Monthly magazine of the Parliament of the Republic of

Vol. 15 ISSUE 7 2015

Women have final word as Parliament closes Women's 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; • Participation of South Africans in the decision-making processes that affect their lives;

• A healthy relationship between the three arms of the Provinces of Council National of Black Rod of National Assembly National of Mace State, 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 ­­­­­­­­­­­­­ Message from the National Council of Provinces 5 Bills 6 Highlights from the Committeetracking rooms 7 Bill tracker 8 I put the question 7 30 10 Workshop on Code of Conduct for public office bearers 11 Speaker demands equality for women 12 Women’s Day debate in National Assembly 14 house chairperson ’s tribute to women 16 NCOP conducts oversight in the provinces 22 Bill set to improve South Africa’s health care

24 New strategies to improve service delivery 26 Community education and training is key to success

28 local government drives development

30 Promoting democracy in Africa sadC-PF Election Observation and Monitoring Workshop 32 National Assembly debate on transformation in the mining sector

34 Office of the Institutions Supporting Democracy independent Communications Authority of South Africa 14

COVER: The Multi-Party Women’s Caucus ended Women’s Month with a roundtable discussion on the theme Accelerating Women's empowerment and development through the National Development Plan. Our cover features Chairperson Masefele Morutoa contributing to the discussion. The event will be covered in full in the next issue of InSession. REGULARS

Presiding Officers Ms Baleka Mbete, Ms , Mr and Mr Raseriti Tau Read about what’is Secretary to Parliament Mr Gengezi Mgidlana Editor-in-Chief happening in your Luzuko Jacobs Editor Moira Levy Parliament Acting production editor Elijah Moholola

Design and layout Get your free copies of Parliament's publications. Angelo Lamour To subscribe, email [email protected] Copy editors For print copies, include your postal address. Jane Henshall and Vusumzi Nobadula

Writers: Temba Gubula, Mava Lukani, Sibongile Maputi, Cedric Mboyisa, Elijah Moholola, Sakhile Mokoena, Justice Molafo, Abel Mputing

Photography: Mlandeli Puzi

Distribution & subscriptions: Jacqueline Zils Publisher Parliament of the Republic of South Africa Printer Capitil Press Copyright INSESSION is a monthly publication, which is published by the Information and Content Development Unit of the Parliamentary Communication Services of the Parliament of the Republic of South Africa. All material published is copyrighted and cannot be reproduced without the written permission of the publisher. EDITORIAL ENQUIRIES Telephone 021 403 8738 Fax 021 403 8096 E-mail [email protected] Subscriptions [email protected] Post PO Box 15, Cape Town, 8000

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

STRATEGIC OBJECTIVES Strengthening oversight and accountability; enhancing public involvement; deepening engagement in international fora; strengthening cooperative government; strengthening legislative capacity. VISIT US ON www.parliament.gov.za

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ISSN 2227-1325 (Print) www.parliament.gov.za ISSN 2227-3778 (Online) REGULARS

Message from the national council

The Chairperson of the National Council of provinces of Provinces, Ms Thandi Modise

equality it is a case for human rights, human has increased from 33% in 2009 to Gender dignity, for justice and for democracy. We 38% in 2014 throughout the world. understand that democracy is based on the principle of representation. We know that enabling legislation has We also understand that you cannot represent more than half the helped women’s representation in the population of the world if that population of the world does not see workplace from 14% in 2003 to 20.6% itself at the decision-making tables. in 2013. Professional women increased from 36% to 43% and skilled women We also think that democracy means committed to re-look at robust policies, from 44.2% to 47%. the right to see, to sit, to hear, and to such as the quotas in electoral systems speak and just to be. We think that the that facilitate the election of women. We note that no country in the world has right to vote and the right to run for closed the overall gender gap, according office are but a small portion of what When we make these policies, we to the World Economic Forum 2014 public representation is all about. But it must set ambitious but practical targets report. At the current rate of progress, also means that public representation is that are stringently enforced and are the report estimates that it will take transparent, and that frequent cycles of accompanied by measures to remove 81 years to achieve gender parity. This elections are held. barriers to campaign funding, to curb is too long for women to wait. violence against women in politics and As women parliamentarians we must to eliminate negative stereotypes. We think that promoting gender balance make sure that gender perspectives in all fields and expanding the role of are incorporated in all the policies and South Africa is resolute in promoting women in decision-making is not merely standard-setting initiatives. As women gender equality. In 1991, at its re- a moral imperative. It is a pre-requisite we should believe that women at the establishment conference, the African for effective poverty reduction and decision-making tables will facilitate National Conference (ANC) agreed to a sustainable economic growth. and promote utilisation of all resources 30% quota for representation of women in order to promote sustainable in all its decision-making structures. In The responsibility to see women at the development for women in the future. 2007 it increased the quota to 50%. decision-making tables is important to parliaments because we have the We are concerned about the lack of These measures are largely responsible responsibility. We are obliged to ensure representation and participation of for the increased numbers for women that all citizens are treated equally. women in economics and the other in Parliament which stand at 44.1% in social spheres of all our lives. We know the National Assembly and 38% in the Parliaments should therefore ensure that lack of resources, gender insensitive National Council of Provinces. that resources are allocated to empower electoral policies, prevailing gender women and to create opportunities. stereotypes based on culture and custom This is also reflected in the increased Democracy is not just about the majority and sometimes just pure chauvinism numbers of women cabinet and deputy having a say. It is about enabling that continue to impede the progress for cabinet ministers. It is also a reflection majority to understand to identify and to equal representation by men and of attempts to increase the number of exercise all their freedoms and we think women in both the politics and economy female jurists. In administration also, that as parliaments, as presiding officers of any nation. South Africa is beginning to make we need to play our part. headway in ensuring that heads of We want to recap that around the world administration in the corporate and This is the speech by the Chairperson men make up 78% of parliamentarians, public service worlds are women. of the National Council of Provinces 93% of elected heads of state, 82% (NCOP), Ms Thandi Modise, to the of government and 95% of corporate The 2014 MasterCard Index for Women’s Inter-Parliamentary Union 10th Women executives. It is time to look closer at Advancement shows that gender Speakers conference in New York in gender representation. We know that inequality is still a big challenge. Women August on the theme Democracy: with gender representation we need still earn less than men for similar Innovating for more gender-inclusive to also have political will. We must be work. We also note that the pay gap decision-making processes and bodies.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 5 REGULARS

