Vol 03 Official newspaper of the Parliament of the Republic of Issue 01

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA www.parliament.gov.za parliamentofrsa 2 INSESSION NEWS

independent property owners Parliament commits to Freedom Day – we must without male representation continue making South Africa and allows former residents a better country to live in for of apartheid homelands to all. Freedom was attained be free from poverty, benefit equally, like all South through bloodshed and great Africans, from land ownership sacrifices, and we must make conversions. it count for all South Africans. unemployment, racism Our task is to ensure that On this day, through the all our people enjoy their & sexism instruments at our disposal freedom with dignity. under the Constitution, The Presiding Officers (POs) of Parliament, the Speaker of the National Assembly (NA) Ms and the Chairperson of the National Council of Province (NCOP) Mr , joined South Africans in commemorating Freedom Day in April.

Mr , Former President of South Africa

Ms Thandi Modise, Speaker of the NA & Mr Amos Masondo, NCOP Chairperson “NEVER, NEVER AND NEVER AGAIN SHALL IT BE THAT THIS On 27 April in 1994, 27 years faster than ever before. BEAUTIFUL LAND WILL AGAIN ago, millions of South Africans Freedom and security of the cast their votes in the first Parliament will continuously person, freedom of religion, EXPERIENCE THE OPPRESSION OF democratic elections as equals sharpen its constitutional belief and opinion, freedom ONE BY ANOTHER.” to select the government of oversight role in fighting of expression, and freedom their choice. This day marks the pervasive corruption to ensure of association are some - Mr Nelson Mandela liberation of South Africa and that public resources reach of the rights enshrined in its people from apartheid and the people, particularly the our Constitution in the Bill white minority domination. poorest of the poor, and not a of Rights. Twenty-seven few unscrupulous individuals. years into democracy, South Blood had been shed, people If South Africans are to say Africa and its constitutional suffered, too many lives were “we are free”, this must institutions continue to ensure lost under the cruel system include freedom from poverty, the protection of these rights. of apartheid. The call by the unemployment, racism, people for freedom could not sexism and other challenges. “Parliament will continue be denied any more. 27 April to ensure the restoration of is a day that brought hope The theme for the 6th dignity to all South Africans and boundless possibilities, as Parliament is “Following through its legislative people woke up on that day to up on our commitments processes, especially cast their votes and make the to the people”. As a vulnerable groups, women cross that would change their people’s Parliament, it is its and children. The passing of lives. responsibility to follow up the Gender-Based Violence on the promises made to the Bills and the recent Upgrading This year’s Freedom Day people in order to realise a of Land Tenure Rights Act comes when South Africa is truly free and democratic Amendment Bill (Ultra) are still faced with the Covid-19 South Africa. Our task is to among the interventions pandemic that has put South ensure that laws passed by Parliament is making to Africans under siege. The Parliament are aligned with restore the people’s dignity pandemic has exacerbated the vision of the Constitution and undo the past injustices,” and deepened unemployment and to continue holding the said the POs. and poverty. Furthermore, the executive accountable for its tide of corruption and theft of promise to restore dignity to The Ultra Bill seeks to restore government resources flows all the people of this country. the dignity of women to be The Constitutional Court of South Africa PUBLIC HEARINGS 3

Limpopo residents call on MPs to accelerate amendment of Expropriation Bill

Editor Thulamane Local Municipality residents in ’s Thohoyandou District urged the Brent Simons

Portfolio Committee on Public Works and Infrastructure to accelerate the process to amend the Production editor Expropriation Bill [B23-2020]. The committee began public hearings on the Bill recently in the Mava Lukani municipality, writes Manelisi Ntsodo. Design and layout MIND TRIX MEDIA association in the Limpopo it must determine those province’s Greater Letaba instances where compensation Copy editors Jane Henshall, Vusumzi Nobadula region, made a contribution in may be paid (clause 12 (a)) the hearings. It believes that and where no compensation Writers Mava Lukani, Brent Simons, expropriation or compulsory will be paid (clause 12 (c)). Abel Mputing, Sakhile Mokoena, acquisition of land has been Also, that this is a function Malatswa Molepo, Mlindi Mpindi, used internationally for of the government, not the Manelisi Ntsodo

decades and said it supports courts, and if anyone has Photography the principle of equality. a grievance, they have the Mlandeli Puzi, right to approach the courts Zwelethemba Kostile Agri Letaba believes current and the courts cannot be the Distribution & subscriptions land owners should not ones to make determinations Jacqueline Zils

