Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694846835158.pdf (South Africa)
UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 1 TUESDAY, 22 MARCH 2022 ____ PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES ____ The Council met at 10:04.

The Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.

The CHAIRPERSON OF THE NCOP: Hon delegates, before we proceed I would like to remind you of the following.

The virtual sitting constitutes a sitting of the National Council of Provinces.
The place of the sitting is deemed to be Cape Town, where the seat of the National Council of Provinces is.

Delegates in the virtual sitting enjoy the same powers and privileges that apply in a sitting of the National Council of Provinces.

For the purpose of the quorum, all delegates who are logged on to the virtual platform shall be considered present.

Delegates must always switch on their videos.

Delegates should ensure that the microphones on their gadgets are muted and must always remain muted.
The interpretation facility is active.

Delegates, members of the executive, UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 2 special delegates and the SA Local Government Association, Salga, representatives are requested to ensure that the interpretation facility on their gadgets is properly activated to facilitate access to the interpretation services.

Any delegate who wishes to speak must use the raise your hand function and/or icon.
Hon delegates, I’ve been informed that there will be no notices of motion or motions without notice.

Before we proceed hon delegates, I wish to welcome the Minister of Justice and Correctional Services, MECs, all special delegates and Salga representatives to this sitting.

We shall now proceed to the subject for debate as printed on the Order Paper, Debate on Human Rights Day: The right to equality, reducing poverty and inequality.
I now call upon the hon Minister Ronald Lamola, Minister of Justice and Correctional Services, to open the debate.

Hon Minister?
Hon Minister?

DEBATE ON HUMAN RIGHTS DAY: THE RIGHT TO EQUALITY REDUCING POVERTY AND INEQUALITY (Subject for debate) UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 3 The MINISTER OF JUSTICE AND CORRECTIONAL SERVICES: Hon Chairperson, hon members, distinguished guests, ladies and gentlemen, South Africa annually commemorates Human Rights Month in March; an acknowledgment that government has made strides to deepen freedom, democracy and human rights in our country.
It was former President Nelson Mandela, the world’s most recognisable human rights symbol, who committed South Africa to the fight for attaining and preserving human rights when he said the following: Thus shall we live, because we will have created a society which recognises that all people are born equal, with each entitled in equal measure to life, liberty, prosperity, human rights and good governance.
The ANC-led government, inspired by great leaders such as Mandela, Tambo, Sisulu, Ngoyi, and others, has lived to entrench a human rights culture in South Africa.

Equally, South Africans themselves have demonstrated a firm commitment towards protecting the gains of our hard-earned democracy.

UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 4 As you will recall, the apartheid regime deprived black South Africans of their citizenship and abolished their human rights.
Apartheid left us with many scars which we continue to heal today.

On 21 March 1960, the apartheid regime unleashed the most violent and brutal attack on masses of our people in Sharpeville.

Their wounding and killing was as a result of them protesting in an absolute nonviolent manner, and calling for an end to the unjust pass laws and other draconian legislation that the apartheid regime imposed on Africans.
As they were chanting freedom songs such as Izwe lethu, awaphele amapasi [Our land, down with passes] apartheid police officers that were unprovoked, opened fire on unarmed protesters, killing 69 people and critically wounding scores of others.

The 69 heroes and heroines did not die in vain.

The chapter of our freedom is not complete without mentioning them and their contributions.

We honour them for laying ... their lives for freedom and democracy to reign in South Africa.
In addressing this painful legacy of apartheid, government has passed legislation which enhances human rights for all South Africans, irrespective of race, belief, creed, sexual orientation and gender.

UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 5 The Bill of Rights in our exemplary Constitution enshrines the rights of all people in South Africa and affirms the democratic values of human dignity, equality and freedom.
The Bill of Rights applies to all law and binds the legislature, the executive, the judiciary and all organs of state.

Government has also established institutions such as the SA Human Rights Commission to adequately tackle all manifestations of human rights violations.

So, our commitment to human rights is unwavering.

As we continue to commemorate 25 years of our Constitution, it is fitting that this Constitution was signed into law by former President Mandela in Sharpeville.
As we go down memory lane reflecting on how far we have come as a democratic country and deliberating on how we can take our country forward, we commit to comprehensively address challenges facing our people, such as poverty, inequality and unemployment.

We also commit to deepen human rights in this great nation.

Some of the fundamental rights in the country are equality before the law and access to justice.
The Department of Justice and Constitutional Development has observed that the high costs of litigation has the potential to deprive the poor UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 6 of access to justice.

This, if allowed to manifest, would be an impediment towards the realisation of human rights.

In this regard, we have through Legal Aid SA sought to intervene to ensure that poor and working-class South Africans have access to justice.
The CHAIRPERSON OF THE NCOP: Minister, just hold on for a minute.

I see hon Mohai’s hand is up.

The CHIEF WHIP OF THE NCOP: Hon Chair, I want to apologise profusely for this.

I wanted to remind the Minister that we were requested to switch on our videos.

I think he forgot to switch on his video.

It was just about that matter that I raised my hand earlier.

I want to apologise once more for disturbing the Minister.

Thanks.

The CHAIRPERSON OF THE NCOP: Thank you very much.

Minister, please proceed.


The MINISTER OF JUSTICE AND CORRECTIONAL SERVICES: My apologies, Chairperson.

I suspect ...

The video is on.

It’s just that when I go to the Microsoft Office Word document I suspect it closes the video.

However, the video is on.

Maybe that could be the challenge.

My apologies to all members if UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 7 I’m still not visible.

I thought I’m visible even though I might have switched to the Office ...
The CHAIRPERSON OF THE NCOP: We can’t see you now, Minister, but please proceed.

The MINISTER OF JUSTICE AND CORRECTIONAL SERVICES: Okay, thank you.

In this regard, we have through Legal Aid SA sought to intervene to ensure that poor and working-class South Africans have access to justice.

Legal Aid SA has, throughout the years, provided professional legal advice and representation to those who cannot afford legal fees, including the poor and the vulnerable.
In the current financial year, we have allocated a budget of R2 billion to Legal Aid SA to ensure that it reaches as many people as possible.

We also ensured that legal representation in pursuit of land justice materialises.

This will help to fight illegal evictions by landowners and farmers.

Legal Aid SA will now provide services against evictions from farms to protect farm dwellers and also labour tenants.

We continue to appeal to the rest of the world not to perpetuate selective morality.
Race should never be a factor when condemning the violation of human rights and UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 8 international law.

It can’t be correct that certain superpowers turn a blind eye to atrocities in Africa and the Middle East but unite in calling out for justice for victims of the same atrocities in Western countries.

This disparity must immediately be brought to an end.

All citizens of the world have equal rights.


We call for continued dialogue between those in conflict and we are hopeful that through negotiations and mediation an agreement can be reached.

His Excellency, the President of the Republic, Cyril Ramaphosa, was forthright when he said: We must rebuild a society that is far better than the one that came before it.

We must become a society that is free from poverty, hunger and deprivation.
We must become a society where women and children are free from violence, and where their rights are protected.

This is a clear line of March that should preoccupy all South Africans.
We should all say it is not yet uhuru [freedom] when we see our people walking long distances to fetch water, children walking long distances to attend school, our people excluded from the mainstream of the economy, our people being UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 9 landless, people facing hunger and starvation, and women sexually violated, abused and killed.

Working together, we can address all these challenges.
As government, we have exhibited commitment to fight and defeat the scourge of gender-based violence, GBV, and femicide, which continues to bring great shame to us.

With regard to that, we want to thank this House for the speedy processing of progressive legislation to strengthen the fight against GBV and femicide.

The legislations are the Criminal Law (Sexual Offences and Related Matters) Amendment Bill ... Act, the Criminal and Related Matters Amendment Act and the Domestic Violence Amendment Act.
All South Africans must collectively say, enough is enough.

Violence against women cannot be tolerated.

It is a gross violation of human rights enshrined in the Constitution.

We must draw a parallel between the fight against apartheid and the fight to end the scourge of GBV.

The Constitution protects all South Africans, especially the vulnerable.

Our Constitution is a living document which entrenches and advances human rights.
South Africans from all walks of life must, through concrete actions, protect it.

As we commemorate UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 10 Human Rights Month, we unequivocally call for an end to the abuse of the rights of the lesbian, gay, bisexual, transgender, questioning, intersex and plus, LGBTQI+, community.

Our Constitution prohibits unfair discrimination on the grounds of sexual orientation.
Through our supreme law, the Constitution, we commit ourselves to uphold human rights for all South Africans.

This is in line with a clarion call by our forebears.

Oliver Tambo, on 1 June 1968, in a statement to commemorate the International Year of Human Rights, said: Our fight is for justice.

We cannot cease until we have won, as we will in time.

And in achieving human rights for all men in Southern Africa we will be making our contribution to the fight for human rights and freedom the world over.
Tambo understood then that the fight that is won for human rights in South Africa is a fight won for human rights in Africa and the world over, and in that way, we will contribute to humanity the best gift of human rights to the people of the world.

The statement by Tambo illustrates that the ANC was always on the side of the people and in fighting for their UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 11 rights.
However, today we have yesteryear oppressors and those who were sympathetic to the apartheid regime arrogantly acting as democrats and safeguards of human rights.

They disguise their action as democratic but upon closer scrutiny South Africans have unmasked these neoliberals for who they are; people hell-bent on reversing the gains of our democracy and wanting the status quo to continue.

These are the organisations that within their ranks have no space for black leaders to play any meaningful role.
They exclude black communities in areas where they govern and prioritise affluent areas for development.

South Africans have long realised that these organisations are opposed to constitutionalism.

Nor do they want a nonracial society.

We stand for services to all the people of our country, irrespective of the colour of their skin, racial orientation or creed.

Services must go to all South Africans and everyone must serve all South Africans, irrespective of their colour.
Irrespective of the behaviour of organisations I have mentioned above, our Constitution is a tool that should unite all South Africans and herald us to an inclusive society.

It must enable us ... fundamental freedoms and guarantee our rights as citizens.

However, we need to remember that as we exercise our various rights, great responsibilities lay upon UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 12 our shoulders.
We must respond directly to the World Bank’s report that still puts us as one of the most unequal societies in the world.

The social compact announced by the President is the best way to take ... out of the difficult quagmire of the lack of economic growth and the lack of job creation in the country.
Collectively as a social pact and social compact, it will enable us to achieve the goals of economic growth that will enable us to build an equal society where everyone has access to employment and access to economic opportunities that will help us to achieve economic growth.

If all of us work together, we can build our nation in diversity.

South Africans can only be inspired by ethical leaders who will root out corruption, malfeasance and maladministration.
Corruption, if not tackled, can derail the gains we have made.

Let us collectively reject self-preservation and acknowledge that human rights is our lifeblood.

Any institution or persons seeking to undermine our hard-earned rights should not only be rejected but must face the consequences of attempting to undermine that which unites South Africans from all walks of life.
We have no option but to work together as a nation to build a country of prosperity for all, with equal rights for all citizens of South Africa.

I thank you very much, Chairperson.


UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 13 Ms F NKOMONYE (Eastern Cape): Chairperson of the NCOP, Mr Amos Masondo, Deputy Chairperson of the NCOP, Ms Sylvia Lucas, hon Chief Whip of the NCOP, Mr Mohai, hon MECs present here, the Minister of Justice and Correctional Services, Mr Lamola, permanent and special delegates of the NCOP, distinguished guests, members of the media, ladies and gentlemen, a very good morning to you all.
Chairperson, we are gathered here today, barely a day after the nation celebrated Human Rights Day.

We are gathered here to debate under the theme: The right to equality - Reducing Poverty and inequality.

The province of the Eastern Cape celebrated Human Rights Day at Ntselamanzi, Dikeni in Raymond Mhlaba Local Municipality.
The day was dedicated to one of the earliest modern African intellectuals of the 19th and 20th centuries, Reverend John Knox Bokwe who played a central role in the establishment of the University of Fort Hare that came into being in 1916.

Reverend John Knox Bokwe was also instrumental in the establishment of schools and churches in the province, in the areas of Dikeni as well as Ugie in the Joe Gqabi District Municipality.

He championed the importance of education as a human right.
UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 14 We are also gathered here today to remind South Africans about the sacrifices that accompanied the struggle for the attainment of democracy in South Africa.
Franz Fanon once said: Each generation must, out of relative obscurity, discover its mission, fulfil it, or betray it The generation of Mandela, OR Tambo, Kwame Nkrumah, Julius Nyerere and many others identified its mission as the liberation of the continent from the colonial rule and I dare say they fulfilled their mission.

This generation has a mission to accomplish and for me that mission is to eradicate poverty and inequality in our lifetime.
The United Nations Human Rights Commissioner recently published that: No social phenomenon is as comprehensive in its assault on human rights as poverty This is because poverty erodes economic and social rights such as the right to health, adequate housing, food and safe water, and the right to education.