highlights from the committeerooms

month Parliament’s Committees exercise their 2% target of employing people Every law-making and oversight functions. Cedric Mboyisa with disabilities and 50% women compiled this summary of Committees’ deliberations. in SMS levels within government departments is holding back transformation and perpetuating The Portfolio Committee on Sport Water that might impact negatively injustices of the past as well as and Recreation paid tributes to on the provision of water to areas in undermining years of the struggles rugby players Mr Claude Booysen and Mpumalanga. for women’s emancipation. and Mr Freddie Arries who passed away in separate incidents. Mr Claude While the Committee recognises “It remains a grave concern to the Booysen, 32, who played for the the constitutional right of workers Committee that only 8 729 people Humansdorp All Blacks Rugby Club, to strike, it calls on both parties to with disabilities were employed died after suffering a heart attack devise mitigating plans to ensure that among the 1 324 228 workforce within while playing in a match against the strike action does not infringe the public service. This represents Auckland Tigers. Mr Freddie Arries, on the rights of South Africans to a mere 0.66%, which is totally 21, who played for the Tierberg access to quality water. This call does unacceptable,” said Ms Bertha Mabe, Rebels Rugby Club in the Boland, died not suggest that the rights of the Chairperson of the Committee. after a match he played against the workers are secondary, but is made Excelsiors United after complaining of in recognition of the central role of While the Committee notes slight severe headaches. Gauteng as a major economic hub improvements in average statistics within the continent and seat of of employment of people with The Committee said it is saddened government. disabilities by all provinces, excluding that these young men died suddenly the Eastern Cape as well as all national while in the prime of their careers. Furthermore, the Committee urges all departments, the Committee calls for The Committee sent its condolences parties to return to the negotiating a recommitment by departments to to the families, friends and loved table to ensure that this impasse employ people with disabilities. ones, the South African Rugby Union, is resolved. It is in the interests of the Humansdorp All Blacks Rugby residents and the economy in general One way to achieve this is through Club and the Tierberg Rebels Rugby that the two parties find amicable compliance and submission of Gender Club for the loss of these two young and workable solutions that are Equality Strategic Framework and the talented players. sustainable. What is important is to Job Access Strategic Framework for ensure that the strike action doesn’t the Recruitment, Appointment and This sad occasion befell the rugby impact negatively on the provision of Retention of People with Disabilities. fraternity at a time when the nation water to highlighted areas. is preparing for the Rugby World Cup “It is only through effective planning that is scheduled to take place in The Portfolio Committee on Public that we can successfully surpass September. The Committee said South Service and Administration/ these challenges,” Ms Mabe said. Africa is proud of the contribution Performance Monitoring and The Committee is further concerned the two rugby players had made to Evaluation is gravely concerned that although there was a slight rugby and to the South African sport about the failure of most government increase of employment of women fraternity. departments to reach set targets within the senior management regarding employment of people with services over the last financial year The Portfolio Committee on Water disabilities and employment of women the number still remains below the and Sanitation has noted media in senior management services. 50% target. It is further alarming that reports of the looming strike action the number at the most senior level by members of the South African The Committee remains of the of the public service, levels 15 and 16, Municipal Workers’ Union within Rand view that this inability to reach the is lower.

6 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA REGULARS

Bills tracking trackerbill Bills tabled in Parliament in August

before Parliament in August dealt with the protection essential infrastructure which may and promotion of investments, amendments to the Bills interfere with the provision of basic Criminal Procedure Act and refugees. Sakhile Mokoena tracks the services to the public. legislation currently making its way through Parliament. Refugees Amendment Bill The Protection and Promotion of Criminal Matters Amendment Bill The Bill addresses the Constitutional Investments Bill The aim of this Bill is to amend the Court judgment in the Chipu case This Bill seeks to achieve a balance Criminal Procedure Act, 1977, so as [Mr MJ Chipu is Chairperson of the between the rights and obligations of to regulate bail in respect of essential Refugee Appeal Board] by amending all investors in South Africa, to provide infrastructure-related offences. section 21(5) of the Refugees Act, adequate and equal protection to foreign 1998, so as to confer a discretion on investors and domestic investors, and to It also regulates the imposition of the Refugee Appeals Authority (the promote investment. discretionary minimum sentences for name of the Refugee Appeal Board essential infrastructure-related offences; after the Refugees Amendment It also confirms that the investments to create a new offence relating to Act, 2008 (Act No. 33 of 2008), on of foreign and domestic investors are essential infrastructure; and to provide application and on conditions it deems protected under the Constitution of the for matters connected therewith. fit, to allow any person, including Republic of South Africa and applicable the media, to attend or report on domestic legislation. The level of crime in South Africa its hearings. relating to essential infrastructure, The Bill seeks to treat foreign investors used to provide or distribute basic Public Service Commission and their investments no less favourably services to the public, especially Amendment Bill than South African investors in like involving both ferrous and non-ferrous The Bill seeks to amend the Public circumstances. metal, is unacceptably high and poses a Service Commission (PSC) Act in order risk to, among other things, public safety, to ensure efficiency and certainty with The Bill confirms a commitment by electricity supply, provision of water, regard to the process of renewal of South Africa to protect all investments communications and transportation term of office of a commissioner and irrespective of their origin. and has a negative impact on designation of an acting chairperson South Africa’s economy, society for the commission. The underlying philosophy of the and infrastructure. Bill is to clarify the protection that The Bill seeks to provide for continuity an investor may expect in the Essential infrastructure-related offences in the PSC with respect to retention Republic, and to promote all types of are becoming increasingly more of commissioners with experience investments by creating a predictable organised and are often committed and with regard to the execution of business environment that is readily by armed and dangerous criminal the PSC’s mandate. The Bill clarifies understandable to an investor. groups. the process to be followed by the President whenever the President In some instances it may be unavoidable The amendments intend providing renews the term of office of a to differentiate between foreign and for changes to the law pertaining commissioner. domestic investors. However these to infrastructure-related offences instances are limited and do not violate by providing stricter provisions for The Public Service Commission the principle of equal treatment. the granting of bail. Amendent Bill further makes provision for the designation of a commissioner The government’s right to regulate The amendments also provide for the to act as chairperson of the PSC is emphasised since legitimate policy sentencing of offenders and creating a whenever both the chairperson and the measures should be implemented in new offence to criminalise tampering deputy chairperson are absent or for any the public interest. with, damaging or destroying of reason unable to act as chairperson.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 7 REGULARS

i putquestion the investigated through Emanguzi CAS Questions in Parliament in August asked the relevant ministers 99/07/2015. to account for the actions of South African National Defence Force personnel and of government health care workers, among Ms Deidre Carter (Cope) asked other matters, reports Elijah Moholola. the Minister of Health, Dr , whether he has Ms Tasneem Motara (ANC) asked The impact of these initiatives is investigated who instructed HIV- the Minister of Higher Education displayed in the increase in enrolments infected women to be sterilised and Training, Dr , and graduations in teacher education without their written consent. She whether his department has any programmes. Current expansion also asked if that investigation was plans to reopen the teaching colleges efforts at universities have resulted in used to bring to justice those who that were closed down; and whether a substantial growth in the number had transgressed medical ethics and this will include the Southern Cape of new teacher graduates since 2008. violated the right to bodily integrity Education Training College in the Eden Enrolments in initial teacher education safeguarded in the Constitution. District and many of the colleges that programmes, that is, Bachelor of are currently being vandalised, illegally Education and Post-Graduate Certificate The Minister replied: In June 2012, occupied and used for purposes other in Education programmes have the Department of Health requested than benefiting communities. increased from 35 275 in 2008 to Prof Jack Moodley (Chairperson of the 104 144 in 2013. Over the same National Committee on Confidential The Minister responded: Yes, my period, the number of graduates has Enquiry into Maternal Deaths) and Dr department has been working increased from 5 939 in 2008 to Nat Khaole (then Acting Chief Director consistently in reopening teaching 16 496 in 2013. for Maternal and Women’s Health) colleges that were closed down. to investigate allegations that HIV- These efforts to expand teacher Rev (ACDP) positive women have been sterilised education capacity in the country are asked the Minister of Police, without their consent. They visited in line with the strategies described Mr Nathi Nhleko, whether there are two hospitals in Durban, Addington in the “Integrated Strategic Planning any investigations taking place into Hospital and King Edward Hospital, and Framework for Teacher Education and South African National Defence Force found evidence of systematic abuse of Development in South Africa, 2011- (SANDF) soldiers operating along the the consent process as alleged by the 2025” which I jointly launched with Mozambican border with orders to researchers. Minister [Angie] Motshekga in 2011. shoot and immobilise any threat, and also into vehicle tracking operatives When the issue was first brought The department is working in a logical that were allegedly in hot pursuit of a to the attention of the Department manner to develop institutional hijacked truck; and whether a case of of Health, I requested that details capacity to ensure that the country attempted murder has been opened be provided, including names of is able to produce sufficient quality against the SANDF soldiers in question. the complainants to enable the educators for our schools by: department to investigate the matter * ensuring full utilisation of university The Minister answered: The matter fully. However, the department was campuses that currently offer teacher is being investigated. The members informed that the complainants did education programmes; of the SANDF were not given any not wish to be identified as they were * extending capacity by expanding standing instruction to shoot unless afraid of being victimised, despite our the delivery of teacher education their lives were in danger. This was reassurance that I would personally programmes to additional campus confirmed by the Commanding Officer ensure that the complainants are not sites, which will be identified based on of the SANDF, that these members victimised. the analysis of geographical reach and were informed of the instructions quantified need; and during the induction training. In In 2015, the issue of forced sterilisation * if it is identified that the existing addition the SANDF is conducting an was raised with the Department capacity after being strengthened internal enquiry into this matter. of Health again. The department and extended, is still unable to meet again requested the NGO, Her Rights national and provincial needs, new A case of attempted murder and Initiative, to provide the names institutions will be opened. assault was opened and is being of the complainants to enable the