be required to bear a of compensation or no Publisher disproportionate burden for compensation. Parliament of the Republic of the need for land reform in South Africa the public interest. It added In the Modimolle Local Printer that its main concern with Municipality, commercial Vision Enterprises The main objective of the created for you to express the Bill is that the proposed farmers’ associations Section Manager: Bill is to provide for the your views on how to amend definition limits the concept expressed concern about Publishing and Production expropriation of property the existing Expropriation Act to instances where the state amendments to the Shirley Montsho for a public purpose or in 63 of 1975 in order to provide acquires rights in property and Expropriations Bill. Ms Deidre Copyright the public interest, and a common framework in line excludes statutory limitations Carter, the Chief Executive INSESSION is is published by the Information and Content provide for certain instances with the Constitution.” that undermine the economic Officer of Agri Limpopo, Development Unit of the where expropriation with utilisation of property or informed the committee that Parliamentary Communication nil compensation may be In the Mopani Region in dismantle its content. the federation comprises Services of the Parliament of the Republic of South Africa. appropriate in the public Tzaneen, representatives 410 commercial farming All material published is interest. Traditional leaders of political parties and The danger of such definition, operations in the Limpopo copyrighted and cannot be and representatives from other organisations it argued, is that the province, providing 90 reproduced without the written permission of the publisher. various civic and political emphasised the urgency of government can expropriate 000 jobs for the province. organisations, churches and the implementation of the any land at any time without Commercial agriculture in EDITORIAL ENQUIRIES labour unions spoke with expropriation legislation. The Telephone 021 403 8738 compensation. This will Limpopo plays a strategic Fax 021 403 8096 one voice in calling upon the Economic Freedom Fighters severely limit property rights, role as the second largest E-mail committee to immediately (EFF) participants appealed to Agri Letaba said, and the contribution to food security in [email protected] Subscriptions deliberate on discrepancies the committee not to waste focus should be on the loss the country, she pointed out, [email protected] and make amendments to the more time by embarking on that the owner suffers, not on providing local, provincial and Post PO Box 15, , 8000 Bill. the process of public hearings acquisition by state organs. national economic growth, for this Bill, as there is nothing development and export OUR IDEALS The Chairperson of the new to contribute. The overwhelming majority of earnings. Vision An activist and responsive committee, Ms Nolitha participants supported the Bill people’s Parliament that Ntobongwana, clarified a Members of the EFF argued in its current form, particularly Although Agri Limpopo improves the quality of life of South Africans and ensures misunderstanding when that, instead of public clause 12 (c), which allows recognises the committee’s enduring equality in participants in the public hearings relating to the for expropriation without work to replace the current our society. hearing repeatedly confused amendment of the Bill, compensation that is just Expropriation Bill, the Strategic Objectives Strengthening oversight and the purpose of the hearings Parliament must embark on a and equitable in terms of the federation’s viewpoint is that accountability; with that of the Ad Hoc nationwide public awareness Constitution and in the public it cannot support the inclusion enhancing public involvement; Committee to Initiate programme that Section interest, for property and land of the possibility of nil deepening engagement in international fora; and Introduce Legislation 25 of the Constitution has earmarked for socio-economic compensation. Therefore, Agri strengthening cooperative Amending Section 25 of the been amended. Thereafter, reform and redistribution. Limpopo does not support the government; Constitution. She said: “We Parliament must deal with strengthening legislative inclusion of clauses 12 (3) and capacity. want to affirm our difference the Land Redistribution Bill, Participants also support that 12 (4) in the latest version of here. We are the Portfolio the Land Tenure Bill and the the expropriating authority the Bill, which provide for nil BOOK A TOUR To tour Parliament Committee on Public Works Expropriation Act. is the state, since this Bill compensation. Telephone 021 403 2266 and Infrastructure and the is about public interest and E-mail [email protected] public hearings are a platform Agri Letaba, a farmer’s public purpose. Therefore, In addition, the federation is 4 INSESSION NEWS against the current definition that in many countries of “public interest” in the Bill. when social challenges are Agri Limpopo believes the identified, practical solutions definition is too broad and are first considered and gives too much discretion to policy frameworks are then government officials to decide formulated to introduce communities make what is in the public interest. solutions to address such They asked Parliament not to challenges. submissions on attempt to define the term in Section 25 of the Constitution, Thereafter, the legislation except by re-stating what is enacted to give effect Expropriation Bill is already contained in the to the proposed solutions. Constitution. Agri Limpopo According to the chamber, the The Mpumalanga province was the second province, after Limpopo, believes that it is for the South African government to be visited by the Portfolio Committee on Public Works and courts, not Parliament, to has been unable to provide interpret the term as used in realistic and practical solutions Infrastructure for public hearings on the Expropriation Bill, the Constitution. Also, Agri within the framework of reports Sakhile Mokoena. Limpopo does not support the existing legislation, and definition of “public purpose” continues to introduce more in the Bill, as it perceives it amendments, creating as incomplete, with the need unrealistic expectations for a clear regulation of the without practical solutions of public purpose requirement any substance. The Waterberg in legislation to ensure Business Chamber does not conformity with Section 25(2) support the current form of of the Constitution. the Expropriation Bill, the committee heard. In its presentation, the Waterberg Business Chamber The Limpopo province’s argued that the primary Capricorn District Municipality’s motive behind the concept House of Traditional Leaders of expropriation without told the committee that The committee met the draft legislation, which Claims of ill-treatment of farm compensation relates to the they demand consultation with the communities mentions compensation for dwellers and farm workers unfair distribution of land and empowerment of Bushbuckridge Local expropriation, calling for that dominated the committee’s ownership in South Africa. from Parliament on the Municipality in the province’s part to be removed from public hearings on the However, it maintained Expropriations Bill. Ehlanzeni District and the Bill. There were also Expropriation Bill recently listened to submissions participants who told the in Ermelo. Expressing their from different stakeholders, committee that the Bill was support of the Bill, farm including members of not explicit in its definition dwellers told the committee political parties, traditional of the concept of “public about their poor living leaders, organised purpose and public interest”. conditions on the farms. They labour, farmers and civic The aim of the Expropriation added that they hoped the organisations, among others. Bill is to repeal the existing legislation will rescue them There were mixed feelings Expropriation Act of 1975 from abuse by ruthless land from community members, to provide a common owners. with some supporting the framework in line with the Committee Chairperson Ms draft legislation, while others Constitution to guide the Nolitha Ntobongwana said felt that processing the processes and procedures for all views and submissions Expropriation Bill should be the expropriation of property that did not belong to the put on hold until Parliament for a public purpose and in committee will be referred to has concluded amending the public interest, and to the relevant committees in Section 25 of the Constitution provide for certain instances Parliament. to allow for expropriation of where expropriation with The public hearings were land without compensation. nil compensation may be held under strict Covid-19 In the Mbombela Local appropriate in the public guidelines and regulations. Municipality, representatives interest. of political parties, The residents of the Gert community-based Sibande District Municipality organisations, farmers used the opportunity of the and representatives from public hearings to inform traditional councils were the committee about human among the participants who rights abuses taking place expressed different views on on farms in the area. The the Bill. committee told the residents Although the Bill received that it will refer allegations some opposition and support of human rights abuses in Mbombela, there were against farm dwellers to participants who expressed the relevant committees in STRICT COVID-19 REGULATIONS: Public participation concern over Chapter 5 of Parliament. PUBLIC HEARINGS 5

