The DEPUTY SPEAKER: Hon members, order! I wish to announce that the following vacancies, which occurred in the National Assembly owing to the resignation of certain members, have been filled.
The vacancy that occurred owing to the resignation of Mr E Rasool has been filled by the nomination, with effect from 9 July 2010, of the hon Ms C C September. The vacancy that occurred owing to the resignation of Ms M M A Nyama has been filled by the nomination, with effect from 29 July 2010, of Mr F T Maserumule. The vacancies that occurred owing to the resignation of Messrs L N Mkhize and T J Bonhomme have been filled by the nominations, with effect from 21 July 2010, of Messrs M A Cele and E Magubane, respectively.
Hon September made and subscribed the oath on 21 July 2010, and hon Magubane, hon Maserumule and hon Cele made and subscribed the solemn oath or affirmation on 3 August in the Speaker's Office. We welcome these members.
I also take this opportunity to welcome all other members back from recess. [Applause.] I hope we are all in one piece and that the vuvuzelas didn't make us deaf.
debates the role of the Public Protector in our democracy and the obligations of the Executive to pronouncements and requests by this Chapter 9 institution; and comes up with solutions to strengthen the role of the Public Protector and to improve the relationship between this office and the executive.
That the House debates agrarian reform, the need for food security and production, and the implications for land tenure.
debates the slow pace of rural land restitution and the uncertainty it has created in the agricultural sector; and comes up with solutions to improve the situation.
That the House debates the arrest of Sunday Times journalist Mzilikazi wa Afrika and its implications for media freedom in South Africa.
That the House debates the issue of the irregular appointment of Mr Phil Molefe as head of news, which has again placed the SABC board at the centre of controversy.
debates the acid mine water that is rising below the City of Johannesburg and is due to overflow into the central business district in early 2012; and comes up with possible solutions to deal with this imminent environmental disaster.
That the House debates the inability of government to manage the health system, in the light of more than 16 years in which hospitals have deliberately been ignored by government and in the light of the recent incident of a mother at Prince Mshiyeni Memorial Hospital who was left unattended for many hours holding a fetus in her hands, something that must rank as one of the most heartless offences.
That the House debates the shocking state of South Africa's roads, recent studies having indicated that the lack of maintenance of our roads over the past 16 years has led to a complete deterioration and that billions of rands are needed for repairs countrywide. The declining conditions of the roads have led to an increase in accidents, some of which have been fatal, as well as motorists incurring higher vehicle operation costs.
recognises that Amla is an exceptional competitor and worthy recipient of the honours which have been bestowed upon him; and extends its congratulations to Hashim Amla and wishes him everything of the best for the forthcoming cricket season.
recognises that for Muslims this month is a period of introspection, discipline and abstinence from worldly pleasures; and wishes all Muslims well over this auspicious period.
congratulates Albie Sachs on this great achievement.
congratulates Presidents Zuma and Halonen on their appointment as co-chairs to this important panel.
extends its congratulations to both choirs and their respective conductors on their exceptional achievements.
thanks the paramedics who saved these lives, as well as the churches that took in many of the elderly who have been left destitute; and conveys its heartfelt condolences to the families who have lost their loved ones in this horrific fire.
expresses its sincerest condolences and deepest sympathy to the government and people of China; and urges all nations to assist the people of China to help them rebuild their lives.
That the House debates at its next sitting the new economic growth path that is on the table.
The DEPUTY SPEAKER: Hon Turok, that will come tomorrow. That's a notice of a motion, for which the time has already passed.
believes that the win by these three African women scientists will inspire and motivate young women in Africa and particularly in South Africa to pursue science and mathematics, which are fields in which women are under-represented; and congratulates Dr Steenkamp for winning the mathematics/physics prize for Africa and for her excellent contribution to science, particularly her pioneering work in the field of vacuum ultraviolet laser spectroscopy.
congratulates Louis Oosthuizen for his convincing win at the British Open; and wishes Oosthuizen all the best in his future career.
believes that, with the same patriotism and enthusiasm, South Africans from all walks of life will actively embrace and continue with the spirit that has been created during the African World Cup; and calls on all South Africans to continue with the mood of celebration by wearing the colours of the flag and to keep the flags flying in their vehicles, offices and their homes.
acknowledges that today in a democratic South Africa equality is enshrined within our Constitution and that many positive steps have been taken in the past 16 years to redress the injustices of the past in order to realise the principle of equality within our society, but that even more still needs to be done to fully realise this constitutional right; and calls upon the leaders of the country, including the Government, civil society, labour and business, to redouble their efforts to address issues that further enhance gender equality and the creation of opportunities for women.
recognises his invaluable contribution to the activities of Parliament as a whole and the Corporate Services Division in particular; and expresses its sincere condolences to his family, friends and loved ones.
The CHIEF WHIP OF THE OPPOSITION: Madam Deputy Speaker, we obviously have no objections to that motion, but the matter I want to raise is that the photograph that was pictured on the screen was highly inappropriate because it had the ANC flag on it. Mr Mbangula was an official of Parliament first and foremost, and nothing else. Political affiliation should be completely irrelevant and I object to that. Thank you.
The DEPUTY SPEAKER: But are you not objecting to the motion?
The CHIEF WHIP OF THE OPPOSITION: Not at all.
The DEPUTY SPEAKER: Okay, thank you very much.
Ms P P XABA (ANC): Hon Deputy Speaker, the ANC-led government views rural development as a central pillar of our struggle against unemployment, poverty and inequality. Hence the ANC supports the initiative to create an estimated 10 000 jobs for unemployed rural youth through a programme recently launched by the Department of Rural Development and Land Reform on 19 July 2010.
The National Rural Youth Service Corps, NARYSC, will be targeting youth from deep rural areas, including those living with disabilities, between the ages of 18 to 35 and who have passed Grade 12. The National Rural Youth Service Corps is a two-year programme aimed at empowering rural youth from each of the 30 rural wards across the country.
Ms L D MAZIBUKO (DA): Madam Deputy Speaker, the arrest and detention of Sunday Times journalist Mzilikazi wa Afrika in Rosebank last week bore all the hallmarks of apartheid-era police action and detention without trial.
Certainly, the nature of the arrest and what seems to be the deliberate spectacle surrounding it are cause for serious concern to the DA. Wa Afrika was publicly accosted outside the Sunday Times offices. He was bundled into an unmarked car and driven four hours from Johannesburg to Nelspruit in Mpumalanga to explain why he was in possession of a fax. Why?
The arrest involved six Hawks vehicles and almost a dozen armed officers and came just a day after National Police Commissioner Bheki Cele referred to wa Afrika as a "shady journalist" on national television - and just three days after the Sunday Times published a story about Commissioner Cele flouting tender procedures.
Was this intended as a message to the free press Will we now see a return to the cloak-and-dagger-arrest of journalists who dare to speak out against the state, as was the norm under apartheid?
Among the questions wa Afrika was asked during interrogation, the police wanted to know "Are you destroying the image and integrity of the ANC in Mpumalanga" Police resources and intimidation tactics are now being deployed in defence of the ANC and its factions. [Interjections.?
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Deputy Speaker!
Ms L D MAZIBUKO: Given the mounting evidence that the motive behind wa Afrika's arrest was purely political, it is incumbent upon the Police Commissioner and the Minister of Police to explain this action to Parliament and the public. [Interjections.
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Deputy Speaker, I would like to rise on a point of order.
The DEPUTY SPEAKER: Hon member, there is a point of order.
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Deputy Speaker, this was raised as a motion without notice.
The DEPUTY SPEAKER: Okay. Cope is next.
Ms S P RWEXANA (Cope): Madam Deputy Speaker, women in South Africa are facing the same challenges, whatever their political affiliation [Interjections.
The CHIEF WHIP OF THE OPPOSITION: On a point of order, Madam Deputy Speaker. The previous speaker, my colleague, was unable to finish her statement and I would like you to ask her to finish her statement. Thank you.
The DEPUTY SPEAKER: No, no, no, her time had expired when I took the point of order. Cope is next.
Ms S P RWEXANA (Cope): Madam Deputy Speaker, women in South Africa face the same challenges, whatever their political affiliation.
The CHIEF WHIP OF THE OPPOSITION: Madam Deputy Speaker, on a point of order, the previous speaker, my colleague, wasn't able to finish her statement...
THE DEPUTY SPEAKER: No, she did.
The CHIEF WHIP OF THE OPPOSITION: No, she didn't finish her statement and I would like you to ask her to finish it. Thank you.
THE DEPUTY SPEAKER: No, her time had already expired when I said there was a point of order.
Ms S P RWEXANA (Cope): Women in South Africa face the same challenges, whatever their political affiliation. They suffer physical abuse, they are under constant threat of being raped, they experience prejudice in the workplace, and they are subjected to cultural practices that are pertinently discriminatory. For women it is a huge uphill struggle. The struggle has to be intensified. The struggle has to be kept alive.
In the past, women stood up against racial discrimination and unjust laws in our country. Thousands of women left the country for various destinations in Africa and Europe to wage war against racial oppression. Every woman wants to be accorded respect and be treated with dignity. Every woman wants to enjoy equality with men. Every woman is therefore first and foremost a woman. The women of South Africa may have different views on many issues but they are united in their resolve to stand together and be counted as one.
By showing solidarity with one another we will create a future for our children in which girl children and women will be accorded the respect they rightfully deserve. Yesterday marked the 53rd Anniversary of Women's Day. Instead of it being celebrated for its universality, it was disheartening to find the ANC Women's League trying to monopolise the event that commemorated the march of our mothers that ended up at the Union Buildings in Pretoria on 9 August 1956 against the imposition of the pass laws. We commemorate the struggle of all women from all persuasions.
Mr A J WILLIAMS (ANC): Hon Deputy Speaker, the African National Congress believes that health reform involves the mobilisation of available resources in both the private and public health sectors to ensure improved health outcomes for all South Africans. As a result, a total of 18 new mobile clinics were launched in Mpumalanga to provide health-care access to rural villages and farming areas that have no clinic facilities nearby.
The Member of the Executive Council, MEC, for the Department of Health and Social Development, Dikeledi Mahlangu, launched the mobile clinics at the Leroro Community Hall in Matibidi Township near Sabie on Friday, 02 July 2010. These mobile units will make a difference in the lives of many rural and farming communities who are underserved because of the shortage of mobile clinics. The allocation of these mobile clinics will mean that people living in remote areas will not have to travel long distances to access basic services. This initiative is part and parcel of the ANC-led government's resolve to reduce inequalities in our health system and improve quality, care and access to public health-care facilities for our people. Thank you.
Mr A M MPONTSHANE (IFP): Mhlonishwa Sekela Somlomo, when we look at the results of the national matric supplementary exams held earlier this year, the IFP is extremely disappointed with the failure of our education system. The overall pass rate of 19,1% is shocking, to say the least. Mpumalanga achieved 11,9%, KwaZulu-Natal 19,2%, Free State 10%, Western Cape 26,2% and Gauteng was the top scorer in our country with only 31,5%.
Our education system is quite clearly failing the youth of this country and we therefore urge the Minister of Basic Education to take immediate action in identifying, addressing and rectifying all the factors that have contributed to this most appalling state of affairs. Our failure in this regard robs our children of a better future. I thank you.
Mr L W GREYLING (ID): Deputy Speaker, there is an environmental crisis unfolding in Gauteng and decisive action is needed from government to arrest it. The central basin upon which Johannesburg sits is filling up with acid mine water at the rate of almost a metre a day. Unless a decision is taken within the next few weeks we will not have the time to put in place the engineering solution to deal with the impending catastrophe. Already acid mine water is flowing out of the western basin at a rate of 6 million litres a day. The treatment works are proving entirely inadequate, with devastating effects for the surrounding environment.
In the eastern basin, the debacle of Aurora Empowerment Systems' ownership of the Grootvlei mine has led to millions of litres of untreated acid mine water being pumped daily into the surrounding wetland. Serious questions need to be answered as to how a few politically connected individuals could be given the rights to a mine when they did not have the financial resources or experience to take responsibility for its operations. The ID hopes that the impending lawsuits against these directors go ahead and that they are held criminally reliable for their negligence in allowing an environmental and human rights disaster to occur there.
The ID also calls for action to be taken against the liquidator of the Grootvlei mine, who should never have awarded the purchase to Aurora Empowerment Systems without first conducting a proper due diligence on them. The ID believes that it is now time for the Department of Mineral Resources to force mining companies to properly comply with all of their environmental responsibilities. Thank you.
Prince B Z ZULU (ANC): Chairperson, the ANC-led government is leading a massive public investment programme for growth and employment creation as part of the Expanded Public Works Programme's 2010 allocation. More than R8 billion has been targeted for road development and job creation through the implementation of labour-intensive road projects.
As such, more than 8 000 poor families in the North West are benefitting from a new road maintenance programme. The programme, entitled "Do it yourself", employs people from poor households in an effort to alleviate poverty and create sustainable livelihoods. The programme was rolled out across the province in the month of July 2010, specially targeting households headed by women in the rural areas, which have been identified in the four districts of the province.
Approximately R60 million has been budgeted for the programme and beneficiaries are poised to earn at least R520 a month for working eight days on identified roads. This shows the ANC-led government's commitment in implementing the Expanded Public Works Programme to support poor households. The ANC also believes that more can be achieved if we employ these kinds of programmes throughout the country. Thank you. [Time expired.
The HOUSE CHAIRPERSON (Mr M B Skosana): Hon members, we are conversing too loudly and I don't think we can hear each other now.
Rev K R J MESHOE (ACDP): Chairperson, the report in today's Cape Times about a whistle-blower whose salary was frozen and his official car taken away raises serious concerns. This action undermines the Protected Disclosures Act, which encourages employees to "disclose information regarding improprieties by his or her colleagues, other stakeholders and employer". According to this Act, government will not tolerate the harassment or victimisation of a whistle-blower and will take action to protect employees when they raise a concern in good faith.
Government has also promised to do its best to protect an individual's identity when he or she raises a concern and does not want his or her identity to be disclosed. The ACDP wants to know why employees who want to expose corruption are suspended and in some cases even expelled from their jobs. If informants are not protected but victimised, then what hope do we have for ever winning the war on corruption We believe whistle-blowers should be treated as heroes and not villains. Those who are victimising whistle-blowers are condoning corruption and should be investigated?
Earlier this year, a Member of Parliament was lambasted for exposing contents from a leaked document showing how Eskom has been charging, and will continue to charge, some companies such as BHP Billiton discounted electricity tariffs. Had it not been for whistle-blowers this would not have come to light. Government must do more to gain the confidence of members of the public who are aware of corruption. If they are convinced that their identities will be protected, more will come forward in order to expose the corruption that is plaguing our society. Thank you.
Ms S P LEBENYA-NTANZI (IFP): Hon Chairperson, the IFP has on numerous occasions expressed its concern that South Africa's ailing public health-care system is facing critical challenges and that it is on the verge of collapse. Recent examples of gross neglect and negligence are proof that the IFP has good reason to be concerned.
Last week, it was reported that a woman who had suffered a miscarriage had been left unattended for hours and told to sit on a bench at the Prince Mshiyeni Hospital in Umlazi, Durban. This followed the discovery of a decomposed body in an air duct at the Addington Hospital in Durban. In addition to that, in Cape Town the bodies of a boy and a girl were recently found dumped at a waste-removal company in Airport Industria. The identity bracelets on the babies identified them as coming from the Retreat Maternity Hospital.
During his state of the nation address in Parliament earlier this year, President Zuma renewed his government's commitment to work harder to improve South Africa's health-care system. It is clear from the examples above that this pledge has remained mere rhetoric and that government has not acted on its promise. The IFP calls on government and in particular on the Department of Health to recommit themselves to solving the many crises that have beset our failing health-care system. It is clear that without urgent interventions the health-care system will continue to fail dismally in providing basic health care to the millions of South Africans who rely on the system for their health-care needs. I thank you. [Applause.
Dr Z LUYENGE (ANC): From October the South African Revenue Service, Sars, will begin using a new and modernised programme when dealing with customs. The programme, which will be phased in over a number of years, will enhance both service and security at customs. The programme will assist in enhancing Sars's ability to identify illicit goods and will go far in promoting South Africa as a secure and reliable trading partner.
Part of the programme entails customs operations moving from a partially paper-based environment to a simplified, automated and more cost-efficient environment which will make customs operate faster and more efficiently, because delays can be costly. Some of the initiatives of the modernisation programme include electronic supporting documents, whereby people will be able to electronically submit any supporting documents required by customs for the finalisation of a transaction. This will reduce the paper load and the burden of a trader having to physically deliver them to Sars.
In addition, the Sars contact centres will be increased to accommodate customs queries through Sars-trained call-centre agents. Sars will also introduce a single solution as opposed to the 37 systems that are currently in place. This is proof that the ANC-led government is committed to making government work faster and smarter. Together we can do more. [Applause.
Ms D KOHLER-BARNARD (DA): Chair, on the 19 November 2006 I asked the then Minister of Safety and Security how it was that everyone in this country was talking about the close relationship between the former Police Commissioner, Jackie Selebi, and the Kebble murder suspect Glenn Agliotti and what his response was.
That relationship was dominating news headlines at the time, but the ANC National Executive Committee seemingly believed that the problem would just go away if they ignored it for long enough. They missed an ideal opportunity to prove the ANC's commitment to the fight against crime and chose not to discuss the Selebi-Agliotti friendship.
What I said then was that Commissioner Selebi should not remain in office while the investigation into Agliotti and the murder of Brett Kebble continued, and that it was totally improper for him to keep his position until the Scorpion's investigation had been wrapped up. I said that an objective investigation would be extremely difficult while Selebi was still in the driving seat. It was obvious then, as it is now, that the person tasked with leading the fight against crime should be above reproach when it comes to the people he or she associates with.
The President and the Minister of Safety and Security ignored me then, as they did the extensive in-depth reports by our free media on the matter. They could not ignore the Scorpions, who, against the greatest odds, have won probably the last great case in court, resulting in Selebi receiving a 15-year jail sentence. Thanks to the ANC, we no longer have a unit that would necessarily have investigated a crooked National Commissioner. The Hawks is the National Police Commissioner's hand puppet and would never, ever, as I said on that dismal day, 30th of January last year when the ANC shut down the Scorpions, contemplate such an investigation, now would they [Applause.?
Mr D A KGANARE (Cope): Chairperson, once again our country is about to be crippled by a major public sector workers' strike beginning today. We regret that negotiations failed to resolve the disputes. We in Cope are fully sympathetic to the unions demanding a higher pay for their members.
For the ANC-led administration, characterised by excessive bling, lavish and ostentatious spending, pervasive corruption and wide-scale futile expenditure, the chickens are coming home to roost. If the public perception is that money is not a factor for Ministers in government, why should it be a factor in addressing the pay demands of the public sector After all, workers and government members were supposed to be in the same boat after 1994?
Therefore, worker solidarity should have prevailed and the fat of the land should have been spread evenly across all segments, legally deriving benefits from the fiscus. This has not happened, and the income inequality has been exacerbated. Therefore, this strike is not only about the rapidly rising costs of living but about income equalisation as well.
Unfortunately, with the extended school holidays granted this year, a new and further loss of school time through strike actions in schools would be most injurious to the children of working-class families. It would also be iniquitous. We just cannot afford to make innocent children pay for the failures and excesses of government. They have a future to secure and therefore, to help them reach it, no stone should be left unturned.
Cope also recognised that President Zuma and the hon Minister of Higher Education and Training, prior to their coming into government, created certain expectations in 2008. Those who voted for the government in 2009 are now demanding their payback. [Applause.
The HOUSE CHAIRPERSON (Mr M B Skosana): Hon member, your time has expired.
Mr M GUNGUBELE (ANC): Chairperson, the ANC-led government's vision to have dedicated courts to handle cases during the World Cup has paid off. The Department of Justice and Constitutional Development has set up 56 courts across the country, specifically dealing with World Cup-related crimes.
According to figures released by the department, the courts dealt with 172 cases since they opened on 28 May up to 04 July.
The majority of those cases - about 139 in total - have already been finalised. There has been 104 convictions; 33 postponements; 28 cases were withdrawn and 7 people were acquitted. Approximately 45,35% of the cases were in Gauteng; while 25% were in the Western Cape; followed by the Eastern Cape with 12,21%. Of the cases that were heard by the courts, 59 were theft related, with the selling of World Cup tickets; 23 were common robbery; 11 were fraud; and 10 also featured high up on the list.
We commend the Department of Justice and Constitutional Development's foresight in the opening of these dedicated courts as an integral part of the national security plan intended for the 2010 Fifa World Cup tournament. We have shown the world that together we can do ngcono [better.
The LEADER OF THE OPPOSITION (DA): Hon Chairperson, the DA is finding it unacceptable that at the recent so-called Farmworkers Summit in the Western Cape the ANC misrepresented the DA's plan for equity share schemes, describing them as a confiscation scheme to divide all farms in half and give away 50%.
This is a clear misrepresentation of the DA policy for propaganda purposes. Equity share schemes generally worked well for both farmers and workers in the Western Cape until they were stopped through a moratorium last year. The DA's proposal allows for farmworkers to become part owners of farms that are available for sale and to gain access to high-value agricultural land while retaining the involvement and investment of the commercial farmer, a crucial determinant of long-term viability in land reform initiatives.
The current land reform system has failed to empower the intended beneficiaries in any meaningful way and has, in fact, compromised South Africa's agricultural productivity and the rural communities that rely on it. It is certainly not empowering farmworkers. Just four months ago, Minister Gugile Nkwinti admitted in Parliament that 90% of the 5,9 million hectares of land bought by the state for emerging farmers was not productive. The DA's equity share scheme venture has been a success in the Western Cape because it spreads ownership, shares risk and reward, brings the expertise and experience of both the farmer and the worker together.
The DA will continue to push for equity share schemes on the basis that they are voluntarily, that state subsidies are made available for farmworkers to buy shares and that safeguards exist to protect farmworkers from being exploited. These schemes are and must remain a win-win solution for all. [Applause.
Mr G J SELAU (ANC): Chairperson, South Africa and the Swiss Confederation have signed an energy efficiency agreement, which will be a major boost to the government energy programme. The agreement on the Energy Efficiency Monitoring Project entails the Swiss Agency for Development and Co-operation funding a R120 million climate change programme in South Africa.
The agreement is going to assist the ANC-led government in reaching our goals and objectives of realising energy efficiency in our buildings. The aim of the agreement is to provide financial support to the Ministry of Energy in order to contribute to the Energy Efficiency Monitoring and Implementation Project. The programme will run from 2010 to 2014 and will be implemented through collaboration of national and local government, research institutions as well as the private sector, among others.
The ANC-led government recognises that climate change is a risk to development and that energy efficiency is one of the most cost-effective mitigation options in South Africa. The ANC welcomes the agreement with the Swiss Agency, as it will assist the Department of Energy in ensuring that new constructions and the retrofitting of existing houses and buildings comply with the building codes.
The municipalities of Sol Plaatje, Rustenburg, Polokwane, Mbombela and King Sabatha Dalinebo have already been earmarked for capacity-building and the implementation of this phase of the project at local government level. This will be done under the auspices of the South African Local Government Association, Salga, at a cost of R13 million. I thank you. [Applause.
The MINISTER OF PUBLIC WORKS: Hon Chairperson, we thank the hon member for his statement about the 10 000 jobs that will be created in the North West. This is a good-news statement and an indication of how the Expanded Public Works Programme, EPWP, is looking at best practice within the provinces and emulating them.
Do-it-yourself is modelled on the successful programme of Vuk'uzenzele in KwaZulu-Natal, KZN. KwaZulu-Natal and North West are leading in labour-intensive service delivery models. We encourage MPs to engage provincial MECs, local government and us to form partnerships in developing service delivery models that can make an impact on the lives of rural people. Thank you. [Applause.
The MINISTER IN THE PRESIDENCY: NATIONAL PLANNING COMMISSION: Chairperson, I'm not quite sure why but, in respect of a number of issues raised as motions without notice and members' statements, the same issues are arising. Perhaps we need to ask the cross-party Whippery to try and resolve this issue.
Regarding the issue that the hon Greyling raised in respect of acid mine water drainage, I just want to make an appeal that we try to be rational, because it does appear that there are all manner of private sector interests driving particular agendas here.
What we need is a rational discussion and debate informed by an empirical basis, because this idea that there will be acid mine water drainage running through the streets of Johannesburg next week and that we should all walk around in gumboots is completely ridiculous. But there are private sector interests that we need to guard against, so that we can take rational decisions about these issues.
There are some mines on the east and, for a whole host of reasons, there are also some disused mines. It's a complex set of issues that we need a discussion about without pointing fingers this way and that, because that is unlikely to allow us to resolve this issue in a reasonable period of time.
The hon Meshoe's issue about whistle-blowers directed at the DA is a City of Cape Town issue; they can't have an executive response here. But I think the origin of it is directed at the DA, hon Meshoe. Thank you very much. [Applause.
The DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Chairperson, in thanking the hon member Gungubele for his statement regarding the success of the dedicated World Cup courts, I'd like to start by indicating that this was a success not only of the Department of Justice and Constitutional Development, but in fact of the whole justice, crime prevention and security cluster. It demonstrated what we can achieve by working together in a co-ordinated and integrated manner, involving the police, the prosecution, Correctional Services, Home Affairs, state security and Legal Aid SA.
The Minister of Justice and Constitutional Development has indicated that we will be studying and evaluating this experience very thoroughly and identifying those best practices that we can extract from it to apply to the ongoing work of our criminal justice system. We would appeal to all members to join us as we implement the seven-point plan designed to give effect to the recommendations identified by the Criminal Justice Review, and in so doing work towards achieving the goal of having a South Africa that is both safe and in which all citizens and others feel safe. Thank you. [Applause.
The DEPUTY MINISTER OF TRADE AND INDUSTRY: Hon Chair, I want to respond to the statement made by the leader of the DA. In my opinion you cannot say equitable share is equitable enough if you expect subsidies from government. You are actually reducing ownership and control to a business transaction, because the manner in which this equitable share is viewed for land reform purposes is that of government having to pay market-value prices for farms that were actually basically obtained through subsidies from government. So the best way is to focus on our policy of land restitution and land reform with the intention of ownership and control by the ordinary citizens of South Africa who do not have equal opportunities of tilling the land they live on and should have the benefit.
Government's responsibility is to make sure that people have access to land. If we have to take certain measures to make sure that they have access to land, we can even go to the extent of looking at expropriation to have them accessing land. But equitable share is not just a business transaction by making government pay for your opinions and thinking that you must bring in people and we must pay. Thank you. [Applause.
The DEPUTY MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: Hon Chairperson, I just want to deal, again, with the issue raised by the hon member from the DA on the share equity scheme. The reason this scheme was temporarily suspended was that we picked up that this scheme was being abused by some of the land owners. The scheme was used as an easy way of accessing public funds for the purpose of upgrading their farms without the workers, who are supposed to be shareholders, benefitting in any way in terms of these schemes. Land owners would hide the profits in the operations of the farm.
Over many years, after government has invested on behalf of the farmworkers on these farms, you find that, year after year, no profit is declared. Everything is hidden under the cost for the farm, and the ordinary workers ultimately do not benefit. That was the reason why we had to intervene in making sure that, at the end, we can have proper control over the share equity schemes to make sure that indeed the people for whom this scheme has been invented actually do benefit. So that is the reason why we had to intervene: to make sure that this scheme is not abused.
We would also like to welcome the hon members' support for the South African Rural Youth Corps programme, as already supported by the hon member from the ANC. This scheme is meant to address unemployment in all 3 000 rural wards in the country. As the hon member has indicated, its aim is to create 10 000 jobs, which will also make it possible for the young people in rural areas to acquire soft skills in terms of household surveys and facilitation in an organisation, but also hard skills in various programmes which are meant to upgrade rural communities, from construction and plumbing to skills in electricity installation. This is meant to last for two years [Time Expired.] [Applause.
The DEPUTY MINISTER OF BASIC EDUCATION: Hon Chairperson, we certainly would like to improve on the results of the supplementary examination. I just want to remind the hon member that, consistently in the past, the pass rate in supplementary exams had been less than 18%. As a result of the extended support and advocacy, we had a much larger number of learners who sat for the supplementary examinations. This translated into more that 100 000 learners, which never occurred in the past.