8 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA REGULARS

department to fully investigate the clients through a number of initiatives allegations. which include easing the process of access to chronic medication, filling In addition, a commitment was made the critical vacancies required in the that an independent team would adjudication of claims and addressing investigate the allegations, if need be. all systems’ problems that contribute However to date, there has been great to slow rate of processing claims. reluctance in providing the department with the information necessary to Adv Anton Alberts (FF Plus) asked investigate this matter. the Minister of Transport, Ms , whether the SA National Mr (DA) asked Roads Agency (Sanral) has at any the Minister of Labour, Ms Mildred stage applied for the certification or Oliphant, whether the Chief Financial exemption from certification of the Officer of the Unemployment e-toll system and related technology Insurance Fund has a turnaround in terms of the Trade Metrology Act, strategy for the Compensation Act 77 of 1973, and/or the later Legal Fund and what the plan Metrology Act, Act 9 of 2014, and entails. other supporting legislation applicable to certification. The Minister responded: Yes. We The Minister replied: The GFIP have put together e-toll system comprises a number of a plan that aims components, only certain of which are to address the regulated by the legislation referred to. bottlenecks in In the case of the camera equipment service delivery installed on the GFIP system, this and sound financial equipment complies with the technical management. It requirements of the current standard entails focusing SANS 1795, Part 5, on data capturing on improving and recording devices for road traffic the financial law enforcement. administration, improving the With regard to other equipment used levels of customer and in the absence of specific technical service in the Fund, regulations, this matter is being addressing human handled by the National Regulator for resource constraints Compulsory Specifications (NRCS) in in the Fund. terms of the Legal Metrology Act of 1973. This is to be achieved by addressing the The CEO of the NRCS will set system deficiencies requirements and conditions for use that prevent of the equipment in terms of Section performance of 22 of the Legal Metrology Act. It basic financial must further be noted that Sanral has management a classification system in place for functions, motor vehicles and a representation improving procedure for users who wish to query Ms Tasneem Motara (ANC) access to the classification of a motor vehicle for benefits for a specific transaction.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 9 committee news joint committee on ethics and members’ interests

Public representatives must make sure their conduct is above reproach

behaviour and honesty by elected public He said it was important for elected public representatives to conduct representatives is expected not just to comply Ethical themselves in a manner that inspires with the rules or to avoid penalties, but because it is the right thing to do, public trust. Stakeholders in the writes Sakhile Mokoena. ethics sector should focus on creating awareness of the level of ethical The Co-Chairperson of the Joint Ms Modise advised the Committee conduct that is expected from elected Committee on Ethics and Members’ to relook at the language in the public representatives and ensure that Interests, Mr Amos Masondo, told a Code, which she said at times creates the expected ethical level is adhered to, workshop on the Code of Conduct for confusion. “MPs have said sometimes he said. public office bearers that Members of it becomes difficult for families to work Parliament (MPs), Members of Provincial because one of them happens to be He said it was the Joint Committee’s Legislatures (MPLs) and municipal in the Executive or in Parliament. We responsibility to assist MPs where they councillors must develop a culture of need to be sure that what we say is need help. “Our responsibility is to ethics and integrity and move beyond behaviour does not violate the implement the Code where there is compliance. rights of others, simply because they improper conduct. We must also create are related to me,” she said. a climate of trust within a multi-party He said elected public representatives Committee so that it is not used for should not just aim to comply with Ms Fazela Mahomed, the Registrar of political games. respective codes of conduct, but should the Joint Committee, said the Code strive towards ensuring that their of Conduct is part of the Rules of “The Code will only be effective if we conduct is above reproach. Mr Masondo Parliament and a system based on ensure its proper implementation. It is said the best codes of conduct could what she calls “peer review”. She said easy to craft and produce documents. only be effective if they were properly the purpose of the Code is to hold Those who are guilty of improper implemented. He added that there MPs accountable in their exercise of conduct must face the consequences,” was a need to develop a culture of no public power, determine acceptable he said. tolerance for unethical behaviour. behaviour and help MPs conduct themselves appropriately as public The workshop agreed that it was National Council of Provinces representatives. important for all spheres of government Chairperson, Ms Thandi Modise, to discuss the concerns of the public hoped there would come a time “It also seeks to establish minimum and build a culture of ethics within when MPs will declare their interests standards of behaviour, promotes all state institutions. MPs, MPLs automatically without being prompted. values enshrined in the Constitution, and councillors who attended the reduces secrecy and ensures that MPs’ workshop agreed that elected public She said public representatives must personal interests are open to public representatives should always make be able to say: “I am not ashamed to scrutiny,” she said. She added that the ethical decisions for the benefit of the declare what I have because I got it consequences of improper conduct country and its people. honestly. As public representatives, could ruin an institution. what we say and what we do must The Co-Chairpersons said two find expression in how we earn, Co-Chairperson of the Joint Committee, workshops will be organised with how we use our earnings and how Mr Aumsen Singh, said it was stakeholders in the ethics sector by we display our conduct. The Code of important for public representatives the end of 2015. The Committee Conduct speaks to transparency, speaks to ensure public trust. “Politicians has already held similar events at to honesty in our definition of a leader. are generally seen as suspect so we the Gauteng Legislature, the City I always think that the first big word have to earn their trust, not only by of and Sedibeng we must use is not vision. It is honesty. following the book but also through Municipality and will extend these Can I trust this person?” she said. our personal habits,” said Mr Singh. workshops to other provinces.

10 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA women’s month special focus

Second, our Parliament, has Gender inequality established a focal point specifically related to the implementation of our National Development Plan, which is blocks development our 30-year development roadmap. In this regard, we will be engaging the Executive on specifically localising the – Speaker goals and targets, and ensuring the mainstreaming of these targets.