According to United Nations Children's Fund, UNICEF, almost 22 000 children die each day due to poverty.
Nearly half of the world's population live on UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 15 less than R40 a day.

More than 1 billion people in the world live in abject poverty on less than R25 per day while the richest 1% people have almost half of the world’s wealth.

This underscores that there is a huge gap and inequality in the distribution of the world economy.

Thus, poverty is one of the most serious challenges the world is facing today.
And poverty, in turn, is a serious threat to political stability, social harmony, peace and justice.

Sadly, the World Bank recently published that South Africa is the most unequal country in the world, ranking first among 164 countries, with race playing a determining factor in a society where 10% of the population owns more than 80% of the wealth.

As the leadership we have a responsibility to change this narrative.
The Centre for Economic and Social Rights argued in December 2008 that: Poverty is an assault on human dignity, but it can also reflect a violation of human rights when it is the direct consequence of government policy or is caused by the failure of governments to act I fully concur with that sentiment and support an argument that says a human rights approach to poverty calls for a UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 16 paradigm shift in how we understand and address poverty.
A human rights -based approach thus looks at poverty not as a question of fate, but rather as an issue of justice.

This implores all of us to reject the view that poverty is inevitable, but rather look at why poverty persists in this country.

This calls for a vigorous investigation, and holding of public representatives, administrators, business, and investors accountable for their actions or failures to act that produce, perpetuate and exacerbate poverty in South Africa.
As you know, hon members, that we are guided by the National Development Plan whose intent is to reduce poverty, inequality and social exclusion by 2030, as the province of the Eastern Cape we believe that recognition and eradication of poverty, inequality and social exclusion cannot be limited to policy and strategy documents.

It must be reflected in legislative documents because laws are binding.
We also acknowledge that post 1994 South Africa has invested significantly in a social wage package that includes social grants, free basic education, healthcare, food security and basic services.

There is still a greater need for UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 17 collaboration in basket of services we offer to make a greater impact on poverty and inequality.
As I conclude, in almost all the provinces, Eastern Cape included, poverty and inequality are two phenomena that are prevalent.

We cannot discount what government has done to fight for the attainment of these freedom of the people of this country.

However, there is still much more that’s needs to be done.
Let us all - even opposition parties - as we do our work on a daily basis be inspired by the preamble of the Freedom Charter which says “ These Freedoms We Will Fight for, Side by Side, Throughout Our Lives, Until We Have Won Our Liberty Let us therefore defend and advance human rights.

Thank you.

Ms D C CHRISTIANS: Thank you, Chairperson.

Hon Chairperson, hon Minister, hon members and fellow South Africans good day.
Human rights violations across the world have escalated and many leaders around the world have in the words of Amnesty International: UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 18 Pushed hate, fought against rights, ignored crimes against humanity and blithely let inequality and suffering spin out of control.
As we encounter more and more human rights violations across the world, the necessary question is whether humanity has lost its value and essentially what the role of governments across the world is to alleviate these burdens.

South Africa has a long history of human rights violations, sadly the country remains an example of undermining the freedom of others despite having one of the most robust and celebrated Bill of Rights in the world.
South Africa has recently also been named the most unequal country in the world where the large majority of people in the country are still excluded from socioeconomic development based on race, gender, ethnic origin and disability.

Persistent poverty and growing inequalities across the country are stark reminders that the ANC government has failed to protect its citizens and have not created an environment conducive to sustainable and equitable social development.
In the past decade poverty has intensified and the failings of government have been brought to light.

It is true that government has embarked on numerous poverty reduction UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 19 strategies in order to address poverty and inequality in the country.

However, these strategies have been largely ineffective.
After almost 30 years of ANC governance, more than 50% of the population is still poor, and inequality in the country is amongst the highest in the world.

These failings have been because of corruption and the inability of government to implement strategy and policies.

As a result of this government’s inability to alleviate poverty it has seen the country’s entire fabric crumbling.
To quote the words of Mary Robinson: I am often asked what is the most serious form of human rights violations in the world today, and my reply is consistent: extreme poverty.

Recent crime statistics show that contact and violent crime are on the increase, this essentially means that we cannot feel safe in our own homes.

Despite a Freedom Charter that aspires to keeping the citizens of our country safe, Bheki Cele and his department is failing the people of this country.
In fact, Sunday’s Carte Blanche highlighted police brutality and the inhumane treatment and torture of citizens.

Management at police stations came under the spotlight with reports of UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 20 ill-discipline amongst police officials frequently reported, but not dealt with.

Gender-based violence remains one of the country’s most distressing and rampant human rights violations in the country.
It remains a profound human rights violation with major social and developmental impacts for survivors of violence, as well as their families, communities and society.

At the beginning of 2021, R128 million was pledged towards gender-based violence, yet South African experts told Human Rights Watch that despite promises – including in the National Strategic Plan – to address gender-based violence and femicide, the government has still failed to provide adequate funding for shelters and other services.
Additionally, police and health departments still fail to prioritise victim friendly facilities or prioritise medical forensic services, with victims often being treated inhumanly because of the lack of suitably qualified health professionals and lack of facilities.

Hon Chairperson, the right to health care in South Africa is a further human rights violation further impacted by poverty and inequality.
Across the country are reports of huge health care inadequacies such as a lack of medication at clinics, hospitals and mobile clinics as well as UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 21 numerous reports of operations not done timeously or limited operating theatre space while others have died because of patient transport that cannot get them to towns for life saving treatment.
Reports are rampant of members of the public raising concerns regarding the shortage of equipment.

According to a report, the long waiting times for medical intervention potentially exposes patients to the development of complications or even loss of life, public hospitals, in the words of the report, have become a death-trap for the poor.

Hon Chairperson, we cannot speak about poverty alleviation and the right to equality if we do not address the glaring right to access of quality education.
At the beginning of 2022, it was reported that close to 400 000 learners were not placed in schools across the country, delaying their access and right to education.

Additionally, schools across the country are affected by failing municipalities owing Eskom millions of rands and in turn affecting teaching and learning.
Afrikaans: Water- en riooluitdagings loop oor die land heen, van Noordwes, Mpumalanga tot in die Noord-Kaap sien ons gebarste UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 22 waterpype, verstopte rioolinfrastruktuur en slaggate groter as die groot gat in Kimberley.
Verder hou hierdie probleme risiko’s in vir inwoners soos cholera, bakterieë, swamme, parasiete, en virusse wat derm-, long- en ander infeksies kan veroorsaak, om nie eens te praat van die talle ongelukke op die Noord-Kaapse paaie weens die groot slaggate nie.

Meeste munisipaliteite het die inwoners van hierdie land in die steek gelaat.
Onbevoegde munisipale rade en amptenare, wydverspreide korrupsie en kaderontplooiing het bygedra tot die spoedige verval en selfs ineenstorting van dienslewering en infrastruktuur in die meeste dorpe en stede in Suid-Afrika.

Die mense van hierdie land is werkloos en geteister met armoede en landsburgers sukkel om toegang tot kwaliteit onderwys, gesondheidsorg en basiese dienste soos water en sanitasie te kry.
Ons het die ontstellende toename van xenofobiese aanvalle gesien en die regering het daarop aangedring om Covid-19 beperkings te handhaaf ondanks die negatiewe uitwerking wat dit op ons land gehad het.

UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 23 Mensehandel is aan die toeneem in die land.

Die President versuim om Rusland se inval van die Oekraïne, en die gepaardgaande skending van haar sowereiniteit en haar mense se menseregte, te veroordeel.
English: As I conclude, Chairperson, we need to protect the human rights and dignity of South Africans at all costs and put the people of this country first.

The country is in a rapid economic and social decline, we need a drastic change in government and the Local Government Elections in 2021, was the indicator that change is on the horizon.

The people of South Africa will affect that change come 2024, when the ANC government is voted out once and for all.

I thank you.
I thank you.

Ms D G MAHLANGU: Hon Chairperson and Deputy Chairperson of the NCOP, hon Minister, the Chief Whip of the NCOP, MECs, special delegates, hon members from South African Local Government Association, Salga, hon members of the House, fellow South Africans ... IsiNdebele: ... lotjhani.

UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 24 English: We undertake this debate when the world is faced with a major risk of global instability.
The effects of the conflict of Ukraine and Russia is bound to have far reaching economic implications for developing countries which will be impacted by the rise in fuel prices and other basic foods as the global supply system gets constrained.

The conflict also brings forth human rights issues, and we commend the President of the Republic, His Excellency, hon Cyril Ramaphosa, for calling for peace and diplomatic resolution of the conflict.
The guns should be silenced so that global development continues, particularly in closing the inequality gap between developed and least developed nations.

Without peace and harmony between developed and least developed nations, a better life for the least developed nations will become a dream defect.
The full realisation of our human rights in a global capitalist system requires the state to enable all South Africans, particularly the poor and marginalised, the capacity to enjoy their socioeconomic rights.

The economic aspect of socioeconomic rights is an area which our democratic dispensation has not achieved, but has made significant strides to enable its realisation.
UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 25 Hon Chairperson, the Universal Declaration of Human Rights 1948 had an impact on the liberation struggle in South Africa.

The Freedom Charter which was a product of the proposal by the Z K Matthews.

The Mathews was inspired by the UN Declaration of Human Rights.
This background is critical in locating human rights in our historical evolution which also predates the Freedom Charter such as the African Claims of 1943 which focused on the Bill of Rights.

The Freedom Charter states that our country will never be prosperous or free until all our people live in brotherhood, enjoy equal rights and opportunities.
This call by the Freedom Charter that encapsulates the basis for the realisation of prosperity and freedom is based on the enjoyment of equal rights and equal opportunities.

This recognises that in order to enjoy economic rights the marginalised majority should have equal opportunities in the context of the inequality entrenched by colonialism.
This, in practical terms, means that our democratic government should be able to create enabling conditions and empower the marginalised to have equal opportunities to those who are privileged, who are in the main the white minority.

UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 26 Hon Chair, since the democratic government, the ANC has placed the education in the centre of development and redress.
This is so because education is a critical element for skills development and the broader human capacity development of the nation.

Skills development is also a critical aspect for workers in order to improve the capabilities and to enable them to get more opportunities.
The fact that we are in a period of rapid digital transformation and the Fourth Industrial Revolution and changes in the world of work, we need to protect our workers in areas which are not critical as the skills needs of the economy changes.

Our government and the private sector have a responsibility to ensure that we train our workers skills of the changing world.

It is therefore imperative that even in our education system we need to develop graduates with relevant skills for the economy.
We must aggressively focus on skills development to address the skills gap and skills mismatch which contribute to unemployment, especially the role of technical and vocational education and training colleges and apprenticeships.
Hon Chairperson, one of the major areas which requires strengthening is the integration of learning and practical experience as these enable students to seamlessly integrate to UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 27 working opportunities as they would already be exposed to the workplace.

In order to transform our economy, we need to incorporate entrepreneurship into our education curriculum at a basic education level and higher education.
This is important for economic growth and to develop skills amongst the youth to be an integrated into the economy as employers and not only as workers or employees.

Economic development and transforming the ownership pattens of our economy means that more black people should be supported to venture into entrepreneurship.
Various economic research and statistics have demonstrated that despite medium sized and large firms having the capacity to create jobs, small business have been the key drivers of job creation in the recent years.

This indicates that we need to continue to support small, medium and micro enterprises, SMMEs, as government, but it is also important that the private sector should also focus on supporting SMMEs.

Developing financing institutions are important if we are to stimulate the economy.
We commend the work of government in ensuring that businesses are paid within 30 days of invoicing UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 28 and that set aside exists for small businesses.

Other government development financing institutions such as the National Development Agency, NYDA, Small enterprise development agency are critical players in supporting small businesses.
Government has developed centres for entrepreneurships and rapid incubators in institutions of higher learning to foster a culture of entrepreneurship among young people, students and convert job seekers to job creators.

The Small Enterprise Development Agency, SEDA, has also developed the Basic Entrepreneurship Skills Development Programme which is funded by the National Skills Fund.

The programme uses coaching to facilitate and reinforce learning and development support to emerging entrepreneurs.
Hon Chair, more than 2 000 emerging entrepreneurs have, to date, been supported through the programme through the Youth College Fund.

Government aims to support 10 000 young innovators over the next year, and we should be proud of this.

These are not tabled interventions which also require the private sector to play their role in expanding this type of interventions to create more opportunities.
Private sector financing institutions and investors should develop models and UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 29 programmes which focus on investing and supporting small businesses and innovations to grow enterprises and to diversify ownership of the ...

[Inaudible.]

The market concentration of monopolies should be shunned and addressed continuously by the Competition Commission.
Chairperson, human capacity development is a critical aspect to develop and grow any economy.

Without the skills and capabilities, economic development ...

[Interjections.]

The CHAIRPERSON OF THE NCOP: As you conclude, hon member.

Ms D G MAHLANGU: ... becomes constrained.

