Announcements, Tablings and Committee Reports ______

Monday, 24 May 2021]

No 67—2021] THIRD SESSION, SIXTH PARLIAMENT

PARLIAMENT

OF THE REPUBLIC OF SOUTH AFRICA

______ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS ______

MONDAY, 24 MAY 2021 ______

TABLE OF CONTENTS

ANNOUNCEMENTS

National Assembly and National Council of Provinces

1. Calling of Joint Sitting ...... 2

TABLINGS

National Assembly and National Council of Provinces

1. Speaker and Chairperson (PGIR Reports) ...... 2

COMMITTEE REPORTS

National Assembly

1. Human Settlements, Water and Sanitation ...... 122 2. Auditor-General ...... 143 2

National Council of Provinces

1. Petitions and Executive Undertakings ...... 145 2. Petitions and Executive Undertakings ...... 151

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1 Calling of Joint Sitting

CALLING OF JOINT SITTING OF PARLIAMENT

The Speaker of the National Assembly and the Chairperson of the National Council of Provinces, in terms of Joint Rule 7(2), have called a joint sitting of the Houses of Parliament for Friday, 28 May 2021 at 10:00 to conduct a debate on 25th Anniversary of the Constitution.

T R MODISE MP A N MASONDO MP SPEAKER OF THE CHAIRPERSON OF THE NATIONAL NATIONAL ASSEMBLY COUNCIL OF PROVINCES

TABLINGS

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

DELEGATION REPORTS ADOPTED BY THE PARLIAMENTARY GROUP ON INTERNATIONAL RELATIONS (PGIR) ON 14 MAY 2021.

(a) Report of the 140th IPU Assembly & related meetings, Doha, Qatar - 6-10 April 2019 3

REPORT OF THE 140TH INTER-PARLIAMENTARY UNION ASSEMBLY AND RELATED MEETINGS

Doha, Qatar

6 – 10 April 2019

Prepared by: The International Relations and Protocol Division

4 1. INTRODUCTION

The 140th Inter-Parliamentary Union (IPU) Assembly and Related Meetings were held in Doha, Qatar from 6 to 10 April 2019 under the theme “Parliaments as platforms to enhance education for peace, security and the rule of law”. This Assembly brought together around 160 countries and over 800 parliamentarians, of which only 30 per cent were women. This is the lowest percentage of women parliamentarians since 20151.

The following officials of the South African Parliament attended the Assembly as observers: Mr D. Sithole, IRPD Division Manager and Ms M. Monnakgotla, Policy Analyst: IRPD Policy Analysis Section.

2. DISCUSSION

The 140th IPU Assembly was preceded by the following meetings:

2.1. The Africa Geopolitical Group meeting

The African Geopolitical Group meeting took place on 5 April 2019 with a sole purpose of adopting a common position on some of the items on the agenda of the 140th Assembly. The meeting was chaired by Mr Jacob Mudenda, Speaker of the National Assembly of Zimbabwe and considered the following:

• The emergency item for the 140th Assembly: Members supported an emergency item on “Calls for urgent international action to support Mozambique, Malawi, and Zimbabwe [after] hit by Cyclone Idai” proposed by the national delegation of the Netherlands. During the SADC Group discussion on this item, Members were encouraged to mobilise other regions to support this item and the SADC PF Secretariat was requested to prepare a summary report on the assistance that these countries have received thus far to assist with the lobbying efforts. This meeting also recommended the establishment of the IPU SADC Team that will visit the affected areas to assess the damage (i.e. infrastructure) and report to the Caucus. • Report of the representatives of the African Group in the IPU Executive: The following key issues emerged from the report delivered by Ms. Oliveira Valente, MP (Angola): o Hosting of the 141st and 142nd IPU Assemblies: The Republic of Serbia will host the 141st Assembly in Belgrade from 13 – 17 October 2019. This will be second time that Belgrade will host the IPU Assembly. The 142nd Assembly will be held in Geneva, Switzerland, from 15 – 19 April 2020. Rwanda has expressed an interest in hosting the 143rd IPU Assembly and Kenya the 144th IPU Assembly. The IPU has responded positively to Rwanda’s request for financial assistance to host the 143rd Assembly. o Celebration of the 130th Anniversary of the IPU: This year (2019) marks the 130th anniversary of the IPU and to commemorate this landmark anniversary, member States will be requested to contribute to a publication related to the history of the IPU and terms of reference for this publication will be availed to members in due course. Also, member States are encouraged to organise a special event in their respective parliaments to commemorate the 130th Anniversary. The IPU’s main event to commemorate this anniversary would be held on 30 June 2019 but other events would be held throughout the year. o IPU membership: The Executive Council will be invited to examine the request for affiliation submitted by the Parliament of the St Vincent and Grenadines. • Preparations for the Fifth World Conference of Speakers of Parliament2 in 2020: Australia and Kenya have expressed an interest in hosting the Conference and both have UN offices on their

1 Of the 147 delegations present at the 140th Assembly, 16 were exclusively composed of men and this contributed to the low percentage of women MPs. It is also worth noting that the four countries (Saudi Arabia, UAE, Bahrain and Egypt) that imposed the blockade on Qatar did not attend the Assembly. 2 It should be noted that the African Group appointed Speakers of Algeria, Namibia, Niger, Uganda, and Chad to participate in the Preparatory Committee for the Speakers Conference in 2020. Page | 1

5 territories. The exact date of the Conference will be decided in consultation with the host country and the UN. The Conference will allow the Speakers to, amongst others, address issues relating to the progress made in attaining the Sustainable Development Goals and other pressing issues such as climate change, growing inequality, women’s and youth empowerment, erosion of trust in politicians and public institutions (the need to restore trust in parliaments through measures such as fighting corruption). The Conference is also likely to examine the role of the IPU as a convener, mobiliser, coordinator and expression of the voice of parliaments at the UN. • IPU President, Ms Gabriela Cuevas address to the SADC Group meeting: In her opening remarks, she thanked the region for supporting her presidency and amongst others, announced that she will embarking on an African tour during summer. And, since she is personally funding this tour, she will start first with regional tours that will be followed by individual country tours and she asked the region’s President, Mr Mudenda to advise on African countries that are better connected for easier movement. She also announced new projects that the IPU has introduced: (1) The Speaker’s Dialogue to, amongst others, strengthen the role of Presiding Officers in the IPU as well as to promote sharing of experience and ideas; (2) More workshops during Assemblies on issues such as gender, health, and environment (3) Leadership Seminar – capacity program mainly for young MPs particularly women and the first seminar will be held in Mexico and the exact date of the seminar will be communicated to member States and the African Group was requested to identify best African universities that will be interested in hosting future seminars with the IPU; and (4) the Executive Committee is considering the establishment of the IPU Advisory Group on Economics that will mainly focus on finding solutions to the unemployment rate, salary inequalities, and sluggish economic growth. The Africa countries were encouraged to be highly involved in the activities of this Group. She also announced that Ms Mensa Williams, MP (Namibia) became the first non-European to Co-Chair the Parliamentary Conference on the WTO and asked African countries to support Ms Williams in her new role.

It should be noted that the SADC Caucus meeting was also on 5 April 2019 and the views of the Caucus were in sync with those of the African Caucus. The National Speaker of Namibia, Mr Peter Katjavivi, MP recommended that members should be provided with a written report of the IPU’s financial situation so that members can follow what was being presented.

2.2. The 29th Session of the Forum of Women Parliamentarians The 29th Session of the Forum of Women Parliamentarians took place on 6 April 2019 and brought together 181 parliamentarians from 71 countries. Among them there were 133 women and 48 men. The Forum, amongst others, considered the following:

• Contribution to the draft resolutions of the 140th Assembly: In order to contribute to the resolutions before the Standing Committee on Peace and International Security entitled “Non- admissibility of using mercenaries as a means of undermining peace and violating human rights”, and the Standing Committee on Sustainable Development, Finance and Trade entitled “The role of fair and free and investment in achieving the SDGs, especially regarding economic equality, sustainable infrastructure, industrialization and innovation” from a gender perspective, the debate was conducted in two groups, each discussed one of the draft resolutions:

o Group 1: This group was chaired by Ms. S. Ataullajhan (Canada) and Ms M. Drame (Mali) was a rapporteur and considered draft resolution on “Non-admissibility of using mercenaries as a means of undermining peace and violating human rights”. The group, amongst others, emphasised education and employment of young men and women as a means of protecting them marginalization and the danger of them being recruited acts that undermined peace and security. It also called for peace efforts to take into account the specific needs of women and

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6 girls and stressed in particular the importance of women’s participation as negotiators and the contribution of women and girls in local communities. o Group 2: This group was chaired by Ms J. Gakuba (Rwanda) and Ms A. Tolley (New Zealand) was a rapporteur and considered draft resolution on “The role of fair and free and investment in achieving the SDGs, especially regarding economic equality, sustainable infrastructure, industrialization and innovation”. The group, amongst others, recommended support to women-run business, including in the start-up and technology sector as well as capacity building opportunities to build their technical skills. Also, emphasised the importance of women’s access to decision-making in parliaments and in leadership positions in all sectors, so that they would not only be involved in social issues, but also in finance, trade, technology and other related sectors.

The proposed amendments of both groups were included in text of the two draft resolutions.

• Panel discussion on Equality at work – The Forum also held a panel discussion on equality at work and was chaired by Ms F. Khan, Gender Specialist of the IOL based in Beirut, Mr R Uttamchandali, President of H.E.R Academy, Ms A. Sigutbjornsdottir, MP (Ireland), and Ms. K Dharmaraj, Executive Director of the Center for Women’s Global Leadership. In the course of the discussion, participants, amongst others, were unanimous in saying that it was crucial to promote girls’ education and to sensitise society at large so as to challenge gender stereotype and ensure women access all sectors of the economy and managerial positions. Countries need to take positive measures to promote women-run businesses, pay equity, and quotas on boards of companies and in government. Also, parliaments must lead by example, by fostering a conducive working environment that is gender- sensitive and ensure women occupy leadership positions within the Institution.

2.3. Forum of Young Parliamentarians The Forum of Young Parliamentarians meeting was held on 7 April 2019 and was chaired by Ms M. Osoru, MP (Uganda), President of the Forum. The meeting considered the following:

• Country updates on youth participation: The Forum discussed recent developments in global and national youth participation. The discussions were informed by the findings of the IPU report on Youth participation in national parliaments 2018, which revealed that only 2.2 per cent of parliamentarians are younger than 30, a small increase compared to 1.9 per cent 2016. The report also found that over 30 per cent of the world’s single or lower chambers of parliament have no MPs under 30 and the number of MPs under 45 increased from 26 per cent in 2016 to 28 per cent 2018. Amongst others, it was recommended that countries adopt quotas for young people and to align voter age with the age of eligibility for office. Also, parliaments were encouraged to create youth caucuses/or committees. • Contribution to the work of the 140th Assembly: The Forum exchanged views from a youth perspective on the theme of the General Debate “Parliaments as platforms to enhance education for peace, security and the rule of law”. Amongst others, it was recommended that governments ensure that their respective curricula train young people, particularly girls and young women for future jobs by emphasizing science, technology, engineering and mathematics. Also, parliaments must ensure that schools prioritise training in digital literacy and that textbooks teach diversity and cooperation.

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7 3. AN OVERVIEW OF THE 140th ASSEMBLY AND RELATED MEETINGS

The following were considered during the 140th Assembly and related meetings:

3.1. Meetings of the Standing Committees

3.1.1. Standing Committee on Peace and International Security

The Committee meeting was held on the 7 and 8 April 2019 and was chaired by Mr J. Echaniz, MP (Spain), President of the Committee. The Committee:

• Adopted Resolution on Non-admissibility of using mercenaries as a means of undermining peace and violating human rights. The Resolution, amongst others, expresses grave concern at the scores of human rights violations perpetrated by mercenaries and foreign fighters against civilian populations, particularly women and children. It sets out a framework for parliaments to take legislative measures to prevent the recruitment, financing, or transit of mercenaries or foreign fighters. • Approved item for debate on the next resolution of the Committee “Parliamentary strategies to strengthen peace and security against threats and conflicts resulting from climate-related disasters and their consequences”. During the 141st Assembly, the Committee will hold a preparatory debate on this item, which will assist the Rapporteurs in drafting the resolution, which will be adopted by the 142nd Assembly. Two Co-Rapporteurs were appointed, Ms C. Roth (Germany) and another to be designated in due course.

3.1.2. Standing Committee on Sustainable Development, Finance and Trade

The Committee meeting was held on 7 and 8 April 2019 and was chaired by Ms M. Tsitsi, MP (Zimbabwe), President of the Committee. The Committee:

• Adopted Resolution on the role of fair and free and investment in achieving the SDGs, especially regarding economic equality, sustainable infrastructure, industrialization and innovation. The Resolution, amongst others, reaffirms the vital importance of a rules-based multilateral approach to trade and investment to deliver fair development outcomes, especially as outlined in the broad goals and specific targets contained within the Sustainable Development Global framework. Also, encourages parliaments to ensure that AID for Trade funding is provided and applied to support genuine economic development and trade in developing countries. • Approved item for debate on the next resolution of the Committee “Mainstreaming digitization and the circular economy to achieve the SDGs, particularly responsible consumption and production”. During the 141st Assembly, the Committee will hold a preparatory debate on this item, which will assist the Rapporteurs in drafting the resolution, which will be adopted by the 142nd Assembly. Three Co- Rapporteurs were appointed, Ms S Dinica (Romania), Mr A. Gryffroy (Belgium) and a member from Kenya.

3.1.3. Standing Committee on Democracy and Human Rights

The Committee meeting was held on 8 and 9 April 2019 and the meeting was chaired by Mr R. Ossele Ndory, MP (Gabon), President of the Committee. The Committee:

• Debated the IPU’s previous resolutions on (1) Democracy in the digital era and the threat to privacy and individual freedoms (2015); (2) The use of media, including social media, to enhance citizen engagement and democracy (2013); and (3) Freedom of expression and the right to information (2009). During discussion, participants stressed that the circulation of fake news via different social

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8 media platforms has become one of the main challenges facing the exercise of liberties. At the same time, it was acknowledged that the usage of social media platforms has spurred collective movements, which in turn led to the growth of democracy in majority of countries, particularly in the Middle East. In this regard, countries were encouraged to prioritise access to information including through legislation. Also, to strengthen relations with the multinational companies that own social media “platforms as a way of addressing “circulation of fake news”. Challenges posed by the circulation of fake news require a multifaceted approach as legislation alone is not enough. MPs were also encouraged to rely less on social media and rather use more focused traditional means to truly connect with the electorates. In the UK, there are plans to tackle platforms that publish harmful contents by, amongst others, by completely blocking them or imposing hefty fine. The UK government has dedicated resources such as “fact checkers” to deal with malicious contents spread by these sites. • Debated Achieving universal health coverage (UHC) by 2030: the role of parliaments in ensuring the right to health” and this debate informs the drafting of the resolution, which will be adopted by the 141st Assembly in October 2019. During the debate, participants unanimous agreed that every country must have a framework for the provision of UHC. Also, countries were encouraged to strengthen their respective health system to ensure women and children have proper health coverage. Furthermore, unilateral decisions by some countries have made it difficult for countries to provide UHC to citizens.

3.1.4. Standing Committee on United Nations Affairs

The Committee meeting was held on 9 April 2019 and the meeting was chaired by Mr J. Romero (Argentina). The Committee debated the following:

• Parliamentary follow-up on the SDGs in preparation for the 2019 session of the UN High-Level Political Forum on Sustainable Development in July 2019 as well as the theme of the July 2019 session “Empowering people and ensuring inclusiveness and equality” In the course of the discussion, participants, amongst others, stressed the importance of IPU member States sending a parliamentary delegation to attend the July 2019 session. They also emphasised the importance of Climate Change and called for more focus on emission measurement. And, also called for the need to revive relevant UN resolutions related to empowerment of women and sustainable development.

3.2. The 204th Session of the Governing Council

The 204th Session of the Governing Council was held on 7 and 10 April 2019 and considered, amongst others, the interim report on the activities of the Secretary-General; report of the IPU President; financial situation of the IPU; questions relating to the IPU membership and observer status; activities of committees; and IPU’s future meetings. The following key issues emerged from this Session:

• Futures IPU meetings: The Governing Council approved that the Republic of Serbia will host the 141st Assembly in Belgrade from 13 – 17 October 2019. The 142nd Assembly will be held in Geneva, Switzerland, from 15 – 19 April 2020. • Questions relating to IPU membership and observer status – Achieving universal membership: In order to increase the membership of the IPU, Saint Vincent and the Grenadines was approved as the 179th member and this brings the IPU one step closer to its universal membership goal.

3.3. The 139th IPU Assembly: General debate and adoption of an emergency item

• General debate on the theme of the Assembly: The IPU President opened the general debate on the theme “Parliaments as platforms to enhance education for peace, security and the rule of law”. Amongst others, noted that “The IPU is celebrating its 130th anniversary which in itself is proof of

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9 continuity and the important role of the global organization of parliaments. It also puts a heavy responsibility on us as parliamentarians to seek effective and sustainable solutions to ensure a peaceful and inclusive future. Access for all to quality education is vital to fight xenophobia, extremism and ensure viable democracies that work for all the people”

On this debate, the President of the Forum of Young Parliamentarians, Ms Osoru (Uganda), amongst others, noted that education must leave no one behind and this includes girls and disabled people, as well as victims of conflict. In this light, she called upon all MPs to adopt legislation and to allocate funding for free and compulsory education for all. This must extend to universities and trade schools.

The general debate ended with the adoption of the Doha Declaration on Parliaments as platforms to enhance education for peace, security and the rule of law” and parliamentarians committed themselves to, amongst others, (1) adopt national legislation that guarantees education as a universal right delivered through accessible and inclusive public and private services; (2) increase the availability of qualified teachers, including through international cooperation, especially among vulnerable or disadvantaged communities; and (3) Eliminate gender disparities and facilitate equal access to vocational training for women, girls, men, boys and vulnerable sectors of the population.

• Adoption of an emergency item: The Assembly adopted an emergency item entitled “Call for urgent international action to support Mozambique, Malawi and Zimbabwe after hit by Cyclone Idai” proposed by the national delegation of the Netherlands. Parliamentarians voted overwhelmingly (1, 011 votes) for this item. The emergency resolution, amongst others, calls on all parliaments to urge their respective government that have not already done so to support the UN flash appeals for the three countries. And, specifically asks the United Nations to focus on the most vulnerable people stranded without clean water or food, especially women, children, and the elderly. Also, urges countries to take more action on climate change to meet the goals of the Paris Agreement by investing in climate- resilient programmes for the most vulnerable and supporting affected countries in developing resilience mechanisms and disaster risk reduction.

4. Meeting with the South African Embassy in Doha, Qatar

As per the practice during the IPU Assemblies, the South African Parliament’s officials Mr M. Xaso. Mr D. Sithole and Ms. M. Monnakgotla were invited to a meeting with the South African Ambassador to Doha, Mr Faizel Moosa and Political Counsellor (DIRCO), Ms Sybil Matlhako on 5 April 2019 at the Shangri-La Hotel (Doha). The Ambassador provided a brief summation of the relationship between South Africa and Qatar and also, noted that the current maritime, land and air blockade on Qatar by Egypt, Bahrain. UAE and Saudi Arabia provided ample opportunity for the South African companies to expand cooperation with Qatar in the field of fresh and processed food as well as manufacturing. Ambassador also requested the South African Parliament, through the NA and NCOP Presiding Officers to engage the Department of Home Affairs to accelerate the implementation of the South African decision to waive visa for the Qatari people as the Government of Qatari has already implemented visa waiver for the South Africans. According to the Ambassador, the delay in the implementation has led to lost opportunities in the areas of tourism and general investment in South Africa.

5. RECOMMENDATIONS

The following recommendations emanating from the 140th Assembly’s discussions are presented to the South African Parliament for noting and action:

• Parliament’s contribution to the 130th IPU Anniversary: In commemoration of the 130th IPU Anniversary, Parliament will be requested to contribute to a publication related to the history of the Page | 6

10 IPU and terms of reference for this publication will be forwarded in due course. Also, Parliament is encouraged to organise a special event to commemorate the 130th Anniversary. • Exploration of the IPU’s training opportunities for MPs: Parliament should explore training opportunities provided by the IPU to parliamentarians and parliaments. The 2019 Report of the Executive Council highlighted that the IPU made 46 visits to 24 countries with the aim of, amongst others, (1) implementing training programs for MPs and parliamentary staff; (2) holding seminars on leadership; and (3) workshops as well as seminars on the implementation of treaties. Also, during the 27th Session of the Forum of Women Parliamentarians, the IPU President stated that the parliaments of Namibia, Georgia, United Kingdom, and Fiji with the support and assistance of the IPU were able to evaluate how gender sensitive they are. Also, the IPU has in numerous occasions stated that it is ready to assist parliaments in mainstreaming SDGs in their respective work and activities. This untapped source provides an opportunity for the Sixth Parliament to enhance MPs knowledge and proficiencies. In this regard, the IRPD should contact the IPU for information on all the training opportunities available to parliaments. • Reminder that Parliament will be submitting a report on the implementation of IPU resolutions and decisions in 2021: During the general debate in March 2018, Hon. Mbete noted that the South African Parliament looked forward to report to the IPU in 2021 on its implementation of IPU resolutions and the impact made in South Africa. It is recommended that Parliament, through the IRPD, the PGIR House Chairpersons, the House Chairperson on Committees and Chairpersons of Committees should meet to discuss the measures that would need to be put in place in preparation for this report. In this regard, IRPD should prepare an advisory note with solid recommendations to inform discussions. • Reminder that a young South African parliamentarian under the age of 45, who is part of the national delegation to the IPU Assembly may address the General Debate, for a maximum of 2 minutes. END

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SUMMARY OF THE 140TH INTER-PARLIAMENTARY UNION ASSEMBLY AND RELATED MEETINGS

1. INTRODUCTION

Due to the 2019 National Election and Provincial Elections, the following officials of the South African Parliament attended the Assembly as observers: Mr. D. Sithole, IRPD Division Manager, and Ms. M. Monnakgotla, Policy Analyst: IRPD Policy Analysis Section.

2. DECISIONS AND BUSINESS OF THE 140TH ASSEMBLY AND RELATED MEETINGS

The 140TH Assembly and related meetings considered the following:

2.1. Standing Committee on Peace and International Security

The Committee meeting was held on the 7 and 8 April 2019 and was chaired by Mr. J. Echaniz, MP (Spain), President of the Committee. The Committee:

2.2. Standing Committee on Sustainable Development, Finance, and Trade

The Committee meeting was held on 7 and 8 April 2019 and was chaired by Ms. M. Tsitsi, MP (Zimbabwe), President of the Committee. The Committee:

2.3. Standing Committee on Democracy and Human Rights

The Committee meeting was held on 8 and 9 April 2019 and the meeting was chaired by Mr. R. Ossele Ndory, MP (Gabon), President of the Committee. The Committee:

• Debated Achieving universal health coverage (UHC) by 2030: the role of parliaments in ensuring the right to health” and this debate informs the drafting of the resolution, which will be adopted by the 141st Assembly in October 2019. During the debate, participants unanimously agreed that every country must have a framework for the provision of UHC. Also, countries were encouraged to strengthen their respective health system to ensure women and children have proper health coverage. Furthermore, unilateral decisions by some countries have made it difficult for countries to provide UHC to citizens.

2.4. Standing Committee on United Nations Affairs

The Committee meeting was held on 9 April 2019 and the meeting was chaired by Mr. J. Romero (Argentina). The Committee debated the following:

2.5. The 140th IPU Assembly: General debate and adoption of an emergency item

The 140th Assembly adopted the following emergency item:

• Adoption of an emergency item: The Assembly adopted an emergency item entitled “Call for urgent international action to support Mozambique, Malawi, and Zimbabwe after hit by Cyclone Idai” proposed by the national delegation of the Netherlands. Parliamentarians voted overwhelmingly (1, 011 votes) for this item. The emergency resolution, amongst others, calls on all parliaments to urge their respective government that have not already done so to support the UN flash appeals for the three countries. And, specifically asks the United Nations to focus on the most vulnerable people stranded without clean water or food, especially women, children, and the elderly. Also, urges countries to take more action on climate change to meet the goals of the Paris Agreement by investing in climate-resilient programmes for the most vulnerable and supporting affected countries in developing resilience mechanisms and disaster risk reduction.

3. RECOMMENDATIONS

The following recommendations emanating from the 140th Assembly’s discussions are presented to the South African Parliament for noting and action:

• Exploration of the IPU’s training opportunities for MPs: Parliament should explore training opportunities provided by the IPU to parliamentarians and parliaments. The 2019 Report of the Executive Council highlighted that the IPU made 46 visits to 24 countries with the aim of,

amongst others, (1) implementing training programs for MPs and parliamentary staff; (2) holding seminars on leadership; and (3) workshops as well as seminars on the implementation of treaties. Also, during the 27th Session of the Forum of Women Parliamentarians, the IPU President stated that the parliaments of Namibia, Georgia, the United Kingdom, and Fiji with the support and assistance of the IPU were able to evaluate how gender-sensitive they are. Also, the IPU has on numerous occasions stated that it is ready to assist parliaments in mainstreaming SDGs in their respective work and activities. This untapped source provides an opportunity for the Sixth Parliament to enhance MPs knowledge and proficiencies. In this regard, the IRPD should contact the IPU for information on all the training opportunities available to parliaments. • Reminder that Parliament will be submitting a report on the implementation of IPU resolutions and decisions in 2021: During the general debate in March 2018, Hon. Mbete noted that the South African Parliament looked forward to reporting to the IPU in 2021 on its implementation of IPU resolutions and the impact made in South Africa. It is recommended that Parliament, through the IRPD, the PGIR House Chairpersons, the House Chairperson on Committees, and Chairpersons of Committees should meet to discuss the measures that would need to be put in place in preparation for this report. In this regard, IRPD should prepare an advisory note with solid recommendations to inform discussions. • Reminder that a young South African parliamentarian under the age of 45, who is part of the national delegation to the IPU Assembly may address the General Debate, for a maximum of 2 minutes.

END

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(b) Report of the SADC-PF 45th Assembly Forum, Mozambique - 15-26 July 2019

REPORT OF THE 45TH PLENARY ASSEMBLY OF THE SADC PARLIAMENTARY FORUM

15 – 26 JULY 2019

MAPUTO, MOZAMBIQUE

1. INTRODUCTION

The 45th SADC Parliamentary Forum (SADC-PF) Plenary Assembly was held in Maputo, Mozambique, from 15 to 25 July 2019, under the theme Climate Change, Mitigation and Adaptation – The Role of Parliaments Towards Implementing the Paris Declaration and the Katowice Roadmap. The South African Parliament was represented by two officials from the International Relations and Protocol Division (IRPD):

• Ms N. Sonjica: Section Manager – Bilateral and Multilateral Relations • Dr N. Leibrandt-Loxton: Researcher

2. SYMPOSIUM ON THE THEME: Climate Change, Mitigation and Adaptation – The Role of Parliaments Towards Implementing the Paris Declaration and the Katowice Roadmap

The Symposium was held on 21 July 2019 and comprised the following presentations:

• The Impact of Climate Change with regard to Cyclones: The experience of Mozambique – by Dr Augusta Maita, Director of the Institute for Disaster Management (INGC) • Representatives from communities affected by Cyclone Idai • The effects of climate change on Zimbabwe and Malawi • The impact of drought as a result of climate change (overview from Namibia and other countries) • The negative effects of plastics on the environment (overview from Seychelles, Tanzania, and other countries) • SADC Secretariat (Ms Sibongile Mavimbela, Senior Programme Officer – Environment and Climate Change)

Some of the key inputs from the floor included the following:

• The appreciation by the affected countries to others in the Region for the assistance they had provided; • For the SADC-PF to ensure that national parliaments ratify the Paris Agreement and domesticate it accordingly; • For national parliaments to urge their governments to adopt the Katowice Roadmap to strengthen their reporting on actions taken on climate change; • The need for parliaments to capacitate themselves in drafting good climate policies to assist in the execution of their mandate; • For local communities to be educated on climate change for them to understand the implications and adapt accordingly; and • The need for a common regional action plan that can be domesticated according to each country’s need as climate change affect each country in the region differently.

3. THE PLENARY ASSEMBLY

3.1 Motions on the Amendment of the SADC-PF Constitution and Adoption of EXCO, Standing Committees, and RWPC Reports

3.1.1 Motion to amend the SADC-PF Constitution, Articles 1 and 10, and by Inserting new Article 16A, and to amend the SADC-PF Rules of Procedure by Inserting new Chapter VIA. Mover: Hon. Speaker J. Mudenda, Chairperson of the Legal Sub-Committee

This motion recalled the Resolution of the 44th Plenary Assembly that the SADC-PF Constitution and Rules of Procedure should be amended to establish a Committee of Clerks of Member Parliaments (CCMP) to provide administrative advice to the Executive Committee (EXCO) and the Secretariat. Other functions of the CCMP will include deliberating on issues which promote the implementation of Forum projects, such as monitoring and evaluation frameworks, strategic plans and capacity building of staff of member parliaments, as well as sharing experiences relating to parliamentary processes of interest to Member Parliaments of the Region. The motion was agreed to.

3.1.2 EXCO Reports

3.1.2.1 EXCO Special Report on the Recruitment of the Secretary-General of the SADC-PF in line with Article 13(2) of the SADC-PF Constitution

The Plenary Assembly was invited to note that nominations for the Secretary-General position were received from 8 out of the 12 eligible countries, namely Angola, Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, and Seychelles. The Parliaments of the Democratic Republic of Congo (DRC), Mauritius, South Africa and Tanzania did not submit nominations and, in the spirit of rotation, the Parliaments of Zambia and Zimbabwe were not eligible to apply. The following candidates were interviewed:

NAME SEX NATIONALITY AVERAGE SCORE 1. Ms Boemo Sekgoma F Botswana 76.25 2. Mr Sofonea Shale M Lesotho 56.38 3. Mr Jarvis Matiya M Malawi 59.75

The EXCO recommended that the position be offered to Ms Sekgoma due to her (a) possessing the requisite qualifications and experience, (b) her experience of working at the Forum since 2005 in various capacities, and (c) her acting in the position for almost one year, which makes familiar with the dynamics associated with the Forum’s transformation.

The EXCO also recommended that the Contract of Service for the position should be for the period 1 August 2019 to 31 July 2024, renewable only once for a period of 5 years, subject to satisfactory performance and approval by the EXCO. Due to Ms Sekgoma’s acting in the position from 1 June 2018, the EXCO recommended that the probationary period be waived.

The Report was agreed to with consensus.

3.1.2.2 JOINT Report of the EXCO meetings held from 10 to 12 May 2019 in Windhoek, Namibia, and from 18 to 19 July 2019 in Maputo, Mozambique during the 45th Plenary Assembly

The EXCO Report resolved on the following matters:

• Amendments to the Administrative Rules and Regulations of the Forum on Miscellaneous Matters: In line with the Resolution of the 44th Plenary Assembly on the need to rationalise payments to staff in respect of education and other allowances, the EXCO considered and endorsed a Position Paper on proposed amendments to the Administrative Rules and Regulations. • Consideration of the Guidelines to strengthen the accountability and oversight of the Office of the Secretary-General: The EXCO had tasked the Secretariat to develop guidelines aimed at enhancing the accountability and oversight of the office of the Secretary-General in view of the issues which had resulted in the separation agreement with the previous Secretary- General. The draft Guidelines were accordingly developed and approved by EXCO. • Update on the invitation tendered to the Parliament of The Union of Comoros and Madagascar to the join the SADC-PF: The EXCO reported that both Parliaments have yet to respond to written invitations by the Forum for them to join. The EXCO granted the Parliament of Seychelles the mandate to approach the parliaments with a view to eliciting a concrete response from the invitation and expressed its gratitude to Seychelles for its efforts. • Update on the transformation of the Forum into a SADC Regional Parliament: The EXCO conveyed its gratitude to the President of the Forum, Hon Speaker veronica Nataniel Macamo Dlhovo, for meeting the incoming SADC Chairperson, the President of the United Republic of Tanzania, His Excellency President John Magufuli, to elicit his support on the transformation agenda. The SADC-PF President also responded to concerns raised by President Magufuli related to the Forum’s dependence on donors and the sovereignty of a SADC Regional Parliament. Hon. Dlhovo clarified that, although donor funding was needed given the Forum’s well-documented resource constraints, the Forum would not allow donors to dictate its agenda. Additionally, as regards the Forum’s sovereignty, Hon. Speaker Dlhovo also clarified that the Regional Parliament would be guided by the SADC Summit in its mandate and would seek to rather complement than contradict the ideals of the Summit. President Magufuli consequently pledged his support to the Forum’s transformation agenda and commended its decision to approach the issue form a conciliatory instead of confrontational stance.