an edited version of the speech delivered by the Speaker Most urgently, we must amend This of the National Assembly, Ms Baleka Mbete, on the occasion or overturn laws and policies that of the Inter-Parliamentary Union 10th Women Speakers conference in New continue to discriminate against York: Development and Innovative Financing on Gender Equity. women. In this regard, our Parliament, will undertake an assessment of our Equality Legislation, together with Twenty years after Beijing, no country based discrimination; violence against civil society and the broader women’s has achieved gender equality. From women and girls; harmful practices movement. the African perspective the success of such as child and forced marriage; the post-2015 development agenda women’s disproportionate share Third, we must have adequate will be best tested through the of unpaid care work; lack of equal investment in gender equality and successful implementation of regional participation in decision-making in women’s rights. Gender budgeting programmes such as the Agenda 2063, political, economic and social life; is a vital tool to ensure that new through which the African leaders and lack of access to sexual and commitments to gender equality are determined to eradicate poverty reproductive health. become a reality. Through our in one generation and build shared Parliamentary Budget Office, relevant prosperity through social and economic The three key issues are: First, Committees, and our Multi-Party transformation of the continent. we must ensure that we have Women’s Caucus, we will re-introduce robust data and evidence that can gender-responsive budgeting. Within that context, Financing for demonstrate whether progress is Development must help us to achieve being made, and for whom. Data In this regard, we will also be gender equality. The full realisation of for all targets and indicators in the collaborating with provincial the human rights of women and girls post-2015 development agenda legislatures to ensure that we work is essential to achieving sustained, must be disaggregated by sex, together across the spheres of inclusive and equitable economic income, social group, age, disability government. In South Africa we work growth and sustainable development. and socioeconomic status, to really together as the legislative sector In other words, no country can be capture inequalities and disparities. through a networking mechanism recognised for economic growth when called the Speakers’ Forum. its women and girls are lagging behind. As the South African Parliament, we will be meeting with the Statistician In eight of the nine provinces the We cannot promote women’s economic General, on the roll out of the 52 Speakers are women. At national level empowerment or achieve broader standard indicators for gender the Presiding Officers are two women. development goals unless we really equality and women’s empowerment. In addition to two male Deputies there tackle the structural inequality and are five further Assistant Speakers, discrimination. Unequal power relations This must include 19 important three of whom are women. between women and men, and deeply indicators on economic structures, held attitudes and beliefs and gender productive activities and access As the post-2015 development agenda stereotypes, continue to underpin and to resources, together with the is adopted in the coming weeks, reinforce gender inequality. nine standard indicators for and as governments prepare for violence against women, which implementation, we have a once-in- We are therefore very pleased that have been adopted by the United a-generation opportunity to invest in the Sustainable Development Goals Nations Statistical Commission. As gender equality, women’s rights and (SDGs) include a strong, dedicated Parliaments, we must make sure that women’s empowerment, including gender equality goal, goal 5. It we are ready to measure what we women’s economic empowerment. We addresses key structural constraints will be implementing, from 1 January cannot afford a slow start. We must to gender equality, including gender- 2016. see action to inspire action.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 11 special focus WOMEN’s month

Women united in moving South Africa forward

the era South African women worked During hard to secure equal rights for all, a campaign that culminated in the famous 1956 Women’s March. A joint sitting on Women’s Day was held in August to commemorate this milestone, which underscored women’s inalienable right to liberty and pursuit of self-determination, writes Abel Mputing.

The sitting debated the theme to the African Union (AU) development “Women United in Moving South Africa agenda. “Women’s Month kick-starts Forward” and was an opportunity to the mobilisation and celebrations reflect on how far women had come throughout 2016 that will culminate and on the challenges that remain, in various festivities of the 60th said the Minister of Women in the anniversary of Women’s Month. Our Presidency, Ms Susan Shabangu. mobilisation of women is part of the African Decade of Women and we This year’s debate coincided with continue to mobilise around the AU the President’s release of the Report theme: “2015: the Year of Women’s on the Status of Women in the Empowerment – towards Agenda South African Economy. One of the 2063.” recommendations it makes is that the economic cluster must ensure The Democratic Alliance’s (DA’s) for its 50/50 campaign, said Salga that women’s access to ownership Ms said: “Women Councillor Ms Nombulelo Hermans. of land and property is fast-tracked. are well represented in the world of politics. However, despite the “Salga has identified the need to “Our commitment as the Ministry in government’s commitment to equal support the national developmental the Presidency is that women’s issues representation, only one premier out goal of women’s empowerment and and gender equality can no longer of eight provinces is a female and gender equality at local government be attended to only in August. Hence there are very few female mayors in level, by ensuring that there is among other things, we have launched the municipalities. Is it any wonder continued advocacy of these policies a #365 days campaign; strengthening then that the ANC Women’s League through the establishment of the ongoing partnerships and regular declared not so long ago that South Salga’s Women Commission. dialogues. Our approach is to link Africa was not yet ready for a female ongoing work for women’s socio- president? The idea that a country “The Women’s Commission seeks to economic empowerment and gender has to be ready for a female leader coordinate, promote and advocate equality into all the programmes of is insulting.” for gender-appropriate strategies and government, private sector and civil practices within municipalities. One society,” Ms Shabangu said. To address the lack of women’s of its main objectives is to evaluate representation in local government, the representation of women within The #365 days campaign will the South African Local Government the local governance structures culminate in the 60th anniversary of Association (Salga) has formed a through the furtherance of its 50/50 the 1956 march, which will be linked Women’s Commission to advocate campaign,” she said.

12 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA WOMEN’s month special focus

WOMEN UNITED: Women face a gap between their legal rights and their ability as individuals to claim them.

The DA’s Ms is of recognition of parallel legal systems the United Nations, Mr Kofi Annan, the view that there is no shortage of that don’t complement each other, to make her point. “Gender equality laws to assist women. What is lacking said the Economic Freedom Fighters’ is more than a goal in itself. It is a is the political will to implement Mr Younus Vawda. precondition for meeting the challenge them. of reducing poverty, promoting “One of the greatest challenges facing sustainable development and building “African countries are not short of women in much of the world is the good governance.” good laws and policies, but we gap between their legal rights and lack the political will to implement their ability as individuals to claim Echoing Ms Majeke’s sentiments, them. Among other things, them. This is exacerbated by national Mr Mntomuhle Khawula of the plans should be developed to constitutions that, although they are claimed that avoid tokenistic appointments increasingly likely to guarantee gender women make better statespeople during elections simply to meet equality, also recognise the authority than their male counterparts. “For quota requirements and also to of parallel legal systems based on example, it is during Dr Nkosazana monitor adherence to international custom, religion or ethnic affiliation Dlamini-Zuma’s term that the AU has instruments that our countries sign.” that often compromise each other.” developed a vision for Africa, Agenda 2063. Secondly, the Office of the One of the greatest challenges facing Gender equity is still an issue to this Public Protector has had male public women’s empowerment is their ability day, said Ms Cynthia Majeke of the protectors before but it is only during to access their legal rights and this is United Democratic Movement. She Adv Thuli Madonsela’s term that it got made even worse by our Constitution’s quoted former General Secretary of known throughout the country.”

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 13 special focus women’s month

women wanted then but also what women want today in the new South ‘We, as women, will Africa.

A year later, South Africans from all fight until the end’ walks of life, men and women, met in Kliptown to declare for all what is an edited extract of a speech delivered by House a new South Africa they wanted for This Chairperson Ms Thoko Didiza to the Eastern Cape Legislature themselves and their children. This was to mark Women’s Day. in direct contrast to the realities of the time in which a government, through various statutes, had disenfranchised In 1954, women of South Africa met our inherent right to the advantages, the majority of its citizens. Together, and adopted on 17 April, the Women’s responsibilities and opportunities that in agreement, they said, South Africa Charter. I want to quote society offers to any one section of the belongs to all who live in it, black and the preamble of that charter. population.” white. It is this vision and roadmap which all of us aspire to in the new “We, the women of South Africa – wives This is the preamble of the Womens’ South Africa. and mothers, working women and Charter which was adopted by the housewives, Africans, Indians, Europeans Federation of South African Women. Through their sweat and blood, and Coloureds – hereby declare our aim It is through this declaration that they worked tirelessly to fulfil these of striving for the removal of all laws, these women of our country aimed to aspirations. Today we have inherited regulations, conventions and customs claim their rights as full citizens. It is a country in which we are full citizens. that discriminate against us as women important for me to note that such a It was women in 1956 who worked and that deprive us in any way, of chapter carried the aspirations of what tirelessly to say never can we carry

14 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA women’s month special focus

MONEY TALKS: True equality for women is only a reality when women have the means to properly support themselves and their families with jobs that pay them enough to live with dignity.