If you were to look at the average passes, which were less than 18%, and compare it to the 30% and more in Gauteng and the 25% in the Western Cape, where the highest number of learners enrolled, it would mean that there has been a significant improvement. I'm not suggesting that it's optimal or that it's good, but what it does say to us is that more that 25 000 people have had better opportunities as a result of the effort by the then Department of Education and the current Department of Basic Education. Thank you very much. [Applause.
The MINISTER OF FINANCE: Chairperson, Cabinet colleagues and hon members, on 21 April 2010 Cabinet announced the need to amend the South African Reserve Bank Act of 1989 to ensure that it meets its constitutional mandate. These amendments are designed to enhance the governance of the Reserve Bank and to uphold its public interest role.
The "public interest" principle forms the cornerstone of a central bank and particularly that of the South African Reserve Bank. The central bank derives its mandate from the Constitution, read together with the South African Reserve Bank Act of 1989. The Constitution of this country mandates the Reserve Bank to protect the value of the Rand in the interest of balanced and sustainable growth. It must do so without fear, favour or interference.
The Reserve Bank is also responsible for the supervision of commercial banks. There's too much at stake for us as South Africans. This is borne out in reality by the fact that you have other central banks in the world, including those in Japan, the USA and Switzerland, that have private shareholders.
The Amendment Bill tabled in this House today seeks to strengthen the balance between the interest of the country and the interest of shareholders. This balance is important, since we all need a Reserve Bank that focuses on its constitutional mandate without undue interference by self-interested shareholders. It is for this reason that existing private shareholders should not treat the Reserve Bank as a profit-making institution. Private shareholders must have rights, but limited rights.
From its inception, it has always been the intention that the rights of public shareholders will be secondary to the public-interest role of the Reserve Bank. Even the current South African Reserve Bank Act of 1989 provides for and limits ownership of shares by an individual to no more than 10 000. It also restricts the dividend payable to shareholders to a fixed amount. In addition, it restricts the ability of shareholders - irrespective of nationality - who are not ordinarily resident in South Africa, to vote. Finally, it prohibits shareholding by nominees. These restrictions seek to ensure that there is no excessive and negative influence on the operations and management of the Reserve Bank as a public-interest entity.
It has come to light that some shareholders have been trying to get around these restrictions. Their ultimate aim is to derive private gain. These shareholders have, for example, acquired shares above the existing limit of 10 000 by using associates; they have offered payments to fellow shareholders to vote them in as directors; and they have also demanded the right to share in the profits of the bank but without the right to share in the losses of the bank.
These are not the actions of shareholders who believe in the public-interest role of the Reserve Bank or have the interest of South Africa at heart. However, private shareholders, with limited rights, still have an important role to play in a public-interest entity like the Reserve Bank. In particular, they support and enhance the independence of the Reserve Bank and its governance.
The Amendment Bill tabled in the House today seeks to uphold the nature and importance of the Reserve Bank as a public-interest entity, created by Government for the benefit of all South Africans. The Bill seeks to achieve this by doing the following: Firstly, it stops shareholders from circumventing the current Act's limitation of a maximum of 10 000 shares per shareholder.
The MINISTER OF FINANCE: Yes, but even that takes some time to cure, you know.
Secondly, it allows for the nomination of directors by a broader base of South Africans and for the broadening of representation on the Board of the bank. Thirdly, it provides for the establishment of a panel for the election of directors. Fourthly, it defines clear criteria for the disqualification of persons from serving on the Board. Fifthly, it provides for the confirmation of Board nominees against fit and proper and fiduciary criteria. Sixthly, it clarifies the powers and functions of the Board of the Reserve Bank. Lastly, it provides for the possibility of the Governor and Deputy Governors to be reappointed to serve a term of less than five years.
These amendments have won praise from the international community. In its 2010 survey of South Africa, the Organisation for Economic Cooperation and Development, OECD, described the Reserve Bank Amendment Bill as "a sensible response to the problem of rogue shareholders seeking to undermine the independence of the SA Reserve Bank".
In concluding I would like to touch upon another important principle regarding the Reserve Bank. The role of the Board of the Reserve Bank should never be confused with the role of the Monetary Policy Committee. The MPC, which is constituted by the executive directors, that is, the Governor and the three Deputy Governors, as well as professional members of the Reserve Bank, implements the monetary policy framework of the country. The Board of the Reserve Bank is purely a governance and management board, not a policy board. In this regard, the independence of the Reserve Bank in meeting its constitutional mandate remains very intact, despite the current amendments.
I would also like to explain the urgency of the Bill. I would like to take this opportunity to thank the Governor of the Reserve Bank and her legal team for their hard work and assistance in drafting this Bill, Deputy Minister Nene, the National Treasury Director-General Lesetja Kganyago and his team for contributing to the Bill, and the Standing Committee on Finance, under the steady hand of Mr Thabadiawa Mufamadi, for their sterling work with regard to the processing of the Bill.
I hereby request that this House pass the South African Reserve Bank Amendment Bill 2010. Thank you.
Our deepest fear is not that we are inadequate. Our deepest fear is that we are powerful beyond measure. It is our light, not our darkness, that most frightens us. We ask ourselves, Who am I to be brilliant, gorgeous, talented, fabulous Actually, who are you not to be?
The above extract from the book, and these words in particular, have become like nylon to us, signaling the change shining through the women who dared to challenge the barricades of social limitations which do not only restrict creativity, freedom and expression, but linger to affect every other area of an individual's wellbeing.
Before I confine myself to the report and recommendations of the Standing Committee on Finance to this House, allow me to salute, with respect, the relentless effort of our democracy in embracing the evident torch of light, achievements and paradigms demonstrated by the women of our nation in all spheres of life. The debate on the South African Reserve Bank Amendment Bill takes place when the entire country is celebrating the success of our efforts to liberate women from years of oppression suffered on the basis of their race, class and gender.
It is during this month that we assess the impact of our government's corrective policies and the positive effects that such policies have had in creating a national democratic society in which the women's role is at the centre of development.
The implementation of such corrective measures should not assume that the consequences of democracy will automatically translate into the eradication of patriarchy, which was and still remains the embodiment of economic, social, religious, cultural and other forms of oppression of women in a democratic society.
As we strive to create the ideal society that Tat'uMandela, Tat'uSisulu, together with many other heroes and heroines of our struggle, sought to create, we must never forget to appreciate the first steps they took to make us feel the need to rise even when we thought and felt that we did not have the means to make our case known beyond our borders. Through their courage and commitment, they made it possible for even the most hesitant to realise the need to challenge the everyday reality of life and struggle.
The demand for progress around this particular issue can be decoded in the loud voices whose echoes have broken the walls of silence in our economic corridors. This is a clear indication that time has come for us to honestly introspect the contributions that the financial sector has made in the feminist fight against poverty evident in the physical marginalisation, psychological abuse and the undermining of the potential of women. We must also assess how the sector has assisted in the redirection or lack of equal opportunities for women in positions of authority and power in the economy.
Most importantly, we must, from our political perch, focus on specifics so as to answer the question: Have the financial institutions succeeded in creating unambiguous structures, systems, as well as conducive cultural conditions that embrace the abilities of women so that they flourish and enrich the life of our nation?
The Minister has adequately dealt with the important role of the South African Reserve Bank, particularly in the economy, as well as the relevance of the amendments to the existing Act to address the challenges that the Reserve Bank has encountered in the past few years.
In the processing of this Bill, the committee had an opportunity to interact with various stakeholders, including some of the shareholders, through written and oral submissions. Once again, the committee, in processing this Bill, had to strike a balance between public interest and participation and the challenges that these amendments seek to address within a stipulated period in terms of the Reserve Bank regulations.
Members of the House will be aware of the debate in the public domain regarding the role of the Reserve Bank which has been going on in the recent past and now recently, since the publication of the Bill for public comment. Prior to the publication of the Bill, the debate was whether it is desirable to have private investors as shareholders in the bank or whether it should be entirely owned by the state. These questions arose out of the concern that private shareholders could use their shareholding power to influence the bank and monetary policies to the detriment of the nation and its interests.
Proposed amendments, among others, reflect on the composition of the board. Guided by making the minimum interventions in the Bill, the committee confined its work and aimed at ensuring that the substance of the key mandate of the Reserve Bank remains the domain of the Governor and the Deputy Governors of the Reserve Bank.
In this regard, the proposed amendment of the composition of the board gives effect to the separation of responsibilities between the executive and the board. In terms of the current legislation, as it stands, the board delegates the executive authority to the Governor of the Reserve Bank, which is not healthy. The amendments therefore ensure that the board remains focused on governance matters while the functioning and day-to-day activities of the Reserve Bank are the responsibility and the domain of the Reserve Bank Governor.
The Bill also proposes that four directors be appointed by the President in addition to those who will be nominated through the public process. It is our considered view that this will strengthen the board's functionality in observing governance matters in the day-to-day activities of the bank.
It is important to indicate that the Reserve Bank, unlike other commercial banks, is a statutory body that derives its mandate from the Constitution, which guarantees its independence from external influence. Therefore the role of shareholders is very limited and is outlined in the regulations.
It is in this regard that each person is allowed to own a maximum of 10 000 shares, irrespective of the size of their pocket or the institution that seeks to participate in the shareholding scheme of the Reserve Bank. This ensures that ordinary people can have an equal vote as ordinary shareholders in the bank in terms of the decisions that they need to make.
The consequence of the activities of the shareholders may result in narrowing public participation of ordinary citizens in the bank as some of them seek to manipulate share prices. Ordinarily, the issued shares of the Reserve Bank were, at the beginning, between R1,20 and R1,50. At the time of this amendment being presented before the committee, some of the shareholders had actually manipulated share prices to the value of R6 000 per share. That tells all of us that ordinary people are not able to be participants in the affairs of the Reserve Bank. It begins to be the domain of the few, the rich and those who are driven by nothing else but profit motives. [Applause.] Therefore the committee is in support of the establishment of the panel which will ensure that fit and proper persons will serve on the board.
How is this going to happen The Amendment Bill seeks to establish a panel that will process nominations, and such a panel will be checked by the Reserve Bank Governor. A retired judge, three representatives from the National Economic Development and Labour Council, Nedlac, and one person appointed by the Minister will be part of it. Its responsibility is only confined to processing and interviewing those who will have been nominated to participate or to serve as directors of the Reserve Bank?
With regard to some shareholders who are opposed to the role of the central bank as defined in the Constitution, the ANC strategy and tactics direct us on how we should deal with these matters. They clearly outline that as we surge forward, the key question that should remain uppermost in our minds is: What kind of a society do we seek to create In other words, what is the character of the national democratic revolution?
It is in this understanding that transformation will encounter resistance from time to time, precisely because colonialisation of a special type contained in itself contradictions which cannot be resolved through reforms.
The changes proposed in this Bill will stand or fall on the basis of whether or not it is able to eliminate the main antagonism of the system we currently have in the administration of the bank. Perhaps the question we need to ask now is whether or not the current form and structure of ownership of the bank, with private ownership of shares, is in fact desirable.
Given our history and our experience, which has now necessitated the amendment of the current legislation, it is significant to note that ours is one of the few - nine - central banks in the world that have this kind of arrangement, where private shareholders participate. Among the nine are Australia, Belgium, Greece, Italy, Japan, Pakistan, Switzerland and the USA.
Even though the committee is aware that there are different types of management models of the Reserve Bank, it did not venture into assessing the operations of different models in the world. To us, it remains work in progress. It is evident that after the financial economic crisis, the majority of governments in the world are beginning to review the role of the central banks in the economy.
In our case, the central bank has a critical role, through its monetary policies, to ensure price stability which, in turn, will ensure low inflation or inflation targeting, as envisaged in our macro-economic policy. However, hon members are aware of the debate about the correctness of this approach.
In conclusion, we note that through a corrective policy mix and choices, the central bank can determine the rate of inflation, which influences the size of consumer baskets. Therefore it is essential that the value of money remains stable, because no modern economy can function well if its currency continuously loses value.
The committee is in support of the establishment of an open process of nomination of directors to the board, because the creation of a legitimate state and public institution can only be derived through the regular and popular participation of ordinary people.
Only through this process can we safeguard the independence of the Reserve Bank, by ensuring that those who are nominated to serve will do so with the full understanding that the primary objective of the bank is not to satisfy the whims and aspirations of shareholders whose primary motive is to make super profits at the expense of the poor. Thank you. [Applause.
Dr D T GEORGE: Chairperson, the DA is a patriotic party. We love our country and we cherish its institutions. That is why we work relentlessly to ensure that their functionality is not eroded by the selfish actions of any interest group or any political party.
The SA Reserve Bank was established in 1921. It was modelled on the Bank of England and its primary objectives were to issue banknotes, act as custodian of cash reserves of other banks, lend cash to other banks in the event of shortages of liquidity, clear and settle interbank transfers and act as custodian of the country's gold and foreign-exchange reserves. From the outset shareholding in the bank was intended to be symbolic. Shareholding was limited to ensure that the broader public could participate in ownership of the bank and dividends were limited to restrain the profit motive for share acquisition.
One of the current shareholders who appeared before the committee during the public hearings presented a detailed history of the bank and confirmed that, historically, shareholders played a very limited role in the affairs of the bank and that the bank divulged little, if any, information to its shareholders. Over time, the shareholder said, the bank began to exchange more and more information with its shareholders as governance trends changed over the years and shareholders became more vocal about their demands for access to information.
The relationship between the bank and its shareholders appeared to be progressing in the right direction until a few years ago, when a noise emanating from a group of shareholders started to increase significantly. It was not immediately obvious, but this marked the beginning of a specific strategy by one shareholder in particular, who was determined to unlock the so-called value of the investment in the bank and embarked on a programme to encourage other shareholders, and new shareholders, to do the same. Part of this strategy included attempts to circumvent legislated limits on the number of shares any individual or entity could hold in a bank, with a view to mobilising a block of shareholders to appoint directors to the bank who were sympathetic to their cause.
The strategy included plans to increase the limited dividend payable to shareholders, access capital at the bank and share in their annual profits but not in any losses. An approach was also made to the ANC to nationalise the bank. Their primary motive was to liquidate the bank and receive a massive windfall.
We will never know how the relationship between the bank and its shareholders would have evolved on its current trajectory, because there is no doubt after the public hearings that a legislative intervention is required to match the expectations of the shareholders with those of the bank.
The proposed amendment limits an individual or entity to ownership of 10 000 shares, including the shares held by their associates. Limited shareholding is not new, and strengthening this position will make it more difficult for individuals and entities to yield more influence than the original legislation intended.
Some shareholders claim that the proposed amendment is unconstitutional, is an act of expropriation and contravenes bilateral international agreements on compensation for acts of nationalisation. The basis of their argument is that the bank is a company similar to any other company, is subject to the Companies Act and that they, as its shareholders, are its owners and can do whatever they want with their asset.
The fact is that the bank is a unique policy institution, established in terms of a special Act of Parliament, the Currency and Banking Act No, 31 of 1920, and its shareholders have always known the limits that are associated with ownership of its shares. The bank's view is that the actions of a group of shareholders are undermining its ability to properly perform its functions. The amendment, they argue, will improve and clarify governance of banks.
It is unfortunate that the expectation mismatch between the bank and its shareholders arose, requiring legislative intervention. We need to accept the reality that the SA Reserve Bank performs a crucial policy function and that it also has private shareholders, many without ulterior motives. Despite the noisy dispute, the actual question is how the SA Reserve Bank should be structured to best serve the interests of all South Africans.
The DA recognises the need for government to intervene when the market fails. The world financial crisis has revealed substantial gaps in classical economic theory, especially the assumption that all the information is available and that markets can always self-correct. In this instance, the failure is the misaligned objectives of the bank and some of its shareholders. This problem is not unique and arose at the Bank of England, prior to its nationalisation in 1947. Hansard records of debates in the House of Commons in 1945 and House of Lords in 1946 reflect the primary reason for the bank's nationalisation. Both sides of the Houses agreed that the bank was a unique policy institution and that shareholders should not be permitted to influence the bank for their own benefit. Although the solution, to nationalise the bank, was not unanimously supported, the British government paid £58 million, in 1947, to buy out the shareholders.
During our parliamentary hearings, some SA Reserve Bank shareholders made clear their opposition to current monetary policy and declared a need for a fundamental change in the operation of our entire banking and financial system. This is well beyond their mandate and reflects broader aspirations to influence key aspects of our economy. Board members are not intended to represent a particular interest group and must act in the best interests of the bank. The amendment sets out the corporate governance functions of the board and introduces a mechanism to consider the suitability of directors who will be nominated by a wider group of stakeholders. The number of directors is increased to 15, seven of whom are elected by shareholders. Any shareholder, current director or member of the general public can nominate a director for election.
A panel will confirm that a candidate is suitable for possible election to the board. This process should screen out unsuitable candidates and retain those who are fit and proper and possess the required skills and experience.
During my recent visit to the United Kingdom, I had an opportunity to meet with the governance department at the Bank of England and had a close look at developments in their corporate finance over their long history - since 1694. Their view is that governance is evolving and this is reflected in ongoing amendments of the Bank of England Act.
Similar to the Bank of England, the SA Reserve Bank operation in pursuit of its mandate is independent, but the inflation target is set by government. While the Crown appoints all directors to the Bank of England, the SA Reserve Bank Amendment Bill proposes the election of seven directors, a more transparent and inclusive approach than that of the Bank of England.
Having considered the deliberations before the committee and the role of the SA Reserve Bank in our economy, an amendment to clarify shareholder expectations and improve governance procedures to ensure ongoing stability at the bank is required. The proposed amendment does move in this direction. Governance evolves over time and Parliament must exercise more vigorous oversight over this institution.
It is likely that further amendments will be required over time to strengthen governance and ensure that the most optimal structure is maintained. In this regard, the Bank of England and other central banks, including those that have private shareholders, can provide useful guidelines.
At the peak of the world financial crisis in 2008, a group of 15 leading financial economists met at Squam Lake, New Hampshire, to consider the question of how we can prevent a repeat of the world financial crisis. The resulting Squam Lake report sets out several recommendations, including the need for one organisation in each country to be responsible for overseeing the health and stability of the overall financial system. They argue that the central bank should be charged with this important responsibility. The DA agrees. The role of the SA Reserve Bank is far wider than implementing monetary policy and protecting the value of our currency. It needs to drive macroprudential policy and the necessary microprudential reforms.
The role of Parliament is to hold the bank to account, to provide oversight and to ensure that the bank operates in a stable environment. Although the proposed amendment does improve this stability, it is likely that further amendments will be required in future, especially to enhance transparency and inclusivity. Given that this amendment takes a step in the appropriate direction, the DA will support this Bill. Thank you. [Applause.
Mr N J J van R KOORNHOF: Thank you, Mr Chairman. The debate around the shareholding, the so-called nationalisation and the independence of the Reserve Bank created quite a stir. The financial columns were full of speculation - why the sudden need for these amendments However, as far as I can remember in my political life, in the committees I have served on, the amendments published in this Bill went through the committee unchanged. There were no objections from those parties present at the meetings. Full marks go to Governor Marcus and her team, who have so eloquently argued for the adoption of these amendments?
In 1999, S K Apea wrote, "To ensure that the central bank commands the confidence of the financial system, the Governor, in particular, must possess the following qualities: strong academic and professional background, strong personality and ability to influence opinions through persuasive argument." The Governor lived up to this definition during our hearings.
Fabian Amtenbrink wrote for the International Monetary Fund, the IMF, on the three pillars of central bank governance and according to him the first one is independence. There is large consensus worldwide on the need for central bank independence. This independence concerns the relationship that exists between the bank and the government. It is therefore desirable that the bank and its board are not subjected to political orders or pressures. We, as politicians, must always remind ourselves that the very nature of our positions makes it impossible for us to be impartial to the short-term benefits of an expansive monetary policy. The focus must be long-term stability rather than short-term monetary temptations.
The second pillar of governance is accountability. To the extent that central banks are independent, mechanisms of democratic accountability are required in order to legitimise the position of the bank within a given constitutional system. The legislation is silent - quite correctly - on this, and therefore it is important that Parliament and, in particular, the Standing Committee on Finance, should become more active in this role.
The third pillar of governance, according to Amtenbrink, is that the central bank must be transparent. Transparency includes the public's understanding of decisions taken by the bank and the reasoning behind those decisions. In the words of Deane and Pringle, "an open, democratic society has the right to demand a broad degree of understanding of what central banks do and how they do it". We should design our own parliamentary process to assist in a way that does not compromise the independence of the bank nor apply undue political pressure for the wrong reasons.
Cope will support these amendments. And, in closing, were it not for the various international treaties and the possibility of sending a negative signal to international investors, we would have supported an amendment that only South African citizens should be allowed to buy shares in the Reserve Bank.
We are looking forward to a stable era under the governorship of Gill Marcus. Be strong. Defend your independence and do not allow the debate and disagreement on economic policy within the alliance to undermine your independence. I thank you. [Applause.
Mr M G ORIANI-AMBROSINI: Thank you, Mr Chairman. In a salient showing of the limits of democracy, this Bill does just the opposite of what it proposed to achieve, a fact clearly highlighted in all the public input, but ignored by the media and commentators.
The Bill increases the composition of the Board with people without the required specialised, relevant experience, but takes all the powers of management away from such a bloated board and places them exclusively in the hands of the Governor and the bank's inner and secretive circle. The Bill does nothing to deal with private profits on the bank's shares - the very reason given for its introduction by the Minister. It does nothing to create transparency, representation and accountability where it matters - in the Monetary Policy Committee, which creates and destroys money at will, without any public official or public representative involved in, or aware of, this process.
Effectively, this Bill is an internal coup d'état to concentrate even more power away from public accountability and transparency. It excludes and silences the individual shareholders who, warts and all, are the only existing public watchdog within the bank.
The Bill leaves fundamental issues unaddressed. Who does the Reserve Bank really serve: the country or the banking community Its constitutionally required independence is threatened more by the incestuous embrace of the banking community than by the ineffective and tenuous liaison with our government?
The secretive black box within which the operations of the Reserve Bank take place has remained unaffected. The bank can do as it wishes in creating and destroying fiat money as long as it does so within the broad inflation targets set by government. And, in so doing, it partakes in the broader process through which central banks generate recessions or economic booms at the time they deem best.
Neither the Minister nor this Parliament has the statutory power or the in-house skills base to check on what goes on within the black box, or to answer the allegations we heard during public comments, such as that the gold reserves of South Africa have been moved to England; that the huge losses posted by the Reserve Bank this year are really losses of the banking system transferred to the Reserve Bank by shifting reserve requirements and titular ownership; and that there are preferential tracks for application under the Exchange Control Acts which are said to be applied differently, depending on who the client is. Even the Minister has no power to shine a light into the black box.
The Reserve Bank has been promising to be accountable and transparent, exactly because this Bill does not create any legal obligation for it to do so, and we must rely merely on its promises. The public input we received about this Bill [Time expired.] Under these conditions we cannot but oppose this Bill.
Ms P E ADAMS: Hon Speaker, hon members, ladies and gentlemen, given the difficulties that the Reserve Bank has been experiencing in the past, as evidenced by the recent public debate regarding the changes being proposed by this Bill, amendments to clarify the different roles of shareholders, the executive and Parliament are welcomed.
In the main, the role of the shareholders in the context of the Reserve Bank is to safeguard its independence as stipulated in the Constitution of the Republic and to ensure that it fulfils its mandate as set out in the South African Reserve Bank Act. Collectively, the role of the shareholders must be seen as that of the board of directors as a whole. Clauses seven and eight strengthen the public character of the SA Reserve Bank. They will assist in building the credibility of the bank. Shareholders have to act in the interest of the bank and the public.
The Bill identifies roles of the board in terms of its responsibilities, powers and duties. These include corporate governance matters, such as compliance, rules adoption and policy determination, approving the budget, reports, appointment of bank secretaries and assistants, remuneration policy, allocations of funds to the retirement fund, authorising the establishment of branches, making recommendations to the Ministers and performing any function assigned to it in terms of the Act.
Most of the problems affecting public institutions are as a result of unclear mandates between the various stakeholders such as the board of directors, executive management and government. The Bill clearly defines the role of the board as that of governance, authorising and reporting. It provides for clear demarcation of responsibility between the board and operational management, vested with the governor and the deputies. These functions are consistent with best practice and principles of good governance internationally as far as central banks are concerned.
Directors must be fit and proper to act in the interest of the SA Reserve Bank and not of shareholders. The establishment of a panel and its proposed composition is viewed as the most appropriate mechanism to ensure nominees are fit and proper, as the SA Reserve Bank plays a vital role in the South African economy. The amendments of sector allocations are intended to ensure that the board has persons with knowledge of relevant sectors. Presidential appointees will contribute to this knowledge.
The role of the executive management, on the other hand, is a dedicated one from the Governor and the Deputy Governors. Their role is that of implementing policy and management. They do not take decisions that are of governance nature. They account to the board, who in turn accounts to Parliament. Parliament's role is critical in the sense that the bank is also independent of the executive arm of the state. Its role is to seek accountability from the bank through its board of directors. Parliament is entitled to summon the bank to account at any point in time, should it be necessary to do so. I thank you. [Applause.
Mr S N SWART: Chairperson, the Reserve Bank, as we know, is a crucial independent institution in South Africa, mandated inter alia with determining monetary policy. Public hearings on this Bill exposed a very high level of mistrust between shareholders and government, as well as confirming concerns that some shareholders seek to influence not only executive management decisions but also operational issues, including monetary policy decisions.
This is clearly beyond the mandate of shareholders, as previous speakers have indicated. This is a situation that is untenable, resulting in these amendments before us. The amendments require that board members - certain board members - must be screened by a panel to determine their suitability, whether they are fit and proper persons with appropriate skills and experience, taking into account the requirements contained in the Banks Act of 1990.
The amendment clarifies that bank directors owe their fiduciary duty and that of care and skill to the bank, and to no one else. The bank must serve the public interests and not a personal shareholder's objective. Directors must therefore avoid any conflict of interest between his or her interests and those of the bank.
The ACDP raised certain questions as to why this panel will only screen the shareholders-nominated directors and not the directors appointed by the President. We accept the explanation that this would impinge upon the President's powers, but it did seem slightly odd to us during deliberations.
The President's appointments must in any case satisfy the same requirements, of being fit and proper persons to be appointed with appropriate skills and experience. Significantly, the whole policy debate as to whether there should be shareholders at all has been postponed to a later occasion. In view of this and of the concerns surrounding the shareholders, the ACDP will support this Amendment Bill.
As the last issue, relating to what Mr Oriani-Ambrosini said, may I just say that these are valid concerns that we as parliamentarians also need to consider. Clearly the Reserve Bank is accountable to Parliament in the final instance. At least in future we should engage and consider some of those concerns that Mr Oriani-Ambrosini raised, particularly to the secrecy box and in the view of the fact that the Reserve Bank is accountable to Parliament. I look forward to engaging with the Reserve Bank in more detail to discuss those concerns. I thank you.
Mr E M MTHETHWA: Hon Chair, hon members, ladies and gentlemen, the ANC has gone through this Bill. The Minister has alluded to a number of issues, which include governance and some technical aspects. One focus is that of corporate governance leading to the proposed amendment.
The main objective of the Reserve Bank, in terms of the Constitution, is to protect the value of the currency of the Republic in the interest of balanced and sustainable economic growth in the Republic. This places a premium on the importance of good corporate governance in the way the bank is being managed.
Although the reasons for this Amendment Bill are not only about corporate governance, as was correctly alluded to by my chairperson, a lot of the issues that led to the amendment are of a governance nature. In recent years, evidence suggesting that the current Act might be open to potential abuse has come to light. This relates to the potential for private shareholders to increase their shares above the prescribed maximum of 10 000 shares per shareholder by purchasing shares through their relatives. These shares could then be used to influence the bank through acquiring the so-called "voting powers". I wonder why some people are asking why the Bill is being challenged now, as some of my colleagues from Cope have been doing.
