MAKING YOUR FUTURE WORK BETTER – Learning from Madiba

The official newsletter of the Parliament of the Republic of South Africa Vol.Vol. 12 12 ISSUE ISSUE 7 5 AugustISSUE June 8 20122018

Protecting Our Heritage Celebrating Heritage Month Vision

An activist and responsive people’s Parliament that improves the quality of life of South Africans and ensures enduring equality in our society.

Mission

Parliament aims to provide a service to the people of South Africa by providing the following:

• A vibrant people’s Assembly that intervenes and transforms society and addresses the development challenges of our people; • Effective oversight over the Executive by strengthening its

scrutiny of actions against the needs of South Africans; Provinces of Council National of • Participation of South Africans in the decision-making of National Assembly National of processes that affect their lives;

• A healthy relationship between the three arms of the State, Black Rod Mace Mace that promotes efficient co-operative governance between

the spheres of government, and ensures appropriate links

with our region and the world; and • An innovative, transformative, effective and efficient parliamentary service and administration that enables Members of Parliament to fulfil their constitutional responsibilities. Strategic Objectives

1. Strengthening oversight and accountability 2. Enhancing public involvement 3. Deepening engagement in international fora 4. Strengthening co-operative government 5. Strengthening legislative capacity Contents 8

18 20

14 5. We must protect our heritage30 22. Membersof Parliament join global effort to 6. Public hearings: Mixed reactions to Customary eliminate TB by 2030 Initiation Bill 23. Parliament launches South African TB Caucus 8. Initiation does not exclude women 24. Mine owners will have to explain to Parliament why 12. Heritage: Initiation starts with women graves remain nameless 3 years after oversight visit 14. PBOs must ensure public participation in budget 26. From symbol of oppression, to liberation process – the Nelson Mandela Museum 16. Bills debated in Parliament 28. CPA Africa Region conference supports an African 18. Constitutional Review Committee hears oral agenda submissions on constitutional review 30. Annan: A true son of Africa 20. Taking Parliament to the People aimed to improve service delivery

3 Editor Mr Brent Simons

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4 COMMITTEE OVERSIGHT

ARTICLE REQUIRED

We must protect our heritage

The Select Committee on Education and Recreation was Ms Lungelwa Zwane, Chairperson of the Select Committee of Education briefed by the National Heritage and Recreaction. Council of South Africa on the state of the heritage sector. It also received a briefing from the Amafa Heritage KwaZulu-Natal on its achievements over the years, writes Zizipho Klaas.

In welcoming the National Heritage Council (NHC) and Amafa officials to committee that a report from the the meeting, the Chairperson of the The committee was told that as a United Nations Educational, Scientific committee, Ms Lungelwa Zwane, consequence of budget cuts, some and Cultural Organization (Unesco) emphasised the importance of the directorates in the entity are operating states that use of indigenous languages roles of both organisations in the at 30% capacity. More resources are is diminishing and in 50 years’ time preservation of the South African needed to ensure that heritage is many of them will become extinct. heritage. preserved.

The committee suggested that one way The committee heard that Amafa is The committee was concerned and the NHC can promote South African doing a job in preserving the expressed its unhappiness about the heritage would be to profile the schools heritage of KwaZulu-Natal, to such a fact that indigenous languages are not that were at the vanguard of the 1976 degree that the committee said other used in the documents produced by the Soweto uprising, such as Orlando, provinces should follow its example. NHC. This will create a problem when the entity tries to communicate with Morris Isaacson and Naledi high schools The committee told the NHC that if the However, it emerged during the some communities. More work needs NHC can do more work, South African briefing that it has a challenge with to be done for indigenous languages to young people will realise the richness budget constraints, as in the past four be developed and used widely. of their culture and they may stop years Amafa has had 40% of its budget mimicking other cultures. cut. The NHC’s Chief Executive Officer, Mr Sonwabile Mangcotywa, told the

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 5 PUBLIC HEARINGS ON LEGISLATION

Public hearings: Mixed reactions to Customary Initiation Bill

The Portfolio Committee on and should be a joyous thing that is A cultural and tradition expert in celebrated. But sadly, rogue elements Rustenburg, Ms Grace Masuku, pointed Cooperative Governance and have hijacked our tradition,” said Mr out that there is a vast difference Traditional Affairs conducted Mdakane. between medical and traditional public hearings on the circumcision. “As much as we The Bill was received with mixed appreciate the efforts of government, Customary Initiation Bill to emotions in the communities and government should in turn respect hear from South Africans what they have serious reservations about our traditions. There is a reason why the involvement of medical doctors the tradition is performed in secret they thought about it. The and those who are not familiar with and secluded places. For many of us, Chairperson of the committee, traditional circumcision as a custom. circumcision and initiation is sacred The Bill proposes, among other things, and done with the concurrence of the Mr Richard Mdakane, said the to outlaw circumcision in children chiefs.” committee consulted widely younger than 16; to provide for the presence of a medical doctor during Mr Fikile Tsibani, an ingcibi (traditional to enrich the Bill, rather than traditional circumcision and for surgeon), said initiation is a treasure to impose upon the people. payment for circumcision services. that had been passed on from Sibongile Maputi reports. our forefathers. It is important for It also proposes to provide for the Parliament to make legislation that registration of iingcibi (traditional sustains the tradition, he said. “It is “This is just the beginning; we will surgeons) every three months and the advisable that you leave this tradition continuously work on this Bill. The alignment of the initiation season with on the hands of people who know it,” committee will go back and invite the the school calendar. It also proposes a he said. chiefs to Parliament for further input. 40-year age limit for care givers and Initiation is a beautiful tradition. Help a three-months’ notice period before Mr Malusi Mkunkqwana said it seemed us to understand it. However, we must initiates go to the mountain. that traditional societies who practise also ensure that no one dies during the custom were being modernised and initiation. Tradition should be exciting Westernised against their will.

6 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA VIEWS OF THE PEOPLE

“If you involve medical doctors, they The Bill proposes to provide risky”. “Sometimes it is dangerous to will take over and that will lead to attend to some of the incidents as we stopping of our tradition and cultural for the registration of are called at night to the bush. practices. We need regulations and iingcibi every three months laws that are localised according to how There is a high crime rate, and we find the custom is practised in a specific and the alignment of the ourselves having to leave cars next area. This Act was brought here without initiation season with the to the road while you walk into the anybody’s input,” he said. mountain,” he said. school calendar. People attending the public hearings Mr Siphesihle Dlamini, a cultural also highlighted challenges with a lack Mr Ntsikelelo Luti, a teacher in activist, said initiation is a tradition of financial support, money wasted on Lusikisiki, said he had a problem with meant to be practiced by families, medical male circumcision, invasion circumcision done in collaboration with villages and communities. of bushes in urban centres, illegal non-governmental organisations and traditional surgeons, crime in initiation the Department of Health. “Children “Government has no role there. schools, and use of drugs by initiates. come back unhealed from these clinics Families are failing our children and are The committee heard how young school and they hide their pain. At school not providing guidance. We would not boys were recruited and abducted teachers have to change and play a role be in this situation had they done so.” in Flagstaff, and then circumcised of being amakhankatha.” against their will without their families He pleaded that the bill not replace knowing. A health practitioner, Mr Bongani the provincial male initiation acts in Xhonkxa, said medical circumcision and provinces like the Eastern Cape. Mr Dumisani Mcosini said historically, traditional circumcision were entirely the amaMpondo did not practise the different. “The two are mutually “We are different cultures and we are tradition and hence it resulted in exclusive. Doctors cannot monitor proud of this practice. deaths in their region. “In this region, tradition, they use different equipment, initiation was not practised; wrong healing methods, and are required to “That there are deaths cannot be a people conduct this practice. This is not account to their professional bodies. If result of practising our culture. If the cultural practice in Pondoland. Isiko anything goes wrong in the tradition committee proceeds with this Bill, (tradition) is a family thing, one cannot they stand the risk of losing their then they are taking away our culture, just decide from the street, with no one practices and licences,” Mr Xhonkxa traditions and language, essentials knowing.” He said it was important that said. which are components of an identity. amaMpondo should adopt traditional initiation as their own so that families He said most of the work relating We need to embrace, respect and could do it officially and in the right to the tradition was often done by promote our culture,” he said. way. professional nurses and that it was “too