those women like Seraai, who knew It is 21 years since February 1994, and understood that while she could not when the Women’s Charter for effective bear a child, she would be able to go the equality was adopted by the Women’s extra mile so that Abraham had an heir. National Coalition in which South African women affirmed and claimed their full It is this kind of fearlessness of the citizenship of a democratic South Africa. women like Ms Harriet Colenzo who in Indeed, it is an honour to be with you 1910 mobilised the majority of those today as a representative of our people in South Africa who believed in pan- in a democratic South Africa that our Africanism and said “We have to form forebears fought for. an organisation that will represent the people to fight for our freedom.” Today, we are the inheritors of freedoms and liberties that were denied to our Remember it was during those years forebears and many of us. Today we can when the apartheid government, the say without fear that we are citizens of Union government at the time, took a free South Africa. We understand that away land illegally in 1913. in the many years of discrimination that we have endured, it will take years to In 1955 in Kliptown, all democratic- eradicate poverty, discrimination and loving South Africans proclaimed and under-development. However, seated said “the people shall govern”. I want here, we can all say the journey has to quote this clause. “Every man and begun and we are on course. woman shall have the right to vote for, and to stand as a candidate for all bodies If you look at the problems of Parliament which make laws. All people shall be and the Legislatures today, it has an identification that can exclude and able to take part in the administration of factored in that reality that we have oppress some of us. the country. The rights of people shall be children and families, something which the same, regardless of race, colour or was not heard before. Women in South It reminded me of a queen of Africa, in sex. All bodies of minority rule, advisory Africa have recognised that the struggle Ghana, when they were fighting the boards, councils, shall be replaced by for women’s emancipation will not be British. When their king was taken away, democratic organs of self-government.” fulfilled unless they also work beyond she realised that men were quiet, were political parties, beyond religious scared, and as she sat amongst them, Reflecting on these words of our formation, beyond culture. she said: “Our king has gone, and here forebears, 60 years ago and the adoption you are seated. If you are scared, we as of our Freedom Charter, we can say all We have not forgotten that we are women will fight until the end to attain of us in this assembly, that indeed, the women and we represent the interests our king and our freedom.” people are governing. We stand here as of the womenfolk in this country. There women having attained our right to vote are times when we are able to put aside It is those women, like the famous and be voted for. our differences and say together we Queen of Sheba, who ruled Abyssinia, want to make a difference to create a today Ethiopia, a fearless woman, who It is these aspirations that we continue better South Africa for our children. led many in the world, including King to work towards in order to attain a Solomon, to ask how has this woman South Africa that belongs to all who live It was the same spirit in the 1980s ruled her land. in it. We meet here, just fifty nine years when women in the Black Sash held after the march to the Union Buildings, hands with women whose children Many of those generation of women where South African women of all were detained, were in jail, were in have taught us how it is to be tough races, cultures, religions and creeds, exile and said “not in our name”. It was but gentle. It is those women like came together to say “no” in carrying those women whose children were Naomi and Ruth in the Bible. It is those passes as a symbol of oppression and conscriptees who said “not in our name. women like Esther in the Bible. It is segregation. What war are our children fighting?”

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 15 special focus ncop oversight week

Members of the public share their views with members of the Portfolio Committee of Cooperative Governance and Traditional Affairs and provincial and municipal leadership in Tswaing in North West province. NCOP travels countrywide to hear the people ‘first hand’

National Council of Provinces (NCOP) recently conducted a week of oversight in the provinces to The assess service delivery and administration in municipalities. The InSession team travelled with them and report on activities of the various delegations.

16 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA ncop oversight week special focus

Provincial intervention seems approval for putting these municipalities ensuring that senior managers signed inevitable in Ventersdorp and Tswaing under provincial administration. performance agreements, as well as local municipalities, but it is the NCOP making a start in paying off their Eskom that remains the final arbiter on Residents and stakeholders at these debt and other debts. whether the North West Provincial municipalities corroborated the concerns Executive Cabinet should be granted highlighted by the MEC, as their The municipality had also put in place permission to proceed with placing desperation for functional and viable plans to refurbish the ageing water and these municipalities under provincial municipalities was not only visible in sanitation infrastructure and sort out all administration, in terms of Section their dejected faces, but also throughout contractor-related challenges to ensure 139(1)(b) of the Constitution, writes their interactions with Committee that residents get the quality service Temba Gubula. members. they deserve.

This principle, according to Mr Jihad In Ventersdorp such an intervention It has not been smooth sailing though Mohapi who chairs the Select Committee seemed inevitable as the Committee, for for the intervention teams at these on Cooperative Governance and example, heard from the Independent municipalities, as water and sanitation Traditional Affairs, is not unique to North Municipal and Allied Trade Union and the challenges were still abound. Despite the West, but it is a rule applicable to all South African Municipal Workers’ Union marked improvement in the provision of provincial governments that intend to who spoke about the difficult situation, these basic services, some areas were invoke the provisions of Section 139(1) which resulted from a dysfunctional still without them. (b) of the Constitution to beleaguered Local Labour Forum, the appointment of municipalities. unqualified personnel, non-adherence to Committee members of the Select the Occupational Health and Safety Act, Committee wanted these municipalities The Committee, as directed by lack of training and of the tools of trade. to address deficiencies in public legislation, embarked on fact-finding participation as most community missions to Ventersdorp and Tswaing The South African National Civic members complained that Integrated municipalities to ascertain the Organisation and ward committee Development Planning and budget justifiability of invoking Section 139(1) members complained about dormant processes were conducted without (b) of the Constitution against these public participation where a year their involvement. The Committee municipalities. has passed without some councillors condemned this and called on the holding meetings with their respective municipalities to fix this as soon as According to North West MEC for Local wards. Irregular appointment of possible. Government and Human Settlements, service providers was said to be a Mr Collen Maine, the intention of contributing factor to substandard service Committee members also expressed putting these municipalities under delivery. Residents at the meeting still their concern about revenue collection provincial administration is meant complained about the lack of water and enhancement, income generation and to guide them out of their dismal sanitation. debt recovery strategies and advised financial management and leadership the municipalities to focus on this. The performance, unhealthy labour relations, Following the application for the Tswaing Local Municipality, for example, weak internal controls, flouting of supply intervention in April this year, the is owed R18m by the Ngaka Modiri chain management regulations, among MEC appointed and seconded an District Municipality. The Committee other things. administrator and an acting municipal will engage with National Treasury and manager to turn this municipality national Cogta to assist the municipality Mr Maine said these irregularities, around by May this year. This to recover the money. inefficiencies and poor performance led partnership has been able to make to deplorable levels of service delivery some strides by developing a revenue Having concluded its fact-finding and thus necessitated the provincial enhancement strategy, stabilising mission to Tswaing and Ventersdorp government to take action and write relations in the council, resuscitating municipalities, the Committee will to the NCOP in April this year to seek labour engagement forums and deliberate on the report and advise

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 17 special focus ncop oversight week