The main aim of the Bill is to amend the SA Reserve Bank Act, Act 90 of 1989, in order to stop the bank's shareholders from circumventing the prescribed maximum of 10 000 shares per shareholder; to broaden public involvement in the nomination of directors and board representation; to provide for the establishment of a panel for the election of directors; and to clarify the power of the board and those of the Governor and the deputy. In so doing, the aim is to improve the bank's governance.
The most important amendment in relation to corporate governance is the stipulation of the limitation on the number of shares that the shareholders may hold in relation to associates and the setting of measures to prevent the circumventing of the limitation on the maximum number of shares a shareholder may hold. The Bill sets the limits for private shareholding by stipulating that "no shareholder shall hold, or hold in aggregate with his, her or its associate, more than 10 000 shares in the Bank" and sets the limits for voting rights of private shareholders by stipulating that "no shareholder shall either directly or indirectly exercise any vote as a shareholder in respect of the number of shares in the Bank held by him, her or it, either alone or in aggregate with his, her or its associates in excess of 10 000." The same conditions apply to companies with interlocking directorates.
The proposed amendment, as the chairperson also alluded to, will help to ensure that the bank is seen as truly fulfilling its public-interest role and acting independently from private shareholders' narrow interests. It will also assist in strengthening good corporate governance in the bank, thus improving its credibility and public confidence. Currently, this is not the case.
We also had the privilege to listen to shareholders when they presented the history of 1921 on the establishment of the bank. All in all, the ANC supports this Bill on the basis that it will now be open to the public to allow them to participate freely and not just serve the interest of the minorities. I thank you. [Applause.
The MINISTER OF FINANCE: Chairperson, I thank all the representatives of the various political parties for their contributions. I also thank the various stakeholders who made presentations to the standing committee for their contributions and thoughts, whether we agreed with them or not. That is relevant. Their participation is important.
The majority of the parties shared the view of the government that the Reserve Bank is an institution which is central to our national interests. No individual, shareholder or groups of shareholders should try to interfere with its mandate in any kind of way. Any attempt to do so must require us to act, as we have done in this regard.
The only lone voice out there is that of hon Ambrosini. I must certainly assure him that this is no internal coup d'etat. In response to both him and hon Swart, the Governor of the Reserve Bank and her colleagues do appear before the standing committee. You have adequate opportunity to raise any matter that you wish to raise with them. I am sure that they will account to you as they account to South Africa more generally.
All in all, thank you very much for the support for this Amendment Bill. Once again, I thank the standing committee for processing the Bill so effectively. Thank you. [Applause.
Mnr A M MPONTSHANE: Agb Voorsitter, kan u die IVP se besware op rekord plaas [Hon Chairperson, can you put the objections of the IFP on record?
The House adjourned at 16:03.
Register of shareholders of the South African Reserve Bank as at 31 March 2010, in terms of section 32 of the South African Reserve Bank Act, 1989 (Act No 90 of 1989).
Appropriation Bill [B 3 - 2010] (National Assembly - sec 77).
Defence Amendment Bill [B 11 - 2010] (National Assembly - sec 75).
2009 Tax Statistics, a joint publication of the National Treasury and South African Revenue Service.
Government Notice No 393 published in Government Gazette No 33184, dated 14 May 2010: Invitation for written representations or comments on the Draft National Strategy on Sustainable Development and Action Plan 2010-14.
Government Notice No 400 published in Government Gazette No 33186, dated 14 May 2010: Delegation of authority in terms of section 42 of the National Environmental Management Act, 1998 (Act No 107 of 1998), read with section 6(1) of the National Environmental Management: Biodiversity Act, 2004 (Act No 10 of 2004), to issue permits under regulation 3(3) of the Cites Regulation, 2010.
Draft Regulations made under section 9(2) of the 2010 Fifa World Cup South Africa Special Measures Act, 2006 (Act No 11 of 2006).
Report of the Public Service Commission (PSC) on An Assessment of the State of Human Resource Management in the Public Service - November 2009 (RP33-2010.
Consolidated General Report of the Auditor-General on Local Government Audit Outcomes for 2008-09 [RP 89-2010].
Consolidated General Report of the Auditor-General on Provincial Audit Outcomes for 2008-09 [RP 74-2010].
Geoscience Amendment Bill [B 12 - 2010] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33014 of 12 March 2010.
Introduction and referral to the Portfolio Committee on Mining of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.
Government Notice No 280 published in Government Gazette No 33049, dated 23 March 2010: Determination in terms of item 2(3)(a) of Schedule 1 to the national Liquor Act, 2003 (Act No 59 of 2003) of the commencement of the Northern Cape Liquor Act, 2008, on 1 April 2010.
Government Notice No 244 published in Government Gazette No 33059, dated 1 April 2010: Intended withdrawal of compulsory specification of breathing apparatus and amendment to the compulsory specification for respiratory protective devices in terms of section 13(4) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
Government Notice No 245 published in Government Gazette No 33059, dated 1 April 2010: Amendment to the compulsory specification for motor vehicles of Category M2/3 in terms of section 13(1)(a) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
Government Notice No 246 published in Government Gazette No 33059, dated 1 April 2010: Amendment to the compulsory specification for motor vehicles of Category N2/3 in terms of section 13(1)(a) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
Government Notice No 344 published in Government Gazette No 33137, dated 23 April 2010: Publication of 2010 Soccer World Cup Liquor Regulations for written comment in terms of section 42 of the Liquor Act, 2003 (Act No 59 of 2003).
Government Notice No 351 published in Government Gazette No 33139, dated 30 April 2010: Designation of places as counterfeit goods depots and appointment of persons to be in charge of the depots in terms of section 23(1) and (2) of the Counterfeit Goods Act, 1997 (Act No 37 of 1997).
Government Notice No R. 348 published in Government Gazette No 33152, dated 7 May 2010: Introduction of a compulsory specification for Compact Fluorescent Lamps (CFLs) (VC 9091) in terms of section 13(1)(a) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
Government Notice No 295 published in Government Gazette No 33086, dated 9 April 2010: Call for nominations for the appointment of three candidates to the Arts, Culture and National Heritage Distributing Agency of the National Lotteries Board in terms of section 30(1) of the Lotteries Act, 1997 (Act No 57 of 1997).
National Policy Framework on Child Justice, drafted and submitted for tabling in terms of section 93 of the Child Justice Act, 2008 (No 75 of 2008).
Annual Report of the Bank Supervision Department of the South African Reserve Bank for 2009.
Report and Financial Statements of the Commission on Restitution of Land Rights for 2009-10.
Draft Policy Framework on Accreditation of Diversion Services, drafted and submitted for tabling in terms of section 56 of the Child Justice Act, 2008 (No 75 of 2008).
Report of the Public Service Commission (PSC) on the Effectiveness of Public Service Leadership in the Promotion of Intergovernmental Relations.
Consolidated General Report of the Auditor-General on Local Government Audit Outcomes for 2008-09 [RP89-2010].
Consolidated General Report of the Auditor-General on Provincial Audit Outcomes for 2008-09 [RP74-2010].
Register of shareholders of the South African Reserve Bank as at 31 March 2010, tabled in terms of section 32(3) of the South African Reserve Bank Act, 1989 (Act No 90 of 1989).
Report and Financial Statements of the Public Service Sector Education Training Authority (PSETA) for 2008-2009, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2008-2009 [RP 100-2009].
Draft Regulations on the participation of municipal staff members as candidates for National, Provincial and Local Elections.
The Portfolio Committee on Higher Education and Training undertook an oversight visit to the University of Zululand, the Department of Higher Education and Training, Tshwane University of Technology and the University of the Free State on 12 - 15 April 2010 as part of its ongoing oversight visits to institutions of higher learning. The purpose of the oversight visit was primarily to interact with the above mentioned institutions on critical issues such as admissions policy, enrolment planning, merger processes, their transformation plan, student access and success, challenges of student accommodation in residences as well as those experienced by student leadership at higher education institutions.
The Committee also interacted with representatives of the National Skills Fund and Sector Education and Training Authorities (SETAs) in order to ascertain the impact of these entities on skills development in KwaZulu-Natal. The oversight was conducted within the context of the newly reconfigured higher education and training landscape which incorporates the Skills Development functions transferred from the Department of Labour. At the centre of the new arena is the need to facilitate flexible and dynamic linkages between universities, FET colleges, the SETAs and the NSF to meet the differentiated demands and opportunities for skills development across various segments of the sector. By conducting this oversight, the Committee aimed in part to ascertain how the reconfigured sector is responding to this new challenge.
The oversight visit formed part of the committee's plan to visit the 23 public higher education institutions with the aim of revisiting the notion of transformation and social cohesion holistically, focusing on issues of student access and success, equity and equality, examining the role of higher education in a developmental state, disbursement of financial assistance in higher education institutions, discussing the need for a more systematic and structured student support systems, feasibility of a more effective skills development strategy and other relevant matters in the higher education and training spectrum.
The committee interacted with the three public higher education institutions, the department, and representatives of the Sector Education and Training Authorities (SETAs) responsible for skills development in KwaZulu-Natal province. The interaction with the institutions provided an opportunity for the committee to comprehensively ascertain the level of progress made in relation to the agendas of the visit. Although the visits were relatively brief, it was empirical to note that a visit of this nature added much needed value to the committee as part of its oversight function. The discussion on skills development focusing specifically in KwaZulu-Natal provided the committee with an opportunity to identify the level of development and progress made thus far in the skills sector in the province. It was clear from these proceedings that increased focus to tackle the challenge of the 5 million illiterate adults in the province would be required.
The multi-party delegation from the Portfolio Committee on Higher Education and Training comprised of Mr M Fransman, MP Chairperson (ANC), Ms N Gina MP (ANC), Ms M Kubayi MP (ANC), Mr G Lekgetho MP (ANC), Mr S Makhubele MP (ANC), Ms F Mushwana MP (ANC), Ms W Nelson MP (ANC), Mr S Radebe MP (ANC), Mr G Boinamo MP (DA), and Ms N Vukuza MP (COPE).
The UZ was represented by Prof F Mazibuko, Vice-Chancellor; Mr F Doeseb, Acting Registrar; Prof R Gabela-Vika, Head of Department Educational Planning and Administration; Dr M Mokoele, Executive Director of Human Capital; Mr D Makhathini, Chairperson of Labour Movement; Prof B Khoapa, Interim Head of Richards Bay Campus; Mr T Makhathini, Student Representative Council Administrator; Prof T Sibaya, Deputy Vice-Chancellor; Mr D Ocholla, Vice Dean of Arts, Dr M Govindsamy, Chief Financial Officer; Prof R Ori, Executive Dean of Science and Agriculture; Prof N van den Bergh, Executive Dean of Commerce, Administration and Law and Ms N Mbatha, Student Representative Council Administrator.
The department was represented by Mr J Hoon, Director of SETA Coordination; Prof M Sibara, Chief Director; Mr T Tredoux, Chief Financial Officer; Ms K Menon, Acting Deputy Director-General of Higher Education; Mr Z Hlongwane, Director; Mr F Strydom, Director of National Skills Fund; Ms A Bird, Acting Deputy Director-General of Skills Development; Mr E Mashabane, Acting Chief Director and Ms N Nqaba, Parliamentary Liaison Officer for the Ministry.
The TUT was represented by Prof E Tyobeka, Vice-Chancellor; Prof L van Staden, Deputy Vice-Chancellor of Teaching, Learning and Technology; Prof S Molefe Deputy Vice-Chancellor of Institutional Planning and Operations; Dr P Nevhutalu, Deputy Vice-Chancellor of Research, Innovation and Partnership; Ms G Mashabela, Deputy Vice-Chancellor of Finance and Business Development; Mr N Stofberg, Registrar; Dr K Ndlovu, Strategic Advisor and Mr F Phooko, President of the Student Representative Council.
The UFS was represented by Prof J Jansen, Rector; Prof R Moraka, Vice-Rector of External Relations; Prof T Verschoor, Acting Senior Vice-Rector; Prof D Viljoen, Vice-Rector of Operatons; Prof I Steyn, Registrar; Prof J Henning, Dean of the Faculty of Law; Prof M Corus, Dean of the Faculty of Economic Management Sciences; Prof N Heideman, Acting Dean of the Faculty of Natural Sciences, Prof D Francis, Dean of the Faculty of Education; Prof D Tolmie Dean of the Faculty of Theology; Mr R Buys, Dean of Student Affairs; Dr C Makhetha, Special Assistant to the Vice-Chancellor; Ms H Lombard, Director of Library and Information Services; Mr F Nkoana, Director of Student Academic Services; Ms A Lombard, Mr J Grobelaar, Chairperson of UVPERSU; Chief Executive Officer of UVPERSU; Mr Q Koetaan, Director of Housing and Residence Affairs; Dr J Strydom, Director of Housing and Residence Affairs; Prof C Tolmie, Director of Information and Communication Technology Services; Ms L Loade, Acting Director of Strategic Communication; Mr F Marais, Director of the Centre for Higher Education Studies and Development; Prof R Britz, Programme Planning; Ms S Welman, Secretary of NEHAWU; Mr M Masitha, President of the Student Representative Council; Mr B Bosch, Member of the Student Representative Council; Mr T Letsoaru, Vice-President of the Student Representative Council; and Ms G Sigwil, Ladies Internal Liaison Student Representative Council.
Other guests who were present at the meetings included Dr R Patel, Chief Executive Officer of MERSETA; Mr P Naicker, Chief Executive Officer of CTFLSETA; Mr J Madiba, Chief Executive Officer of AgriSETA and Ms B Gwagwa; Project Manager KZN Office of the Premier.
Mr H Mashabane, Acting Chief Director of Skills Development, led the presentation.
The NSF was established under the Skills Development Act of 1998. The NSF is responsible for funding projects identified in the National Skills Development Strategy (NSDS) as national priorities. The Director-General of the Department of Higher Education and Training is the accounting authority of the fund.
The NSF projects a total budget of R2 billion for the current financial year. The key programmes of the NSF include the Social Development Initiatives and Critical Skills Support which have been allocated 62% of the total budget for the past five years.
The key challenges of the NSF include, inter alia, improving institutional mechanisms and capacity, creating a stronger link with the department and addressing under-disbursement of funds.
A total budget of R97 million was allocated to KwaZulu-Natal, targeting approximately 17,520 learners. Interventions were directed towards the development of Adult Basic Education and Training (ABET), learnerships, apprenticeships, and Extended Public Works Projects (EPWP).
Approximately R92 million (98.4%) of the total budget of R97 million has been spent. The project is due for completion in June 2011. The ABET project was allocated R72 million, and it reached the most remote areas and empowered the more marginalised sector in the province.
Learners who completed the ABET programme received recognised qualifications and some of these have been absorbed by the labour market.
Facilitators of the project were drawn from local communities and literacy rates have increased. Other initiatives include the Social Development Funding window, critical skills support through SETA projects and informal sector support.
Dr R Patel, Chief Executive Officer of MERSETA; led the presentation. The presentation drew attention to the following key issues.
MERSETA facilitates skills development for metal and engineering, auto manufacturing, motor retail and component manufacturing, tyre manufacturing and plastic industries. The five sub-sectors of MERSETA comprise 44000 companies with a workforce of 600 000.
MERSETA is currently involved in Institutions of Sectoral or Occupational Excellence (ISOE) for Tool, Jig and Die Making initiative. The Coastal KZN FET has been accredited as an ISOE for this initiative for the past 3 years. In Pietermaritzburg 36 learners were trained at NQF level 2 Mechanical Engineering Tool-making. Through MERSETA's Small Medium Enterprise Project, the SME's are supported through voucher systems. Over the last 2 financial years MERSETA has disbursed Mandatory Grants of R38, 262,387 in 2009 and R30, 464,982 in 2010 to its companies in the province. Discretionary Grants of R163, 959,178 have been committed to companies in the province. The Youth Project funded for educational projects in the province for unemployed youth is valued at R13 million.
Other areas of current involvement in the province include the Training Lay-Off Scheme, the Disabled Project and Non-Government and Community Based Organisations (NGOs/CBOs).
Mr P Naicker, Chief Executive Officer, CTFL SETA, led the presentation.
The CTFL SETA has approximately 1230 eligible member companies of which 33% operate in the KZN province.
The CTFL SETA supports the CTFL Centre of Excellence at Durban University of Technology (DUT) by providing bursary support to Textile and Clothing Technology students studying at DUT.
It also supports Industry Training Unit operating from DUT via projects funded from discretionary funding such as Technical Training for clothing firms and New Venture Creation training and monitoring programme.
Support is also given to firms operating in the province through a discretionary grant funding window and Education and Training Quality Assurance (ETQA) support to 23 accredited workplace providers.
AgriSETA deals with approximately 35000 commercial enterprises and 450 000 under-resourced enterprises with a total of 4100 levy payers. The total income of the SETA is R142.6 million with a discretionary fund of R65 million. The agricultural sector contributes 25% to change rate in Growth Domestic Product (GDP).
Over the past 3 years, agriSETA invested R38 million discretionary funds and R32 million mandatory grants in KZN and trained in excess of 2000 beneficiaries (employed or unemployed). The SETA delivers its programmes through 41 accredited private training providers in KZN, 4 FET colleges active in agricultural skills development, and 2 agricultural colleges.
The major challenges of the SETA is the fact that the levy-grant system is not ideal for economies or sectors dominated by small and informal sectors, climate change, and the land reform process.
Prof F Mazibuko, Vice-Chancellor; University of Zululand led the presentation proceedings. The presentation highlighted the following critical issues.
The University of Zululand is one of six comprehensive universities in South Africa and is strategically situated in the Durban-Richards Bay Corridor. Like all South African universities, the University of Zululand is expected to have an ongoing deliberate transformation agenda that examines practices and philosophies that underpin its core business, intellectual projects and other scholarly activities. Its vision and mission is to be a leading rural-based university and a comprehensive university providing quality education.
The Vice-Chancellor of the university was appointed on 01 February 2010. On her arrival at the university, she discovered that the university did not have a permanent Student Representative Council (SRC), a matter of serious concern. An SRC Caretaking Team consisting of two staff members was appointed as an administrator of the SRC. Political tensions are said to be the major contributor to the collapse of the SRC at the university. Management of the university has met with students and discussed the issue resulting in the setting of a possible date for the next SRC elections.
Registration practices and academic implications: The registration process, staffing and technologies of the university require an overhaul.
Safety and security: The university security portfolio will be transferred from the office of the Registrar and all security units will be unified and required to report to the office of the Vice-Chancellor. A list of all the university suppliers of services and materials will be drawn up and scrutinised.
Installation of the Chancellor and Vice-Chancellor: The installation of the new Vice-Chancellor will take place on Friday 30 April 2010 and Mr S Ndebele (Minister of Transport) confirmed his availability.
Student Residences: Residences will be secured from intrusions from people coming from outside or invading from inside and immediate action will be taken to restore what is physically damaged in the residences. A modern and decent facility will be part of the student centre.
Dr M Mokoele, Director Human Capital, led the presentation proceedings.
The impact of globalisation has led to a decline in quality qualified academic staff, in particular women. The University of Zululand has lost a number of qualified young academic staff who were attracted by better offers in the private sector.
The university needs to place emphasis on the retention of academic staff and to review both academic and non academic structures concurrently. Human Capital Management (HCM) must be strategic in transforming the university to access funding and achieve its mission. It also needs to focus on staff training and development, including research orientation.
Essentially, the university needs to reposition itself by incorporating good governance, capitalising on human capital and fostering collaborations with other institutions.
Current HCM projects: In 2007, the university committed itself to job evaluation and job description writing which was completed in 2009. Remuneration alignment and performance management are currently being implemented. A review of strategic and action plans is scheduled for May 2010.
Mr J Doeseb, Acting Registrar, led the presentation proceedings.
The university, like any other comprehensive university still offers higher certificates, bachelor degrees, and national diplomas. The university uses the National Senior Certificate (NSC) as a benchmark for admitting students to various courses. Students without Matric endorsement are accepted for national diplomas and, those with an endorsement are admitted for bachelor's degree programmes.
Like the majority of other universities in the country, UZ has experienced a huge demand for admission in the education and humanities programmes. The introduction of certificate and diploma programmes as well as the introduction of foundation programmes in science, engineering and technology and business management will provide increased access to scarce skills areas.
The university currently enrolls 12500 students of which 11005 are undergraduates and 1495 are postgraduates. The majority of these students 5350 (41%) are enrolled in the humanities, and 4000 (40%) in education. African students constitute the majority of students with 12299 currently enrolled, followed by Indians who total 114 and other races. The large proportion of black students represents the geographical location of the university which is surrounded by local rural areas. Most of the students in the university are drawn from nearby schools.
The Director, Mr H Ramapheka, led the tour of the department.
The committee was informed that the Sol Plaatjie Building, Head Office of the department, was a privately owned property and the Department of Public Works did not reserve any rights to the building. Construction work and building maintenance were solely handled by the department.
The Department of Basic Education which was previously sharing the building with the department, had occupied another nearby building. At the time of the tour, the committee discovered that documents and other furniture items belonging to the Department of Basic Education were being removed to the nearby building. Though the building was quite old, its overall condition was conducive as a workspace.
Prof E Tyobeka, Vice-Chancellor led the presentation.
The presentation began by reflecting on the state of the three former technikons that merged to form TUT, namely, Technikon Northern Gauteng (TNG), Technikon North West (TNW) and Technikon Pretoria (TP). Graduation rates, number of post graduates, and level of research output were below national average at both the TNG and TNW prior to the merger.
The motivation for the merger of TNG, TNW and TP was based on the premise that the new institution would overcome the apartheid induced legacy of division between historically white and historically black institutions and ensure effective and efficient utilisation of resources through effective planning processes.
The relocation of faculties, which still in progress, has been accompanied by infrastructural improvements where the faculties are being accommodated. Duplication of programmes has been eliminated.
Challenges still remaining include: the finalisation in the relocation of faculties, resources for relocation support services and attention to issues of staff relocation.
Dr P Nevhutalu, Deputy-Vice-Chancellor of Research, Innovation and Planning, led the presentation.
At the time of the merger in 2003, the subsidies research outputs of the three independent institutions were as follows: TP had total subsidies research output of 44.48% compared to 4.17% in TNG and 7.97% in TNW. Before the merger in 2002, TP had a total number of 37501 postgraduates as compared to 11056 in TNG and 5077 in TNW. The percentage of staff with doctoral qualification was 13% in TP as compared to 2% in both the TNG and TNW.
The number of staff with postgraduate qualifications has improved significantly after the merger. In 2008, the total number of staff with postgraduate qualification was 422 as compared to 262 in 2004. TUT has the highest number of rated researchers (28 in 2008) than any other university of technology in the country.
TUT has a number of spectacular innovations that include, but not are not limited to, the electronic bicycle (A HI FAMBENI), power management systems and smart vehicle harness. The current challenges in research and innovation include insufficient funding, research space and equipment, research management capacity and recruitment of personnel with doctoral degrees.
Prof L van Staden, Deputy Vice-Chancellor of Learning and Technology, led the presentation.
The TUT consists of seven faculties and 56 departments in three provinces (Gauteng, North West and Mpumalanga). The enrolment target of the institution is 56 000 students with 436 academic programmes, 1000 permanent academic posts and R700 million academic budget.
The three former institutions differed widely in their philosophy and approach to academic development. The pre-merger period was characterised by fragmentation, and a lack of common vision and framework for academic development.
The undergraduate success rate increased with 7.32% since 2003 and surpassed the department's target set for TUT by 2010 with 2% in 2008. Its undergraduate headcount enrolment increased with 4647 since 2003.
Prof S Molefe Deputy Vice-Chancellor of Institutional Planning and Operations led the presentation.
The reasons for the merger were constituted by a number of government objectives which included, amongst others, the transformation of the higher education landscape to a single but differentiated system, ensuring better access, the elimination of duplication of academic programmes and the opportunity to improve service delivery and overall quality.
TUT developed an Institutional Operating Plan (IOP) to give effect to the merger. The merger initially cost R700 million. Only R302 million was provided by the department to fund 33 infrastructural projects in order to effect relocation. 20 projects in total are completed, seven are under construction and six are under the tender process. The outstanding 13 projects will be completed by December 2010.
The infrastructure projects funding summary includes R48 million for Ga-Rankuwa campus, R135 million for Soshanguve campus, R36 million for Pretoria campus and R32 million for other projects.
Ms G Mashabela, Deputy Vice-Chancellor of Finance and Business Development led the presentation.
TUT consists of 30 student residences in 272 buildings with a population of 10382 students. There is an Institutional Residence Committee (IRC) which is made up of chairpersons of the campuses, All Residence Committees (ARC's) and Secretaries as well as ARLC staff members.
Residential committee's are responsible for emergencies, security, residence life and sporting activities. ALRC is responsible for leadership training, life skills development, community service, academic support for residence students.
The Soshanguve and Garankuwa campus residences at the time of the merger were found in the following state: up to four students resided in one room, there was no sufficient furniture in student rooms, no security and access control, no student social life and poor discipline.
Transformation achievements in residences include the integration of students through placement policy, and an improvement of the management of residences. Students are placed per faculty and are only guaranteed accommodation if they achieve at least 50% pass rate.
TUT strives to provide sport facilities of a high standard at all campuses. This is achieved through a budget allocation as well as assistance from the LOTTO fund.
Four years after the merger, the Soshanguve and Ga-Rankuwa residences have significantly improved with rooms fully equipped with furniture and fluorescent lights.
Mr F Phooko, President of the CSRC led the presentation.
Enrolment planning: The main challenge for students with regards to the enrolment planning of TUT is that it changes constantly. Bureaucracy during the registration period affects students negatively. Most students coming from other provinces are delayed since their applications are processed and approved at the main campus in Pretoria. No financial support or accommodation is provided to these students while they wait to be admitted to the institution.
Residences: The Ga-Rankuwa and Soshanguve residences are still operating without an adequate infrastructure. The institution has only renovated and painted the residences when they should rather have constructed new buildings. Facilities at the residences are still a cause of concern for students and little has been done to address this issue. Residences in satellite campuses are poorly maintained and some students are not accommodated.
Constitution of the SRC: There is a notion that the management of the institution undermines the Constitution of the SRC. The SRC is seldom consulted on critical decisions of the institution. The main challenge is that there is currently no SRC structure at the Soshanguve campus which affects the representation of the students needs to management. No date was set for the election of a new SRC for this campus.
National Student Financial Aid (NSFAS): Students currently enrolled for the Bachelor of Technology (BTech) degrees are not assisted with NSFAS funding. This has contributed to a high drop out rate of economically challenged students enrolled for this degree and there were no plans to address this issue.
Merger: The merger process has disadvantaged the historically disadvantaged merged institutions. As a result, enrolments have been capped significantly at the Soshanguve campus. The aspirations of the merger were positive. However, the SRC showed concern that those with the mandate to fully implement the merger were not effectively carrying out the task.
Prof J Jansen, Rector of the UFS, led the presentation, which highlighted the following.
The UFS has approximately 30000 enrolled students for the 2010 academic year with 60% of the majority being black students, 5.4% Coloureds, 0.5% Indians and 34% Whites. The institution attracts a large number of students from nearby provinces and is committed to the developmental goals of transformation to move forward.
At the time of his arrival (Prof Jansen, Rector), there was a dent on the image of the institution. The institutional culture was not conducive to certain races within the institution. Racial disintegration tensions were evident among the students in the campus and this was a serious concern for the Rector. The Reitz incident overshadowed the image of the institution even nationally.
During the period of 10 months upon the appointment of the new Rector, significant progress has been achieved in restoring the image of the institution. Students were divided in 50-50 ratio in residences to promote racial integration. Approximately 16 residences have completed this phase and four are still in progress. An enormous amount of work in integrating students has been achieved.
In terms of knowledge, the Rector has proposed a curriculum review of the institution to Senate to allow students to study core knowledge including on how to be human and reflect on the meaning of integration. There is also a proposal for the institution to conduct a study on race in higher education.
The institution has a challenge of a low throughput rate and already the issue is being addressed through extensive work to change its teaching model and admission criteria to improve success rates.