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 7 PUBLIC HEARINGS

Chapter four of the Constitution of the Republic of South Africa states that the National Assembly and the National Council of Provinces must, (a) facilitate public involvement in the legislative and other processes of both houses and their committees; and (b) conduct their businesses in an open manner, and hold their sittings, and those of their committees, in public, but reasonable measures may be taken— (i) to regulate public access, including access of the media, to the house and their committees.

Initiation does not exclude women

Parliament is responsible for are circumcised and uncircumcised those beginnings, the nations that have people should be denied the right this gift of this tradition practise it in passing legislation, holding the to participate. The view against the different ways. They have different executive to account through participation of uncircumcised people unique versions of the tradition. I am oversight and facilitating public in the Bill contradicts the Constitution, a Thembu and AbaThembu do it the which calls for the participation of all in Thembu way. participation in the law-making the creation of legislation. process. The public hearings on “There is something which challenges To talk more on these views about people lately in this tradition, the issue the Customary Initiation Bill in public participation in the Bill, Insession of the death of initiates in the initiation the Mpumalanga and Eastern spoke to the Eastern Cape’s former schools and that death is attributed Head of the House of Traditional to circumcision, yet we know that the Cape provinces were disrupted Leaders, Chief Ngangomhlaba tradition of initiation doesn’t and never recently when people attending Matanzima and Mpumalanga’s Chief killed anybody since it was started. Mathibela Mokoena, who is the current We have never heard that from our the public hearings refused to President of the Congress of Traditional forebears, since I became old as I am allow uncircumcised people, Leaders (Contralesa). Both provinces are I never saw a grave of an initiate with both men and women, from hotspots for initiate deaths. my own eyes in my area. participating in the hearings, Asked to comment on the fast- This issue of the death of initiates is write Mava Lukani, Sakhile changing socio-economic realities that new, which makes others suggest that impact on traditions and cultures in the tradition must be discontinued. Or Mokoena and Zizipho Klaas. any community in South Africa, Chief perhaps those who practise it should be Matanzima said: “The tradition of trained to practise it properly. But the There is a strong view in certain initiation is too old and its existence problem is who is going to train them areas that participation in the Bill is traced from the beginning of the to practise their tradition? should be restricted to people who existence of humankind. Right from

8 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA VIEWS OF CHIEFS

Chief Ngangomhlaba Matanzima.

“The tradition of initiation is a broad process of training and transformation of a boy from boyhood into manhood.”

“Some people suggest that it should be the medical doctors who will provide training. The Constitution of the Republic of South Africa under the Bill of Rights, protects all the traditions and cultures of the people. Given that, how can people who do not practise the tradition of initiation train the custodians of the tradition, it’s bizarre and that’s ridiculous. What I can say is that, the tradition is being undermined by its custodians.

“I think the problem now is that people do not take the tradition of initiation holistically, the circumcision part is isolated from the entire tradition. And we are made to believe that we should keep our focus on circumcision – and it causes death. By being shaken by death, people speak about a lot of things that can mislead if they can be followed, like the suggested training I have mentioned or the discontinuation the involvement of women is an the child comes from his mother and of the tradition.” inherent feature in the tradition and an were linked by the connection of the irremovable element. When the boy umbilical cord. Defining the tradition according to its wants to become a man, he tells his original version, Chief Matanzima said, mother and asks her to ask his father The best thing to do to improve according to the original version of the that he wants to be a man and that he customary initiation is to go back to tradition of initiation, the circumcision is psychologically and materially ready the original version of the tradition. part of a boy is just an aspect not the for that step. “I am puzzled by the argument of the tradition. The tradition of initiation, he separation of men and women on this said, is a broad process of training and Chief Matanzima said this is the first tradition of initiation.” transformation of a boy from boyhood important step in the whole process, as into manhood. the child is the product of the contact Chief Matanzima said they heard from between a woman and a man and that a woman called Dr Nxiweni of Port At the initiation school, the initiates are contact delivered God’s creation. These Elizabeth that initiates were diying in under the mentorship of a traditional people, according to Chief Matanzima, the initiation schools. “Dr Nxiweni came nurse (a man who has proven himself). are tied by this child forever. to us and said where are the men, I am The traditional nurse would mentor the a medical doctor of diseases, there are initiates on the meaning of manhood. That is why when the boy wants to men who bring initiates to me.” Some of the things they are taught become a man, he will tell his mother include the observance of morality, because according to nature, the Chief Matanzima called on the people leadership, responsibility, dignity, mother is the only person between to locate the discourse on the tradition honesty, and protection of the family. the two parents who has an emotional of initiation in the paradigm of original connection with the child, something morality of ubuntu. “By and large, we On the involvement of women in more than just mere affection. The man have lost track of our origins, the kind the tradition, Chief Matanzima said doesn’t have that natural affection, as of morality by which the tradition was

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 9 VIEWS OF CHIEFS

Left: Kgoshi Mathupa Mokoena.

and regulations of customary initiation, adding that it was culturally taboo to discuss issues of initiation in the presence of women.

“This discrimination is fair in terms of our law. I cannot talk about what’s happening in the mountain in the presence of my own wife, she does not even want to hear that. Even my own sister will feel offended if I start a topic about what’s happening in the mountain in her presence. Our women don’t want to be involved in these matters because they understand and respect our culture.

“We thought in these public hearings, as Contralesa, they wanted us to tell them exactly what is it that is causing the deaths at our initiation schools. Some are caused by negligence that is happening there. We were going done. Let us revive our foundations, just going without us, so we are not to identify some of those things, but especially of morals,” he said. happy at all,” he said. how do you talk about those things in the presence of women? It cannot be, He said as we celebrate the centenary Kgoshi Mokoena feels that the Portfolio it would be in violation of the secrecy anniversary after Madiba was born, Committee on Cooperative Governance clauses of the custom,” he said. “We must reverberate the call he and Traditional Affairs should have made during the launch of the Moral consulted traditional leaders before If the process continues and the Regeneration Movement in 1997.” the public hearings. He said inviting legislation is passed without the them to a public meeting without prior participation of traditional leaders, Kgoshi Mathupa Mokoena, President of consultation was “undermining” the they should not be expected to honour the Congress of Traditional Leaders of institution of traditional leadership. and implement the legislation in their South Africa (Contralesa), said it was communities. undermining the tradition and culture “Our take is that we are the ones that to discuss matters of initiation in the were supposed to be consulted first. Let “Even if they can pass this law, I can presence of women and “uninitiated” them hear our view first before calling tell you we are not going to respect it, men. He says there are some clauses in public meetings. We are the ones who we are not going to implement it and the Bill that they were unhappy about, are conducting this ritual, we say if we won’t even encourage our people but the main issue is the process of Parliament, the National Assembly (NA) to honour whatever that is coming consultation. and the National Council NCOP) feel with this law. How do I enforce or they can just continue without us, it is implement something which I was not “In the Bill itself there are some clauses fine, let them do so.” part of? that we are not happy with and even the process itself, it is so flawed that it They do not agree with the clauses of “Surprisingly, some of these leaders, talks about us (traditional leaders and the Bill where women will be allowed when they get a platform they will practitioners of initiation) but we are to serve in established structures that say ‘we respect traditional institutions not properly consulted, the process is will be responsible for the governance

10 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA PUBLIC HEARINGS

MAKING A POINT: A community member expresses his view. and we promise to work with them’ and go to an extent of saying ‘we can’t do anything without consulting our traditional leaders’ – but here we are.”