the NCOP on how to proceed with the but also in the country. Rustenburg’s Committee member Mr Fana Mokoena application of the North West Provincial 46% share of the economy is from agreed and said the mining sector Executive Council to invoke Section mining and Moses Kotane’s around is in trouble and that experts warn 139(1)(b) of the Constitution against 18%. The district is looking to new that the sector is not likely to come these two municipalities. mines to lift the economy. We believe out unscathed. “The proposed special more opportunities will be created economic zone (SEZ) is looking to A fact-finding mission on economic and economic spinoffs will increase,” employ 900 people and yet the growth to the North West Province the Acting Bojanala District Municipal unemployment rate is above 40%, means one thing: mining, mining Manager Mr Tsatsi Ramagaga said. translating into about a million job and more mining. The Select opportunities that need to be created. Committee on Trade and International “Dependence on mining will impact This is a challenge, and add to it what Relations heard of a stagnant industry negatively on the area. These mines is happening to the mining sector,” as a result of dropping commodity will be depleted in the next 50 years Mr Mokoena said. prices. Mine companies intend or so. The municipality has to look retrenching workers and some are at other means of production,” Mr He said emerging economies were scaling down with a view to shutting Ramagaga said. now diversifying and were moving down operations. It is bleak out there, away from being single-commodity writes Sibongile Maputi. He said there was a need to ensure that economies. “This is a trend and the mining companies stick to the Mining North West should be moving in The Committee undertook a week- Charter, and that municipalities are that direction. What are you doing to long visit to North West’s Bojanala involved in awarding mining licences, diversify, to create more jobs to at least district in an attempt to understand but also have an input in social labour get closer to the required million jobs? the challenges that hamper economic plans of mining companies. You should up the ante,” he said. growth in the province. The visit was also meant to ascertain shortcomings Member of Mayoral Committee on “You need to be aggressive in in implementing national programmes Economic Development, Councillor diversifying the economy of mining of government and addressing key Sheila Mabale-Huma, agreed and said towns so that you do not follow the priorities as articulated in the National Lonmin has announced its intention to route of many mining towns that have Development Plan (NDP). retrench about 6 000 workers. “Other become ghost towns,” he said. mines are scaling down and considering The Chairperson of the Committee, closing operations. This will affect the The province said the plan is that all Mr Eddie Makue, said the Committee financial viability of the municipality platinum beneficiation will be done also wanted to track progress on various even further,” she said. locally. Electricity and water were initiatives of leveraging employment highlighted as challenges but the creation and export earnings from Committee member Mr Boingotlo province is working hard to have those beneficiating locally mined minerals, Nthebe said the district and the in place when the SEZ begins. tourism development and agro- province need to be at the forefront processing. “Agricultural economy is of putting meaning to what local The NCOP’s Select Committees on crucial in a rural province like the North beneficiation of minerals mean. “South Appropriations and Finance are West. Another important aspect of Africa is a developmental state and concerned that delays in completing growth is manufacturing as globally it is that means the state intervenes in government building projects are the driver of economies. The Committee sectors when there is a need to do severely affecting service delivery is here to learn first-hand the challenges so. The province should bring tangible and putting a strain on government the province has, especially in the meaning to localisation in the mining budgeting through increased costs as Bojanala district,” Mr Makue said. sector. Platinum recycling is one a result of the extended deadlines, feasible area you could consider,” Mr writes Sakhile Mokoena. The Committee heard how harmful Nthebe said. the pending retrenchments would During a joint oversight visit to the be to the North West economy. He said value adding, beneficiation and province of KwaZulu-Natal, the “Mining contributes the highest to the localisation will avoid the pending mass Committees were shocked to learn that economy not only in the North West retrenchments in the mines. work that started over 15 years ago

18 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA ncop oversight week special focus

DIVERSE ECONOMY NEEDED: The Chairperson of the Select Committee on Trade and International Relations, Mr Eddie Makue (far right) with other members of the Committee visit the Pilansberg Airport in North West. to renovate the King Dinuzulu Hospital Hospital Chief Executive Officer This view was echoed by his Complex in Durban, through the Dr K Naidu, told the NCOP delegation counterpart in the Select Committee government’s Hospital Revitalisation the delays in the completion of the on Finance, Mr Charl de Beer, who Grant, was still nowhere near TB ward had a negative impact on the gave the example of a mental completion. delivery of services and increased the hospital that has been under risk of contagion. construction for 11 years in the The Department of Public Works’ Northern Cape. “The construction of officials told the Committees that Dr Naidu said the construction of a the mental hospital in the Northern total expenditure from 1997 to July hospital with patients on-site is very Cape started with a budget of R200m this year for the construction of the difficult and advised that it must and now 11 years later, costs have hospital complex came to a total of not happen again anywhere else. increased to more than a billion rand more than R988m. “A 15-year delay “At times we had to move patients and the project is still incomplete. is unacceptable. How do you explain to other hospitals to make way for Nobody can explain what happened a delay of 15years? That means for construction,” the CEO said. to the R1bn,” said Mr De Beer. all these years public money has been spent incorrectly. There is no The delays in the construction of the The delegation also visited other bottomless pit of money. We need hospital were blamed on continuous beneficiaries of the Hospital to correct our attitude towards the structural changes due to design Revitalisation Grant in the province, spending of public money. If we adjustments, as well as liquidation of Edendale Hospital in Pietermaritzburg are not able to spend correctly, the on-site small contractors. and Ngwelezane Hospital at taxpayer is not going to receive the Empangeni, where the delays were services,” said Ms Tasneem Motara, The Chairperson of the Select considered reasonable. Whip for both Committees. Committee, Mr Seiso Mohai, said it was a great concern that there The Committees also conducted She said delays often resulted in were major projects in South Africa oversight on the spending of the additional costs and overspending, that took too long to complete. Municipal Infrastructure Grant for the which meant that one project was “Infrastructure development is key provision of water and construction taking from other priorities. We need for the economic development of of roads and the School Infrastructure to take better responsibilities and the country, but it cannot be correct Grant. avoid unexplained delays and roll- to have projects that take forever to overs,” she said. complete,” he said. Mr Mohai said the aim of the

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 19 special focus ncop oversight week

BREAKING NEW GROUND: The completed phase 1 of the housing project in Marikana Extension 2 in North West.

oversight visit was to look into the Medupi Power Station alone, The meeting started off with Ms Prins expenditure and evidence of the has increased the stability of Eskom’s delivering opening remarks, in which spending. power system. The company has she clarified the purpose of the visit, provided uninterrupted power saying the Select Committee needed “If what you (municipalities and supply for at least two weeks, to satisfy itself regarding the progress departments) are spending on writes Justice Molafo. taking place on the ground. translates into expected outcomes (government plans) and whether This was the news from Eskom’s “This project is of national importance there is value for taxpayers’ money, Acting Executive for Group Capital, and key to the Select Committee in the we are mandated by the Constitution Mr Abram Masango, when he briefed sense that the country’s economy is to conduct oversight to ensure members of the Select Committee on dependent largely on the efficient and accountability,” he said. Communications and Public Enterprises sustainable power supply,” she said. when they visited Medupi in Lephalale, KwaZulu-Natal is drought-ridden Limpopo Province. The Committee then had a site and the Mkhanyakude District is the inspection of the plant, during which hardest hit with a huge water problem, The Medupi Power Station, one of the Eskom executives reported that unit especially in the rural areas. biggest projects in the country with one, the last unit on the construction a budget of R105.3bn, is a coal-fired line, is expected to be completed by The construction of the R205m power plant comprising six units rated December 2018. Jozini Water Treatment Plant is at 800MW each. With the construction expected to bring relief in the region of Unit 6 having been completed and Members of the Committee were once completed. Officials from the handed over to Eskom, the constructors satisfied to hear during the Eskom Department of Cooperative Governance are now focused on completing Unit 5 presentation that lessons learnt during and Traditional Affairs estimate that by March 2016. the construction of Unit 6 will be applied R42bn would be required to supply during the construction of the other five every citizen of the province with clean The Select Committee, under the units. They were also pleased with the running water. leadership of Ms Ellen Prins, visited the number of jobs the project has created power station in order to assess progress, in the communities of Lephalale and The additional power of 800 its impact on the local community and Marapong. megawatts (MW) into the national talk to the executives of Eskom as well grid, generated daily from Unit 6 of as other stakeholders. The project has created 18 000 direct