The EXCO further noted the progress made by the SADC Double Troika (comprising selected Member States, namely South Africa, Zimbabwe, Namibia, Angola, Tanzania, and Zambia), and the SADC and SADC-PF Secretariats to undertake an in-depth review of the proposal to transform the SADC-PF into a SADC Regional Parliament. It further recommended to the Plenary Assembly that:

o The SADC-PF President and the lobbying team (of which the Speaker of the National Assembly forms part) must urgently meet with the outgoing SADC Chairperson, His Excellency President Hage Geingob (from Namibia), before the onset of the 39th SADC Summit to elicit a reaffirmation of his support and encourage him to mobilise support for the transformation among other Heads of State; o The lobbying team must identify and approach other potential champions prior to the 39th SADC Summit to assist in eliciting a concrete decision by the Summit on the transformation agenda, including but not limited to, the Presidents of Angola,

Mozambique, South Africa, Zambia, and Zimbabwe (note that President Ramaphosa has publicly expressed his support for the transformation following his meeting with the lobbying mission in August 2018); o The SADC-PF President must without delay appeal to His Excellency President Filipe Jacinto Nyusi (from Mozambique) to facilitate for the lobbying team to be allowed to address the Council of Ministers and the SADC Summit on the transformation agenda o All Speakers of SADC parliaments must without delay seek the support of their respective Ministers of Foreign Affairs, while Clerks/Secretaries-General should engage Secretaries for Foreign Affairs on the transformation drive to garner their support prior to the 39th SADC Council of Ministers Meeting and Summit; o The Forum Secretariat with the assistance of Clerks/Secretaries General of Parliaments must identify and engage a team of lawyers to assist in developing an indicative Protocol for transformation which resonates with the Forum’s thrust as a complementary organ to the Summit; and o The Forum Secretariat and Clerks/Secretaries-General must engage the media in their respective countries to lobby for support for the transformation of the Forum into a SADC Regional Parliament. • Adoption of the Oath and Affirmation of Adherence for SADC-PF MPs: Pursuant to the Resolution of the 44th Plenary Assembly for the establishment of a Code of Conduct for SADC- PF MPs, the EXCO commissioned research by the Secretariat into best practices in other regional and international parliamentary institutions. Due to the variances in rules of decorum and ethics across member parliaments, EXCO deemed it appropriate for MPs to make an Oath or Solemn Affirmation to uphold the SADC-PF Constitution, its core values, and guiding principles. Once approved, the usual procedure for amendments to the Constitution as provided for in Article 30(3) of the Constitution will be initiated. • Engagement of consultant to develop a Risk Management Policy: In line with the recommendations of an Organisational Assessment exercise conducted by KPMG (Zambia) at the behest of Sweden, the EXCO approved the engagement of a consultant to develop a Risk Management Policy for the institution. Accordingly, the EXCO requested the Secretariat to development the necessary Terms of Reference for the consultant, which EXCO requested the 45th Plenary Assembly to approve. • Update on the forthcoming Sexual Reproductive Health Rights (SRHR), HIV and AIDS Governance Project with Sweden: The EXCO informed the Plenary Assembly that the Project Agreement was signed in June 2019. The Project will cover all the 14 Member Parliaments and is expected to commence on 1 August 2019. The aforementioned development of a Risk Management Policy is part of the requirements for the commencement of this Project. • Improvement of Whistleblowing Policy of the Forum: The EXCO noted the progress by the Secretariat in terms of the development of a whistle-blowing policy as part of the recommendations of the Organisational Assessment exercise. The EXCO encouraged the Secretariat to continue exploring ways to improve the whistle-blowing system, including through introducing a toll-free hotline. • Update on the Secretary General’s official residence: The Secretariat and the Namibian Department of Works (DOW) met on 21 June 2019 to conduct an inspection of the works done to date. The DOW expressed dissatisfaction with the quality of works and proposed a further assessment of the same in order to determine the way forward. The two parties agreed on an Action Plan detailing the tasks to be carried out to ensure that the house is completely refurbished as a matter of urgency. The renovation works will be subjected to a tender process in order to select a more suitable contractor, as advised the DOW. The proposed date of occupation of the house by the Secretary-General is 1 December 2019. The Plenary Assembly

was invited to note that the total amount committed for the renovations to date is N$734 021,00. Out of this amount, N$233 000,00 has already been spent, leaving a balance of N$501 021,00.

3.1.2.3 Report of EXCO on Financial Matters of SADC-PF (Treasurer’s Report)

The Treasurer’s Report considered the following core issues:

• As at the 19 July 2019, seven parliaments, namely Angola, Botswana, Eswatini, Mauritius, Namibia, South Africa and Zimbabwe had fully paid their 2019/20 annual contributions, while Mozambique made a part payment of N$1 073 000,00 and Lesotho paid N$1 158 370,00. The EXCO requested those parliaments with long outstanding balances to settle the arrears so that the Forum is not faced with serious cash flow problems. • The EXCO also noted that over the past 5 years, the annual mandatory contribution by parliaments remained the same (at N$ 1 430 000,00) while expenses have increased due to inflation and depreciation of the Rand against the US Dollar. The EXCO thus recommended to the Plenary Assembly to consider a 5% increase in annual contributions (i.e. an increase of N$ 71 500,00 per country) for the 2020-2021 financial year. • As regards the once-off contribution for the Secretary General’s official residence, payments amounting to N$ 5 280 000,00 were received from twelve parliaments, namely: Angola, Botswana, DRC, Eswatini, Lesotho, Malawi, Mauritius, Mozambique, Namibia, South Africa, Zambia, and Zimbabwe. The EXCO appealed to the Parliament of Tanzania to settle its once- off contribution as soon as possible so that the matter can be concluded.

3.1.3 Reports of Standing Committees and the RWPC

3.1.3.1 Report of the Regional Parliamentary Model Laws Oversight Committee (RPMLOC)

The RMLOC held its inaugural meeting from 6 – 7 May 2019 and resolved that there is an urgent need to prioritise monitoring of domestication of legal provisions contained in Model Laws developed by the Forum. This will assist in promoting harmonisation of regional legal norms on SRHR, gender equality and democratic elections across the SADC region, and ensuring that the SADC citizenry as a whole benefit from standardised legal treatment implemented through sovereign parliamentary processes. Accordingly, the Committee recommended to the Plenary Assembly as follows:

• That the appropriate means be utilised to assist in raising the profile of the Gender Responsive Oversight Model (GROM), including through the conduct of power mapping and perception audits and the collection of disaggregated data, which will enable the Committee to monitor the implementation of GROM at both the national and regional levels; • That awareness-raising sessions be organised for women on the “Shine theory” that aims to empower women collectively in view of mitigating gender disparity; and • That national parliaments continue their efforts to domesticate SADC Model Laws, and MPs continue to support gender mainstreaming through the domestication of relevant instruments and infusing gender parity on a 50:50 ration in electoral systems through progressive reforms.

The Report was adopted.

3.1.3.2 Report of the Joint Standing Committees that met at Premier Hotel O.R. Tambo Airport in Johannesburg, South Africa on 22 May 2019

The Joint Session met on 22 May 2019 under the theme “Advancing Access to Medicine, Gender Equality and the Digital Economy in the SADC Region”. The session received expert presentations and deliberated on the following issues:

• Proposal to transform the SADC-PF into a SADC Parliament and the progress made to date; • The Role of Parliament in the Promotion of Access to Medicine and Public Health in the SADC Region; and • Regulating and Harnessing the Digital Economy in SADC.

Key issues resolved on include the following:

• Members, particularly Presiding Officers, must continue to lobby their parliaments and executives’ support for the Forum’s transformation proposal • Regarding access to medicines: o SADC countries need to consider contributing to an alternative medicine manufacturing plant as India will no longer be able to provide medicines to the South due to compliance requirements in terms of The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) laws within the World Trade Organisation (WTO); o SADC countries are urged to harness the TRIPS flexibilities and create the alternative manufacturing plant post-2023 as this will assist in serving the attainment of the SDGs, notably Goal 3; o A database of traditional medicines should be established, complemented by purposeful trade in pharmaceuticals within SADC; and o SADC needs to implement its Pharmaceutical Business Plan and MPs must familiarise themselves with it and exercise the necessary oversight.

• Regarding the digital economy: o The digital economy may be advanced through the adoption of a regional and technical roadmap, regional model law and post-adoption popularisation and implementation; o The development of a regional data protection framework should also be considered to allow the movement of data across countries without exposing the identity and security of the users; and o Interventions need to be explored that ensure that the majority of people can have access to the internet at low cost

The Report was adopted.

3.1.3.3 Report of the Standing Committee on Democratisation, Governance and Human Rights that met at Premier Hotel O.R. Tambo Airport in Johannesburg, South Africa, on 23 May 2019

The Committee met on 23 May 2019 to reflect on the implementation of the SADC Model Law on Elections; challenges in the deployment of elections observation missions; and the protection of the rights of people with Albinism in the SADC region. Accordingly, the Committee resolved as follows:

• It welcomed the financial commitment by GIZ of EUR 85 000.00 towards the rollout of the Model Law in Lesotho and Zimbabwe, as well as the development of a comprehensive electronic SADC electoral reform tracker to enable periodic parliamentary review and report in line with the Annual Work Plan; • Nothing the challenges experienced in regard to the Forum’s election observation missions, the Committee resolved that: o The Secretariat communicates to all national parliaments on the reputational risk the Forum is facing for not participating in election observation missions; o The Secretariat facilitates for the Committee to engage the EXCO and Speakers on finding a collective solution towards the Forum deploying a mission to the countries holding elections in 2019 (Botswana, Mozambique, Namibia, and Mauritius); and o That national parliaments should be encouraged to prioritise SADC-PF activities in the allocation of financial resources as compared to international parliamentary bodies. • Regarding the protection of people with Albinism, the Committee: o Noted that people with albinism in the SADC Region experience challenges such as stigma, discrimination, and physical, emotional and sexual abuse. Some countries had recorded a number of attacks on them, including maiming and kidnapping of children o Strongly denounced the abuse and violations against people with Albinism and resolved to present a motion for resolution to the 45th Plenary Assembly to this effect.

The Report was adopted.

3.1.3.4 Report of the Human and Social Development and Special Programmes that met at Premier Hotel O.R. Tambo Airport in Johannesburg, South Africa, on 23 May 2019

The Committee met on 23 May 2019 and considered the following matters:

• The project proposal for the SRHR, HIV and AIDS Governance Project • The dissemination of the Minimum Standards on Key Populations • Implementation of the Strategic Plan of the Forum • Translation of SRH documents into the 3 working languages of the Forum

Accordingly, the Committee resolved as follows:

• That the Secretariat continues to work with Sweden to finalise Phase II of the SRHR, HIV and AIDS Governance Project which would be implemented in all the SADC-PF member countries; • That the Committee continues to work in close collaboration with the RPMLOC, with the coordination of the Secretariat; • That the Minimum Standards for Key Populations in the context of HIV continue to be widely disseminated and that the process of domestication be facilitated by national parliaments; and • That national parliaments continue to hold their governments to account on the SRH commitments.

The Report was adopted.

3.1.3.5 Report of the Trade, Industry, Finance and Investment that met at the Premier Hotel O.R. Tambo Airport in Johannesburg, South Africa, on 23 May 2019

The Committee discussed issues related to the impact of sovereign debt on Southern Africa and the negative effects of Africa’s illicit financial flows. Accordingly, the Committee resolved and presented the following to the Plenary Assembly:

• Parliament has a critical role to play in terms of legislation, oversight, and holding the Executive to account in terms of: o The public disclosure of information regarding borrowing, lending and investment deals; o Enacting robust legislation for debt management to promote greater transparency, accountability and well-defined roles and responsibilities among all stakeholders; and o Approving loans before contracts are signed to ensure that the loan contraction process is done within the established guidelines and laws • That the phenomenon of Chinese debt is recent and in need of scrutiny, particularly due to the criticism that Chinese lending is receiving from Western media and NGOs • That sovereign debt is resulting in countries mortgaging the future generations through the unfavourable conditions of Chinese debt that entail the use of Chinese labourers and goods at the expense of the countries in which they are operating • That parliaments, civil society and the media must work together in addressing illicit financial flows and sovereign debt.

The Report was adopted.

3.1.3.6 Report of the Gender Equality, Women Advancement and Youth Development that met at Premier Hotel O.R. Tambo Airport in Johannesburg, South Africa, on 23 May 2019

The GEWAYD Committee discussed the following core issues:

• The institutional arrangements required by the SADC-PF Youth Development Framework adopted by the 39th Plenary Assembly Session, and the Youth Development Policy 5-Year Strategic Plan adopted by the 42nd Plenary Assembly Session; • Co-hosting the 5th Psychosocial Bi-annual Forum with the Regional Psychosocial Support Initiative; and • Progress made towards implementation of the GEWA Policy

The Committee resolved and presented the following to the Plenary Assembly:

• That parliaments consider recruiting youth interns/volunteers at each national parliament to provide on-the-job training and workplace exposure to youth while sustaining initiatives and projects of the SADC-PF Youth Development Policy (YDP); • That parliaments motivate for the 10% gender-sensitive youth (18 – 35 years old) quotas antiquated in the YDP 5-Year Plan (this means that, of the six members deployed to the SADC-PF, including the Speaker, two should be youth); • That the Forum and national parliaments develop a sustainability strategy to cater for youth development initiatives across all development programmes; and • That parliaments consider seconding a Youth Officer to the Forum to support the implementation of its activities beyond the contract of the current secondment by the Parliament of Namibia.

The Report was adopted.

3.1.3.7 Report of the Food, Agriculture, and Natural Resources that met at the Premier Hotel O.R. Tambo Airport in Johannesburg, South Africa on 23 May 2019

The Committee met under the theme “Addressing the negative impact of climate change on agriculture and food security in the SADC Region”. Following expert presentations on the theme, the Committee resolved and presented the following to the Plenary Assembly:

• Climate-related hazards include tropical cyclones, floods, mud floods, hailstorms, rain and windstorms; • Floods, storms and droughts make up 75% of these hazards in Southern Africa; Southern Africa is warming faster than the global average; • The main cause of climate change is pollution and, while Africa and the rest of the developing world are not the main culprits in this regard, their poor to non-existent climate mitigation and adaptation strategies and funds result in them experiencing the worse impact; • Regional and national disaster management and coordination through the strengthening of early warning systems and pulling of resources is the best way to deal with the effects of climate change; • SADC governments should provide funding for disaster management initiatives, and SADC parliaments should exercise oversight over these initiatives and assess their countries’ disaster readiness; and • The Committee agreed to move a motion on “The Negative Effects of Plastic on the Environment” at the 45th Plenary Assembly, noting that countries have started to respond to the international campaign to ban plastic because of the failure to recycle it.

The Report was adopted.

3.1.3.8 Report of the Regional Women Parliamentary Caucus that met at Premier Hotel O.R. Tambo Airport in Johannesburg, South Africa on 21 May 2019

The Caucus met under the theme #voice and choice to consider the roles that can be played by the RWPC and national women’s parliamentary caucuses in promoting women’s empowerment through freedom of choice, instilling gender equality, fulfilling their representative mandates as MPs, and effectively acting as the voice of the people. Accordingly, the Caucus received presentations on the following:

• Highlights of the 2019 SRHR Mapping Report • The Mozambique Penal Code Review Process: “best practice” case study • Highlights on the “Transforming young lives” in the SADC Region In view of its deliberations on the above, the Caucus resolved and presented to the plenary assembly that:

• SADC Member States that have not reviewed their penal code should be encouraged to do so; • SADC Member States should domesticate global, regional and sub-regional instruments that seek to strengthen the rights of women and girls; • SADC-PF should strengthen and build the RWPC’s knowledge production and management capacity; • SADC-PF should support efforts that seek to promote gender mainstreaming and gender- responsive budgeting across the SADC-PF; • The RWPC should continue to coordinate with stakeholders, especially civil society organisations, to develop a robust multi-stakeholder partnership framework that can act holistically to promote gender equality, SRH and women empowerment;

• The RWPC should continue to liaise with all the Forum’s organs to address the cross-cutting issues relating to women which transcend different thematic areas; and • SADC-PF should strengthen efforts that seek to work with men as development partners, for example, the HeforShe campaign. The Report was adopted.

3.2 Members’ Motions

The following members’ motions were presented and debated, all of which were agreed to by consensus.

• Motion calling for Commemoration and Implementation of the United Nations Resolution 1325 on Women and Peace and Security. Mover: Hon Ts’epang Ts’ipa-Mosena, MP, Lesotho • Motion on the Need for a Lasting Solution Regarding Funding for SADC-PF Election Observation Missions. Mover: Hon. Wavel Ramkalawan, MP, Seychelles • Motion on the Promotion of Renewable Energy in the SADC Region. Mover: Hon. Dr Situmbeko Musokotwane, MP, Zambia • Motion on the Promotion of the African Continental Free Trade Area (AfCFTA). Mover: Hon. Dr Situmbeko Musokotwane, MP, Zambia • Motion on Beneficiation of the Extractive Section in the SADC Region. Mover: Hon. Anele Ndebele, MP, Zimbabwe • Motion Condemning Attacks, Abductions, Killings and discrimination against People with Albinism in the SADC Region. Mover: Hon. Wavel Ramkalawan, MP, Seychelles • Motion on the Negative Effects of Plastic on the Environment. Mover: Hon. Chantal Ghislain, MP, Seychelles.

3.3 Agenda items presented under Rule 44 of the Rules of Procedure

3.3.1 Message of Goodwill and Solidarity to the 45th Plenary Assembly by the Inter- Parliamentary Union (IPU)

The current Secretary-General of the Inter-Parliamentary Union (IPU), Mr Martin Chungong, the first African (from Cameroon) to hold this position, presented a message of goodwill to the Plenary Assembly via video-conferencing. Mr Chungong emphasised the important role of parliaments in addressing global challenges and noted the increasing need for parliaments to be capacitated in this regard.

3.3.2 Statement by the Leader of Delegation for the Parliament of the DRC on matters of importance to the SADC-PF regarding the political developments in the DRC

The First Deputy Speaker of the DRC National Assembly, Hon. Jean Marc Kabund-a-Kabund reported on the political situation in DRC following the presidential and parliamentary elections in the country in December 2018. Hon. Kabund-a-Kabund relayed that DRC was experiencing various positive developments, including a peaceful and civilised transfer of power, the return of political exiles, freedom of political demonstration, and freedom of expression and the media. Projects are also underway towards the provision of free medical care and primary education, the development of infrastructure such as roads and bridges throughout the Republic, and the combatting of corruption. Hon. Kabund-a-Kabund further observed that the country is fighting hard in order to completely eradicate Ebola in the Eastern part of the country. Following his

statement of support for the Forum’s transformation, Hon. Kabund-a-Kabund relayed DRC’s offer to host the 47th Plenary Assembly in Kinshasa.

4. RECOMMENDATIONS FOR PARLIAMENT

The South African Parliament is advised to note the following recommendations:

• Monitor the outcomes of the SADC Council of Ministers and SADC Summit meeting to be concluded on 18 August 2019 in terms of the Forum’s transformation proposal.

• In following through on the discussions during the Symposium, consider the following domestic parliamentary interventions regarding climate change: o Through the portfolio and select committees on environmental affairs, engage the Department on Environment, Forestry and Fisheries on how the South African Government is implementing the Katowice Roadmap; o Consider a public participation event(s) on climate change with local communities most vulnerable to the effects of climate change; and o Consider the development of a multisectoral oversight strategy for climate change, in line and complementary to Parliament’s Oversight and Accountability Model and SDG interventions.

• Note the extension of the SRHR Project to all SADC parliaments and forthcoming communications in this regard.

• Disseminate the SADC-PF Minimum Standards on Key Populations to the relevant parliamentary committees for noting and engagement.

• Note the adoption of the SADC-PF Constitutional provisions for the establishment of a Committee of Clerks and forthcoming communications in this regard.

• Note the GEWAYD-proposed Plenary Assembly resolution that parliaments employ youth quotas to its SADC-PF delegations, meaning that of the six Members deployed to the Forum, two should be youth (aged 18 to 35 years old).

• Develop a tracking mechanism for the processing of SADC-PF Model Laws and other resolutions: The constitutional amendments establishing the RPMLOC are aimed at improving the accountability of Member Parliaments on the implementation of SADC-PF Model Laws and resolutions. As the Forum has evolved to operate like a parliament, and continues its transformation into a parliament endeavour, Parliament is advised to develop a mechanism whereby its own processing and implementation of SADC-PF Model Laws and resolutions can be tracked and monitored.

• Note the 5% increase in membership contribution fees and budget for it accordingly for the 2020-2021 financial year.

EXECUTIVE SUMMARY: THE 45TH PLENARY ASSEMBLY OF THE SADC PARLIAMENTARY FORUM

15 – 26 JULY 2019

1. INTRODUCTION

• Ms N. Sonjica: Section Manager – Bilateral and Multilateral Relations • Dr N. Leibrandt-Loxton: Researcher

The Plenary Assembly held a symposium on the theme, and considered reports from the Executive Committee and Standing Committees. All the reports were adopted. It also considered motions various thematic motions, all of which were adopted.

2. RECOMMENDATIONS FOR PARLIAMENT

The South African Parliament is advised to note the following recommendations emanating from the 45th Plenary Assembly deliberations:

• Monitor the outcomes of the SADC Council of Ministers and SADC Summit meeting to be concluded on 18 August 2019 in terms of the Forum’s transformation proposal.

• Note the extension of the SRHR Project to all SADC parliaments and forthcoming communications in this regard.

• Disseminate the SADC-PF Minimum Standards on Key Populations to the relevant parliamentary committees for noting and engagement.

• Note the adoption of the SADC-PF Constitutional provisions for the establishment of a Committee of Clerks and forthcoming communications in this regard.

• Note the 5% increase in membership contribution fees and budget for it accordingly for the 2020-2021 financial year.

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REPORT OF THE PAN AFRICAN PARLIAMENT STATUTORY COMMITTEE SITTINGS

DATE: 02 to 10 August 2019

GALLAGHER ESTATE, MIDRAND, GAUTENG PROVINCE

1. CONTEXTUAL BACKGROUND

The Pan African Parliament (PAP) convened its Committee Sittings from 02 to 10 August 2019, in the Midrand, Gauteng Province. These Committee Sittings were attended by the PAP Members serving in the following 11 PAP Permanent Committees:

1. The Committee on Rural Economy, Agriculture, Natural Resources and Environment; 2. The Committee on Monetary and Financial Affairs; 3. The Committee on Trade, Customs and Immigration Matters; 4. The Committee on Cooperation, International Relations and Conflict Resolution; 5. The Committee on Transport, Industry, Communications, Energy, Science and Technology; 6. The Committee on Health, Labour and Social Affairs; 7. The Committee on Education, Culture, Tourism and Human Resources; 8. The Committee on Gender, Family, Youth and People with Disability; 9. The Committee on Justice and Human Rights; 10. The Committee on Rules, Privileges and Discipline; and 11. The Committee on Audit and Public Accounts (CAPA).

The abovementioned Permanent Committees were established in accordance with the provisions of Rule 22 (1) of the PAP Rules of Procedure for the proper discharge of the PAP functions and responsibilities. However, the South African delegation did not attend the Committee Sittings as they have not yet been sworn in as Members of the Pan African Parliament.

Had they attended, they would have attended as observers as they can only actively participate in the activities of the PAP after they have been sworn in, which will happen on the First Sitting of the Third Ordinary Session of the PAP Fifth Parliament in October 2019.

The objective of the Committee Sittings was to discuss the Committee programs and to prepare for the next Ordinary Session, which, as per the previous practice, will be held in October 2019. On the basis of the above, this brief report will not contain a comprehensive report on the specific committee programs and activities as this will form part of the Committee reports, which will be presented for debate and adoption by the Plenary during the Plenary in October 2019.

2. THE 10TH CONFERENCE OF SPEAKERS OF AFRICAN PARLIAMENTS

Of significant importance during the Committee Sitting of August 2019 is the fact that it coincided with the 10th Conference of Speakers of African Parliaments, held from 06 to 07 August 2019. The Theme of the Conference was, “Finding Durable Solutions to Forced migration to accelerate integration and development in Africa: The role of National and Regional Parliaments”.

The Tenth Conference of Speakers of African Assemblies and Senates threw its weight behind the African Union's undertaking to resolve conflicts in Africa that often result in the displacement of people. In addition to the above, the Conference also made emphasis on its support for the implementation of the African Continental Free Trade Area.

2 33 governments to work towards the elimination of the structural causes of conflict which pushes people from their countries of residence. The conference also resolved to support quests to guarantee access to education for refugees, returnees, internally displaced and stateless children in Africa.

Moreover, the Conference of Speakers of African Assemblies and Senates expresses its support for the commitment made by the AU Assembly of Heads of State and Government to undertake a vigorous and effective leadership in order to resolve conflicts in Africa through policies and strategies aimed at strengthening national systems and structures for the prevention of conflicts and displacement of populations on the continent.

The Conference also undertook to contribute to the development of the African Continental Free Trade Area (AFCFTA) and committed to mobilizing Member States to ratify the agreement and domesticate the Protocols relating to AFCFTA highlighting the need to first guarantee free movement of persons on the continent to facilitate implementation of the AFCTFA.

In conclusion, the Conference of Speakers of African Parliaments reaffirmed its support for the transformation of the PAP into a legislative Organ of the AU. In this regard, they called all the AU Member States that have not yet ratified the reviewed Protocol of the PAP to do so in order to enable the transformation of the PAP to take effect.

3. THIRD MEETING OF THE ASSOCIATIONS OF SECRETARIES GENERAL OF AFRICAN PARLIAMENTS (ASGAP)

Also of significant importance during the Committee Sitting is that it coincided with the meeting of Association of Secretaries General of African Parliaments (ASGAP). The ASGAP meeting was held from 06 to 07 August 2019 in the PAP. The ASGAP Meeting was held under the theme, “Finding durable solutions to forced migrations to accelerate Africa’s development and integration: The role of National and Regional Parliament”.

Amongst other issues, the ASGAP elected new Members of ASGAP Executive Committee and it discussed the 2019 African Union theme, “Year of refugees, returnees and internally displaced persons in Africa: Towards durable solutions to forced displacements”.

Furthermore, the ASGAP meeting also discussed the 2020 African Union theme, which is, “Silencing the guns: Create conducive conditions for Africa’s development”.

2. COMMITTEE ACTIVITIES

The following are some of the workshops, seminars and activities held by various Committees during the Sitting:

Joint workshop on the African Union Theme, “The Year of Refugees, Returnees and Internationally Displaced Persons: Pan African Parliament’s Contribution Towards Finding Durable Solutions to Forced Displacement in Africa”. This was a joint workshop attended by Members from the PAP Committee on Trade, Customs and Immigration Matters; Committee on Transport, Industry, Communications, Energy and Technology; Committee on Justice and Human Rights and Committee on Rules, Privileges and Discipline.

3 34

The main objective of the Workshop was to critically reflect on the issue of refugees, returnees and forced displaced persons in Africa and to explore possible means to strengthen and consolidate efforts towards the protection of refugees and to proffer durable solutions to forced displacement in Africa through a meaningful engagement with various stakeholders.

Joint Workshop between the Committee on Audit and Public Accounts and Committee on Monetary and Financial Affairs. Amongst the other things, this workshop discussed the following topics, “Parliamentarians’ role in achieving African Union Agenda 2063 and the sustainable development”. In addition to the above, this joint workshop discussed, “Performance Auditing on oversight and accountability”.

Joint Workshop between the Committee Rules, Privileges and Discipline, Committee on Justice and Human Rights, and Committee on Trade, Customs and Immigration. The purpose of this joint workshop was to discuss the AU theme for 2019, which is, “Year of Refugees, Returnees and Internally Displaced Persons in Africa: Towards Durable Solutions to Forced Displacement”. The joint workshop also discussed Migration, xenophobia and forced displacement.

In addition to the abovementioned joint workshops, all the PAP Committees held their sittings and discussed various committee specific issues as per their specific committee programmes. The outcome of those committee meetings will be part of the committee reports that will be presented, debated and adopted by the Plenary in October 2019.

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EXECUTIVE SUMMARY OF THE PAP STATUTORY COMMITTEE SITTINGS-2- 10 AUGUST 2019

The objective of the Committee Sittings was to discuss the Committee programs and to prepare for the next Ordinary Session, which was held in October 2019.

2. THE SIGNIFICANCE OF THE COMMITTEE SITTINGS

2.1. THE 10TH CONFERENCE OF SPEAKERS OF AFRICAN PARLIAMENTS

The Speakers also reaffirmed their countries' determination to deal with the subject of refugees in line with the theme that was adopted by the AU for the 2019, which is “Year of Refugees, Returnees and Internally Displaced Persons”. They impressed upon governments to work towards the elimination of the structural causes of conflict which pushes people from their countries of residence. The conference also resolved 36

to support quests to guarantee access to education for refugees, returnees, internally displaced and stateless children in Africa.

2. 3. THIRD MEETING OF THE ASSOCIATIONS OF SECRETARIES GENERAL OF AFRICAN PARLIAMENTS (ASGAP)

Furthermore, the ASGAP meeting also discussed the 2020 African Union theme, which is, “Silencing the guns: Create conducive conditions for Africa’s development”.

(d) Report of the 50th Commonwealth Parliamentary Conference, Zanzibar - 30 Aug- 5 September 2019

Report of the 50th Commonwealth Parliamentary Conference: Tanzania, Zanzibar (30th August- 5 September 2019) 39

1. INTRODUCTON

The purpose of this report is to give an account of the outcomes of the 50th Commonwealth Parliamentary Conference (CPA), held in Tanzania, Zanzibar, from 30th August – 5th September 2019.

The Parliament of the Republic of South Africa together with Provincial Legislatures is affiliated and participates in the political activities of the Commonwealth Parliamentary Association at both Africa Region and International level. This participation fulfils one of Parliament strategic objective premised on deepening and enhancing parliamentary international engagement and cooperation.

Parliament’s Strategic Plan places prime importance on increasing its capacity to represent the interests of South Africa in the international arena. It further seeks to promote and facilitate the transformation of undemocratic governance structures and participate in rules based system that seeks to democratised multilateral institutions processes, building strategic partnerships around mutual interests and promote internationalism and solidarity through the interconnectedness of challenges amongst African countries in particular and developing nations in particular.

The convening of this conference is in accordance with article 16 (3) of the CPA Africa Region constitution which provides a platform for Executive Committee and the Secretariat to account for the activities of the Association. The branches and sub-branches constituting the South African Parliament delegation included the following;

• Parliament of the Republic of South Africa • Gauteng Provincial Legislature • Eastern Cape Provincial Legislature • Limpopo Provincial Legislature • Northern Cape Provincial Legislature • North West Provincial Legislature • Kwa-Zulu Natal Provincial Legislature • Mpumalanga Provincial Legislature • Western Cape Provincial Legislature 40

2. Background and Overview

The proceedings of the conference began with the Official Opening ceremony of the conference following the two successive days of meetings of sub-committees which included the Commonwealth Women Parliamentarians, the Programming Planning and Finance and the Regional Representative meetings which culminated into the Executive Committee Meeting held on the 1st September 2019. These meetings help to prepare the agenda on the status of the activities of the association and therefore provide a platform for the Executive Committee to take decisions for the ratification by delegates in the annual general meeting. These decisions are expected to be implanted respective branches in-between conferences.