oversight the naysayers said. economy must be respected They also highlighted the at all times, and their Expropriation Bill will unclear definition of terms subjection to unfathomable such as “public interest” and severe treatment by their and “property” as reasons employers is unacceptable and provide land to build for their opposition of the condemned by the committee Bill. In addition, the state is in the strongest terms,” churches in the North attempting to create life-long the portfolio committee tenants out of South Africans, Chairperson Ms Nolitha West they claimed. Ntobongwana said. The committee also heard “While this process is intended At public hearings on the Expropriation Bill held by the Portfolio a range of challenges faced to receive public comments Committee on Public Works and Infrastructure, the people of the Ruth by the people where public in relation to the Bill,” Ms hearings have taken place in Ntobongwana continued, Segomotso Mompati District Municipality in the North West Province the province. Those challenges “we cannot close our ears said that the Bill will ensure access to land for churches, reports included the non-delivery of to the concerns expressed Malatswa Molepo. services to the people, the by the people. As a listening slow pace of land reform, Parliament, we have the lack of agricultural committed to taking those With access to land, citizens in understood in a broader Expropriation Act of 1975 is support especially to rural challenges to the relevant the district believe churches context of multidimensional unjustified and diminishes the communities, the lack of committees in Parliament to can play a critical role in developmental purposes. overarching process to amend delivery of houses, especially ensure that those committees combating the socio-economic The overwhelming view Section 25 of the Constitution. to deserving people, and follow and attend to those ills that are afflicting the in Christiana was that the The residents told the the deepening poverty and matters.” communities in the district community needs land committee that the lack of unemployment. and in South Africa in general. for various purposes and access to land for economic The committee also expressed These views were expressed the implementation of the activities is hindering skills The committee was concerned its appreciation for the during the committee’s legislation on expropriation development and inhibiting by the ongoing mistreatment patience and orderly conduct first leg of public hearings must take place urgently. entrepreneurial spirit, among of farm workers, which was displayed by the residents on the Expropriation Bill young black people in highlighted by participants of North West as it tried to [B23-2020] in the North In Mahikeng and Rustenburg, particular. during the hearings. “The enforce adherence to the West in the Christiana town the portfolio committee on integrity of all employees Adjusted Level 1 Covid-19 hall. The committee was in Public Works heard that the The majority of participants across all sectors of the regulations. the province as part of its Bill is a necessary tool to called upon the committee to countrywide public hearings expedite the stalled land ensure that the Bill becomes to hear South African’s views reform process and will ensure law and its implementation on the Bill. greater access to land by the fast-tracked, given the very landless majority of South long history exclusion of the In supporting the Bill, Bishop Africans. The residents also black majority from their Dr Josh Malebye emphasised told the committee that there land by the brutal systems of that the lack of land deprived are large tracts of unused colonialism and apartheid. the Church. In his view, the land in the province that Church has the Bible as its tool could be used productively There were participants who to deal with socio-economic through the Expropriation expressed their pessimism challenges, such as substance Bill. Furthermore, the money about access to land, arguing abuse and poverty. “The intended for compensation that the expropriation of expropriation of land that as a result of expropriation land remains a pipe dream. was enshrined in a colonial of the land should rather They told the committee that constitution in 1913 deprived be channelled towards the many black South Africans are black people, as well as the capacitation, empowerment restricted at subsistence and black Church at large. As we and development of small- small-scale farming levels, speak, it must be considered scale businesses. as they don’t have access that there is Church land to land for large-scale and which is almost like the Although the residents agreed commercial farming purposes. Ingonyama Trust. Traditional on the expropriation of the churches don’t have land. If land, there was disagreement Although the Bill received churches have land, they can regarding its custodianship. overwhelming support at build multi-purpose centres Traditional leaders argued that all the hearings, some were that can provide the necessary the custodianship of the land against it. The arguments support in dealing with social belongs to them on behalf highlighted the far-reaching ills facing the country,” Dr of their people. There was a negative impact of the Bill Malebye said. counter view, however, that on, among other things, the state is a correct custodian home ownership, food There was also a strong view of the land for the people. security, foreign direct that expropriation of land investment and economic should not be for agricultural There was also a strong stability. Furthermore, the and business purposes view in the province that the Bill will entrench a process of only. Rather, it should be current process to repeal the expropriation without judicial STRICT COVID-19 REGULATIONS – Public participation. 6 INSESSION NEWS