20 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA ncop oversight week special focus

jobs and 2 000 indirect jobs since 2013 After everyone was given an opportunity Furthermore, while the Committee and members of these communities to speak, the Committee resolved to acknowledged the challenges that have contributed 100% in unskilled extend an invitation to Eskom, the affected the delivery of the project and 45% in semi-skilled labour. provincial legislature, the municipality on time, the Committee urged the Approximately R55.86bn has been spent and all the stakeholder representatives department to ensure that the on local procurement, of which R2.3bn to discuss the establishment of a October deadline was met. “All the was invested in community projects, working committee. The Committee more than 500 rental as well as including housing, roads, bridges, would oversee the implementation Breaking New Ground units must be electricity, a sewerage plant, community of social labour plans by Medupi and occupied by December,” Ms Dlamini halls and classrooms. Matimba power stations as well as said. Exxaro mine, which is a sole provider The Committee also met with of coal to both stations. The Committee further commended representatives of stakeholders including mining companies that have traditional leaders, businesses, people The Select Committee on Social contributed in one way or the other living with disabilities, youth and civic Services is impressed with progress to ensure the project succeeded. The organisations. The meeting took place made towards completing the housing Committee is of the view that it will at the Lephalale Local Municipality project in Marikana, North West. The be only through a collaborative effort council chamber, and all three spheres Committee is on a joint week-long between government and the private of government plus the Limpopo oversight visit to North West and sector that the project to revitalise Legislature were represented. Gauteng to assess progress on service mining towns would be a success. delivery, writes Malatswa Molepo. During the meeting, the stakeholders Meanwhile, the Select Committee agreed that Medupi has made a The Committee commends the on Education and Recreation has positive contribution to the economy Department of Human Settlements on welcomed the creation of teacher of Lephalale, but they had many the inspiring Phase 1 of the housing development centres in the North complaints. A headman from Marapong project in Marikana Extension 2. The West. The Committee is cognisant Village, said his people continue to be Committee is impressed with the of the need for teachers to be re- overlooked for vacancies at Medupi. workmanship and has called for the skilled from time to time and view project to be replicated in future projects these centres as central in improving Ms Rata Modiba, representing people across the country. the quality of teaching and learning. living with disabilities, complained that disabled people are not fairly “As the Committee, we are pleased with The Committee has nonetheless represented in the Medupi workforce. the size as well as attention to detail cautioned against opening many “We also need to be empowered,” we have witnessed. We are of the view centres while it faces financial she said. that the houses will go a long way in constraints. Proper planning should restoring the dignity of South Africans ensure that the little financial Mr Mmupi Moloto, who represented who have long suffered in sub-standard resources the department currently the youth, lamented the numerous temporary structures,” said Ms Cathy has, are used for maximum impact. challenges facing the youth in Dlamini, the Chairperson of the Select Lephalale. “Our challenge is lack of Committee of Social Services and leader The Committee was further informed economic transformation, lack of skills of the delegation. that both the Departments of development, Eskom’s recruitment Education and Health were under criteria, internships and bursaries,” While the Committee is impressed, administration and resolved to invite said Mr Moloto. it has cautioned against any both departments to Parliament to manipulation of the list process. “Every brief the Committee on reasons that He explained that Eskom’s requirements recipient should receive a house based led to their departments being placed for bursaries and internships are too purely on merit and not on the basis under administration. This briefing high for most of the youth and they (the of relation or acquaintance to people will be done in collaboration with youth) are not able to make use of the in positions of authority,” Ms Dlamini the respective Provincial Legislature opportunities. emphasised. Portfolio Committees.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 21 GENERAL NEWS DEBATE ON MEDICINES AND RELATED SUBSTANCES AMENDMENT BILL

Bill set to improve SA’s health care

South Africans against dangerous medicines Protecting and related substances depends largely on the existence of an effective health regulatory authority, the Chairperson of the Portfolio Committee on Health, Ms Lindelwa Dunjwa, told Members of the National Assembly (NA) during the debate on the Medicines and Related Substances Amendment Bill in the National Assembly recently, writes Mava Lukani.

Ms Dunjwa said South Africans should regulatory authority. “It is the role always be certain that medicines and of a national medicines regulatory related substances they buy are safe. authority to guarantee the quality, “The amendment of the Medicines safety and efficacy of medicines and Related Substances Act (Act No made available to the public,” 101 of 1965) will ensure that people Dr Motsoaledi said. receive medicines that are safe and effective. The same goes for medical He said the establishment of a new devices that are of good and effective medicines regulatory authority quality,” Ms Dunjwa said. in South Africa has been on the table for a few years as the current She told NA MPs that the Bill came MCC is insufficient to manage before the Portfolio Committee on the workload of reviewing and Health in September 2014 and after considering the ever-growing number discussing the Bill and conducting of medicines applications. The MCC public service to regulate medicines public hearings, the Committee receives between 1 200 and 1 600 and medical devices was taken in late adopted it in August 2015. She said applications a year. Dr Motsoaledi 2007 and resulted in the Medicines the Bill would introduce a shift in the also said in vitro diagnostic medical and Related Substances Act, 1965 regulation and control of medicines devices are among the products (Act No 101 of 1965) being amended and medical devices. that previously have not been fully by the Medicines Amendment regulated in South Africa. Act, 2008 (Act No 72 of 2008),” “The Bill will create the South African Dr Motsoaledi said. Health Products Regulatory Authority The new national medicines (SAHPRA), which will replace the regulatory authority will have He assured MPs that SAHPRA will existing Medicines Control Council a mandate that will include address the challenges of access to (MCC). The current MCC Committee management of the registration, safe and affordable medicines and will be replaced by a separate regulation and control of medicines, medical devices of good quality board that will oversee the work of complementary medicines, clinical by improving efficiencies in the SAHPRA.” trials, active pharmaceutical current system and fast-tracking the ingredients, medical devices and in registration of priority public products. Addressing the MPs during the vitro diagnostic (IVD) devices. “An efficient SAHPRA will make debate, the Minister of Health, essential medicines and products Dr Aaron Motsoaledi, said he was “The decision to establish SAHPRA as more readily available and potentially delighted to speak on a subject that an organ of state within the public reduce prices through increased strengthens the country’s medicines administration but outside of the competition and licensing of generic

2022 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA DEBATE ON MEDICINES AND RELATED SUBSTANCES BILL GENERAL NEWS

SAFETY IS A PRIORITY: One of the roles of the government is to ensure that South Africans have access to safe and effective medicines. products,” Dr Motsoaledi explained. Committee on matters relating to “If SAHRA follows this broader trend The Bill provides for the composition subsidising of medicines, medical of staff deficiency it will become an of the board of SAHPRA, including devices and IVDs according to any anaemic and ultimately dysfunctional among other things, the appointment rebate or incentive scheme. organisation,” said the Democratic of board members and its chairperson Alliance’s NA MP Dr Heinrich Volmink. and vice-chairperson, disqualification NA MPs welcomed and supported of board members, meetings of the the new amendment to the Act, Dr Volmink agreed with the board and the appointment of various as it was designed to strengthen Committee Chairperson Ms Dunjwa committees as well as the board’s drug regulatory capacity especially that the Bill had gone through dissolution. for inspection, quality control and a rigorous Committee process. laboratory work. NA MPs also “This is testimony to what can be The Bill also empowers the board highlighted the problem of the accomplished if we work towards to appoint a chief executive officer vacancy rate in the health care sector a common purpose and the (CEO) after consultation with the and urged Dr Motsoaledi to ensure Chairperson’s hard work in this minister – and to require the CEO to that vacancies, especially of doctors, instance should be recognised,” conclude a performance agreement are filled. said Dr Volmink. with the board and to make the CEO accountable to the board. In addition, A 2013 South African Institute of The Bill was adopted by the NA the Bill allows the Minister of Health Race Relations survey showed a and will now be transmitted to the to prescribe acceptable and prohibited 56% vacancy rate for doctors and National Council of Provinces for acts in consultation with the Pricing 46% for nurses in the public sector. concurrence.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 2123 Committee news portfolio Committee on Cooperative Governance and Traditional Affairs

New strategies to improve service delivery service delivery challenges have motivated the Ongoing Department of Cooperative Governance and Traditional Affairs (Cogta) to find strategies for the effective provision of services in local municipalities. It shared these plans with the Portfolio Committee on Cooperative Governance and Traditional Affairs, writes Abel Mputing.