The opening ceremony processes were officiated and endorsed by His Excellency the President of Zanzibar Island with messages of solidarity from the Pakistan CPA ASIA Candidate for CWP International, Chairperson of the Executive Committee Meeting and the Speaker of the East African Legislative Assembly. In his reflections, the President highly appreciated the conference theme (E-Parliament, Seamless Platform for Facilitating Democracy) which is an anchor on which the proceedings, deliberations of the conferenced should be premised. The President perceive the promotion of E- Parliament as an important intervention in facilitating access in parliamentary constituencies and efficient, innovative method in the process of enacting legislation.

It was further emphasised that E-Parliament must lead the teaching of ICT in communities which positively contribute in cost-cutting measures on travelling during the process of oversight. In addition, shared the experiences on E-government initiatives he is leading to ensure that integration government sectors such as Health Department, Infrastructure and the Security Sector. To this end, E-parliament should represent a remarkable paradigm shift and a remarkable benefit for young in terms of jobs and facilitate the interface of the house proceedings and also promote public involvement with Communities.

2. KEY ISSUES EMANATING FROM THE EXECUTIVE COMMITTEE AND SOUTNERN AFRICA SUC-REGION

2.1 HOSTING OF THE CPC 2020

On the hosting of the CPC 2020 Conference, the Regional Executive Committee Meeting got a report that initially Canada Branch offered to host the CPC in January 2020 which was perceived to be a very awkward and unpleasant month to host a conference. However, it was within these circumstances that Ghana offered to host the 64th CPC in June 2020. However, Canada turned around and expressed an interest to host the 2020 CPC in January 2020. Initially, Canada had indicated its willingness to host the CPC in 2021. The Regional Executive Committee supports Ghana to host the 2020 CPC and it doesn’t agree with Canada’s sudden interest to also host the 2020 CPC for a number of reason.

In this regard, the Regional Executive Committee holds the view that Ghana’s offer to host should be respected and be supported by the Africa Region for various reason. Amongst those reasons is the fact that Ghana is a friendly African country with less visa restrictions. This will ensure that many African countries are able to attend the CPC to advance the strategic objectives of the Region the CPA, such the quest for the transformation of the CPA from charity to a diplomatic international body.

Secondly, the hosting of the 2020 CPC by Canada could have a number of catastrophic consequences for the Africa Region as many delegates might not be able to attend due to Canada’s strict visa restrictions. Thirdly, the hosting of the 2020 by Canada in January 2020 could have serious health consequences due to the fact that, January is the coldest month in Canada. This, apart from affecting the attendance of the delegates from the Region, it might also pose a serious health hazard for the African delegates.

2.1.1 VACANT LEADERSHIP POSITIONS IN THE CPA INTERNATIONAL

The Regional Executive Committee got a report that there are two vacant leadership positions in the CPA International, which is the position of the Chairperson of the CWP International and the Treasurer. In this regard, the Regional Executive got a report that a candidate from Pakistan, Hon. Khan had expressed an interest to contest for this position and had requested the support of the Region. 42

The Regional Executive Committee expressed its willingness to support the candidature of Hon. Khan as she comes from Pakistan and a Region that is a traditional ally of the Africa Region. While supporting the candidature of Hon. Khan for the position of the Chairperson of the CWP International, the Regional Executive Committee also noted the problems that exist between Pakistan and India, also an ally of our Region. In this regard, the Regional Executive Committee resolved to thread carefully in ensuring that its support of Hon. Khan doesn’t alienate India.

For the position of the Treasurer, the Regional Executive Committee received a report that Malaysia, another traditional ally of the Africa Region was interested to contest for this position. In this regard, the Regional Executive expressed its willingness to support Malaysia should it confirm its interest to contest the position of the CPA Treasurer International.

2.1.2 THE HOSTING OF THE CPC 2019

Uganda is hosting the CPC from 22 to 29 September 2019. In this regard, all Branches delegates were urged to register as soon as possible and to attend in numbers as this will strengthen the African voice in the CPC and to ensure that decisions favourable to the African Region are taken.

2.1.3 THE POSITION OF THE CPA SECRETARY GENERAL

The Regional Executive Committee received a report a report from the Chairperson of the CPA International on various important issues taking place in the CPA headquarters. One of those issues is the fact that the 4 year fixed term contract of the Secretary General of the CPA International is coming to an end in December 2019. However, despite knowing that he signed a 4 year fixed term contract, the Secretary General has written to the CPA International, expressing his willingness to be appointed for another 4-year contract to continue as the Secretary General.

The Regional Executive Committee resolved that it doesn’t support the renewal of the fixed term contract of the current Secretary General as this position should be occupied

6 by all Regions on a rotational basis. Secondly, if the current fixed term contract of the Secretary General was to be renewed, this will have dire long term consequences for the CPA in general and Africa in particular.

For instance, the labour laws of the United Kingdom stipulate that on renewal of a fixed term contract of an individual, that individual become permanently employed. The Regional Executive Committee doesn’t support the appointment of the Secretary General on permanent basis. This position must be occupied on rotational basis.

2.1.4 Subscription fees

The Southern Africa Sub-Regional Meeting was held to brief the delegates on the outcomes of the Executive Committee Meeting, which took place on 01 September 2019 and to ascertain and confirm with Branches and Sub-branches whether all of them have paid the subscription fees as required.

On the issue of the subscription fees, all Branches and Sub-branches confirmed that they have paid their subscription fees. However, the Sub-Regional Meeting agreed that all Branches and Sub-branches should confirm the payment of the subscription fees before the International Conference in Uganda. Delegates were also urged to register and attend the International Conference in Uganda.

In addition to the above, those delegates who will not be able to attend the International Conference in Uganda, were urged to indicate in time to enable Branches and Sub- branches to replace them. This will ensure that there is maximum participation of Africa Region and to ensure that Africa has adequate numbers during the voting process.

2.1.5 Vacant positions in the CPA International The delegates of the Southern Africa Sub-region got a briefing that the position of the CWP Chairperson International and the position of the CPA Treasurer International will become vacant during the CPC in Uganda. In this regard, delegates got a report that, Hon. Khan, a candidate from Pakistan, a traditional ally of Africa Region had expressed an interest to contest for this position and had requested the support of the Region. 44

While supporting the candidature of Hon. Khan for the position of the Chairperson of the CWP International, the Regional Executive Committee also noted the problems that exist between Pakistan and India, also an ally of our Region. In this regard, the Regional Executive Committee resolved to thread carefully in ensuring that its support of Hon. Khan doesn’t alienate India.

For the position of the Treasurer, the Southern Africa Sub-region received a report that Malaysia, another traditional ally of the Africa Region was interested to contest for this position. In this regard, the Regional Executive expressed its willingness to support Malaysia should it confirm its interest to contest the position of the CPA Treasurer International. 2.1.6 The position of the CPA Secretary General The delegates of the Southern Africa Sub-region received a report a report on various important issues taking place in the CPA headquarters. One of those issues is the fact that the 4 year fixed term contract of the Secretary General of the CPA International is coming to an end in December 2019. However, despite knowing that he signed a 4 year fixed term contract, the Secretary General has written to the CPA International, expressing his willingness to be appointed for another 4-year contract to continue as the Secretary General.

In this regard, Africa Region doesn’t support the renewal of the fixed term contract of the current Secretary General as this position should be occupied by all Regions on a rotational basis. Secondly, if the current fixed term contract of the Secretary General was to be renewed, this will have dire long term consequences for the CPA in general and Africa in particular.

For instance, the labour laws of the United Kingdom stipulates that on renewal of a fixed term contract of an individual, that individual become permanently employed. The Regional Executive Committee doesn’t support the appointment of the Secretary General on permanent basis. This position must be occupied on rotational basis.

2.1.7 Amendment to the CPA Constitution

The Southern Africa Sub-region got a report that one of the important proposed amendments to the CPA Constitution seeks to do away with the contestation of elections for the CPA Africa Region positions, instead, positions will be occupied on rotational basis. This will ensure unity. 3. DISCUSSION AND ANALYSIS: KEY ISSUES EMANATING FROM THE WORKSHOPS

In accordance with the theme and programme of the CPA Africa Region Conference, the delegates of the Africa Region Conference held the following workshops of 03 September 2019:

• The use of the ICT in strengthening public involvement in the legislative process;

• The use of social media in enhancing parliamentarians’ constituency engagements;

• Empowerment of women: Strategies towards women’s participation in decision making;

• Implementation of youth policies as a tool to combat migration; • Enhancing ICT use in providing life changing solutions in rural communities; and

• The role of technology in developing democratic practices. 3.1 The use of ICT in strengthening public involvement in the legislative sector

The topic on the use of ICT in strengthening public involvement in the legislative sector was moved by Rwanda, seconded by Lesotho, and the session was chaired by Malawi. The following are some of the salient issues raised by the presenters and delegates during discussion:

• ICT is important as it helps public representatives to interface with the electorates; • It facilitates consultation, public participation and public involvement; • There must be enabling legislations to support the use of the ICT; • CPA countries in the Region should invest in ICT infrastructure such as the broadband; 46

• There must be proper regulation and legislations to protect citizens from the criminal elements who use the ICT to advance their ulterior motives. This is of cardinal importance considering that apart from its positive benefits, ICT has become a toxic source of misinformation and fake news; • If properly used, ICT is an important tool to ensure political accountability as public representatives are cautious on how they conduct themselves in parliament as parliament programmes and proceedings are broadcast live; • ICT deepens accountability in the government and its public representatives; • It increases accessibility of government to its citizens; • It increases transparency, for instance, the need to have free and fair elections; • It is an important tool and enabler for Members of Parliament to conduct research and be up to date about daily developments. • For the proper use of the ICT and to reap maximum benefits from it, electorates must be empowered; • If used properly, ICT can be an important instrument to fight against poverty and inequality. However, if not used properly, ICT could exacerbate poverty and inequality, and it can fuel instability in the CPA countries; • Parliamentarians can only ignore the importance of the ICT in their own peril because voters have access to it and they know what is going on in their countries and beyond; • Considering that the media doesn’t want to regulate themselves, the use of ICT, social media in particular should be regulated; • There is a concern that the price of data is too expensive, and this makes it extremely difficult for the majority of poor citizens to make use of the ICT despite it being a necessity. 3.1.1 Enhancing the ICT use in providing the changing solutions in rural communities The topic on Enhancing the ICT use in providing the changing solutions in rural communities was moved by Nigeria, seconded by Eswatini and the session was chaired by Mozambique. The following are some of the significant issues raised by the presenters and delegates during discussion:

• That all CPA Member States should invest in the ICT and to ensure that they advance industrialization and the building of the ICT infrastructure; 47

• That all CPA Member States must take tangible steps to ensure that ICT gadgets are affordable; • That all CPA Member States must find ways to combat and fight cyber-crimes committed through the use of ICT. This will ensure that innocent citizens are protected from people who use the ICT for wrong reasons; • Adult technology should be prioritized in order to bring all citizens into speed with the advancement and development of the ICT; and • That more ICT budget should be allocated in rural areas in order to assist the poor people to have access to technology. 3.1.2 The use of social media in enhancing parliamentarians’ constituency engagement

The topic on the use of social media in enhancing parliamentarians’ constituency engagements was moved by Namibia, seconded by Kenya and the session was chaired by South Africa. The following are some of the important issues raised by presenters and delegates during discussion:

• That social media enables Members of Parliament to reach their constituencies anytime and anywhere in the world; • It enhances visibility of Members of Parliament; • Social media should be regulated within the framework of democratic practices. This will ensure that innocent social media users are protected from those with ulterior motive; • Social media is an important platform of sharing information between the Members of Parliament and their citizens; • Through the proper use of technology, parliament documents such as the Order Papers can be distributed digitally. This could save resources and the environment as there will be no need to print voluminous parliament documents for each Member of Parliament; • Social media can be used as an important platform for politicians to campaign and to share their objectives and vision; • In order to use social media to enhance parliamentarians’ constituency engagement, smart phones should be made affordable and accessible; • Measures must also be taken to fight cyber-crimes;

• Legislations must be used to cut down the cost of smart phones and data; • Access to electricity is central to the use of technology and social media; • Members of Parliament in the CPA countries must find ways to regulate the use of false accounts, insults, bullying and sexual harassment by some social media users. 3.1.3 Empowerment of women: Strategy to enable women’s participation in decision making The topic on the Empowerment of women: Strategy to enable women’s participation in decision making was moved by Botswana, seconded by Cameroon and the session was chaired by Seychelles. The following are some of the salient issues raised by the presenters and delegates during discussion:

• That women should be adequately capacitated in the use of ICT, in particular women with disability; • The CPA Member States must enact legislations which seeks to ensure women representation and gender balance in parliament; • Political parties must create an enabling environment to ensure the promotion and the appointment of women to senior government positions; • The discussion and programs of the CWP must be escalated and be endorsed by the entire CPA; • The CPA Member States delegation in the CPA events such as conferences should reflect gender balance; • CPA Member States should develop programs to in order to ensure the participation of women in active politics; • CPA must develop a standard across its structures to ensure the participation of women; 3.1.4 The role of technology in developing democratic practices

The topic on the role of technology in developing democratic practices was moved by Tanzania, seconded by Zambia and the session was chaired by Uganda. The following are some of the seminal issues raised by the presenters and delegates during discussion:

• That technology, including the social media, is an integral part of a democratic process;

• That political parties are increasingly using social media to campaign. This include the posting of political parties’ manifestos and the interaction between the political parties and the electorates; • That technology seeks to address and advance representative democracy; • That despite these positive spinoffs of the ICT, parliaments should find ways to deal with dangers of technology, such as fake news and sexual harassment; • That the need to embrace technology should not be delayed. However, there is a need to balance advantages and the disadvantages of technology; • That E-Voting system seeks to advance participatory democracy.

3.1.5 Implementation of youth policies as a tool to combat migration The topic on the Implementation of youth policies as a tool to combat migration was moved by Rwanda, seconded by Lesotho, and the session was chaired by Malawi. The following are some of the cardinal issues raised by the presenters and delegates during discussion:

• That out of 150 million migrants in the world, 50 million are Africans; • That many Africans die almost on daily basis trying to cross the Mediterranean Sea to seek for greener pastures in Europe; • That the CPA Member States should address the causes of forced migration such as poverty and unemployment; • That the causes of migration should be looked holistically as it is a prevalent phenomenon across the world and is not limited in Africa. This topic provoked delegates to discuss issues relating to relating to the acts of criminality against foreign nationals in South Africa which led to loss of lives and destruction of property. Conference delegates agreed that the matter be further discussed at the Annual General Council to delegates to deliberate on this matter and therefore prove a possible way forward through a special resolution developed and adopted by conference delegates.

4.Annual General Meeting

Attacks of foreign nationals in South Africa 50

The annual General Meeting began with the session to allow delegates to expresses their frustration on the acts of criminality against foreign nationals which has engulfed South Africa. A number of untested allegations were raised, for instance, that foreign nationals were being hunted and killed with machetes by South Africans.

However, the South African delegation through Hon. Amos Masondo, the Chairperson of the National Council of Provinces and Hon Lechesa Tsenoli the Deputy Speaker of the National Assembly assured the delegates that the South African Government, including Gauteng Provincial Government were doing everything in their powers to put an end to these senseless and barbaric attacks directed at foreign nationals for whatever reason. He assured delegates that the South African Government doesn’t condone these senseless attacks. He also noted that South African democracy was a product of international solidarity, including the African States. Therefore, the South African Government will never condone an attack of the foreign nationals living in South Africa.

He further disputed the misinformation that the attacks were only directed at the foreign nationals from one particular African country. In conclusion, Hon. Tsenoli urged the CPA delegates to discuss the issue of migration holistically without specifically confining it to a particular country because the issue of migration was a global phenomenon. It was agreed that conference developed a special resolution to express its frustration and further condemn the attack against foreign nations taking place in South Africa and across the continent

Adoption of Conference Reports at AGM

The Annual General Meeting deliberated and adopted the following reports by delegates; • Executive Committee Meeting Report • Treasure Report • Constitutional Amendment Report, and • Regional Secretary Report

5. Conclusion

The Annual General Meeting concluded its proceedings by endorsing elections that were due at conference. These include the Chairperson of the Commonwealth Parliamentary Association and the Treasurer of the Association. With respect to the position of the Regional Treasure which ought to be occupied by West Africa, and Nigeria in particular. It was agreed that Nigeria be given a chance to submit its name at a later stage. The position of the CWP has also gone to West Africa, and Nigeria has been able to provide a candidate in that regard. The proceedings of the conference were conclude through the presentation of resolutions and were unanimously adopted by delegates with amendments. 52

Executive Summary of the Report of the 50th Commonwealth Parliamentary Conference: Tanzania, Zanzibar (30th August- 5 September 2019)

1. INTRODUCTON

The purpose of this executive summary is to give an account of the outcomes of the 50th Commonwealth Parliamentary Conference (CPA), held in Tanzania, Zanzibar, from 30th August – 5th September 2019. The conference was organised under the theme (E-Parliament, Seamless Platform for Facilitating Democracy)

Discussion and Analysis

The conference deliberated extensively on the following issues; • Constitutional Amendments • The position of the Secretary General • The Host of the 65th Commonwealth Parliamentary Conference • The Status of the CPA International 53

• Workshops topics debated at Plenary Sessions and resolutions adpted at conference • Subscription Fees • Elections at the Anuall General Meeting, and • Matters relating to Attack of Foreign Nationals in South Africa.

Recommendations for South Parliament

The report further proposes for the institution to prioritise these matters;

• Parliament must discuss and devise a long term strategy to end the problem of attacks and killing of foreign national. • A Strategy must be developed to empower all Parliament delegations on how to respond to such matter at conferences • Parliament ought to develop an implementation model to ensure that there is a follow up on resolutions taken at conferences • Discuss and table to the House the question of the Status of the CPA for debate by Parliament • Ensure that Convenors call focus groups meetings to discuss outcomes of the reports from the delegation in line with the mandate of the PGIR 54

(e) Report of the 64th CPA Conference, Uganda - 22-29 September 2019

Report of the 64th Commonwealth Parliamentary Association Conference: Kampala, Uganda (22 - 29 September 2019) 56

1. INTRODUCTON The purpose of this report is to give an account of the outcomes of the 64th Commonwealth Parliamentary Association Conference held in Uganda on 22 - 29 September 2019 (64th CPC). The Parliament of the Republic of South Africa and provincial legislatures are affiliated and participate in the activities of the Commonwealth Parliamentary Association (CPA) at both regional and international level. Parliament and provincial legislatures represent the interests of South Africa in the CPA arena. This is in fulfilment of the strategic objective of deepening and enhancing parliamentary international engagement and cooperation.

In participating in the CPA activities, Parliament and the provincial legislatures seeks to promote and facilitate the transformation of undemocratic governance structures, build strategic partnerships on matters of mutual interest and promote internationalism and solidarity through the interconnectedness of challenges amongst African countries in particular and developing nations in general.

2. BACKGROUND

The Parliament of Uganda hosted the 64th CPC on 23 - 29 September 2019 in Kampala, Uganda under the theme “Adaption, engagement and evolution of Parliaments in a rapidly changing Commonwealth.”

The Conference was attended by over 500 delegates and observers who deliberated on issues affecting parliamentarians in terms of representation, gender equality and other stumbling blocks affecting active participation of members. During the Conference, some organs of the CPA such as the Commonwealth Women Parliamentarians (CWP) and CPA Small Branches elected their new Chairpersons.

The 64th CPC drew delegates and observers from all nine Regions of the Commonwealth including Africa, India, Asia, Australia, British Islands and Mediterranean, Caribbean, Americas and the Atlantic, Canada, Pacific and South East Asia. The South African delegation consisting of Parliament and nine provincial legislatures was led by Honourable A Masondo, Chairperson of the National Council of Provinces. The delegation consisted of, among others, Deputy Speaker of the National Assembly, House Chairperson (national Council of Provinces) Speakers and Deputy Speakers of provincial legislatures.

3.SOUTH AFRICAN DELEGATION AT CONFERENCE

The branches and sub-branches constituting the South African Parliament delegation included the following;

• Parliament of the Republic of South Africa; • Eastern Cape Provincial Legislature; • Free State Provincial Legislature • Gauteng Provincial Legislature; • Kwa-Zulu Natal Provincial Legislature; • Limpopo Provincial Legislature; • Mpumalanga Provincial Legislature; • Northern Cape Provincial Legislature; 57

• North West Provincial Legislature; and • Western Cape Provincial Legislature.

2.1. OFFICIAL OPENING OF THE 64TH CONFERENCE

The Conference was officially opened by H.E. Yoweri Museveni, President of the Republic of Uganda. President Museveni’s opening remarks urged Commonwealth countries to use their numbers to mutually promote investment and work together on security and cultural exchanges, noting that the population of Commonwealth countries is the third (3rd) of humanity and could be a great potential if properly used.

The President also tasked the delegates to examine the options on trade without disturbing the Continental Free Trade Area (CFTA), but rather revive the preferential trade arrangement. Furthermore, the President’s opening remarks highlighted the benefits of promoting scientific innovation for the good of humanity and single medium of communication. The President also called upon all delegates to work together to tackle climate change.

4. CWP CONFERENCE

The Commonwealth Women Parliamentary Conference (the CWP Conference) took place on 23 - 24 September 2019 under the theme “CWP at 30 Years: Achievements and Unfinished Business-Looking Forward to the Next 30 years”. The CWP Conference was officially opened by Hon. Rebecca Kadaga, the then President Designate of the 64th CPC.

The CWP Conference served as a platform to share experiences by all the former Chairpersons of the CWP. They highlighted the defining moments, achievements and challenges spanning 30 years of the existence of CWP which has shaped CWP into a visionary organization seeking to ensure gender equality and women empowerment. These were discussed under the following thematic areas: o The importance of mentoring for new Parliamentarians o Promoting Women to Leadership Positions o Empowering Women as Effective Legislators in the 21st Century o Combating Bullying and Harassment within Parliament

The CWP Conference noted that despite progress in the increased role of women in governance, women in many Commonwealth jurisdictions are still faced with inequality, limited representation in Parliaments or legislative bodies and unequal remuneration. To this end, women must guard against the reversal of gains in women representation in legislative bodies. One example that was cited was a situation in Finland where the Commonwealth had recorded success in women representation of 60 percent but lost heavily in the country’s last elections.

In mentoring new parliamentarians, it was observed that the space of being an parliamentarian is always monopolized to the advantage of men and as such, when women increasingly get involved, they get keenly scrutinized than their male counter parts. To this end, it was recommended that women parliamentarians need to have confidence to be able to execute their role. Parliamentarians are in the highest forum 58

4 where mentoring is not only a basic requirement but a fundamental necessity in asserting the role of women parliamentarians in their daily activities during their parliamentary term.

The CWP Conference further noted that women parliamentarians continue to be marginalized in the political space and as such, it is necessary to create a diverse political environment to enable equal participation. The promotion of women to leadership positions is now an international concern which has only been understood by men and women of wisdom. It is important that the question of 50/50 on gender balance must be accompanied by a sense of political will in promoting women to leadership positions and to further halt the marginalization of women through discrimination in access to education and political offices.

4.1 Forum for Women Parliamentarians and Persons with Disabilities

The CWP Conference also saw a launch of the Forum for Women Parliamentarians and Persons with Disabilities. This was proposed by CWP delegates in an initiative to amend the Constitution of the CPA to create a special forum out of the realization that the CPA provides a space for youth and women but does not provide for persons leaving with disabilities.

It was noted that creating such a forum will bring women with disabilities under one roof to discuss their issues within international structures of governance.

4.2 Election of CWP Chairperson

The CWP Conference elected Hon. Gulzar Khan from Parliament of Pakistan as new Chairperson of the Commonwealth Women Parliamentarians with 48 votes against 34 for Hon. Tara River from Cayman Islands. In her acceptance remarks, the newly elected CWP International Chairperson committed to drive the six pillars of the Strategic Plan of the CWP and work towards establishing women caucuses which is central towards ensuring cohesion within the CWP.

5. WORKSHOPS

The 64th CPC also held workshops on several topics. What follows is the summary of key issues and observations arising from the said workshops.

5.1 CLIMATE CHANGE: ACHIEVEMENTS, CHALLENGES AND EFFICACY OF PARLIAMENT INTERVENTIONS

Climate change is a serious global threat that demands forceful leadership and a strong international response. The adverse impact of climate change stands to harm economies, threaten national security and imperil communities and ecosystems. Climate change is a political issue that has the potential to unseat governments and determine the outcome of elections in democratic States. It represents one of the most serious threats to international security and the wellbeing of nations throughout the world, and hence it has taken centre stage in both domestic and international politics.

It has become a major agenda item of many nations, regional organisations and the United Nations. There is hardly any high-level political gathering where climate change is not discussed. the G-8 Summits, the United Nations Security Council and the UN General Assembly placed it high on their agendas.

During the Workshop climate change experts and parliamentarians are pushed for mainstreaming of climate change issues within government budgets and recommended the use of certificates of compliance before budget approval. The key message from the workshop was achievements, challenges and efficacy of parliament interventions on matters relating to climate change.

Delegates recommended the establishment of national climate fund to solve challenges of financing climate mitigation and adaptation actions. Commonwealth Parliaments were urged to address the following constraints to concrete action on climate change:

• the marginalization of the poor especially women who are impacted most by climate change because they mainly rely on natural resources; • limited funding for climate change action; • uncoordinated interventions, understaffed institutions, dependence on donor funds; and • lack of climate change laws to hold the governments accountable for mainstreaming climate change and to hold companies answerable for emissions.

To this end, experts urged Parliaments to

• facilitate public participation and ensure integration of climate change issues into committee programmes and focus on increasing adaptive capacity; • perform budgetary oversight function which is often forgotten; • urgently consider climate change certificate as a requirements before any budget is allocated; • take stock of adherence of individual countries to the Paris Agreement; • adopt a resolution on climate change to be taken to the Heads of State and track implementation thereafter; and • invest on free hydro system and cut off fossil fuel industry through complementing through electricity

5.2 INNOVATION IN PARLIAMENT: THE IMPACT OF SCIENCE AND TECHNOLOGY ON HOW PARLIAMENT WORKS TODAY

The workshop noted the following issues:

• that the ICT is central in advancing the objectives of a democratic parliament and democratic dispensation; • the ICT makes Parliament to be more accessible, transparent and it helps to facilitate public participation and public engagement; • ICT provides better access to parliament work by members of the public or constituencies; • ICT helps Parliaments to reduce costs, such as those associated with the buying of newspapers and the printing of order papers and other parliament documents such as committee presentations; 60

The workshop recommended the following:

• considering that the artificial intelligence which is one of the spinoffs of the ICT already results in job loses, Parliaments must consider ways and means of minimizing the negative effect of the ICT; • considering the abuse and bullying associated with use of social media, Commonwealth countries and parliamentarians need to have social media policy; • while social media is good, its negative effects must be reduced or limited; • Members of Parliament must treat each other with respect when using social media; and • Parliaments must ensure that adult education is prioritized to ensure that the elderly and society at large are not left out from reaping the benefits of the ICT.

5.3 STRATEGIES TO DEAL WITH YOUTH UNEMPLOYMENT (YOUTH RELATED TOPIC)

The workshop noted that unemployment problem has been most pronounced in low- income developing countries many of which are part of the Commonwealth. The general understanding of employment and unemployment should be premised on the basic economic principle that “the demand of labour is a derived demand”. In other words, labour demand or creation of employment is dependent on other factors including the labour supply side reflected in the structure and growth rate of both the population and the economy.

Presentations were made with Uganda as a case study highlighting the initiatives that the Ugandan government has taken to address youth unemployment and underemployment. These include policy and legal frameworks, strengthening of skills for enhanced labour productivity, expanding of livelihood opportunities, strengthening of the labour market information system as well as the strengthening of mechanisms to ensure organized, regulated and safe labour migration for the youth who have the desire to work outside the country.

The workshop recommended the following:

• reforming the education systems to provide practical skills and knowledge in areas that include creativity, innovation, mindset changes, business management, basic accounting and strategic management;

• strengthening the externalization of labour to address regulation, monitoring and accountability of peer-to-peer between respective ministries of countries including Ministries of Foreign Affairs, Labour, Education, Internal Affairs and Justice;

• provision of fiscal incentives for businesses that create job opportunities for the youth;

• promoting entrepreneurship and business management including support for incubation centers and linkages to providers of professional business services such as managing business relationships to address the knowledge transfer and eliminate mortality of business start-ups; 61

• increasing access to affordable finance including provision of grants to youth enterprises in order to create more jobs and sustaining the business;

• promoting opportunities for the creative industry including establishment of institutions such as football academies, sport centers.

• reforming laws and policies that are restrictive and protect those who are already in employment while reducing opportunities for entry; and

• focusing on climate change, encouraging forestation and planting of trees by the youth to create own business and income.

5.4 COMBATTING RAPID URBANISATION AND RURAL DECLINE-A CHALLENGE FOR THE COMMONWEALTH

The workshop noted the following:

• over half of the global population live in urban areas; • the challenge of rapid urbanization is a legacy of the colonial system which gave more preference to big cities where the colonial masters lived while neglecting rural areas where the most colonized lived; • political, social and economic factors, including the following, are responsible for increasing urbanization:

o unequitable distribution of resources between rural and urban areas; o industrialization and civilization that forces young and unemployed people to move from rural to urban areas; o limited availability of resources and opportunities in rural areas compared to urban areas; o migration of people to urban areas in search of job opportunities; o lack of facilities in rural areas and the need to access amenities; o availability of fewer job opportunities in rural areas; o lack of planning for urbanization; o lack of integrated planning for rural and urban areas; o more focus, attention and resource allocation is prioritized for urban areas at the expense of rural areas; and o preference by donors to urban areas instead of rural areas.

The workshop further noted that big cities may become more sustainable if they do the following:

• invest in the infrastructure to cater for the growing numbers of people in urban areas; • prioritize trade and investment at city level as cities are engines of economic growth; and • strive to create jobs by attracting investments.

The workshop acknowledged the following as some of the biggest environmental challenges that occur as a result of rapid urbanisation:

• disruption of waste management and inadequate treatment of waste; • waste pollution to rivers; • air pollution caused by lack of electricity that forces people to use firewood; • scarcity of water and other resources as people are competing for the scarce resources; and • inadequate infrastructure due to the density of the population in the cities.

The workshop identified the following as the role that Parliaments can play in raising awareness about the impact of rapid urbanisation and rural decline:

• educating themselves and their constituencies about rural challenges that drives people to urban areas; • realizing that rural challenges are different from urban challenges, therefore, there is no one size-fit-all kind of a solution; and • developing rural areas to ensure that people in rural areas do not have to go to big cities to access development.

The workshop recommended that:

• the CPA should support Commonwealth efforts on sustainable human settlements by partnering with locally elected leaders to frame policy for effective service delivery at local level;

• Parliaments should focus on regulating urbanization and the development of rural areas; and

• Parliaments should focus on building sustainable livelihood in rural and urban communities that are unique to their needs and circumstances.

5.5 THE ROLE OF PARLIAMENTS IN FACILITATING PERSONS WITH DISABILITIES AS ELECTORS, CANDIDATES AND LEGISLATORS

The workshop noted that the UN Convention on the Rights of Persons with Disabilities (the Convention) was adopted in December 2006 and entered into force in May 2008. The convention reaffirms a number of substantive rights for people with disabilities and marks a paradigm shift from an understanding of disability as a medical condition to one that sees disability as the effect of interaction between an individual’s impairment and the barriers society creates. According to the Convention the State Parties are obliged to bring their legal frameworks in line with the Convention’s core concepts of self- determination, equality, non-discrimination, participation, inclusion and accessibility.