During the first leg of the Some residents asked for held at the West Rand Portfolio Committee’s public clarity on references to District Municipality’s Chief hearings in the Province, “expropriation of property” Mogale Community Hall Tshwane residents said that in the introductory clause of in Kagiso, requested that they want the Bill to be fair the Bill. They said the issue of the expropriated land be residents believe and to resolve the issue of land owned by former citizens impartially distributed for the land ownership. Traditional no longer staying in South benefit all South Africans. Expropriation leaders, political party Africa, including land owned representatives and members by foreigners, must be dealt West Rand youth structures of the public in the Tshwane with. Furthermore, they said raised concerns about Bill will reduce Metropolitan Municipal area the government must finalise supporting the Bill, as they expressed their full support land claims already submitted. do not see any projects poverty and for the parliamentary process aimed at preparing them to to finalise the Bill. Committee Chairperson work the land. They asked Ms Nolitha Ntobongwana the Members of Parliament create economic The Bill, they said, will put the expressed her appreciation to encourage relevant land back into the hands of for the important inputs government departments opportunities its rightful owners. Traditional received. “All views and local municipalities to leaders who spoke at the expressed will be carefully introduce and coordinate Gauteng residents called on the Portfolio public hearings yesterday also considered and influence the training programmes aimed at expressed their unconditional committee’s final submission producing future farmers. Committee on Public Works and support for the Bill. They to Parliament,” she said. Infrastructure’s to expedite the parliamentary called on Parliament to Together with most residents, process to finalise and implement the speedily conclude the current WEST RAND residents call for they proposed that land Expropriation Bill, writes Brent Simons. process and to approve the expropriation of land owned owned by government Bill. by foreigners departments and the municipality be made Citizens who addressed In ’s West Rand, available for agricultural the committee at the residents proposed that and industrial development Bronkhorstspruit Sports land owned by foreigners, projects in order to improve complex concurred that their farms abandoned by mining the performance of the demand for the return of companies and land forcefully local, provincial and national the land must not be seen confiscated by the former economy. They reminded as corrupt or criminal, but apartheid government must Members of the Portfolio as a constitutional right be expropriated without Committee that they “don’t for each and every South compensation. However, just want land to farm, we African citizen to lawfully the expropriated land must also want land for industrial own land. They said the only be handed to farmers hives to be developed, current parliamentary-driven or willing residents with leading to jobs and a process must be aimed at the relevant expertise and functioning economy”. democratically and legally knowledge to productively resolving the issue of land farm the land. Committee Chairperson, Ms. ownership. Ntobongwana, guaranteed Some residents, who oppose that all issues raised would Although participants differed the Bill, raised concerns be referred to the relevant on the implementation around contradictory clauses departments for them to be of the Bill, they thanked in its current draft and the resolved. Parliament for the process possibility of corruption it has embarked upon. The following the expropriation ORANGE FARM says participants called on the of the land. They asked Expropriation will result in committee to ensure greater Parliament to ensure that better housing for all consultation and involvement expropriated land is not of ordinary citizens in the handed to people with Orange Farm residents believe expropriation process and to political connections or those that the Covid-19 pandemic guarantee fairness and its employed in the public must be used to expedite successful conclusion. service. the implementation of the Expropriation Bill. This, they The residents asked the They also cautioned told Members of the Portfolio committee to also consider Parliament not to allow Committee on Public Works communal land owned by organisations or individuals and Infrastructure at its public or under the curatorship of to mobilise or divide South hearing in Finetown, can traditional leaders, which Africans along racial lines result in residents getting must also be returned to during this highly politicised access to faster public the people. In addition, and sensitive process to return healthcare, a police station, the government must also the land to its rightful owners. better housing, jobs and other deal with tribal authorities economic opportunities. claiming ownership instead The majority of residents of looking after the land on and organisations, who They informed the committee behalf of the people. addressed the public hearing that many people have PUBLIC HEARINGS 7 lost their houses or rented to implement Covid-19 housing and industrial and how farmers are able to properties after losing their Ekurhuleni residents have social distancing and agricultural farming projects. forcefully evict farm workers jobs due to the Covid-19 informed the Portfolio sanitisation regulations who have worked and lived lockdown regulations. This Committee on Public Works due to overcrowding in all Secondly, they proposed that on the same farm for 50 would not have happened if and Infrastructure that the settlements throughout land lying idle on property years. They believed that the they had owned the land or expropriation of land will Gauteng. Expropriation of land owned by big commercial expropriation of land will title deeds to the properties. effectively reduce poverty, is not only about returning farmers be expropriated and return the land to them and curb the spread of diseases land to its rightful owners, handed to small-scale farmers bring an end to evictions. However, some residents like Covid-19 and prevent but also provides the state who are willing to expand cautioned that rampant dangerous fires in informal with an opportunity to expand their own farming operations. Vacant privately-owned corruption had to be stopped settlements. Residents from social services such as building As they are charged with food buildings, unused schools and or the expropriation exercise various communities in the clinics, hospitals and police security, farmers stated that other deserted government- would go the route of Gauteng Province told the stations. they are prepared to work owned buildings must be Zimbabwe, where politicians committee during its public closely with Parliament and handed to residents for and senior civil servants hearings on the Expropriation Youth structures again called government to safeguard food accommodation or businesses. handed out land to friends Bill in Ekurhuleni that they on Parliament to ensure that security. Residents also asked and family members. were living in shacks prior projects are implemented to Parliament to investigate how to democracy, without any train them to work the land Small-scale farmers also foreigners own houses in Foreigners, according to improvements made to their and become economically asked Parliament through townships built and meant for the residents, must not be communities since 1994. active through farming. If this the committee to get rid of South Africans. allowed to purchase land is done correctly, the country the 30-year lease contracts, as it is the entry point to They said life in informal will also be assured of future as banks do not recognise Political party representatives economic activity. They also settlements is unbearable, food security, they claimed. these agreements when they also expressed their views informed the committee particularly for the elderly Farmers, including small-scale approach them for loans. They at the public hearings. that criminal activity in their and children. On this basis, farmers who spoke at the proposed that government Democratic Alliance supporters areas mostly emanated from they called on Parliament to public hearings, confirmed departments hand over title raised concerns over the foreign-owned businesses speed up the implementation their appreciation and support deeds making them land current property rights of and properties. Therefore, of the Expropriation Bill and for the Expropriation Bill. owners and not just small- South Africans against the they call for foreigners not to to give them land for housing, They proposed that a proper scale farmers leasing land rights given to government own land. South Africans must farming and economic expropriation process be from the state. In turn, they in the current draft of the be prioritised as the rightful empowerment. adopted. Firstly, land owned will also be able to employ Bill. Economic Freedom owners of the land. by the government must be more workers. Fighters called for land to They further warned distributed to the people be expropriated without Some residents also expressed Parliament that people while land that is expropriated Farm labourers also asked compensation as the land was their concern that now that living in shacks are unable must be used for developing the committee to investigate taken criminally and forcefully we are a democracy, land from its rightful owners. would only be expropriated They regard the Bill as an after lengthy legal battles, “unnecessary obstruction” while the colonial and to giving land back to the apartheid governments just people. forced people off the land. African Christian Democratic Residents further proposed Party members rejected that all deserted government the Bill in its current form, and municipal buildings while supporters of the should be expropriated African National Congress and allocated for housing, supported the Bill and called businesses or community for the acceleration of its development projects. In adoption and implementation addition, members of the eventually. South African Communist Party and Finetown residents Committee Chairperson Ms rebuked Parliament for not Ntobongwana thanked the giving them sufficient time to residents of Gauteng for study the Bill and for failing to attending and participating host workshops explaining its in the public hearings contents in detail. This, they notwithstanding the increase proposed, would have allowed in Covid-19 infections in them to prepare better for the the province. She called public hearing. Despite this, on the residents to be safe they gave their full support and always adhere to the to the consultative process regulations aimed at reducing Parliament has embarked the spread of Covid-19. Ms upon. Ntobongwana expressed her appreciation for the manner EKURHULENI RESIDENTS in which the residents informs the committee that participated and contributed expropriation of land will towards the public reduce informal settlements hearings. 8 INSESSION NEWS EXPROPRIATION BILL 9 10 INSESSION NEWS Political parties unhappy that local government election date was announced without consultation

Leaders of the opposition in Parliament complained to the Chairperson of the Electoral Commission of South Africa (IEC), Mr Glen Mashinini, about what they consider to be President ’s premature announcement that the 2021 local government elections will be held on 27 October 2021, writes Abel Mputing.