One of the major dangers of the structures of our economy has declined in the manufacturing sector to an increase of the service sector with financial service growing in the main.
The CHAIRPERSON OF THE NCOP: Hon Mahlangu, because of the speaker’s list, I was not aware that your minutes have actually been increased from 10 to 15.

Ms D G MAHLANGU: Can I continue, Chair?

The CHAIRPERSON OF THE NCOP: Please.

UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 30 Ms D G MAHLANGU: Thank you.

As industries adopt to technological changes, the skills and capabilities develops and it enhances the overall human capabilities of the country.
The private sector has an important role to play in creating work opportunities.

All work places in South Africa should be training and developmental spaces.

Private sector development institutions also have a responsibility to ensure financing conditions take into consideration of many South Africans who are largely asset poor.

Our country has been one of the most unequal in the world.

This demonstrates the structural challenges which impact income distribution and asset distribution.
This inequality affects women beyond race.

The patriarchal nature of our society requires government interventions to prioritise empowerment of women.

Hon members, the democratic government has made significant progress in ensuring that we break the cycle of poverty.

Today a child of a domestic worker can become a doctor, engineer, a lawyer and actuarial scientist and other professions which were primarily preserved for the white community.
A village which never had running water and electricity, today has electricity.

Education is free for the poor until higher UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 31 education.

This commitment and realisation by the democratic government demonstrate the primacy of human capacity development.

These are the democratic gains of South Africans under the leadership of the ANC.
We need to ensure that our workplaces do not discriminate against women, people with disabilities and the LGBTIQ+ community.

Economic emancipation will always be constrained for the discriminated.

Women in workplaces continue to be exposed to sexual harassment and stereotyped treatment which hampers on the upward mobility of women in strategic sectors of the economy.
The low ownership of the economy by women and the dominance of male in the management of Johannesburg Stock Exchange listed companies is a reflection of the system exclusion of women in strategic areas of the economy.
Hon Chairperson and members, the recent World Bank report on inequality in South Africa reflects the need for a deeper and rigorous progress of transforming the structure of the economy to unleash its potential and to create an inclusive society as inequality contributes to low economic growth and low economic development.
UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 32 The ANC, in its 54th national conference, resolved on radical socioeconomic transformation due to the recognition of the slow transformation and that the vision of the Freedom Charter to ensure the freedom of all South Africans and prosperity is realised.

Without guaranteeing the special economic rights of all South Africans, our social stability will continue to deteriorate.
As I conclude, hon Chairperson, as public representatives in this House we all have a collective responsibility to rally all South Africans and social partners from business, labour and civil society to contribute in supporting initiatives which build the capabilities of South Africans.

A social compact of a better South Africa has never been this urgent.

Hon Chairperson and hon members ... IsiNdebele: ... ngiyathokoza.

UZimu anitjhudubaze.

English: Thank you very much.


Ms M O MOKAUSE: Chair, the right to equality stands as an important part of South African history.

However, our UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 33 appealing human rights norms are yet to be meaningfully translated into reality.

In observing human rights, we are provided with an opportunity to acknowledge its failures.
For while democracy has delivered some freedom for South Africans, it’s not enough and not enough has changed for the black majority of our country.

Today, we are still faced with the remnants of the apartheid regime that simply refuses to die, represented by the former liberation movement which is now in government, the ANC.
And in its formal form, the right to equality remains but a distant dream for black people due to the triple social challenges of unemployment, persistent poverty and widespread socioeconomic inequalities.

According to a new report, which was released earlier this month by the World Bank, South Africa remains the most unequal country in the world, ranking first amongst 164 countries in the World Bank’s global poverty database.
Yes, Chairperson, it is the most unequal country and there’s nothing to contest; hon Minister, that is the truth about south Africa.

UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 34 In fact, we stand far removed from ever realizing equality in the meaningful terms so much so that any approach to obtaining any form of equality should be based on redressing poverty, which has remained one of the biggest problems in South Africa.
Poverty is worsened by high unemployment rate, which is highest among youths who currently roam the streets unemployed in their numbers.

Many more have abandoned the job search altogether and have lost hope in ever finding employment.

They are faced with pervasive poverty and unemployment, whilst inequality continue to thrive.

Inequality also manifests itself amongst our youth in a number of ways, the most common being through the glaring disparities of wealth between the rich and the poor.
The right to equality is yet to be realized in any meaningful terms and it remains questionable whether it is achievable in the backdrop of numerous challenges faced, which include the high levels of unrest, rampant crime and a population which is faced by more social ills than it ever has in the history of this country.

UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 35 Crime remains a black problem and that’s a fact.
We witness daily murders in Inanda, Nyanga, Khayelitsha and many other areas where black people reside and these hardly receive any attention from all levels of government.

This is because humanity of an African child is easy to dispense with.

Poverty, homelessness, poor educational outcomes are all black problems and they are directly associated with the high rates of crime.

We also remain a nation with a dual economy, a tale of two nations.
A tale of two schools: one private, properly functional, where the wealthy send their kids to be educated effectively so; whereas our public schools stand dysfunctional, poor, under-resourced and incapable of equipping learners with necessary skills.

For the ANC has failed to provide proper public schools with competent teachers and the struggle around free education remains part of the burning issues in South Africa.
A tale of two health services where private hospitals offer efficient, quality health services whilst public hospitals UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 36 remain dysfunctional, and that’s where black people are meant to receive the services from.

Without interventions to address these questions, Africans will remain pariahs in the land of their birth.
Chairperson, this is our land and we are not visitors in our land but the ANC wants to turn us visitors in our own land.

Our chances of achieving meaningful change which will enable the realization of a just and equal society remains a dream under the ruling party, which also commodifies public services, which only serve the rich; for the poor are afforded their own level of equality which differs to that of the wealthy, living in affluent suburbs.
Chairperson, we are here today faced with the reality of an increasingly repressive government of a failing economy of millions of black people without employment and millions more without their land; and the ANC must be characterised for what it is, a violator of human rights in this country called South Africa on behalf of its white monopoly handlers.
UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 37 The dream of an equal society stands farfetched as the ANC has, since 1996, pursued neo-liberal policies which have failed to transform the economy so much so that two decades into democracy the black majority remains on the outskirts of the economy.
It is the ruling party which has led to the normalisation of poverty in this country and there currently exists no difference between the ANC and the parties which have come before it representing white supremacists; for the legacy of apartheid endures.

Chairperson, we are yet to see equality being translated into reality.

Black South Africans continue to hold fewer assets, have fewer skills, earn lower wages and are more likely to be unemployed.
In some companies, white workers continue to earn more than blacks do, even in instances where they do the same work and are on the same level, even if when a black person is more qualified than a white person, they are just remunerated because of their colour, for being white.

Inequalities are passed down from generation to generation with little change over time.
Blacks continue to live without land whilst the elite, mainly the white monopoly, continue to UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 38 thrive; endorsed by Cyril Ramaphosa and his clique within the ruling party.

And once again on this so called Human Rights debate, there remains nothing to celebrate for the black majority, for the right to equality stands as but a conceptually flawed promises.
In Sharpeville, Chairperson, you know very well, your generation remains poor, lives in house which are constantly flooded with water, lives in houses with asbestosis roofing, under your government.

Are you not ashamed, Chairperson, of yourselves, endorsing such inhumane living conditions?

Black people live in skwalas [squatters], under your watch.

We will remember you for what you are, Chairperson, sell outs, the day you are no longer in this world.

Thank you.
Thank you.

The CHAIRPERSON OF THE NCOP: Thank you very much, Mokause.

No, but, just to say that the abuse of the platform to say all sorts of things and so on, really does not assist this House UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 39 to run its own business.

I’m just noting that, as you conclude.


Ms C Q MADLOPHA (KwaZulu-Natal): Hon Chairperson, hon Deputy Chairperson, hon Minister of Justice and Correctional Services, hon members and all fellow South Africans in the virtual platforms, we greet you this afternoon, we are aware that some in this House and somewhere around the country still get a confounded whiteism futon for the government for the people by the people to commemorate the Sharpeville massacre.
Since our democratic breakthrough in 1994 the ANC government has enacted new legislations and policies to ensure that the ideals of the Freedom Charter are realised.

Day by day we continue to mobilise a South African behind their own development to ensure that indeed South Africa belongs to all who live in it, black and white.
Having experienced the brutality of the apartheid government, we hold the view and act daily in a manner consistent with the understanding that a central question of South African policy is how the muscle of the people fought against the evil system side by side with the ANC, PAC, AZAPO and many more other progressive forces.
UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 40 The Human Rights Month give us an opportunity to remember and owner those who make it possible for us to achieve freedom and democracy.

We speak of freedom today because of the courageous men and women who marched in Sharpeville and Langa on 21 March 1950 for the total abolishing of the pass laws.
It was a day where 69 Africans patriot were brutally massacred as the hon Minister has indicated as well as more than 180 protesters who were injured in Sharpeville treated as Saruman and the cheap source of labour.

Their human rights were violated and their lives cut short for demanding to be treated with dignity and fair ...

[Inaudible.]

... Their sin was to demand the abolition of political past system as well as the evil system of apartheid colonialism itself.
Their bravery exposed the brutality of apartheid for the own well to see and united our people unyielding resolve for freedom.

People demanded that apartheid government change its oppressive and inhumane policies.

That movement was also joined by the international community some within our shores stood against those who continued to oppose freedom.
Hon Chairperson, it is a fact that we see people who enjoyed good life under apartheid todays speaking ill of the ANC and people who brought about freedom in this country.

In some UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 41 quarters of this country some people have the audacity to insult the very same government that came as a result of democracy riddle by the ANC.

As a nation, we make many strides in respect of human rights and ensure it became a reality for everyone.
However, the abuse of sexual assault, gruesome murders of women and children, discrimination, abuse of farmworkers and dwellers mean we have not reach our destiny.

As we commemorate the Human Rights Month under the theme: ‘The Year of the Unity and Renewal: Protecting and Preserving our Human Rights Gains’.

At no stage should we forget about the struggle that were way in order for us to gain our freedom.

It is a right for African too to own land.

It is the right of women too to own land.


We stand here today with no fear or contradiction to say a lot has been done by the ANC government to ensure dignity of the people, to ensure that human rights are of them.

But we still have a long way to go.

It is the right for all people of this country to fully participate in the economy.

By radically economic transformation we intend to ensure that the profit of economic transformation is fast-track.
UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 42 We had to see Africans, black in particular, owning the means of production, participating fully in the sectors of the economy and increase in the number of black business that are registered in the Johannesburg Stock Exchange.

As we also celebrated the 25th Anniversary of the enactment of the Constitution, we need to see what good the South African Constitution brought for all people.
The Constitution enshrined the rights of all people in South Africa and affirm the democratic values of human dignity, equality and freedom.

We had to judge that by seeing many of our people not depending on the abusers or survival or employment.

It is our duty as the nation to strive for inclusive socioeconomic development while ensuring that we combat racism, racial discrimination and all related intolerances.
Without any fear or contradiction, hon Chair, the ANC government should continue to remind people where we come from.

We know that power mongers continue to craft strategies hanging against the liberation movement to illegitimise this with some trying to set this country backwards.
UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 43 The founding father of our nation, President Nelson Mandela, put it very clear when he said, and I quote: “To deny people their human rights is to challenge their very humanity”.

One example is before us all, what is happening in the City of Johannesburg today violating the rights of people, the move to fire over 130 workers is a classic example of human rights violation.

This thing must be stopped.


That un-procedural act need to be stopped.

This true violation of human rights to say women who were given employment must now join a huge list of unemployment in this country is really unfair and uncalled for.

Instead of the City to create jobs that everyone is doing, they open to fire the people.

What do you call that?

And the racial approach when they are advertising posts is confirming in our country.
It is imperative that we continue to promote the division, principle and values that inform us that whenever we are and whatever we do, we should ensure that our action contribute to the attainment of a free and just society, the upliftment of all our people and the development of South Africa that belongs to all who live in it.

This is the division of South Africa that is democratic, nonracial, nonsexist and prosperous, a country in which all people enjoy a better life.
UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 44 We have done a lot of work in pursuit of the vision and principles of our liberation movement that has at all times been based on the eight old values of Ubuntu, of selflessness sacrifice and serve in a manner that ensure that interests of the people take precedent over our individual interest.

Hon Chairperson, I truly believe that our government has been working in the true spirit of these important values.
Today we are a nation that values of ubuntu having learn from such giant of our struggle Ma’am Charlotte Machete, Lillian Ngoyi and many more other heroes and heroines of our country.

They always reminded us all human beings are born free and equal in dignity and rights.

As government from 1994, we embarked on policies and programmes directed at pulling the people of South Africa out of the morals of poverty and ensuring that we build a state witch develop and prosperous country.
Our journey continues to transform our economy.

We remain undented arguing that not enough programme has been done make to induce nonracial South Africa that Constitution envisage for.

Our history dictated that we as a nation should rise and UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 45 create society that is truly united, nonracial, nonsexist, equal and prosperous.
We must follow in the footsteps of our heroes and heroines to adopted a principle stands against the apartheid legislation that requires that every indigenous African male above the age of 60 must carry the dompas day and night and to produce it on a demand by the police.