The institution is currently working with disadvantaged high schools in the province to encourage first generation students to succeed and reach higher education.
In a bid to bring about greater staff equity and to position the institution among the leading universities in the continent, the UFS, through the Vice Chancellor's initiative, has set aside funds to recruit 25 of the most promising young scholars (new PhDs students) for intensive training in becoming the next generation of UFS professors.
The institution has submitted its transformation report to the department. The Rector promised the committee that if the situation of the institution does not change, he will take responsibility for its failure.
Mrs M Wilson-Strydom led the presentation.
The UFS has a long history of commitment to the goal of increasing participation and providing alternative access routes to counteract the impacts of low quality schooling. The challenge of student under-preparedness for university level is growing at the UFS specifically and nationally.
The UFS currently offers four different access routes to the university, namely, a 3-year mainstream undergraduate programme, a 4-year extended degree programme, a University Preparation Programme (UPP) and Recognition of Prior Learning (RPL).
Since 1993, 4159 students enrolled at the UFS after the UPP year. Since 1996, 1111 degrees have been awarded at the UFS. The UPP pass rate at the end of 2009 following specific focus on student support was 74%.
The UFS has four main projects / programmes to enhance student success. These are: student engagement research, a new academic tutorial programme, student orientation and academic advising.
Mr M Masitha, President of the SRC led the presentation.
Social Integration: Black and white students are still racially disintegrated in residences. The new placement policy has not worked well in addressing this challenge. White students are resisting integration with the predominantly black students' residences. The 50-50 placement ratio has failed to integrate students to share the same rooms. Black students are still sharing rooms with their counterparts though there are white students living in the same block. Only 30% integration has been achieved in residences.
Employment Equity: The UFS has a majority of white males through-out its academic ranks. Promotion has been predominantly based on racial status rather than academic capabilities and work performance. There is currently no move to employ black academic staff and this affects students negatively.
Security: Security and access control of the campus, especially in residences is not adequately managed. Lighting is a serious challenge on campus and this has led to an increase in the rate of thefts in residences. Cameras situated around the campus are not sufficiently monitored and evaluated.
Deregistration of Students: Some students were registered on condition that they settle their accounts in April 2010. This is unacceptable as the majority of these students are economically challenged. Approximately 1500 students have been deregistered due to debt and the SRC appealed to the management to extend the date until negotiations are completed.
Learning: The UFS uses a parallel medium of instruction for learning. This divides the students according to their language of tuition. Black students are often disadvantaged as their classes continue until evening due to lack of capacity in English classes. There is no shuttle services provided for students living off campus and this leads to non-attendance of classes.
The committee remained extremely concerned with the level of commitment of AGRISETA and CTFLSETA towards skills development in KwaZulu-Natal. One of the reasons provided by the CTFLSETA was that the clothing and textile industry was experiencing a downward trend and most of the industries in the sector were closing down. AGRISETA indicated that farm workers required Adult Basic Education and Training (ABET) just to be able to count money only.
A concern was raised with the contribution of the SETAs in training per learner. It was noted that most manufacturing industries were not keen in training learners due to the high costs involved in training of artisans. The department was requested to intervene in ensuring that more funding is allocated in the training of learners.
It was noted that the country was faced with the shortage of engineers and by 2020 research shows that there will be insufficient engineers in the country. A proposal was made that Technical High Schools should be fully supported to increase their output in scarce skills. MERSETA was requested to explain its plans to address the shortage of scarce skills.
It emerged that the three SETAs adequately supported centre's of excellence rather than emerging small medium enterprise. The committee was concerned that well established enterprises were benefiting from the SETAs while emerging service providers were being excluded.
It was noted that some service providers were not submitting their workplace skills plan annually to the SETAs. This often leads to less accountability to the discretionary grants allocated to service providers. The committee requested a report from the three SETAs on the issue.
It was highlighted that there is still a lot of work that needs to be done by SETAs in addressing the challenge of skills development. Insufficient funding is said to be the main backlog that hampers progress in skills development. The department is negotiating with the SETAs to reach a specific target annually in line with government priorities. It was noted that well established companies were benefiting from mandatory grants and the department was in a process of reviewing the allowances in line with the SETAs mandates.
The level of involvement in the training of artisans is indeed limited due to lack of funding. The training of artisans in some countries may cost up to R300 000 per year. Legislatively, the SETAs pay only 20% discretionary grants. The challenge is the need for government to look at international trends and become more involved in skills development since the training of artisans is very costly.
It is not possible to place all learners who participated in various programmes of the SETAs due to the lack of capacity in industry. Emerging service providers are supported by the SETAs. However, great emphasis is placed on the centre's of excellence due to their capacity.
The committee was of the view that leadership of the university was supposed to guide the process of the SRC elections to encourage non violence. A concern was raised that there was no SRC in the university and no clear indication of the proposed date for new SRC elections. The committee requested a copy of the SRC's constitution for further scrutiny.
The committee commended the work of the interim administrators who were taking care of students needs. The university was requested to explain the way forward on the matter and to include a timeframe of activities. The committee was concerned that as much as the university agreed to meet with the committee, there was no effort to include students as part of the meeting proceedings.
It emerged that there was a notion of affiliating to past events which transpired at the university. The committee highlighted that history cannot legitimate what happens at the university. A concern was raised that there were no success stories about the university available to the public. Credibility of qualifications offered by the university were also a cause of concern. There were rumours that examination papers of the university were being marked off site. The university was requested to explain the situation in this regard.
The committee commended the Rector's approach in dealing with the challenges of the university and supported the implementation of the one year turn-around strategy.
It emerged that the Information Technology Communication (ITC) system was of serious concern and contributed to the mismanagement of the registration and procurement process. The university was requested to explain its plans to address this challenge.
It emerged that the university introduced a course known as a Bachelor of Correctional Studies in 2002. This later backfired on the university as many students who graduated in this course were not finding employment. The committee was interested to know whether there was proper research conducted before offering the degree and whether it was accredited by the South African Qualifications Authority (SAQA).
The committee remained extremely concerned that the reason given for little progress in transformation among academic staff (predominantly black) was that the university was situated in a rural area. The committee was of the opinion that it was the responsibility of the university to make it attractive to accommodate other races amongst the academic staff.
The university was faced with the challenge of historical political tension that existed in the surroundings of the university. This often influenced the SRC elections as the two main student parties, namely, the South African Students Congress (SASCO) and the South African Democratic Students Movement (SADESMO) were often fighting consistently before the SRC elections. The process of the previous elections was not free and fair as the results were adjusted to create a victory for a particular party. The university has set up clear measures to ensure that the next elections will not be mismanaged and the date would be confirmed in due course.
The university is in the process of overhauling its ITC systems because most of the registration challenges are caused by outdated systems. The security service was located in the office of the former Registrar and they were not investigating serious cases such as loss of data. This office has since been moved to the office of the Rector to minimise potential manipulation.
The committee remained extremely concerned with the under-spending of the NSF. The misalignment between the fund and the provinces was said to be the major contributor to under-spending. The fact that there was no sufficient monitoring and evaluation by the NSF to provinces concerned the committee.
It was noted that the NSF is not a banking scheme and the manner in which funds are disbursed to provinces required urgent review. It was highlighted that the NSF is supposed to be an arm to develop and grow skills throughout the provinces. The committee further requested to know as to why certain provinces were not allocated funds.
It was highlighted that the current status of the NSF was of serious concern. The committee was concerned with the fact that the department had promised to intervene urgently in the challenges of the NSF and thus far little has been achieved in addressing its challenges. As a result, this delay has negative implications down the line. The committee requested an explanation on rumours that the NSF ceased to disburse funds in 2009.
The committee requested a breakdown of the use of the fund provincially and to include objectives and key outputs of the funded projects. The current mandate of the NSF to disburse funds to provinces without assisting in developing a provincial skills programme needed urgent review.
The department acknowledged the challenges of the NSF and promised to fast-track the process of appointing the new Chief Executive Officer (CEO). A team to administer the operation of the fund would be appointed in due course. The department agreed that the entire system of the NSF would be reviewed and a conclusion of the challenge of provincial capacity was a main priority.
It was noted that certain provinces delayed in drafting their provincial skills plan and as a result the NSF is unable to allocate funds without specified projects. The NSF had not stopped disbursing funds to provinces. However, there was a decrease in its activities.
The committee commended the success rate, research initiatives, strong focus on student life, staff compliment and progress of the TUT. The institution was requested to explain the reasons for the protests during its registration period as well as the current status of the matter.
The TUT was requested to explain challenges with regards to the moving of faculties to other campuses and the process of the merger.
The student leadership body was requested to submit a written report on the challenges of students.
It was noted that the process of the merger was fairly complex and the model adopted by the TUT had brought people together. The technical and mechanical aspect of the merger has been completed. The issue of the salary dispute was resolved by the institution.
The committee was concerned with the low throughput rate of the university and requested an explanation for it.
It was observed that the university implemented the parallel medium of instruction. A concern was raised regarding the non- Afrikaaans speaking students within the university and that this could have a negative impact on their academic performance. The committee requested clarity on the impact of the language policy on student access and success.
The committee commended the university for the Undergraduate Preparedness Programme (UPP). Clarity was requested on the impact of the programme with regards to student support and whether it was efficient enough in preparing students for higher education.
The committee commended the 50-50 ratio project of the university in student residences as a positive step towards transformation. It was highlighted though that this should be prioritised by the university and the process of the remaining six untransformed residences process should be fast-tracked.
It was noted that the Rector of the university was extremely committed in turning around the institutional culture of the university. This is supported by his strong leadership skills in unifying different races of the university and his approach towards transforming the student residences.
The committee requested a reflection on the new emerging culture of the university including progress in new policies dedicated to transforming the university. The university was further requested to explain the relationship between staff members who were victims of the Reitz incident and management and, whether there were any further support mechanisms provided to them.
A concern was raised regarding the employment equity of the university. Though there were drastic measures in place to implement transformation, at top management level of academic staff white males were in an overwhelming majority. The committee enquired whether the university supported the approach of change at top management level.
The university acknowledged that its teaching and learning model is not adequate and it might be a contributing factor to its poor throughput rate. The admission requirement of the university is not stringent and as a result many average students had been admitted and some had not managed to maintain a higher standard of education.
The language policy of the university racially disintegrates students. This has disadvantages as students are not able to communicate and assist one another with their academic work.
It was noted that the litigation process regarding the Reitz incident was still proceeding and the victims of the incident have been removed from working at the residences. Regular meetings between victims and management have been conducted with the objective of giving support and as a result they have integrated well into the university. The university was working close with the Human Rights Commission in arranging compensation for the victims.
The institution was without an SRC due to political tension between the two main student organizations (SASCO and SADESMO) and the process of the new elections was not yet finalized. Two staff officials were appointed as SRC administrators.
Politics among student leadership bodies were taken personally to an extent whereby students engaged in violent acts resulting in personal injuries or damage to property.
The information communication technology system of the university was outdated and loss of data was quite frequent, often leading to corruption and mismanagement of important files.
There were certain academic staff members who were being promoted without merit and most of the staff members were employed on a contract basis. Literally, there was disjuncture and no effective guidelines in the employment system of the university.
The procurement of external service providers was not transparent and this led to less accountability for services rendered to the university.
There is a serious misalignment between national implementation of the NSF with the provincial skills forum and as a result millions of rands meant to address the challenge of skills development in provinces were being returned to the NSF.
The head office of the department was being renovated to accommodate staff members from the Department of Labour dealing with skills development.
The department has not yet succeeded to appoint a new Chief Executive Officer for the NSF and the agreement with the provincial skills forum has not yet been concluded due to the recent split of the department.
There is a serious challenge of capacity to deliver within the NSF and the entire system of the NSF would require an urgent review to address the challenge of under-spending.
The institution is the largest university of technology in the country and it is currently making progress in terms of research and innovation.
There was no SRC in the Soshanguve Campus and most of the infrastructure backlogs were in that campus since it was a historically disadvantaged institution prior to the merger.
There is a strong focus on development of student life in residences and this programme is well managed and can be a model for other institutions.
The process of the merger though very complex was managed in a very efficient way and the model adopted brought people from different backgrounds together.
The university has a challenge of a very low throughput rate and one of the major reasons given was that the university's teaching model was ineffective.
The litigation process of the four Reitz students was still in court and no final verdict on their fate had been concluded. The employees who were victims of the incident were removed from working in the residence and they have integrated well with the university. A process is currently in place to arrange their compensation.
The 50-50 placement ratio in residences has not yet addressed the challenge of racial disintegration between black and white students in residences. White students are still resistant in migrating to predominantly black residences. The completion of this process is expected to be concluded at the end of the year.
The demographics of the university do not reflect equal represention among academic staff. White males are in the majority of the academic staff up to the senior level.
The university implements the parallel medium of instruction. This automatically divides students and they are unable to share common knowledge regarding their academic work.
The three day oversight visit to the UZ, DHET, TUT, and UFS was very fruitful and provided sufficient insight into some of the underlying challenges that affect higher education institutions and the skills development sector. It was evident throughout the visits that most HEI's faced common challenges related to transformation, throughput rate, student accommodation and financial assistance to needy students. On the other hand, the skills development sector was lagging behind in terms of reaching its millennium goals and targets by 2020 and this affects the masses negatively. In theory, there are various measures in place to implement government's objectives to reduce illiteracy and half unemployment by 2014. However, the critical challenge is the implementation of these policies due to bureaucratic challenges within the three spheres of government. A huge amount of investment has been made in skills development over the past 16 years of the new democracy. However, to date, little has been achieved with the resources at hand. The involvement of the SETAs has achieved little in addressing the shortage of skills and illiteracy in the country. One of the common challenges observed during the oversight visit is that, more funds were needed to effectively address the challenge of the skills sector.
There has been a significant change in the higher education landscape for the country to be proud of. Improved participation rates and better access to young black students is a major achievement of higher education in the last 16 years. However, in general, transformation in the sector has been limited. This has been observed by the committee through its engagement with various HEI's even the ones visited during this oversight visit. The common excuse that has been highlighted to the committee is that black academics were fleeing the sector due to its environment and its remuneration challenges. One of the main findings during the oversight was that graduation rates were still skewed among black and coloured students and this concerned the committee as there was little achieved to addressing this challenge at both the level of HEI's and the department. The merger process has not yet been measurable as many merged institutions were still finding their identity and common objectives. Political tensions among student leadership bodies have been a significant challenge among the historically disadvantaged institutions mainly due to the violation of the SRCs' constitutions and a lack of adequate leadership from the management of the institutions during the SRC election periods.
The committee has however, promised to table recommendations made during the oversight visit in the National Assembly for debate and further consideration. It further promised follow-up visits in future and comprehensive interaction through communication with the institutions to monitor progress and challenges thereof.
The leadership of the University of Zululand should urgently finalise the proposed date of the SRC elections and a conflict resolution structure or mechanism should be put in place to ensure free and fair elections.
The overhauling of the university's information communication technology systems should be prioritised with the objective of reducing mismanagement of valuable data.
The new Vice-Chancellor of the university should be supported by the members of the executive management in her turn around strategy for the university.
The appointment of the CEO for the NSF should be urgently concluded and the review of the NSF entire system would be very instrumental in reducing the challenge of under-spending.
The department should consider addressing the capacity constraints within the NSF so as to assist delivering the key output of the fund.
The National Skills Authority (NSA) should play an active role in ensuring that the NSF is a strong arm of delivery in skills development. The current surplus of 2.7 billion of the NSF should be transferred for other deserving under funded critical programmes such as ABET and the Recognition of Prior Learning (RPL).
The leadership of TUT should urgently address the lack of SRC structures at the Soshanguve Campus and other relevant challenges such as accommodation on the campus.
The process of the merger should be urgently concluded to allow efficiency and efficacy at the institution.
TUT should apply for more funding from NSFAS to assist more needy students, especially from satellite campuses and to minimise further violent protest during registration period.
Transformation in the UFS should be a major priority of all stakeholders involved in the university and especially among the student population.
The Committee welcomes and supports the UFS's proposed plan to review its teaching model, as this is of critical importance in achieving the objective of increasing the institution's low throughput rate. The university should, in particular, consider pursuing new teaching and learning models that accommodate a larger and more diverse student population.
Appointments of black lecturers should be prioritised to strengthen support for first generation students and to reflect on the demographics of the university where the majority are black students. To this end, the Committee commends the initiative of the Vice Chancellor to recruit 25 promising young scholars for intensive training as part of a drive to ensure equitable access and progression in the academy for previously disenfranchised groups.
The language policy of the university needs to be reviewed as it is a critical element in the process of transformation.
Appropriation Bill [B 3 - 2010] - Act No 3 of 2010 (assented to and signed by President on 15 June 2010).
Deeds Registries Amendment Bill, 2010, submitted by the Minister of Rural Development and Land Reform.
Sectional Titles Amendment Bill, 2010, submitted by the Minister of Rural Development and Land Reform.
Reply from the Minister of Finance to recommendations in the Report of Standing Committee on Appropriations on Division of Revenue Bill [B4-2010], as adopted by the House on 4 March 2010.
Referred to the Standing Committee on Appropriations.
Deeds Registries Amendment Bill [B 13 - 2010] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33316 of 21 June 2010.
Sectional Titles Amendment Bill [B 14 - 2010] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33316 of 21 June 2010.
Annual report of the Judicial Service Commission for the financial year ended 30 June 2009.
Agreement between the Government of the Republic of South Africa and the Government of the Republic of Uganda regarding Co-operation and Mutual Assistance between their Customs Administrations, tabled in terms of section 231(3) of the Constitution of the Republic of South Africa, 1996.
Explanatory Memorandum to the Agreement regarding Co-operation and Mutual Assistance between their Customs Administrations between the Government of the Republic of South Africa and the Government of the Republic of Uganda.
Strategic Plan of the Small Enterprise Development Agency (SEDA) for 2010/11 - 2012/13.
Corporate Plan of the South African Bureau of Standards (SABS) for 2010 - 2013.
Business Plan and Budget of the National Lotteries Board for 2010/11 - 2012.
Strategic Plan of the National Gambling Board (NGB) for 2010 - 2013.
Strategic Plan of the National Metrology Institute of South Africa (NMISA) for 2010 - 2013.
Strategic Plan of the National Credit Regulator (NCR) for 2010/11 - 2015.
Strategic Plan of the National Regulator for Compulsory Specifications (NRCS) for 2010 - 2013.
Corporate Strategic Plan of the Estate Agency Affairs Board of South Africa for 2010/11 - 2012/13.
Strategic Plan of the National Consumer Tribunal for 2011 - 2013.
Corporate Strategic Plan of the Export Credit Insurance Corporation of South Africa Limited for 2010/11 - 2012/13.
Strategic Plan of the South African National Accreditation System (SANAS) for 2010/11 - 2012/13 [RP 63-2010].
Consolidated Strategic Plan of the National Empowerment Fund for 2010/11 - 2012/13 and Business Plan for 2010 - 11.
Reply from the Minister of Mineral Resources to recommendations in Report of the Portfolio Committee on Mining on Oversight Visit in Four Provinces to Investigate Illegal Mining Activities, as adopted by the House on 4 March 2010.
Referred to the Portfolio Committee on Mining.
Report of the South African delegation to the 122nd Inter-Parliamentary Union (IPU) Assembly in Bangkok, Thailand, from 27 March to 1 April 2010.
Established in 1889, the Inter Parliamentary Union (IPU) is an international organization of Parliaments of sovereign states. The IPU is one of the leading organizations in the promotion and strengthening of the institutions of parliamentary democracy. The IPU consists of the Assembly, the Governing Council, the Executive Committee and the Secretariat. The Assembly is assisted in its work by three Standing Committees which prepare reports and draft resolutions for the Assembly to consider, namely, the Standing Committee on Peace and International Security, the Standing Committee on Sustainable Development, Finance and Trade and the Standing Committee on Democracy and Human Rights. The current President of the IPU is Mr T-B Gurirab from Namibia.
The IPU supports the efforts of the United Nations, whose objectives it shares, and works in close co-operation with. It also co-operates with regional inter-parliamentary organizations as well as with international inter-governmental and civil society organizations that are motivated by the same ideals.
The IPU's membership currently comprises of 155 member parliaments and 9 international parliamentary assemblies who are associate members.
Consideration of possible requests for the inclusion of an emergency item in the Assembly agenda.
General debate on the political, economic and social situation in the world with the overall theme of "Parliament at the heart of political reconciliation and good governance".
Cooperation and shared responsibility in the global fight against organized crime, in particular drug trafficking, illegal arms sales, human trafficking and cross border-terrorism (Standing Committee on Peace on International Security).
The role of parliaments in developing South-South and Triangular Cooperation with a view to accelerating achievement of the Millennium Development Goals (Standing Committee on Sustainable Development, Finance and Trade).
Youth participation in the democratic process (Standing Committee on Democracy and Human Rights).
The delegation to the 122nd IPU Assembly consisted of: Mr M V Sisulu, MP (Speaker of the National Assembly and Leader of Delegation), Ms M T Kubayi, MP (ANC), Adv Z L Madasa, MP (ANC), Ms B V Mncube, MP (ANC), Ms S C N Shope-Sithole, MP (ANC), Ms D Kohler-Barnard, MP (DA), Mr L Ramatlakane, MP (COPE) and Prof C T Msimang, MP (IFP). Ms M N Oliphant (House Chairperson: International Relations) and Ms M Wenger (DA) attended as advisers to the delegation (observers).
Mr Z A Dingani (Secretary to Parliament), Mr M K Mansura (Secretary to the National Assembly), Adv M E Phindela (Acting Secretary to the National Council of Provinces) and Ms P Davids (Office of the Secretary to Parliament) attended the meeting of the Association of Secretaries General of Parliaments.
The South African delegation was met on arrival by Ambassador Douglas Gibson. The Ambassador briefed the delegation on the current political situation in Thailand. His input covered the recent history of the political situation in the country. He highlighted that power could shift swiftly between factions. He advocated that South Africa should retain, as far as possible, a neutral stance to the current political impasse. Speaker Sisulu also pointed out that the approach of South Africa was to always firstly pursue and encourage the route of dialogue to resolve a political crisis.
The Meeting of Women Parliamentarians took place on Saturday, 27 March and continued on Wednesday, 31 March. Ms Shope-Sithole, Ms Kohler-Barnard and Ms Wenger attended the meeting.
The meeting elected Dr. Tassana Boontong, Second Vice President of the Senate of Thailand as the President of the Meeting. The meeting then proceeded to look at gender activities of the IPU including the work of the Coordinating Committee of Women Parliamentarians, the work and recommendations of the Gender Partnership Group and recent specialized IPU meetings. It was noted that of the 130 countries and 1334 participants to the 122nd Assembly, 193 were women (28,2%). This was slightly below the desired 30%. The meeting was also informed that the delegations from Malta, Qatar, Papua New Guinea and Saudi Arabia would be reduced by one person as a result of being composed exclusively of parliamentarians of the same sex for three consecutive sessions of the Assembly.
Participants then divided into two groups to discuss the subject item before the Standing Committee on Peace and International Security on "cooperation and shared responsibility in the global fight against organized crime, in particular drug trafficking, illegal arms sales, human trafficking and cross border terrorism".
Trafficking of women. This group discussed concrete ways and means to prevent trafficking of women, punish perpetrators and secure support to ensure the rehabilitation of women victims of trafficking.
The role of women in combating drug trafficking. This group discussed the impact on women and families and the role of women in terms of prevention, treatment and rehabilitation.
The rapporteur of each discussion group was tasked with drafting amendments to the resolution submitted to the Standing Committee on Peace and International Security for discussion. The amendments would be aimed at introducing a gender perspective to the resolution.
In her input to the first discussion group, Ms Kohler-Barnard stated that South Africa was currently very focussed on the Soccer World Cup, however, it was also very aware that with it would come the trafficking of women, youths and children. It was noted that the South African Police Service had secured a total conviction rate of just five cases for human trafficking in the last financial year, with only 29 successful detections, despite it being known that South Africa was a source, destination and transit country for trafficking in persons and was on an international human trafficking watch list.
It was reported that some 40 000 women and children were trafficked during the 2006 German World Cup and it was estimated that South Africa could be facing figures as high as 100 000 over the World Cup in June and July this year.
Ms Kohler-Barnard stated that as a parliamentarian she did not believe that the issue had, prior to this stage, received sufficient attention from the South African police, although South Africa had, just days ago, made its first conviction for human trafficking for the purposes of sexual exploitation. This conviction was secured by using racketeering laws related to sexual exploitation to convict a couple, a South African and a Thai national. South Africa's Human Trafficking bill was only recently introduced in Parliament. She noted this in light of point 11 of the resolution which stated that member Parliaments had to be more proactive in combating trafficking by drawing up laws to do so, criminalizing trafficking and including prevention, protection and assistance measures. The two men arrested were due to be sentenced on May 10 and faced a maximum sentence of life imprisonment or R100 million fine. They had recruited women from Thailand who were kept in a brothel on the east coast of South Africa. Therefore, it was noted that although human trafficking for the purposes of sexual exploitation could currently draw long sentences in South Africa, it was not necessarily the case with human trafficking for other reasons. It was hoped that the new legislation would address this.
It was further stated that the situation was expected to worsen markedly during the run-up to the Soccer World Cup, as South Africa's borders were extremely porous. The movement of vehicles carrying trafficking victims remained an issue which was being focused on by role players ranging from security to social services. It was further highlighted that there was an integral link between human trafficking, drug dissemination, money laundering, under the umbrella of organized crime, as well as, in certain cases, terrorism and that South Africa was focussing on this with extreme vigilance and energy. As a nation South Africa was determined not to allow its hard fought battle for democracy to come under threat politically, or economically. In this manner and as with the other areas that required focus during the pre-world cup period, this was one area in particular that was causing concern and ensuring a greater focus. The fight against transnational organized crime had to be strengthened and intensified so as to find a solution involving the sub-Saharan sector.
In her input to the second discussion group, Ms Shope-Sithole noted that the South African parliament had a high percentage of women parliamentarians who were focused on addressing issues of poverty alleviation within their constituencies. This was especially relevant as it was often women in poverty stricken areas that turned to drugs. By targeting women for poverty alleviation programmes progress could be made in alleviating drug abuse.
The Meeting of Women Parliamentarians also held a dialogue session between men and women on "Combating violence against women, with a particular focus on women held in places of detention and imprisonment" was also held. This session was introduced by a keynote address by HRH, Princess Maha Chakira Bajrakitiyabha, UNIFEM Goodwill Ambassador on violence against women. The debate that followed focused on the general role of parliaments in combating violence against women. Particular emphasis was placed on the situation of women in prisons and immigration detention centers.
Participants were presented with the latest Map on Women in Politics for 2010. This Map was jointly produced by the IPU and the United Nations.
The Meeting of Women Parliamentarians was also called upon to renew half of the membership of its Coordinating Committee, to replace those titular and substitute representatives whose term expired in April 2010, as well as those members that had lost their seat. Ms S Shope-Sithole was elected as substitute member for the Africa group. On her election Ms Shope-Sithole expressed her thanks for the faith that had been placed in her. She expressed her desire to work for general good of women of the world.
After the elections, the meeting was suspended to allow the newly constituted Coordinating Committee to meet in camera and select candidates for it bureau (President, First Vice-President and Second Vice-President). It was then announced that Mrs Syada Greiss was the new President of the Meeting of Women Parliamentarians while Dr Nurthayati Assegaf was elected as First Vice-President and Ms M Mensah-Williams was appointed as Second Vice-President.
Field visit related to early childhood development which went to the Silapadje Early Childhood Development Center. Ms Shope-Sithole attended this field visit.
Field visit to look at issues around migrants and trafficking to the Sapansiri Community. Ms D Kohler-Barnard and Ms M Wenger attended this field visit.
Field visit to look at matters related to newborn care to the Charoenkrung Pracharak Hospital, the first baby friendly hospital in Bangkok.
The meeting was held on Saturday, 27 March and chaired by Speaker Sisulu.
The meeting was informed that, according to the rules of the Group, Central Africa, by virtue of being first on the alphabetical list of sub regions, would nominate a chairperson from the group. Each sub region would also need to nominate a member to serve on the bureau of the Africa Geopolitical Group.