The workshop was convened to amongst other things to fulfil the objective of submitting a proposal to the Commonwealth Parliamentary Association International Executive Committee for the establishment of a network of Commonwealth parliamentarians with disabilities and compile a report with recommendations to be shared with the wider CPA 63

9 membership to ensure information sharing on good practice on matters affecting people with disabilities.

The workshop recommended the following:

• legislatures must implement a Disability Inclusive Action Plan (DIAP) following consultation with stakeholders including removing bearers for people with disability to effectively perform their duties; • Parliaments must enact laws to eliminate all forms of discrimination against people with disabilities seeking political offices, besides developing suitable access and other physical infrastructure in the legislatures; • Parliament’s to ensure ratification of UN Convention on the Rights of Persons with Disabilities and seek to adopt optional protocol to promote transparency and accountability in upholding rights of persons with disabilities; • Parliaments to play a more proactive role in ensuring that ratification of the UN Convention on the Rights of Persons with Disabilities by the State is translated into tangible outcomes; and • Parliaments to promote a legislative agenda to domesticate the rights of citizens living with disabilities.

5.6 MENTORING SESSION: FOSTERING A CULTURE OF RESPECT, FAIRNESS AND DIGNITY: SEXUAL HARASSMENT HAS NO PLACE IN LEGISLATURES

The workshop noted the following:

• that sexual harassment happens because of imbalance of power as men are dominant at home and in Parliaments; • sexual harassment happens because of lack of respect; • men are usually the perpetrators of sexual harassment; • many people are not coming forward to report the acts of sexual harassment because they don’t have confidence in the system that seeks to protect them while others are scared of losing their jobs due to victimization; • sexual harassment can be defeated through cultural changes; • change of attitude can only come if more and more women are elected as members of Parliament or occupy positions of power in governments and in society; • education, training, policies and codes of conduct can play a significant role in the fight against sexual harassment; • there is a need for personal support for women who are victims of sexual harassment; • victims of sexual harassment should talk to trusted colleagues, friends and family members for assistance; • access to confidential psychological counselling is vital for victims of sexual harassment; • victims of sexual harassment should confide to mentors with parliamentary experience; • victims of sexual harassment should also seek support from women parliamentary caucuses; and • fighting sexual harassment is a responsibility of men and women.

The workshop recommended that:

• Parliaments should support women members of Parliament by providing confidential counselling services, fostering mentoring through programs such as the alumni initiative;

• respectful language should be used to uphold dignity and dignity for all;

• acts of sexual harassment should be prevented, and where they occur, they must be acted on;

• Parliaments must adopt a zero tolerance to sexual harassment with robust procedures which take complaints seriously, crucially including awareness raising about what is unacceptable; and

• in order to create and sustain gender sensitive culture, to combat discrimination and sexual harassment, Parliaments need to support more women into elected parliamentary positions at all levels.

5.7 THE ROLE OF PARLIAMENT IN THE DOCTRINE OF SEPARATION OF POWERS: ENHANCING TRANSPARENCY AND ACCOUNTABILITY

The workshop noted that separation of powers is a model for the governance of a state. Under this model, a state's government is divided into branches, each with separate and independent powers and areas of responsibility so that the powers of one branch are not in conflict with the powers associated with the other branches. The typical example of the doctrine of separation of powers is government’s division into a legislature, an executive, and a judiciary (the trias politica model). It can be contrasted with the fusion of powers in parliamentary systems and semi-presidential systems where the executive and legislative branches overlap.

Separation of powers, therefore, refers to the division of responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent of separation of powers is to prevent the concentration of unchecked power by providing for "checks" and "balances" to avoid autocracy, over-reaching by one branch over another, and the attending efficiency of governing by one actor without the need for negotiation and compromise with any other.

Presentations were made by India, Malaysia and Kenya to highlight efforts to ensure how the separation of powers is maintained in their various governments. A presentation was also made highlighting various treaties, declarations and plans of actions to ensure that Members of the Commonwealth maintain this separation.

The workshop addressed the following issues:

• since small states can see considerable overlaps in the Executive’s presence in and influence over the Legislature, what challenges do Legislatures in Small Branches face in maintaining a Separation of Powers? What can they do to meet such challenges? • does the doctrine of the Separation of Powers work in the context of subnational legislatures? If not, how can this be reflected to achieve greater parity? 65

• what powers and tools do legislatures have to ensure robust transparency and accountability over the Executive and the Judiciary? How can these mechanisms be strengthened? • since States now face challenges from super-national entities, should the separation of powers doctrine be extended to include regional and international governance bodies? • who keeps the balance? What role should the media and civil society play, if any, in terms of transparency and accountability and the separation of powers?

The workshop recommended as follows

• Parliaments must diligently secure practical and well-executed constitutional separation of powers for greater democratic dividends and good governance; • parliamentarians must be able to speak their mind in debates, without fear or favor; • Parliaments must ensure that that legislatures have robust independent accountability mechanisms (e.g. through select committees) by which Ministers are held to account;

7. THE GENERAL ASSEMBLY

The 64th CPC concluded with the General Assembly (the Assembly on 27 September 2019. The Assembly is the highest decision-making of the CPA. It is responsible for receiving reports form the organs of the CPA.

7.1 Absence of the Secretary-General

The Executive Committee reported the absence of the Secretary-General from the 64th CPC without valid reason. The Assembly noted that the conduct of the Secretary- General amounted to dereliction of duties, disrespect and contempt of the CPA. The outcome of the voting process favoured a position that the Secretary General must be suspended pending a disciplinary action.

The Assembly agreed to appoint Mr. Jarvis Matiya, Director of Operations, to perform the functions of the Secretary-General. Further, that, the Secretary General be put on special leave pending disciplinary action.

7.2 Increment of the membership/subscription fees

After an extensive deliberation, the Assembly agreed that membership fee be increased with 3% with effect from 2021. South Africa however voted against the increment.

7.3 Report on change of status

It was reported that that the processes are ongoing in ensuring the implementation of the Bangladesh resolution to transform the status of the CPA from a charity into an international organisation with a diplomatic status. A Working Group comprising of representatives from the nine regions of the CPA, with Kenya representing the African continent, will continue to pursue this matter. Further, that, the Working Group has since 66

12 convened a meeting during the 64th CPC to discuss this issue and they are expected to report at the 2020 CPA International Midyear Executive Committee Meeting.

7.3 Recruitment of the Secretary-General

It was reported that since the term of contract of the Secretary-General will end on 31 December 2019, there is a need to recruit a new Secretary-General. The Assembly decided to deal with the matter in a closed meeting.

7.4 Amendment of the Constitution

Parliament of Uganda proposed an amendment to article 29 of the Constitution. The purpose is to regulate the term of contract of the Secretary-General to make it clear that the Secretary-General shall be appointed for a period of four years. Further, that, the contract would be non-renewable.

South Africa proposed that the motion be amended so as to provide for the recognition of diversity in the appointment of the Secretary-General. The intention is to ensure that all regions have an opportunity to occupy the position of the Secretary-General. The proposed amendment was seconded by Namibia.

The Assembly agreed to refer the matter to the Working Group for further refinement and quality assurance.

7.4 Hosting of the 65th CPC

The Assembly agreed that Canada will host the 65th CPC in January 2021 and that Ghana will host the 66th CPC in 2022. The implication is that there will be no CPC in 2020.

8. OTHER MATTERS

8.1 Bilateral meeting Between South Africa Nigeria

The Chairperson of the National Council of Provinces, Hon Amos Masondo and the Deputy Speaker of the National Assembly initiated a Bilateral Meeting with the Nigerian delegation under the leadership of the Deputy President of the Senate of Nigeria. The intended objective of the meeting was to pave a way for the Chairperson of the National Council of Provinces to extend an invitation to the President of the Senate of Nigeria.

The purpose of the visit was to provide for a forum to share experiences between the two House and to discuss matters of common interest. Despite a keen interest, the meeting did not materialise as due to unforeseen circumstances, the Deputy President of the Senate had to leave the 64th CPC earlier than anticipated.

8.2 Bilateral meeting with representatives of Somaliland community living in Uganda 67

On 29 September 2019, the Chairperson of the NCOP and Deputy Speaker of the National Assembly met with the representatives of the Somaliland community residing in Uganda. The Somali`s requested this meeting to afford the leaders of delegation an opportunity to raise their internal territorial or rather sovereignty issues with a view to lobby South Africa to initiate solidarity mechanisms to help them gain recognition by the African Union and United Nations.

Following the discussion that emanated between the two delegations, the Chairperson of the NCOP explained South Africa`s foreign policy tenets on a belief to a right to self- determination in terms of international law and embrace multilateralism for a better united Africa and a better humane world. South Africa undertook to discuss the matter with the relevant committees within Parliament as well as the Ministry of International Relations and Cooperation. Once the undertaking has been made, it might be necessary for Parliament to invite Somaliland people.

8.2 Visit to former uMkhonto weSizwe Camps in Uganda

The Chairperson of the National Council of Provinces and the Deputy Speaker of the National Assembly met with the Speaker of the Parliament of Uganda to discuss relations between South Africa from a heritage and political perspective. This resulted in the Chairperson of the National Council of Provinces and the Deputy Speaker and Speaker/Deputy Speakers of the provincial legislatures South African leaders of delegation also visiting the heritage site marking the place where the former camps of uMkhonto weSizwe as well as the cemetery where the graves of the freedom fighters and soldiers of MK are buried. This visit was a testimony of the historical and political relations between South Africa and Uganda during the liberation struggle. It requires that the heritage and history that bind the two countries must be nurtured and never be allowed to diminish with the passage of time.

9. OVERALL OBSERVATIONS

The Commonwealth and CPA as its counterpart continue to be a strong multilateral platform to enable countries to concern themselves about challenges facing other countries of the world as outlined in the 1991 Harare Declaration and 1971 Singapore Principles. The Singapore Declaration had committed the Commonwealth to principles of international peace and order, global economic development and the rule of international law as essential imperatives to the security and prosperity of mankind;

At Harare, the Heads of Government dedicated themselves to applying these principles to then-current issues, such as the end of the Cold War, the near-completion of decolonization, and the impending end of the apartheid government in South Africa. To this end, the character of the CPA in its advancement of parliamentary democracy must be consistent to these principles when responding to challenges the countries of the Commonwealth and beyond.

The 64th CPC provided a proper platform for countries and delegates within the regions of the Commonwealth to deliberate and influence decisions on challenges faced by 68

14 humanity in general and developing countries with respect to inequality, poverty, unemployment and environmental degradation as a result of climate change.

The transformation of the CPA from charity into an international organization with a diplomatic status is central political imperative in ensuring that the CPA is able to influence and have impact in the decisions of the world. Although it remains a strategic forum to garner consensus on international issues pertinent to development for fundamental change in a new world order, the political posture of the CPA remains problematic and must be altered to the benefit of developing countries.

Africa must continue to assert itself in the CPA not only in the governance structures but must also on the direction that it takes. Africa must take the lead in the transformation of both the form and content of CPA. Transformation must permeate the Constitution, structures, symbols, colours and the programmes of the CPA. Africa must ask difficult but important question like whether it is necessary to continue to have the Crown as the symbol of the CPA, whether it is necessary to have a patron, whether it is necessary to read a message from the Patron. No matter how uncomfortable these questions may be, they are necessary for the transformation of the CPA. Africa must also answer the question whether the change in status should be dependent on the adoption of a law to that effect by British Parliament. This question remains central when the objective of transformation would be achieved.

Africa needs to take note of its geopolitical relations with its traditional allies. It was noted that during the 64th CPC Ghana and the Caribbean voted again Africa on the question of increment of membership/subscription fees. It was also noted that during the election of the Chairperson of the Executive Committee of CPA International in Mauritius, Africa was contested by the candidate from the Caribbean Islands. This also happened during the 6th CWP Conference wherein Cayman Islands contested Pakistan who was a candidate supported by Africa. This despite that in 2014 in Cameroon, Africa supported Cayman Islands for the position of the Chairperson of the Executive Committee. The current electoral processes with different outcomes do suggest that Africa seems to be losing its traditional allies in the Caribbean Islands to the countries of the global north. This should be a worrying phenomenon given that Africa`s development and liberation remains incomplete without the countries of the diaspora who forged these relations from the day’s slavery and colonialism.

It should remain a concern to Africa that after more hundred years of its existence, the CPC Programme remains the same, if not worse. For instance, the Programme of the 64th CPC did not allocate any time to Regional Caucuses as it is the practice. Less time, about two and half hours to be exact was allocated to the Assembly. The Assembly as the highest decision-making body must also be allocated more time to allow it to fully ventilate matters referred before it. Although the discussions in the workshops are important, Regional Caucuses are also import in order to afford Regions to discuss matters peculiar to them.

8. RECOMMENDATIONS

The following recommendations are proposed:

• a radical approach is required to fast-track the process of the transformation of the status of the CPA; • the CPA must work closer with the Commonwealth Heads of Government and communicate the decisions taken in the CPCs in order to track the implementation thereof; • individual branches must report on the status of ratification of the Paris Agreements and other international obligations to decisively respond to the threating challenges of climate change; • there is a need to follow up on the bilateral meeting with the President of the Senate of Nigeria; • CPA Africa region through its regional representatives should embark on goodwill missions to rebuild relations with its traditional allies in the Caribbean Islands; 70

Executive Summary of the Report of the 64th Commonwealth Parliamentary Association Conference: Kampala, Uganda (22 - 29 September 2019)

1. INTRODUCTON The purpose of this summary is to give an account of the outcomes of the 64th Commonwealth Parliamentary Association Conference held in Uganda on 22 - 29 September 2019 (64th CPC). The Parliament of the Republic of South Africa and provincial legislatures are affiliated and participate in the activities of the Commonwealth Parliamentary Association (CPA) at both regional and international level. Parliament and provincial legislatures represent the interests of South Africa in the CPA arena. This is in fulfilment of the strategic objective of deepening and enhancing parliamentary international engagement and cooperation.

The Parliament of Uganda hosted the 64th CPC on 23 - 29 September 2019 in Kampala, Uganda under the theme “Adaption, engagement and evolution of Parliaments in a rapidly changing Commonwealth.”

Background

The Conference discussed topical issues relating to Climate, strategies to reduce the rate of unemployment, Parliamentary intervention on aspects of Innovation and technology as well as matter emanating from rapid urbanization and rural decline. This were also followed by political and administrative issues emanating from the General Assembly. The South African Delegation further conducted bilateral relations with a number of member Parliaments from different countries.

OVERALL OBSERVATIONS

At Harare, the Heads of Government dedicated themselves to applying these principles to then-current issues, such as the end of the Cold War, the near- completion of decolonization, and the impending end of the apartheid government in South Africa. To this end, the character of the CPA in its advancement of parliamentary democracy must be consistent to these principles when responding to challenges the countries of the Commonwealth and beyond.

The 64th CPC provided a proper platform for countries and delegates within the regions of the Commonwealth to deliberate and influence decisions on challenges faced by humanity in general and developing countries with respect to inequality, poverty, unemployment and environmental degradation as a result of climate change.

permeate the Constitution, structures, symbols, colours and the programmes of the CPA. Africa must ask difficult but important question like whether it is necessary to continue to have the Crown as the symbol of the CPA, whether it is necessary to have a patron, whether it is necessary to read a message from the Patron. No matter how uncomfortable these questions may be, they are necessary for the transformation of the CPA. Africa must also answer the question whether the change in status should be dependent on the adoption of a law to that effect by British Parliament. This question remains central when the objective of transformation would be achieved.

8. RECOMMENDATIONS

The following recommendations are proposed:

• CPA Africa region through its regional representatives should embark on goodwill missions to rebuild relations with its traditional allies in the Caribbean Islands;

(f) Report of the 3rd Ordinary Session of the 5th PAP, Gauteng, - 2-18 October 2019 75

REPORT OF THE THIRD ORDINARY SESSION OF THE FIFTH PAN AFRICAN PARLIAMENT

Midrand, Gauteng Province, Republic of South Africa

02-18 OCTOBER 2019

1.CONTEXTUAL BACKGROUND 76

The Third Ordinary Session of the Fifth Pan African Parliament (PAP) was held in the Pan African Parliament Seat, in Midrand, Gauteng Province, Republic of South Africa, from 02 to 19 October 2019. The Session was held under the African Union (AU) theme of 2019: “Refugees, Returnees and Internally Displaced Persons: Towards durable Solutions to Forced Displacement in Africa.’’

Of significant importance to the Parliament of the Republic of South Africa, is the fact that the Session also witnessed the swearing in of the following Honourable Members who will represent the Sixth Parliament of the Republic of South Africa in the PAP:

• Hon. Ms. P.C.P. Majodina, MP; • Hon. Mr. A. Masondo, MP; • Hon. Mr. J. S. Malema, MP; • Hon. Mr. R. Majola, MP; and • Hon. Dr. M. Motshekga, MP.

The swearing in of the South African delegation took place during the Opening Session on 07 October 2019. The following are some of the rich and insightful presentations and debates that were part of the Programme of the Third Ordinary Session:

• Presentation and debate on the launching and implementation of the African Continental Free Trade Area; • Presentation and debate on the Activity Report of the PAP; • Presentation and debate PAP budget 2021; • Presentation and debate on 2020 African Union theme:” Silencing the guns: create conducive conditions for Africa’s development; • Presentation and debate on Committee Report on the Draft Model Disability Law; • Presentation and debate on the Report of the Committee on Audit and Public Accounts; and • Presentation and debate on peace and security; • The Third Ordinary Session also debated two motions (The Motion to pay tribute to the late President Robert Mugabe of Zimbabwe, and the Motion calling for the lifting of unilateral economic sanctions on Zimbabwe).

In addition to the abovementioned presentations, the PAP also held its Twelfth African Parliament Conference on Women’s Rights during the Third Ordinary Session, on 14 to 15 October 2019. Amongst the dignitaries who attended the Women Conference was Hon. Mrs. Pinky Kekana, South Africa’s Deputy Minister of Communications and Secretary General of the Pan African Parliament Women Organization (PAWO).

Also of seminal importance during the Third Ordinary Session of the Fifth PAP, was Hon. Majodina’s move of the Motion calling for the immediate lifting of the unilateral economic sanctions imposed on Zimbabwean Government by the United States, United Kingdom and the European Union.

This Motion was seconded by Hon. Togarepi Pupurai from Zimbabwe. However, due to time constraints, the debate on this motion was deferred to the Fourth Ordinary Session in May 2020. The Motion to pay tribute to the late President Robert Mugabe resulted in the naming of Committee Room 2 as Robert Mugabe Committee as a sign of respect and honour. At the end of the Session, the Pan African Parliament adopted resolutions and recommendations.

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2.THE GUEST OF HONOUR

The Guest of Honour was Rt Hon. Jeanine Mabunda Lioko, Speaker of the National Assembly of the Democratic Republic of Congo.

3. THE SOUTHERN AFRICA REGIONAL CAUCUS MEETING

The Southern Africa Regional Caucus met after the Opening Session, amongst others to designate new Members to the PAP Committees and to fill the vacant position of the Regional Caucus Vice Chairperson. In this regard, the five South African delegation to PAP were designated to the PAP Committees as follows:

• Hon. Ms. P. C. P. Majodina, MP, was designated to serve in the Committee on Gender, Family, Youth and People with Disability; • Hon. Dr. M. Motshekga was designated to serve in the Committee on Justice and Human Rights; • Hon. Mr. Malema was designated to serve in Committee on Audit and Public Accounts (CAPA); • Hon. Mr. A. Masondo was designated to serve in the Committee Trade, Customs and Immigration Matters; and • Hon. Mr. R. Majola was designated to serve in Committee on Rules, Privileges and Discipline.

In this regard, in addition to their participation in the Plenary discussions, all the five South African Members of Parliament in the PAP effectively participated and made instant impact in the activities of their individual Committees.

On the filling of the position of the Regional Caucus Chairperson, the Southern Africa Region unanimously elected the Hon. Member from Zambia to occupy the position of the Regional Caucus Chairperson.

4. ISSUES RELATING TO SOUTH AFRICA’S HOSTING OF THE PAP

4.1. The status of the Host Country Agreement

The status of the Host Country Agreement has always been a contentious issue in the Plenaries of the PAP. There has been a wide spread narrative which seem to suggest that the Host Country Agreement that the Government of the Republic of South Africa signed with the African Union in 2004 had expired.

This is however not true as the Host Country Agreement is in full force and functional. In this regard, the Department of International Relations and Cooperation is paying for the following activities associated with the Hosting of the PAP:

• The renting of the PAP precinct, which include offices and the Chamber at Gallagher Estate;

• Transport which transport the PAP Members, including the Bureau Members from their respective hotels to the PAP and from the PAP to their hotels;

• Security, which include the deployment of the South African Police Services during the Plenaries and Committee Sittings. This include static police based in the PAP Seat;

• State Security Agencies to facilitate accreditation during the Plenary and Committee Sittings of the PAP; and

• The provision of the protocol services to the President of the PAP when he is on official visit in South Africa.

The only parts of the Agreement that has expired are the technical annexures to the main Agreement. However, the Government of the Republic of South Africa and the African Union are on the ongoing negotiations to renew these technical annexures. This message was also communicated to the Plenary by the South African delegation during the debate on the Activity Report of the PAP.

While the misunderstanding on the status of the Host Country Agreement seemed to have cleared due to the abovementioned explanation that was given to the Plenary, there is a need for both the Government of the Republic of South Africa and the African Union to prioritise negotiations on the renewal of the technical annexures.

4.2. The building of the permanent seat of the PAP

In accordance with the provisions of the Host Country Agreement which the South African Government signed with the African Union to host the PAP, South Africa is expected to build the PAP headquarters/ Permanent Seat. 15 (fifteen) years since the formation of the PAP in March 2004, the building of the PAP headquarters has not yet been initiated.

It is not clear whether a site has been identified to build and it is further not clear when the building will start. This is a serious cause for concern considering the exorbitant annual rental fees that South Africa pays for the Hosting of the PAP.

In addition to the above, the current venue, Gallagher Estate, where the PAP is rented is not conducive to ensure the effectiveness and the efficiency of the PAP. There are limited office spaces for staff and Members of Parliament. This challenge will be more prevalent considering that the PAP is currently in the process of being transformed from its current status as a consultative and advisory body to an organ with legislative powers.

The lack of progress on this issue is becoming a thorny issue and an embarrassment, not only to the South African delegation, but to the Southern Africa Region as the Hosting Region. On the basis of the above, it is recommended that the South African delegation should prioritise this issue by requesting a progress report from the appropriate Departments. This will enable the South African delegation to the PAP not only to respond appropriately when the need arises in the Plenary, but to be able to track progress being made in the building of the PAP’s Permanent Seat.

4.3. Residence of the PAP President

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Although the responsibility to provide the house to the PAP President when he is in South Africa, is not part of the Host Country Agreement as it is just a courtesy from the Government of the Republic of South Africa, a house has been identified to accommodate the President of the PAP. The South African delegation conveyed this message to the PAP President who has indicated his willingness to occupy it. While the house is habitable, the following maintenance areas should be attended to before it can be occupied:

• Minor renovations and furniture; • Gate, Geyser, Electric fence and security camera not working; • No fridge; • The Department of Public Works uses part of the house (lounge & sitting room) as store room.

5. IMPORTANT ISSUES RAISED DURING PLENARY DEBATE

5.1. Presentation and debate on the Report of the Committee on Audit and Public Accounts (CAPA) October 2019

• The issue of the PAP staff numbers and their countries of origin came sharply during the debate on this presentation. Members questioned the logic behind bringing many people from outside South Africa to work in the PAP during the Plenary when the PAP can actually get those people without additional travel costs in South Africa;

• Hon. Majodina sharply raised serious concerns about the lack of the South Africans in the senior positions in the PAP Administration. She said this was a sore issue for the Parliament of the Republic of South Africa and she called for the audit of the PAP staff to determine who is from where amongst the PAP staff;

• On the concern that South Africa doesn’t disclose its contributions to the PAP to the external auditors, Hon. Majodina told the Plenary that South Africa doesn’t disclose its expenditure on the PAP to the external auditors, but we disclose to the Auditor General;

• Members also raised serious concerns about the abuse of resources in the PAP and allegations that certain issues raised by the external auditors were hidden from the CAPA Report. Members demanded that the CAPA Report should be accompanied by the report of the external auditors as an appendix;

• Members further raised concerns about the high turnover of the Clerks in the PAP and that the mandate to fire Clerks should be removed from the Bureau. It is the Plenary that should hire and fire Clerks not the Bureau. Members also submitted that the Clerk of the PAP, Mr. Harawa from Malawi, who was illegally dismissed by the PAP President should be reinstated.

5.2. Presentation and debate on Committee Report on Draft Model Disability Law

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The Presentation on the Draft Model Disability Law is one of the important initiatives undertaken by the PAP and it is aimed in ensuring that the interests of all the African citizens are equally advanced, promoted and protected. In this regard, Hon. Majodina on behalf of the Parliament of the Republic of South Africa participated in the debate and raised the following cardinal issues:

• That she was deeply concerned that as Africans, we seem to be good in talking and crafting good laws and policies, but drag out feet in the implementation of those laws and policies;

• She said it is high time that Africans must begin to walk the talk and ensure that our countries’ next delegations to the PAP should include a person with a disability;

• She expressed concern that the PAP Bureaux had only one woman (out of the five) with the Bureaux of Committees, the leaders of country delegations and Regional Caucuses are all dominated by men;

• She also strongly condemned the killing of people with albinism and called upon the African governments to take strong action against the perpetrators of these barbaric act;

• Even within the PAP staff and officials from our national Parliaments, there are no staff members or officials with disabilities;

• She urged the PAP and African Parliaments in general to respect people with disabilities and do nothing about them without them in accordance with their moto;

• Hon. Majodina called on the PAP to ensure that in its next Session it set aside a-day- of-accountability to check on the progress made in the ratification of the AU Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disability in Africa;

• It was concerning that only five AU Members States out of 55 have signed the Protocol but none have ratified it yet. Those who signed are Burkina Faso, Central African Republic, Gabon, South Africa and Togo;

5.3. Presentation and debate on the launching and implementation of the African Continental Free Trade Area (CFTA)

The African Continental Free Trade Area is a free trade area, outlined in the African Continental Free Trade Agreement among 54 of the 55 African Union nations. The free- trade area is the largest in the world in terms of participating countries since the formation of the World Trade Organization.

The objective behind the establishment of the AfCFTA is to create a single continental market for goods and services, with free movement of business persons and investments, and thus pave the way for accelerating the establishment of the Continental Customs Union and the African customs union.

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It is on the basis of the abovementioned importance of the AfCFTA to the African Continent that the Third Ordinary Session of the PAP discussed and debated it extensively. In this regard, the following issues were raised by the PAP Members during debate:

• That the AfCFTA has a huge potential for our continent as it brings together 1 billion African citizens; • That the facilitation of the free movement of people and goods will be a key factor in the success of the AfCFTA; • That the AfCFTA will be a catalyst in fighting unemployment, poverty and inequality; • That Africa must prepare its industries and business people in order to enable them to take full advantages of the opportunities that will be brought by the AfCFTA; • That the targeted date for coming into operation of the AfCFTA is 1 July 2020; • That in July 2019 the AU Summit (in Niamey, Niger) agreed on strict adherence on Rules of Origin; • That the schedules of tariffs will be finalised by 1 February 2020; • That the PAP must advocate and lobby member states to be part of the AfCFTA; • The AfCFTA has implications for the Malabo Protocol because technically PAP can only legislate on trade in Africa only after the AfCFTA is in operation.

5.4. Presentation and debate on peace and security

Conflicts, wars and instability are, but some of the issues that continues to affect progress and development in the African Continent. On the basis of the above, the presentation and debate on peace and security is a regular feature in the Programme of the PAP Sessions and it was also part of the programme of the Third Ordinary Session.

Accordingly, the following pertinent issues were raised by Members during the debate on peace and security:

• That conflict situation in some of the countries has negative implications for the AfCFTA as this will affect its smooth operation. Without peace there can be no development;

• A concern was raised that there was no report on Western Sahara and this seems to be a trend since Morocco’s re-admission to AU;

• That the issue of Western Sahara should remain in the agenda of the PAP until it is resolved;

• That some of the African leaders must respect the will of the people and stop clinging to power even when they are no longer needed;

• That the issue of the so-called xenophobic attack in South Africa was caused by criminal elements who are feeding drugs to young children and are involved in the illegal activities in South Africa;

• That South Africa is not xenophobic. In this regard, out of 12 people who died in the recent attacks in South Africa, 10 were South African citizens. Therefore, it is not factual correct that South Africa is xenophobic and that there were xenophobic attacks in South Africa;

• That the issue of illicit drug-trafficking should be included as part of ‘Peace and Security’.

5.5. Report on the Women Conference

The Pan African Parliament held its 12th Pan African Parliament Conference on Women’s Rights from 14 to 15 October 2019 during the Third Ordinary Session of the Fifth Parliament. The Conference was held under the 2019 African Union Theme: “2019, the Year of Refugees, Returnees and Internally Displaced Persons: Towards Durable Solutions to Forced Displacement in Africa”.

The Conference was facilitated by 4 Panels which facilitated discussions on the following 4 different important thematic topics.

Panel:

“Promoting Women Rights”: This Panel facilitated discussions on strategies for the implementation of women’s rights with particular reference to the Maputo Protocol, the situation of women refugees, returnees and internally displaced persons, women’s health, with particular focus on violence against women, challenges on domestication and implementation.

Panel 2:

“Economic empowerment of Women in Africa”: This Panel facilitated discussions on the challenges faced by women in the access and control of productive resources, education, use of ICT, mechanisms to access finance and particularly the ways to enhance women’s participation towards economic development relating to the implementation of the African Continental Free Trade Area.

Panel 3:

“Gender equitable Africa” is set as a priority sector by the Agenda 2063 and overview on the implementation roadmap of the African Women’s Decade (2010-2020): The panel evaluated the implementation of agreed global and regional commitments of gender equality and women empowerment.

Panel 4:

“The role of parliamentarians”: This panel was tasked with the responsibility to explore ways and tools to build the capacity of the members of Parliaments to put in place effective and functioning systematic structures and mechanisms to monitor and fast track ratification of AU Protocols and Maputo Protocol in AU member States that deal with women matters and also try to bridge the gap between policies and the inequality reality of women in Africa.

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The following are some of the important issues that were raised during debate on the above four thematic topics of the Conference:

• Women in decision making: The Continent has regressed in fighting for women to occupy senior and strategic decision-making positions. Currently Ethiopia’s President, Sahle-Work Zewde, is the only female head of state on the continent and this is largely a ceremonial position;

• Peace and security: Political and social instability has contributed to women finding themselves in refugee camps where they experience sexual abuse and lack of, and no access to health facilities, thus violating their dignity. The Dadaab Refugee Camp in Kenya is one example of this;

• Gender-based violence: The scourge of gender-based violence and femicide needs an emergency plan by all AU Member States. Let all delegates in the Conference go and lobby their governments for this emergency plan;

• A well-coordinated Plan: There is a need for a “Plan of Action” underpinned by the AU theme of 2019 “Year of Refugees, Returnees and Internally Displaced Persons”. In this regard, Hon. Majodina made a submission that this AU Theme be extended to 2020 due to these critical components relating to Refugees, Returnees and Internally Displaced Persons.