As I conclude, hon Chair, our long history of struggle tells us that there are countless other hundreds of thousands who fell before many more that followed after Sharpeville.
Let us all speak in one voice with regard to ending discrimination and equality in our society.

The notion that our society contain with autonomous mechanism, which will and can activate themselves to produce condition of equality cannot be sustained.
The achievement of the objective of equality in a manner that generate the least conflict required that to use a collegial expression those who are more equal than others in our society should themselves see the realisation of this objectives as being in their own interests as well as themselves joining the struggle to eliminate the apartheid legacy.

Hon Chairperson, I thank you.

[Applause.]


UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 46 Mr M R BARA: Hon Chairperson, hon Minister, hon members and fellow South Africans, good day.

Chairperson firstly, let me say that today we are mourning.

We have lost one of our key icons, a young man Luzuko Koti who worked for the SABC, who passed on yesterday.

IsiXhosa: Wanga umoya wakho ungalala ngoxolo Ndala.

English: Chair, I start off with a quote by Helen Suzman.
I stand for simple justice, equal opportunity and human rights.

The indispensable elements in a democratic society – and well worth fighting for.

The DA prides itself as a party that stands on the values that by all means respect and stand for human rights.

The Bill of Rights is a cornerstone of democracy in South Africa.

It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.
The state must respect, protect and fulfil the rights as contained in the Bill of Rights.
UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 47 In today’s context, it is paramount that when we address human rights, we look at the line between the marginalised society that has been torn apart by poverty, under the stewardship of the current government that currently enriches those that are affiliated to the corrupt system of the ANC to cadre deployment, where the elite is drawn and kind of get all the benefits that are supposed to be benefiting those that are poverty stricken and the hungry.
The central message is that poverty is not necessarily a failure on the part of an individual, but rather caused by the actions or inactions of government which are often exacerbated by structural inequalities in our society.

This in turn requires a more rational approach grounded in respect for human rights.
Poverty is a serious economic and social problem that affects a large portion of the world’s population and manifests itself in diverse forms, such as lack of income and productive assets to ensure sustainable livelihoods, chronic hunger, malnutrition, homelessness, lack of durable goods diseases, lack of access to clean water, lack of education, low life expectancy, social exclusions, discrimination, high levels of unemployment, high rate of infant and maternal mortality, and lack of participation in decision making.
UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 48 The antithesis of all the above is what is required to fight poverty and hunger.

As a country that is rich with history of inequality, we cannot afford to ignore the past and yet we cannot stay in the past.

History will not justify today’s corrupt system that are not unifying us based on our yesterday.
Equal opportunities and skills redistribution is crucial in ensuring that we are all pulling together towards a fair and diverse South Africa.

Poverty erodes or nullifies economic and social rights such as the rights to health, adequate housing, food and safe water and the right to education.

The World Bank Report found that South Africa remains the most unequal country in the whole world.

High levels of inequality and low intergenerational mobility act as a brake on poverty reduction.
As a result, poverty is high for upper middle income countries.

Poverty is consistently highest among black South Africans, the less educated, the unemployed and female headed households, large families and children.

In South Africa, the richest 10% of the population own more than 85% of household wealth, why over half the population have more liabilities than assets.
UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 49 We cannot overlook the impact of the COVID-19 pandemic when looking at the poverty it has caused.

South Africa’s children are at much greater risk of dying from hunger than they are from home.

And that is more evident in most parts of the country.

Nearly seven 7 500 children under the age of five died from hunger each year in our country and more than 50% of the population lives in poverty.
Despite notable gains in poverty reduction post-apartheid, poverty levels have remained consistently highest among women black South Africans, people with disabilities and those living in rural area.

We need to build a country that is safe for all that live in it, irrespective of political affiliation, but by virtue of being human, and in respect of our golden Constitution.

We need to put an end to racial opportunity segregation, and strive on building each other as a country for all.
We can only do that though, through democratic values, opportunity, freedom, fairness, and equality.

By so doing, we would then have entrenched the feeling that everybody is kind of secure under the Constitution of the country.

I thank you Chairperson.


Ms N C RAKGOALE (Limpopo): Thank you so much Chairperson of the NCOP hon Amos Masondo, the Deputy Chairperson of the NCOP UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 50 Ms Sylvia Lukas, members and MECs present here, colleagues and fellow South Africans.
Today’s debate provides an opportunity for all of us to pause and take stock on our journey to deepen a human rights culture and advance especially socio-economic rights to reverse the devastating effects of poverty, inequality and economic deprivation which are the direct consequence of colonialism and apartheid which constitutes the primary focus of my contribution to this important debate.
As the ANC led Government, we have made significant strides in ensuring that we indeed reverse the injustices of the past regime by ensuring that the human rights of all South Africans are protected.

We are continuing to work hard to ensure that the significance of socio-economic rights as an important pillar of human rights to redress the global challenge of poverty is realized.

Over the past 28 years, the country has made significant progress in tackling poverty and deprivation.
The ANC led government has built houses, hospitals and clinics.

We have implemented universal basic education and free higher education.

Most of our people have access to decent water, UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 51 sanitation and electricity in their homes.

Society’s most vulnerable are supported by an extensive social welfare system.
As an MEC responsible for the Social Development, I can confirm that every month over 46% of the population receive a form of social grant.

This is indeed an indication that we are a government which is determined to ensure that it services its people as demanded by the Constitution.
Hon members, as we are all participating in this important debate, let us be inspired by the profound words of former President Nelson Mandela when he addressed the joint sitting of the Parliament during the occasion to celebrate the ten years of our constitutional democracy when he stated, and I quote: “Let us never be unmindful of the terrible past from which we come - that memory not to keep us shackled to the past in a negative manner, but rather as a joyous reminder of how far we have come and how much we have achieved.
The memory of a history of division and hate, injustice and suffering, inhumanity of person against person should inspire us to celebrate our own UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 52 demonstration of the capacity of human beings to progress, to go forward, to improve, to do better.” This year we are commemorating Human Rights month under the theme: “The year of unity and renewal, protecting and preserving our human rights gains”.
It is during this time when we are paying special attention and honouring those who made it possible for us to achieve the freedom and democracy we are all enjoying irrespective of race and culture.

They include brave men and women who marched in Sharpville and Langa on the 21st of March 1960, for the total abolition of the pass laws.

The previous regime used its power to show its arrogance and perpetuated the heinous act and committed the massacres.
We celebrate these historic milestones in honour of the sacrifices made by our heroes and heroines of the liberation struggle.

Through their bravery at that time, the international community was able to pressurize the then apartheid regime to introduce reforms in our country.
UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 53 Hence it is very important that when we celebrate days like this one, we should appreciate and honour human rights as enshrined in the Constitution of the Republic of South Africa.
Delivering his provincial Human Rights Day message yesterday, our Hon Premier Chupu Stan Mathabatha said the following and I quote: “For the past 27 years of democracy and freedom as South Africans and the people of Limpopo, we are successfully ensuring that we work together to address the legacy of our divided past.
We are working together to build a country that is envisaged in the National Development Plan.” As we recall the founding principles of our freedom, we are reminded to always embrace a country which belongs to all who live in it, especially women and children.

Hon members, I must indicate that we will never fully celebrate human rights when the vulnerable groups of society, particularly women and children are still abused and killed.
These are the people who in most instances are abused by men who are supposed to care for and protect them.

Some of them UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 54 die with protection orders in their hands.

I reiterate government’s call for a well-coordinated societal effort towards a total fight against women and children abuse.

The human rights commemoration will not have achieved its intended goals if our women and children still live in fear.
Their fear translates into violation of their human rights and as society, we must stop the talk and act against the pandemic of gender based violence and femicide.

We are all reminded that women’s rights are human rights that must be protected at all material times.

Our Constitution makes it clear that all people must equally enjoy their rights.
Just yesterday, when President Ramaphosa was delivering his human rights message said the following and I quote: “Our Constitution calls for the advancement and protection of human rights for all.

It does not matter whether they are men or women, adult or child, rich or poor, landed or landless, urban or rural dwellers, earners or unemployed, workers or employers, citizens or non-citizens.
The Constitution obliges the state to UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 55 protect and uphold these rights and to ensure that everyone’s basic needs are progressively met.” I must also take this opportunity to appreciate one of the Chapter 9 institutions, which is the Human Rights Commission which oversees the protection of the rights of the all the citizens of the country and all who live within the republic.
Just on the 3rd of this month, I met with the South African Human Rights Commission’s Deputy Chairperson Fatima Chohan on behalf of Premier Chupu Stan Mathabatha in Polokwane.

The Commission came to our province to lobby stakeholders such as faith-based organizations, traditional authorities, courts as well as the provincial government to pledge solidarity and join hands in the fight against poverty and inequality, while creating social cohesion and nation building.
We then highlighted the effects brought as a result of the scourge of gender based violence and femicide, substance abuse, teenage pregnancy and other social ills.

We have since committed that Limpopo province is ready to work with the SA Human Rights Council, SAHRC to promote good values in our society, non-racialism and moral regeneration through government programmes.
UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 56 This as the commission is continuing with its solidarity awareness campaign across the country to ensure unity, social cohesion, moral regeneration and Ubuntu to create a conducive environment for all people to enjoy their rights.
On behalf of government, we really appreciate this initiative, as it will go a long way in assisting us to deal with social ills that are having a direct impact on the lives and the wellbeing of the people.

We must be a society where quality health care, education and basic services are provided to our people regardless of whether they live in a village in a town or a city.
Above all, we must be a society that recognises the dignity of every individual, and the role of every man, woman and child in building a better future as it’s a promise of our Constitution.

As our government is working to rebuild our economy and our society, we must strive to make this promise [Time expired.]

Thank you, hon Chairperson.


UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 57 Mr N M HADEBE: Thank you hon Chair and the Minister of Justice and Correctional Services, MECs and colleagues.

Hon Chairperson, the fight for recognition of fundamental human rights came at a great cause for South Africa.

Many people dedicated their lives to one day see a government that would place humane rights at the top of its agenda.
On the 21st of March we pay homage to those South Africans who stood for human rights yet needlessly lost their lives to the people that openly displayed hatred of fellow human beings.

We must always reflect on this particular incident, the Sharpeville massacre as a reminder to not become complaisant nor take for granted the fight for a constitutional democracy.

While some may toy with ideas of change, we know that our elders had wisdom in their hunger for democracy.
They recognised the need for a democratic system that guarantees the right to participate politically and equally towards a progressive observation of human rights for all.

The global Covid-19 pandemic has shown us more than ever how important the guarantee of fundamental human rights is.
The absolute need for individuals empower to be held accountable UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 58 and how critical it is to ensure that checks and balances on government power is maintained.

We cannot go on accepting a gentleman’s agreement that corruption will be taken seriously.
The current administration expects dealing with corruption as it frequently passes the bark onto the arms of the state yet, what South Africa needs more than ever is a morally led government that does not take kind to corruption.

A typical case in point came about when the whole world was left vulnerable to the Covid-19 pandemic.

The time when our individual rights and freedom were severely restricted.
During the early stages of the Covid-19 pandemic, no actual case was made for the shortcomings of human rights in our society.

The entire country was subjected to the suspension of their human rights by means of harsh lockdown regulations, section 21 of the Bill of Human Rights.

The fragility of our health system was exposed and proved to be inadequate in contradiction of section 27 of the Bill of Rights.
The multi-layered need for a safe environment in UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 59 section 24 of the same Bill exposed huge shortcomings in observing the requirements for, I quote: “An environment that is not harmful to their health and wellbeing.” The right to sufficient water and food in section 27 of the Bill of Rights as many rural schools, dwellings and areas suffer the effects of Covid-19 simply because they could not access safe water for sanitation In contrast, we find that government Ministers through shady vibes contracts are allegedly implicated in sucking money away from the poor, away from efforts to access our human rights and stand by to allow people like these to continue to be popular figures in our communities.
The Covid-19 pandemic has shown us how easy it could be for a government to abused human rights and replace it with rampant corruption.

As country citizens, regardless of our differences we must actively join forces no matter the personality or wealth in taking to heart the effects corruption has on meeting our human rights.

Whilst dealing with corruption is UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 60 not a silver bullet.
It goes a long way in realising human rights for all.

In closing, the IFP honours the men, women and families who fought for the liberation of our country.

We commit ourselves to join with local communities in always fighting for equal human rights.

I thank you hon Chairperson.


Mr F V MLOMBO (Mpumalanga): Hon Chairperson of the NCOP, let me extend my greetings to you, the Minister of Justice and Correctional Services, the hon Lamola, and to all hon members who are permanent delegates and all my colleagues who are special delegates from the different provinces, distinguished guests, ladies and gentlemen.