Two vacancies existed for the Africa Geopolitical Group for a titular and substitute member. It was agreed that Ms Shope-Sithole would be nominated as a substitute member, on behalf of the Southern Africa sub region, on the Coordinating Committee.
There were no vacancies on the First Standing Committee (Peace and International Security). On the Second Standing Committee (Sustainable Development, Finance and Trade) there was one vacancy for a titular vice-president from the Africa Group. The meeting agreed that Ms Lucy Changwe from Zambia would be nominated on behalf of the Southern Africa sub region. The Third Standing Committee (Democracy and Human Rights) had a vacancy for a titular vice-president from the Africa Group, but it was agreed that the sub region would not put forward a nomination for this position to the Africa Geopolitical Group.
In conclusion the meeting looked at consolidation of the reform of the IPU, specifically the legal foundation of the IPU. On the proposal of the meeting it was agreed that Speaker Sisulu would be the representative serving on the task team to look at the documentation that had served before the Executive Committee of the IPU related to changing the legal nature of the IPU to that of an international organisation.
The meeting was held on Friday, 26 March and continued on Monday 29 March..
The representatives from Algeria and Benin briefed the Group on the meetings of the Executive Committee held on 25 and 26 March.
The report of the President of the IPU on his recent activities, specifically the Copenhagen Conference on Climate Change.
The Secretary-General's financial report which had highlighted that the IPU was still in a strong financial position despite the world economic crisis.
The consideration of requests for reaffilitation to the IPU, notably by Djibouti, the Seychelles and Guinea Bissau.
The referral of the disappearance of a number of members of parliament from Nigeria to the Committee on the Human Rights of Parliamentarians.
The forthcoming meeting of the Preparatory Committee for the Third World Conference of Speakers taking place in June. In this regard members were requested to make the necessary logistical arrangements for their participation in the conference in good time as a number of events were being held in Geneva at this time.
The Executive Committee also looked at cooperation with the United Nations system, specifically the relationship between the IPU and the United Nations in line with the cooperation agreement which gave the IPU observer status at the United Nations and aimed to add a parliamentary dimension to the work of the United Nations. This agreement was concluded in 1996 and required updating.
In addition, the Executive Committee looked at the consolidation of the reform of the IPU by changing the legal nature of the IPU to that of an international organisation. It was proposed that this should be done by way of an international convention concluded by states. The Secretary General would specifically focus on this matter when he addressed the Group.
After deliberation it was agreed that each sub regional group would select a representative to serve on a task team to look closely at the documentation that served before the Executive Committee on changing the legal nature of the IPU to that of an international organisation. This task team would be set up after the Secretary General had addressed the Group on this matter.
The request by Canada to host the 127th IPU Assembly in October 2012 (it was practice for this Assembly to be held in Geneva) was discussed. Uganda would host the 126th IPU Assembly in April 2012. Canada had previously requested to host the 2011 Assembly (which would now be hosted by Panama), but had been unsuccessful as it could not guarantee that all countries would be granted visas to enter Canada. Canada had now indicated that it would grant visas to all countries to whom the United Nations would grant a visa. Furthermore, should a visa not be granted as a delegate was perceived as a security risk, Canada had undertaken to handle the matter directly with the delegate concerned. It was the position of the meeting that the conditions laid down by Canada went against the spirit of the IPU as a platform for world wide parliamentary dialogue. In addition, the conditions were contrary to the statutes of the IPU in so far as it was parliaments that determined their delegations and not individual members.
The Executive Committee also discussed the procedure for electing the Secretary General of the IPU. In this regard a procedure would need to be developed to allow for more than one candidate for the position to be considered.
The Israeli violations of Islamic and Christian holy sites and consideration of the Harem Ibrahimi Mosque and the Bilal Ibn Rabah Mosque as part of the Jewish Heritage (proposed by Palestine on behalf of the Arab Group).
The solidarity of the international community, and in particular of parliaments and parliamentarians of the world, with the people of Haiti and Chile in the face of the tragedy they are experiencing (submitted by Cuba and Uruguay).
Parliamentary action to ensure an immediate halt to Jewish settlements as well as the physical and intellectual protection of all historical and religious sites in the Palestinian territories, in particular Al-Aqsa Mosque, from all aggressive and illegal actions of the occupying power (submitted by the Islamic Republic of Iran).
Support for those emergency items which were related to Palestine was expressed, as was support for the emergency item on Haiti and Chile. The meeting did not conclude finally which proposal it would support as a Group.
It was reported that the Meeting of Women Parliamentarians would be called upon to renew half of the membership of its Coordinating Committee, to replace those titular and substitute regional representatives whose term expired in April 2010.
Posts to be filled included one titular and one substitute regional representative per geopolitical group, for a four year term. Geopolitical groups were requested to submit candidatures accompanied by a brief curriculum vitae of the candidates.
From the Southern Africa sub region, Ms Shope-Sithole was nominated by acclamation as substitute regional representative for the Africa Group on the Coordinating Committee of Women Parliamentarians.
The meeting agreed that sub regions should give consideration to persons to be nominated for election to the bureau of the Africa Geopolitical Group. The bureau would be elected during the 123rd IPU Assembly taking place in Geneva in October.
It was indicated that membership of this committee would not be done by submission from geopolitical groups, but rather on submission of individual candidature, and based on relevant interest and experience.
Each standing committee had a bureau composed of a President and five Vice-Presidents - one from each of the six geopolitical groups. For each titular member of the Bureau there is also a substitute member representing the same geopolitical group. The bureau meets at every Assembly and performs a number of statutory tasks.
In conformity with Rule 7.2 of the Rules of Standing Committees, officers of the Committee would be elected or re-elected at the first annual session of the Assembly by an absolute majority of the votes cast.
The attention of the meeting was also drawn to proposed rule changes for standing committees where, in order to ensure a fair distribution of posts among members of the IPU, a member could not hold a post in the same body for more than four years even if he or she had held different positions.
It was agreed that the Group's secretariat would draw up a roster indicating which sub regional groups had held positions in the past. The principle of rotation between the sub regional groups would be applied when deciding which candidates to put forward on behalf of the Africa Geopolitical Group.
Mrs L Changwe from Zambia was nominated by acclamation as titular vice-president for the Africa Group on the Second Standing Committee on Sustainable Development, Finance and Trade.
The Secretary-General of the IPU, Mr Anders Johnsson, briefed the Group on the "Consolidation of the reform of the IPU" and "The draft convention on the IPU". He informed the meeting that the IPU does not conform to traditional legal doctrine according to which the term international organization was defined as those created by multilateral treaties. Although the IPU had a legal personality that allowed it to act in the international arena it was not based on an international convention. It was proposed that by inviting states to conclude an international convention that had the effect of conferring the formal legal status of an international organization, the IPU would "recreate" itself. In short, concluding an international agreement would demonstrate states commitment to work together - through their parliaments - to promote democracy at the national and international level. It would also give political and diplomatic support to the IPU and would strengthen its ability to promote democracy as well as place the IPU on an equal footing with other international organizations.
Practical benefits to the IPU of such a move would be that a convention would spell out the privileges and immunities of delegates attending IPU meetings. These privileges could also be extended to officials working for the IPU. Furthermore, as the IPU was not an international organizations its officials are subject to double taxation this is currently offset by the IPU through revenues received from members.
The PU had a unique mandate and expertise in the promotion of democracy and rule of law both at national and international level.
The IPU was increasingly working at country level in close cooperation with states represented by governments therefore the legal basis will confer on the IPU the authority to fully engage with governments.
The IPU had extended its democracy activities to the international level and started to promote the participation of parliaments in international affairs. The participation of the IPU at this level would fill this current gap.
The IPU's vision was to work as the global parliamentary counterpart to the United Nations. This depends largely on the IPU becoming a fully-fledged international organization.
The proposed treaty would therefore give the IPU the power to enter into a binding relationship agreement with defined roles and responsibilities with the UN. This would also increase the level of influence that the IPU would have on the UN and other international bodies as it would be on the same level as recognised international organization. The IPU would have the authority to represent parliaments at the global level to democritise international participation by providing a parliamentary dimension to international discussions and decisions.
Speaker Sisulu stated that the discussions on the establishment of the treaty should be used as an opportunity to discuss the reform / transformation of the IPU. The re-creation of the IPU into an international organization should be preceded by a discussion on the transformation / reform of the IPU to ensure that the treaty provided for what member parliaments intend the re-created IPU to look like. In addition, it would be useful to locate the debate on the reform of the IPU within the broader debate of the reform of the United Nations. He enquired whether the project was bound by any time frames and whether the governance structures of the IPU would need to be adjusted because of this initiative. He added that individual parliaments would need to consider the proposal by commencing their initial discussions on the matter.
The meeting agreed that the Group's members on the Executive Committee and the representatives from each sub region would work together to look at the proposal further. Speaker Sisulu would form part of this group on behalf of the Southern Africa sub region.
The First Standing Committee met on Sunday, 28 March and continued on Tuesday, 30 March. Adv Madasa and Ms Kohler-Barnard represented South Africa in the meeting. The committee considered the report and draft resolution on "Cooperation and shared responsibility in the global fight against organized crime, in particular drug trafficking, illegal arms sales, human trafficking and cross border terrorism" presented by Ms M Ortuno (Mexico) and Mr A Wiriyachai (Thailand). This was followed by a debate.
In her input to the debate Ms Kohler-Barnard stated that the 2010 Soccer World Cup was imminent, and as such cross border-issues had become a priority for South Africa. The need to implement an integrated border management strategy was a priority. In November 2009 the South African government had stated that the South African National Defence Force would be redeployed to protect borders in order to prevent the transfer of stolen property, and mitigating the risk of a predicted spike in cross-border human trafficking during the 2010 World Cup. It was stated that South African borders currently allow for an easy exit for stolen goods, particularly cars, illegal drugs, illegal immigrants, and human trafficking. She stated that South Africa had recognised the problem and was addressing it in line with the awareness of the integral link between human trafficking, drug dissemination, money laundering, all under the umbrella of organized crime. As a result South Africa had realised that effective border security was critical to combat these crimes. The International Conference on Maritime Security held in South Africa had pointed out serious gaps in border security particularly along the coastline.
In his input Adv Madasa focussed on the issue of terrorism. He stated that South Africa had passed laws in respect to terrorism as required internationally and was sure that the World Cup would be a safe event. He further stated that terrorism was a radical response to political situations. Democrats across the world should work together and combat terrorism within the framework of the law. He concluded by stating that political problems required political solutions.
At the conclusion of the debate a drafting team was established to look at possible amendments to the resolution. On completion of the work of the drafting committee, the resolution, as amended, was adopted by acclamation.
Adv Madasa was re-elected as substitute vice-president for the Africa Group on the bureau of the committee. The current chairperson of the bureau was Mr T Boa (Côte dÎ Ivoire).
The Second Standing Committee met on Monday, 29 March and continued on Wednesday, 31 March. Ms Mncube and Prof Msimang represented the South African delegation at the meeting. The committee considered the report and draft resolution on "The role of parliaments in developing South-South and Triangular Cooperation with a view to accelerating achievement of the Millennium Development Goals" as presented by Ms F-X de Donnea (Belgium) and Mr G Lubinda (Zambia). This was followed by a debate.
In her input Ms Mncube stated that the strategic plan of the South African Department of International Relations and Cooperation for 2009-2012 outlined South-South Cooperation as one of its key strategic directives most significantly to enhance South Africa's developmental agenda. For South Africa, South - South cooperation was a key platform to pursue cooperation in the critical fields of science, technology and trade. It also provided for the strengthening of solidarity amongst the nations of the South and could be used as an avenue to form interdependent relationships which had the potential to address issues such as poverty, education, unemployment, health and the general development of the population.
The current framework of South-South Cooperation was in the spirit of the Marrakech Declaration. The declaration stated that no single country could reach its developmental objectives on its own. Cooperation was necessary. For South Africa cooperation was not just a mere choice for pursuing the country's strategic objectives, but an essential part of foreign policy, which sought cooperation with all members of the international community. According to the 2008 Accra Agenda for Action. South - South Cooperation should observe the principles of respect for sovereignty, non-interference in the internal affairs of other states, equality amongst developmental partners and respect for independence, cultural diversity, identity and local content. This was especially important in respect of Triangular Cooperation where the development partners were sometimes not of equal political and economic status. These principles would then come into play to ensure that while developmental objectives were met it was not with an element of coercion that could violate sovereignty. The Accra Agenda also impressed the importance of meeting responsibilities within a developmental partnership. The Accra Agenda remained a crucial element and guide to Triangular Cooperation in particular where developmental partners straddle the North / South divide.
In his input Prof Msimang stated that although South Africa endorsed the draft resolution it had identified a few gaps which were of concern, namely, human rights issues, the rule of law with particular reference to intellectual property rights and finally issues of global governance.
With regard to the human rights issues, South Africa firmly believed that promotion and protection of human rights such as human dignity and respect was critical to socio-economic development. It was argued that the promotion of universal respect for human rights should be a precondition for development. In terms of the rule of law it emphasised a similar and related concept, namely, protection and respect for property rights. Technology service providers would be uncomfortable in dealing with a country where the rule of law did not exist because of the danger that protection of their intellectual property rights would not be guaranteed and that the receiving country would benefit unfairly from their products. Finally, it was stated that the resolution failed to mention specific issues of global governance which might restrict and stifle advances in the development of South-South and Triangular relationships. To illustrate, Professor Msimang referred to non tariff barriers including standards and subsidies which serve to limit access to markets. He proposed the elimination of those trade barriers which hamper South-South and Triangular cooperation.
The current membership of the bureau was reconfirmed. Mr E Quenum of Benin, who had submitted his candidature himself, asked that his strong objection to the manner in which elections had been conducted by the Africa Geopolitical Group be noted. Ms Mncube requested an opportunity to set the record straight and informed the meeting that during the discussions in the Africa Geopolitical Group, Mr Quenum had withdrawn his candidature. In accordance with the rules pertaining to standing committees only candidatures received from geopolitical groups could be accepted. Ms Lucy Changwe's (Zambia) candidature as titular representative for the Africa Geopolitical Group was therefore approved by the standing committee.
The Third Standing Committee met on Sunday, 28 March and continued on Wednesday, 31 March. Ms Kubayi and Mr Ramatlakane represented South Africa at the meeting. The committee considered the report and draft resolutions on "Youth Participation in the Democratic Process" as presented by Ms M Lugaric (Croatia). This was followed by a debate.
In her remarks Ms Lugaric noted that she had been the sole rapporteur on this topic and that this had led to, in her opinion, certain omissions in the report and draft resolution. She stated that as the only rapporteur she had not had the advantage of an alternative perspective which would have been present had the appointed co-rapporteur participated in the process.
Ms Kubayi in her input commended the recommendation that each delegation should have at least one representative of the youth. She said that such an arrangement would compel countries which did not have young parliamentarians to start ensuring that young people were part of legislatures. She further stated that the participation of youth should not be limited to politics, but extended to economic development issues as well. Young people should take center stage in assisting countries to find solutions to the problems being faced across the world, for example, global warming or the attainment of the Millennium Development Goals.
South Africa had seen an increasing interest and participation of youth in politics and the current political term had seen an increase in the elected number of parliamentarians from the youth. The South African Parliament had passed legislation to establish a National Youth Development Agency. This agency was funded and supported by government and driven by young people. The agency was responsible for the mainstreaming of youth issues across all spheres of government. Among other things the agency ensured support for young people in education and skilling to ensure their participation in the economy of the country.
There was a need to ensure that the members of the IPU monitor and support the establishment of youth structures and that topics that affected youth globally were part of IPU discussions, for example, drug and alcohol abuse by young people and young people in conflict with the law. Furthermore, it was said that it was the youth who should take centre stage in policy formulation around the protection and promotion of human rights. Parliaments should pass legislation which would be beneficial to promoting the rights of the youth and lastly, youth ambassadors, nationally and internationally, should look at issues related to the youth.
At the conclusion of the debate a drafting team was established to look at possible amendments to the resolution. Ms Kubayi chaired the drafting committee on the resolution before the Third Standing Committee. On completion of the work of the drafting committee, the resolution, as amended, was adopted by acclamation.
The current membership of the bureau was reconfirmed. Mr O Kyei-Mesha-Bonsu (Ghana) was elected as titular vice-president for the Africa Group.
The subject item proposed by the bureau for the next report of the committee was "Providing a sound legislative framework for the prevention of electoral violence and ensuring the smooth transition of power." The proposal was voted upon as the United Arab Emirates proposed an alternative item namely "Achieving global cooperation for the implementation of international treaties and commitments of humanitarian treaties". The proposal of the bureau went through with a majority of the votes.
The delegation from Iran proposed that Ms Kubayi be the co-rapporteur for the subject. Zimbabwe also proposed a candidate, but withdrew in favor of Ms Kubayi's candidature. The final decision on the rapporteurs for the items before the standing committees would be put before the Assembly after it had been ascertained that an appropriate geopolitical and gender balance had been achieved.
A panel discussion on "The role of Parliament in fulfilling the Convention of the Rights of the Child" was held on Tuesday, 30 March. Ms Shope-Sithole and Ms M Wenger attended the meeting. The panelists were Ms Mart Santos Pais, Special Representative of the United Nations Secretary-General on violence against children, Professor Vitit Muntarbhorn, former Special Rapporteur of the United Nations Secretary- General on the sale of children, child prostitution and pornography, Dr Syada Greiss, Member of Parliament for Egypt and Ms Nanu Adhikari, Youth Representative from Nepal. The moderator for the panel was Dr. Pusadee Tamthai, Member of Parliament, Thailand.
The panel discussion marked the twentieth anniversary of the Convention on the Rights of the Child (CRC). The convention was adopted by the United Nations in 1989 and came into force in 1990. The convention was the most comprehensive legal instrument for the protection of the rights of the child and was ratified more quickly and widely than any other human rights instrument. The panel discussed the convention's impact on the lives of children in the 20 years since its adoption and the critical role parliaments and their members can play through their law-making, budgeting enforcement and representative roles in order to ensure the full implementation of the convention.
A panel discussion on "Water: Protecting Our Oceans" was held on Tuesday, 30 March. The panel examined the state of the world's oceans. The question addressed was "Can parliaments take action to redress pollution, over-fishing, piracy and degradation of the marine environment" Ms Shope-Sithole and Ms Wenger attended the meeting. The panelists were Dr Wendy Watson-Wright, Executive Secretary, Inter-governmental Oceanographic Commission and Assistant Director-General of UNESCO, Mr Jerker Tamelander, Programme Manager, Oceans and Climate Change, Global Marine Programme, International Union for Conservation of Nature, Dr Cherdsak Virapat, Executive Director, International Ocean Institute and Professor Mario Ruivo, former Vice-Chairman, Intergovernmental Oceanographic Commission, UNESCO. The moderator for the discussion was Dr Perapun Phalusuk, Chairperson of the Working Group on Water, National Assembly of Thailand?
Ecological balance - overfishing and destructive fishing practices, reduced biodiversity, transfer of alien species.
Habitat change - climate change, rising sea level and coastal flooding.
Maritime security - including non-traditional threats, trafficking in weapons, piracy and armed robbery.
Ocean governance - the complex nature of the oceans and divergent sectoral interests demand coherent policies and measures that promote partnerships among stakeholders at international and national levels.
An open information session on "The role of parliamentarians in ensuring birth-registration for all" was held on Tuesday, 30 March. The session took place during the session of the Committee to Promote Respect for International Humanitarian Law. The issue of birth registration specifically as it related to the protection of asylum seekers, refugees, stateless and internally displaced persons.
The meeting was held on Wednesday, 31 March. Ms Shope-Sithole, Ms Kohler-Barnard and Ms Wenger attended the meeting. The moderator for the session was Mr Kagisa Molatlhegi (Botswana). The meeting took note of the resolution adopted unanimously by the 118th Assembly in Cape Town on "Parliamentary oversight of state policies on foreign aid". Since 2005 government has made major commitments to reform official development assistance and make aid work with better results on the ground. Within this context the role of parliaments was also being redefined and there was now a renewed emphasis on the responsibilities of parliaments and a move to strengthen their capacity in this regard.
The IPU had entered into partnerships with leading actors, such as the United Nations Development Programme (UNDP), to develop the capacity of members of parliament to fulfill their roles. The interactive meeting provided an overview of some of this work. It also aimed to give members of parliament an opportunity to hear concrete examples of how aid had worked in countries such as Zambia, Vietnam and Tanzania. The meeting also looked at the need for assessing information, connecting to people and building opportunities and tools for members of parliament to work on aid effectiveness.
The meeting was held on Wednesday, 31 March. Adv Madasa and Ms Kohler-Barnard attended the meeting. A presentation was made by Mr David Fisher, Coordinator of the International Disaster Response, laws, Rules and Principles Programme of the IFRC.
The meeting noted that recent events in Haiti and Chile had reminded the world how devastating natural disasters could be for society. Many states, however, had very few laws that enabled them to facilitate and oversee the external assistance they may some day require. Parliamentarians had a key role to play in bringing these issues to the fore before a crisis and in shaping legislation in this regard.
In 2007 those states aligned to the 1949 Geneva Convention unanimously adopted the Guidelines on the domestic facilitation and regulation of international disaster relief and initial recovery assistance (IDRL Guidelines) at the 30th International Conference of the Red Cross and Red Crescent. The meeting looked at the IDRL Guidelines and reviewed the progress made in using the guidelines in various areas of the world. Participants also assessed the need to develop model legislation to help countries internalise the IDRL Guidelines.
The Governing Council met on Sunday 28 March and continued on Thursday 1 April. Speaker Sisulu, Adv Madasa and Mr Rametlakane were the South African representatives on the Governing Council.
The summary records of the 185th session of the Governing Council were approved. The Secretary-General, Mr A Johnsson, delivered the annual report on the activities of the IPU for 2009.
Requests for reaffiliation from the Parliaments of Djibouti and Guinea-Bissau were approved. The request for affiliation from the Parliament of the Seychelles and the request for associate membership submitted by the Transitional Arab Parliament were also approved.
The President of the IPU, Dr T Gurirab, reported on his activities since the 185th session of the Governing Council and on the activities of the Executive Committee. He highlighted the ongoing work in preparation for the 3rd World Conference of Speakers of Parliament. He also indicated the efforts of the IPU to ensure that the people of Haiti received the necessary international assistance after the earthquake that struck the country. In addition, he expressed solidarity with the people of Chile after the earthquake that struck their country. Lastly, he expressed dismay at recent developments in Niger.
The meeting considered reports of recent specialised conferences and meetings, including, those of the World e-Parliament conference, the Parliamentary meeting on the occasion of United Nations Climate Change Conference held in Copenhagen and the Joint IPU-UN Parliamentary Hearing at the United Nations.
The Governing Council considered the report of the Auditors of the IPU's accounts for 2009.
An overview of activities carried out by the IPU to promote democracy was given. The request for parliaments to hold activities which would mark the International Day of Democracy, celebrated annually on 15 September, was highlighted.
The Governing Council examined the reports of the Meeting of Women Parliamentarians, the Committee on the Human Rights of Parliamentarians, the Committee on Middle East Questions, the Group of Facilitators for Cyprus, Committee to Promote Respect for International Humanitarian Law, the Gender Partnership Group and the Advisory Group on HIV/Aids.
The Council also received a report on the second meeting of the Preparatory Committee dealing with preparations for the 3rd World Conference of Speakers of Parliament.
The inaugural ceremony of the 122nd Assembly was held on Saturday, 27 March. The Assembly was opened in the presence of Her Royal Highness Princess Maha Chakira Sirindhorn.
The Assembly met on Sunday, 28 March, Wednesday, 31 March and Thursday, 1 April. Speaker Sisulu, Adv Madasa and Mr Rametlakane represented South Africa in the Assembly.
Mr Chai Chidchob, President of the National Assembly of Thailand, was elected as President of the 122nd Assembly by acclamation.
Introductory statements were made by Dr. Supachai Panitchpakdi, Secretary-General of UNCTAD and Mr Michel Sidibé, Executive Director of UNAIDS. During the address a statement was delivered by Mr Sidibé on restrictions on entry, stay and residence that 52 countries and territories enforced based only on positive HIV status. He commended the removal of restrictions on people living with HIV in the majority of countries, but stated that 46 Countries have criminal laws against HIV while 86 have punitive laws. He emphasized the need for HIV to be de-criminalised and barriers removed. Society should transform to accommodate people with HIV and remove punitive laws.
The Assembly proceeded to a general debate on the political, economic and social situation in the world with the overall theme of "Parliament at the heart of political reconciliation and good governance".
In his address Speaker Sisulu noted that parliament, as the primary institution responsible for the protection of human and civil rights, had a vital role to play in fostering national reconciliation. Recognition and respect for diversity while ensuring equal social and political inclusion in society was of utmost importance. The South African Constitution provided the political and legal structure that guaranteed and protected all human rights. This was coupled with an understanding that adherence to human rights, respect for the rule of law and democracy were interwoven and reinforced one another.
Parliament as the national forum for consideration of public issues should bear the responsibility of providing a platform for addressing concerns and issues of the public. A strong civil society which functioned in support of the democratic order could uphold democracy in diverse societies. The development of a democratic culture where the rights of all people were protected, discrimination eliminated and citizens actively exercised their civil rights should be the medium through which the formation of a national identity which upheld democratic principles and human rights was established.
He further emphasized that in addition to diversity along racial, cultural and religious lines our societies today also continue to face challenges in terms of the HIV/Aids pandemic, growing poverty, unemployment, climate change and gender equality. In regard to gender equality in particular it was noted that although the South African Parliament has close to 45% representation of women, it is nevertheless essential, in addressing a number of these issues, that this be further increased. Socio-economic factors, if not addressed, exacerbate tensions which in turn can diminish the gains made in achieving social cohesion, good governance and reconciliation.
He concluded by saying that ensuring good governance, accountability and the fostering of a civic identity, especially within a post conflict society such as South Africa's, was an ideal for which the South African parliament strove.
A special presentation on the nuclear security issue was received by the Assembly. Mr Harry Jenkins, Speaker of the Australian House of Representatives, Mr Antonio Rodrigues, Ambassador of the Phillipinnes to Thailand and Mr Tibor Tóth, Executive Secretary of the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organisation were the invited speakers. In his presentation Mr Tóth emphasised that the Comprehensive Nuclear-Test-Ban Treaty was one of the most effective measures that the international community could take to promote world peace and security. Although the treaty was not the answer to all questions it was a necessary pillar of a comprehensive nuclear non-proliferation and disarmament regime that was needed to address current and future challenges.
The Assembly then proceeded to an address by Dr Surin Pitsuwan, Secretary General of ASEAN. ASEAN started as a loose association of five countries, but by 2009 approximately 38 external organizations had appointed ambassadors to ASEAN. ASEAN pursued economic prosperity, but it also pursued the priorities of development and consolidation of democracy, the protection of human rights and the foundation of equitable and inclusive societies. ASEAN's charter, drafted in 2007, and ratified by each member state was founded on three pillars, namely, political development and security, economic prosperity and identity. It was ASEAN's goal to become a single market characterised by open regionalism as a path to mutual prosperity.
A "Follow-up session on Maternal Health and Child Survival" was held. Part of the discussion focused on initiatives taken by members of parliament to follow up on commitments made at the 118th Assembly in Cape Town on Millennium Development Goals (MDG) related to maternal health (MDG5) and child survival (MDG4). Special attention was given to the question of securing sufficient financing to achieve MDGs 4 and 5.
The event focused on what parliamentarians could do to promote and achieve Millennium Development Goals 4 and 5: reduction of child mortality and improvement of maternal health. Dr Flavia Bustreo, Director of the Partnership for Maternal, Newborn and Child Health (PMNCH) delivered the keynote address. This was followed by presentations on the national experiences of Australia, Zambia and Thailand.
The role of parliaments in strengthening the solidarity of the international community towards the people of Haiti and Chile in the wake of devastating major disasters, and urgent actions required in all disaster-prone countries to improve disaster-risk assessment, prevention and mitigation (submitted by Cuba, France, Thailand, Uganda, United Kingdom and Uruguay).