Leaders of political parties “It worries one to think that infections. She added that if expressed their unhappiness the IEC will have to open up health and safety protocols are about the announcement of well over 22 000 stations for adhered to, the situation is likely local government elections on registration throughout the to remain constant, which would the eve of their meeting with country,” Mr Hlengwa noted. increase the feasibility of holding the IEC. They told Mr Mashinini “This against a vaccination the elections. and the Chief Executive process that does not inspire Other political leaders raised Officer, Mr Sy Mamabolo, that confidence.” concerns that the pandemic the announcement of the The Deputy President of the could impact on the potential election date diminished the Economic Freedom Fighters, Mr for free and fair elections. fundamental purpose of their , agreed with this Responding to that, the IEC’s “THIS meeting with the IEC. view. He questioned the wisdom Chief Executive Officer’s Office, The leader of the United of holding elections in October Mr Mamabolo, said if such AGAINST A Democratic Movement (UDM), when there is no reliable situation is eminent the IEC can General , said scientific evidence on which to consult the Constitutional Court the announcement of the local base this decision. He further to extend the terms of municipal VACCINATION government elections before asked if the IEC was consulted by officials until it is possible to the meeting with the IEC meant, the Ministers concerned before hold elections. among other things, that the IEC the announcement of the date Despite this explanation, the PROCESS is undermining political parties. was made. leader of Economic Freedom “You have taken us for granted The Minister of Health, Dr Fighters, Mr , THAT DOES and as boys,” added General , responded to questioned whether these Holomisa. say that the government has elections would be free and The ’s been in constant consultation fair, given that if they go ahead NOT INSPIRE (IFP’s) Mr with the IEC, and has briefed it as planned, activities such as noted that the current extensively on the matter. The door-to-door campaigns and projections about Covid-19 Minister of the Department of rallies will be constrained. In CONFIDENCE.” infections during the election Cooperative Governance and his view, free and fair elections - Mr Mkhuleko Hlengwa period are based on “nothing Traditional Affairs, Dr Nkosazana are unlikely in this scenario. The but hope”. He said this will have Dlamini-Zuma, also responded EFF believes that the 2021 local a direct bearing on the feasibility that they have consulted the IEC government elections should of political campaign activities on the feasibility of elections. be postponed to a later date, as and the elections themselves, The government is of the view Covid-19 has hampered political and will likely increase the risk that the elections can take place, activities. of infection. given the current low levels of LOCAL GOVERNMENT ELECTIONS 11

Minister of Health briefs IEC and political parties on possible scenarios for Covid-19 during local government elections

The Electoral Commission of South Africa (IEC) held its Political Liaison Committee meeting virtually recently to give leaders of political parties a report on its readiness for the upcoming local government elections to be held on 27 October 2021, reports Abel Mputing.

Presiding over the meeting, the constant mutations of the Chairperson of the IEC, the virus, it is difficult to be Mr Glen Mashinini, reminded definitive. political party leaders that the meeting was a standing “Safe to say that we need a lot arrangement that the IEC of caution in the winter season, undertakes on the eve of any because there is a likelihood election period. of a spike in infections,” Dr Mkhize said. “All we can do as Mr Mashinini told a department is to monitor the representatives of political infection and fatality rates and parties that various recommend what should be government departments, done.” including the Departments of Health; Cooperative As the elections will take Governance and Traditional place during the third phase Affairs; and Home Affairs are of the vaccination drive, the direct stakeholders in every Department of Health predicts countrywide South African that some 25 000 people will election. be vaccinated per day during this period. “This will be done Political party leaders heard in more than 30 000 sites that, as these elections that will be set up all over the will take place during the country, most of which will Covid-19 pandemic, additional be in communities, churches precautions must be put in and stadiums. This is meant place to ensure that they do to speed up the vaccination not become a “super-spreader” process to ensure it reaches a event. The Department of much larger population.” Health’s Minister, Dr Zweli Mkhize, was therefore given He also said that there is little the opportunity to update the risk of returning to the hard meeting on possible scenarios lockdown of the second quarter and the feasibility of holding of 2020. However, the upsurge these elections. of infections predicted for the winter of 2021 could coincide Dr Mkhize provided some with the political activities predictions about the possible leading up to the elections. spread of the virus during the Therefore, Dr Mkhize urged election period and noted political parties to be the difficulty in determining cautious. possible scenarios and the containment measures necessary to prevent them. He urged caution, saying the department is working on conjecture and that, with Dr Zweli Mkhize 12 INSESSION NEWS

NCOP Chief Whip National happy with progress at Assembly Botshabelo Industrial appoints MPs Park to look at The Chief Whip of the National Council of Provinces (NCOP), Mr the removal Seiso Mohai, welcomed the revitalisation of the Botshabelo Industrial Park in the Free State, which will attract more investors and promote of Public industrialisation in the township to address inequalities created by the apartheid regime, writes Mlindi Mpindi. Protector

The National Assembly (NA) Speaker, Ms Thandi Modise, recently received the names of Members of the NA who will constitute the Section 194 Committee to enquire into whether there are grounds for the removal from office of , Adv .