Kgoshi Mokoena said the consultation must not just be done for compliance with the Constitution, adding that in the past inputs had been ignored when Bills were processed. He said the consultation would be a waste of time and money if the public hearings were just a formality instead of seeking different views to improve the legislation.

He mentioned the processing of the Traditional Courts Bill as an example of Parliament ignoring inputs from stakeholders and doing as it pleases when passing laws. “We travelled from the various provinces as Contralesa to Cape Town to express our disquiet about the ‘opt out clause’ in the “Before the disruptions, the men in the Traditional Courts Bill. “Before the disruptions, the hall said to the committee: we cannot discuss issues that relate to ingoma in men in the hall said to the “We spoke to the Chairperson of the the presence of women. As custodians Portfolio Committee and the leader committee: we cannot discuss of the tradition and custom, traditional of Government Business (the Deputy leaders should have been the first to be President) and again the President, issues that relate to ingoma consulted by the portfolio committee. only to be told now that they are in the presence of women. going ahead. That opt out clause is This topic is very sensitive, there are still there. Simply because some white As custodians of the tradition contents that cannot be discussed non-governmental organisations that with persons who haven’t undergone and custom, traditional are funded by some imperialists came customary initiation,” he said. here and formed some organisations to leaders should have been oppose anything to do with traditional He also reiterated their support for the first to be consulted by institutions. We know about this.” the Bill’s intentions of introducing regulations, which he said will the portfolio committee. This Mr Justice Mahlangu from the House minimise the deaths of initiates. of Traditional Leaders in Nkangala was topic is very sensitive, there present when public hearings on the The traditional leaders said they were are contents that cannot be Bill were disrupted, and he echoed willing to participate in the processing Kgoshi Mokoena’s sentiments that discussed with persons who of the Bill should Parliament realise the issues relating to “ingoma” (initiation) mistakes and come back to them. They haven’t undergone customary cannot be discussed in the presence said they can contribute to improve the of women and men who haven’t initiation.” Bill and ensure proper regulation of undergone the custom. customary initiation.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 11 VIEWS OF WOMEN

Insession spoke to women Heritage: during Heritage Month, to hear what they had to say in Initiation starts with women response to the view that they should not participate in public hearings on the Customary Initiation Bill, reports Zizipho Klaas.

Ms NoTranskei Ngqalo said: “It’s Ms Nomsa Mehlomabi said: “My only people who don’t understand husband and I have two boys and Ms Nobandla Jakeni of Nkalane Village the tradition who say that women one of them has already undergone near Mthatha said: “Those who say should not be allowed to participate initiation. I played a very critical role that uncircumcised people, especially in something to do with their children. before, during and after the boy women, should not participate in the My husband passed away 10 years ago graduated from initiation. I was like Customary Initiation Bill public hearings and I was left with the responsibility of a pillar in the processes. My husband need to be educated, first of all, raising three boys. knows that. about the role of women in the whole tradition of initiation. When they were ready for initiation, I am sure he can dispute the view that they told me and I in turn told the male women should not participate, given They must be told that tradition, by members of the extended family about the role I played in our son’s initiation. its nature, is a community tradition. that. I was at the centre of all that. First, he agreed with our son when our Based on that, no section of the son wanted to undergo circumcision at community can be denied participation They are now fully graduated men the age of 16 years. in it. There is only one thing men can and I am proud of them. The fact that a claim and which is an undisputable women raised three boys who are now I said no, he was still young. I advised historical reality, their leadership in the successful men is enough evidence for the boy to undergo the tradition at implementation of the tradition. So to the participation of women in all the least when he was 18 years old, say women must be denied the right laws about the initiation of boys.” something to which he agreed.” to participate in it is ludicrous. Above all, the Constitution of South Africa “The fact that a women raised three boys who are now successful men is enshrines public participation in law- enough evidence for the participation of women in all the laws about the making processes.” initiation of boys.”

12 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA VIEWS OF THE PEOPLE

Heritage: Initiation starts with women

PREPARATORY WORK: Villiage women carrying dry pieces of wood for initiation ceremonies.

Ms Mangqasana said: “The idea Mava Lukani spoke to a traditional that women or uncircumcised people surgeon, Mr Siphelo Mangqasana, Traditional should not get involved in the issues who said: “The exclusionist view surgeon: around the tradition of initiation is cannot be allowed in a constitutional Mr Siphelo not properly thought out. Even the democracy. The involvement of women Mangqasana actual circumcision is no longer a was created by God, no man under the confidentiality. Men must not waste sun can stop that. Furthermore, we are their time. They must instead promote living in a fast-changing technological the participation of women.” world. Technology exposes everything, including circumcision. There is no way you can avoid that. “The exclusionist view cannot be allowed in a Women know the circumcision part, which some men think it should be constitutional democracy. hidden from the eyes of uncircumcised The involvement of women people, including women. Those men are very late. Women know everything was created by God, no man about circumcision. under the sun can stop that. Furthermore, we are living in When the initiate doesn’t heal, he would be taken to a medically a fast-changing technological knowledgeable person, a female nurse world. Technology exposes or doctor. At that level, gender is not an issue, it is the assistance that would be everything, including required. But I agree that they must not circumcision. There is no way be involved in the circumcision part of the tradition. This is exclusively men’s you can avoid that.” area.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 13 PBO CONFERENCE

2018 PBO group photograph. PBOs must ensure public participation in budget process

Parliament is committed to be part of the African Union’s 2063 Development Agenda, said the Speaker of the National Assembly, Ms Baleka Mbete, when she spoke at the conference delegates of the third African Network of the Parliamentary Budget Offices held at Parliament, report Mava Lukani and Sakhile Mokoena. Applying their minds: Ms Mbete and House Chairpersons. “We are happy to host you in the Mother City, Cape Town. Many of you Development Agenda”. Parliament of The conference also discussed the travelled from abroad, from other the Republic of South Africa hosted this fact that in many developing and continents, from Africa and long conference in August. transitional countries, parliaments distances within the country, which are moving in the direction of greater serves to remind us how important it is The aim of the conference was to share budget activism, occasioned by for us to create a better and safer Africa best practices and experiences on democratisation and constitutional in a better world,” said Ms Mbete. how to strengthen oversight on good reforms, thereby creating opportunities governance and financial management. for legislatures to redefine contributions Members of Parliament (MPs) and The emergence of the PBO concept to public budgeting. provincial legislatures joined PBOs in recent times has seen more from across the African continent, parliaments from developing countries Ms Mbete told the conference that as well as those from Canada and playing a more active role in the they are satisfied with the impact the United Kingdom, for two days of budgeting process of their countries, that the South African Parliamentary deliberations on the theme: “The Role and called on them to defend their Budget Office (PBO) has made since of PBOs in African Parliaments’ Fiscal credibility. its inception in 2013. “We will share Oversight: Contribution to the African our experiences with the setting up of

14 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA PARTICIPATION IN PBO CONFERENCE

our Parliamentary Budget Office and the successful implementation of the Office’s legislative mandate. But, we also want to learn from our esteemed guests from the African continent and beyond.”