Israeli violations of the religious and cultural rights of the Palestinian people, in particular in and around Jerusalem, rejection of Israel's announcement to include the Haram al-Ibrahimi and Bilal Ibn Rabah Mosques, in addition to the walls of the old city of Jerusalem, in its list of national heritage sites, and the need to reverse all Israeli settlement activities, particularly in East Jerusalem (submitted by Palestine on behalf of the Arab Group and the Islamic Republic of Iran).
A roll call vote was conducted. The proposal submitted by Cuba, France, Thailand, Uganda, United Kingdom and Uruguay was accepted with the requisite two thirds majority.
Ms K Ferrier (Netherlands) presented the resolution on the emergency item "The role of parliaments in strengthening the solidarity of the international community towards the people of Haiti and Chile in the wake of devastating major disasters, and urgent actions required in all disaster-prone countries to improve disaster-risk assessment, prevention and mitigation". The resolution was agreed to by acclamation (attached as Annexure 1).
Mr J Seelam (India) presented the draft resolution of the First Standing Committee on "Cooperation and shared responsibility in the global fight against organized crime, in particular drug trafficking, illegal arms sales, human trafficking and cross border terrorism".
Ms S Tioulong (Cambodia) presented the draft resolution of the Second Standing Committee on "The role of parliaments in developing South-South and Triangular Cooperation with a view to accelerating achievement of the Millennium Development Goals". The resolution was agreed to by acclamation.
Ms. M. LugariÄ (Croatia) presented the draft resolution of the Third Standing Committee on "Youth participation in the democratic process".
First Standing Committee on Peace and International Security: Providing a sound legislative framework aimed at preventing electoral violence, improving election monitoring and ensuring the smooth transition of power (co-rapporteurs: Mr J Seelam (India) and Mr W Madzimure (Zimbabwe).
Second Standing Committee on Sustainable Development, Finance and Trade: The role of parliaments in ensuring sustainable development through the management of natural resources, agricultural production and demographic change (co-rapporteurs Mr A Cherrar (Algeria) and Ms K Ferrier (Netherlands).
Third Standing Committee on Democracy and Human Rights: Transparency and accountability in the funding of political parties and election campaigns (co-rapporteurs Ms M Kubayi (South Africa) and Mr A Destexhe (Belgium).
Appreciation was expressed to the Parliament of Thailand for the manner in which it had hosted the 122nd IPU Assembly.
The meeting was informed that the 123rd Assembly would be held in Geneva, Switzerland from 4 - 6 October 2010. The 124th Assembly would be held in Panama in April 2011.
It is recommended that the National Assembly and the National Council of Provinces give consideration to referring the resolutions adopted by the 122nd assembly to the following committees with a view to informing the next IPU Assembly of action taken by our Parliament to give effect to the recommendations contained in the resolution.
The Portfolio Committee on Police, the Select Committee on Security and Constitutional Development and the Joint Standing Committee on Defence to consider the resolution on "Cooperation and shared responsibility in the global fight against organized crime, in particular drug trafficking, illegal arms sales, human trafficking and cross-border terrorism".
The Portfolio Committee on Trade and Industry and the Select Committee on Trade and International Relations to consider the resolution on "The role of parliaments in developing South-South and Triangular Cooperation with a view to accelerating achievement of the Millennium Development Goals".
The Portfolio Committee on Women, Youth, Children and People with Disabilities and the Select Committee on Women, Children and People with Disabilities to consider the resolution on "Youth participation in the democratic process".
It is further recommended that the resolution on "The role of parliaments in strengthening the solidarity of the international community towards the people of Haiti and Chile in the wake of devastating major disasters, and urgent actions required in all disaster-prone countries to improve disaster-risk assessment, prevention and mitigation" should be referred, through the PGIR, to the Portfolio Committee on Cooperative Governance and Traditional Affairs and the Select Committee of Governance and Administration with a view to informing the next IPU Assembly of action taken by our Parliament to give effect to the recommendations contained in the resolution.
It is recommended that the National Assembly and the National Council of Provinces refer the subject items to the Parliamentary Group on International Relations (PGIR) for engagement with the relevant parliamentary committees. These committees should, through their interaction with the PGIR focus group on the IPU seek to engage with the subject items from the perspective of South Africa with a view to influencing the resolutions which will be adopted on these subject items during the 124th IPU Assembly in Panama.
It is recommended that the National Assembly and the National Council of Provinces refer the matter of the consolidation of the reform of the IPU and the proposed draft convention on the IPU (included as Annexure 4) to the PGIR focus group on the IPU for further consideration. The IPU focus group should consult with the focus group on the SADC-Parliamentary Forum with a view to developing a position on the proposal that could be taken forward at the next meeting of the SADC-Parliamentary Forum.
It is recommended that the programme committees of the National Assembly and the National Council of Provinces give consideration to scheduling a debate to commemorate the International Day of Democracy on 15 September.
Further considering that more than 200,000 lives were lost in the earthquake in Haiti, which caused damage and losses amounting to an estimated US$ 7.8 billion (US$ 4.3 billion in physical damage and US$ 3.
Also urges all parliaments to foster the strong political will and allocate the budget funds needed to develop a national legal framework designed to ensure synergy between disaster-risk reduction and climate change adaptation, and between disaster-risk reduction and poverty reduction and socio-economic development, so as to protect the best interests of those vulnerable to geological and climate-related disasters.
Fully affirms the strong determination and clear commitment of IPU Member Parliaments to strengthen and harmonize drug-related laws, regulations and additional measures, pursue strong regional cooperation to combat drug trafficking.
Invites parliamentarians to make use of the technical services and expertise provided by UNODC in specialized workshops and training courses, and to call on the United Nations General Assembly in cases related to crime prevention, international drug control and the fight against terrorism.
The delegation of Iran (Islamic Rep. of) expressed a reservation on operative paragraph 8 in relation to the concept of "gender equality".
Underscoring the importance of increased financing for development, including the need to meet the long-standing target of 0.
Noting that, although ODA from OECD-DAC countries (Organisation for Economic Development and Co-operation-Development Assistance Committee) rose by 10 per cent in real terms in 2008 (after an 8.
Urges parliaments to oversee implementation of the present resolution and government action to implement the recommendations of the United Nations High-level Committee on South-South Cooperation.
The delegation of Iran (Islamic Rep. of) expressed reservations on preambular paragraph 24 in relation to the concept of "gender equality".
Encourages the IPU to launch a project for youth to be implemented in partnership with the UN Programme on Youth, which is part of the UN Division for Social Policy and Development (DSPD), and the International Institute for Democracy and Electoral Assistance (IDEA).
The delegation of India expressed opposition to operative paragraph 14.
Independent Police Investigative Directorate Bill, 2010, submitted by the Minister of Police.
Civilian Secretariat of Police Bill, 2010, submitted by the Minister of Police.
Referred to the Portfolio Committee on Police and the Select Committee on Security and Constitutional Development.
Independent Police Investigative Directorate Bill [B 15 - 2010] (National Assembly - proposed sec 76) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33357 of 5 July 2010.
Introduction and referral to the Portfolio Committee on Police of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.
Civilian Secretariat for Police Service Bill [B 16 - 2010] (National Assembly - proposed sec 76) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33357 of 5 July 2010.
Report of the Auditor-General on an investigation into certain alleged procurement irregularities at the Department of Water Affairs [RP 120-2010].
Petition from Western Cape Province Land Restitution Claimants requesting Parliament to intervene in the land claims process, submitted in terms of Rule 312 (Ms A Steyn).
Referred to the Portfolio Committee on Rural Development and Land Reform for consideration and report.
South African Citizenship Amendment Bill, 2010, submitted by the Minister of Home Affairs.
Births and Deaths Registration Amendment Bill, 2010, submitted by the Minister of Home Affairs.
South African Citizenship Amendment Bill [B 17 - 2010] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33356 of 5 July 2010.
Births and Deaths Registration Amendment Bill [B 18 - 2010] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33356 of 5 July 2010.
Higher Education Laws Amendment Bill, 2010, submitted by the Minister of Higher Education and Training.
Referred to the Portfolio Committee on Higher Education and Training and the Select Committee on Education and Recreation.
Higher Education and Training Laws Amendment Bill, 2010, submitted by the Minister of Higher Education and Training.
Skills Development Levies Amendment Bill, 2010, submitted by the Minister of Higher Education and Training.
Geoscience Amendment Bill [B 12 - 2010] (National Assembly - sec 75).
A letter dated 10 June 2010 has been received from the Minister of Agriculture, Forestry and Fisheries, informing members of the National Assembly that in terms of the Perishable Products Export Control Act (No 9 of 1983), the following persons have been appointed to the Perishable Products Export Control Board with effect from 1 June 2010 for a period not exceeding three years: Dr C P R Cronjé, Ms T Engelbrecht, Mr D N Hamman, Mr M M Makhanya, Ms Z Mothoa, Mr H Pasha, Mr T Reddell, Mr D J van Zyl Smit, Mr L L Vorster and Mr H Pasha.
Referred to the Portfolio Committee on Agriculture, Forestry and Fisheries.
A letter dated 22 June 2010 has been received from the Minister of Agriculture, Forestry and Fisheries, informing members of the National Assembly that in terms of section 2(b) of the Liquor Products Act (No 60 of 1989), the following persons have been appointed to serve on the Wine and Spirit Board with effect from 1 June 2010 for a period not exceeding three years: Mr S Nkomo (chairperson), Mr A Adams, Mr M Damon, Dr R du Plessis, Mr S Epstein, Ms W Jonker, Mr A M Kruger, Ms N Kubheka, Mr B Maloa, Ms T Montwedi, Mr H Phasha, Mr A Serumula and Ms C Stevens.
A letter dated 30 June 2010 has been received from the President of the Republic, informing members of the National Assembly that the Cabinet requires more time for its intended review of the Executive Ethics Code, as recommended in Public Protector Report No 1 of 2010-11, and undertaking to provide the House with a further progress report following a Cabinet meeting on 21 July 2010.
Referred to the Portfolio Committee on Justice and Constitutional Development and Joint Committee on Ethics and Members' Interests.
Letters dated 2 June 2010 and 12 July 2010 have been received from the Minister of Finance, inviting the relevant parliamentary committees in terms of section 4(2) of the Land and Agricultural Development Bank Act (No 15 of 2002) to nominate, by no later than 30 August 2010, a candidate with a strong credit risk background for appointment to the board of the Land and Agricultural Development Bank.
Referred to the Standing Committee on Finance for consideration and to the Portfolio Committee on Agriculture, Forestry and Fisheries.
Proclamation No R. 25 published in Government Gazette No 33254 dated 28 May 2010: Commencement of the Judicial Service Commission Amendment Act, 2008 (Act No 20 of 2008).
Proclamation No R. 21 published in Government Gazette No 33190 dated 14 May 2010: Referral of matters to existing Special Investigating Unit and Special Tribunal, in terms of the Special Investigating Units and Special Tribunals Act, 1996 (Act No 74 of 1996).
Government Notice No 423 published in Government Gazette No 33208 dated 21 May 2010: Annexure of certain districts to other districts for the duration of the 2010 FIFA World Cup Tournament, in terms of the Magistrate's Courts Act, 1944 (Act No 32 of 1944).
Government Notice No 424 published in Government Gazette No 33209 dated 21 May 2010: Determination of maximum amount of fine, in terms of the Sheriffs Act, 1986 (Act No 90 of 1986).
Government Notice No 356 published in Government Gazette No 33164 dated 7 May 2010: Regulation on exhumation, reburial or symbolic burial of deceased victims, in terms of the Promotion of National Unity and Reconciliation Act, 1995 (Act No 34 of 1995).
Government Notice No R.198 published in Government Gazette No 33021 dated 19 March 2010: Notice in terms of section 31 of the Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (Act No 70 of 2002): Postal Service Providers.
Government Notice No R.250 published in Government Gazette No 33067 dated 31 March 2010: Regulations relating to children's courts and international child abduction, in terms of the Children's Act, 2005 (Act No 38 of 2005): Postal Service Providers.
Government Notice No R.251 published in Government Gazette No 33067 dated 31 March 2010: Regulations relating to child justice, in terms of the Child Justice Act, 2008 (Act No 75 of 2008).
Government Notice No R.252 published in Government Gazette No 33067 dated 31 March 2010: Directives in terms of section 97(4) of the Child Justice Act, 2008 (Act No 75 of 2008).
Government Notice No R.273 published in Government Gazette No 33092 dated 1 April 2010: Determination of persons or category or class of persons competent to conduct the evaluation of criminal capacity of a child and the allowances and remuneration, in terms of the Child Justice Act, 2008 (Act No 75 of 2008).
Government Notice No 560 published in Government Gazette No 33309 dated 25 June 2010: Exemption in terms of section 74 of the Financial Intelligence Centre Act, 2001 (Act No 38 of 2001).
Government Notice No 472 published in Government Gazette No 33241 dated 4 June 2010: Borrowing powers of water boards listed under Schedule 3 Part B of the Act, Public Finance Management Act, 2001 (Act No 38 of 2001).
Government Notice No 473 published in Government Gazette No 33241 dated 4 June 2010: Borrowing powers of water boards listed under Schedule 3 Part B of the Act, Public Finance Management Act, 2001 (Act No 38 of 2001).
Employment Equity Report of the Department of Home Affairs for 2008-2009, in terms of section 22(2) of the Employment Equity Act, 1998 (Act No 55 of 1998).
Reply from the Minister of Finance to recommendations in the Report of the Standing Committee on Finance on Budget Vote 9: National Treasury, as adopted by the House on 2 June 2010.
Referred to the Standing Committee on Finance.
Reply from the Minister of Water and Environmental Affairs to recommendations in the Report of the Portfolio Committee on Water and Environmental Affairs on Water Tariff Increases of Bulk Water Resources 2009-10, as adopted by the House on 18 March 2010.
Report on the SA Human Rights Commission (SAHRC) Investigation into Issues of Rule of Law, Justice and Impunity arising out of the 2008 Public Violence against Non-Nationals.
Transport Laws Repeal Bill, 2010, submitted by the Minister of Transport.
Referred to the Portfolio Committee on Transport and the Select Committee on Public Services.
Local Government: Municipal Systems Amendment Bill, 2010, submitted by the Minister for Cooperative Governance and Traditional Affairs.
Referred to the Portfolio Committee on Cooperative Governance and Traditional Affairs and the Select Committee on Cooperative Governance and Traditional Affairs.
Transport Laws Repeal Bill [B 19 - 2010] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33328 of 2 July 2010.
Report to the Cedaw Committee by the Commission for Gender Equality on South Africa's implementation of Cedaw (Convention on the Elimination of All Forms of Discrimination against Women), 1998-2008.
In terms of section 84(2)(d) of the Constitution of the Republic of South Africa, 1996, read with Rule 7(1)(b) of the Joint Rules of Parliament, the President of the Republic of South Africa has called a joint sitting of the National Assembly and the National Council of Provinces on Wednesday, 18 August 2010 at 14:00, in order to debate the successful hosting of the 2010 FIFA World Cup.
Mr Ricardo Abrams, Director: Department of Home Affairs welcomed the committees and provided an overview of the programme for that day. It was suggested and agreed that the committees undertake a walk-about at the airport before the presentations. Because the delegation was huge, it was split into two groups. Group one was led by the Chairperson of Home Affairs (Hon Martins), and Group two was led by the Chairperson of Tourism (Hon Gumede).
The purpose of the visit was to check the state of readiness of the Cape Town International Airport in terms of processing visitors expected to arrive in South Africa between 11 June and 11 July 2010 for the FIFA World Cup.
Ensure that tourism challenges are addressed.
Check on the immigration infrastructure and state of preparedness of the Department of Home Affairs.
Focus on the challenges faced by tourism and the way in which services to tourism can be improved at the customs and passport control centre at the Cape Town International Airport.
Mr B.A Martins & Mr D.M Gumede (co-Leaders of the delegation); Ms. M.M Maunye; Ms. D.H Mathebe; Ms. P Petersen-Maduna; Ms X.C Makasi; Ms T.J Tshivhase and Mr B.
Mr. M. Mnqasela, Mr. Ms J.F Terblache and Mr. G.R Krumbock
MS. C.N Zikalala; Ms H.
Mr. JJ McGluwa
During the walk-about, one of the immediate challenges observed was the limited signage for travellers. The central departure centre caters for both the domestic and international departures. The layout at the central departure centre is such that all the retail shops and South African Police (SAPS) are on the 3rd Floor. The security check points are centralised. There is a centralised emergency centre which is coordinated by police and the airlines. Decisions taken are shared with other airports throughout the country.
The partition between the domestic and international departures is movable. Depending on the volume of travellers, the partition can be moved to accommodate the volume of travellers. The processing time is approximately 30 minutes. The building was commissioned on 7 November 2009 and can process 3,500 travellers per hour. The evacuation time is 20 minutes. The airport had conducted a dry run.
The departure counters at the immigration centre have been repositioned.
Cape Town International Airport is the 2nd biggest and busiest with an average of 5 000 in/out bound passengers per day. Traffic through the airport reflects over 60 000 aircraft ferrying over 6.7 million passengers in 2005. By 2015, 14 million passengers are expected to pass through Cape Town International Airport.
The airport was named Africa's leading airport in the 2008 World Airport Awards, with OR Tambo International second, and Durban International third.
A R120 million international departure terminal, opened in 2003, is capable of processing up to 1 300 passengers in peak hours, or a million passengers a year - three times the capacity of the old terminal. It has a total area of 21 000 square metres, including 2 360 metres of retail space.
A new international arrivals terminal, opened in 2001, has the capacity to process 950 arriving passengers per hour. It is well lit and spacious, providing convenient, efficient service to international passengers.
The construction commenced in August 2006. The new central terminal building expansion was due to be complete and open in November 2009. The new multi-storey parkade is located near the international terminal. The massive road network upgrade is expected to be completed in March 2010. On completion, the total terminal will cover 110, 000 square metres and with a total project value at R1, 5 billion.
The new organisational structure of the Department of Home Affairs was approved in 2008. There were 56 immigrations officers, two chief immigration officers and two assistant directors were recruited in 2008. The approved posts are 142 and only 75 have been filled. The vacancy rate is high because some officials have resigned or were promoted. Two immigration officers were dismissed for fraud, with regards to amending sick leave periods and unauthorized leave. There are presently no corruption cases at the airport with regards to the Department of Home Affairs.
The passenger flow figures during 2009 is 505 704 arrivals for South Africans, 500 800 departures for South Africans and 217 292 arrivals for foreigners and 214 551 departures for foreigners. There are 14 international departure workstations and 18 international arrivals workstations.
The airport has a dedicated State Protocol Lounge for the duration of the 2010 FIFA World Cup event. There is also a Commercially Important Person (CIP) lounge for the clearance of the teams. Counters 16-18 have been dedicated to the FIFA accredited members.
The implementation of the Advanced Passenger Processing (APP) system started on 31 of August and 9 airlines have started using it. APP enables the Department of Home Affairs (DHA) to process travellers before they board flights to South Africa, identify inadmissible travellers and advise airlines on appropriate intervention. In cooperation with the airlines, DHA will reduce administrative overheads associated with the imposing of fines on airlines.
Movement Control System (MCS) Transit Pax functionality.
There is no Inspectorate presence at the airport.
The construction of the New Central Terminal Building commenced in August 2006. The project is valued at R1, 5 billion. In the domestic wing, there are 120 check-in desks and 10 CUSS machines. There are also 6 new arrivals carousels and 11 security screening points, in addition to 8 new air bridges and bussing gates.
Departures would take place on the upper level from Central Terminal Building and arrivals will take place on the ground level. There is a domestic air bridge for the first time.
Limited information available.
Continuous peak operations on match days.
General aviation volumes unknown.
Insufficient parking for aircrafts.
Land/air interface management.
Additional temporary aircraft parking stand will be created.
Additional temporary bus holding facilities will be created.
Temporary staff facilities.
Volunteer programmes with the City of Cape Town.
The National Intelligence Agency (NIA) indicated in their presentation that they do not have information on possible disruptions linked to foreign terror. All people assisting in the 2010 FIFA World Cup have been vetted and only two have been denied.
Corruption and documents integrity.
Security in all areas required constant focus.
Insufficient airside and cargo space.
Possible targeting of customs and immigration officials by syndicates.
Loitering and passengers targeting by criminals.
Limiting the impact of such incidents through contingency planning by a multi-agency integrated approach by all relevant role players.
The input indicates that the Venue Operational Centre (VOC) will be fully operational on a 24-hour basis at Cape Town International Airport and will be the centre of command at the airport. The activity will address the execution of the arrival and departures of spectators, VIPs, VVIPs, teams and travellers during the 2010 FIFA World Cup.
Land side bus for team/members of protocol transport.
Immigration Area: International Arrivals and Departures.
Customs Area: International Arrivals; Aircraft: baggage.
Aircraft: Passengers; Routes to and from the airport.
Cargo: International Departures Control.
Passport Control Centre.
South African Police Service (SAPS) Camera/Observation Rooms.
The plan is to ensure the safety and sterility of the zones, with other role players.
A new dog unit has been operating at the airport since December 2008. The dog unit currently uses two sniffer dogs and during the World Cup, an additional two sniffer dogs are expected to assist. The dog unit officials are mainly used doing primary inspections with the help of sniffer dogs at the baggage carousel.
The Department has 14 staff and is in need of 17 staff for the World Cup.
Communication breakdown between passengers and stakeholders.
The improvement of operational efficiencies at key ports of entry is critical for the hosting of a successful 2010 FIFA World Cup. The intended adherence to the target of 1.5 to 2 minutes processing time per traveller is not as yet realised.
Proposals for amendments to the current operational practices approved in March 2008. This included a new shift roster system and other structural adjustments to operations. These must be speeded up as the improvements would impact on air, sea, and land ports of entry in preparation for 2010.
The Law Enforcement Strategy needs to be synergised and provides a foundation for the implementation. The committees observed that the design in the immigration centre makes it difficult, if not impossible, for immigration officers to profile passengers as they come in.
Staff shortages and the inability to fill posts due to the restructuring process: The inability to appoint officials in acting posts hampers service delivery. The Department of Home Affairs admitted that the recruitment process is slow and impacts negatively on service delivery.
It has also been noted that the tourism signage was virtually non-existent in the transit area for transit passengers. This would be important to build the travel trades knowledge of South Africa as a leisure destination.
The committees also observed that there was no information desk at the international arrivals to assist tourists. For some of the tourists, this could be their first visit to South Africa. Effective guidance was necessary to highlight the country as a leisure destination with an array of activities. The first impression the country created should last longer.
The committees noted that the non-existent of Southern Africa Development Community (SADC) counter at the international arrivals is a concern. While it is argued that marketing efforts should focus on the African markets, the importance of domestic markets must be regarded as an anchor to the sustainable tourism development strategy for South Africa.
The committees were concerned that the State Protocol Lounge may not be able to accommodate high volumes of VIPs.
Committees observed the non-availability of billboards at the international arrival and departure to leverage brand awareness of South Africa.
The Department of Home Affairs fills posts that are vacant.
The Department of Tourism should be included in the Border Coordinating Committee (BCOCC).
All stakeholders should be included when construction takes place at the airport.
It was confirmed that Cape Town International Airport would be ready for 2010 FIFA World Cup. However, the Integrated Bus Transit (IBT) would not be fully operational and it is the responsibility of the City of Cape Town to ensure the readiness of the IBT.
The Standing Committee on Finance, having considered and examined the South African Reserve Bank Amendment Bill [B 10 - 2010] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill without amendment.
The Portfolio Committee on Health has an oversight role over the Department of Health. The vision of the committee is to ensure an accessible, affordable, equitable, quality, effective and efficient health system for all the people of South Africa. It can no longer be business as usual when the people of South Africa do not have access to an effective and efficient health system.
There had been an infection outbreak at Charlotte Maxeke Johannesburg Academic Hospital which led to the deaths of 6 babies by 18 May 2010. The committee wanted to assess the situation and see whether there was a threat of the infection spreading to other hospitals and provinces. The committee also wanted to evaluate the strategies the hospital was using in handling the infection so that it does not spread further.
Dr MB Goqwana, Chairperson of the Committee (ANC), Ms E More (DA) and Ms V Majalamba (Committee Secretary).
Dr Daynia Balldt who was in charge of the neonatal ward briefed the committee about the events that led to the death of the 6 neonates at Charlotte Maxeke Johannesburg Academic Hospital. She informed the committee that the first baby had diarrhoea on Friday, 14 May 2010 but his condition then improved. Thirteen babies were sick on Saturday, 15 May 2010 and by Sunday the number had increased to seventeen. The 5 neonates died on Monday, 17 May 2010 and the sixth one died in the evening of Tuesday, 18 May 2010.
Dr Balldt stated that the babies were admitted to 3 different wards but were sick at the same time. They were then admitted to 1 ward. She told the committee that the hospital had never had an outbreak like that before and further indicated that the hospital was once rated a world class hospital. She stated that she was very concerned over the bad reports by the media. She indicated that staff has to be acknowledged for the good job they did during the outbreak instead of blaming them. She also admitted that there were challenges like overcrowding in the ward and staff shortages and that most of the staff did not want to work at the neonatal ward because of the heavy workload.
She mentioned that there were forty five neonates in the ward while the capacity of the ward was thirty five. She told the committee that there was no way they could have avoided overcrowding or they would have been in breach of the Constitution of South Africa which states that everybody has the right to access to health care services and because most of the neonates were born at the hospital there was no way they could have chased them away after birth. She also told the committee that they were faced with financial constraints but that they were doing their best with what they had.
Dr Balldt further informed the Committee that they had initially suspected that the outbreak and deaths were due to pre-Nan Feeds. The majority of the babies were premature varying from low to very low birth weights. The hospital then called the National Health Laboratory Services to conduct an investigation on what might have been the cause of the deaths of the babies.
Dr Balldt stated that on Sunday, 16 May 2010 Professor AG Duse who worked for the National Health Laboratory Services and the Wits University was called to assist with an outbreak of diarrhoea occurring predominantly in premature neonates in the neonatal wards numbers 177 and 184 at the Charlotte Maxeke Johannesburg Academy Hospital. There were seventeen neonates who were affected at that stage. Dr Balldt informed the committee that pre-term and particularly very low birth weight neonates are vulnerable to infections and complications, due to the fact that their immune system was immature.
Sixteen faecal samples were submitted for virology investigations and fifteen of these tested positive for Norovirus. She indicated that Noroviruses have been documented as causes of neonatal diarrhoea that can become complicated to more serious and potentially life-threatening conditions such as extensive inflammation and damage and death of cells in the gastrointestinal tract (necrotising enterocolitis). In premature neonates, severe inflammation of the gastrointestinal tract can lead to both resident and hospital-acquired gut bacteria migrating into the bloodstream causing severe sepsis and even death of the infant.
Dr Balldt stated that line-listing was done with all affected neonates. An audit with on-site infection prevention and control, training and education was carried out in wards 177 and 184. Nineteen empty, used milk-fed bottles with evidence of residual milk were collected and sent to the National Health Laboratory Services Infection Prevention and Control Laboratory for culture. She further stated that twelve of these bottles grew klebsiella pneumonia but they were still awaiting the antibiogram which would be available by Thursday, 20 May 2010. A further 6 grew a gram-negative bacillus morphologically resembling klebsiella but they were awaiting final confirmatory identification and antibiogram results. One bottle grew a gram-negative bacillus to be further identified.
Four reconstituted milk-fed bottles were collected and sent to the NHLS Infection Prevention and Control Laboratory for culture. One of these bottles grew a gram-negative bacillus morphologically resembling klebsiella but they were also awaiting the final confirmatory identification and antibiogram results which would be available by Thursday, 20 May 2010.
Thirteen rectal swabs and 4 stool samples were collected in duplicate (a total of 4 specimens) from symptomatic neonates for bacteriology and virology investigations. Of the seventeen sent for microbiology, fifteen grew a gram-negative vacillus morphologically resembling klebsiella but the hospital was still awaiting final confirmatory identification. Of the sixteen received by the National Institute for Communicable Disease (NICD) for virology, fifteen tested positive for the norovirus.