Mr Seiso Mohai, Chief Whip of the NCOP

As part of their constituency Zolile Mangcotywa, on the that the hub has received R5 work, Mr Mohai, accompanied progress made and the crucial million in funding from the by the Deputy Speaker of the role the park has in advancing Small Enterprise Development National Assembly, Mr Lechesa the economy. Agency (Seda), situated in the Tsenoli, and the Free State Department of Small Business Provincial Whip, Mr Itumeleng The revamping of the Botshabelo Development. The delegation Members of the committee Hermans, Ms Judy Ntsube, undertook an oversight Industrial Park has attracted was pleased to hear that Seda come from each of the 14 Nkosi, Mr Bekizwe Simon visit to the Botshabelo Industrial investments of over R500 million is currently hosting activations political parties represented Mapulane, Mr Mohlopi Park to assess progress and its and so far has created more than and boot camps in Thaba Nchu, in the NA. 11 will be voting Phillemon (Alternate) impact on the revitalisation of 5 000 direct job opportunities. Botshabelo and other areas members of the committee Mgweba, Ms Teiliswa the township economy in the 108 of 144 factories in the surrounding Bloemfontein, to and another 15 will be (Alternate) Free State. park are occupied and fully create awareness about the non-voting members. operational, increasing the park digital hub and to identify young Parties had until 31 March Democratic Alliance The Botshabelo Industrial Park occupancy rate to more than people who will receive training to submit names and these Lotriet, Dr Annelie is part of the Department 76.5%. at the hub as part of developing names have been published Schreiber, Dr Leon Amos of Trade, Industry and entrepreneurs in innovation, in the Announcements, Competition’s Revitalisation of “The revitalisation of the to equip them for the Fourth Tablings and Committee Economic Freedom Fighters Industrial Parks Programme. It township economy and projects Industrial Revolution. Reports of Parliament, Malema, Mr Julius Sello is implemented throughout the in place have changed the image dated 7 April 2021. country to renovate state-owned of Botshabelo Industrial Park and Inkatha Freedom Party industrial parks in historically the perception many business VOTING MEMBERS Majozi, Ms Zandile disadvantaged areas. people had about it. According to the presentations made to us, African National Congress The delegation was briefed by clearly more investors are in the Dlakude, Ms Doris Eunice Mulder, Dr Cornelius Petrus many stakeholders, including pipeline,” said Mr Mohai. Dyantyi, Mr Qubudile the Deputy Minister of Trade, Richard NON-VOTING MEMBERS Industry and Competition, Ms The delegation was also happy Joemat-Pettersson, Ms Tina Nomalungelo Gina, and the to see that the park’s state- Monica African National Congress Chief Whip of the Mangaung of-the-art digital hub is fully Gungubele, Mr Mondli Tolashe, Ms Nokuzola Gladys Metropolitan Municipality, Mr operational. Mr Mohai noted BOTSHABELO INDUSTRIAL PARK 13

Nqola, Mr Xola Nyhontso, Mr Mzwanele Democratic Alliance Nodada, Mr Baxolile Al Jama-ah Committee Chairperson Babongile Hendricks, Mr Mogamad Ganief Ebrahim welcomes progress on Economic Freedom Fighters The NA voted in favour Maotwe, Ms Omphile of establishing the Mankoba Confidence committee at its sitting ‘refugees’ in Cape Town on 16 March, after Inkatha Freedom Party adopting the report Msimang, Prof Christian of an independent The Chairperson of the Portfolio Committee on Home Affairs, Themba panel of experts, which Adv , welcomed the decision by the South African recommended that such a government to cease the temporary shelter services at Paint City and Freedom Front Plus committee be established. Wingfield in Cape Town within 14 days,writes Malatswa Molepo. Denner, Ms Heloise The NA Rules require a African Christian Section 194 Committee Democratic Party to conduct the inquiry, Sukers, Ms Marie Elizabeth to establish whether charges are sustainable United Democratic and to report to the NA. Movement The committee’s report Holomisa, Mr Bantubonke must contain findings, Harrington recommendations and reasons, and African Transformation must be scheduled for Movement consideration and debate Marawu, Ms Thandiswa with appropriate urgency. Linnen The committee, which must conclude its business within a reasonable time August, Mr Shaun frame, must elect its Chairperson at its first meeting. Shaik-Emam, Mr Ahmed Munzoor

The Chairperson believes that processes and deportation various UN agencies and the African Independent everything humanly possible of those that cannot be government to bring to an end Congress has been done to accommodate, accommodated by refugee and this matter. “We reiterate the Ntshayisa, Mr Lulama discuss and find workable asylum legislation. “We welcome call we made earlier that respect Maxwell solutions to the impasse. “The the progress in processing for laws is paramount in South continued stay at the two sites all applications for asylum Africa and breaking of those Congress of the People is in direct contravention of and refugee status and the laws is untenable,” Adv Bongo Madisha, Mr William South Africa’s policy of no- deportation of those that do not said. Mothipa encampment for refugees in qualify. We call for the speedy the country. Spending on those conclusion of all processes to Pan Africanist Congress sites is outside the regulatory verify, grant permits and deport frameworks governing various those that do not qualify,” Adv government departments and Bongo said. agencies. It is in this context that we believe the decision by the Adv Bongo emphasised his government is the correct one,” appreciation for the 390 Adv Bongo said. individuals that have accepted the offer of reintegration into The committee has since the local communities. The successful start of the protests highlighted reintegration of the 390 is the need to find solutions confirmation that communities within the law, and the need are willing to reintegrate to implement an exit strategy those refugees who had left. on the matter. The offers made Furthermore, the Chairperson by various United Nations (UN) welcomed the announcement agencies are, according to the that 121 individuals have signed Chairperson, beyond generous voluntary repatriation offered by and should be taken up by the the UN. protesters. The Chairperson called on those The Chairperson also welcomed still residing at the two sites Adv Busisiwe Mkhwebane the announcement of verification to consider the offers made by 14 INSESSION NEWS