Hon Chairperson, I am happy to participate in this debate that takes place immediately after we have celebrated the Human Rights Day, yesterday.
This debate is guided by the most profound and relevant topic which is, “The Right to Equality - Reducing Poverty and Inequality.” I want to argue that our country has achieved a lot in defence of the human rights of the people of South Africa.
Hon Chairperson, today we celebrate this day with our heads held UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 61 high and our faces beaming with confidence, because of the progress that the ANC-led government at both national and provincial and local level has achieved in just less than 30 years.

Today the nation is enjoying their right to cast their votes and elect a government of their choice.

A right which was highly impossible during the apartheid era.
Yes, Chairperson, the ANC has respected its pledge which it has made in 1955, when the Freedom Charter was adopted.

When it said that the people shall govern, when it said that the land shall be shared amongst those who work it, that the doors of learning and culture shall be opened to all, that there shall be houses, security and comfort, that all shall be equal before the law and that the people shall share the country’s wealth.
Hon Chairperson and hon members, where in Africa and the world have we seen a government achieving what the ANC-led government has achieved in South Africa?

Where in Africa and the world has any organisation been able to build million and millions of houses for the poor and the vulnerable in just UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 62 less than 30 years, compared to what we have seen in South Africa being done by the ANC-led government?
Where in the world have we experienced the improvement in terms of the school children, the number of children attending schools and receiving free education and the millions of children receiving meals at schools in a just a period of less than 28 years?

Our government has introduced a lot of institutions in this country to ensure that we comply and conform by the call of the Freedom Charter that the people shall be equal before the law.
The ANC-led government has introduced a lot of institutions whose objective is to ensure that they empower the people of this country and they make them to feel and experience that they are in fact equal before the law.

Hon Chairperson, today, millions of South Africans are benefiting from the social security network which is part of the respect of their human right.
Millions and millions of the people of South Africa, especially the poor and the most UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 63 vulnerable receive basic free health care services as provided for by our Constitution.
Today, the implementation of the National Health Insurance, NHI, is at an advanced stage and that is aimed at ensuring that we increase the number that is the millions and millions of the people that are receiving basic, affordable and accessible health care services in our country.

The rights of the workers and the most vulnerable in our society are today protected by a number of legislation whose objective is to ensure that we defend the human rights of our people and reduce poverty and inequalities.
Hon Chairperson, all the above achievements are protected by a progressive Constitution that is transformative and whose objective is to facilitate change in political, economic and social relations in South Africa.

It is a constitution that promotes democracy, the rule of law and the protection of human rights.

It is a Constitution that celebrates the richness of the diversity of our culture, our religion and the beliefs of South Africans.
It affirms that UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 64 all belong as equals as a one nation and as a South African nation.

It is a Constitution that commits the state to respecting, protecting, promoting and fulfilling the rights as enshrined in the Bill of Rights in our Constitution.

It is a Constitution that aims to transform our society from one that is based on the injustices and strive to the one that is based on justice and peace.
Yes, it is a Constitution that we are proud of that protects the human rights that we are talking about here today.

It is a Constitution whose aim is to ensure that the livelihoods of our people is improved to be better.

It is a Constitution that deepens the culture of democracy and human rights by establishing the Chapter 9 and Chapter 10 institutions, to ensure that the human rights of the people of South Africa are in fact defended.
We cannot ask for more, because the ANC-led government has delivered to the people of South Africa as promised in a number of policy documents.

UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 65 As part of defending and consolidating the human rights of the people of Mpumalanga, because I am from there, let me indicate that the ANC-led government in Mpumalanga has declared a war on poverty.
For we believe that no person can feel protected, no person can have dignity if they suffer from poverty and malnutrition.

We ensured that there is service delivery in municipalities because we understand that the rights and dignity of the people can only be achieved if they get those services that they are supposed to get.
We have implemented a radical programme, to ensure that we grow our economy and create jobs for the people of Mpumalanga because we understand that their dignity will only be justified if they have jobs and opportunities.

We have begun with the building of two new cities in Mpumalanga.

The first city is over after the 1994 democratic breakthrough.

In this financial year, the people of Mpumalanga will experience dust going up.
The ANC-led government building for them and establishing two new cities after the democratic breakthrough.

We have made a commitment during the state of the province address that as part of respecting the rights of UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 66 the people of Mpumalanga, we are going to deliver the first ever tertiary hospital in our province.
So, hon Chairperson, when the sun rises, the people of Mpumalanga are hard at work to deliver a better life for all.

As I close, we want to make a recommitment that we the people of South Africa recognise the injustices of our past and believe that South Africa belongs to all who live in it, black and white, united in our diversity we shall respect the human rights of the people of Mpumalanga and South Africa.

Thank you very much, hon Chairperson and my colleagues.

[Applause.]
[Applause.]

Ms T P MAMOROBELA: Thank you, hon Chairperson ... Tshivenḓa: ... Mudzulatshidulo wa NCOP, Muthusa Mudzulatshidulo ... English: ... the Chief Whip of the NCOP, Ntate Mohai ... Tshivenḓa: ... Minisiṱa vha re hone Vho Lamola ... UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 67 English: ... Members of Parliament, permanent delegates and colleagues.
Chairperson, we celebrate 28 years of our hard-won democracy under very challenging times when millions of our people are unemployed and living in poverty.

Although the ANC has made substantial advances over the past 28 years to transform the lives of our people, a lot more needs to be done.

Many of the structural and systemic features of our economy have not fundamentally changed.
The ANC has received a mandate from the vast majority of South Africans to transform our economy in the interest of South Africans.

Our country is rooted in human rights and fundamental freedoms.

The right to vote and to participate in the national life of the country has been won after a protracted struggle people laid their lives for.

Apartheid’s social engineering, in conjunction with the global economic order has resulted in South Africa being one of the most unequal society in the world.
The Wealth Insight’ study shows that 86% of ultra-wealthy individuals are previously advantaged white South Africans.

The majority of those who are UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 68 poorest are those who were previously disadvantaged, yet substantive equality is enshrined in our Constitution.
Human rights and socioeconomic rights are interrelated; one can only fully enjoy the benefits of freedom in a democratic society if one is socially and economically emancipated.

Socioeconomic transformation is therefore central in giving practical expression to the fundamental human rights enshrined in our Constitution.

Significant strides have however been made in improving the quality of life for millions of our people, particularly the black majority.
The ANC-led government has been hard at work to give effect to our people’s rights to education, housing, to basic services and health care.

Government has advanced progressive policies to return land to millions of our people who were disposed by apartheid, and to transform our economy so that it benefits all.

At the same time, we know that significant challenges remain.
COVID-19 pandemic has significantly eroded the developmental gains we have made as a nation, and pushed millions of people into unemployment and worsening poverty and food insecurity.

UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 69 The struggle for the total liberation of blacks in general and Africans in particular has not ended.

As Amilcar Cabral said: Always bear in mind that the people are not fighting for ideas, for the things in anyone’s head.
They are fighting to win material benefits, to live better and in peace, to see their lives go forward, to guarantee the future of their children.

In a society with deep social and economic divisions, neither social nor economic transformation is possible without a capable and developmental state.

The state provides the institutions and infrastructure that enables the economy and society to operate.
It is important for the state to play a leading and intricate role in directing growth in the economy through, amongst others, industrialisation and infrastructure investment.

This enables the private sector to be crowded in and create the necessary jobs and development.
There is no developing country in the world that has left the task of socioeconomic transformation and development to the whims of the market; it is through public spending and investment by the state that the environment for the private sector to play a defining role is created.
UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 70 The ANC-led government is building a developmental state in order to successfully restructure public finances, create an effective tax system, dramatic improvement in service delivery and increasing access to higher education for the poor and working class.

Significant investments are going into the revitalisation of industrial parks and the establishment of Special Economic Zones, SEZs.
In excess of R30 billion in investments have already been made for this purpose.

This will give impetus to the resuscitation of our manufacturing industry and expand value chains which will effectively intensify our industrialisation capacity and in the process create jobs, reduce poverty and diversify our economy.

There are always challenges in the implementation of progressive policy.

There will always be contending forces who wish to see the status quo remain.
We believe we shall emerge victorious in this struggle for the transformation and reconfiguration of our society to ensure that it is more inclusive.

A fundamental shift in our growth trajectory and building a capable developmental state will be achieved only through UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 71 transforming the structure of the economy.
Operation Vulindlela was established as a joint initiative of The Presidency and National Treasury in October 2020 in pursuit of this imperative.

Its aim is to support departments and entities to accelerate the implementation of reforms that will unlock growth and create jobs.

Five priorities will drive this transformation.


These five priorities include: Firstly, energy which will ensure that there is competition in electricity generation, with adequate supply to meet demand, and bringing an end to load shedding.

The independent grid operator will buy electricity at the lowest price from Eskom and private generators.
Secondly, improving and developing our freight logistics system which will make the sector more competitive and efficient, which will have the result of more jobs in export industries, lower costs for all of the goods that we buy, and less congestion on our highway.

Thirdly, the release of spectrum will reduce data costs, increase broadband speed and quality and expand network reach across the country, including in deep rural areas.
The successful auction of spectrum took place just this month within the deadline set by the President in his 2021 Sona.

UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 72 Fourthly, to develop stronger institutions in the water sector to improve maintenance of our water infrastructure, fewer disruptions to water supply, and long-term water security in the face of climate change.
And lastly, the reforms to the visa system which will ensure that we can access skills and resources that our economy needs while protecting and increasing the employment of South Africans, especially in low-skilled and semi-skilled work.

The ANC is hard at work to bring about the necessary structural changes to our economy in order to create a more inclusive economy and planting the seeds of growth in the soil of consensus to yield the fruits of jobs and opportunities.
Our economy however remains highly concentrated with a few monopolies and oligarchies dominating the commanding heights of our economy.

This is mainly due to the fact that the apartheid regime actively promoted national champions in different sectors by developing industrial state-owned enterprises, monopolies and agricultural co-operatives that were later privatised and condoned industry cartels which protected the self-sufficiency and economic interest of a small minority.
This has created barriers to entry and UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 73 decreased participation by Small, Medium and Micro Enterprises, SMMEs, in the economy.

According to the Competition Commission, out of a sum total of 144 sectors in our economy, 69,5% are highly concentrated with 40% being moderately concentrated and only 9,7% of sectors being unconcentrated.

This is a real cause for concern.


It is imperative that government, the Competition Commission and other sectors of civil society work hard to break up monopolies and the high levels of concentration and low levels of participation in the economy.

We further have to provide SMMEs with the necessary support to ensure their growth and sustainability.

The implementation of Native Lands Act of ...

The CHAIRPERSON OF THE NCOP: Please, conclude, hon member.

Ms T P MAMOROBELA: ... dispossessed ...


The CHAIRPERSON OF THE NCOP: Sorry.

Yes, hon member, you have 15 minutes.

Ms T P MAMOROBELA: Yes.

UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 74 The CHAIRPERSON OF THE NCOP: You have five more minutes.

Ms T P MAMOROBELA: Yes, Chairperson, thank you very much.
The implementation of Native Lands Act of 1913 that dispossessed black indigenous South Africans of their land, fermented the solid socioeconomic injustice that lives with us today.

Scholars across the board are in agreement that the effect of this piece of legislation was devastating for blacks and its effects are felt to this very day, more than a century later.
The ANC government has made significant strides to redistribute land to dispossessed black South Africans to correct this injustice, however this has been far from adequate.

Not enough productive land has been transferred into the hands of black farmers and producers.

Support programmes for new farmers have largely been ineffective.

It is important to help naysayers and prophets of doom understand why land redistribution is important for creating an inclusive economy.
In general, growth in agriculture is two to three times more effective at reducing poverty than an equivalent amount of growth generated outside agriculture.

The advantage of agriculture over nonagriculture sectors in reducing poverty is largest for the poorest in the society and UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 75 ultimately disappears as countries become richer.
Growth in agriculture can also extend to other welfare outcomes such as food insecurity and malnutrition.

Radical land redistribution is needed now more than ever as it will give impetus to accelerated participation in agriculture and agro-processing value chains as this is one of the crucial economic sectors to transform the economy through sustainable employment creation, business opportunities, investment attraction and growing our export base.
We have to ensure that there are effective programmes to improve and increase training and support measures that will ensure the success of beneficiaries of land reform.

Transformational imperatives are imbedded in our Constitution.

Section 217 of the Constitution places an obligation on the state to pursue policy and legislation that seeks to correct injustices of the past.
Since the promulgation and implementation of our broad-based black economic empowerment, BBBEE, polices, we have been able to open opportunities for many previously disadvantaged individuals.

The black middle class has increased substantially since the dawn of democracy.

Much more needs to be done to transform the racial character UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 76 of our economy to make it more inclusive and reflective of the demographics of our country.
State procurement should be enhanced as an empowerment lever as it represents a significant market for businesses, particularly small enterprises, and should be viewed as a key instrument for empowering emerging black businesses.

