently exports well establishment of the South Erasmus Mundus Scholarship history.

She has contributed African creative industries over US$446 million in African film industry, with a recipient and alumni.

broadly to research and make to our gross domestic commodities.

This not only special focus of promoting commentary in these product (GDP) and employment, writes Abel Mputing.
reduces South Africa’s indigenous films that would Ms Lutshaba’s research areas.

cultural trade deficit, it also contribute to social cohesion contributes 0.7% to South and nation-building.

Africa’s total export of She gave an insightful commodities, mostly in the According to her profile, Miss perspective on this subject, United States.

Design and Lutshaba was appointed to which is often overlooked.
creative services contributed the role of executive director In her view, their research 50% towards export of the South African Cultural has proven that creative commodities, followed by the Observatory after two years industries influence our books sector at 14% and audio as its research manager.

She quality of life.

In addition, visual and film sector at 11% plays a central role in the the more we are artistic, the respectively.

more we innovate.
more we innovate.

overall project management of the Department of Arts and She said the entity is now Culture’s national research Regarding the sector’s mapping the future of arm.
contribution to GDP, she said museums to ascertain their their research has found that demand and supply, and Miss Lutshaba has an MA in it contributes 1.1% to GDP how that can influence Development Studies from the and this contribution grew by policy to promote local Nelson Mandela University, 2.4% per year compared to and international tourism.

and is currently working the 1.1% overall economic “Related to this initiative is a towards her PhD, also from the growth of our economy.
campaign to repatriate South Nelson Mandela University, Compared to the workforce African artefacts from foreign where she is focusing on MS LUTSHABA’S RESEARCH INTERESTS INCLUDE RURAL DEVELOPMENT, COMMERCE AND INDUSTRY, THE NATURE OF WORK IN THE CREATIVE ECONOMY, CULTURAL POLICY, CULTURAL LEADERSHIP AND DEVELOPMENT, DEVELOPMENT THEORY, AND DEVELOPMENT HISTORY.
CPA marks Africa Day with focus on Covid-19 and gender-based violence To celebrate Africa Day, the Eastern Cape Legislature hosted a Commonwealth Parliamentary Association (CPA) Eastern Cape sub-region webinar on “Tackling the concept of people’s democracy and human rights in the context of Covid-19 and the gender-based violence (GBV) pandemics”.
According to a concept calls for good governance, The conference also resolved document for the event, democracy, respect for that research into the social Africa Day is “an opportunity human rights, justice and aspects of GBV is needed for South Africans, including the rule of law in Africa.

to devise psycho-social asylum seekers, to reconnect Agenda 2063 also calls for interventions that go beyond and recommit themselves in Africa’s development to be the justice system processes.
the fight against the scourge people-driven, relying on the There was also a call for a of gender-based violence in the context of Covid-19.” The potential of African people, especially its women and partnership between the public and private sector document goes on to say youth, and caring for children.

to address the poverty, that in response to Covid-19 unemployment and inequality.
the African Union has called After extensive deliberations, These three challenges have on all its member states to the webinar resolved that been shown to have a direct work with the World Health the CPA should devise ways effect on GBV and other Organisation coordinate their and means to entrench a socio-economic ills and have efforts to fight the disease, limit transmission and human rights culture in Africa and to curb GBV through been amplified by Covid-19.

The resolution concluded by minimise harm.


legislation that would give condemning the misuse of the special attention to girl state apparatus for corruption The webinar also speaks to child education, curb early and despotism.

the aspirations of the African Union Agenda 2063, which marriages, and prevent sexual abuse and forced surrogacy.
In his closing remarks, the Mr Amos Masondo, NCOP Chairperson 14 Chairperson of the National Council of Provinces (NCOP), Mr Amos Masondo, noted that South Africa’s Constitution locates a just society “in the Bill of Rights, which is the cornerstone of our democratic values of equality and freedom”.
The Consitution further calls for parliaments to be “the centres that anchor the advancement of parliamentary democracy, to play an active role as midwives that mediate political conflicts and negatively effects of human insecurity on the continent”.
Turning to the Covid-19 pandemic, Mr Masondo noted that the disease has brought immense suffering and reversed African governments’ developmental efforts, these same governments “must take advantage of the opportunities that it presented to them, to bring about changes that are informed by the people we serve”.
He went on to say: “This pandemic has inadvertently repositioned African parliaments to respond to the challenges of the day by reprioritising the recovery of their nation states and the fight against gender-based violence that cast a long shadow of despair on our communities.” Mr Masondo also pointed out that the lessons learnt from these challenges have “assisted us to see opportunities where there could easily be despair.
One such opportunity is the “innovative capacity of parliaments to step in and integrate ICT in their communication platforms to improve their efficiency to deepen democracy and better the lives of millions of African people through technology.
Legislative sector must embrace digital technology to address gender inequalities and improve oversight Mr Lechesa Tsenoli, Deputy Speaker NA Parliament hosted a virtual Sector Parliaments Planning Session predicated on the theme: “Towards an Oversight Framework for Sector Parliaments”.
This is aimed at coming up with coordinated baselines and to share experiences on how best the legislative sector can incept a well-coordinated oversight framework on sector parliaments, that is implementable and research-based, writes Abel Mputing.

Speaking on the need the legislatures to hold the sector parliament has become households, which earn five to institutionalise and executive accountable.