he likened to the National Development Plan, as they National Cogta clearly define the short-, medium- and long-term committee objectives of the Traditional Council of and Khoi-San Leadership Act. Provinces - speed up According to the committee, another provision of note in the Act concerns the Minister’s passes two implementation intervention where premiers fail to resolve leadership of Traditional disputes over the recognition Amendment of traditional leaders below the level of kings and queens. Bills and Khoisan The committee had previously expressed concern around The National Council of Provinces (NCOP) Leadership Act the increasing number of passed two Amendment Bills recently at such disputes, where the its virtual siting. These are the Upgrading government was at the centre of Land Tenure Rights Act Amendment The Portfolio Committee on Cooperative of confusion. These disputes create serious divisions and Bill (Ultra) and the Correctional Services Governance and Traditional Affairs feuds within the affected Amendment Bill. (Cogta) has called upon the Department of communities. Cooperative Governance and Traditional Affairs to accelerate the processes that must The department had previously indicated to the be followed before the Khoi-San can take committee that legislation their rightful place in the National House vested the responsibility of Traditional Leaders (NHTL) and be to resolve traditional recognised as public office bearers according leadership disputes of this nature with the provinces. to the Independent Commission for the The committee found this Remuneration of Public Office Bearers Act, frustrating, as it felt that reports Mava Lukani. the department was shifting the responsibility away from itself. The Traditional and Khoi-San Leadership Act now removes all doubt and provides certainty that the Minister responsible for traditional affairs has the authority to intervene in instances where provinces fail to resolve recognition The Ultra Bill stems from that a person or community disputes, in consultation with two court judgments. whose tenure is legally the premiers. On the first finding, the insecure as a result of past Constitutional Court racially discriminatory laws or The Chairperson of the NHTL, found that the Ultra Act practices is entitled to either Inkosi Sipho Mahlangu, said 1991 (Act No. 112 of tenure that is legally secure or they are happy with the 1991 as amended) was comparable redress. proclamation of the Act and unconstitutional, as it LEADERSHIP: National House of Traditional Leaders with the fact that the leaders discriminated against The Bill was passed by President Cyril Ramaphosa of Khoi-San communities the rights of women the National Assembly will now be part of the to independently own on 1 December 2020 and The Chairperson of the people.” institution. However, the NHTL property. Secondly, the referred to the NCOP’s committee, Ms Faith is disappointed with the slow court found and ordered Select Committee on Land Muthambi, said: “Many Khoi- The committee had an pace of the promulgation of that Ultra’s Section 3 was Reform, Environment, San leaders and Khoi-San engagement recently with the Traditional Leadership and inapplicable in the former Mineral Resources and communities have waited the department, the NHTL Khoi-San Bill and the lack of apartheid homelands of Energy for consideration and a very long time for the and traditional leaders on clarity surrounding the budget Transkei, Bophuthatswana, processing. The committee proclamation of the Traditional the implementation of the for its implementation. Venda and Ciskei (formerly advertised the Bill on various and Khoi-San Leadership Traditional Leadership Act known as the TBVC states). platforms calling for public Act. As a committee, we and to receive an update on The committee will have a comments and submissions. have also been expressing the 2017 Indaba resolutions. follow-up engagement with Section 25(6) and (9) of In response to the call for concern around the delayed Briefing the committee, the department and the NHTL the Constitution of the public comments, some of the proclamation of the Act, Deputy Minister, Mr Obed on the implementation of the Republic of South Africa submissions received were as this amounts to making Bapela, said the indaba indaba resolutions. compels Parliament to pass from the Royal Bafokeng unfulfilled promises to the made 17 resolutions, which legislation that ensures Nation (RBN), Banking AMENDEMENT BILLS 15

Association of South Africa, Social Justice Coalition, Scopa suspends its Corruption Watch, the Congress of South African Trade Unions and the Land inquiry into CEO and Accountability Research Centre.

Further to the written submissions, the committee also received electronic communications. The committee also held negotiating and final mandates with provinces, seven of which submitted mandates in favour of the Bill, one did not support and one province did not submit.

Meanwhile, the Correctional Services Amendment Bill seeks to amend the principal Act (the Correctional Services Act, 1998 - Act No. 111 of 1998) in order to align the definition of “Minister” with the amended portfolios as assigned by the President. The Bill further proposes amendments to the principal Act to align it with the Constitution with regard to the placement of a sentenced offender under day parole, parole and The Standing Committee on Public Accounts (Scopa) agreed to correctional supervision and suspend its inquiry into multiple allegations of racism and financial to provide for the minimum periods to be served mismanagement against the Chief Executive Officer (CEO) of Eskom, before becoming eligible to allow an Eskom-initiated inquiry into related matters to run its for consideration for such course, writes Mava Lukani. release and placement in terms of the parole regime The committee was requested which to carry on with its committee the reasons behind applicable at the date of the by the Minister of Public inquiry. The committee the delay in their decision commission of an offence. Enterprises to suspend its believes that running a to institute an inquiry. This The two Bills passed will now inquiry to avoid parallel parallel inquiry would be is because the committee is be sent to the President for inquiries. In agreeing to tantamount to wasteful of the view that the Eskom assent. suspend its inquiry, the expenditure, and therefore inquiry has been triggered committee has reiterated its the outcomes of the Eskom by the committee’s stated commitment to undertaking inquiry will be assessed by the intention to investigate the an inquiry and its suspension committee at a later stage to allegations. should not be misconstrued allow the committee to make to mean the abdication of its appropriate recommendations. The committee believes that responsibilities. there are serious problems at Notwithstanding that, Eskom and that the alleged The committee expressed the committee agreed breakdown in the relationship its satisfaction regarding the that its ordinary oversight between Eskom’s CEO and terms of reference and scope processes will continue and the Chief Procurement Officer of the Eskom inquiry, as they it will, in accordance with impacts negatively on the cover all the material aspects its constitutional mandate, power utility in general, of the allegations. It said the proceed to conduct oversight and on sound financial onus is now on Eskom and in respect of issues relating management in particular. the Special Counsel to conduct to deviations, expansions and The committee said the an inquiry that is beyond matters raised by the SIU. load-shedding that started in reproach. 2008 is an outcome of these The committee will further problems and there is no hope The committee has agreed to invite the Chairperson of the that it will end soon if issues give Eskom 90 days within Eskom board to explain to the remain unresolved. 16 INSESSION NEWS

Public hearings expose The Presiding concerns with the Officers Employment Equity concerned Amendment Bill with high The Portfolio Committee on Employment and Labour conducted unemployment public hearings on the Employment Equity Amendment Bill during the recent constituency period, a convenient time for the committee, in South Africa according to the Chairperson of the committee, Ms Lindelwa Dunjwa, reports Sakhile Mokoena. The Presiding Officers of Parliament, led by the Speaker of the National Assembly, on our economy.” Ms Thandi Modise, and the Chairperson of Dr Anthea Jeffery, the National Council of Provinces, Mr Amos representing the Institute of Race Relations, said it Masondo, joined the nation and the rest of the had concerns about the world in honouring workers across the globe Bill, as the amendment on International Workers’ Day. could have excessive costs. Furthermore, the Bill is unconstitutional and cannot be adopted. Employment equity and broad-based black economic empowerment (BBBEE) should be replaced.