Sharing with the conference an overview of what this oversight function entails and why the South African Parliament established its Budget Office, Ms Mbete said subsequent to the introduction of the PBO Conference Plenary in progress. budget, including the fiscal framework, the Division of Revenue Bill, the after approval, to the National Council Parliamentary Budget Offices – Appropriation Bill and tax and other of Provinces for consideration by its established in several countries to revenue proposals, the fiscal framework Committee on Finance. enhance legislative oversight over the and revenue proposals are referred to budget – should also play a supportive the committees on finance, which are In its support to Parliament, Ms Mbete role in enhancing public participation in required to hold joint public hearings. said the Parliamentary Budget Office budget processes. This is because these must also ensure that it supports the offices, by enhancing the capacity of “This provision gives effect to the implementation of the Money Bills MPs to engage more fully with budget constitutional right to participate in the Amendment Procedure and Related processes, are also serving the people budget process. The process of referral, Matters Act by undertaking research who MPs represent. consideration, hearings, comments and analysis for the Finance and from the Minister if amendments are Appropriations Committees in both The AN-PBO is a platform for African proposed to the fiscal framework, Houses of Parliament. “This is what Parliamentary Budget Offices and reporting and adoption by the the office is doing and many more similar institutions to share ideas respective Houses must be done within initiatives, such as the analysis on and experiences about strengthening 16 days after the introduction of the the implementation of the National support for parliamentary fiscal fiscal framework,” she said. Development Plan, are making an oversight. The inaugural conference, impact on Parliament’s oversight role held in August 2016, established the After the adoption of the fiscal in transformation.” AN-PBO and laid the foundation for framework, the Division of Revenue Bill information sharing among African and the Appropriation Bill are referred At a time when many public institutions countries that have PBOs and those to the Committee on Appropriations of are facing a decline in public trust, considering establishing them. the National Assembly to follow the it is important for PBOs to maintain legislative procedure as set out in the the credibility they gained in their The third conference advanced the Constitution. early years of establishment, by goals of strengthening support given continuing to provide quality support to parliamentarians in their fiscal “In considering these Bills, the to parliaments in pursuit for better oversight role within the continent. respective committees must also governance, fiscal oversight as well as Delegates came from countries in conduct public hearings, consult with economic development. Africa and across the world, including other parliamentary committees, and those with PBOs and representatives allow affected Members of Cabinet, PBOs were also encouraged to play a of international organisations, which provinces and local governments to role in ensuring public participation support legislatures’ oversight of respond to the proposed amendments, in the budget-making process. The public funds. Panel discussions at as provided for in the rules.” Chairperson of the Standing Committee the conference focused on Progress on Finance, Mr Yunus Carrim, said in African PBOs, public finance and Ms Mbete told the conference that PBOs continue to be the link between development in Africa and PBO Revenue Bills, such as taxation Bills, national treasuries and legislatures, governance structures: International are referred to the Committee on and must be protected from undue experiences lessons of best practices. Finance of the National Assembly, and influence.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 15 LEGISLATION BEFORE PARLIAMENT

Bills debated in Parliament

Several Bills, including the the phrase “person” in clause 11 of For a multi-party democracy to thrive this Act. This, it read, could include a “and give practical meaning to the lives Powers, Privileges and Member of Parliament and, if so, it of the ordinary citizens, there must be Immunities of Parliament needed to be amended, for it would no hindrance on the extent to which and Provincial Legislatures infringe the privileges and immunities their representatives can discharge granted to parliamentarians in Section their mandate” said Mr Nqabayomzi Amendment Bill; the National 58 (1) and 71 (1) of the Constitution. Kwankwa, for the United Democratic Forests Amendment Bill; the Movement. After the Constitutional Court Critical Infrastructure Protection Judgement, the committee decided to The Critical Infrastructure Protection Bill; and the Money Bills review the Act in its entirety to consider Bill repeals the National Key Points Act other possible amendments that may 102 of 1980, which was enacted by Amendment Procedure and arise. To that effect, it requested a the apartheid regime. By definition, Related Matters Amendment comparative study on best practices and critical infrastructure is everything that conventions regarding parliamentary is considered critical to keep our society Bill, came before the National powers and privileges of Members of functional and our economy running. Assembly for debate after Parliaments of countries such as the which they were approved and United Kingdom, New Zealand, Kenya One of the improvements to the and Canada. old Act is that now there is a Critical referred to the National Council Infrastructure Council that advises of Provinces for consideration Reflecting on this process, Member the Minister of Police on policy issues of Parliament for the Democratic and that recommends to the Minister before they are sent to the Alliance Ms Juliana Killian said: “The for such a declaration. This council President for his consent. process followed was thorough and consists of “relevant government informative. I thank the Legal and departments, as well as five persons The Powers, Privileges and Immunities Constitutional Services of Parliament for suitably knowledgeable about critical of Parliament and Provincial their commitment to scrutinise the Act infrastructure from the private sector Legislatures Amendment Bill came and for other technical corrections that and civil society,” said the Minister of before the National Assembly after the arose out of this process.” Police, Mr , during the debate Constitutional Court raised concerns on this Bill. about the inconclusive description of

16 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA LEGISLATION DEBATE

The establishment of a council and the beyond the bounds of its duty to taken; and reinforces offences and precepts thereof in the Bill provide us accommodate the concerns of civil penalties. with the necessary comfort, said Mr society, business and departments who , leader of the made submissions to the committee, The Money Bills Amendment Procedure . “This council, said Mr Leonard Ramatlakane of the and Related Matters Amendment which will report to this house, provides African National Congress. “We are Bill amends the 2009 Money Bills us with comfort that all matters related satisfied that we have a strong piece Amendment Procedure and Related to this matter will be dealt with in an of legislation and we have taken into Matters Act. The amendment Bill, open, transparent manner and will account very strong arguments from which the National Assembly has empower the Members of Parliament organisations, who argued that the approved, clarifies and amends the with the mechanisms of enacting public interest defence should be procedure, resultant reporting and accountability.” accommodated.” periods involved in amending money Bills and division of revenue Bills Mr Sibonakaliso Mhlongo, for the Enlisting a number of amendments and related fiscal instruments; and Economic Freedom Fighters, agreed to the previous Bill, he stated: “We establishes the Parliamentary Budget that every state has a responsibility have changed the clause which did not Office as a juristic person. and obligation to protect its critical allow for photographing of a critical infrastructure to avert any possible infrastructure, changed the offences The approved Bills will now be sent to infringement to the security of the and penalties thereof. We were guided the National Council of Provinces for state or hindrance to economic or social on a number of clauses in this Bill that consideration. obligations. But he cautioned: “We would have infringed constitutional must always be on guard against the rights. As such, we have listened “In this Bill, all possible avenues abuse of such legislation to create a to legal opinions and we are now state run by securocrats, which will in a convinced that we have a Bill that will which government would have long run undermine our constitutional serve South Africa’s best interest and used to abuse it have been democracy.” it now allows far more than when we started the process.” closed and have been addressed He is relieved that “In this Bill, all through the consultation process possible avenues which government The National Forests Amendment would have used to abuse it have Bill, which amends the National with various stakeholders, been closed and have been addressed Forests Act of 1998, provides for clear which ensured that this Bill through the consultation process with definitions of forests and woodlands; various stakeholders, which ensured for public ownership of these; to meets the requirements of our that this Bill meets the requirements of increase promotion and enforcement Constitution and democracy.” our Constitution and democracy.” of sustainable forest management; and to control and remedy deforestation; to Mr Sibonakaliso Mhlongo, The portfolio committee went provide for appeals against decisions Economic Freedom Fighters

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 17 PUBLIC PARTICIPATION

Constitutional Review Committee hears oral submissions on land expropriation

The Joint Constitutional Review Committee (CRC) has heard the views of members of the public on Parliament’s motion to change section 25 of the Constitution. In September, the committee gave an opportunity to organisations and individuals who had previously submitted written submissions to come to Parliament to make oral presentations to the committee. Citizens taking part during hearings.