6. ISSUES OF CONCERN IDENTIFIED BY THE SOUTH AFRICAN DELEGATION DURING THE FIRST ORDINARY SESSION

6.1. Inadequacy of the current PAP Rules of Procedure

• There are many gaps in the current PAP Rules of Procedure;

• There is no decorum of the House. For instance, Members are walking in an out and talk to each other loud in the Chamber when the Plenary is in session;

• Late Members and those who enter the Chamber when the House is in session just walk straight to their seats without bowing to the Presiding Officer;

• Members can freely answer their phones or make calls while the House is in session;

• The current PAP Rules of Procedure seems to be inadequate to deal with the current challenges in the PAP, in particular during the Plenary Sittings. For instance, there is nothing in the Rules of Procedure which empowers the Members to move a vote of no confidence against the President and the Bureau;

• There is no sanction against Members who disrupt other Members without following parliamentary procedure;

• There is no sanction against Members who defy the orders and instructions of the presiding officers. In the current Rules, a Member can just stand up and shout while the other Member is on the floor. In the absence of adequate Rules of Procedure, all these seem to be normal;

• In addition to the above, time allocated to Members during debate is inadequate and there is no consistency in terms of time allocated to Members. Some Members are allowed to speak beyond the allocated 3 minutes, while others are cut before they can even exhaust 2 minutes of their time. The PAP should have a scientific time counter to avoid inconsistency on time allocation.

The South African delegation mandated Hon. Majola, a Member of the PAP Rules Committee to work with other Committee Members to strengthen the current PAP Rules of Procedure.

6.2. Delay in availing the presentations, reports and Order Papers during the Plenary

The delay in availing the presentations, reports and Order Papers creates serious challenges in our preparations to effectively participate in the Plenary debates. In some instances, presentations and reports to be debated in the Plenary are only availed on the day of the Plenary.

This affects our preparations and affects the participation of Members during debates as we don’t have sufficient time to scruitinise those documents. While some delays might not be avoidable, more specially when the presenters are coming outside the PAP or outside the country.

However, the delay in the timeous availing some in-house reports and presentations such as the Activity Report of the PAP, Committee on Audit and Public Accounts (CAPA) Report and Committee Reports is unjustifiable. The PAP should improve in this area and ensure that, at least, in-house reports are availed to Members 48 hours before their presentation and debate.

7. RECOMMENDATIONS FOR THE SOUTH AFRICAN DELEGATION

7.1. A comprehensive Workshop on the PAP

Although South Africa has been hosting the PAP for 15 years since 2004, there hasn’t been proper coordination amongst different organs and role players such as the Department of International Relations and Cooperation, Parliament, Department Public Works, Department of Justice, South African Police Services and the State Security Agencies which are involved in the hosting of the PAP.

The organisation of this workshop at the beginning of term of the Sixth Democratic Parliament will put the above stakeholders on par regarding their understanding of the PAP and its challenges. For instance, DIRCO could provide a comprehensive report and brief Members on the Host Country Agreement, including the progress report on the renewal of the technical annexures and any other challenge if any.

The Department of Public Works could provide a report and brief Members on the progress made in the building of the PAP permanent seat as per the provisions of the Host Country Agreement.

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The State Security Agencies and the South African Police Services could brief the Members on the security issues associated with the hosting of the PAP.

The Department of Justice and Constitutional Development could brief Members and present a report on the progress made in the ratification of the Reviewed Protocol/ Malabo Protocol.

This workshop could also discuss the hosting strategy, including challenges associated with the hosting of the PAP if any, and how to respond to those challenges. In this regard, the proposed workshop could help our Members to have a comprehensive understanding of the PAP and the work that has been done or being done by the Government of the Republic of South Africa in compliance with the Host Country Agreement.

On the basis of the above, it is recommended that the South African delegation should positively consider and support the recommendation to have this workshop early next year before the PAP Committee Sittings in March.

7.2. The exclusion of the South African citizens in senior positions in the Administration of the PAP

There are currently 08 (eight) South Africans employed by the PAP, and out of this 08 employees only one employee is employed at a Professional Level. However, even this employee is not at a senior management level and doesn’t attend management meetings in the PAP Administration.

The rest of the South African citizens are employed at a General Category which include drivers and ushers. The number of the South Africans employed in the General Category is also minimal and not in line with the AU Rules, Regulations and practices in other AU Organs such as the African Union Commission (AUC).

As a Host and a major financial contributor to the PAP and the AU, South Africa should take keen interest in the lives and progress of its citizens, not only to be employed, but to occupy senior positions in the Administration of the PAP.

Contrary to what is happening in the PAP, in the African Union Commission most of the jobs which fall under General Category are given to the Ethiopian citizens. On the basis of the above, it is recommended that the South African delegation should also consider not only to support the employment of the South African citizens in senior position in the Administration of the PAP, but also to ensure that most of the General Category jobs are given to the South African citizens.

Of significant importance in accordance with Hon. Majodina’s submission during the Plenary, it is recommended that the delegation from the South African Parliament

11 86 should demand a full audit report about the PAP employees and their countries of origin.

In the meantime, while waiting for the audit report, the PAP should prioritise the employment of South Africans to the current three senior vacant positions should it decide to fill them or put the process of filling those vacant senior positions in abeyance until the conclusion of the audit report as demanded by South Africa.

7.3. The slow process of ratifying the Reviewed Protocol of the PAP

This is regarded as little, yet very important step in the PAP’s quest for transformation from being an advisory body to an organ with legislative powers. Through the revised Protocol, the PAP will be empowered to develop the legal framework upon which Africa can begin the process of building strong democratic institutions that would deepen democracy, good governance, transparency and accountability, which are the prerequisites for development, peace and stability.

However, in order for the revised Protocol to come into force, it must be ratified by a sufficient number of Member States. In accordance with the provisions of Article 23 of the Protocol (Entry into Force) this Protocol shall enter into force thirty (30) days after the deposit of the instruments of ratification with the Chairperson of the AU Commission by a simple majority of the Member States.

In this case, a simple majority of AU Member States would entail 54 AU Member States divided by 2 plus 1, which is equal to 28 ratifications. States that have not ratified by then must accede in terms of Article 24 (1), by depositing an instrument of accession.

However, considering a number of contentious Articles in the Reviewed Protocol which seem to be contrary to the Constitution of the Republic of South Africa, the decision whether to ratify or not can only be taken after an extensive consideration and advice from the responsible Government Departments such as DIRCO and the Department of Justice.

On the basis of the above, it is recommended that the South African delegation prioritise the issue of ratification by requesting the progress report on the ratification of the Malabo Protocol.

7.4. The Review of the Host Country Agreement

The process of reviewing the Host Country Agreement between the Republic of South Africa and the African Union, in particular the technical annexures which expired on 31 December 2009, has been very slow. In this regard, in almost every Activity Report of the PAP during Plenaries, there has been complaints that the South African Government is failing to comply with some obligations as per the provisions of the Host Country Agreement.

On the basis of the above, it is recommended that the South African delegation should prioritise the finalisation of the process to review the technical annexures to the Host Country Agreement by requesting periodic progress report from the responsible Government Departments.

7.5. Follow up on the Motion calling for the immediate lifting of unilateral economic sanctions on Zimbabwe

Hon. Majodina moved a motion on behalf of the Republic of South Africa during the sitting of the Third Ordinary Session of the Fifth Parliament, calling for the immediate lifting of the unilateral economic sanctions on Zimbabwe. This was in response to the resolution of the SADC Heads of State and Government which recently called for immediate lifting of economic sanctions on Zimbabwe.

Although the motion received an overwhelming support in the Plenary, the debate on this motion was deferred to the Fourth Ordinary Session which will take place in May 2020 due to time constraints.

The Plenary further resolved to invite a senior Zimbabwean Government official who will brief the Plenary on the effect of these unilateral sanctions. On the basis of the above, it is recommended that the South African delegation should consider to make a follow up in ensuring that this motion is part of the Programme of the Fourth Ordinary Session as decided by the Plenary during the Third Ordinary Session.

7.6. Follow up on the Day of Accountability to check the progress made in the ratification of the AU Protocol to the African Charter on Human and Peoples’ Rights of Persons with Disability in Africa

During the debate on the Committee Report on Draft Model Disability Law, Hon. Majodina called on the PAP to ensure that in its next Session it set aside a-day-of- accountability to check on the progress made in the ratification of the AU Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disability in Africa.

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Based on the Committee Report which was submitted to the Plenary, out of 55 African States only 5 States (Burkina Faso, Central African Republic, Gabon, South Africa and Togo) that have signed this important Protocol, but none has ratified it.

Therefore, due to the concerning slow pace of ratification of this important Protocol, it is recommended that South Africa should consider to make a follow up in ensuring that the Fourth Ordinary Session of the PAP, set aside a day of accountability on the progress made in the ratification of the AU Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons.

EXECUTIVE SUMMARY OF THE THIRD ORDINARY SESSION OF THE 5TH PAP: 02-18 OCTOBER 2019

1.CONTEXTUAL BACKGROUND

• Hon. Ms. P.C.P. Majodina, MP; • Hon. Mr. A. Masondo, MP; • Hon. Mr. J. S. Malema, MP; • Hon. Mr. R. Majola, MP; and • Hon. Dr. M. Motshekga, MP.

of Communications and Secretary General of the Pan African Parliament Women Organization (PAWO).

2. RECOMMENDATIONS FOR THE SOUTH AFRICAN PARLIAMENT

2.1. A comprehensive Workshop on the PAP

The Department of Public Works could provide a report and brief Members on the progress made in the building of the PAP permanent seat as per the provisions of the Host Country Agreement.

The State Security Agencies and the South African Police Services could brief the Members on the security issues associated with the hosting of the PAP.

The Department of Justice and Constitutional Development could brief Members and present a report on the progress made in the ratification of the Reviewed Protocol/ Malabo Protocol.

2.2. The exclusion of the South African citizens in senior positions in the Administration of the PAP

In fact, during the Plenaries, some General Category workers such as drivers, ushers and service officers are brought from outside the Republic of South Africa. of concerning also is the fact that those individual employees brought from outside the country are paid more than the South Africans employed to do the same work, and they are being flown to the country using the PAP budget. As a Host and a major financial contributor to the PAP and the AU, South Africa should take keen interest in the lives and progress of its citizens, not only to be employed, but to occupy senior positions in the Administration of the PAP.

Of significant importance in accordance with Hon. Majodina’s submission during the Plenary, it is recommended that the delegation from the South African Parliament should demand a full audit report about the PAP employees and their countries of origin. In the meantime, while waiting for the audit report, the PAP should prioritise the employment of South Africans to the current three senior vacant positions should it decide to fill them or put the process of filling those vacant senior positions in abeyance until the conclusion of the audit report as demanded by South Africa.

2.3. The slow process of ratifying the Reviewed Protocol of the PAP

The ratification of the PAP’s reviewed Protocol is one of the important obligations of all the African Union Member States in general and PAP Member States in particular. After a lengthy and cumbersome process, the revised Protocol was adopted by the Assembly of Heads of State and Government during the Summit in June 2014, at Malabo, Equatorial Guinea. Amongst other things, the revised Protocol gives the PAP powers to draft Model Laws at the request of the African Union. This is regarded as little, yet very important step in the PAP’s quest for transformation from being an advisory body to an organ with legislative powers. Through the revised Protocol, the PAP will be empowered to develop the legal 92

framework upon which Africa can begin the process of building strong democratic institutions that would deepen democracy, good governance, transparency and accountability, which are the prerequisites for development, peace and stability.

The Protocol will enter into force for such a State on the date of deposit of the instrument of accession. In practice, the high number of ratifications required will mean that it will take several years to reach the 28 threshold. However, considering a number of contentious Articles in the Reviewed Protocol which seem to be contrary to the Constitution of the Republic of South Africa, the decision whether to ratify or not can only be taken after an extensive consideration and advice from the responsible Government Departments such as DIRCO and the Department of Justice.

On the basis of the above, it is recommended that the South African delegation prioritise the issue of ratification by requesting the progress report on the ratification of the Malabo Protocol.

2.4. The Review of the Host Country Agreement

This creates the impression that South Africa is failing to provide adequate support to the PAP as a Host Country and this view is expressed by Members of the PAP during debates and it puts the South African delegation in a difficult position of not being able to provide adequate and satisfactory response on the progress made in reviewing the Host Country Agreement, in particular the expired technical annexures. On the basis of the above, it is recommended that the South African delegation should prioritise the finalisation of the process to review the technical annexures to the Host Country Agreement by requesting periodic progress report from the responsible Government Departments. 93

(g) Report of the 141st IPU Assembly & related meetings, Serbia - 13-17 October 2019

REPORT OF THE 141st INTER-PARLIAMENTARY UNION ASSEMBLY AND RELATED MEETINGS

Belgrade, Serbia

13 – 17 October 2019

Prepared by: The International Relations and Protocol Division 95 1. INTRODUCTION

The 141st Inter-Parliamentary Union (IPU) Assembly and Related Meetings were held in Belgrade (Serbia) from 13 – 17 October 2019 under the theme “Strengthening international law: Parliamentary roles and mechanisms, and the contribution of regional cooperation.” This Assembly brought together around 153 countries and over 760 delegates1, of which 30,6 per cent (235) were women. This percentage of women parliamentarians is slightly higher than the 30,3 per cent of the 140th Assembly.

This Assembly had an ambitious and wide-ranging agenda, encompassing: gender equality, international law, universal health coverage, climate change, nuclear-weapon-free world, money laundering, circular economy, and human rights of parliamentarians.

The South African delegation to this Assembly was constituted as follows:

• Hon. Ms T. Modise, MP and Speaker of the National Assembly (Leader of the Delegation). • Hon. Ms S. Lucas, MP and Deputy Chairperson of the National Council of Provinces (NCOP). • Hon. Mr M. Ntombela, MP and House Chairperson of International Relations NA. • Hon. Ms M. Boroto, MP and House Chairperson of Committees NA. • Hon. Mr S. Mohai, MP and Chief Whip of the NCOP. • Hon. Dr A. Lotriet, MP. • Hon. Ms N. Bilankula MP. • Hon. Ms H. Mkhaliphi MP.

The delegation was supported by the following officials: Mr M. Wolela (Media support); Ms M. Monnakgotla and Dr N. Leibrandt-Loxton (Content support); Mr I. Mundell (Protocol support); Ms W. Chwaro (Support to the NA Speaker); Mr N. Rakgale (Content support to the NA Speaker); Ms S. Mvulane (Support to the NCOP Deputy Chairperson); and Mr S. Makhabane (Support to the NA House Chairpersons).

2. DISCUSSION

The 141st IPU Assembly was preceded by the following meetings:

2.1. The Africa Geopolitical Group meeting

The African Geopolitical Group meeting took place on 12 October 2019 with the sole purpose of adopting a common position on some of the items on the agenda of the 141st Assembly. The meeting was chaired by Mr Jacob Mudenda, Speaker of the National Assembly of Zimbabwe and considered the following:

• The emergency item for the 141st Assembly: Members supported an emergency item titled “Addressing climate change” proposed by the national delegation of India. • Nominations for the Executive Council vacancies: The Africa Group endorsed the nominations of Mr Jacob Mudenda, Speaker of the National Assembly of Zimbabwe, and Ms Esther Anyakun, member from the Parliament of Uganda for the two Executive Council vacancies. • Report of the representatives of the African Group in the Executive Council: The following key issues emerged from the report delivered by Ms. Oliveira Valente, MP (Angola): o Hosting of the 142nd, 143rd, and 144th IPU Assemblies: The 142nd Assembly will be held in Geneva, Switzerland, from 16 – 20 April 2020. The 143rd Assembly will be hosted by the

1 During the 141st IPU Assembly there were 17 single- sex delegations from the Parliaments of Belgium, Benin, Bosnia and Herzegovina, Bulgaria, Cote d’Ivoire, Ethiopia, Guatemala, Guinea, Latvia, Lesotho, Libya, Liechtenstein, Micronesia, Morocco, Poland, Turkmenistan, and Yemen. Page | 1 96 Parliament of Rwanda from 11 – 15 October 2020. The IPU has responded positively to Rwanda’s request for financial assistance to host the Assembly. The 144th Assembly will be hosted by the Parliament of Kenya in March 2021. o The Fifth World Conference of Speakers of Parliament will be held from 17 to 21 August 2020, a formal letter of invitation, accompanied by practical information, will follow in the coming weeks. o Questions relating to the IPU membership: The Executive Council continued to follow-up on the non-functioning of Parliaments in Eritrea, Algeria, Democratic Republic of Congo, and Guinea Bissau without interfering in their internal affairs. Also, due to the concerns raised by the Committee on the Human Rights of the Parliamentarians in the case of 57 former members and the current members belonging to the opposition political party, People’s Democratic Party, the IPU deployed a mission in Turkey from 10 – 13 June 2019 to gain a better understanding of the political and security environment and the impact on the functioning of the Turkish Parliament. o The IPU President, Ms Gabriela Cuevas address to the Africa Group meeting: In her opening remarks, she thanked the region for allowing her the opportunity to address the meeting and once again thanked the Group for supporting her presidency. Amongst others, she announced that during her presidency she has met with more than 20 Heads of State and Government, and one of the critical issues that emerged in these meetings was addressing the importance and the relevancy of the IPU, as well as the importance of the executive working closely with their national parliaments in making a world a better place. As parliaments are essential when it comes to the allocation of budgets, overseeing the implementation of international commitments and translating them into national legislation. She further noted that the 130th Anniversary of the IPU called for the realisation of the dream she verbalised three-years ago of making the IPU more relevant, transparent, democratic and inclusive organisation and the consultant has been deployed to make this dream a reality. This consultant has requested to engage all the geo-political groups, as their ideas and suggestions are important to the realisation of this dream. When it comes to accountability and transparency, the IPU has to lead by example; it does not make sense that meetings of the Executive Council are closed to the Member States. She further stated that as the President of the IPU, she believes that she is entitled to personally engage Member States and also to avail all the documents including her email address to the Member States. In order to do so, she is entitled to be provided with the contact information of all the Members States, and to date, the IPU Secretariat is refusing to provide her with such information. Therefore for the seek of accountability and transparency, she requests that she communicate directly with Member States and for the Member States to directly communicate with her. In this light, she requested Speaker Mudenda to provide her with the contact details (emails) of the Africa Group members as she wants to be closer to the members and parliaments. However, it is important to note that it is not clear from the address of the IPU President why the Secretariat denied her request for members' directory and also it is not clear what the IPU policies/practices states in this regard.

It should be noted that the SADC Caucus meeting chaired by Mr Peter Katjavivi, the National Speaker of Namibia, was also on 12 October 2019, and the views of the Caucus were in sync with those of the African Caucus. 2.2. The 30th Session of the Forum of Women Parliamentarians

The 30th Session of the Forum of Women Parliamentarians took place on 13 October 2019 and brought together 157 participants, including 82 parliamentarians from 76 countries. Among them, there were 72 women and 10 men. Page | 2

The President of the IPU, Ms Gabriela Cuevas Barron, welcomed the participants and amongst others, noted that the Session provided a source of energy to rewrite a new chapter for women, newer opportunities for women, and the full inclusive participation of women in politics. She further noted that although the number of women MPs has risen steadily over the past 25 years, it is still a sad fact that fewer than one in four parliamentarians globally is a woman. In this regard, she called for clearer steps and the review of commitments to change the future of women and the girl-child. Also, noted that the IPU would be organising a roadmap for the 25th anniversary of the Beijing Declaration and Platform for Action – an agenda for women’s empowerment that set out to remove the obstacles to women’s active participation in all spheres by ensuring that women play a full and equal role in decision-making.

The Forum, amongst others, considered the following:

2.2.1 Contribution to the draft resolution of the 141st Assembly from a gender perspective: To contribute to the resolution before the Standing Committee on Democracy and Human Rights titled “ Achieving universal health coverage by 2030: the role of parliaments in ensuring the right to health, the debate was conducted in two groups:

o Group 1 – Ensuring universal health coverage is responsive to the needs of women and girls and was chaired by Ms S. Hossein (Islamic Republic of Iran), and Ms S. Ataullahjan (Canada) was rapporteur of the Group. On this item, participants called for placing women’s needs at the heart of the approach by implementing health policies and programmes based on the human rights standards, including the principles of respect for autonomy and informed consent. In her submission, Hon. Mkhaliphi noted that “we cannot talk about Universal Health Coverage without mentioning access to affordable and acceptable modern methods of family planning. Research indicates that the majority of women of reproductive age in developing countries who want to avoid pregnancy are not using a modern contraceptive method due to the limited choice of methods and limited access to contraception, particularly among young people, poorer segments of populations, or unmarried people”.Therefore, she proposed the following amendment to Operative paragraph 9:

(9)Underlines the need for accessible health information, particularly about, and access to and choice of the widest possible range of safe, effective, affordable and acceptable modern methods of family planning and affordable health services for people living with disabilities or chronic physical and mental health conditions, and for efforts to empower and include them to be scaled up. This amendment was adopted by the Forum and was included in the final resolution adopted by the Standing Committee.

o Group 2 – Lifting legal, social-economic, and financial barriers for women’s and girl’s access to health care services and was chaired by Ms A Tolley (New Zealand) and Ms H. Alhelaissi (Saudi Arabia) was a rapporteur of the group. On this item, special attention was placed on women in vulnerable situations, such as rural women who were often ignored, and women in humanitarian settings, particularly those in armed conflicts. In her submission, Hon. Bilankula noted that “the only way to eliminate barriers to health-care services is to put women at the centre of government business, particularly policies. Therefore, she proposed an amendment to operative paragraph 4:

(4)Calls on States to ensure that national health policies and programmes are gender- sensitive and evidence-informed and in conformity with international human rights standards, and urges parliaments to remove legal or other barriers preventing access to health services, including through clear guidance to and adequate training of health personnel. This

Page | 3 98 amendment was adopted by the Forum and was included in the final resolution adopted by the Standing Committee.

2.2.2 Panel discussion on Equality at work – To mark CEDAW’s 40th anniversary, the Forum held a panel discussion on Eliminating discrimination in law chaired by Ms H. Gbedemah, Chair of the CEDAW Committee, Ms A. Vadai, Chair of the IPU Committee to promote Respect for International Humanitarian Law, Ms A El-Yassir, Regional Director of Europe and Central Asia and Representative for Turkey, Mr M. Timbine, member of Parliament (Mali), and Ms J. Hunt, Director of Europe /Eurasia: Equality Now. During the debate, participants called for a strong parliamentary mobilisation in response to the challenge of implementation of laws and policies in the areas of land ownership, employment, as well as nationality and citizenship. Parliaments were also identified as key in ensuring implementation of existing laws, in particular through strong oversight powers and advancing gender budgeting. They were also encouraged to be part of the CEDAW review process. In her submission, Hon. Bilankula, amongst others, urged members to take urgent and decisive action to put women and girls at the center of government and parliamentary business. Decisive, and immediate action for parliaments should include the following: o Ensuring through oversight their oversight mandates, the prioritisation, implementation, and enforcement of existing commitments (such as the Beijing Declaration and Platform for Action, CEDAW, and other relevant conventions and resolutions) to end gender discrimination.

She further noted that for the past 25 years following over 300 years of institutional apartheid underpinned by patriarchy, South Africa has been focusing on legislative reforms to remove all forms of discriminatory laws in the quest for a non-racist and non-sexist nation, as dictated by the Constitution. In addition to enacting laws prohibiting discrimination against women and the girl-child, South Africa established gender machinery including the Ministry of Women, the Commission for Gender Equality, as well as parliamentary committees, namely the Portfolio Committee on Women, Youth, and People with Disabilities and the Multi-Party Women’s Caucus. These structures are mandated to ensure that the provisions about gender equality in the Constitution and legislation are upheld. Furthermore, noted that for the first time, South Africa has a Cabinet with the same number of women as men. On gender violence, she amongst others noted that the Department of Justice is currently reviewing legislation including the Criminal Law Amendment (Sexual Offences and Related Matters) Act to ensure stiff penalties for perpetrators, including bail and parole denial. Also, that funds will be allocated to ensure the establishment of additional sexual offences courts over the next financial year. She also noted that these measures will go a long way in advancing the human rights of women and the girl-child.

2.3. Forum of Young Parliamentarians of the IPU The Forum of Young Parliamentarians meeting was held on 16 October 2019 and was chaired by Mr M. Bouva (Suriname), President of the Forum. The meeting considered the following:

• Country updates on youth participation: The Forum took stock of youth participation at the 141st IPU Assembly, noting that 20.4 per cent of those registered to attend the Assembly were young MPs. Although the percentage was slightly higher than the 140th Assembly, more young MPs were needed in all delegations to reach the minimum target of 25 per cent of young delegates at IPU Assemblies. On country updates, participants called for positive measures including the creation of caucuses of young parliamentarians in parliaments, lowering the ages to vote and to run for office, the introduction of legal provisions to restrict the financing of electoral campaigns as a way of leveling the playing field for youth.

Page | 4 99 • Contribution to the work of the 141st Assembly: On the general debate theme, participants called for greater youth responsiveness in efforts to uphold international law and human rights. On the Universal Health Coverage, they shared experiences on how to address health issues relevant to youth in the pursuit of universal coverage. • Future plans: The Forum agreed to focus on the theme of the 7th Global Conference of Young Parliamentarians on sharing experiences on youth policies. Also, agreed to take the opportunity to mark Beijing +25 and explore the best means to advance gender equality and the empowerment of young women.

3. AN OVERVIEW OF THE 141st ASSEMBLY AND RELATED MEETINGS

The following were considered during the 141st Assembly and related meetings:

3.1. Meetings of the Standing Committees

3.1.1. Standing Committee on Peace and International Security

The Committee meetings were held on the 15 and 15 October 2019 and were chaired by Mr J. Echaniz, MP (Spain), President of the Committee. The Committee considered the following items:

• Panel discussion on implementation of the 2014 resolution entitled Towards a nuclear- weapon-free world: The contribution of parliaments – The purpose of the debate was to allow the Member States to indicate how they followed up on this resolution in terms of legislation, holding committee inquiries, and asking questions to the Executive. Some of the issues that emerged during the discussion included the need for parliaments to prioritise nuclear disarmament by raising awareness on International Day for the Total Elimination of nuclear weapons, ratifying the Nuclear Non-Proliferation Treaty and the Comprehensive Nuclear Test Ban Treaty, monitoring national budget allocations to support nuclear disarmament, and negotiating a Nuclear Weapons Conventions to prohibit and eliminate nuclear weapons. In this regard, Hon. Lucas, amongst others, noted that achieving a nuclear-weapon-free world is of utmost importance to South Africa. The fact that the human and environmental devastation caused by decades of nuclear testing is still being felt today. And, the presence of over 1 billion firearms, contributing to more than 1000 deaths every day, in addition to the 65 million people uprooted by war, violence, and persecution should serve as an impetus needed to achieve a safer and world free of any form of arms and nuclear weapons. She further noted that South Africa, as a signatory to the Treaty on the Prohibition of Nuclear Weapons, voluntarily dismantled its nuclear weapons programme. Remain of the firm view that the only viable solution to the problem of nuclear weapons is their total elimination. It is really disingenuous and unacceptable that few countries keep arsenals and stockpiles of nuclear weapons as part of their strategic defence and security, while expecting others to remain at their mercy. Therefore, she called on Members States to sign and ratify the UN Treaty prohibiting nuclear weapons to rid the world of these tools of destruction. • Panel discussion criminalisation of money laundering: The discussion, amongst others, touched on the challenges to implementing parliamentary monitoring of the existing laws and to enforcing stricter ones in order to end corruption and money laundering crimes. During the debate, it was apparent that money laundering has huge economic and social consequences for countries. As it helps expansion of the black economy, undermines the global financial system and raises questions of credibility and transparency. It also encourages crime because it enables criminals to effectively use and deploy their illegal funds. It also "criminalizes" society as criminals can make legitimate profits by manipulating their illegal funds into legitimate businesses. Ultimately, money laundering undermines human development, international security, and national economies. It destroys the Page | 5 100 integrity of a country's financial system, diminishes government tax revenues and weakens government control over the economy. In this light, Hon. Mkhaliphi, amongst others, noted that South Africa as a member of the Financial Action Task Force (FATF), the international body which sets standards and policy on anti-money laundering and for combating the financing of terrorism is currently undergoing its fourth review on its domestication of the FATF’s 49 anti-money laundering Recommendations. Further noted that following robust parliamentary debate and public consultation, South Africa’s Financial Intelligence Centre Act is being amended to comply with FATF standards. The current review, of which the outcome will be made known in 2020, will ascertain the efficacy of these amendments. South Africa continues to strengthen and improve its efforts in this regard, and therefore wishes to encourage the parliaments of countries undergoing review to remain cognizant of the FATF Recommendations and the possible legislative and oversight issues that may emerge and require parliamentary intervention. • Debate on the next resolution of the Committee titled “Parliamentary strategies to strengthen peace and security against threats and conflicts resulting from climate-related disasters and their consequences”. The debate, amongst others, focused on identifying a set of practical measures and commitments to ensure parliaments contribute to the climate change and its impact on peace and security. During the debate, it emerged that climate change and climate-related disasters are expected to exacerbate food and water insecurity, as well as population displacement. As a result, the risks of political instability and violent conflicts increase and, in turn, will translate directly into national, regional and global security threats, potentially setting back development by decades, particularly in developing countries. Currently, two-thirds of the world’s population live in countries that are at high risk of instability as a consequence of climate change. Many of the countries predicted to be worst affected by climate change are also affected, or threatened, by violent conflicts. Tackling these challenges of climate-related risks require a holistic approach to State and human security that will include both shorter-term political, humanitarian, and security responses, and longer-term economic development and governance solution. In this regard, Hon. Mohai, amongst others, noted that South Africa fully shares the views expressed by the UN Secretary-General when he said: “countries must take urgent, joined-up, and decisive action to limit the effects of climate change as nature is striking back with fury.” He called on all of the Member State to heed this call through parliamentary interventions such as: Strengthening oversight to ensure the implementation of their countries' respective Nationally Determined Contributions. The UN indicates that the majority of states are struggling to meet their (already weak) targets, and global greenhouse gas emissions are still rising. He further urged parliaments of the largest emitters to push for their countries to adopt more aggressive commitments that are in line with the Paris Agreement, as it is unacceptable that zero-emission commitments come from vulnerable and small countries that have contributed least to climate change. Also, noted that in 2020, South Africa will be updating its adaptation Nationally Determined Contributions to reflect national progress on implementing a comprehensive adaptation response and updating international support requirements. He further noted that South Africa in the process of decommissioning old coal-powered plants. In conclusion, he noted that South Africa remains committed to its obligations under the Paris Agreement, under the UN Framework for Convention on Climate Change.