Ms Lindelwa Dunjwa, Chairperson of the PC on The Institute of Race Employment and Labour Relations believes the Bill will stall economic recovery, On day one of the public there.” This movement prompt a further flight of hearings, Sakeliga, the would not be a problem, scarce skills and capital, Institute for Race Relations, Sakeliga believes, as long as and leave more people the Gender Commission and such movement is regulated unemployed. In addition, the Congress of South African through government policy. the insinuation that black Trade Unions (Cosatu) Sakeliga believes the Bill people are unable to made presentations before introduces racial classification, prosper without the BBBEE the committee. Sakeliga’s which South Africa should is problematic. Mr Piet le Roux said they move away from. advise against the Bill, The committee asked because it has conceptual Another Sakeliga’s questions from the problems. “There should representative, Mr Martin participants about the be a rethinking on the Bill, van Staden, identified other timing of the Bill and In South Africa, the struggle of workers inevitably draws and what its successes and areas of concern, including whether there would be for better and improved attention to the scores of targets would look like. The technical drafting, the a better time to introduce rights in the workplace, which South Africans without timing is bad for this Bill, ministerial determination of it. Committee Members were intertwined with the jobs. The Presiding Officers which seeks to introduce targets and the lack of impact also asked questions struggle for social justice, note with concern the red tape. The ministerial assessment. “Our preference about the Minister of the freedom and democracy, unemployment in South determination and the is that this Bill be not Department of Employment has come a long way since Africa, which particularly quotas are drags,” said Mr le considered. Only Parliament and Labour’s powers with 1994. Great strides have affects the working class, Roux. can determine legislation; the regard to numerical targets, been made to transform the most notably women and Minister can implement.” The the means test for upward labour legislative landscape young people. The Quarterly He said the Bill sought Minister cannot regulate to mobility, and whether to eliminate restrictive and Labour Force Survey released to extend to the private satisfy himself or government, numerical targets were oppressive labour laws. This by Statistics South Africa sector, as representivity was as is contemplated in clause another kind of a quota. has ensured progressive laws shows that South Africa’s achieved seven years ago 4 and 12. “No impact Ms Dunjwa was concerned that guarantee inalienable unemployment rate increased in the public sector. “For assessment was conducted about the presentations’ rights, such as freedom to a record 32.5 per cent in the Bill to be successful, it on the Bill. This will be a implication that the Minister of association, collective the fourth quarter of 2020 would mean moving white sorry state of affairs. We should not interfere with bargaining, the right to strike compared to the third quarter. people to other provinces need a quantification of the the private sector. and workplace freedom. On this day, Parliament from Gauteng, as there is consequences, both intended Celebrating the contributions cannot turn a blind eye to the a concentration of them and unforeseen this will bring MS JACQUELINE MOFOKENG 17 reality that workers across the length and breadth of the country live with millions of A servant of the people passes on their unemployed brothers and sisters, a situation that is further exacerbated by the In April, Parliament lost a Member of the National Assembly (NA) Ms Jacqueline Mofokeng. realities of Covid-19. While the Parliament’s Presiding Officers, NA Speaker Ms Thandi Modise and the National Council road ahead seems bumpy and of Provinces (NCOP) Chairperson Mr Amos Masondo, described Ms Mofokeng as a seasoned impossible, we are inspired and dedicated parliamentarian who served the country with diligence, passion and by the words of our first democratic President, Nelson selflessness. Mandela, when he said “it always seems impossible until Ms Mofokeng was one of it’s done”. We are indeed in the most experienced and a battlefield and the tide will knowledgeable legislators surely turn. whose experience in the South Africans are obliged legislature began when she by our political history to served for two decades as work together, united in our a Member of the Gauteng diversity, to build a better Legislature, where she was country; to build an economy an asset, particularly in the that takes care of its people committees she served. by absorbing more people into the labour market, Ms Mofokeng joined the NA guaranteeing their job in 2019 as an African National security, decent wages and Congress representative from labour rights. The objectives Gauteng. She served on three and goals of the Freedom parliamentary committees, the Charter and the National Portfolio Committee on Justice Development Plan, for a truly and Correctional Services, the non-racial, non-sexist and Joint Constitutional Review prosperous nation, requires Committee and the Portfolio united efforts towards their Committee on Police. She fulfilment. was the Whip of the Justice As Covid-19 continues to and Correctional Services sweep the globe, Parliament committee. takes this opportunity to salute workers around the Chairperson of Portfolio country on the frontline Committee on Justice and fighting the virus. Their Correctional Services, Mr commitment and desire Bulelani Magwanishe, to serve is unmatched and said the committee lost a deserves all our praise. treasure in Ms Mofokeng. Since the beginning of He said: “The honourable the pandemic, frontline whip was a dedicated and healthcare workers have disciplined Member of the worked tirelessly, with their committee, who always made own needs often neglected. valuable contributions to the Going to work has placed committee.” frontline health workers under immense and unprecedented According to Mr Magwanishe, pressure, and has put their Ms Mofokeng was particularly physical, mental and social passionate about the gender- well-being at risk. Their based violence legislation that patriotism and desire to serve the committee is currently is indeed commendable. dealing with, and conducted The Presiding Officers of herself in such a way as to Parliament welcome the huge ensure a better and safer strides in labour relations South Africa for all. South Africa has achieved over the 27 years of our maturing democracy. However, they also acknowledge that more still needs to be done to ensure that South Africa’s working class truly enjoy democracy’s fruits.

Ms Jacqueline Mofokeng