It would be remiss of me if I did not address the implication of the Constitutional Court judgement on the Public Procurement Regulations of 2017.
It must be understood that the judgement has not done away with our black empowerment policy or preferential procurement legislation or procurement policy as many would want us to believe, the court pronounced on the importance of empowerment and transformational legislation as effective tools to realise the objectives of section 217 of the Constitution.
The court determined that the power to determine preferential policy rested with organs of state and not the Minister of Finance as per the prescripts of Preferential Procurement Policy Framework Act.

Our organs of state should continue determining procurement policies that empower black-owned enterprises.
UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 77 As the ANC, we will not waver in fulfilling our historic mandate of changing the lives of our people and transforming the structure of our economy.

The dawn of COVID-19 on our shores has undermined the gains we have made thus far and compounded the challenges of our country.
Another challenge confronting us is a concerted effort to undermine and derail our democratic … violence and disruption, as well as attacks on both public and private infrastructures.

These attempts are an insult to those who laid down their lives for the ...

[Inaudible.]

... in our Constitution.

We cannot allow this to continue.

As I conclude, we call upon all patriotic South Africans to support government in defending the gains of our democracy and advancing socioeconomic transformation.
I thank you, Chairperson.

[Ndo livhuwa, Mudzulatshidulo] [Applause.]

Ms S G FERNANDEZ (Western Cape): Hon Chairperson, hon Minister, all MECs, special and permanent delegates to the NCOP, members of provincial legislatures, representatives of local government, members of the [good morning] media and fellow South Africans, good morning, “goei more” “molweni” [good morning] and “As-Salam-u-Alaikum” [good morning].
As I UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 78 reflect on the Human Rights Day that has passed, and the personal sacrifices that so many people made in pursuit of South Africa’s freedom, I realised that we are not short of courage in this beautiful land.

It exists in every family, community, village and town.

Yesterday’s celebration of the Human Rights Day was a bit sweet one for many South Africans.
Hon Chairperson, for a long time South Africa had set to avoid the political chaos that preyed many African countries in the postcolonial era.

However, that exceptionalism came at a cost.

It allowed the ruling ANC party the liberty to indulge in profound denialism and created a narrative of stead progress even as corruption engulfed its ranks and its government continues to fail on delivering basic services to the poor.
It is hardly a surprise that more than a quarter of municipalities are nearly bankrupt and state-owned entities are struggling due to corruption and poor governance.

What is more concerning is that billions of rands allocated to the COVID-19 response and relief efforts were plundered through dubious procurement practices.

Citizens understandably are livid and anger is pouring out into the streets.
UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 79 We find that under the leadership of our current national government work opportunities are far and few between within estimated 56 million South Africans living below the poverty line according to the World Bank report.

Currently, 9,9 million people do not have jobs.

They have given up hope of finding a job.


In order to address the pandemics of unemployment, poverty and gender-based violence, amongst others, we need a capable state.

In the Western Cape we do things differently.

Under the leadership of Premier Alan Winde the Western Cape government adopted a recovery plan last year in promotion of the rights and dignity of citizens living in the Western Cape.
Working day to day to address the COVID-10 pandemic and doing our best to keep our residents safe from its devastation, we quickly concluded that we needed a responsive plan.

Consequently, we formed new partnerships with civil society in the wake of the myriads of negative impacts of COVID-19 and appreciated a new importance of partnership, especially public-private partnership.

We came to the conclusion that our strategy was as valid as before.
Malnutrition in the province existed before COVID-19 only it is now more severe and requires even more of our UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 80 focus.

Unemployment was always a challenge.

We were determined to confront and we are now having greater determination.

Crime and violence were intolerably high and needed to be tackled.

With expectation that it is going to become worse, we are even more determined than ever to address it head-on.
This plan is a recognition of and the response to these pandemics.

It identifies the problems that require an urgent whole of society response in order to create jobs, faster safe communities and promote the wellbeing of the residents of the Western Cape.

It is being pursued with the same energy and collaborative approach that created the coalition that came together to fight the dreaded coronavirus.

The recovery plan is based on four equally important themes.
The first theme being COVID-19 recovery as the pandemic is still with us.

Our second theme is safety.

This is the overarching theme for the provincial strategic plan and it is equally relevant going forward as it is indestructibly linked with wellbeing.

Safety cannot be achieved if basic human needs are not met.

When we set out to implement the Western Cape government safety plan with both boots on the ground was the only one of the plans.
We of course need more law enforcement officers in crime hot spots especially given the national government’s UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 81 under resourcing the province.

But we also need violence prevention interventions that prevent violent crime from happening in the first place.
We are the only province to establish a violence prevention unit within the Department of Health which provides evidence that is database to support our efforts to fight crime in the Western Cape.

The third component of our recovery plan is jobs and economic recovery.

The economic impact of COVID-19 has been severe.

We can only recover if our economic growth and its citizens are able to generate and income.
The significant job losses during the pandemic has meant that this genetic balance has been damaged and many other areas that determine progress has worsened because of it.

During Premier Winde’s state of the province address he quoted the following: Our single biggest priority in the year ahead must to be to create an environment where private sector creates jobs and lots of them.
We must fight back against our pandemic of joblessness because a job puts food on the table, a job keeps a child in school, a job keeps a young UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 82 man off the streets and out of the gang and a job can mean a happier, healthier and longer life for you.
The Western Cape government has prioritised infrastructure-led job employment over the Medium-Term Expenditure Framework, MTEF, which will inform the basis of tackling safety and improving the wellbeing of citizens of the Western Cape.

Our fourth component of our recovery plan is that of wellbeing.

The government must ensure that the basic human needs of its citizens are realised as guaranteed in the Constitution.

A concept that is central to the above four themes is dignity.
The citizen is at the centre of everything that we do as government, that we deliver and how we deliver it.

We must uphold the dignity of every individual household and for members of the community.

The wellbeing and dignity work stream has established within various working groups and in the interest of time I will mention just a few of the key ones.
We have established a gender-based violence work stream to address the scourge of gender-based violence that has spiral out of control as the justice system fail many victims.

We saw the debacle with the DNA, we see a rape kits or a lack of rape kits at police stations and so I can continue.

UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 83 We have established a provincial faith-based forum which plays an integral in connecting our whole of society approach.
We have established a dedicated youth forum to focus on the needs of youth and especially the needs of the youth not yet in employment.

To address poverty and malnutrition we have established a working group that focuses on nourish to flourish.

This working group is led by the Department of Agriculture.

It works very closely with the economic development partnership, EDP, which is led by Professor Andrew Boraine.

That is the Western Cape food forum.


The food forum embraces all of the civil society and is the connect between government and civil society.

Food and nutrition insecurity are growing threats to our democracy.

The NOTcam findings have shown that increase levels of household food insecurity that began with COVID-19 are likely to persist over the medium-term.
Whilst hunger is the symptoms of the jobs crisis, malnutrition and poverty can’t be solved without addressing the food system and how it is shaped by other key systems.

In our dignity and well grew are being work group, the food forum acts as the link.

They meet every UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 84 second week.

They have launched a new slitter.

We have engaged key ...


In an effort to conclude, I would like to address the hon Minister through you Chair and all hon members on the platform to say that to address the basic needs as enshrined in the Constitution we must act swiftly and decisively to address corruption because it is corruption that is depriving our citizens of their basic rights as enshrined in our Constitution.

I thank you.
I thank you.

Cllr F MABOA-BOLTMAN (Salga): Thank you very much, hon W Ngwenya, for the opportunity, let me quickly get to my speech here.
Hon Chairperson, Baba uMasondo and hon Deputy Chairperson of the NCOP, hon Mme Sylvia Lucas, the hon Minister R Lamola, the hon Chief Whip of the NCOP, hon MECs and delegates from all provinces, hon House Chairperson Committee and Oversights, hon House Chairpersons, members, support and IR, hon permanent delegates, hon special delegates, and fellow South Africans, good day.

Salga appreciates the genesis to freedom and attainment of democracy in South Africa.
Through many mechanisms and for this day’s purpose, I would site peaceful resistance in a form of protests, marches and demonstrations with masses mobilised UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 85 into action by lived experiences daily from an unjust apartheid system that terrorised them and undermined their very fundamental human rights and dignity.
The hallmark of such was the Sharpeville massacre on the 21 March 1960 that saw 69 people, including women and children murdered in cold blood and 180 of them wounded.

They were unarmed and defenceless.

This because of a simple, peaceful demonstration for a free movement in the country of their birth in protest of compulsory carrying of ... IsiZulu: ... amapasi.

Ngithanda uma niyibiza kanjalo, amapasi.


English: The Human Rights month is commemorated to remind South Africans about the sacrifices companied the struggle for the attainment of democracy in South Africa.

We reinforce our commitment to the Bill of Rights as enshrined in our Constitution, guided by the theme for Human Rights Day of 2022, the freedom of movement and residence.

These rights, Chairperson, Mme Ngwenya, includes equality.
Everyone is equal before the law and has the rights to equal protection and benefit of the law.

Human dignity - everyone has inherited dignity and have their dignity respected and protected.

UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 86 Freedom of movement and residence - everyone has a right to freedom of movement and to reside anywhere in the country.
Language and culture – everyone has a right to use the language and to participate in the cultural life of their choice.

I have heard earlier someone was reading a speech and at the end of that speech she spoke in Afrikaans and I mean that is also the right.

Life - everyone has a right to life.

Whether we are at the workplace within the committees, at school or with our partners and children, we all need to demonstrate the kind of responsibility that we would like to see in our country’s future.
We need to intensify the implementation of these progressive policies in order to achieve the ultimate objectives of genuine socioeconomic transformation.

The government has identified the triple challenges of poverty, inequality and unemployment as a militating and aid against the improvement and upliftment of the lives of our people for the better.
The fact that many people, especially young people in the group of the historical disadvantaged communities remain unemployed and therefore not active in the mainstream economy is a serious indictment of our political system currently.

We need to UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 87 ensure that the country’s economy can embrace the diversity of skills and the competencies that our people possesses.
We call on all South Africans to use the Human Rights month to foster greater social cohesion, nation-building and a shared national identity.

It is our duty as a nation to strive for an inclusive socioeconomic development while ensuring that we combat scourges such as racism, racial discrimination, xenophobia and all related intolerances as well as gender- based violence and femicide, which are undermining our human rights culture.
Gender equality is a fundamental human right that we should never fail to emphasise.

That women’s rights are human rights.

Sustainable development goal No 5: Gender equality - it says achieve gender equality and empower all women and girls enjoins all of us to account for the achievement of the all indicators for the achievement of this goal.

Hon Chairperson, as guided by the House topic for today: The right equality reducing poverty and inequality.
We should all accept that there can be no proper enjoyment of freedom and human dignity while some in our population are ravaged by poverty brought about the inequality, distribution of economic resources of our country.

We have opulence side by side, the worst form of UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 88 lack and abject poverty.

We need to find better ways to spread resources and rescue our people from the inhuman conditions under which they live.
Chairperson, it is our duty as government in partnership with the private sector to double our efforts and bring about conditions for an inclusive economy and reduced social equality gap.
The social package that is composed of government support to deserving citizens, inclusive of the social security grants for the elderly, the people with disability, the children, the unemployed, the military veterans, the free access to health care services inclusive of the maternity pre and post-natal care, the free education system - many have touched on the education system -from preprimary to matric, support in tertiary education through NESFAS, the Expanded Public Works Programs, the internship and exposure to work support programmes, the access to free basic services to indigent households, Salga believes that all this work close to inequality gap.
In the local government space, we continue to deal with challenges of migration, internally to cities, resulting in rural areas getting lower funding allocations relative to the population size, with the same population migrating homes UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 89 during holidays and demanding services from the municipalities.
A funding allocation to a local government sphere remains a challenge with an expectation of revenue generation that is not happening as anticipated.

Chairperson, the migration management across the international borders also brings similar challenges where unregistered immigrants flood cities and communities and results in pressures on the delivery of basic services.
We remain committed to work through all intergovernmental relations platforms, to tackle these challenges and bring about solutions to close the inequality gap and reduce poverty, of cause.

The DDM one sector plans are a vehicle to pull in all government resources together to deliver to the needs of our communities.
Our strategic focus as Salga for the next five years is driven from the following six pillars or six priorities: The first one is people centred governance, innovation solutions, reputable local government, effective, engaged networks, inclusive social, economic returns and the last one a developmental local government for global competitiveness.

We wish you all South Africans a happy Human Rights month.

Thank you, hon Chairperson.

I thank you.


UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 90 Mr M A P DE BRUYN: Hon Chair, Human Rights Day 2022 was an insult to the citizens of a large part of the free state, especially in the Mangaung metro were citizens was and still are without water going for 5 days’ now, undermining their basic Human right to have access to clean water.
In the Kopanong municipality water has been restricted to 30% for the past 9 weeks, leaving most of the community without any water due to non-payment from the municipality to the water board.

In Dewetsdorp, the community is constantly struggling with water supply for more than seven years already and counts themselves lucky if there is water for more than two straight days.