Faecal samples collected from the seventeen neonates that were sent for bacteriological investigation yielded a growth in fifteen of the seventeen samples of a bacterium called klebsiella pneumonia, 6 of which were highly resistant to antibiotics and called ESBL positive strains. Dr Balldt further mentioned that it is important to note that both drug sensitive strains of klebsiella pneumonia were present in the blood of at least 4 of the 8 neonates from whom blood cultures were collected suggesting possible migration (translocation) of gut organisms into the bloodstream. Eighteen used milk bottles were processed and in all of these klebsiella pneumonia was found, thirteen strains of which were highly drug-resistant.
Two patients discharged from the neonatal wards on Friday, 14 May 2010 were readmitted with diarrhoea to ward 285 where blood cultures were taken on 18 and 19 May 2010. One blood culture grew a drug-sensitive klebsiella and the other a bacterium that needed further identification. Furthermore, two blood cultures from 2 new babies were collected on 18 May 2010 and tested positive for bacteria growth (microbes needed to be identified further).
The norovirus may have been introduced from the community and it infected one or more neonates. It spread to all other babies due to lack of infection prevention and control practices.
Gastrointestinal damage caused by the norovirus might have led to migration of gut organisms like klebsiella pneumonia and other bacteria into the bloodstream and caused severe sepsis requiring the administration of antibiotics into the bloodstream.
Bacteria that were present in the gut can furthermore be spread by contaminated hands due to inadequate handwashing after diaper changes and in the course of healthcare delivery to other neonates and result in healthcare associated infections.
The bacterially contaminated used milk bottles could have also led to the introduction of dangerous bacteria into the very fragile gastrointestinal tract of the pre-term neonates with norovirus diarrhoea and could have caused complications such as necrotising enterocolitis.
Investigations conducted suggested that more than one (probably all four) of the above contributed to the outbreak.
The hospital believed that it was most likely that the virus was introduced into the neonatal ward by caregivers (mothers), siblings or healthcare personnel.
Education and training on proper infection control measures was done immediately for all ranks of staff in ward 177 and in the milk kitchen.
Continuous and unannounced inspections were being carried out.
All the babies from the neonatal ward were moved to the newly renovated ICU, with single cubicles while the ward was being disinfected and made safe for patient care again.
The milk kitchen was thoroughly cleaned and disinfected and renovations would be carried out before the end of that week.
Professor Duse from the National Health Laboratory Services (NHLS) will continue to monitor laboratory results.
Visits by parents were monitored and protective clothing were provided for them before they were allowed to see their babies.
All staff members working in the neonatal unit were being supplied with disposable surgical gowns and caps.
Counselling was arranged for the bereaved mothers.
The committee visited the prem-unit, where 6 neonates died. There were no neonates at the ward because all were removed to the newly renovated ICU after the outbreak. The committee observed that the infrastructure was very old. The CEO, Dr Barney Selebano informed the committee that the ward was going to be renovated, cleaned and de-germed.
The committee was informed that Carte Blanche donated money for the renovation of the unit. The purpose of the renovation was to extend the intensive care unit so that young and older children were not admitted to the same ward. The unit was where all the neonates were admitted from the prem-unit. The committee observed that the unit was very clean and had disposable gowns and gloves that were used by the staff and people visiting the unit. The committee further noted that all children were in single cubicles.
The committee was shown where the babies were delivered. There was a four bedded unit at the labour ward that was called the transitional unit for neonates. Babies were screened at the unit and if found sick they were referred to the ICU, otherwise they were referred to the prem-unit. The committee was informed that there were two nurses per shift.
The committee observed that the milk room was in a bad condition. The infrastructure was very old and bottle brushes were used that were very old and rusty.
The committee concluded its visit and noted that the hospital was short staffed. Another key finding was that the hospital was under funded hence they were still operating on a very old infrastructure.
Communities and children should be immunised and fully vaccinated especially towards winter season.
Community based education and preventative measures be scaled up especially on the basics like cleanliness and washing of hands.
Parents visiting neonates should be monitored at all times.
Counselling be arranged for staff members that were working at the neonatal ward when the incident happened.
Radical action be taken by the health sector to strengthen the quality of child care.
Milk rooms be moved to the neonatal ward or closer so as to enable health professions staff to be involved.
The issue of staff shortages and inadequate funding of the hospitals be dealt with as a matter of urgency by the National Department of Health.
The Department needs to strengthen and promote Primary Health Care.
Tertiary institutions be run and managed by the National Department of Health as one of the strategies to manage the referral system.
The Committee, as mandated by the Constitution and Rules of Parliament, undertook an oversight visit to the abovementioned provinces.
Monitor and evaluate the pace of agrarian reform in the provinces.
Assess the implementation and impact of government-funded farmer support programmes that are undertaken by the Department of Agriculture, Forestry and Fisheries such as the Comprehensive Agricultural Support Programme (CASP) and Micro Agricultural Financial Institutions of South Africa (MAFISA).
Facilitate cooperative governance and intergovernmental relations between the National and Provincial Departments of Agriculture, Forestry and Fisheries, as well as Local Governments.
The oversight delegation consisted of: Hon. M Johnson (ANC) - Committee Chairperson, Hon. Ms NM Twala (ANC) - Committee Whip, Hon. Mr S Abram (ANC), Hon. Ms MC Mabuza (ANC), Hon. Ms RE Nyalungu (ANC), Hon. Mr PJC Pretorius (DA) and Hon.
The Committee was supported by parliamentary staff consisting of Ms M Solomons - Committee Secretary, Ms N Mgxashe - Committee Researcher and Ms C Sheldon - Committee Assistant.
In the Eastern Cape, the Committee was joined by Members of the Eastern Cape Legislature's Standing Committee on Agriculture and Rural Development, officials from the Provincial Department of Agriculture and relevant Local Government officials.
In Kwazulu-Natal, the Committee was joined on oversight by Members of the Kwazulu-Natal Legislature's Standing Committee on Agriculture, Environmental Affairs and Rural Development, officials from the provincial MEC's office, the Local Government officials and officials of the Provincial Department of Agriculture, Environmental Affairs and Rural Development.
In both provinces, the Committee was also accompanied by the officials of the national Department of Agriculture, Forestry and Fisheries (DAFF) who were represented by Ms V Titi, the Deputy Director-General (DDG): Agriculture Support Services; Mr R Sebifelo, Parliamentary Liaison Officer and two officials from the national DAFF's Communication Directorate.
Hamburg is a coastal communal area of Ngqushwa Local Municipality (Peddie), which is under Amathole District Municipality. The Committee met with the community chaired by the Speaker of the Ngqushwa Local Municipality, Mr Xotyeni. The community ekes out a living from the coast, mostly through subsistence fishing of oysters and various other fish. Previously, the community also derived some income from the sale of abalone (also known as perlemoen). However, their abalone fishing permits which allowed each person to catch 3 abalones a day, have since 2004 expired, and were never renewed. The community had since then consulted the Marine and Coastal Management Division (MCM) of the then Department of Environmental Affairs and Tourism (DEAT) to get their permits renewed. Nothing came of those attempts - instead the DEAT promised to send marine scientists to check abalone stocks along the Hamburg coast line but to date, the community has not received feedback on such a study or a reason why their permits could not be renewed. The community reported that they witness commercial fishing boats poaching abalone on a daily basis, particularly after hours when environmental inspectors are not around. However, when the members of the community try to make a living from the coast through abalone fishing, they get arrested and given hefty fines which they cannot afford to pay.
With the recent proclamation that was signed by the Acting President, the Honourable Mr Kgalema Motlanthe, which transferred most of the MCM to the DAFF, the challenges faced by the community should be looked at together with similar cases in the country. For example, Hermanus in the Western Cape, where the DAFF is working on an abalone recovery plan.
The Committee should also look at how the number of abalone that the community can catch can be increased (total allowable catch) as the three-a-day permits which they previously had, was not cumulative and therefore, not reliable as a source of income.
The Committee should engage the provincial Departments of Agriculture and Rural Development and Local Government in looking at livelihood alternatives in the absence of abalone fishing permits. Formal correspondence should be drafted to the relevant department to engage further on the matter. The Committee, to also liaise with the relevant portfolio committees in parliament, to address the issue.
Ncera Farms (Pty) Ltd, is one of the entities of the DAFF situated in the Kidds Beach area near East London on state owned land measuring approximately 4 000 hectares. The entity is currently under a Board of Directors as Board members resigned in January 2009. In the absence of a Board, the then Minister of Agriculture and Land Affairs, Ms Xingwana, appointed Mr Andile Hawes, the DDG: Production and Resources Management, to be the 'caretaker' of the entity until a new Board is appointed. Mr Hawes was not part of the DAFF delegation during the Committee's visit. Ncera Farms (Pty) Ltd, is a public company listed under Schedule 3 B in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999). The DAFF is the sole shareholder. The complexity of the situation at Ncera saw the Committee delegation having two separate meetings: the first one being a briefing by the Chief Executive Officer (CEO) of Ncera Farms (Pty) Ltd., Mr A Stylianou and emerging farmers that were settled by the former Department of Land Affairs on state farmers that form part of the Ncera Farms (Pty) Ltd.
Meeting with Ncera Farms (Pty) Ltd.
The CEO, who resides at the Ncera Service Centre where the meeting was held, reported that the Centre is assisting emerging farmers and the surrounding rural communities through various services in the form of advice, extension services, training, technical assistance with equipment, etc. The farms that comprise Ncera Farms were previously commercial farms, which were later inhabited by 50-60 families of farm workers. The farm workers and other community members on these farms felt entitled to these farms, and were of the opinion that they will be settled on some of the farms after they were handed over to the former Ministry of Agriculture and Land Affairs.
However, in 2005, advertisements were placed in the local newspapers by the Department of Land Affairs (DLA) in Pretoria, advertising for applications from farmers who wish to lease the farms with the intention to purchase. The entire process was handled by the Pretoria office of the DLA and of the 700 applications they received, 40 applicants were shortlisted. Of the shortlisted, ten successful applicants received responses between May and June 2007 and were then settled on the farms with Permissions to Occupy. Permission to Occupy (PTOs) are valid for 12 months. One of the ten applicants is a member of the Ncera community and also an official of the Department of Rural Development and Land Reform. While he initially identified himself as one of the ten farmers, on correction from one of the farmers, he admitted that he soon vacated the farm after realising that no official documents were forthcoming from the DLA.
That left nine farmers who now call themselves the Ncera Progressive Farmers Cooperative. When the farmers first settled on the farms, they were promised 3-year leases by the end of the PTOs with the intention to purchase at the end of the lease. This according to the DDG, is the Department's policy on the disposal of state land. The process was delayed and their PTOs have since expired without them having acquired leases. Whilst settled on the farms, the farmers invested infrastructure and production capital on the farms, using their own funds, as loans were not granted to persons without legal entitlement to the land. These monies were invested with the understanding that they will receive rent-to-buy leases at a later stage. To date, the farmers have not received any official documentation from the former or current Ministry of Agriculture and Land Affairs or Agriculture, Forestry and Fisheries - neither renewed PTOs nor leases that give them some form of entitlement to the farms.
Despite the expiry of the PTOs, the farmers remained on the farms and continued to farm with the little they had, and it was alleged by the CEO that some of them had sold their homes to take occupation of the farms.
Residents from the surrounding communities and previous farm workers were not happy with the resettling of strangers on farms that they believed they were entitled to. They claimed that the process of allocation of farms was illegitimate and they subsequently invaded the farms.
The police could not assist the settled farmers regarding the invasions as they had no official documents that proved their rights to occupy the farms.
The DAFF is currently in the process of issuing the farmers new PTOs, which will later be converted to leases.
Alleged that she had read from minutes of a meeting that she did not attend, that one of the state farms, Rocklands Farm, was reserved for the settlement of the 50-60 families that formed the Ncera community.
The viability of the farms in terms of productivity, which would enable the farmers to eventually purchase the farms.
The PTOs, which are valid for twelve months, do not provide much assistance to farmers as they cannot secure loans from banks.
The legitimacy of the process of allocating the farms if after 3 years, they still have no official documents.
The extent to which these farmers were capacitated by the Department of Agriculture in order for them to be able to graduate from emerging farmers to commercial farmers.
Given the extent of the problems at Ncera, it looked as if the DAFF only made some effort to resolve the issue on hearing that the Committee was visiting the place. For example, if the PTOs were a simple matter as the DDG claimed, why did it take 3 years for the Department to issue those to the farmers?
The DDG to get the DAFF or their counterpart, the Department of Rural Development and Land Reform to investigate the community member who is also an official of the Department of Rural Development and Land Reform, who was attending the meeting, when he should have been at work. His involvement as a government official in the interests of the Department that he works for was seen as a conflict of interest.
DAFF to finalise the issuing of PTOs to the settled farmers as a matter of urgency.
The briefing meeting with the farmers and the CEO was followed by the all-inclusive meeting with the local community, including the aforementioned parties. There were imminent tensions and obvious divisions between the local community, the CEO, Mr Stylianou and the settled farmers. The meeting was characterised by tension-filled heated discussions and lots of finger pointing by the community to the CEO of the Ncera Farms (Pty) Ltd and the DDG and her Department.
The community reckoned that problems at Ncera have been going on for more than 10 years but were aggravated in 2007, by the settlement of farmers, all from outside the area except one, in the neighbouring farms that the community used for their livestock. The settled farmers do not even allow the local community to graze their livestock or use drinking points on these farms. The Department of Land Affairs had not informed the surrounding communities, which had previously had free access to these farms, about its plans. The community felt that people who were born and bred in the area and those who were previously farm workers on these farms while they were still operating commercially, should have been given first preference on these farms. They felt that the whole process was flawed and corrupt.
The community voiced their frustration at having government officials coming to them to make promises and then disappear without ever resolving the problem. Many people who have been at Ncera in the last 10 years included parliamentary committees, the former MEC of the EC provincial Department of Agriculture, who is now the Minister of Rural Development and Land Reform, Mr Nkwinti, who whilst MEC in the province, told them that the matter was for the National Department and the former Minister of the Department of Agriculture and Land Affairs, Ms Xingwana. The community said they had asked the then Minister, Ms Xingwana, for a forensic audit to be done on the Ncera Farms (Pty) Ltd to ascertain how much money was, and is being spent by government on the farm while the local community is not benefitting. They noted that they are yet to see the audit if it was ever done and have no confidence in Mr Hawes who is the 'caretaker' of Ncera (Pty) Ltd.
While the CEO and the DDG maintained that the Service Centre is used as a training and resource centre for the local and surrounding communities, the community contended that they had no access to it. The community claimed that the only people who are benefitting from the Centre are the CEO, his family and those that he likes. The community felt that with the 2 to 3 million rands Parliamentary Grant that Ncera Farms (Pty) Ltd receives, the Service Centre should be open to all instead of a select few who are nominated by the current management of Ncera Farms (Pty) Ltd. Furthermore, the community laid serious charges of corruption against the CEO of Ncera Farms (Pty) Ltd., Mr Stylianou, and all those involved in the setting up of the Centre, including some government officials who were involved in the settling of the farmers on the Ncera state farms.
In previous interactions with the national Department of Agriculture, it was resolved that a steering committee that would include members of the community would be established to investigate some of these issues. In addition, that a forensic audit would be commissioned to investigate the settling of the farmers. Though these resolutions were made, there has been no further follow up by the Department on these issues and they hardly see Mr Hawes, the Departmental 'caretaker' of Ncera (Pty) Ltd. The community felt slighted that their issues were not taken seriously. They also voiced their disappointment at the DDG regarding an issue of being resettled on Rocklands Farm, which she admitted is in the minutes that the community claimed to know nothing about as they never had a meeting with Departmental officials. They requested the DDG to send them a copy of those minutes from which she got the issue of their settlement at Rocklands Farm.
The community also reported on what they called a fraudulent eviction order that was served to one of the families that has always lived on one of the settled farms. They claimed the eviction order was written on a Ncera Farms (Pty) Ltd. letterhead but had a Magistrate Court stamp. The DDG clarified that one of the clauses of the PTO states that an occupier (s) cannot interfere with people that they have found on state property. In the light of all the allegations, the community insisted that Mr Stylianou should be removed from Ncera (Pty) Ltd. and be transferred elsewhere whilst a forensic audit that they have been requesting for the past 5 years, is undertaken.
Recognises the need for a forensic audit at Ncera Farms (Pty) Ltd.
The DAFF should submit a full report to the Committee on all the issues that were raised in both meetings and the progress on what the Department has done and is currently doing.
It the forensic audit was previously conducted, the DAFF must submit the report to the Portfolio Committee and the community, including follow up with the community on findings.
The Portfolio Committee to contact the community on its follow up on the issues by Tuesday, 9 February 2010.
In a late afternoon meeting at the offices of the Provincial Department of Agriculture in Bisho, the General Manager of the Eastern Cape Provincial Department, Mr S Masebeni, submitted apologies for the MEC for Agriculture and the Head of Department, who were both attending a provincial Cabinet meeting.
The Senior Manager: Projects, Mr Felix Hobson of the Provincial Department gave a presentation on the progress of the Comprehensive Agricultural Support Programme (CASP), while Mr Delport of the Eastern Cape Rural Finance Corporation made a presentation on the Micro Agricultural Financial Institutions of South Africa (MAFISA).
The Comprehensive Agricultural Support Programme (CASP) presentation was on provincial progress from April 2009 to the end of January 2010. The CASP makes funding provision to targeted beneficiaries of the land and agrarian reform programmes. These funds are conditional grants that are managed by the provincial Department to provide post-settlement support to farmers with infrastructure, production inputs, training and mentorship. The policy focus of the CASP in the Eastern Cape is food production; livestock development; resuscitation of irrigation schemes; the provision of agricultural infrastructure and training and capacity building.
The province has thus far only used 55% of the R120 million that was allocated for CASP in 2009/10, with only two months left into the end of the financial year. One of the officials assured Committee Members that by the end of March, the Department would have used up the remaining 45% even if it means them buying equipment (most probably fencing) and keeping it. It was apparent that despite the need for CASP funding in the Eastern Cape, the provincial Department is still struggling to effectively utilise CASP funds, beyond infrastructure provision, for example, fencing, poultry structures, dipping tanks, etc. and to some extent, training of extension officers. The province maintained that they needed a capital investment in agricultural infrastructure of R350 million of which it has only received R190 million, which leaves a deficit of R160 million. On numerous infrastructure projects they have planned, for most of them less then 50% of the targeted outputs, were achieved by the third quarter of the financial year. With the serious skills shortages in its Extension Services, the province has trained a total of 132 Department officials, 95 on technical skills and 38 on general skills through its Extension Recovery Plan. For farmer training and capacity building, a total of 412 beneficiaries were given accredited training on various farming programmes.
Socio-economic problems within communities.
Increasing input process for construction and production during the period between budget planning and the time that projects get implemented.
Insufficient capacity in agricultural engineering.
Lack of financial and project management capacity of developing contractors.
In addressing some of the challenges, the provincial Department intends to focus on proper planning of projects with the hope that this will improve project implementation. Furthermore, the Department intends to monitor district project implementation more closely to identify bottlenecks in time.
That the Department is planning and even admitted to fiscal dumping by using the remaining 45% in the CASP budget within two months on equipment. This was a serious concern considering that most of that equipment eventually gets stolen or vandalised.
The national Department of Agriculture, Forestry and Fisheries invested a significant amount of funds into the Extension Recovery Plan. However, given the size of the Province and the need for an effective and efficient extension service for, subsistence and emerging farmers, the Province has made little use of the available funds for improving the skills of its personnel.
The Eastern Cape is one of the provinces in which MAFISA was initially piloted in 2005 before it was rolled out nationally. The MAFISA programme in the Eastern Cape is administered by the Eastern Cape Rural Finance Corporation (commonly known as Uvimba), whose objective is to promote, support and facilitate rural development in the province through the mobilisation and provision of financial resources, and promoting and encouraging private sector investment in the Province. Uvimba was established in 1999 through the amalgamation of the Agricultural Bank of Transkei and the Ciskei Agricultural Bank as the two former homelands were incorporated into the Eastern Cape Province. Uvimba has branches in all six District Municipalities to ensure easier access of the credit facility to farming communities.
The provincial presentation was based on the MAFISA pilot phase from December 2005 to December 2007 and the current financial year. During the 2-year pilot phase, the provincial MAFISA programme has granted 728 loans to the tune of R47.6 million. The majority of the loans were for ostrich farming, broiler production, cotton farming and production inputs. The bulk of the loans in monetary terms were for ostrich and cotton farming. From June 2009 to January 2010, 128 loans were granted through MAFISA, amounting to R4.9 million. The majority of these loans are for production inputs and to some extent, broiler and livestock production. In the past year, from January to December 2009, R7 million was disbursed and R6.1 million was paid back to Uvimba.
Competition with grant providers such as local municipalities, Accelerated and Shared Growth Initiative for South Africa (AsgiSA) - Eastern Cape, NGOs such as LIMA to acquire production outputs.
Competition with the Department of Agriculture's grant programme such as Siyakhula/Siyazondla.
The availability of social grants affects the number of small scale farmers who apply for loans.
Since MAFISA is a government intervention scheme; some farmers still refuse to repay their loans, seeing it as grant money.
The in-house credit life scheme that limits the age of an applicant to be no older than 65 years. At the time of application, this disqualified many small scale farmers who are still interested in obtaining loans to address the issue of food security.
Inadequate means to mitigate risks related to natural hazards such as drought, floods, hailstorm, fires, etc.
Lack of understanding by beneficiaries of land reform programme. For example, they do not understand that the MAFISA loan application process is not necessarily linked to these programmes.
Reduction in Reserve Bank interest rates affects the competitiveness of MAFISA interest rates.
High default rate.
The provincial credit facility recommends the integration of their services with grant providers (like CASP) to mitigate risk and improve outreach, and for government to lower the threshold for collateral security to R10 000.
The Committee visited a NERPO affiliated Wildevrede Farm in Queenstown. The Managing Director (MD) of NERPO, Mr Aggrey Mahanjana, hosted the Committee and provided a briefing on the farm and the activities that are carried out on the farm. Wildevrede Farm was acquired by NERPO in June 2009 on a three year lease from the Department of Rural Development and Land Reform through the Proactive Land Acquisition Strategy (PLAS) programme. It is used as a training facility for youths interested in agriculture through NERPO's Development and Land Reform (DRDLR) who paid R6.8 million for the farm. NERPO leases it from the Department for R220 000 at 10% escalation per annum. The farm is 1 500 hectares in extent, and 65 hectares of this, is arable land.
The youth training programme lasts for one year with participants being exposed to every aspect of farming, including budgeting and financial planning. The agricultural activities on the farm are diversified to provide participants with greater exposure to the different kinds of farming. Operations on the farm include: extensive beef production, Boergoats, free range indigenous chickens, agronomic crops and vegetable production. The farm is currently run and managed by 23 resident students who are part of the Training Programme. It is the intention of NERPO that once its three year lease expires; the farm can be handed over to 5 nominated programme participants who have excelled during the course of their training. It is hoped that with assistance from the DRDLR, the 5 young farmers can eventually buy the farm.
Mr Mahanjana mentioned that they have tried as NERPO, to involve the provincial extension officers in student training, but realised that the extension officers themselves need more training as they could not even perform basic technical activities like soil analysis. He also alluded to their frustration as NERPO with the government's failing land reform programme. He believes that no acquired farm can be a success without a potential farmer's own reserves of capital, as most farms do not make any income within the first three years of inception. He believes that that is why most land reform projects fail because government places onto farms large numbers of people with no financial backing and technical skills. To this effect, Mr Mahanjana showed the Committee a neighbouring farm that is a classic example of failed land reform projects.
The farm, which was once one of the top maize producers in the country was bought by the then Department of Land Affairs and they placed in it a group of people from different communal villages throughout the Eastern Cape. The people had no commercial farming experience and did not receive any assistance from the Department. Ever since the farm was bought by Land Affairs and transferred to the people, it did not operate as a commercial farm but a resettlement communal village. After some in-fighting and struggling, some of the villagers left the farm and went back to where they came from. The few that are left on the run-down farm, which has now become like any other degraded communal village, are struggling to make ends meet.
That government should assist the five identified youth with technical and financial assistance once they take over the farm at the end of the 3-year NERPO lease.
That the DAFF, through the provincial Department, provides the Committee with a list and details of failed land reform farming projects in the province that are in similar situations to the farm that is neighbouring the NERPO's Wildevrede Farm in Queenstown. The Committee needs to undertake follow-up studies after receiving the relevant data from the respective national and provincial Departments.
The responsibility for the challenges faced on these farms falls within the ambit of the work of the Department of Rural Development and Land Affairs. It is therefore important that the Portfolio Committee liaises with the Portfolio Committee on Rural Development and Land Affairs so that the Department of Rural Development reports to both committees.
The Qamata Irrigation Scheme is one of the four schemes that falls under Intsika Yethu Local Municipality. The irrigation schemes were the initiative of the former Transkei government, and all currently require rehabilitation. The Scheme was designed for individual farmers, not communities or cooperatives, which are currently being promoted. The Qamata Irrigation Scheme, it is claimed, started falling apart with the exit of the then Transkei Agricultural Corporation (TRACOR), the Transkei government parastatal whose main objective was to give financial and technical services to small scale independent farmers. At Qamata, TRACOR was responsible for the day to day running and management of the Irrigation Scheme on behalf of the 1 500 farmers that were members of the scheme, in exchange for a number of bags from their produce. The farmers, some of whom are still members of the Scheme, do not have ownership entitlement to the land as it was allotments given to them by the former Transkei government.
The Scheme, which covers a land area of approximately 4 000 hectares is being revived through joint partnerships between the Provincial Department of Agriculture and Rural Development and the Intsika Yethu Local Municipality. In addition, other partners and stakeholders involved in the Scheme are: The National Development Agency (NDA); ASGISA-Eastern Cape; Provincial Department of Social Development; Chris Hani District Municipality and the former Department of Water Affairs and Forestry. Currently, 1 000 hectares of the scheme is under lucerne production, 500 hectares under maize production of which 350 hectares of independent farming takes place.
Inadequate infrastructure - the existing infrastructure at the scheme is said to be old and dilapidated, thus leading to water wastage.
Inadequate funding - farmers who have access to water do not plough their lands due to financial constraints.
Lack of maintenance.
Vandalism of the facilities and existing infrastructure.
Poor access to national roads limits market access.
The provincial Department of Agriculture and Rural Development, which received funding from National Treasury for the revitalisation of irrigation schemes is doing a survey of all irrigation schemes in the Province and only Ncora Irrigation Scheme has been completed.
Forming part of the run down infrastructure are houses that used to house extension officers in the former homeland of Transkei. The houses are said to belong to the Department of Public Works, and the provincial Department of Agriculture and Rural Development is negotiating with Public Works regarding their renovation. The intention is for the houses to accommodate extension staff that will be rendering technical assistance to the Scheme through the government-supported Rehabilitation of Irrigation Schemes Programme.
To address the issue of inadequate funding, an agreement was reached between the provincial Department of Agriculture and Rural Development, the Chris Hani District Municipality (under which Intsika Yethu Local Municipality falls) and the Scheme Committee of the 4 schemes that are under Intsika Yethu Local Municipality. They resolved that funds allocated to various irrigation schemes for each financial year would be consolidated to one irrigation scheme within a financial year. This ensures that although some schemes have to wait a few years for revitalisation, a more significant and substantial contribution is made. Through this arrangement, Shiloh Irrigation Scheme received R25 million in the 2009/10 financial year. In the current financial year, the allocation will go to Ncora Irrigation Scheme while Qamata Irrigation Scheme will get its allocation in the 2011/2012 financial year. The Committee commended the good intergovernmental relations between the provincial Department of Agriculture and Rural Development and the Local and District Municipalities, which will ensure that projects are well aligned with the latter's Integrated Development Plans (IDPs).