Part of a critical factor that needs times more.


And this tends strengthen the sector’s which, he stated, is to ensure urgent attention,” he insisted.
to be skewed as well when oversight accountability that the sector parliaments’ This is tied to the need to it comes to not only their mechanisms on sector resolutions become part of review the Women Charter’s income, but their access parliaments, the Deputy the planning and strategic inputs and focus areas to health and economic Speaker of the National framework of the legislatures, because there is an emerging activities.
Assembly (NA), Mr Lechesa but also to ensure that they thinking that more should be Tsenoli, emphasised that are monitored, evaluated and done to ensure that there is According to the Stats SA the legislative sector implemented so that they a gender-sensitive budgeting study, the Western Cape needs to work together may see the light of the day.

process across the three province has seen a decrease to identify synergies to enhance the monitoring Furthermore, he added, there spheres of governance.
in the intensity of poverty compared to other provinces, and implementation of is a need for capacity building Statistician-General on but the Eastern Cape and domestic and other regional, in this regard in the legislative poverty mapping KwaZulu-Natal provinces have continental and global sector that will assist in a high prevalence of people development plans as part promulgating evidence-based In his contribution to poverty living in poverty.
of its broader oversight policy making that emanates mapping, the Statistician- mandate.

from the resolutions of sector General, Mr Risenga Maluleke, Stats SA commended the parliaments.

“We need to gave a broad overview contribution of government He said these may be acquire or harness requisite of the multi-dimensional grants in alleviating the attained by infusing sector skills to enhance our capacity poverty index.
In Stats SA’s plight of the livelihood of parliaments’ resolutions into in this regard,” he said.

observation, poor households, many households that are legislative instruments of many of which earn R4 vulnerable to hunger and oversight, such as questions and motions, to enable “The need for the establishment of an LGBTQI 600 a year, tend to have more people than non-poor poverty.
INSESSION NEWS ACTING AGAINST INEQUALITY 15 South Africa is ranked as because they are now deemed legislative sector “in its wider one of the most unequal bankable by the banks.” In his strategic and political context countries in the world – Dr view, the role parliament can as a vehicle for accelerated Ayodele Odusola play in reducing inequality, is service delivery, development Speaking on accelerated aimed at achieving equity.

transformation”.
to ensure that legislation is and socio-economic development in South Africa, Dr Ayodele Odusola, the Legislative sector to embrace This may include, he Resident Representative digital technology for suggested, the reviewing for the United Nations oversight of whether the sectoral Development Programme Ms Nomonde Madubula, a parliaments’ issues cannot be (UNDP) in South Africa, representative of the Financial assigned to relevant portfolio delineated the main drivers and Fiscal Commission (FFC), or select committees and beef of inequality in South Africa looked broadly at the lack of up the research support of and what makes it rank as coherent oversight capacity such committees.
one of the most unequal from legislatures to monitor countries in the world.

budget allocations, and lack This as a means to of capacity and coordination mainstream the aspirations In his view, although there at various government levels, of the youth, women, people are inequalities in South and the effects thereof on living with disabilities, and Africa based on race, service delivery and gender the LGBTQI community as there are also inequalities budgeting.
“There is a need critical sectors of our society between racial groupings.

to strengthen the research that are marginalised.

He said And for him, there must also capacity of legislatures this constitutes the greater be a policy that will give to be in position to track urgency of our times.
THE NEED FOR THE ESTABLISHMENT OF AN LGBTQI SECTOR PARLIAMENT HAS BECOME A CRITICAL FACTOR THAT NEEDS URGENT ATTENTION Deputy Speaker of the National Assembly (NA), Mr Lechesa Tsenoli strategic attention to this budget allocations.

And to growing trend.

But generally, embrace digital technology he blamed the structural for oversight.
And to enable impediments of apartheid legislatures to effectively for some racially based monitor the annual inequalities which “deserve a performance programmes of policy focus that will address departments meant to reduce them in a dramatic way”.

poverty, unemployment and He cited education as one inequality.

of the mechanisms that can assist in dealing with “Most of all, to be in a this dilemma.
But as our position to “address gender education stands now, “its inequalities through fiscal output is not linked to the policy by ensuring that all labour market, and that also government departments’ needs to be addressed”.

budgets and annual performances are gender- Most of all, he flagged land sensitive or include gender reform as one instrument budgeting,” she said.
that has the potential to Speaking under the same bring about much-needed topic, the Chief Whip of the structural changes in the National Council of Provinces economy.
“A win-win land (NCOP), Mr Seiso Mohai, reform programme that can said: “There is a greater entrust land in the lands of urgency that, as Parliament, small-scale farmers and that we must establish a sectoral can bring about inclusive parliaments oversight model economic reforms, can drive to ensure a coherent oversight productivity and unleash of sectoral issues.” the value chain of South African agri-business which is He said this will require deep estimated at R70 billion.” thoughts and imaginations from the stakeholders of the In reference to the legislative sector “because it UNDP’s interest in youth related to our research and development in South Africa, policy analysis capacity to he said they have, through bring about defined strategic their youth entrepreneurship goals and outcomes”.
programme, cultivated According to him, the need for “a cohort of young sectoral parliaments oversight entrepreneurs and the skills model calls for a change in they imparted in them have parliamentary programming.

given them access to finance That will position the