Clearly this is an insult to basic human rights.


If we look at the of the Human Rights Act that states that everyone has the right to a clean and safe environment, one can’t help but wonder how this Act is interpreted by government.

It must obviously be misunderstood, if we look at millions of litres of raw sewage running down our streets and into our rivers and streams all across South Africa, polluting and destroying our environment for the next generations.
As far as safety is concerned, we all know the state of crime in South Africa where murder, rape and violent crimes have become the order of the day, and part of our day to day UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 91 living, as a result of a poor and nonfunctional police service.
Afrikaans: In plaas daarvan om Menseregte Dag as ’n politiese speelbal te gebruik het, sou ons graag eerder wou sien en hoor hoe die ANC-regering van plan is om hierdie probleme aan te spreek en te verseker dat basiese dienste gelewer word, sodat almal in Suid-Africa hul basiese regte kan geniet.
Soos ouder gewoonte, verskuif die ANC eerder die fokus weg van hul eie onvermoë om basiese dienste te lewer en menseregte te bevorder en word daar op geïsoleerde gevalle in die verlede gefokus, waar rassehaat eerder bevorder word in plaas van menseregte.
English: Yesterday, President Ramaphosa used the incident of Skielik, where a shooting took place by a white man in 2008 as an attempt to shift the focus from the ANC’s incompetence, and to create racial tension in South Africa, instead of addressing the issues and shortcoming of government, to ensure that all in South Africa can one day enjoy basic human rights.

I would like to say to the President and to the ANC that living and hiding behind the past will get you nowhere.
UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 92 Blaming the past for your incompetence will get you nowhere and fuelling racial tension to hide your inability to govern South Africa will get you nowhere, but instead makes you a racist.

Human Rights Day 2022 was a reminder to all South Africans that we unfortunately do not have the luxury to enjoy basic human rights in South Africa.
It was a reminder that government and the ANC, as usual, put their own needs and agendas before the needs of the people.

It was a reminder that we have a government that prefers living in the past, instead of creating a future and most all, it was a reminder that no South African will truly have the pleasures of human rights as long as the ANC governs.

Thank you.

Mr M NHANHA: Hon Chairperson, hon Minister, hon members and fellow South Africans, colleagues, freedom was not free.
Many South Africans lost their lives and limbs for me to enjoy the fruits of their sacrifices.

I have no doubt in my mind that all those who paid with their lives are now turning in the graves for what our country has become.

Neither effort nor energy must be spared in honouring them.

Statues, memorial gardens and hero acres can never be enough.
UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 93 We must honour them by providing basic human rights such as clean water to those they bequeathed freedom.

Our daily deeds as ordinary South Africans must produce an actual South African reality that will reinforce humanity’s belief in justice, strengthen its confidence in the nobility of the human soul and sustain all our hopes for a glorious life for all.
Never, never and never shall it be that this beautiful land will again experience the oppression of one by another, and suffer the indignity of being the skunk of the world.

This is Nelson Mandela’s words during his inaugural address as President of a democratic South Africa.

As the country, we need to have a hard and honest look at ourselves, as to whether we have not become the skunk President Mandela warned about.
As we all probably know, and a lot of speakers before me have spoken at length about the origins of Human Rights Day.

Indeed, this day came about as a result of a massacre in Sharpeville in 1960.

However, we must never forget the Langa massacre outside Uitenhage in the Eastern Cape on 21 March UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 94 1985, in which 35 mourners were killed by the apartheid police and 27 others were left wounded.
As part of Human Rights Day celebrations, yesterday, I spent time in a tiny town of Qumrha in the Eastern Cape.

There was an event that close to 150 people attended.

I spoke to one, Ms Thobeka Matanga.

She told me, she was initially reluctant to attend our event, because she has lost hope, she has given up, she thinks the governing party has forgotten them.

By her own admission, she is not a DA voter but decided to attend our event because she has heard that, where the DA governs, it gets the job done.
The sad story of Thobeka and many of her neighbours in Qumrha dates back to more than eight years, when their taps went dry.

They are now at the mercy of Amathole District Municipality and now and then they cart water by trucks to their township, but this service is not consistent and they spend most of the time without water.

It is an open secret in that area, that owners of these trucks are in the high echelons of the ANC in the region.
And this explains why Amathole District Municipality has chosen a more UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 95 expensive option of providing water to this community, rather than drawing water by a pipeline from the great Kei River, which is a few kilometres away.

So, for Thobeka and many others in her neighbourhood, Human Rights Day meant nothing.
Hon Madlopha, in the struggle, there were many players and formations, such as the Progressive Party, which is a predecessor of the DA, which had a lone ranger in Parliament – Mrs Helen Suzman.

She fought tooth and nail for the release of Nelson Mandela and other political prisoners.

At least, at the very most, she deserves an acknowledgement.

Hon Madlopha, you should be ashamed of yourself.

You were probably not told that this session will be carried on five platforms.
For you to stand in front of us and defend job corruption in the City of Johannesburg is shameful.

You know your co-staff in your office are on a fixed term.

Should ...

[Inaudible.]

... decides to fire you, as I think she should, you will go with your staff.

Therefore, you cannot convert jobs on a fixed contract for people who have not even gone through interviews.

It is called job corruption.

I don’t wish to see her again in this House.


UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 96 Mahlangu, your speech for once today hit all the right notes and I give credit to the person who wrote your speech, but remember, you kept on saying that we need the private sector to invest so that we can create jobs.

No, private capital can invest their money in an unstable environment.

There has to be policy certainty for them to invest their money.
As long as they are talking about taking land without paying back the owner of the land, forget that private capital will invest their money.

I thank you.

Mr A J NYAMBI: House Chairperson, hon Chairperson of the NCOP, hon Minister, MECs from our respective provinces, hon members, ladies and gentlemen, hon Nhanha, it is a fact that our government led by the ANC has done a lot in reducing poverty and inequality.

But be that as it may, we all agree that there is still a lot to be done.
Hon Nhanha, a brotherly and a comradely advice, if we are in a debate like this one, just play the ball and not the man.

Hon Chairperson, 21 March 1960, is a painful reminder of the brutality of the apartheid system against black people in general and Africans in particular.
It also reminds us of the resilient struggles wagged by black people against apartheid UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 97 and colonialism for the freedom and democracy we enjoy today, as correctly said by hon Minister Lamola when he was opening the debate.
Just five years before the Sharpeville and Langa massacre, on 26 June 1955, the people of South Africa from all walks of life gathered in Kliptown Johannesburg, to formulate a blueprint document for a democratic South Africa, the Freedom Charter.

The ANC-led democratic government is determined in the implementation of the Freedom Charter.

The Freedom Charter declare that and I quote: All National Groups Shall Have Equal Rights!

All Shall Be Equal Before the Law!


There Shall Be Houses, Security and Comfort!

The Land Shall Be Shared Among Those Who Work It!

The Doors of Learning and of Culture Shall Be Opened!

House Chairperson, when the ANC came into power in 1994, we ensured that the aspirations of our people expressed in the Freedom Charter find expression in the government policy.

The Bill of Right in our democratic Constitution play a central role in ensuring that we deliver on the commitment of the Freedom Charter.
UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 98 Our democratic government takes the provision of the basic services as a human right for all our people.

We have done a lot in 28-years since we came to power to redress the imbalances of the past.

No one can dispute that fact.

Of course, there are some challenges.

No one can dispute the fact that the democratic government has been able to roll out in a massive scale the provision of basic services to our people.
It is a fact that this ANC-led government has provided over five million free Reconstruction and Development Plan, RDP, houses to South Africans through who do not afford to own a house.

The beneficiaries of these free RDP houses are also entitled to free basic electricity.

This ANC-led government has ensured that our people had access to water services.

Today, our people have water and of course, there are some challenges in the comfort of their homes for those living in the rural areas.
While we have ensured that for rural communities, water is accessed within the 200metres radius, this government’s actions are informed by the commitment of the very same Freedom Charter I have alluded to.

Hon Chairperson, the struggle against colonialism and apartheid was not only about the brutality of the system, but UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 99 also about the oppressive and discriminatory laws such as Group Areas Act.
It matters where people live and work.

Hon MEC from the Western Cape, let me use the Western Cape, the Mother City as an example.

People who live in Khayelitsha working in Cape Town Central Business District, CBD, travel more than 30km to and from work every day.

The cost of public transport for those taking the minibus taxi is R21,00 per trip.

Meaning that it is R48 per day equal to R924 per month.

The amount could be up if employees work during weekends.
This is too much for people who are working in the low paying jobs, such as cashiers at Shoprite.

For example, an average salary wage for a cashier at Shoprite is R750 per week, which is less than the minimum wage set by our government.

Almost 40% of the salary is spent on transport leaving the employee with little in cash.

The cost of public transport is a barrier to job seekers.

It discourages people to seek for work.

As things stand, the Mother City is not a mother to all her children as you claim.
As this government, we must ensure that we address the spatial inequalities to reduce the poverty and inequality.

And we must UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 100 ensure that people live in close proximity to their places of work.

The hon Minister tried to deal with this fact.

Hon House Chair, the high levels of poverty and inequality are a barrier to economic development and economic growth.
Poverty and inequality for black majority was deliberately created by the colonial and apartheid government successive policies, as today you are failing to understand that, hon Nhanha and hon De Bruyn.

It was the spatial government policies that created inequality access to education between the blacks and whites.

It was its policies which ensures that there are few health care services in areas where black people resides.
It was through job reservations that excluded black people from job opportunities because they were reserved for white people, as hon Fernandez, hon Nhanha, and hon De Bruyn are struggling to understand these simple facts.

Today, we have people who through the apartheid government exclusionary policies live in poverty.

Most of them are uneducated, others have never worked and are dependent on government social protection services for their livelihoods.
These people were deliberately excluded to acquire quality UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 101 education to enable them to participate in the job market as correctly explained by the Minister when opening the debate.

Hon members, people affected by poverty at the most are young people and women.

President Ramaphosa dealt with this issue in his state of the nation address and the Minister dealt with it today.
One such intervention is the Presidential Employment Stimulus Programme, that has created more than 850 000 job opportunities since its inception in 2020, and 80% of the beneficiaries in the programme were young people.

Women constituted 60% of all those employed in the programme.

Why can’t you acknowledge that hon members so that you can be seen that you are dealing with facts and not just distortion for political ends.
Furthermore, through the SA Youth Mobi platform, our government has assisted more than 600 000 with job placement.

Women are the backbone of our communities are at the forefront in addressing poverty and hunger in their communities.

Many of the community based organisations are led and populated by women.

Having recognised that, our government is committed in creating 50 000 job opportunities through the Social Employment Fund.

As the NCOP we will be watching that doing effective oversight.
UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 102 We want to reiterate that creating jobs is not the sole responsibility of government but also the private sector needs to play its role as well.

This is why our government is revising the Employment Tax Incentive Scheme, to ensure that it is accessible to small medium and micro enterprises, who are the drivers of economic growth and employment in our country.
The ANC-led government is committed in reducing poverty and inequality in our society.

When people are self- sufficient they are able to asset and exercise their democratic rights.

Hon members, the democratic government is committed in narrowing the inequality and the poverty gap in our society.

Through the provision in the social wage spending in education, health and social development, we are confident as government that we will reduce poverty and inequality in our society.
The founding President of our democratic society ntate Nelson Mandela once said and I quote: It is through education that the daughter of a peasant can become a doctor; that the son of a mineworker can become the head of the mine, that a child of farm workers can become the President of a great nation.

It is what we UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 103 make out of what we have, not what we are given, that separates one person from another.
That is why you and me hon Nhanha we are beneficiaries of that and we are members of this beautiful House called the NCOP.

Through the commitments we made in the Freedom Charter that the doors of learning and culture shall remain open, government has committed an amount of R36 billion towards the free higher education.

Quality education and skills development enables people to participate in the economy meaningfully.
It is through acquiring new skills that drive the emergence of new industries which then lead to increased employment, - and poverty and inequality is reduced in our society.

The government is committed in the provision of quality health care.

That is why an amount of R3 billion has been allocated to absolve medical interns and community service doctors.

It is our belief that through the implementation of the National Health Insurance, we will achieve the quality health care services in our society.
UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 104 It is through government’s concerted efforts in partnership with social partners will be possible to address the high level of poverty and inequality in our society.

Hon Nhanha, hon De Bruyn and hon MEC Fernandez, to know what you and what you don’t know is called knowledge.

To know what you know and what you don’t know is true knowledge.
It is clear that when hon Minister was opening you were not listening or you decided to focus on what was prepared for you.

Because if you were listening to the Minister when we he was opening the debate today acknowledging some challenges of course touching achievements of government and a number of speeches said by hon members, you only focus on that paragraph by hon Mahlangu, of which I commend you for that for giving credit where it is due.
But a brotherly and hon advice in future is that you should listen when the debate is being open so that you are not out of context but we are in sync with what we are debating.