Abel Mputing attended the that could restore the dignity of black This view holds that the property clause hearings. people, who were dispossessed by in the Constitution protects the interests the 1913 Natives’ Land Act with of white people, who have land, while At these hearings there were those devastating effects on their economic continuing the dispossession of black who claimed that such a move would status and which reduced them to people, who mostly do not. be a long-overdue moral correction cheap labour.

18 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA VIEWS OF THE PEOPLE

Dr F.B Madhlopa speaks at the CRC Hearing in Jozini.

If the views of the banking sector 25 of the Constitution are gaining with the 13% of the land in their are to be taken seriously, tampering momentum. The South African Catholic jurisdiction, they want the remaining with the Constitution by changing Bishops’ Conference and Every Nation 87% that belonged to them in days the property clause will have far- Church added their voice to this gone by. They cannot be subjected reaching negative economic impacts. position. They pledged that they would to colonial laws that the current Expropriation without compensation play a reconciliatory role by calling government uses to administer their will wipe away the billions of rand upon farmers to hand over unutilised affairs, they said. banks have lent farmers, bank say. land to farm workers. Some MPs This, in turn, will make it difficult for commented that this would be too Most interest groups cited the state’s the banks to repay the money they little and too late. The land issue is a failure to properly account for the have loaned from global markets. The national issue that warrants a national billions of rands spent on land reform resulting disinvestment in the economy solution. It cannot be at the behest of and land restitution. will compound South Africa’s already good Samaritans, MPs said. stagnant growth forecast, banks Also during the hearings, some predicted in their submission to the In its submission, the House of people asked why there is so much committee. Traditional Leaders explained that it will resistance to changing this part of the One of South Africa’s leading land object to any attempt to expropriate Constitution, when 17 amendments experts, Prof Lungisile Ntsebeza, on land belonging to traditional have been made previously. behalf of the Foundation for Human authorities. And they are not content Rights said in his presentation that changes to the subsections of section 25 will be required to legalise expropriation without compensation, as land expropriation without compensation would be difficult to defend before the Constitutional Court at present.

This prompted questions from various Members of Parliament (MPs), who asked if it was possible that changing this clause could be challenged in court. Would it be better to draft legislation rather than change the Constitution, they asked? That possibility exists and it cannot be avoided, said Adv Dumisa Ntsebeza, also representing the Foundation for Human Rights. Any route would still be tested in a court of law.

Despite the history of dispossession, voices against a change of section Land expropriation impacts all South Africans.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 19 TAKING PARLIAMENT TO THE PEOPLE

MPs ON OVERSIGHT: NCOP and senior government officials at a health service delivery sight. Taking Parliament to the People aims to improve service delivery

The National Council of people to interact with their Members of the NCOP were joined by government and parliamentary Members of the Free State Provincial Provinces (NCOP) continues to representatives. It also gives them Legislature (MPLs) and of the South take seriously the improvement an opportunity to ask questions African Local Government Association of service delivery to the about accountability directly to their (Salga). Together they constituted a representatives on a wide range of high-level delegation to assess progress people. One way it does issues. at facilities that had previously been this is through the Taking identified as requiring intervention. The MPs also go to service delivery Parliament to the People sites to assess the quality of service The multidisciplinary delegation split (TPTTP) programme, which delivery and ensure that government into eight groups and visited clinics and spending is done in accordance with hospitals in the Mangaung and Xhariep sees Members of Parliament legislation, including the Public Finance district municipalities. Members were (MPs) travelling to communities, Management Act and the Municipal left disappointed as very little progress Finance Management Act. has been recorded, one year after the particularly in remote areas, NCOP made recommendations to the to check up on delivery, writes After Taking Parliament to the government. Sakhile Mokoena. People visited Free State province in August 2017, with a special focus on During the August 2017 visit, more healthcare services, provincial and local than 1 450 concerns, undertakings and Through the programme, Members of government made commitments to recommendations were registered and Parliament assess the performance of address challenges identified by the channelled to a series of executive various government departments, as NCOP. A year later, the NCOP once more structures, including national and per the commitments made by the visited the same health clinics and provincial departments and ministries, government in the last State of the hospitals for a report-back session and local municipalities, Chapter 9 Nation Address and budget allocation to assess delivery on the commitments institutions, state-owned enterprises, speech. made. The visit was hosted by the as well as independent entities for Mangaung and Xhariep district interventions. The Taking Parliament to the People municipalities. programme enables the NCOP The verdict of the NCOP following the to straddle all three spheres of visits and various engagements with government, and allows ordinary

20 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA PUBLIC ENGAGEMENT

NCOP MPs inspect an ambulance.

legislative oversight should be explored, with citizens at the centre of their design and execution.

After the report-back visit, the NCOP reassured South Africans that every effort will be made to ensure that the value of Parliament is not diminished and that its capacity to hold the executive to account is strengthened. In considering the benefits of the fourth industrial revolution, the NCOP will also explore how the convergence of information and communication technology with artificial intelligence can assist it in its interactions with citizens as it executes its mandate. stakeholders, including the public, in fencing to improve security. six public meetings, was that health The Albert Nzula Hospital is now open The Pelonomi Tertiary Hospital services remained a mixed bag of and fully operational, and critical pockets of excellence and on-going vacancies have been filled. The in Mangaung, which was failure. refurbishment of primary health care experiencing major service facilities in Xhariep have begun and will The success stories included the re- be closely monitored. delivery gaps at the time of engineering and re-modelling of Free the NCOP’s visit in August State emergency services, which The NCOP was unhappy about progress 2017, has also turned the tide are set to reduce waiting periods for in other facilities and believes that emergency services from six hours further methods of strengthening in many ways. to less than two hours. This has been achieved through the purchase of 60 state-of-the-art ambulances, 40 of which had been delivered and branded for deployment. Each district has been allocated 10 ambulances. The Free State Emergency Management Services has also established three additional emergency control centres and is finalising the recruitment of 200 emergency support officials and drivers, who will also assist in taking over or insourcing of the contracted emergency services over a period of six months, starting from October 2018. The NCOP inspected the fleet of ambulances.