3.1.2. Standing Committee on Sustainable Development, Finance, and Trade

The Committee meetings were held on 14 and 16 October 2019 and were chaired by Ms V. Tsisi (Zimbabwe), the Committee President. The Committee considered the following items:

• Debate on follow-up to the resolution adopted in March 2014: Towards risk-resilient development: Taking into consideration demographic trends and natural constraints: The purpose of the discussion was to allow the Member States to indicate how they followed up on this Page | 6 101 resolution and to share good practices. In this regard, Hon. Mohai noted that in South Africa, relentless parliamentary oversight and actions had yielded positive results for the country, in terms of eliminating discrimination and combating corruption as well as illegal financial flows as per our National Development Plan: Vision 2030. On access to land, he noted that the South African Parliament passed a motion to establish an ad hoc committee to draft an amendment to allow for expropriation of land to speedily resolve the historical wrongs and to ensure equitable access to land and further empower the majority of South Africans, particularly women to be productive participants in ownership, food security, and agricultural reform programmes. On corruption, he noted that Parliament allocated adequate funds to ensure the establishment, functioning and the televising of a Commission of Enquiry headed by the Deputy Chief Justice of the Constitutional Court to investigate allegations of state corruption and fraud in all the organs of state. • Debate on the next resolution of the Committee titled “Mainstreaming digitalization and the circular economy to achieve the SDG, particularly responsible consumption and production” to be adopted by the 142nd IPU Assembly in 2020: The debate allows members to make suggestions for parliamentary actions to be included in the resolution. This debate was led by Mr P. Jensen, Head of Secretariat: International Resource Panel, Mr J. Kurbalija, Founding Director of DiploFoundation , and Mr D Spoiala, Senior Community Manager at EU-AU Digital Economy Task Force. The circular economy concept represents such a departure from the dominant ʺtake, make use and disposeʺ linear model of production and consumption. It instead encourages the reuse of materials, thus decreasing the demand for new resource and energy inputs and promoting efficient and sustainable management of natural resources throughout their life cycle. In doing so, economic growth is uncoupled from unsustainable resource use and stresses on the environment in terms of extraction, and carbon emissions and waste production are minimized. Initially propagated in urban and industrial waste systems, circular processes have now spread into sectors as diverse as mining and food production. Digital technologies have the potential to contribute to the reduction of resource consumption by enabling more resource-efficient production methods. In this regard, Hon. Mohai, amongst others, noted that South Africa has adopted circular economy, and our industry is estimated to be valued at R15 billion, supporting around 30 000 jobs. These numbers could be a lot higher if more of the country’s waste was recycled. Currently, due to weak infrastructure, the country is disposing billions of recoverable and recyclable waste every year, with much of it ending up in landfills and dumping sites. He further called on Members States to update their countries’ Climate Change National Determined Contributions to incorporate the circular economy, to ensure the achievement of the the Paris Agreement goal to limit global warming to 1.5 degrees Celsius above pre-industrial levels. Also noted that to achieve a successful circular economy, all hands must be on deck in terms of investment in proper waste infrastructure and technology. In this regard, a significant portion of the environmental levies from private businesses should be re-invested back into the development of infrastructure and operational costs to support public-private partnerships. Of necessity, Members need to work extraordinarily harder to remove the barriers to financing so as to get the circular economy off the ground. Moreover, he noted that Member States must work out incentives to businesses, financiers and civic society to maximise results. • Proposed changes to the mandate and functioning of the Committee: Based on the paper titled “Proposal for the constitution of an IPU Advisory Group on the Economy: Rational, composition, and methods of work, the IPU Executive Council decided to look into the restructuring of the Committee to ensure more focus on economic matters as a way of maximising IPU’s existing trade-related body- the Parliamentary Conference on the WTO and its Steering Committee. Option 1 involves renaming the Committee to Standing Committee on Sustainable Development to cover economic, social and environmental issues. Option 2 renaming the Committee to Standing Committee for Economic, Social, and Environmental Affairs. Once the Committee’s name is officially changed, Members States will be informed accordingly.

Page | 7 102 3.1.3. Standing Committee on Democracy and Human Rights

The Committee meetings were held on 14 and 16 October 2019 and were chaired by Ms A. Gerkens, MP (Netherlands). The Committee considered the following items:

• Debated and adopted a landmark resolution titled “Achieving universal health coverage (UHC) by 2030: the role of parliaments” calling for parliaments to take all legal and policy measures to achieve UHC. It also urges parliaments to put in place effective UHC legislation to ensure that the right to public health and medical care is guaranteed for all in law and practice, without discrimination. Of the 11 proposed amendments of the South African Parliament on the resolution, 10 were accepted in adopted the resolution:

Amendments submitted by South Africa at the 141st IPU Assembly in Serbia October 2019 10 11 1

Withdrawn amendment Total no of accepted Total no of submitted amendments amendments

Most important, the IPU Advisory Group on Health has proposed an accountability mechanism for the implementation of the IPU resolution on UHC. South African representative to this Group is Mr S.M Dhlomo, Chairperson of the Portfolio Committee on Health. The proposed accountability mechanism include: ü Annual reports: The IPU Members report on how they are implementing IPU resolutions. ü Debates: The IPU Standing Committees organize debates as follow up to IPU resolutions.

• Approved item for debate on the next resolution of the Committee “Worldwide legislation to combat online sexual child exploitation” proposed by the delegation of the Netherlands. During the 142nd Assembly, the Committee will hold a preparatory debate on this item, which will assist the Rapporteurs in drafting the resolution, which will be adopted by the 143rd Assembly.

3.1.4. Standing Committee on United Nations Affairs

The Committee meeting was held on 16 October 2019 and was chaired by Mr Peter Katjavivi (Namibia) Member of the Bureau of the Standing Committee on United Nations Affairs. The Committee debated the following:

• Panel discussion: Respect for international law in keeping with the UN Charter and other relevant resolutions: This discussion was led Professor Thomas Biersteker, Graduate Institute Geneva; Mr Jean Louis Falconi, Ambassador of France to Serbia; Ms A. Theologou, MP (Cyprus); and Mr P. Naek, MP (Pakistan). Some of the issues that emerged during the discussion include the following: All current UN sanctions are targeted, and are mainly employed to resolve armed conflict, support human rights, counter-terrorism, and stem proliferation activities. There are thirteen different UN targeted sanctions regimes in place, with several more currently under consideration by the UN Security Council. In the majority of cases, these sanctions do not work and do more harm than good, particularly to citizens. They are overused or under-used and in some instances are used to discriminate against certain individuals, and the majority of them are written by the USA, France, and

Page | 8 103 Britain. Lastly, there is a need to transform the Security Council to a point of one country, one vote principle to ensure democratisation of the Council’s decision-making processes. • Panel discussion: The 2019 IPU survey on the relationship between parliaments and the United Nations: This discussion was led Mr A. Motter, Senior Adviser: Office of the Permanent Observer of the IPU to the UN, who presented the results of the of 2019 IPU survey on the relationship between parliaments and the United Nations. The results, amongst others, revealed gaps between the authority that parliaments have to oversee UN affairs and their capacity or political will to actually exercise their authority. The majority of parliaments are unfamiliar with the UN negotiations and reform processes. The majority of parliaments appear to unable to oversee their countries’ budget allocations to the UN system. In this regard, the survey recommends that the Executive Council and the Standing Committee on UN Affairs review the findings of the study and provide guidance to the Member States.

3.2. The 205th Session of the Governing Council

The 205th Session of the Governing Council was held on 14 and 17 October 2019 and considered, amongst others, the interim report on the activities of the Secretary-General; report of the IPU President; financial situation of the IPU; questions relating to the IPU membership and observer status; activities of committees; and IPU’s future meetings. The following key issues emerged from this Session:

• Futures IPU meetings: The Governing Council approved that the 142nd Assembly will be held in Geneva, Switzerland, from 16 – 20 April 2020. The 143rd Assembly will be hosted by the Parliament of Rwanda from 11 – 15 October 2020. The 144th Assembly will be hosted by the Parliament of Kenya in March 2021. • A comprehensive evaluation of the relationship between the IPU and the UN: the Executive Council will be carrying out a comprehensive review of the relationship between the IPU and the UN. The Council’s recommendations will probably inform the Preparatory Committee of the Fifth World Conference of Speakers of Parliament in 2020 and the new IPU Strategy for 2022 –2026. The review, amongst others, will look at the actual added value of the IPU’s input in UN processes and the extent to which this input affects the final outcome. Since the signing of a Cooperation Agreement between the IPU and the UN in 1996, there has never been a comprehensive review of the relationship between the two organisations. • Questions relating to IPU membership and observer status: The list of observers has increased to 65, and this has resulted in logistical challenges during the IPU Assemblies. Consequently, there is a need to reduce the number of seats allocated to observers in meetings, for instance, from the current two seats to one, and also reduce their speaking time, particularly during general debates. Also, in recent years, there has been a growing trend for organisations that are not of parliamentary nature to seek observer status. The latest cases include the Gas Exporting Countries Forum and the Indian Institute for Sustainable Development. This may require the Executive Council to re-define priorities when it comes to new requests for observer status. One possibility may include focusing primarily on parliamentary organisations and international political party federations whose general objectives are shred by the IPU. Other organisations may be invited on a “once-off” basis.

3.3. The 141st IPU Assembly: General debate, adoption of an emergency item, and the Future Policy Award 2019

The following are some of the key issues on the agenda of the 141st IPU Assembly:

3.3.1 General debate on the theme of the Assembly: The opening of the General Debate on the theme “Strengthening international law: Parliamentary roles and mechanisms, and the contribution of regional cooperation” was led by, amongst others, Ms. Gabriela Cuevas, President of the IPU, Ms. Susan Kihika, President, Bureau of Women Parliamentarians, Mr. Melvin Bouva, President, Board of the IPU Forum of Page | 9 104 Young Parliamentarians, Mr. Gilles Carbonnier, Vice President, International Committee of the Red Cross, and Mr. Guy Ryder, Director-General, International Labor Organization (ILO).

On this debate, the IPU President, Ms Cuevas, amongst others, noted that “International law is today our best ally. It is a legitimate tool to improve people’s lives. As parliamentarians, we can ensure that international law is transposed into domestic legislation. And, we have the means to ensure that that legislation is duly implemented:

ü by developing effective and evidence-based policies and programmes. ü by allocating the necessary budgets, and ü by rigorously overseeing their successful implementation.

Where required, we can also undertake legislative and constitutional reforms to ensure that adequate legal frameworks are in place to incorporate international law into domestic legislation. The promotion and strict respect of international human rights law, international humanitarian law, and international criminal law are crucial for a peaceful and harmonious world. The legal instruments are there, and we have the legislative, oversight and budgetary powers to make a difference”.

On this debate, Hon. Speaker Modise, amongst others, noted that “South Africa is committed to justice and international law as enshrined in our Constitution and as reflected in the ratification of core international and continental treaties promoting multilateralism to secure a rule-based international system.Since 1994 our commitment to multilateralism is reflected in our foreign policy. Domestication of international law usually requires ratification by Parliaments and might need new legislation or amendment to existing national legislation, to ensure alignment with the provisions of international law. In South Africa, the lawmaking process requires robust involvement. Individuals, organized civil society, corporate sector, etc. get the opportunity to acquaint themselves, to consider express views that must be considered by any parliamentary process. South Africa, as a non-permanent member of the Security Council pioneered the adoption of Resolution 1809 in 2008 and Resolution 2033 in 2012 to further strengthen the UN relations with regional bodies, particularly the AU. We believe these multilateral organisations are better placed to address regional and global challenges and to implement agreements and resolutions and model laws. We support the rights of all the people in occupied territories…South Africa, therefore, calls for the support and strengthening of the capacity of regional parliament bodies like PAP and the SADC-PF. The SADC-PF has taken a progressive step to ensure the accountability of its member parliaments in the domestic processing of its resolutions through establishing the regional parliamentary model law oversight committee in 2018. This committee will monitor and evaluate progress made by member states in domesticating SADC model laws and implementing related laws and policies. South African remains committed to the world of peace and progress. We remain committed to multilateralism and respect for internationally agreed to instruments”.

The general debate ended with the adoption of the Belgrade Declaration: Strengthening international law: Parliamentary roles and mechanisms, and the contribution of regional cooperation. Through this Declaration, parliaments and parliamentarians committed themselves to, amongst others, (1) ensure the ratification and effective implementation at national level of international humanitarian law and human rights instruments as a critical step in ensuring that those entitled to protection actually benefit from it; and (2) Firmly respect and promote international human rights law, as well as international humanitarian law and international criminal law.

3.3.2 Adoption of an emergency item: The Assembly unanimously adopted an emergency item titled “Addressing climate change” proposed by the national delegation of India. The Resolution, amongst others, Calls on all parliamentarians to work with their governments in partnership with all stakeholders to implement Page | 10 105 the Paris Agreement by moving towards rapid implementation of the Sustainable Development Goals, thereby contributing to the enhancement of resilience and adaptation to climate change, and in particular calls on all parliamentarians to engage with youth to hear their voices and solutions to combat climate change and to open a dialogue with the younger generation. The South African delegation led by Hon. Speaker utilised its 17 allocated votes to support this item.

3.3.3 Future Policy Awards 2019: The Assembly held a special segment to celebrate the most impactful policies tackling humankind’s most pressing issues through the Future Policy Award on 16 October 2019. The aim of the Award is to raise global awareness for exemplary policies and speed up policy action. The World Future Council has awarded this annual prize since 2010 in partnership with UN agencies and the IPU. Under the Category: Decent and Sustainable Jobs for Youth Economic Empowerment: South Africa’s Expanded Public Works Programme that has generated over 8 million temporary work opportunities, 46 per cent of which benefitted youth received Future Policy Bronze Award, and Ms N. Kiviet, Deputy Minister of the Department of Public Works received the award on behalf of the country and Hon. Boroto attended the Session on behalf of Parliament.

4. BILATERAL ENGAGEMENTS

During this Assembly, Hon. Speaker Modise held bilateral engagements with her counterparts including:

o Ms Maja Gojkoviv, Speaker of the Serbian Parliament. o Mr Pascal Nyabenda, Speaker of the National Assembly of Burundi. o Ms Valentina Matvienko, Speaker of the Council of the Russian Federation. o Dr Ali Larijani, Speaker of the Consultative Assembly of the Islamic Republic of Iran.

5. RECOMMENDATIONS T

The following recommendations emanating from the 141st Assembly’s discussions are presented to the South African Parliament, particularly Presiding Officers for noting and action:

• Celebration of the 25th anniversary of the Beijing Declaration and Platform for Action and the 30th anniversary of the Convention on the Rights of the Child: In complementing the activities that the IPU has planned to celebrate these anniversaries, Parliament could consider holding activities including plenary debates to take stock of the country’s implementation of commitments emanating from these essential frameworks. • Endorsement of the IPU Advisory Group on Health proposed accountability mechanism for the implementation of the IPU resolution on UHC: Parliament as one of the main contributors to the adopted IPU resolution on UHC should consider endorsing the proposed implementation mechanism and these mechanisms are: (1) Annual reports: The IPU Members report on how they are implementing IPU resolutions; and (2) The IPU Standing Committees on Democracy and Human Rights organised debates as follow up to IPU resolutions. South African representative to this Group is Hon. S.M Dhlomo, Chairperson of the Portfolio Committee on Health. In this regard, the International Relations and Protocol Division will formally notify the office of Hon. Dhlomo about the proposed mechanism. • Note potential Working Groups vacancies: The IPU will be establishing several working groups including (1) Working Group on Science and Technology; (2) Working Group on Political Sanctions. Once established, the geopolitical groups (SADC and Africa Group) will be required to nominate members to serve in these groups.

Page | 11 106 • Exploration of the IPU’s training opportunities for MPs: Parliament should explore training opportunities provided by the IPU to parliamentarians and parliaments. For instance, on 9 October 2019, the IPU requested Parliament to nominate MPs, preferably below 30 years to attend the Executive Education Parliamentary Leadership Seminar to be held in Mexico City (Mexico) from 25 to 28 November 2019. The 2019 Report of the Executive Council highlighted that the IPU made 46 visits to 24 countries with the aim of, amongst others, (1) implementing training programs for MPs and parliamentary staff; (2) holding seminars on leadership; and (3) workshops as well as seminars on the implementation of treaties. Also, during the 27th Session of the Forum of Women Parliamentarians, the IPU President stated that the parliaments of Namibia, Georgia, United Kingdom, and Fiji with the support and assistance of the IPU were able to evaluate how gender sensitive they are. Also, the IPU has in numerous occasions stated that it is ready to assist parliaments in mainstreaming SDGs in their respective work and activities. This untapped source provides an opportunity for the Sixth Parliament to enhance MPs knowledge and proficiencies. In this regard, the IRPD should contact the IPU for information on all the training opportunities available to parliaments. • Reminder that the Fifth World Conference of Speakers of Parliament will be held from 17 to 21 August 2020, a formal letter of invitation, accompanied by practical information, will follow in the coming weeks. • Reminder that Parliament will be submitting a report on the implementation of IPU resolutions and decisions in 2021: During the general debate in March 2018, Hon. Mbete noted that the South African Parliament looked forward to report to the IPU in 2021 on its implementation of IPU resolutions and the impact made in South Africa. It is recommended that Parliament, through the IRPD, the PGIR House Chairpersons, the House Chairperson on Committees and Chairpersons of Committees should meet to discuss the measures that would need to be put in place in preparation for this report. In this regard, IRPD should prepare an advisory note with solid recommendations to inform discussions. • Reminder that a young South African parliamentarian under the age of 45, who is part of the national delegation to the IPU Assembly may address the General Debate, for a maximum of 2 minutes.

END

Page | 12

SUMMARY OF THE 141st INTER-PARLIAMENTARY UNION ASSEMBLY AND RELATED MEETINGS

1. INTRODUCTION

The 141st Inter-Parliamentary Union (IPU) Assembly and Related Meetings were held in Belgrade (Serbia) from 13 – 17 October 2019 under the theme “Strengthening international law: Parliamentary roles and mechanisms, and the contribution of regional cooperation.” This Assembly had an ambitious and wide-ranging agenda, encompassing: gender equality, international law, universal health coverage, climate change, nuclear-weapon-free world, money laundering, circular economy, and human rights of parliamentarians.

The South African delegation to this Assembly was constituted as follows:

2. DECISIONS OF THE 141st ASSEMBLY AND RELATED MEETINGS

• Resolution titled “Achieving universal health coverage (UHC) by 2030: the role of parliaments” adopted by the Standing Committee on Democracy and Human Rights. Of the 11 proposed amendments of the South African Parliament on the resolution, 10 were accepted in adopted the resolution: • Resolution titled “Strengthening international law: Parliamentary roles and mechanisms, and the contribution of regional cooperation” adopted by the General Assembly.

3. RECOMMENDATIONS

The following recommendations emanating from the 141st Assembly’s discussions are presented to the South African Parliament, particularly Presiding Officers for noting and action:

will touch on the institutional process of filling the questionnaire and identify relevant stakeholders. • Exploration of the IPU’s training opportunities for MPs: Parliament should explore training opportunities provided by the IPU to parliamentarians and parliaments. The 2019 Report of the Executive Council highlighted that the IPU made 46 visits to 24 countries with the aim of, amongst others, (1) implementing training programs for MPs and parliamentary staff; (2) holding seminars on leadership; and (3) workshops as well as seminars on the implementation of treaties. Also, during the 27th Session of the Forum of Women Parliamentarians, the IPU President stated that the parliaments of Namibia, Georgia, the United Kingdom, and Fiji with the support and assistance of the IPU were able to evaluate how gender-sensitive they are. Also, the IPU has on numerous occasions stated that it is ready to assist parliaments in mainstreaming SDGs in their respective work and activities. This untapped source provides an opportunity for the Sixth Parliament to enhance MPs knowledge and proficiencies. In this regard, the IRPD should contact the IPU for information on all the training opportunities available to parliaments. • Reminder that a young South African parliamentarian under the age of 45, who is part of the national delegation to the IPU Assembly may address the General Debate, for a maximum of 2 minutes.

END

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(h) Report of the SADC-PF Committee Meetings, Gauteng – 28 October to 4 November 2019 REPORT ON THE SADC-PF COMMITTEE MEETINGS, 28 OCTOBER – 4 NOVEMBER 2019, JOHANNESBURG

DRAFT REPORT ON SADC-PF COMMITTEE MEETINGS, 28 1 OCTOBER – 4 NOVEMBER 2019, JHB 1. REPORT OF THE REGIONAL PARLIAMENTARY MODEL LAWS OVERSIGHT COMMITTEE (RPMLOC) The Regional Parliamentary Model Laws Oversight Committee was presented with the Resolution which was concluded in May 2019 at the inaugural meeting of the Committee. In Johannesburg. The Resolution emphasised the following: • The raising of the profile of the Gender Responsive Oversight Model, • The awareness raising sessions for empowerment of women and mitigation of gender disparity, • The domestication of all SADC Model Laws towards support for gender mainstreaming of the instruments and protocols relating to gender, • That the Resolution be tabled in the 45th Plenary Assembly, and • That the Committee employs ways to monitor all Model Laws and related Forum GROM policy. The Committee heard and entertained expert presentations and made recommendations on the following: • The Impact and Sustainability of Election Observation in the Southern Africa Region Recommendations: - The development of standardised frameworks for reporting across missions guided by SADC Principles and Guidelines Governing Elections. There should be timeframes set for the release of reports to the public for each mission. - A monitoring framework should be developed for implementation of recommendations to improve on future electoral processes. - Provision of the necessary technical support to follow through on observer mission reports especially those pertaining to legal reforms. - Creation of a technical assistance division within SADC with the sole mandate of providing technical support to member countries modelled along the same lines as the United Nations electoral assistance framework. - SADC should have a political parties’ program to create dialogue among political parties. Post-election follow-ups in the event of disputes need to be put in place. - Missions should be restructured and professionalised, balancing the technical aspects of missions and the diplomatic aspects. - A resource mobilisation strategy should be developed for regional missions and member states should be willing to invest in observer missions.

DRAFT REPORT ON SADC-PF COMMITTEE MEETINGS, 28 2 OCTOBER – 4 NOVEMBER 2019, JHB • Principles, Approaches and Tools: Monitoring SADC Model Laws, Mechanisms for Treaty Oversight: Lessons Learned for Parliamentary Tools to Encourage Domestication of Model Laws.

Recommendations: - Tracking of progress on implementation. - Accelerating actions in terms of championing and advocacy. - Remedial actions to be thoroughly actioned. - Sustenance of political will within the legislative, executive and judicial space. - The engagement of traditional leaders and servicing emerging issues. - Tracking and prioritising resources as well as the all-important inclusion and participation. • Mechanisms for Treaty Oversight: Lessons learned for Parliamentary Tools to Encourage Domestication of Model Laws. Recommendations:

- The inclusion of civil society in parliamentary and national delegations for a better ownership of substantive issues, with domestic action more likely because demand has been created. - Parliaments must stay relevant to citizens across a range of areas. - There needs to be greater democratic accountability of international organisations. - Parliaments must look at greater involvement in international affairs which should be driven by political will and the revisit of the imbalance of power between the legislative and executive branches of state. - Member states should have and own a systematic and well-resourced review process which operates with the support of Non-governmental organisations and media to sustain public interest and a virtuous supply and demand.

The RPMLOC went further to discuss the mechanisms for the SADC Regional Monitoring and concluded by highlighting the following: - There is a need for an annual report on the monitoring of the Model Laws and that each Parliament should put together its own annual report. - There is a need to have a submission date for each annual report by each member state. - The annual report by member Parliaments should include data from the Executive and the importance of consultation with traditional leaders should be of paramount importance.

DRAFT REPORT ON SADC-PF COMMITTEE MEETINGS, 28 3 OCTOBER – 4 NOVEMBER 2019, JHB 2. REPORT OF THE HUMAN AND SOCIAL DEVELOPMENT AND SPECIAL PROGRAMMES COMMITTEE (HSDSP) The Secretary General of the SADC-PF opened the Committee meeting by highlighting the salient features of the Sexual and Reproductive Human Rights and HIV/Aids Governance Project to which all member Parliaments are part of. Since Madagascar is a formal member of the Forum the Parliament of Madagascar is part and parcel of the project. All members of the forum had, from the inception of the project been part of thereof. Full consultation had also taken place with the Clerks of Parliaments on the Project. The three-year Project aims at provisioning of SRHR for all without discrimination and it is run under the auspices of the Forum with Sweden as a funding partner. The SRHR Project is delivered in Phases and the second phase has commenced in June 2019. The first Phase was from 2014 to 2018. During its first Phase 7 Member Parliament were part of the Project. The Project is multi-dimensional and goes further to hone the skills of MPs within their mandates and constituencies. Further, that the Project also ties up with the scourge of early child marriages, teenage pregnancies as stigmas have ultimately to be done away with. The Project has so far produced key instruments including the 2016 Model Law on Eradicating Child Marriages, the 2018 Minimum Standards for Key Populations in the context of HIV and has also produced National Working Groups. Parliamentary staff members have also been capacitated on SRHR with a view to supporting Parliamentary initiatives. In addition, an analysis of prevailing legal and policy gaps has been done within Parliaments with a view to smoothing and opening the way towards the Project’s implementation by Parliaments. Members of Parliament in turn, could assist by reaching out and requesting for information for budgeting purposes towards the fulfilment of the Project’s outcomes. The Forum in turn, will facilitate the national Parliaments’ interactions with the patrons with specific undertakings as contained in the Joint Financing and Technical Cooperation Agreement. Amongst matters the member Parliaments need to take care of are - the signing of the Agreement, - The appointment of an SRHR Researcher (preferably to commence duties in November 2019) if possible. - Conducting a baseline survey,

DRAFT REPORT ON SADC-PF COMMITTEE MEETINGS, 28 4 OCTOBER – 4 NOVEMBER 2019, JHB - The institutionalization of the Project and making it an all-party responsibility within the all-party Women’s Caucus, - The Project would require dedicated leadership by all echelons of authority with the Parliament and it must be led by team work. - Monitoring and Evaluation should be done in order to track activities under the Project, - The Project’s budget needs to be broken up to facilitate activities through all levels. - Researcher should necessarily and ideally be appointed by the member Parliament.

The Committee heard and entertained expert presentation and endorsed recommendations on: • Sensitization on the SADC SRHR Strategy (2019-30) and the Role of Parliaments in prevention of SGBV and Unsafe Abortions among Adolescents girls and young women.

The presentation highlighted the strong link between SGBV and SRHR and HIV. In spite of the policies, legislation on gender quality and the removal of discriminatory practices against women which have been developed since 2000, GBV remains a challenge, there is high maternal mortality and morbidity within the region. HIV prevalence has not dissipated and many adolescent girls and young women face serious SRHR challenges. The public health systems also remain inadequately resourced.

The SADC Strategy is based on a shared vision to address these matters and relies on support by member parliaments in addressing these scourges. Further, the SADC Strategy requires political commitment, adequate resources and a free non-stigmatized approach. The Strategy Scorecard, a high level strategic tool commits member Parliaments to their commitments. It employs a multi-sectoral approach encompassing the legislative, oversight, budgetary and representative functions of Parliaments.

The Strategy Scorecard also entails and highlights the importance of evidence of performance so that there is evaluation of the successes and failures of the Strategy and also of the Project. This leads to sharing of experience, best practices, sharing of information in the manner of leave-no one-behind approach

DRAFT REPORT ON SADC-PF COMMITTEE MEETINGS, 28 5 OCTOBER – 4 NOVEMBER 2019, JHB with its focus on adolescents, young people, key populations (LGBTIQs), sex workers, men who have sex with other men (MSMs), transgender people, people in detention and people who inject drugs.

Recommendations: - The lobbying for affordable fees for treatment of SGBV and for safe abortions. - Working closely with partners to provide evidence-based research which informs debates and legislative interventions. - Members of Parliaments to lead debates on SGBV in Plenary and at Regional level in order to dispel stigmas attached to it. - The enactment of punitive legislation as a deterrent for perpetrators of gender- based violence. - Lobbying for special courts that will expedite cases of SGBV. - The engagement of traditional leaders to raise awareness on the adverse effects of SGBV and unsafe abortions. - There should also be leader programs on SGBV and unsafe abortions to influence behavior change.

3. REPORT ON THE STANDING COMMITTEE ON DEMOCRATISATION, GOVERNANCE AND HUMAN RIGHTS

DRAFT REPORT ON SADC-PF COMMITTEE MEETINGS, 28 6 OCTOBER – 4 NOVEMBER 2019, JHB 4. REPORT ON THE PARLIAMENTARY BUSINESS SUB-COMMITTEE 4.1 Hosting of the 46th Plenary Assembly The Committee resolved that: • A recommendation would be made to the Executive Committee for the 46th Plenary assembly to be held in Namibia between 12 December 2019 and 15 January 2020. However, a briefing is awaited from the Speaker of the National Assembly of Namibia. This recommendation was taken to Exco which then decided to request the indulgence of South Africa to host the 46th Plenary Assembly and the confirmation of the dates and venue of the Plenary. • It was also resolved that a special meeting of the Speakers of National Parliaments would be convened as a precursor to the 46th Plenary Assembly to deliberate on progress regarding the transformation of the SADC-PF into a Regional Parliament. • The DRC has intimated its interest to host the 47th Plenary Assembly in June/July 2020. Official communication has to be received in confirmation of this intention.

4.2 Parliamentary Business for the 46th Plenary Assembly The Sub-Committee considered and endorsed for further forwarding to the Exco of the theme “The Role of Parliaments in Promoting Universal Health Coverage”.

DRAFT REPORT ON SADC-PF COMMITTEE MEETINGS, 28 7 OCTOBER – 4 NOVEMBER 2019, JHB 117

EXECUTIVE SUMMARY: REPORT OF THE SADC-PF COMMITTEE MEETINGS

28 OCTOBER – 4 NOVEMBER 2019 JOHANNESBURG

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1. INTRODUCTION

The Committee Session preceding the 46th Plenary Assembly Session of the SADC-PF took place from 28 October to 3 November 2019 in Johannesburg, South Africa. The Standing Committees held joint and individual meetings to deliberate on various thematic issues of regional interest and concern that fall under their respective mandates in terms of the Forum’s Constitution and the Rules of Procedure.

2. RECOMMENDATIONS FOR PARLIAMENT EMANATING FROM EACH STANDING COMMITTEE

2.1 Regional Parliamentary Model Laws Oversight Committee (RPMLOC)

The Committee received expert presentations on the following topics:

• The Impact and Sustainability of Election Observation in the Southern Africa Region. The Committee agreed that: o SADC should have a political parties’ program to create dialogue among political parties. Post-election follow-ups in the event of disputes need to be put in place. o Election observation missions should be restructured and professionalised, balancing the technical aspects of missions and the diplomatic aspects. o A resource mobilisation strategy should be developed for regional missions and member states should be willing to invest in observer missions.

• Monitoring SADC Model Laws, Mechanisms for Treaty Oversight: Lessons Learned for Parliamentary Tools to Encourage Domestication of Model Laws. The Committee agreed that: o Tracking of SADC parliaments’ and governments consideration and implementation of SADC Model Laws are crucial.

• Mechanisms for Treaty Oversight: Lessons learned for Parliamentary Tools to Encourage Domestication of Model Laws. The Committee agreed that: o Parliaments must look at greater involvement in international affairs which should be driven by political will

2.2 The Human and Social Development and Special Programmes Committee (HSDSP)

The Secretary General of the SADC-PF opened the Committee meeting by highlighting the salient features of the Sexual and Reproductive Human Rights and HIV/Aids Governance Project. The Project has so far produced key instruments including the 2016 Model Law on Eradicating Child Marriages, the 2018 Minimum Standards for Key Populations in the context of HIV and has also produced National Working Groups. SADC parliaments were encouraged to:

o sign the Agreement, if they are interested in participating o appointing an SRHR Researcher (preferably to commence duties in November 2019), if possible o institutionalize the Project and making it an all-party responsibility within the national Women’s Caucus

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The Committee also received an expert presentation on the Sensitization of the SADC SRHR Strategy (2019-30) and the Role of Parliaments in the prevention of SGBV and Unsafe Abortions among Adolescents girls and young women. The Committee agreed to:

o Working closely with partners to provide evidence-based research which informs debates and legislative interventions. o MPs leading debates on SGBV in Plenary and at Regional level to dispel stigmas attached to it. o The enactment of punitive legislation as a deterrent for perpetrators of gender-based violence. o Lobbying for special courts that will expedite cases of SGBV. o The engagement of traditional leaders to raise awareness on the adverse effects of SGBV and unsafe abortions.

2.3 Trade Industry Finance and Investment (TIFI)

The TIFI Standing Committee met under the theme, ‘Data as an enabler of the digital economy.’ Following an expert presentation on the theme, the Committee agreed to the following recommendations:

o The SADC-PF and Research ITC Africa (RIA) agreeing to collaborate on the development of a Model Law on the Digital Economy which will set the normative standards on the o SADC parliaments urging their governments to identify and address factors limiting equal and equitable participation in the digital economy as a matter of urgency. o SADC parliaments encouraging their governments to promote an inclusive digital economy through accessible and affordable data pricing. o SADC parliaments recommending to their governments to take stock and domesticate regional and international agreements aimed at promoting people’s participation in the digital economy. Access barriers related connectivity, skills and education and others should also be addressed.