In conclusion, allow me to say we are going to continue to make strides in ensuring that our commitments in the Freedom Charter are realised.

And poverty and inequality is reduced.


It is a fact that our government has done a lot in reducing UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 105 poverty and inequality.

But be that as it may, we say much more still need to be done.

Hon Minister, maybe in the future you have to organise an Imbizo, we will avail all members of the NCOP to understand why it is always relevant to share the challenges of the past in dealing with issues that are facing us today.
You are not shying from corruption, you led from the front, you talk about the steps that are being taken by government to fight corruption.

And now an impression is being created that the ANC is not going to fight corruption.

Hon Chief Whip, once again, thanks for making such an important debate and allowing us to engage and share and celebrate people that contributed.

We want to thank all martyrs who never even live to see the democracy we are enjoying today.
But it is out of their tireless efforts that today some of us from these deep rural areas we are able to debate.

And also out of what has been done by the government we are able to debate on the virtual platform.

Thank you very much.

The MINISTER OF JUSTICE AND CORRECTIONAL SERVICES: House Chairperson, we welcome the constructive inputs from some of UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 106 the hon members.
It is unfortunate that the opposition parties, the coalition of the EFF, the DA and the FF Plus chose to use this platform for electioneering and not to deal with the day to day human rights issues affecting the people of our country.

There would a time for electioneering in the 2024 general elections.

And we’ve just finished now a process of electioneering with the local elections.
Now the people of this country they expect us to deliver services, they expect us to continue protect their rights, which is unfortunate that this coalition of these three organizations, every platform they get, they use it to proclaim that the ANC is going to be out of power in 2024.

They must not speak on behalf of the people of South Africa.

The people of South Africa, they will be to speak for themselves through the ballot when they go and vote in 2024.
For the opposition and for ourselves now, is to build the country that responds to the economic challenges and to the human rights issues of our people as we speak now and as we are here to deal with them.

And I think hon Nyambi has responded to a number of issues.

I would just like to use this opportunity to condemn the attack of Ugogo Mahlangu by an unknown assailant at night.
Attacking UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 107 a vulnerable woman who is an international artist icon for our country.

It’s an unfortunate incident and the police must be able to hunt and apprehend whoever is a perpetrator.
And the law must take its course, a clear message must be sent to the people of this country, that we all have a responsibility to protect, nurture and ensure that the vulnerable and the elderly have got the safe place of living in our country.

And we want to wish a speedy recovery to Ugogo Mahlangu and also convey to her that the government of this country is with her and we call upon the police to do everything possible to apprehend and ensure that justice is served on this matter.
So that the people of this country must be able to see that they can feel safe in our country.

And, also to state that employment of people through due processes is not corruption.

The Federal Council of the DA – it was proven in the last state of the nation address, a letter was written to the Stellenbosch Municipality, where the federal council was deploying, so I am shock that hon Nhanha is calling that to be corruption.
If that is corruption, then we must first arrest that federal council for wanting to capture the Stellenbosch Municipality.

UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 108 But, deployment it’s an acceptable way of governing by any governing party.
And the President when he presented to the Zondo Commission, he even referenced to the Organisation for Economic Cooperation and Development, OECD, paper that clearly states that in all developing nations in the world - even the most advanced democracies developed, the issue of cadre deployment or the issue of deployment committee or policies is available to any governing party.

It happens in the United States, it happens in England, in any advanced democracy, it does happen.
And, as we speak what the DA is doing in the City of Johannesburg is to purge people what they believe do not belong to their organization.

And as the ANC government we are clear that all South Africans, capable, who have gone through due processes must be employed irrespective of political affiliation, irrespective of race or colour or creed.
It’s unfortunate that in the Western Cape, as a MEC Fernandez was speaking - as we speak now people are being killed in the townships, Khayelitsha, in Langa and most of the townships there.

Because, the DA-led government is only protecting the affluent suburbs and only those that they belief are people of the affiliation to the DA.
They do not have any plans to help UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 109 and ensure that even in Khayelitsha, in Langa, in all the townships of Western Cape ...[Interjection.]

The HOUSE CHAIRPERSON (Ms W Ngwenya): As you conclude hon Minister.

The MINISTER OF JUSTICE AND CORRECTIONAL SERVICES: ... in all the town of the Western Cape, there is fair policing which is not racially biased but is for the people of all the Western Cape.
House Chairperson, in closing thank you very much for the constructive engagement and let’s all put our hands together to work for all South African.

Thank you very much.

[Applause.]

The HOUSE CHAIRPERSON (Ms W Ngwenya): Hon members and hon delegates, I would like to thank all the members that have participated and thank you the ...

[Inaudible.]

... thanks Chief Whip.

Hon delegates, we shall now proceed to the order of the day.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS, WATER AND SANITATION AND HUMAN SETTLEMENTS TO UMHLATHUZE WATER BOARD, DATED 15 MARCH 2022 UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 110 Mr T S C DODOVU: Thank you, hon Chairperson and hon members of this House.

I have an honour and privilege ...

The HOUSE CHAIRPERSON (Ms W Ngwenya): I can see you, but I can’t hear you.

Mr T S C DODOVU: Can you hear me now, House Chair?


The HOUSE CHAIRPERSON (Ms W Ngwenya): Now I can hear you.

Mr T S C DODOVU: Okay.

Thank you very much hon Chairperson and hon members of this House.

I have an honour and privilege to present on behalf of the Select Committee on Co-operative Governance and Traditional Affairs, Water and Sanitation and Human Settlements.

A statement on the directive in terms of section 63 of the Water Service Act 108 of 1997 on the uMhlathuze Water Board.
As I present this statement, we know that today, 22 March is World Water Day.

Since 1993 on this day, the world celebrate water and raises awareness of more than 2 billion people living without access to safe water.

The World Water Day is an annual United Nations observance day to highlights the importance of fresh water.

The day is used to advocate for the sustainable management of UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 111 fresh water resources.
The theme of each day focuses on topics relevant to clean water, sanitation and hygiene, which is in line with the targets of Sustainable Development Goal 6, and on this day, the United Nations Water Development Report is released each year around World Water Day.

Hon Chairperson, on 11 March 2022, the select committee had a virtual meeting, an engagement with the Minister, Deputy Minister and senior officials of the Department of Water and Sanitation.

This engagement was informed by the directive ...


[Inaudible.]

... in terms of section 63 of the Water Services Act 108 of 1997 to uMhlathuze Water and subsequent referral to the select committee in terms of Rule 101 for consideration and reporting.

The main objective of engagements was to accord the political leadership of the Department of Water and Sanitation an opportunity to inform members of the select committee on the legislative procedural and substantive matters relating to the directive.
During the engagement with the Department of Water and Sanitation, the select committee has noted that the substantive matters relating to the directives centred around the constitutional and legislative failure of uMkhanyakude District Municipality, to provide water and sanitation to the UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 112 local communities.
The select committee has also recorded the ineffective performance of the water service authority, the non-adherence to norms and standards, and the fact that 61% of the population in the uMkhanyakude District Municipality still receives water via community standpipes.
We all know that water and sanitation are part of the people’s constitutional rights and cannot be justifiable and morally right that the district munuciplaity as one of the organs of the developmental state is dismally failing to effectively and efficiently provide this constitutional imperative to the people of the district.

Water as service delivery is a constitutional right to our communities and the provision of sanitation is a dignity to our people.
As Members of Parliament, we have a constitutional obligation to ensure that executive accountability and robustly perform our oversight of service delivery irrespective of our political persuasions and parties.

During our deliberations on 11 March, as committee members we have noted the following observations.
In terms of the legislative requirements, the Minister of Water and Sanitation has issued and communicated the directive to uMkhanyakude District Municipality and tabled a notice of directives to the UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 113 Chairperson of the NCOP and the Minister of Co-operative Governance and Traditional Affairs on 24 February 2022.
The Department of Water and Sanitation issued a directive in terms of section 63 of the Water Service Act in order to underpay management and operations, as well as maintenance of water and sanitation infrastructure at the uMkhanyakude District Municipality.
The Minister of Water and Sanitation has also tabled a notice of intention to take over water and sanitation services for a period not exceeding five years, while simultaneously assisting the municipality to build the capacity to manage water and sanitation in the area.

The Minister of Co-operative Governance and Traditional Affairs in KwaZulu-Natal had invoked section 139(1)(b) of the Constitution at uMkhanyakude District Municipality in February 2021.
This provincial intervention was due to poor performance in respect of maintenance and operations of water and sanitation infrastructure, that even provision of water services to communities and project delays to prolong the processes and possible fraud and corruption.

The situation has not improved since the invocation and implementation of section 139 of the Constitution intervention.
UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 114 The objective of this directive, in terms of section 63 of the Water Services Act, was a complete restoration of a defective water services functions of the municipality.

The Director- General of the Water and Sanitation department has been mandated to appoint a technical team composed of officials of the uMhlathuze Water.
The Department of Water and Sanitation, Water Services Authority and the provincial department of co- operative governance and traditional affairs are to assess progress of intervention and provide regular updates.

We must also note that and welcome the recovery implementation programme of the Department of Water and Sanitation, which focusses on institutional arrangements, operations and maintenance, technical services, estimated timelines in building sustainable capacity and capability.
We lastly observed that uMkhanyakude District Municipality has communicated to the Department of Water and Sanitation an intention to declare a dispute in terms of section 42 of the Intergovernmental Relations Framework Act.

As a collective, members of our select committee have unanimously agreed on the following recommendations for approval by this House.
The NCOP approved a directive in uMkhanyakude District Municipality in terms of section 63 of UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 115 the of Water Services Act not for the period exceeding five years.
The Minister of Co-operative Governance and Traditional Affairs and the Minister of Water and Sanitation should in the spirit of co-operative governance ensure the deployment of qualified, skilled and competent officials in the implementation of the directive in the district municipality.

Both Ministers of the departments should ensure participation of sector departments in the implementation of the directive in the uMkhanyakude District Municipality.
The Minister of Water and Sanitation should table quarterly and yearly progress reports to the NCOP on the implementation of the directive in terms of section 63 of the of Water Services Act.
The Department of Water and Sanitation should fast-track the process of business planning and costing and align the required resources with the annual performance plan and budget allocation in order to ensure effective implementation of the intervention in terms of section 63 of the of Water Services Act in the district.
Lastly, that our select committee in collaboration and co- operation with the relevant portfolio committee in the KwaZulu-Natal provincial legislature should conduct a proactive oversight visit to uMkhanyakude District UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 116 Municipality in order to monitor progress in respect of the implementation of the directive ...

[Interjections.]
[Interjections.]

... in terms of section 63 of the of Water Services Act and section 139(1)(b) of the Constitution.

Thank you very much, hon House Chairperson.

Debate concluded.

Question put: That the Report be adopted.

Declaration of vote: Ms C LABUSCHAGNE: Thank you, Chairperson.

Hon Chair, can I continue?

The HOUSE CHAIRPERSON (Ms W Ngwenya): Yes, ma’am.

Ms C LABUSCHAGNE: Okay.

Let me just get my documents.


Hon Chair, the DA herewith confirms the recognition in the National Water Act that water of South Africa belongs to the people of South Africa of which all spheres of governments was ensured that water supply services must be provided in a manner which is efficient, equitable, sustainable and within a quality of the allowed regulations for potable water.
It is to be understood and practised that water means life, a UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 117 constitutional obligation, a human right that a basic human needs without no life is possible.

If any sphere of government violates within their mandate of authority, any provision on the constitutional human right, they should be held accountable and face the full might of the law.
The inhumanely failure of poor maintenance and operations of board and its indication infrastructure, the uneven provision of services to communities and delayed projects requires implementation of strict consequence management.

Those implicated in this failure, is a sin against the people of UMhlathuze.
In a development mental state, all spheres of government entrusted and the authorities to provide similar services, should continuously be monitored by the Minister of Water and Sanitation, as the custodian of water of South Africa, demanding accountability of every spheres of government to comply within the set objectives all over South Africa.

The Western Cape supports the directive in terms of section 63 of the Water Service Act of 1997 to UMhlathuze Water Board, dated 15 march 2022.

Thank you.
Thank you.

UNREVISED HANSARD NATIONAL COUNCIL OF PROVINCES TUESDAY, 22 MARCH 2022 Page: 118 The HOUSE CHAIRPERSON (Ms W Ngwenya): Thank you very much, hon Labuschagne.

Hon members, we shall now proceed to the voting on the question, and the question is that the report be adopted.

I will call upon the provinces to cast their vote, when called upon heads of the delegations must indicate whether they vote in favour, against or abstain.

[Take in from Minutes.]


The HOUSE CHAIRPERSON (Ms W Ngwenya): Hon members, eight provinces have been supported, and I will now close the voting.

Hon members, a number of the provinces voted in favour.

I therefore declare the report agreed to in accordance with section 65 of the Constitution.

Hon delegates, that concludes the business of the day.

I wish to thank the Ministers.

...

[Interjections.]

The Council adjourned at 13:12.