The Pelonomi Tertiary Hospital in Mangaung, which was experiencing major service delivery gaps at the time of the NCOP’s visit in August 2017, has also turned the tide in many ways. More is still expected, but significant improvements have been made in the hospital infrastructure, including two fully functional boilers, seven back-up generators and electricity substations, lifts, theatres, biometric systems, security technology and perimeter NCOP House Chairperson Jomo Nyambi with NCOP delegation.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 21 MPs FIGHT TB

Members of Parliament join global effort to eliminate TB by 2030

Speaking during the debate The National Council of Provinces (NCOP) also held a debate on TB. In the on the launch of South Africa’s debate, KwaZulu-Natal’s permanent Chapter of the Global TB Caucus delegate to the NCOP, Mr Mntomuhle of Parliamentarians in the Khawula, said he subscribed to the measures to create awareness in National Assembly, the Minister communities and also “to commit the of Health, Dr , rank and file of our leadership, besides just parliamentarians, to the active proclaimed that Members of programmes of fighting TB”. That, he Parliament must be at the said, should ensure that “government should be serious about balancing the centre of efforts to deal with the distribution of resources to both our challenges facing the citizens urban and rural communities”.

they represent, writes Abel In Mr Khawula’s view, the government Mputing. Dr Aaron Motsoaledi principle of Batho-Pele should be at He attributed contributing factors the centre of the fight against TB. He Dr Motsoaledi did not mince his words to poor socio-economic conditions, wished all the ambassadors of the fight in describing the challenge posed by and the lack of proper water and against TB everything of the best and tuberculosis (TB) in South Africa. “We sanitation and health facilities. “The success in their endeavours. have a huge and complex multifaceted marginalisation and segregation of our TB burden on our hands,” he said. But people deprived of basic necessities Also speaking in the NCOP debate, the good news is that South Africa and and human rights has been the driving Mpumalanga’s permanent delegate to the world are beginning to take TB force behind the high HIV/TB infection the NCOP, Ms Landulile Dlamini, who more seriously. “Although we still have rate,” he said. is also the Chairperson of the Select a long way to go, never have global Committee on Social Services, said: leaders been challenged to end TB as is The Chief Whip of the Congress of the “We are particularly pleased with the currently the case”. People, Mr Willie Madisha, also taking establishment of the Global TB Caucus part in the debate, said there could because it is in line with the [United The battle cry now, Dr Motsoaledi said, hardly be any family in South Africa Nations’] Sustainable Development is: “Wanted: Leaders to End TB”, a call that has not been affected, in one way Goals and will further enhance our to all leaders in society to step up to or the other, by TB. “It’s against this national efforts to raise awareness and the challenge posed by this curable background that we support the launch profile of this epidemic.” disease. of South Africa’s Chapter of the Global TB Caucus of Parliamentarians,” he said. She said the caucus will support the Participating in the debate, Mr Ahmed acceleration of the elimination of TB Shaik Emam of the National Freedon Describing the severity of the problem, by 2030, in line with targets set by the Party, gave a medical context for TB. He Ms Claudia Ndaba of the African Sustainable Development Goals. The said since 2009, South Africa is dealing National Congress explained that the caucus, she concluded, will enourage with a dual epidemic of HIV and TB, impact of the associated illnesses of the legislative sector to devise with infection rates of 60%. Until South TB and HIV became the single largest legislation to enhance South Africa’s Africa wins the war on HIV, the chances cause of death between 2005 and battle against TB. of winning the war against TB will 2010. She urged MPs to be active remain a dream. “The national strategic in ensuring that resources are made plan stabilised the epidemic, however, available to curb the spread of TB. “We “Although we still have South Africa has the third-highest TB implore Members of Parliament to a long way to go, never infection rate in the world. The rollout be active agents of this campaign in of antiretroviral treatment resulted in both their day-to-day and constituency have global leaders been an improved TB case detection,” Mr work, and be involved in raising challenged to end TB as is Shaik Emam explained. awareness and mobilise communities to get screened and tested for any TB currently the case”. symptoms.” Dr Aaron Motsoaledi

22 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA INTERNATIONAL ENGAGEMENT

Parliament launches South African TB Caucus

Parliament joined the global fight to eliminate tuberculosis (TB), when the Speaker of the National Assembly (NA) Ms Baleka Mbete led the launch of the South African TB Caucus. The local caucus is part of the Global TB Caucus – a commitment by Members of Parliament (MPs) around the world to raise TB awareness and support efforts towards the elimination of the epidemic by the year 2030, writes Sakhile Mokoena.

For the local launch, Members of Ms Mbete reading TB Caucus objectives. Parliament from both the NA and the National Council of Provinces (NCOP) In the declaration, the MPs also made “We are making a historic jump by became patrons of the TB Caucus and a commitment to advocate for the joining the world in championing the joined TB ambassadors, survivors, the necessary resources to accelerate response to TB and efforts to eliminate United States Agency for International progress to end TB, and support the TB by the year 2030,” she said. Developmen (USAID) and the World voices of TB patients and vulnerable Health Organisation. groups in order to lift the burden of The House Chairperson for Committees, stigma from patients and their families. Oversight and Inter-Governmental Activities started with debates Relations in the NCOP, Mr Jomo Nyambi, in both the NA and NCOP, where At the launch, the Deputy Speaker of said the fight against TB should become parliamentarians across party lines National Assembly, Mr , an integral component of all MPs’ declared their undivided support for said that he had been diagnosed constituency work and should feature the fight against TB and resolved to with TB in 1984. However, he did not regularly in Parliament’s programme. establish the South African Chapter of consider himself a survivor of TB, but the Global TB Caucus. rather “somebody who had TB and Dr Brian Chirombo, a representative got cured after successfully taking of the World Health Organisation, said Ms Mbete was the first to sign the treatment”. a TB-free world will only be achieved declaration, which makes several when leaders spearhead awareness commitments including calling on “As public representatives often fail campaigns and efforts to eliminate TB MPs to raise awareness of TB in their to recognise how our own stories can in their countries and regions. communities, monitor the performance impact on the people we represent; of government health programmes I am happy to add my word in the The launch was also attended by the and the TB control programme, and campaign to increase TB awareness in Chairperson of the Portfolio Committee support the development of policies our country and the world,” said Mr on Health, Ms Lindelwa Dunjwa; Health and legislation that will create an Tsenoli. Minister Dr Aaron Motsoaledi; Miss enabling environment for the provision South Africa 2018 Ms Tamaryn Green; of healthcare services, TB services in The programme director at the launch, and musician and Nepad Agency’s particular. Ms Mbete called on MPs to Ms Gerry Elsdon, a long-time TB Goodwill Ambassador for TB and be at the forefront in fighting TB to ambassador, said that the launch is a Nutrition, Ms Yvonne Chaka Chaka, save thousands of lives. sign that the work of TB campaigners is among other dignitaries. finally being recognised by Parliament.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 23 OVERSIGHT WORK

Mine owners will have to explain to Parliament why graves remain nameless three years after oversight visit

“It is unacceptable and insensitive that so many graves of miners remain unidentified three years after the Portfolio Committee on Mineral Resources first visited the Winkelhaak, Evander Gold Mines graveyard in Mpumalanga.” This view was expressed by committee Chairperson, Mr Sahlulele Luzipo and other Members of Parliament (MPs). Brent Simons reports.

Committee members raised serious Inkosi Mandla Mandela Mr Sahlulele Luzipo - Chairperson of concerns with the more than 1000 the PC on Mineral Resources still unidentified and nameless graves of mineworkers. Mine executives, according to Mr Luzipo, will be called to Parliament to explain why the graves, first identified during the committee’s official oversight visit in 2015, were still nameless three years later.

According to Evander Gold Mines’ General Manager, Mr Lazarus Motshwaiwa, they are doing everything within their power to identify and correctly allocate the names of the miners to each grave. He said the company had asked the Hawks (Directorate for Priority Crime Investigation) to assist in identifying the graves, some dating back to the 1960s.