2.4 Food Agriculture and Natural Resources (FANR)

The Standing Committee on Food, Agriculture and Natural Resources (FANR) met under the theme, ‘Strengthening Parliamentary Oversight for enhanced Climate Resilience, Agricultural Growth and Food Security in SADC.’ Following presentations, the Committee agreed to various recommendations, including:

o To implore SADC Member states to fulfil their Seven (7) Malabo Declaration commitments and progressively allocate at least 10 per cent of public expenditure to appropriate and high- quality agriculture and nutrition. o Encouraging SADC parliaments through the Agricultural Portfolio Committees and individual parliamentary interventions to keep track of and exercise oversight of the implementation of the recommendations of the Malabo Biennial Review Report 2020. o Reiterating the need for SADC Parliaments and parliamentarians to fast-track efforts towards ending hunger in the region by 2025 and ensuring resilience to climate change through enhanced parliamentary action and oversight of these spheres. o Imploring SADC Parliaments to strengthen their oversight role in execution of policies, laws and budgets relating to climate change in general and in particular with regard to the Nationally Determined Contributions (NDCs) and the Green Climate Fund (GCF).

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2.5 Gender Equality Women Advancement and Youth Development (GEWAYD)

The Committee reaffirmed its commitment to contribute to the development of a fair and just society, where humans are not discriminated against because of their gender, race, age, sexual orientation and social standing. It considered the Forum’s Youth-led Accountability Framework and Tshwane Declaration and welcomed both. Accordingly, it requested the Secretariat to develop an amended version of the Accountability Framework that can be used by parliamentary committees, and also to develop an implementation plan for the Tshwane Declaration.

The Committee further noted that SADC-PF-affiliated parliaments are still hesitant to include young members in their delegations to SADC-PF. Member parliaments are therefore encouraged to do include youth members in their delegations.

2.6 Democratisation, Governance and Human Rights (DGHR)

The Committee largely reflected on the SADC Model Law on Elections. SADC Member Parliaments were informed that a user-friendly guide on the Model Law on Elections has been completed.

2.7 Report of the Joint Committee Session

The Joint Sitting heard expert presentations on:

• Linking Sexual Reproductive Human Rights to the Sustainable Development Goals, • Health Financing Trends, and • Universal Access to SRHR: Key Issues, Challenges and Opportunities in the SADC Region.

The Joint Session agreed on the need for SADC parliaments to remain committed to achieving universal health coverage in their respective countries.

3. CONCLUSION

The outcomes of the individual and joint committee session will be considered and adopted at the 46th Plenary Assembly.

ENDS

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COMMITTEE REPORTS

National Assembly 122

1. REPORT OF THE PORTFOLIO COMMITTEE ON HUMAN SETTLEMENTS, WATER AND SANITATION ON BUDGET VOTE 41, STRATEGIC PLAN AND ANNUAL PERFORMANCE PLAN OF THE DEPARTMENT OF WATER AND SANITATION, DATED 21 MAY 2021

The Portfolio Committee on Human Settlements, Water and Sanitation (hereinafter the Portfolio Committee) met with the Department of Water and Sanitation (the Department) and Entities (Water Research Commission, Trans-Caledon Tunnel Authority, Breede-Gouritz and Inkomati-Usuthu Catchment Management Agencies) undertaking work on its behalf on 11 and 14 May to receive briefings on Budget Vote 41, Strategic Plan and Annual Performance Plans, and reports as follows:

1. Introduction

The Department of Water and Sanitation’s mandate is set out in the National Water Act, 1998 and the Water Services Act, 1997. The Department’s legislative mandate ensures that the country’s water resources are protected, managed, used, developed, conserved, and controlled by regulating and supporting effective water supply and sanitation delivery. This is done according to the requirements of water-related policies and legislation that are critical in delivering on people’s right to have sufficient food and water, grow the economy, and eradicate poverty.

The Department of Water and Sanitation operates two financial accounts: The Main Account and the Water Trading Entity. The Main Account is funded from the fiscus (Vote 41), and the Water Trading Entity account mainly receives voted amounts from the Main Account toward implementing infrastructure and generating revenue through bulk water sales. The Department of Water and Sanitation delineates its expenditure from its previous four (4) programmes to three programmes in the financial year under review - Administration, Water Resources Management and Water Services Management.

2. Alignment of Government Outcomes to Defined Departmental Outcomes

The importance of water as a catalyst for economic growth, alleviating poverty and addressing inequities to fulfil the developmental agenda set for South Africa has found meaning in many initiatives of respective departments and entities. The management of national water resources contributes towards achieving South Africa's growth, development and socio-economic priorities equitably and sustainably, and it supports the achievement and attainment of an inclusive, sustainable and equitable economy. Overcoming poverty and inequality in South Africa demands improvements in water resource management and sanitation services enhancement.

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In response to the imperatives set by the government in the National Development Plan (NDP) and National Water Act of 1998, two of the seven priorities, as adopted by the government for the 2019 – 2024 administration, addresses the importance of secure and equitable access to water and sanitation as catalysts for socio-economic development and ensuring the right of access to sufficient food and water. Priority 2: Economic Transformation and Job Creation and Priority 5: Spatial Integration, Human Settlements and Local Government are key priorities influencing the Department of Water and Sanitation and its Entities. The water and sanitation sector has three key outcomes to achieve the impacts highlighted in the table below1:

Outcome 1: Water Security – Contribution to GDP growth by increasing infrastructure investment by both public and private sectors Water Security: Increase infrastructure investment by public and private Diversify the water mix through the implementation of the sectors – 8 per cent public and 15 per cent public contribution. Water and Sanitation Master Plan. Additional gauging stations developed by 2024, and existing stations maintained and refurbished. Reduce delays in water use licences – 3-12 months depending on complexity. Outcome 2:Improved Ecological Infrastructure – Natural resources are managed, and sectors and municipalities can respond to the impact of climate change Management, maintenance and restoration of ecosystems. Water resource classes and resource quality objectives by Adapt to climate change's impact by managing water resources that are 2024. protected, used, developed, conserved and controlled sustainably. Main stem rivers monitored for implementation of resource. Compliance monitoring of water users in various sectors with water use (a new indicator of 70). licences. Ten (10) Directed Measures (that is, classification, resource River eco-status monitoring implemented. quality objectives and the reserve) by 2024. The strategy implemented for Acid Mine Drainage mitigation. Mine water/wastewater management plans implemented (a new indicator of 3). Investigate non-compliance cases. Outcome 3: Access to Basic Services – Improved access to safe drinking water and access to adequate sanitation and hygiene to 90% and ensuring that of wastewater treatment works are operational Progressively reduce inequalities and improve people's health, dignity, and An approved National Sanitation Integrated Plan prosperity by improving access to reliable and quality basic services. implemented – two (2) implementation reports per annum. Water Services Authorities supported to develop and implement Municipal Percentage of Water Service Authorities to receive Priority Action Plans. acceptable scores on functional assessment of the Mussa. Eradication of Bucket Sanitation System. Annual assessment of all Water Service Authorities and 100 Refurbishment projects to address the functionality component of the per cent five-year municipal Priority Action Plans developed Water Services Authorities’ implementation of plans. annually in the Water Service Authorities falling in the Assess water treatment works for compliance with Blue Drop Regulatory priority districts. requirements. The number of refurbishment projects to address the Wastewater treatment works assessed for compliance with Green Drop functionality component of the WSA reliability Regulatory requirements. implementation plans – 693. Review current water legislation. The number of water treatment works assessed for Feasibility studies for rehabilitation of new dams. compliance with Blue Drop Regulatory requirements – 1 010 every 2 years – alternating with Green Drop assessments. 963 wastewater treatment works assessed with

1 Information sourced from the Medium-Term Strategic Framework, 2019 – 2014, Department: Panning, Monitoring and Evaluation.

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Green Drop Regulator requirement, every 2 years alternating with Blue Drop assessments. 693 non-compliant water systems monitored. 371 annually. 585 non-compliant wastewater systems monitored against the regulatory standards – 260 annually. Development of 371 annual District Municipalities Five- Year Reliability Plans. Eradication of bucket sanitation system in formal areas – 40 000. Annual target of 52 249. Review Regulatory Framework on Water Ownership and Governance (Water Rights, Water Allocation and Water Use) by 2024. The number of dams rehabilitated projects and new dams constructed – 9 dam rehabilitation projects implemented in the IGR impact zones by 2024. 9 provincial plans implemented in support of the Integrated Water Resource Plan. 52 projects implemented by 2024 of new water sources to be expanded (seawater, desalination), underground water (aquifers). Effective water use (Re-use, recycle and purification and Water Harvesting.

2.1 Summary of Water and Sanitation National Priorities for 2019 – 2024 aligned to programme targets

Over the medium term, the Department will focus on regulating and managing water resources and providing integrated and sustainable water services management, infrastructure planning and development. The national priorities for the water and sanitation sector identified in the National Water and Sanitation Master Plan focus on Water and Sanitation Management and Improving Water Quality. On Water and Sanitation Management, the intention is to reduce water demand2 , increase supply; protect and restore ecological infrastructure; improve raw water quality; regulate water and sanitation; manage effective water and sanitation services, and redistribute water and sanitation services. On Improving Raw Water Quality: manage data and information; create effective and efficient institutions; enhance strategic water partnerships; amend legislation; ensure financial sustainability; enhance strategic water partnerships, and build human capacity for action.3

To attain the broad objectives related to water resources management and water services management, the Department defined the following objectives within each of its programmes, summarised as follows:

2 South Africa’s water resources are limited and, in global terms, scarce. The demand for water is growing due to the following factors: a high population growth rate, a developing economy, and the urgent need to supply water services to millions of people without water services. Reducing water leaks and preventing water from being wasted in agriculture and industrial sectors could significantly increase available potable water supplies in South Africa. Water demand management or reducing demand on current water sources aims to increase water efficiency through both wise use and reduction. It involves the application of selected incentives to promote efficient and equitable use of water. 3 Department of Water and Sanitation – Revised Strategic Plan for the Fiscal Years 2020/21 to 2024/25.

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2.1.1 Programme 2: Water Resources Management

The objectives over the medium-term to achieve outcomes over five years comprise the following:

• Effectively manage water demand and supply by reviewing six water resource monitoring programmes by March 2024. • Maintaining six water information systems on an ongoing basis. • Effectively manage water and sanitation services by implementing and monitoring progress on the priorities of the water and sanitation master plan on an ongoing basis. • Ensure the effective and sustainable management of water resources by distributing and monitoring funds transferred to the Water Trading Entity for the design, construction, commissioning and rehabilitation of bulk raw water infrastructure and dam safety on an ongoing basis. • Create an enabling environment for water's economic and social regulation by establishing an independent economic regulator, implementing pricing regulations for water services, and finalising the gazetting and monitoring of the raw water pricing strategy by March 2024. • Strengthen oversight by implementing monitoring programmes for drinking water, wastewater and mine water quality and implementing mitigation measures in catchments with the potential for acid mine drainage by March 2024. • Ensure the protection of water resources by coordinating and monitoring compliance with standard, licence conditions and regulations across all sectors on an ongoing basis. • Ensure the effective enforcement of compliance with water legislation by monitoring water use through conducting investigations and providing legal support in cases of unlawful water use on an ongoing basis

2.1.2 Programme 3: Water Services Management

The objectives over the medium-term to achieve outcomes over five years comprise the following:

• Enhance water use efficiency and water quality management by assessing eight large water systems for water losses by March 2024. • Ensure adequate water availability through the development and management of infrastructure for water resources, and enhance the provision of sustainable and reliable water supply and sanitation by implementing 20 large regional bulk infrastructure projects over the medium term, transferring funds and monitoring the performance of municipalities on the regional bulk and water services infrastructure grants in terms of the annual Division of Revenue Act.

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2.2 Revisions to the Strategic Plan

The Department highlighted in its presentation that due to budget constraints and the impact of COVID-19, the following revisions were made to the Strategic Plan:

• Revised indicator4 of 5 on annual Municipal Strategic Self-Assessment (MuSSA) reports on water services authorities’ performance in providing water and sanitation services. • Revised indicator of 396 on an average number of water users in various sectors monitored for compliance with water use licences per year.

3. Budget Allocations over the Medium-Term Framework aligned to Performance Targets for the 2021/22 financial year

Over the medium-term, the Department will focus on regulating and managing water resources; and providing integrated and sustainable water services management, infrastructure planning and development. Expenditure is expected to increase at an average annual rate of 2 per cent, from R17 billion in 2020/21 to R18 billion in 2023/24. Cabinet approved reductions on the Department’s baseline amounting to R1.3 billion over the Medium-Term Expenditure Framework period, mainly on the compensation of employees, which is expected to decrease at an annual average rate of 2.3 per cent, from R1.9 billion in 2020/21 to R1.7 billion in 2023/24. The table below provides an overview of expenditure over the medium-term:

Programme Medium-Term Expenditure Estimates Rand (thousand) 2021/22 2022/23 2023/24 Administration 1 950 914 1 972 498 1 980 973 Water Resource Management 3 538 027 3 567 644 3 662 356 Water Services Management 11 925 777 11 421 139 11 899 446 Total 16 910 080 17 439 588 18 035 399 Economic Classification Medium-Term Expenditure Estimates Rand (thousand) 2021/22 2022/23 2023/24 Compensation of employees 1 805 225 1 787 000 1 741 701 Goods and services 1 691 190 1 755 782 1 799 409 Transfers and subsidies 9 214 139 9 476 225 9 880 730 Payment of capital assets 4 199 526 4 420 581 4 613 559 Total 16 910 080 17 439 588 18 035 399 Source: Presentation by the Department of Water and Sanitation, 11 May 2021

Transfers and subsidies account for 54.5 per cent (28.6 billion) of the Department’s expenditure, increasing at an average annual rate of 3.8 per cent, from R8.8 billion in 2020/21 to R9.9 billion in 2023/24. The remaining expenditure over the same period is on payments for capital assets (R13.2 billion) and goods and services (R5.2 billion).5

4 The previous unit of measurement has been revised from number of water services authorities to finalisation of the MuSSA reports. 5 National Treasury, Estimates of National Expenditure 2021, Vote 41: Water and Sanitation.

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3.1 Programme 1: Administration

The purpose of this programme is to provide strategic leadership, management and support services to the Department. The programme also develops and promotes international relations on water resources management with neighbouring countries. This programme is allocated 11.5 per cent of the overall departmental budget, translating to R1.95 billion in the 2021/22 financial year. The table below provides an overview of the targeted outputs for this programme:

Outcomes Outputs Output indicator 2021/22 Effective, efficient Financial recovery and turnaround % implementation of the financial 90% and development- plan implemented recovery and turnaround plan oriented Department % expenditure on an annual budget 100% Number of debtor days 120 days Targeted procurement supporting % procurement budget spent on QSEs and 15% SMMEs EMEs (a) Women 40% (b) Youth 30% (c) People with disabilities 7% Annual international relations % implementation of the 2021/22 annual 75% implemented international relations programme Source: Presentation by the Department of Water and Sanitation, 11 May 2021

3.2 Programme 2: Water Resources Management

The purpose of this programme is to ensure that the country’s water resources are protected, used, developed, conserved, managed and controlled sustainably for the benefit of all people and the environment. This is done by creating a knowledge base and implementing effective policies, procedures and integrated planning strategies for water resources. This Programme, which constitutes 20.9 per cent of the overall departmental budget, is allocated R3.53 billion in the 2021/22 financial year, up from R3.37 in 2020/21. The table below provides an overview of the targeted outputs for this programme for the 2021/22 financial year:

Outcomes Outputs Output Indicator 2021/22 Ecological Water resource classes Number of river systems with water Implementation plan – infrastructure and resource quality resource classes and determining (Thukela) protected and objectives determined resource quality objectives 2 – Inkomati-Usuthu and Berg- restored and monitored Number of river systems monitored for Olifants the implementation of resource directed 81 measures

Number of rivers in which river eco- status monitoring programme is implemented Water demand Integrated water Water and sanitation master plan Annual update of the master reduced, and resources updated plan water supply plans/measures 2 – Integrated Vaal and Western increased developed Cape Number of reconciliation Number of reconciliation strategies strategies completed completed 8 Number of operating Number of operating rules and specialist 2 – Pongola-Mzimkhulu and rules and specialist strategy studies completed Berg-Olifants and Breede- strategies completed Gouritz

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Water demand Number of climate change updates for 1 inception report reduced, and risk and vulnerability assessments water supply increased.

Water demand 7 water resources Number of water resource monitoring 4 reduced, and monitoring programmes programmes reviewed and maintained water supply and 6 information Number of water and sanitation 6 increased systems reviewed and information systems maintained maintained National digitised integrated water and sanitation monitoring system Design/Solution/architecture Gauging stations implemented refurbished to improve management decisions

Water demand Gauging stations Number of gauging stations/weirs 1 (Lindley) reduced, and refurbished to improve constructed water supply management decisions increased Water demand Maintenance plans % scheduled maintenance projects 50% reduced, and implemented completed water supply % unscheduled maintenance projects Approximately 20% increased completed Number of dam safety projects 20 evaluations completed Number of dam safety rehabilitation 2 – Bloemhof and Mthatha Dam projects completed 4 km Number of kilometres of conveyance systems rehabilitated

Adherence to water % adherence to water supply agreements 80% supply management Enhanced Water resource National Water Act Amendment Bill Draft 1 of the Bill for public regulation of the regulatory prescripts developed consultation water and developed and National Water Resource Strategy NWRS-3 for approval sanitation sector monitored Edition 3 developed Raw water charges developed 2022/23 raw water charges % of applications of water use 80% authorisations finalised with regulation period Number of water users monitored for 324 compliance Number of reported non-compliance 80% cases investigated Water Streamlined water Performance of water resource Annual performance and distributed for resources management institutions evaluated against their quarterly reports for 4 entities transformation institutional performance plans 2 arrangements Number of catchment agencies gazette for establishment Draft legislation for the Water National water infrastructure agency establishment of an agency distributed for gazetted for establishment Transformation report of 5 transformation Number of irrigation boards transformed Irrigation Boards into Water into water user associations User Associations Water economic regulator gazette for Second draft business cases establishment

Source: Presentation by the Department of Water and Sanitation, 11 May 2021

3.3 Programme 3: Water Services Management

This programme aims to develop, rehabilitate and refurbish the raw water resources and water services infrastructure to meet the socio-economic and environmental needs of South Africa. This is the priority

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Programme of the Department, as it receives the highest allocation of the entire departmental budget. Briefly, this programme receives R11.4 billion in the 2021/22 financial year, which constitutes 67.5 per cent of the overall departmental budget. However, this programme reflects a nominal rand decrease of R384.6 million compared to the 2020/21 financial year. The table below provides an overview of the targeted outputs for this programme for the 2021/22 financial year: Outcomes Outputs Output indicator 2021/22 Water demand Water conservation and water 4 frameworks for WDWCM 2 reduced, and water demand strategies developed for supply increased water sectors Number of large water supply systems 8 assessed for water losses 8 large water supply systems assessed Number of feasibility studies for water 5 for water losses and wastewater services projects completed 1 inception Regional bulk infrastructure projects Number of implementation readiness report implemented studies for water and wastewater projects completed Water demand Regional bulk infrastructure projects Number of regional bulk infrastructure 113 reduced, and water implemented project phases under construction supply increased Number of regional bulk infrastructure 18 project phases completed

Water services infrastructure grant Number of water services infrastructure 173 projects implemented projects under construction Number of water services infrastructure 46 grants projects completed Number of intervention projects under 1 implementation Water and sanitation District municipalities five-year Number of district municipalities with 5 District services managed reliability plans developed 5-year water and sanitation Municipalities effectively WSAs assessed for water services reliability plans performance Annual MuSSA reports 1 national MuSSA Annual Municipal Priority Action Plan 1 national developed MPAP Enhance regulation Water services regulatory prescripts Water Services Amendment Bill Draft Water of the water and developed developed Services sanitation sector Amendment Bill National Sanitation Integrated Plan Draft National Sanitation Integrated Plan National Faecal sludge management Draft national strategy strategy Bulk water tariffs developed 2022/23 bulk tariffs Enhance regulation Water supply systems monitored for Number of water supply systems assessed 0 of the water and compliance for compliance with the Blue Drop sanitation sector Regulatory requirements Number of identified non-compliant 328 water supply systems monitored against regulatory requirements Water distributed Streamlined water services Number of regional water utilities 0 (draft due for transformation management institutional gazetted for establishment diligence for arrangement Magalies and Amatola)

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3.4 Notes on the Water Trading Entity and Regional Bulk and Water Services Infrastructure Grant

3 .4.1 Water Trading Entity

The Water Trading Entity was established in 1983 and was converted into a trading entity in terms of the Public Finance Management Act, 1999 in 2008. The entity’s primary role is to manage water infrastructure and resources and sell raw water. Over the medium-term, the entity will continue to focus on maintaining existing water resource infrastructure, supporting the long-term sustainability of water resources, and supplying bulk water to strategic users such as large industrial companies to stimulate and support economic development.

Expenditure is expected to increase at an average annual rate of 6.7 per cent, from R14.1 billion in 2020/21 to R17.2 billion in 2023/24. This is mainly driven by the Entity continuing with constructing the Mokolo-Crocodile River water augmentation project, raising the Tzaneen and Hazelmere dams, and the Umdloti River development project. Revenue is expected to increase at an average annual rate of 7.7 per cent, from R16.2 billion in 2020/21 to R20.2 billion in 2023/24. Revenue funds the Trans- Caledon Tunnel Authority for financing debt repayment for raw water infrastructure construed by the authority on behalf of the Water Trading Entity. Revenue from the sale of raw water constitutes R47.7 billion over the same period. Transfer from the Department is expected to amount to R7.3 billion over the MTEF period.6

The selected performance indicators in respect of the Water Trading Entity for the 2021/22 financial year relate to the following:

• The number of days for the collection of outstanding debt per year – 100 days. • Percentage of total maintenance budget spent on asset refurbishment and betterment against budget per year – 100 per cent. • The number of raw water projects completed per year – 1. • Percentage of water users validated within catchment management area per year – 100 per cent. • The number of rivers where the monitoring programme has been implemented per year – 71. • Percentage planned maintenance projects completed per year as per the approved asset management plan – 80 per cent. • Percentage of unscheduled maintenance projects completed per year as a proportion of planned maintenance projects – approximately 20 per cent. • The number of dam safety rehabilitation projects completed per year – 6.

6 National Treasury, Estimates of National Expenditure 2021/22: Budget Vote 41: Water and Sanitation.

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3.4.2 Overview of 2021/22 Regional Bulk and Water Services Infrastructure Grants

For the 2021/22 financial year, the total provincial allocations of the direct and indirect grant associated with the Regional Bulk Infrastructure Grant and Water Services Infrastructure Grant comprise the following:

• Regional Bulk Infrastructure Grant: Eastern Cape – R833 544 million, Free State – 1.1 billion, Gauteng – R437 million, Kwazulu-Natal – R238 million, Limpopo – R1 billion, Mpumalanga – R743 million, Northern Cape – R155 million, North West – R800 million and Western Cape – R27 million. • Water Services Infrastructure Grant: Eastern Cape – R572 million, Free State – R467 million, Gauteng – R206 million, Kwazulu-Natal – R897 million, Limpopo – R603 million, Mpumalanga – R721 million, Northern Cape – R284 million, North-West R516 million and Western Cape – R129 million.

4. Overview of the plans and budgets of entities supporting the work of the Department

4.1 Catchment Management Agencies

4 .1.1 Breede-Gouritz Catchment Management Agency

The Breede-Gouritz Catchment Management Agency was established in terms of the National Water Act, 1998. The agency plays an essential role in protecting, using, developing, conserving, managing and cooperatively controlling water resources within the boundaries of the Breede-Gouritz catchment area. Over the medium term, the agency’s strategic objective is to continue providing water resources management activities to support economic development and social well-being. To achieve this, the agency will continue conserving and maintaining ecosystems, promoting tourism and encouraging residential developments within its water management area.

Expenditure is expected to increase at an average rate of 9.9 per cent, from R68.3 million in 2020/21 to R77.7 million in 2021/22 to R90.7 million in 2023/24. This is mainly due to employee compensation, which increases at an average rate of 10.4 per cent, from R44.8 million in 2020/21 to R60.3 million in 2023/24. The agency derives its revenue mainly through water resources management charges collected by the Department and transferred to the agency.7

7 National Treasury, Estimates of National Expenditure 2021/22: Budget Vote 41: Water and Sanitation.

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4.1.2 Inkomati-Usuthu Catchment Management Agency

The Inkomati-Usuthu Catchment Management Agency was established in 2004 in terms of the National Water Act, 1998. The agency plays a crucial role in the use, protection and development of water resources in the Inkomati-Usuthu water management area. It aims to ensure that water is used and managed to support equitable and sustainable socio-economic transformation and development. Over the medium-term, the agency’s focus will remain on meeting water demand for the domestic, agriculture, and commercial sectors by processing water use licence applications and ensuring that water quality in the area remains high.

Expenditure is expected to increase at an average annual rate of 5.4 per cent, from R156.8 million in 2020/21 to R165.9 million in 2021/22 to R183.5 million in 2023/24. Transfers from the Department account for 68.7 per cent of the agency’s revenue, while the remainder is derived from water use licence fees.

4 .1.3 Trans-Caledon Tunnel Authority

The Trans-Caledon Tunnel Authority was established in 1986 as a specialised liability management entity, deriving its mandate from the National Water Act, 1998. It is responsible for financing and implementing bulk raw water infrastructure development and providing treasury management services to the Department of Water and Sanitation. The authority plays a vital role in providing financial advisory services such as structuring and raising project finance, managing debt and setting tariffs, project implementation services, and other technical support to the Department and Water Boards. Over the medium-term, the authority will continue planning and implementing Phase 2 of the Lesotho- Highlands Water Project, Phase 2 of the Mokolo-Crocodile River augmentation project and providing a short-term solution to acid mine drainage in Gauteng.

Expenditure is expected to increase at an average annual rate of 29.9 per cent, from R3.7 billion in 2020/21 to R8.2 billion in 2023/24, mainly due to the escalation of construction activities. The authority’s main cost drivers remain planning and implementation to increase water supply in the Vaal River System through Phase 2 of the Lesotho Highlands Water Project, providing a short-term treatment solution to acid mine drainage in Gauteng and Phase 2A of the Mokolo-Crocodile River water augmentation project. Revenue is expected to increase at an average rate of 38.9 per cent, from R3.6 billion in 2020/21 to R9.7 billion in 2023/24, mainly driven by management fees claimed from the Water Trading Entity.8

8 National Treasury, Estimates of National Expenditure 2021/22: Budget Vote 41: Water and Sanitation.

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4.1.3.1 Planned activities for the 2021/22 financial year

The planned activities for the 2021/22 financial year by the Trans-Caledon Tunnel Authority entail the following (reflected in the table below): Objectives Planned Activity Implement capital projects in 1.1 For the MCWAP phases 2A, it planned to have an approved contract by the BAC accordance with the timelines within 8 months of BAC approval of the pre-qualified tenderers (3%). agreed with the Department 1.2 For the uMkhomazi Water Project, it planned to issue the first PSP tender document (9%). by February 2022 (3%). 1.3 For the BRVAS water project, it planned the issuance of the design and built tender documents by June 2022. Operations and maintenance 2.1 Western Basin: Winze 18 Shaft. From 1st April 2021 – 31st March 2022, the of designated projects in water level exceeds 3m below the shaft collar (2%). accordance with the 2.2 Central Basin: South West Vertical Shaft. The water level on 31 March 2022 departmental specifications to be at or below the level recorded on 31 March 2021 (2%). (16%0 2.3 Eastern Basin: Grootvlei No 3 Shaft. The water level on the 31st of March 2022 to be 10 m or more significant, below the level recorded on 31 March 2021 (2%). 2.4 90% or greater of the water samples taken in the Western Basin are compliant with the parameters set out in the DWS letter of 23 September 2020 (2%). 2.5 90% or greater of the water samples taken in the Central Basin are compliant with the parameters set out in the DWS letter of 23 September 2020 (2%). 2.6 90% or greater of the water samples taken in the Eastern Basin are compliant with the parameters set out in the DWS letter of 23 September 2020 (2%). 2.7 Implement scheduled annual operation and maintenance plan and limit unscheduled outages to ensure 100% annual scheduled volume (2%). 2.8 The issuance of PSP Tender Documents for the required 2024 tunnel outage by March 2022 (2%). Raise funding for 3.1 MCWAP: Funding is available to enable construction to commence according to the implementation of Project Plan (see Objective 1: MCWAP-phase 2A) (2%). infrastructure and manage 3.2 VRS: Funding is available to enable construction to commence according to the debt within the approved Project Plan for LHWP-2 – provided that the government guarantees have been approved borrowing limit (20%). (2%). 3.3 VRS: Funding is available to enable redemption of maturing debt on 28 May 2021 – provided government guarantees have been approved (2%). 3.4 uMkhomazi Water Project: Funding is available to enable project implementation activities for 2021-22 according to the project plan (2%). 3.5 Debt managed within the borrowing limits and all payment obligations are met for the following projects: VRS (2%), BWP (2%), VRESAP (2%), KWSAP (2%), MMTS-phase 2 (2%), MCWAP (2%). Effective control of corporate 4.1 10% Deviation from the approved budget quarterly due to operational efficiencies that expenditure to match project do not compromise deliverables. workload (5%) 4.2 10% Deviation from the approved annual budget of planned expenditure. Engage proactively to resolve 5.1 90-100% resolution of critical project matters by the 31st of March 2022: project matters and advance 5.1.1 UMkhomazi Borrowing Limit Approval (1%). institutional realignment 5.1.2 BRVAS Borrowing Limit (1%). (5%). 5.1.3 DWS settling Outstanding Payments (1%). 5.2 90-100% achievement against the TCTA Plan by 31 March 2022. Coordinate and monitor the 6.1 An average effectiveness rating of 3, on SIP’s coordination and monitoring annually efficient implementation of (Satisfactory feedback from key partners on the effectiveness of coordination and the projects within SIP-3 and monitoring with input based on the adequacy of reports on the programme’s progress, SIP-18 (5%). quality of quarterly Project Technical Forums, and timeliness of engagements to address and escalate challenges). Enhance the internal control 7.1 An unqualified audit opinion (for the current financial year). environment, risk 7.2 90-100% of action plans to address reported audit findings implemented by the due management and supply chain date. management system (25%). 7.3 90-100% implementation of Actions Plans in the strategic risk register by the due date. 7.4 90-100% achievement against the procurement plan. Implement the ICT Strategic 8.1 100% Implementation of Core elements of a responsive ERP solution ready for go- Plan and ERP system (5%). live by the 30th of September 2021. 8.2 Digitisation Strategy and Plan completed and approved by 31st of October 2021. Position itself as a thought 9.1 Three business-relevant papers written and submitted per annum. leader in critical aspects of water security (5%).

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Support and facilitate the 10.1 90 – 100% achievement against the PMCP in year 1 (2.5%) (2021-2022 Strategic development of capable Priorities: employees who can build the 10.1.1 Leadership Effectiveness. desired organisational culture 10.1.2. Performance Management). and climate, ensuring the 10.2 Feedback rating of 3 out of 5 (Satisfactory feedback from employees attending the business strategy is finalised. PCMP) (2.5%). Source: Presentation by the trans-Caledon Tunnel Authority, 14 May 2021

4.1.3.2 Overview of risks for TCTA as a public entity

The TCTA identified the following risks as a public entity to challenges posed:

• To raise funding requires guarantees from National Treasury to pay the recurring debt for major water projects. Reduced funders’ appetite for lending to SOEs and generally tight lending conditions. • Debt management: municipalities’ ability to pay water tariffs, ensuring that tariffs are affordable and sustainable to assure the viability of water sector institutions, tighter regulatory approval conditions for borrowings reduce flexibility to deal with unforeseen liquidity challenges. • Project implementation: Delays in environmental authorisations by DEFF and challenges in agreeing on funding models with project beneficiaries and obtaining their commitment to sign offtake agreements contribute to delays in raising funding. • Directed projects on hold: Phase 2B of the Olifants River Water Resources Development Project: TCTA is waiting for the DWS to decide on an alternative funding strategy proposed by TCTA in collaboration with DBSA. • AMD-LTS: TCTA has requested the Minister to suspend the Directive following DWS’ decision to review technical solution options for the project. • Kriel Project: the directive requires TCTA to assist the DWS with project management and procurement of long-lead items. TCTA is still awaiting the transfer of funds from the DWS for this project to be completed.