The Committee was joined by the Kwazulu-Natal (KZN) Legislature's Standing Committee on Agriculture, Environmental Affairs and Rural Development, Local Government, senior officials of the office of the MEC and the provincial Department of Agriculture, Environmental Affairs and Rural development and members of various cooperatives from the District. The provincial Manager for CASP, Mr Z Duze, presented to the Committee. The province did not have a presentation on Micro Agricultural Financial Institutions of South Africa (MAFISA) programme.
In Kwazulu-Natal, the focus of CASP has been on land reform beneficiaries, with identification and prioritisation of beneficiaries being done at the district level. By the end of January 2010, CASP expenditure in KZN was at 65% with projections to be at 98% by the end of March (end of financial year). The KZN provincial CASP, although it has failed to adequately and timeously spent its allocation, had varied projects on the different pillars of CASP. Despite the majority of projects being for infrastructure, given the focus on post-settlement support, CASP in KZN also provided a sizeable amount of funds to production inputs for sugarcane, livestock, poultry, grain and vegetables under irrigation; mentorship and training (840 farmers trained and 22 mentors placed in farms); as well as technical and advisory services. Through the Extension Recovery Plan, 482 extension personnel underwent training, the majority of whom did training in Information and Communication Technology (ICT). CASP in KZN also makes a financial contribution to food security, which is implemented by another Directorate within the provincial Department.
Lack of capacity at district level.
The lengthy procurement process.
Inflated prices by service providers.
Design of some projects which resulted in beneficiary conflicts.
The majority of commercial land reform projects being too complex for beneficiaries to operate.
To mitigate some of the CASP challenges, in July 2009, a Cabinet Lekgotla approved the establishment of an entity, the Agribusiness Development Agency (ADA), which will serve as an implementing arm of CASP on behalf of the provincial Department of Agriculture, Environmental Affairs and Rural Development. The ADA comprises MECs for the provincial Departments of Agriculture, Environmental Affairs and Rural Development (CASP funding on projects), Treasury (financial oversight), Economic Development and Tourism (capital requirements of the ADA) and Local Government and Traditional Affairs (linkages with municipal IDPs). The ADA is hoped to shorten the procurement process; provide linkages with the commercial sector to address sustainability; better coordination for efficient resource use and capacity building for farmers and the Department of Agriculture, Environmental Affairs and Rural Development. For the 2010/11 financial year, projects have been identified, consultative process in progress, and the commercial sector will play a role in implementing the projects.
That with 35% of its budget still remaining two months into the end of the financial year, the Committee is concerned that the Department will engage in fiscal dumping in order to ensure that its budget is spent.
The extent to which the plans of the Department are linked to the IDPs of the local municipalities, particularly those within which funded projects are based.
In respect of technical and extension services, the extent to which there is consultation and cooperation between the provincial Department and organised agriculture (for example, AgriSA in terms of their various commodity training chambers).
The National Department of Agriculture, Forestry and Fisheries invested a significant amount of funds into the Extension Recovery Plan - the impacts of which do not seem to be reflected within the Province.
That a new official to the provincial Department, not the HOD or CASP Manager, decided to respond to Committee questions on the presentations. Most of the responses on service delivery were vague.
Presentation by Invundo Agricultural Tertiary Cooperative Ltd.
Imvundo is a private company that seeks to provide an all-inclusive service to up and coming cooperatives in both crop and livestock production. Without an indication of what the organisation has achieved, the presentation was largely based on a proposal on how the organisation can solve the challenges of cooperatives, and why government should invest money in them to implement precision farming technology for cooperatives. Imvundo does not offer technical training but will identify a service provider to provide the training for the Cooperatives. One of the service providers with whom they are partnering is another private company, Agritech, which provides Precision Farming Training, and its proposed interventions were highly technical and very irrelevant, for example precision farming, to ordinary farmers, some of whom have no education background.
This cooperative, which is located on a 28-hectare site, was started in 1992, as a community-based organisation with financial and other assistance from the South African Breweries (SAB) and the University of Kwazulu-Natal. The cooperative started with 25 members and it currently has 12 (8 youths and 4 adults). Infrastructure was funded by SAB and fencing was provided by the Provincial Department of Agriculture. Primary production is mainly vegetables, cash crops and chicken production. The cooperative's market is the local community and supermarkets like SPAR, Boxer and Pick 'n Pay.
During the Committee's visit, the newly tended garden looked as if it was done the previous day or that morning, for the benefit of the Committee. Most of the yard was unkempt with ready to harvest cabbages and lettuce that were almost buried in weeds and some spoiling from rain. Except for the office building, most of the infrastructure was run down (poultry structures) while some looked as if they were never used. There was a borehole that was non-functional as the provincial Department of Agriculture, Environmental Affairs and Rural Development did not provide required pipelines.
Dilapidated infrastructure due to a lack of maintenance.
Lack of financial and technical support.
Lack of access to markets.
The cooperative was initiated in 1989 on 17 hectares of land. When cooperative members (all women) started out, the area was highly infested with thorn trees (Acacia karoo) and there was no water or infrastructure present in the area. The members physically cleared the area to start the project and are currently farming, primarily maize and chickens. The cooperative farm looked very impressive with beautiful maize fields at various stages of growth and harvest, as well as expansive poultry structures. The cooperative has won various awards including being the overall winner of the provincial Female Farmer of the Year Award and a runner-up in the national Female Farmer of the Year award. One of the members of the cooperative is Mrs Ellen kaNkosi Shandu, the former Minister of Education in KZN and a former Member of Parliament.
Prior to the arrival at the site, the Parliamentary and Legislative Members were given a report that had a current date and read like the project exists. One gets to the last page to learn that the Cooperative had collapsed. The report was also not well put together and seemed like a last minute cut and paste job from reports of the past three to four years. The Members wanted to know what has been happening in the interim. The Chief Operations Officer (COO) of the provincial Department, Mr C Boldogh, apologised on behalf of the Department for the misleading report which he was not aware of, as in his office, he had a recent detailed report including some previous audit reports. He promised to avail all the documents to Members.
Phezukomkhono Cooperative, which has since collapsed, was located on a 257 hectare farm. The farm, which formerly produced sugarcane, was repossessed by the Land Bank and was bought by the Department of Land Affairs for 88 (all women, except 2) members of the Phezukomkhono Cooperative through the Proactive Land Acquisition Strategy (PLAS). It used to be a model for mixed farming, producing various vegetables, including paprika and mushrooms, poultry, and fish farming (aquaculture). To date, there is not even a structure or fencing on the farm but ruins of what used to be aquaculture and broiler structures.
Different government departments and public enterprises invested financial, infrastructural and technical support to the Cooperative. These included the Departments of Agriculture and Environmental Affairs, Land Affairs; Economic Development; Local Government and Trade and Industry; Small Enterprise Development Agency (SEDA) and Eskom. It estimated that more than R40 million was invested in the now collapsed Cooperative, including the farm's purchase price of approximately R700 000. The provincial Department of Agriculture, Environmental Affairs and Rural Development acknowledged that no activity has taken place on the farm since 2005, and the land is still 'owned' by the Cooperative members. The provincial Department reported that it is still busy with one of the many audits that have been done on the Cooperative since 2006, and reported to be struggling to get hold of Cooperative members and required information from some of the stakeholders and investors.
That the Department that is responsible for the provision of services and support to the Cooperative does not know the whereabouts of Cooperative members. Although the farm has been abandoned, the initial members of the Cooperative are still liable for the mortgage and all levies and payments on the land and it should not be difficult to trace their whereabouts.
That it took so long for the Provincial Department of Agriculture, Environmental Affairs and Rural Development to pick up that there were problems within the cooperative.
Given the extent to which the cooperative was supported and the financial resources that went into it, particularly in respect of infrastructure, it is a concern that no audit on funds allocated to the project, exists.
The Department should make available to the Committee all documentation about Phezukomkhono Cooperative, including details of all stakeholders, partners and government officials who were responsible for the Cooperative.
The Department needs to finalise the audit of the Cooperative as soon as possible, and come up with a recovery plan to rectify the situation. The government cannot afford to waste resources on failing projects while they should be promoting food security.
The Committee advised the Department that they should desist from allocating one project to large cooperatives and groupings of people as under such circumstances, conflict is inevitable.
The Sikhululelike Agricultural Cooperative is an emerging farmer cooperative affiliated to the National African Farmers Union (NAFU). The Cooperative has 5 hectares that it has acquired from the local Mzimela Tribal Council. The Cooperative has no project in place, but its members plan to farm with vegetables and poultry to supply their local Pick n Pay and a large supplier to hospitals and prisons. However, for project implementation, the Cooperative currently faces serious funding constraints for infrastructure, including fencing and poultry structures and equipment, starter chicks, land preparation and production inputs. So far, the Cooperative has not been able to receive assistance from the provincial Department of Agriculture, Environmental Affairs and Rural Development.
In an evening meeting at the Protea Hotel Edward, hosted by the KZN provincial Department of Agriculture, Environmental Affairs and Rural Development, the two Committees undertook a review of the day's oversight visits. The provincial Department's COO, Mr Boldogh informed the Committee that he has one of the reports on Phezukomkono that he will hand over to the Members, while the Department will collate the rest of the reports.
The key issue that the Committees agreed on was the poor state of the extension services. It is apparent from the projects visited that there is a lack of farmer and cooperative support form the provincial Department. It was mentioned that approximately 55 farms that were supported by the Land Bank have collapsed in the country. The KZN provincial Department of Agriculture, Environmental Affairs and Rural Development has to date, received 32 farms (mostly sugarcane) that form part of the collapsed land reform farms in the province. The provincial Standing Committee estimated that approximately R300 million in KZN alone has been wasted on failed cooperatives and land reform projects, and the Standing Committee has been struggling to obtain reports on these projects as they are administered by different government departments and entities.
The KZN provincial Department of Agriculture, Environmental Affairs and Rural Development needs to undertake an investigation into what took place at the Phezukomkhono Cooperative Farm and produce a comprehensive audit report to both Committees.
All available reports, documents and files on Phezukomkhono Cooperative should be sent to the Portfolio Committee on Agriculture, Forestry and Fisheries.
Both Committees require a report that details the provincial Department's future plans on reviving the Phezukomkhono Cooperative.
Furthermore, the provincial Department needs to provide the two Committees with a detailed report of other projects and cooperatives that have or are about to collapse in the Province. These reports should include details as to whether these projects are state owned or privately owned, their location, details of members, stakeholders or service providers, current status, etc.
The national Department of Agriculture, Forestry and Fisheries should provide the Portfolio Committee with a similar detailed status report on all projects (countrywide) that have collapsed and those in the state of near collapse.
The DDG from the national Department of Agriculture, Forestry and Fisheries, Ms Titi, needs to follow up with the provincial Department on all the resolutions that pertain to the province.
The Portfolio Committee on Agriculture, Forestry and Fisheries noted with concern the role of extension services, which negatively impacted service delivery in both the Eastern Cape and Kwazulu-Natal. The poor state of government-funded projects and collapsing cooperatives attest to the failure of the provincial Departments that are responsible for Agriculture and Rural Development to deliver on their mandate. With the exception of Qamata Irrigation Scheme in Cofimvaba, there was a serious lack of cooperative governance, as mandated by Chapter 3 of the Constitution, and project integration in both provinces. This has led to wastage of financial resources without any positive results on the ground. The Portfolio Committee also noted with concern the apparent lack of monitoring and evaluation of projects by the provincial Departments, and of provincial spending and delivery progress by the national Department of Agriculture, Forestry and Fisheries, which dispenses the funding. Ncera Farms (Pty) Ltd in the Eastern Cape and Phezukomkhono Cooperative in Kwazulu-Natal are classic cases of poor or lack of monitoring and evaluation in the Department.
The Department of Agriculture, Forestry and Fisheries and the Department of Rural Development and Land Reform should jointly present to Parliament (Portfolio Committee overseeing the two Departments) their respective roles in assisting resource poor farmers and land reform beneficiaries; promoting rural development and agrarian reform; ensuring the country's food security; as well as the role of the extension service in fulfilling this mandate.
The Portfolio Committee could ask the Office of the Auditor-General to undertake a study on the Ncera Farms (Pty) Ltd in the Eastern Cape and Phezukomkhono Cooperative in Kwazulu-Natal.
Sectional Titles Schemes Management Bill, 2010, submitted by the Minister of Human Settlements.
Referred to the Portfolio Committee on Human Settlements and the Select Committee on Public Services.
Community Schemes Ombud Service Bill, 2010, submitted by the Minister of Human Settlements.
Sectional Titles Schemes Management Bill [B 20 - 2010] (National Assembly - proposed sec 76) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33366 of 9 July 2010.
Introduction and referral to the Portfolio Committee on Human Settlements of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.
Community Schemes Ombud Service Bill [B 21 - 2010] (National Assembly - proposed sec 76) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33366 of 9 July 2010.
Report of the Commission for Gender Equality on the 54th Session of the Commission on the Status of Women in New York, 1 to 12 March 2010.
Report of the Commission for Gender Equality on South Africa's compliance with the Beijing Declaration and Platform for Action.
Magistrates' Courts Amendment Bill, 2010, submitted by the Minister of Justice and Constitutional Development.
A letter dated 29 June 2010 has been received from the chairperson of the Human Rights Commission, Adv M L Mushwana, on the appointment of the HRC's fifth full-time commissioner and the number of commissioners.
Referred to the Portfolio Committee on Justice and Constitutional Development for consideration.
A letter dated 22 July 2010 has been received from Ms Rosieda Shabodien, a part-time member of the Commission on Gender Equality, submitting in terms of section 3(8) of the Commission on Gender Equality Act (No 39 of 1996) three month's written notice to Parliament of her resignation from the commission with effect from 1 August 2010.
Referred to the Portfolio Committee on Women, Youth, Children and People with Disabilities for consideration.
Request from the Public Protector in terms of section 2(5) of the Public Protector Act (No 23 of 1994) for the National Assembly to review and redetermine the remuneration and other terms and conditions of employment of the Deputy Public Protector.
Referred to the Portfolio Committee on Justice and Constitutional Development for consideration and report.
Local Government: Municipal Systems Amendment Bill [B 22 - 2010] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33189 of 14 May 2010.
Introduction and referral to the Portfolio Committee on Cooperative Governance and Traditional Affairs of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.
Magistrates' Courts Amendment Bill [B 23 - 2010] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33362 of 6 July 2010.
Introduction and referral to the Portfolio Committee on Justice and Constitutional Development of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.
Higher Education Laws Amendment Bill [B 24 - 2010] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33393 of 19 July 2010.
Skills Development Levies Amendment Bill [B 25 - 2010] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33393 of 19 July 2010.
Higher Education and Training Laws Amendment Bill [B 26 - 2010] (National Assembly - proposed sec 76) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33393 of 19 July 2010.
Introduction and referral to the Portfolio Committee on Higher Education and Training of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.
Report and Financial Statements of the Public Service Sector Education Training Authority (PSETA) for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 83-2008].
Protocol amending the Convention between the Government of the Republic of South Africa and the Government of Ireland for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital gains, with protocol, tabled in terms of section 231(2) of the Constitution, 1996.
Explanatory Memorandum to the Protocol amending the double taxation Convention with protocol between the Government of the Republic of South Africa and the Government of Ireland.
Protocol amending the Convention between the Republic of South Africa and the Kingdom of Sweden for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, tabled in terms of section 231(2) of the Constitution, 1996.
Explanatory Memorandum to the Protocol amending the double taxation Convention between the Government of the Republic of South Africa and the Kingdom of Sweden.
Proclamation No R.27 published in Government Gazette No 33279 dated 8 June 2010: Referral of matters to existing Special Investigating Unit and Special Tribunal in terms of the Special Investigating Units and Special Tribunals Act , 1974 (Act No 74 of 1996).
Correction: The following two entries replaces items 2(b) and (c) published under Tablings in the name of the Minister of Finance in the Announcements, Tablings and Committee Reports of 16 July 2010, on page 2193.
Government Notice No 472 published in Government Gazette No 33241 dated 4 June 2010: Borrowing powers of water boards listed under Schedule 3 Part B of the Act, Public Finance Management Act, 2001 (Act No 1 of 1999).
Government Notice No 473 published in Government Gazette No 33241 dated 4 June 2010: Borrowing powers of water boards listed under Schedule 3 Part B of the Act, Public Finance Management Act, 2001 (Act No 1 of 1999).
The vacancy which occurred in the National Assembly owing to the resignation of Mr E Rasool with effect from 31 May 2010, had been filled with effect from 9 July 2010 by the nomination of Ms C C September.
The vacancy which occurred in the National Assembly owing to the resignation of Ms M M A Nyama with effect from 16 May 2010, had been filled with effect from 29 July 2010 by the nomination of Mr F T Maserumule.
The vacancy which occurred in the National Assembly owing to the resignation of Mr L N Mkhize with effect from 19 May 2010, had been filled with effect from 21 July 2010 by the nomination of Mr M A Cele.
The vacancy which occurred in the National Assembly owing to the resignation of Mr T J Bonhomme with effect from 19 May 2010, had been filled with effect from 21 July 2010 by the nomination of Mr E Magubane.
Government Notice No R.348 published in Government Gazette No 33152 dated 7 May 2010: Introduction of a compulsory specification for Compact Fluorescent Lamps (CFL's), in terms of the National Regulator Compulsory Specifications Act, 2008 (Act No 5 of 2008).
General Notice No 396 published in Government Gazette No 33197 dated 17 May 2010: Prohibition of the use of the Moses Mabhida Stadium and other stadiums intellectual property rights, in terms of the Merchandise Marks Act, 1941 (Act No 17 of 1941).
General Notice No 409 published in Government Gazette No 33203 dated 17 May 2010: Consumer Affairs Committee: Report on the investigation conducted by the committee: Report No. 125, in terms of the Consumer Affairs (Unfair Business Practices) Act, 1988 (Act No 71 of 1988).
Government Notice No 443 published in Government Gazette No 33211 dated 28 May 2010: Amendment: Compulsory Specification for Replacement Brake Lining Assemblies for Road Vehicles, in terms of the National Regulator Compulsory Specifications Act, 2008 (Act No 5 of 2008).
Government Notice No R.425 published in Government Gazette No 33217 dated 24 May 2010: 2010 Soccer World Cup Liquor Regulations, in terms of the Liquor Act, 2003 (Act No 59 of 2003).
Government Notice No 493 published in Government Gazette No 33259 dated 3 June 2010: Effective date of the Probity and Information Sharing Register, in terms of the National Gambling Act, 2004 (Act No 7 of 2004).
Government Notice No 494 published in Government Gazette No 33260 dated 3 June 2010: Effective date of the National Register of Gambling Devices and Machines, in terms of the National Gambling Act, 2004 (Act No 7 of 2004).
Government Notice No R.504 published in Government Gazette No 33265 dated 11 June 2010: Proposed introduction of a regulation for the environmental sustainability of buildings, in terms of the National Building Regulations and Building Standards Act, 1977 (Act No 103 of 1977).
General Notice No 612 published in Government Gazette No 33309 dated 25 June 2010: Proposed prohibition on the use of certain words together with an emblem, in terms of the Merchandise Marks Act, 1941 (Act No 17 of 1941).
General Notice No 613 published in Government Gazette No 33309 dated 25 June 2010: Proposed prohibition on the use of certain words together with an emblem, in terms of the Merchandise Marks Act, 1941 (Act No 17 of 1941).
Report and Financial Statements of Eskom Holdings Limited (Eskom) for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.
This serves to inform the National Assembly that I have extended the employment of One Thousand Two Hundred and Fifty Two (1252) members of the South African National Defence Force (SANDF), for service in fulfilment of the international obligations of the Republic of South Africa towards the United Nations (UN), for participation in the United Nations peace mission in the Democratic Republic of Congo.
This employment is authorised in accordance with the provisions of section 201(2)(c) of the Constitution of the Republic of South Africa, 1996.
Members of the SANDF were employed for service in fulfilment of the international responsibilities of the Republic of South Africa towards the UN in the UN peace keeping mission in the DRC. The employment of these members expired on 31 March 2010.
The SANDF's mission in the DRC is not yet completed. The employment of 1252 SANDF members is now extended from 01 April 2010 until 31 March 2011.
I will communicate this report to members of the National Council of Provinces and the Joint Standing Committee on Defence and wish to request that you bring the contents hereof to the attention of the National Assembly.
This serves to inform the National Assembly that I have extended the employment of Eleven (11) South African National Defence Force (SANDF) personnel to the Democratic Republic of Congo (DRC), for a service in fulfilment of the international obligations of the Republic of South Africa towards the DRC to assist with capacity building of the DRC Defence Force by providing a Specialist Advisory Team.
Members of the SANDF were employed to assist the DRC Defence Force with capacity building.
I will communicate this report to members of the National Council of Provinces and the Joint Standing Committee on Defence, and wish to request that you bring the contents hereof to the attention of the National Council of Provinces.
The Portfolio Committee on Agriculture, Forestry and Fisheries, having considered the request for approval by Parliament of the Agreement on Requirements for Wine Labelling of the World Wine Trade Group (WWTG), which was tabled in terms of section 231(2) of the Constitution, 1996, recommends that the National Assembly approve the said Agreement.
The Portfolio Committee on Agriculture, Forestry and Fisheries, having considered the request for approval by Parliament of the Agreement on Mutual Acceptance of Oenological Practices by the World Wine Trade Group (WWTG), which was tabled in terms of section 231(2) of the Constitution, 1996, recommends that the National Assembly approve the said Agreement.
Strategic Plan of the Competition Tribunal for 2010 - 2015 (Revised July 2010).
Strategic Plan of the International Trade Administration Commission of South Africa (ITAC) for 2010 - 2013.
Medium Term Strategic Plan for the Khula Enterprise Finance (Ltd) for 2011 - 2013 and Business Plan 2010 - 2011.
Three Year Strategic Plan of the South African Micro-Finance Apex Fund (SAMAF) for 2010 - 2013.
Deeds Registries Amendment Bill [B 13 - 2010] (National Assembly - sec 75).
Sectional Titles Amendment Bill [B 14 - 2010] (National Assembly - sec 75).
South African Citizenship Amendment Bill [B 17 - 2010] (National Assembly - sec 75).
Births and Deaths Registration Amendment Bill [B 18 - 2010] (National Assembly - sec 75).
Independent Police Investigative Directorate Bill [B 15 - 2010] (National Assembly - sec 76(1)).
Civilian Secretariat for Police Service Bill [B 16 - 2010] (National Assembly - sec 76(1)).
The following paper is referred to the Portfolio Committee on Labour for consideration and report.
Report and Financial Statements of the Public Service Sector Education Training Authority (PSETA) for 2008-09, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2008-09.
Government Notice No 582 published in Government Gazette 33285, dated 18 June 2010: Draft regulations in terms section 71A of the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000), published for public comment, on the participation of municipal staff members as candidates in national, provincial and local elections.
Agreement between the Government of the Republic of South Africa and the Government of the Republic of Uganda regarding Cooperation and Mutual Assistance between their Customs Administrations, tabled in terms of section 231(3) of the Constitution of the Republic of South Africa, 1996.
Explanatory Memorandum to the Agreement between the Government of the Republic of South Africa and the Government of the Republic of Uganda regarding Cooperation and Mutual Assistance between their Customs Administrations.
Government Notice No 560 published in Government Gazette No 33309, dated 25 June 2010: Exemption in terms of section 74 of the Financial Intelligence Centre Act, 2001 (Act No 38 of 2001).
Government Notice No 472 published in Government Gazette No 33241, dated 4 June 2010: Adjustment to borrowing powers of a water board listed under Schedule 3, Part B, of the Public Finance Management Act, 1999 (Act No 1 of 1999).
Government Notice No 473 published in Government Gazette No 33241, dated 4 June 2010: Adjustment to borrowing powers of a water board listed under Schedule 3, Part B, of the Public Finance Management Act, 1999 (Act No 1 of 1999).
Strategic Plan of the Small Enterprise Development Agency (SEDA) for 2010-11 to 2012-13.
Corporate Plan of the South African Bureau of Standards (SABS) for 2010-13.
Business Plan and Budget of the National Lotteries Board for 2010-11 to 2012.
Strategic Plan of the National Gambling Board (NGB) for 2010-13.
Strategic Plan of the National Metrology Institute of South Africa (NMISA) for 2010-13.
Strategic Plan of the National Credit Regulator (NCR) for 2010-11 to 2015.
Strategic Plan of the National Regulator for Compulsory Specifications (NRCS) for 2010-13.
Corporate Strategic Plan of the Estate Agency Affairs Board of South Africa for 2010-11 to 2012-13.
Strategic Plan of the National Consumer Tribunal for 2011-13.
Corporate Strategic Plan of the Export Credit Insurance Corporation of South Africa Limited for 2010-11 to 2012-13.
Strategic Plan of the South African National Accreditation System (SANAS) for 2010-11 to 2012-13.
Consolidated Strategic Plan of the National Empowerment Fund for 2010-11 to 2012-13 and Business Plan for 2010-11.
Report of the Auditor-General on an investigation into certain alleged procurement irregularities at the Department of Water Affairs [RP120-2010].
Proclamation No R.25 published in Government Gazette No 33254, dated 28 May 2010: Commencement of the Judicial Service Commission Amendment Act, 2008 (Act No 20 of 2008).
Proclamation No R.21 published in Government Gazette No 33190, dated 14 May 2010: Referral of matters to existing Special Investigating Unit and Special Tribunal in terms of section 2(1) of the Special Investigating Units and Special Tribunals Act, 1996 (Act No 74 of 1996).
Government Notice No 423 published in Government Gazette No 33208, dated 21 May 2010: Annexure of certain districts to other districts for the duration of the 2010 FIFA World Cup Tournament in terms of section 2(1)(e) of the Magistrates' Courts Act, 1944 (Act No 32 of 1944).
Government Notice No 424 published in Government Gazette No 33209, dated 21 May 2010: Determination of maximum amount of fine in terms of section 49(1)(b) of the Sheriffs Act, 1986 (Act No 90 of 1986).
Government Notice No 356 published in Government Gazette No 33164, dated 7 May 2010: Regulations on exhumation, reburial or symbolic burial of deceased victims in terms of section 27(2) of the Promotion of National Unity and Reconciliation Act, 1995 (Act No 34 of 1995).
Government Notice No R.198 published in Government Gazette No 33021, dated 19 March 2010: Notice in terms of section 31(1)(a) of the Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (Act No 70 of 2002), prescribing the forms of assistance for which postal service providers must be compensated.
Government Notice No R.250 published in Government Gazette No 33067, dated 31 March 2010: Regulations relating to children's courts and international child abduction in terms of section 280 of the Children's Act, 2005 (Act No 38 of 2005).
Government Notice No R.252 published in Government Gazette No 33067, dated 31 March 2010: Directives of the National Director of Public Prosecutions in terms of section 97(4) of the Child Justice Act, 2008 (Act No 75 of 2008).
Government Notice No R.273 published in Government Gazette No 33092, dated 1 April 2010: Determination of persons or category or class of persons competent to conduct the evaluation of the criminal capacity of a child and the allowances and remuneration of such persons in terms of section 97(3) of the Child Justice Act, 2008 (Act No 75 of 2008).
Report on the SA Human Rights Commission Investigation into Issues of Rule of Law, Justice and Impunity arising out of the 2008 Public Violence against Foreign Nationals.
Employment Equity Report of the Department of Home Affairs for 2008-09 in terms of section 22(2) of the Employment Equity Act, 1998 (Act No 55 of 1998).
Government Notice No R.251 published in Government Gazette No 33067, dated 31 March 2010: Regulations relating to child justice in terms of section 97 of the Child Justice Act, 2008 (Act No 75 of 2008).
Letter from the President of the Republic, dated 7 July 2010, to the Speaker of the National Assembly, informing members of the Assembly of the extension of the employment of the SA National Defence Force for service in fulfilment of the international obligations of the Republic of South Africa towards the Central African Republic.
Letter from the President of the Republic, dated 7 July 2010, to the Speaker of the National Assembly, informing members of the Assembly of the extension of the employment of the SA National Defence Force for service in fulfilment of the international obligations of the Republic of South Africa towards the Democratic Republic of Congo, viz to train the DRC Armed Forces' (FARDC) Rapid Reaction Force (RRF).
Report and Financial Statements of Transnet Limited for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.