However, Inkosi Mandela and other MPs were not impressed with this response and questioned why the Hawks were called upon to assist the mine owners with this task. Committee Only numbered plates identify the members pointed out that each grave graves of these mineworkers. is numbered and that this should have made the task easier as it could

24 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA OVERSIGHT WORK

More than 1 000 unmarked graves next to a former mineworkers’ hostel.

be compared to existing records. Mr bodies were buried 10 days after the The committee also revisited the Motshwaiwa, however, advised that telegram had been sent to the family. Shaft 8 memorial site, where 177 proper records were not kept by the In response, committee members mineworkers died in the Kinross previous mine owners. “Even if records advised that Post Office records, if kept, disaster in 1986, to view progress made were kept, it will be difficult to locate should also be checked. on the new memorial site. Members the records because of the change of the delegation interacted with mine of mine owners over the years,” he Following the committee’s oversight management members and proposed added. visit in 2015, the Department of ways to improve the site. Mineral Resources (DMR) established a Expressing empathy with the team stakeholder task team consisting of the Additionally, committee members also allocated to resolve this matter, Mr DMR, National Union of Mineworkers questioned why Evander Gold Mines Motshwaiwa described the situation as and the current mine owners. The task were destroying existing building sad “as someone’s father, someone’s team has also consulted the National infrastructure when these could be husband, someone’s brother, someone’s Heritage Council about commemorating donated as housing, schools or health family member” was lying in the the mineworkers, building a perimeter facilities to relevant departments and unidentified graves. He conveyed the wall around the gravesite and erecting surrounding communities. Members of company’s compassion to unknown a memorial at the graveyard. To this the committee expect the company to family members spread all over the end, the committee expressed its submit a revised infrastructure strategy country and in some neighbouring satisfaction with the progress made when it appears before the committee countries, still awaiting the return of towards developing the memorial again. their lost family members. site. However, members insisted that the task team identify each grave and Once the committee is back at According to Mr Motshwaiwa, the attach the correct name to honour the Parliament, it will also look at graveyard dates back to the early deceased miners. why mining licences are retained 1960s. However, there are suggestions after companies had closed and that the graveyard was established Mr Luzipo instructed the DMR to better decommissioned mines. This, in the late 1950s, with many buried coordinate the task team and to ensure committee members believe, can there having died of natural causes, the graves are identified and correctly also assist in reducing illegal mining occupational diseases or accidents allocated. activities. while working at the mine.

Mine management was also of the view that many of the workers buried Committee Members, mine management and DMR inspecting the at the site were migrant labourers from developments at the Winkelhaak gravesite. the Southern African Development Community (SADC) countries. Inkosi Mandela suggested that many of those buried at the graveyard might also be coming from KwaZulu-Natal, the Eastern Cape and other provinces.

Most of the graves are identified by a number on a small plate while some are adorned with small mining equipment, including helmets and boots. The committee was informed that in most cases, previous mine owners would send a telegram to the family of the deceased. However, most

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 25 NELSON MANDELA MUSEUM

From a symbol of oppression, to a symbol of liberation – the Nelson Mandela Museum

The Mthatha building that is where the awards and medals he and to be inside its chambers to received from different countries when observe Members of Parliament when now the home of the Nelson he was in prison and after, would be they engage each other, was in the Mandela Museum has a shared. This would be the place that National Assembly’s gallery. “Indeed long history of conversions would keep alive his history in the media platforms bring Parliament to struggle for the liberation of South us even in remote areas, but being for different purposes, from Africa. In 2004 the building became a in the Chamber is a totally different its beginnings as a native heritage centre and was named Nelson and exciting experience,” said Ms Mandela Museum. Mditshane. administrative centre in the 1920s to today as the place local The museum attracts international and According to Ms Mditshane, the group local tourists alike. “During the summer of young virgin teenagers promotes, and international tourists go season here in the Eastern Cape, we among other things, original Xhosa when they want to know more receive a high number of overseas traditions on sex. It encourages young tourists, a mixture of old and young girls and boys to abstain from sex. about the late Tata Madiba, people who run away from winter “We do that also as a strategy to fight writes Zizipho Klaas. seasons in their countries. They all long teenage pregnancy and HIV/Aids, as a to know more about the history of Tata large number of HIV/Aids victims are The Nelson Mandela Museum’s tourist Madiba and the history of struggle young people.” guide, Mr Zimisele Gamakhulu, says in for liberation he was part of,” said Mr 1963 the building was converted into Gamakhulu. Ms Mditshane said the children want to the Transkei Self-Governing Territory know more about Xhosa culture, which building and in 1976 it became the He said they receive the local tourists they are told was a pillar of discipline Parliament of independent Transkei. in the spring and summer seasons among Xhosa communities in the past. In 1988, after the peaceful overthrow and the majority of those local tourists But because of the fast-changing world of the government of the late Ms are school children who come to the and the domination of foreign cultures, Stella Sigcau by the Transkei Defence museum as part of their History subject. some valuable aspects of Xhosa Force under General , traditions withered away. the building became the office of the In other news, to mark Heritage Month, Transkei Military Council. and as part of its Heritage Month “One of the objectives of the group programme, the Mthatha’s Yokhe Multi- is to claim back those lost aspects of In 1994, after the first democratic Arts Discipline visited Parliament of the the Xhosa culture. They are told that general elections, the building hosted Republic of South Africa recently. in the past, teenagers used to go the Kei District Council. Three years naked without fear of rape or sexual later, in 1997, it hosted Tata Madiba’s According to the leader of the group, harassment. We are teaching them medals he received from many Ms Khuthala Mditshane, the group to reclaim that dignity of a girl child countries. Tata Madiba wanted a place of young Xhosa teenagers who have where they used to go naked without that would be accessible to the people, been longing to see their Parliament any fear,” said Ms Mditshane.

26 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA NELSON MANDELA MUSEUM

The Nelson Mandela Museum’s tourist guide, Mr Zimisele Gamakhulu

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 27 INTERNATIONAL ENGAGEMENT

CPA Africa Region conference supports an African agenda

The 49th Commonwealth Ms Maseko agitated for a change stewardship of not only a woman, but of status for the CPA and the an African woman. Parliamentary Association entrenchment of a gender agenda (CPA) Africa Region Elective within the organisational structures Ms Maselo said she is elated that Conference hinged on three of this body. Judging from the tributes she is leaving behind a united CPA bestowed on her for her 22 years Africa Region, united behind the diverse but interrelated issues, of service in the CPA Africa Region, CPA’s commitment to the African one of which was the departure she has truly given everything to its Agenda 2063 and its change in status success. For her contributions, she was from a charity organisation to an of the former Executive awarded the Women of Great Esteem international body with diplomatic and Chairperson of the CPA Africa award, the first African woman to parliamentary status, so that it is able receive this American award. She was to hold member states accountable. Region, Ms Lindiwe Maseko. Ms also inducted as a Nana, a Queen, one Maseko is one of its longest- of Ghana’s prestigious awards. This work will now be taken forward by the new Chairperson of the Executive serving leaders and is also a During her tenure as Executive Committee of the CPA Africa Region and champion of the African agenda Chairperson of the CPA, she successfully the Speaker of the National Assembly within the CPA, reports Abel lobbied for the promotion of African of Kenya, Mr Justin Muturi. In his women, such as Ms Emilia Lifaka who acceptance speech, Mr Muturi promised Mputing. was elected chairperson of the CPA. that he would continue the work of his For the first time, the CPA is under the predecessor.

28 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA INTERNATIONAL ENGAGEMENT

CPA LEADERSHIP IN ATTENTION: Ms Lindiwe Maseko, second from left, the outgone Chairperson of the CPA Africa Region with other CPA leaders at the Botswana CPA Africa Region Conference.