4.1.4 Water Research Commission

The Water Research Commission was established in terms of the Water Research Act, 1971. It is mandated to research the water sector by determining needs and priorities for research, promoting coordination, cooperation and communication in the area of water research development, stimulating and funding water research, promoting the effective transfer of information and technology, and enhancing knowledge and building capacity in the water sector. Over the medium-term, the commission will continue to drive research and improve understanding within the water sector.

Expenditure is expected to increase at an average annual rate of 7.3 per cent, from R320.6 million in 2020/21 to R396.4 million in 2023/24. Spending on research and development, and innovation and

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impact, account for 53.6 per cent of the commission’s expenditure over the medium-term. Revenue is expected to increase at an average annual rate of 7.3 per cent, from R320.6 million in 2020/21 to R396.4 million in 2023/24. Revenue is mainly derived from the water research levy, which accounts for 81.9 per cent (R892.3 million) of the commission’s revenue over the medium-term.9 The planned activities for the 2021/22 financial year by the Water Research Commission entail the following (reflected in the table below): Water Supporting the development of standards for water use efficiency and water safety in buildings. quality Development and testing of a rapid molecular method to detect pathogens. The large-scale multiple-barrier treatment system for the removal of multi-drug resistant pathogens from water sources in sub-Saharan Africa. A combination of chemical analysis and stakeholders’ participation in solving the Hennops river pollution in Gauteng. Real-time water sensing as alert systems. Water The socio-technical dimensions of and solutions to non-revenue water in Ethekwini security Municipality and South Africa. Development of a national risk-based decision support tool to assess fitness for reuse. Integrating water quality – health impacts into an Integrated Water Resources Management Decision-Support System for early warning. Scenario building for future water management in South Africa. Food Transformative approaches in managing human waste and wastewater by reframing nutrient security recovery from innovative sanitation technologies as integrated farming and food systems components. Direct urine capture for use as a fertiliser. Determining water use, water use efficiency and nutritional water productivity of Moringa under varying crop management practices. The utilisation of geothermal spring water for tilapia aquaculture to promote food security and skills development. Energy Synthesis and application of highly porous three-dimensional graphene macrostructure for security capacitive deionisation and solar-based desalination of saline water. The water, energy, food nexus to support climate change adaptation in South Africa. Demonstrating the WEF nexus integration model in Mpumalanga using quantitative and qualitative research methods to inform policy development for achieving sustainability. Sanitation Offering integrated wastewater modelling support to municipalities. The customisation and pilot production of bio nanomaterial technology for large scale wastewater treatment. Advancing circular economy in the water sector, utilising biochar from sludge treatment in a novel technology for wastewater effluent recovery and reuse. Microbiome of VIP latrines. Source: Presentation by the Water Research Commission, 14 May 2021

5. Observations and Recommendations

5.1 Department of Water and Sanitation

5 .1.1 Alignment of Provincial and Local Water Master Plans to National Master Plan

On the above issue of alignment of provincial and local water master plans to the national master plan, the municipalities and district municipalities had a legal obligation under the Water Services Act to

9 National Treasury, Estimates of National Expenditure 2021/22: Budget Vote 41: Water and Sanitation.

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submit these to the Department. The role of the Department of Cooperative Governance and Traditional Affairs in this process is also crucial.

5 .1.1.1 The Portfolio Committee recommends that the Minister, through the Department and Entities, provide quarterly briefings on the number of provinces and local municipalities that abide by the provisions of the Water Services Act in submitting provincial and local water plans.

5.1.2 Establishment of an Independent Economic Regulator for Water Services

Critics of water tariffs determinations by the Department of Water and Sanitation, water boards and municipalities, have for many years argued that the current ‘ad hoc’ approach by water institutions is unsustainable. The South African Local Government Association (SALGA), in particular, has come out strongly in favour of an independent economic regulator to regulate all aspects of tariffs across the entire water value chain. SALGA further argued that it was in the country's best interests to establish an independent economic regulator, ensuring fair, transparent and accountable processes.

In a joint meeting of the Portfolio Committee on COGTA and Human Settlements, Water and Sanitation, on 2 June 202 and 28 July 2020, with SALGA, Members agreed with the proposal of the Department of Water and Sanitation of undertaking a process toward establishing the economic regulator by using an incubation system to realise its objectives. The Department's 2021/22 Annual Performance Plan highlights the phased approach to establishing an independent regulator, and Members agreed to track progress on this outcome.

5.1.2.1 The Portfolio Committee recommends that the Minister, through the Department and Entities, provide the scope of work, with reasonable and defined times for incubation (3 months), as per the Portfolio Committee submission at two meetings on 2 June 2020 and 28 July 2020 on establishing the independent economic regulator of water services in South Africa. The details of departmental submission should include: how it would extend the scope to both water and sanitation, bulk and retail water and sanitation, including pit-emptying, water services to households, commerce, institutions and industry, regulation of water services in the municipal context, with a specific focus on pricing and investments, and not only on price structures.

5.1.3 Establishment of a National Water Resources Infrastructure Agency

The 2021 State of the Nation Address reiterated the urgency of establishing a Nation Water Resources Infrastructure Agency, which was mooted for a number of years. The Agency will place under single management the development and operation of the systems that are crucial for the country’s water resources security, as well as building new water resources infrastructure, operating existing dams and

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maintain transmissions canals and pipelines, currently undertaken by the Department of Water and Sanitation and the Trans-Caledon Tunnel Authority.

5 .1.3.1 The Portfolio Committee recommends that the Minister, through the Department and Entities, provide the modalities, scope of work, and timeframes to establish the agency within six (6) months.

5. 1.4 Revisions in the 2021/22 budget structure from 4 to 3 programmes in the current year

Members of the Portfolio Committee required more information on the re-alignment of the budget structure to improve internal controls and efficiencies to achieving delivery of water services within the entire water value chain, which in its previous form did not support the management of the implementation of the mandated water resource and water supply and sanitation services functions in the country.

5 .1.4.1 The Portfolio Committee recommends that the Minister, through the Department, as per Ministerial instruction on July 2019, provide details on its revised functional and budget organisation structure, with specific information on the development of the service delivery model, mapping of business purposes, standard operating procedures, service standards, a concise delivery charter and the service delivery improvement plan, highlighted in the Revised Strategic Plan.

5.1.5 Lengthy administration processing of licences

Members of the Portfolio Committee requested concrete timeframes on the presidential pronouncement on 1 April 2021 of reducing the process of finalising and issuing water licences from 300 days to 90 days.

5 .1.5.1 The Portfolio Committee recommends that the Minister, through the Department and Entities, provide progress reports every quarter on systems to fast-track the processing of licences.

5.1.6 Achievement of targets versus 100 per cent spend of budget

Members of the Portfolio Committee complained that the Department needed to progressively work on ensuring that weaknesses in attaining targets but budget spend of 100 per cent are inconsistent and therefore should be continuously assessed. Members further pointed out that the financial recovery plan had achieved certain milestones, but the Department still faced weaknesses in mitigating fruitless and wasteful expenditure.

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5.1.6.1 The Portfolio Committee recommends that the Minister, through the Department and Entities, provide progress reports every quarter on checks and balances within the internal control unit to mitigate risks associated with non-attainment of targets and fruitless and wasteful expenditure.

5 .1.7 Incorporation of accruals and payables into budget and number and nature of litigation cases in the Department and Entities

Members of the Portfolio Committee required clarity on whether the payment of past accruals and payables were highlighted in Budget Vote 41 and the number and nature of litigation cases in the Department and Entities.

5.1.7.1 The Portfolio Committee recommends that the Minister, through the Department and Entities, provide quarterly progress reports on accruals and payments and reduce these in each financial year. Details of litigation cases per annum should be made available to the Portfolio Committee.

5.1.8 Variations in allocations of the RBIG and WSIG to respective provinces, specifically Western Cape

Members of the Portfolio Committee required more information on the low allocation of the two grants to the Western Cape. Although the Department provided an explanation on the previously historically disadvantaged areas being prioritised, Members were concerned that business plans submitted to the Department did not seriously address the needs and requirements of small and rural municipalities.

5.1.8.1 The Portfolio Committee recommends that the Minister, through the Department and Entities, analyse the submitted business plans and quantify municipalities’ in all provinces that do not factor RBIG and WSIG grants for small and rural municipalities. Disaggregating data from business plans will provide a more realistic ‘picture’ of current and future needs in rural and small areas.

5.1.9 Appointment of key personnel, that of the Director-General and Chief Financial Officer

I t was unacceptable that the Department has not seen the urgency of appointing the Director-General and Chief Financial Officer to these positions. The lack of continuity of the Department's work, specifically on service delivery, is particularly affected if there are continuous acting positions of crucial positions in the Department.

5.1.9.1 The Portfolio Committee recommends that the Minister, through the Department, prioritise the filling of key positions within six (6) months of tabling the committee report in the ATC.

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5.1.10 Amendments to the relevant pieces of water legislation – the National Water Act, Water Services Act and Water Research Act within a specific timeframe

The National Water Act, 1998, is the primary legal tool dealing with the protection, conservation, development and management of water resources within South Africa. The Water Services Act, 1997, was enacted in 1997, giving meaning to the local government's constitutional provisions for ensuring service provision. The Water Research Act was promulgated in 1971 and amended in 1996.

While the National Water Act provides for the progressive realisation of the right to access sufficient water, there is a need to review it to ensure that: there is equity in water allocation, water management is improved, and the regulatory processes are streamlined. There is a need to review and update the Water Services Act to align it with: the Strategic Framework for Water Services, the significantly revised local government legislation which came into effect after this Act, including the Municipal Systems Act, 2000.10

Members of the Portfolio Committee maintained that the delay in amending these pieces of legislation, impact on work of the Department-specific to the following: The Water Allocation Reform programme has been lagging, and this resulted in redress and equity not effectively achieved, the establishment of water management institutions have been delayed, the issuing of water use authorisation has been a long and complex process as delegations to pro-Catchment Management Agencies have not been completed, recognition of the importance of Water User Associations due to a lack of transformation of irrigation boards, and the enforcement of the National Water Act is also weakened in that it does not specify the penalty to people or government entities that pollute water resources.

It was important for the Department to address all the challenges concerning implementing water legislation to ensure that the objectives of reform, decentralisation and service delivery are achieved through proper consultation with internal and external stakeholders.

5.1.10.1 The Portfolio Committee recommends that the Minister, through the Department and Entities, urgently identify the areas/sections in the water legislation that need to be reviewed, analyse the effects of the intended/proposed review and formulate a policy document that will stipulate what the Department intends to achieve by reviewing the legislation. The Portfolio Committee expects a progress report within three (3) months.

10 Parliament of the Republic of South Africa, Presentation by the Department of Water to the Portfolio Committee on Water and Environment, January 2011.

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5.1.11 Investigation into the construction of illegal dams, which compromise water provision to downstream users

Members of the Portfolio Committee argued that more stringent measures should be taken against the construction of illegal dams. This should be in the form of demolishing all illegal dams within six (6) months and punitive measures such as taking away the water use licences of those infringing the law. Furthermore, illegal dam construction is not prioritised in the Annual Performance Plan, nor does the APP detail consequence management against transgressions of the legislation.

5.1.11.1 The Portfolio Committee recommends that the Minister, through the Department and Entities, identify verified water bodies to ascertain if the water use right is legal or not through GIS software and satellite imagery. If the user is in contravention of the National Water Act, the charges against the transgressor must be enforced. A progress report on the number of unverified water bodies contravening the NWA and action taken must be submitted to the Portfolio Committee within one (1) month of this report being ATC’ed.

5.1.12 Infrastructure development in the country, with a specific focus on uMzimvubu Dam

Members of the Portfolio Committee raised serious concerns about the slow pace of the construction of the uMzimvubu Dam and required more details on the stages of the project to date.

5.1.12.1 The Portfolio Committee recommends that progress reports be provided on the different stages of work on the uMzimvubu Dam every quarter.

5.1.13 Dysfunctional wastewater treatment works, and water supply works leading to pollution

Members of the Portfolio Committee reiterated their previous instruction to the Department and Entities that the deteriorating state of municipal wastewater and sewage treatment management in South Africa contributes significantly to pollution problems and exacerbates environmental and health problems. More emphasis should be placed on consequence management against polluters at all levels of the water value chain.

5.1.13.1 The Portfolio Committee recommends that the Minister, through the Department and Entities, working together with all three spheres of government, and optimally using the parameters of the District Development Model, work out short (3 months) medium and long-term (6 months) solutions to facilitate the action on pollution challenges in the country.

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5.2 Water Research Commission

5 .2.1 Exorbitant costs of chemicals imported by suppliers and bought by water boards and municipalities

Members of the Portfolio Committee observed that the exorbitant costs of chemicals imported by suppliers and bought by water boards and municipalities require critical engagement by the Department, more research by the Water Research Commission and other stakeholders in manufacturing locally made chemicals.

5.2.1.1 The Portfolio Committee recommends that the Minister, through the Department and Entities, work out strategies with the respective departments such as Trade and Industry to ensure the development of chemicals in South Africa within 6 months.

5.3 Trans-Caledon Tunnel Authority

5.3.1 Progress on remedial action by TCTA on audit findings on the Lesotho Highlands Water Project

Members requested further information on audit findings and remedial actions taken by TCTA on their 2018/19 qualified opinion.

5.3.1.1 The Portfolio Committee recommends that the Minister, through the TCTA, provide this information to the Committee within 3 months.

5.4 Catchment Management Agencies

5.4.1 Common concerns raised to agencies

Members posed general questions to the two Catchment Management Agencies on the value add the agencies provide to the Department in assisting with validation and verification in their catchment areas; challenges posed with the slow pace of issuing of water licences; risks envisaged by the agencies in future sustainability operations and transformation of irrigation boards to water user associations as per the provisions of the National Water Act.

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5.4.1 The Portfolio Committee recommends that the Minister, through the Department and Entities, provide progress reports with timeframes on challenges on transforming irrigation boards to water user associations.

The Economic Freedom Fighters (EFF) abstained from adopting the report.

Report to be considered.

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2. Report of the Standing Committee on the Auditor-General, dated 21 May 2021

The Standing Committee on the Auditor-General reports on its consideration of the Determination of Remuneration of Independent Constitutional Institutions as follows:

1. BACKGROUND

The Speaker of the National Assembly referred to the Committee (ATC 51, 22 April 2021) the draft notice from the President of the Republic of South Africa (dated 13 April 2021) for consideration and report. The latter notified the National Assembly of the President’s determination of the salaries and allowances of members of the Independent Constitutional Institutions, in terms of the Determination of Remuneration of Office-Bearers of Independent Constitutional Institutions Laws Amendment Act, 2014 (Act No. 22 of 2014).

The President received the annual salary recommendations for the Public Office-Bearers of the Independent Constitutional Institutions from the Independent Commission for the Remuneration of Public Office Bearers.

The Commission having considered, amongst others, the fiscal condition of the country, the State's wage bill and the impact of Public Office Bearers' salary increment on the fiscus and general economic status of the country which has been negatively affected by the Covid-19 pandemic, affordability of the fiscus, recommended 0% salary increment for all public office bearers for the financial year 2020/21.

2. CONTEXT

Section 7(1) of the Public Audit Act, 2004 (Act No. 25 0f 2004), requires the salaries and benefit or allowances of the Auditor-General, to be determined by the President, from time to time, by notice in the Gazette, and approved by the National Assembly.

The President reports [see attached letter] that he has taken into consideration the economic challenges the country is experiencing, as well as the current fiscal constraints and thus intended to make the determination in respect of the Auditor-General, with effect from 01 April 2021 as follows:

• Auditor-General of SA: 0% salary increment recommended for the financial year. 144

3. COMMITTEE CONSIDERATION

On 21 May 2021, the Standing Committee on the Auditor-General considered, supported and approved the intended Determination by the President of the Republic, in relation to the Auditor- General of South Africa.

Report to be considered.

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National Council of Provinces

1. REPORT OF THE SELECT COMMITTEE ON PETITIONS AND EXECUTIVE UNDERTAKINGS ON THE EXECUTIVE UNDERTAKINGS MADE BY THE MINISTER OF MINERAL RESOURCES AND ENERGY DURING THE HOUSE SITTING OF 10 OCTPBER 2019, ADOPTED ON 19 MAY 2021

1. BACKGROUND On 10 October 2019, the Honourable Minister of Mineral Resources and Energy (Minister) made the following executive undertakings during the Question and Answer Session in the National Council of Provinces (House):

1.1 Executive Undertaking 1: “As I indicated, government is now going to monitor the implementation of the agreement that has been arrived at. So, we will be an interested party to make sure that there is justice for our people. Had we been a litigant in the whole process, we would have been more actively involved right from the word go, but we were not and we only come in later when there were problems.”

1.2 Executive Undertaking 2: “Now that the matter has been raised with us we are now going to ensure that we keep close to this by getting updates and ensure that what has been agreed to and committed to does become something that is implemented.”

1.3 Executive Undertaking 3: “But your point is well made. Our task as government obviously is to ensure that our people are not taken for a ride, they are not cheated, and they are not robbed of what is due to them, particularly people who have suffered in this way as a result of what happened in the mining industry – the asbestosis claims and all that. We are prepared and willing to follow that up.”

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2. REFERRAL PROCEDURE TO THE COMMITTEE

The concerned executive undertakings were referred to the Select Committee on Petitions and Executive Undertakings (Committee) by the Chairperson of the National Council of Provinces, on 30 June 2020, for it to scrutinise and subsequently report to the House on their implementation.

After their referral the Committee proceeded to extend an invitation to the Minister to appear before it and report on the progress made by the Department of Mineral Resources and Energy (Department) in implementing the concerned executive undertakings.

3. COMMITTEE MEETING PROCEDURES

On 23 September 2020, the Minister and relevant officials of the Department appeared before the Committee to report on the progress made in implementing the executive undertakings under consideration.

The following Committee Members were present at the meeting:

3.1 Hon Z V Ncitha, ANC, Eastern Cape (Chairperson); 3.2 Hon S Shaikh, ANC, Limpopo; 3.3 Hon T S C Dodovu, ANC, North-West; 3.4 Hon E M Mthethwa, ANC, KwaZulu-Natal; 3.5 Hon B M Bartlett, ANC, Northern Cape; 3.6 Hon G Michalakis, DA, Free State; 3.7 Hon I M Sileku, DA, Western Cape; 3.8 Hon K Motsamai, EFF, Gauteng; 3.9 Hon Zandamela, EFF; Mpumalanga; and 3.10 Hon S E Mfayela, IFP, KwaZulu-Natal

The following Committee officials were in attendance:

3.11 Mr N Mkhize, Committee Secretary; 3.12 Adv. T Sterris-Jaffer; Committee Researcher; 3.13 Mrs N Fakier; Executive Secretary; and

2 147 3.14 Mr M Dumezweni, Committee Assistant

The following representatives of the Department of Mineral Resources and Energy appeared before the Committee during the meeting:

3.15 Mr T Mokoena -Director General (DG); 3.16 Mr G Lekorotsoana-Chief of Staff 3.17 Ms P Magona-Ministry 3.18 Ms C Nobevu-Office of the DG 3.19 Mr C Ngalo-Parliamentary Liaison Officer

4. PROGRESS REPORT BY THE DEPARTMENT OF MINERAL RESOURCES AND ENERGY

The Director-General reported as follows:

4.1 Executive Undertaking 1:

The Department reported that two trusts have been established, the Asbestos Relief Trust (ART) and the Kgalagadi Relief Trust (KRT) to implement a legal settlement reached between mineworkers and the Gencor group of Companies. The agreement stipulates that, mineworkers who had suffered from asbestos-related disease would be compensated through both trusts.

Reported that the Ntuli Noble and Spoor (“NNS”) firm, a law firm, undertook to assist the Kgatelopele Community Asbestos (KCA) and make submissions to the ARTrust and KRTrust to making payments to persons whose names were used to successfully conclude settlement claims. And engagements between the legal representatives of the claimants, the mining companies and the Department had been ongoing.

The Department confirmed that there was still money available to pay outstanding claimants. But indicated that some of the challenge is the fact that several of workers had not contracted asbestos related diseases. As result they have recommended that those found not to have contracted asbestos related must have a medical re-examination. And have assigned a Deputy Chief Inspector of Mines to look at its communication strategy, to aid in identifying 3 148 beneficiaries.

4.2 Executive Undertaking 2:

The Department reported that NNS received a list of 517 members from KCA seeking compensation from ARTrust. And NNS disputed the claim of 517 persons and reported that only 37 persons were parties to the Gencor litigation. Of the 37 persons who participated in the litigation, 36 submitted claims for compensation to the KRTrust, 1 did not;11 were compensated for an asbestos related disease; 2 were refused compensation on the grounds that they had not worked on a Gencor mine or a mine belonging to any of their subsidiaries; 20 were refused compensation on the basis that they had not contracted asbestos related disease, and 3 claims were unresolved or are still pending. Of 517 persons on the KCA list: 5 persons did not submit valid identity numbers and could not be verified. . Further indicating that 216 have not submitted claims to the ARTrust or the KRTrust; 67 have submitted claims and have been compensated;170 submitted claims but have been refused compensation on grounds that they have no asbestos related disease; 27 have been refused compensation on the grounds that they never worked on a Gencor mine or on a mine belonging to any of their subsidiaries; and 23 claims are pending.

There are number of individuals on the KCA list who have not submitted their claims and recommends that, persons whose claims were rejected because they have no asbestos related disease, should be re-examined at the Department of Health’s one stop centre in Kuruman. If they have signs of asbestos related disease their claims should be resubmitted to the ARTrust for consideration. Those persons that have not submitted any claims to the KRTrust, should prepare and submit their claims for compensation. Those persons who’s claims have not been finalised, KRTrust will assist to get those claims finalised.

4.3 Executive Undertaking 3:

The Department assured its commitment to continue to monitor the implementation of the litigation settlement against Gencor, Gefco and their asbestos mining subsidiaries, promising to conclude this matter before the end of this financial year. But raised concerns about the disruption caused by the Covid-19 pandemic, in delaying the Department intervention in its facilitation of the claimant processes.

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5. OBSERVATIONS AND KEY FINDINGS

In noting the progress report given by the Department of Mineral Resources and Energy in relation to the implementation of the executive undertakings under review, the Committee made the following observations and key findings:

5.1 The Department confirmed that there was still money available to pay outstanding claimants. Indicating each beneficiary was paid according to the findings from their medical examinations, and the amount paid had varied.

5.2 The Department had to consider the fact that several of workers had not contracted asbestos-related diseases, as a result, it had to recommend that those who were found to not have contracted asbestos-related diseases have a medical re-examination. And the Department has assigned the Deputy Chief Inspector of Mines to look at its communication strategy, to aid in identifying beneficiaries.

5.3 The Department reported that it has implemented the Derelict and Ownerless mining programme, to ensure that mine sites are subjected to environmental rehabilitation measures.

5.4 Department committed to do a follow-up with those legal firms based in the United Kingdom. And further assured that they are prepared to conclude this matter in this financial year of 2020/2021.

6 RECOMMENDATIONS

6.1 The Department to ensure that all mining companies implement their social and labour plans in the communities in which they function.

6.2 The Committee recommends that the Department provide quarterly updates to the claimants and the Committee until this matter is finalized.

5 150 Report to be considered.

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2. REPORT OF THE SELECT COMMITTEE ON PETITIONS AND EXECUTIVE UNDERTAKINGS ON THE EXECUTIVE UNDERTAKINGS MADE BY THE MINISTER OF PUBLIC WORKS AND INFRASTRUCTURE DURING THE HOUSE SITTING OF 16 JULY 2020, ADOPTED ON 19 MAY 2021

1. BACKGROUND On 16 July 2020, the Honourable Minister of Public Works and Infrastructure (Minister) made the following executive undertakings during the Budget Vote in the National Council of Provinces (House):

1.1 Executive Undertaking 1: “Some of the Special Projects that will be implemented in specific provinces are: • The Rural ‘Welisizwe’ Bridges Project will initially focus implementation in three provinces with the highest risks, being Eastern Cape, KwaZulu-Natal and the Free State • The Rural Roads Upgrade Project focuses implementation in five provinces, being Limpopo, Mpumalanga, Eastern Cape, KwaZulu-Natal and North West”.

1.2 Executive Undertaking 2: “We will embark on a process of social facilitation that is an inclusive engagement and project development approach that has four critical pillars, namely: • Full inclusivity where the community is involved throughout the project lifecycle; • Co-creation where the community co-creates the project implementation plan; and • Project ownership where the community co-owns the project.”.

1.3 Executive Undertaking 3: “We are in the process of establishing Infrastructure South Africa or ISA as a single entry point for all infrastructure, where there will be a comprehensive infrastructure project pipeline that is assessed by the SIDS Methodology where the focus is on implementation that is needs-driven”.

1 152 1.4 Executive Undertakings 4: “As part of the adjustment estimates, an amount of R1.6 billion was reprioritised within the Department baseline which is under transfers and subsidies, mainly relate to the following programmes: • The reprioritised budget will be used to recruit participants for COVID 19 and GBV activities”.

2. REFERRAL PROCEDURE TO THE COMMITTEE

After their referral the Committee proceeded to extend an invitation to the Minister to appear before it and report on the progress made by the Department of Public Works and Infrastructure (Department) in implementing the concerned executive undertakings.

3. COMMITTEE MEETING PROCEDURES

On 21 October 2020, the Minister and relevant officials of the Department appeared before the Committee to report on the progress made in implementing the executive undertakings under consideration.

The following Committee Members were present at the meeting:

3.1 Hon Z V Ncitha, ANC, Eastern Cape (Chairperson); 3.2 Hon S Shaikh, ANC, Limpopo; 3.3 Hon T S C Dodovu, ANC, North-West; 3.4 Hon E M Mthethwa, ANC, KwaZulu-Natal; 3.5 Hon B M Bartlett, ANC, Northern Cape; 3.6 Hon G Michalakis, DA, Free State; 3.7 Hon I M Sileku, DA, Western Cape; 3.8 Hon C Visser, DA, North West; 3.9 Hon Zandamela, EFF; Mpumalanga; and

2 153 3.10 Hon S E Mfayela, IFP, KwaZulu-Natal

The following Committee officials were in attendance: 3.11 Mr N Mkhize, Committee Secretary; 3.12 Adv. T Sterris-Jaffer; Committee Researcher; and 3.13 Mrs N Fakier; Executive Secretary;

The following representatives of the Department of Public Works and Infrastructure appeared before the Committee during the meeting: 3.14 Hon P de Lille, Minister; 3.15 Hon N Kiviet, Deputy Minister; 3.16 Mr I Fazel, Acting Deputy Director General; 3.17 Mr K Ramokgopa, Head of Infrastructure; 3.18 Mr M Sithole, Chief Financial Officer; and 3.19 Ms CJ Abrahams, Acting DDG.

4. PROGRESS REPORT BY THE DEPARTMENT OF PUBLIC WORKS AND INFRASTRURE

The Department reported as follows:

4.1 Executive Undertaking 1:

The Rural ‘Welisizwe’ Bridges Project will initially focus implementation in three provinces with the highest risks, being Eastern Cape, KwaZulu-Natal and the Free State.

The Department reported that there is finalisation of nine bridges in the Eastern Cape, and there are 14 in KZN. These are budgeted and funded and are in line with the plans. Like all the other Departments, the Department is applying for funding. If it is funded, it could build 17 bridges. The programme also includes skills development. Artisans will be assigned and will be part of the programme on site, on construction, and in manufacturing. The Department is working with the South African National Defence Force (SANDF) and has mobilised people. In the Eastern Cape it has one team of defence, and in KZN there are two teams.

3 154 The Rural Roads Upgrade Project focuses implementation in five provinces, being Limpopo, Mpumalanga, Eastern Cape, KwaZulu-Natal and North West.

The successful implementation of this project is reliant on the allocation of capital funding. In this regard an application was made to National Treasury to secure immediate capital funding of R700 million which will assist with the roll-out of rural roads during this financial year, 2020/21 and the next financial year, 2021/22.

The South African National Road Agency (SANRAL) is also in the process of initiating a research programme that will formalise standards for low volumes sealed roads as well as the introduction of new technology that has the potential to significantly reduce the cost of upgrading rural roads whilst also applying labour intensive construction techniques.

4.2 Executive Undertaking 2:

The Department reported that through the integration of the Presidential Infrastructure Coordinating Commission Technical Task Team (PICC TTT) and the Investment and Infrastructure Office (IIO), the External Relations function was established which provides for, inter alia, social facilitation.

Additionally, the current Technical Advisory Panel which was established to augment the capacity of the PICC TTT, will be expanded to incorporate social facilitation. A call for nomination of people with the requisite experience on social facilitation, community engagement and communication will be published to bolster the social facilitation function. A social facilitation plan that would incorporate community involvement and participation in infrastructure projects will be developed.

4.3 Executive Undertaking 3:

The Department reported that the integration of the IIO in the Presidency and the PICC TTT is with the Department of Public Service and Administration for finalisation. The Business Case for the establishment of Infrastructure South Africa (ISA), a requirement for the establishment of an agency, is currently being developed. It is envisaged that Infrastructure South Africa will be operationalised in the 2021/22 financial year.

4 155

4.4 Executive Undertaking 4:

Through its implementing agent, the Independent Development Trust (IDT), the DPWI has recruited 25 000 EPWP participants through the Non-Profit Organisations (NPOs) under the EPWP Non- State Sector NPO programme. Of the recruited participants, 1 658 are to implement GBVF services while 23 342 are to assist the Department of Health (DoH) in the delivery of health services as part of the Public Health Strategy to combat COVID-19.

As at 25 July 2020: Just over 17 000 EPWP participants were deployed across the country since 1st June 2020, to assist the DoH as stated above. About 668 EPWP participants in total were deployed to Eastern Cape and KwaZulu Natal Provinces as part of the GBVF programme.

The DPWI, through the EPWP NSS: NPO programme, was meant to assist the Department of Basic Education with the cleaning and screening at schools. This cost was also to be covered through the reprioritized budget. However subsequently a decision was taken that this initiative will be undertaken through the provincial Departments of Education. The DPWI is currently engaging the National Treasury on the reprioritization of the NSS: NPO Programme budget.

5. OBSERVATIONS AND KEY FINDINGS

In noting the progress report given by the Department of Public Works and Infrastructure in relation to the implementation of the executive undertakings under review, the Committee made the following observations and key findings:

5.1 The Department is confident it can complete the 400 bridges, and will be working on multiple sites at the same time. It assured improving the quality of the bridges, and getting better service providers. The designs on bridges are done by in-house structural engineers. This is part of enhancing the capacity of the state.

5.2 The Department reported that through the integration of the Presidential Infrastructure Coordinating Commission Technical Task Team (PICC TTT) and the Investment and

5 156 Infrastructure Office (IIO), the External Relations function was established which provides for, inter alia, social facilitation.

5.3 The Department reported that the integration of the IIO in the Presidency and the PICC TTT is with the Department of Public Service and Administration for finalisation.

6. RECOMMENDATIONS

Further, in noting the progress report made by the Minister of Public Works and Infrastructure, the Committee, lastly, observes that the executive undertakings have been adequately implemented and therefore recommends that they be closed.

Report to be considered.