Ms Maseko’s tenure as the Chairperson “is critical and therefore parliaments agro-industry and its value chain. There of the Commonwealth Women need to be conscious when composing was unanimous agreement that the Parliamentarians (CWP) laid the ground such missions and laws that govern the critical role of African parliaments in for the elevation of the gender agenda defence and security sector, as well as ensuring that this is achieved cannot be in the CPA. This work is now the the procurement of arms, to ensure overemphasised. responsibility of current Chairperson that African parliaments exercise their and a Presiding Officer in South Africa’s oversight roles more effectively.” If African governments are not held National Assembly, Ms . accountable by their respective Now in the mid-term of her tenure, parliaments in this regard, they will The four topics debated during the Ms Didiza believes the CWP has undermine the potential of agriculture conference all included a gender made some inroads in ensuring that in turning the economic tide and in aspect: A Parliamentary Agenda for the constitutions of CPA member reducing poverty on the continent, Combating Human Trafficking and states are in line with various gender which is one of the goals of African Modern-Day Slavery in Africa and the equality instruments to which they are Agenda 2063. Promotion of Human Rights; Food signatories. She has also re-energised Security and Sustainable Growth: regional gender advocacy workshops On climate change, there was a strong The role of Agriculture in Triggering to overcome gender stereotypes view that the CPA should drive the Economic Development in Africa; The embedded in African culture and development of treaties and protocols Nexus Between Climate Change and tradition. to encourage innovation to fight the the Incidences of Farmers/Herdsmen effects of climate change in Africa. Conflicts in Africa; and A Legislative At the end of the conference there Framework for the Regulation of were resolutions on each topic. During On private and military companies’ Vigilante Groups, Private Security and the debate on human trafficking there operation in Africa, it was resolved that Military Companies. was a consensus that there should there is a need for the regulation and be a call to African parliaments to oversight over these entities by African In her speech on The Role of African monitor and evaluate their progress parliaments because Africa is full of Parliaments in Fostering National on industrialisation, which is part of resources that are a possible target for and Regional Security, Ms Didiza the African Agenda 2063. On food exploitation. Africa needs to improve emphasised the role of women in security, there was a consensus that the competency of its security forces to peace missions. Conflict and mediation there is a need to fully exploit Africa’s guard against that.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 29 INTERNATIONALIST PASSES ON

WORLD STATESMAN: Late Kofi Annan addresses the joint sitting of Parliament. Annan: A true son of Africa

The former Secretary-General Mr Annan was born and grew up in diplomacy as the best possible career Ghana, which prompted Mr Landers to at a time where many chose politics, (SG) of the United Nations (UN), remember him as the son of a proud teaching, priesthood and the legal Mr Kofi Annan, was hailed as a nation, one that had tamed iron and fraternity,” he said. simple man whose love for the mined gold from time immemorial. “A nation that is proud of its aristocracy According to Mr Landers, Mr Annan people transcended boundaries. and that is steeped in the traditions of was schooled for leadership from In the words of the Members of ancient African traditional authority,” boyhood and when the time came, according to Mr Landers. he embraced the calling of service of the National Assembly, he was humanity. “Rising through the ranks a true man of the people, writes Recounting Mr Annan’s personal history, of the UN, from the lowest position Mr Landers recalled that he was born to its ultimate helm, bespeaks a great Zizipho Klaas. on 8 April 1938, a descendant of feat and triumph of this genial soul. He generations of Ghanaian tribal chiefs, carved a lasting niche for himself and The NA made time in its programme and one of twin sons of the manager of his continent in those gilded corridors for Members of Parliament (MPs) to a chemical company, who was in line to in New York and embosomed his name pay tributes to Mr Annan, who passed become the chief of the Fante tribe. forever in its annals.” away at a hospital in New York in the United States on 18 August 2018. “The Mr Annan was raised in the tradition of Mr Landers described Mr Annan as enduring compassion and regard for the chieftaincy and many royal meetings ever-conscious and ever-vigilant of his true welfare of others is the hallmark in the traditional courts were an early historic mission to promote the African that has stayed with Kofi Annan all basis of his later diplomatic upbringing. agenda. “Kofi Annan broke down all the his life,” said Mr Luwellyn Landers, “The consensus-building format of barriers of prejudice and race to assume the Deputy Minister of International conflict resolution was to stay with and sustain the highest office in the UN Relations and Cooperation. him throughout his adult life. He chose with pride.”

30 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA STATESMAN PASSES ON

Right: Late Kofi Annan.

It was under his watch that the Millennium Development Goals (MDGs) were adopted and the UN Commission on Human Rights was transformed into a fully fledged Human Rights Council in 2006.

Also paying tribute to Mr Annan, Prince Mangosuthu Buthelezi (leader of the Inkatha Freedom Party) remembered his enormous capacity for empathy and deep concern for the suffering of the poor. “Like so many over the years, I have quoted Mr Annan many times, for I admire his wisdom. In 2013, when I responded in this House to the State of the Nation Address, I reminded us of Mr Annan’s warning on the increasing damage being done by corruption.”

Prince Buthelezi quoted Mr Annan as saying: “Corruption hurts the poor disproportionately by diverting funds intended for development, undermining a government’s ability to provide basic services, feeding inequality and injustice, and discouraging foreign aid and investment. Corruption is a key element in economic underperformance and a major obstacle to poverty alleviation and honest leadership. We can return to Mr Kwankwa reminded the House of and [socio-economic] development.” the ethical and selfless leadership and Mr Annan’s disappointment when the governance espoused by Mr Annan and United States invaded Iraq in 2003 Paying tribute to Mr Annan, Rev promote and protect global statutes without the UN Security Council’s (leader of the African and institutions, such as the Rome approval. Christian Democratic Party) said Mr Statute of the International Criminal Annan had a way of quietly, but Court, established during his tenure “Tata Annan, utterly embarrassed firmly reminding world leaders that as Secretary-General of the United and deflated by the arrogance of the they needed to put their duty to their Nations.” US, carried himself with dignity and citizens above their political agendas. integrity. Remarkably, he showed no “We can all learn from his caution and Mr (MP for the residue of bitterness although the example in this regard. Mr Annan’s United Democratic Movement) said actions of the US undermined his legacy and contribution to our world Mr Annan worked hard to institute leadership.” will not soon be forgotten,” said Rev institutional reforms to make the UN Meshoe. a credible multilateral institution. In Tata Annan, Mr Kwankwa said, “An ardent champion of peace and “we have lost a son of Africa, whose Mr , who is leader of fundamental human rights, with light shone like a beacon in the dark the Congress of the People, said history great equanimity, he tackled global continent. He dedicated his life to the will count Mr Annan as among the best challenges with enthusiasm and attainment of the Pan-African vision of incumbents of his office. “He displayed persistence in the face of daunting building an integrated, prosperous and ethical, principled, modest, forthright challenges.” peaceful Africa”.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 31 OUR SOUTH AFRICA – THE SUN The sun heals the divisions of the past, improves the quality of life of all South Africans, frees the potential of each person and builds a united and democratic South Africa, taking its rightful place as a sovereign state in the family of nations.

OUR PEOPLE – THE PROTEA LEAVES Our people, building on the foundation of a democratic and open society, freely elect representatives, acting as a voice of the people and providing a national forum for public consideration of issues.

OUR PARLIAMENT – THE DRUM The drum calls the people’s Parliament, the National Assembly and the National Council of Provinces, to consider national and provincial issues, ensuring government by the people under the Constitution.

OUR CONSTITUTION – THE BOOK Our Constitution lays the foundation for a democratic and open society based on democratic values, social justice and fundamental human rights. It is the supreme law of our country, and ensures government by the people.

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