The Minister of Cogta, Mr Pravin approaches, said the Senior Manager Gordhan, told the Portfolio for Municipal Infrastructure Policy in Committee on Cooperative Cogta, Mr Werner Heyndreich. Governance and Traditional Affairs that some of the barriers to service The outcome of the review advocated delivery are a lack of infrastructure two MIG streams that will take into and capacity. To address these consideration different realities rather problems, Cogta has proposed a than a one-size-fits-all approach, two-pronged strategy that will he said. “The first phase of the IGM reconceptualise the Municipal constitutes a project-based approach. Infrastructure Grant (MIG) and Its second phase has less conditionality promote the Back-to-Basics and is monitored based on overall campaign as Cogta’s integrated social capital programme and achievement “Twelve years down the line it was service delivery approach. of agreed outputs, rather than on necessary for CoGTA to review the a project-by-project basis. It has MIG’s impact on service delivery. Its “[MIG] was a Cabinet decision and to also introduced the Infrastructure realisation of the ineffectiveness of date it is the largest local government Investment Plans as a condition piecemeal infrastructure grants in infrastructure development funding for municipal allocations to ensure addressing some of the challenges in South Africa that has dispensed that selected MIG projects form part that municipalities are faced with approximately R104bn over 12 years. of Integrated Development Plans is encouraging. It shows that the It provides municipalities with a and are in line with the sustainable department’s finger is on the consolidated capital grant that allows capital expenditure of respective pulse of some of the bureaucratic them the flexibility to prioritise municipalities.” constraints that need to be addressed infrastructure investment needs for municipalities to be effective. according to their circumstances, and The Chairperson of the Portfolio The main intervention needed is to in line with norms and standards Committee on Cooperative consolidate the grant into a multiple- set by national government Governance and Traditional Affairs, year grant to allow municipalities to departments,” Mr Gordhan said. Mr Mzameni Mdakane, said the plan ahead.” review gave the department space Twelve years on, there are now calls to determine how best to align the He believes MIG’s role should not be for a review of the MIG to address MIG to government service delivery limited to the provision of water and changes in priorities and delivery imperatives. sanitation and should extend to the

24 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA Committee news portfolio Committee on Cooperative Governance and Traditional Affairs portfolio committee on cooperative government and traditional affairs committee news

municipal level. Most of all, those who occupy middle management in municipalities are not adequately skilled and this leads to weaknesses in functions such as financial, human resources and supply-chain management.”

The Committee Chairperson, Mr Mdakane, believes that Back-to- Basics is significant because it creates awareness about the importance of getting the bureaucracy of municipalities right.

“We have to ensure that the municipal spade works and to get that right we have to ensure that its bureaucracy is efficient. It is important to get that right because politicians come and go, but the bureaucratic machinery of the state remains. And if the bureaucracy of the state BACK-TO-BASICS: Municipalities are at the coalface of service delivery in South Africa. cannot deliver on its mandate, the state won’t be able to meet its development of local economies. also believes the Back-to-Basics developmental agenda or in this case “The lasting impact of the MIG will concept is in need of review, said its socio-economic imperatives.” be measured on how it instigates the Deputy Director-General of Cogta, the development of local economies Mr Themba Fosi. Now that the challenges have … It is critical to ensure that local been captured in the MIG and municipalities realise their economic Back-to-Basics is aimed at helping Back-to-Basics frameworks, inter- potential. Our country’s economic different components in local governmental relations must be growth is, in a way, aligned to municipalities to work together well coordinated to create the necessary the economic growth of local and provide effective, integrated and synergy required to make local municipalities. The two are not well-designed services. In the 12 government work, Mr Mdakane said. divorced from each other because months since its inception, the Back- many investment portfolios fall within to-Basics campaign has identified a “To ensure that this sector works is the jurisdiction of local municipalities. lack of sound institutional competency not only the responsibility of Cogta and, to some extent, political alone. Other departments have ”If municipalities manage their instability as key areas of concern, their role to play, because for local investment portfolios correctly, that Mr Fosi said. government to work we need to have will impact positively on our national a viable cooperative governance.” growth index,” Mr Mdakane said. ”Political instability and weaknesses To make a meaningful impact on in governance are two of the primary ”We cannot allow this sphere of municipalities’ effectiveness, Cogta causes of poor service delivery at governance to fail,” Mr Mdakane said.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 25 committee news portfolio Committee on Higher Education and training portfolio committee on higher education and training committee news

LIFE-LONG LEARNING: Adult education is an important responsibility of the Department of Higher Education and Training. Community education and training is key to success

Portfolio Committee on Higher Education and in the process. These challenges Training has highlighted the significance of community related mainly to queries around the The remuneration of the CET educators, education and training (CET) centres in ensuring that South Africans have with cases being prevalent in at increased access to post-school education and training opportunities, least seven provinces. Committee writes Elijah Moholola. Chairperson Ms Yvonne Phosa said the department needed to urgently work on dealing with any challenges The learning centres, which were one of which was that several CET that were still outstanding in the CET previously known as adult education educators complained that they had sector. training (AET) centres, were officially not been paid. transferred from the Department of “The Committee noted with concern Basic Education to the Department At a meeting in August, the DHET led the delays in the payment of claims of Higher Education and Training by Director-General Mr Gwebinkundla and/or salaries of CET educators (DHET) with effect from 1 April this Qonde briefed the Committee on the in different provinces since the year. However, the migration process transfer process and the measures put migration of the former AET centres resulted in a number of challenges, in place to address various problems to the DHET. The Committee would

26 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA committee news portfolio Committee on Higher Education and training portfolio committee on higher education and training committee news

like an in-depth understanding on process we can say that some spaza certificates were still outstanding. harmonisation of conditions of service shops are managed far better than of CET educators and various other some of the centres we visited during While Sita had initially committed itself interventions implemented by the the process. to eradicating the backlog within 12 department to address the challenges months when briefing the Committee in the CET sector,” said Ms Phosa. “We cannot explain how some of in June, this has since been revised at the things happened, but we are the Committee’s insistence and a new She added that the CET sector was attending to those issues. It is not deadline was set. vital for people who have not easy, but we are determined that we completed school and needed a are going to succeed,” Mr Qonde said. Ms Phosa said: “The bottom line second chance. is that we would like to see the The Committee further expressed certificates backlog being cleared “According to the latest Statistics concern about the department’s non- and to have a zero certificate backlog SA report, 3.5 million young people achievement of targets for the first thereafter. We must commend Sita were not in employment. Education quarter of 2015/16, which stood for implementing the Committee’s or training and CET centres can at only 27.3%. The DHET presented resolve to reduce the period of offer people opportunities to be its first quarter report in the same clearing the current backlog from 12 economically active. It is therefore meeting. months to six months. vital for the department to prioritise the CET sector and resolve the Ms Phosa said the non-achievement “We also commend the good outstanding challenges.” of the first quarter targets posed relationship between Sita, Umalusi serious challenges that could impact and the DHET through a collaboration The DHET’s report indicated that by on the implementation of the strategy that will ensure sustainability 1 April 2015, 19 290 posts had been National Development Plan, which of zero certificate backlog even transferred from the Department of puts an emphasis on increasing access beyond January 2016. What is key Basic Education. As of 31 July 2015, the to education, bridging the inequality is their alignment and working DHET had received 269 queries from gap and ensuring that quality collaboratively in ensuring a quick CET staff, mostly related to human education is offered. issuing of certificates,” she said. resources administration (216) and salaries (139). Of the salary queries Meanwhile, the Committee also dealt Sita’s Chief Executive Officer, Dr received, 124 have been resolved. with the issue of backlogs in issuing Setumo Mohapi, indicated that the technical and vocational education certificates backlog from 2007 would The DHET’s plans to make the and training (TVET) college certificates be cleared by December 2015, and remuneration process more efficient in a follow-up meeting that saw that certificates from November 2015 include decentralising data capturing an update on the matter being exams would be issued by the end of of bulk uploads at district level; filling presented by the State Information January 2016. more posts; reviewing the claims Technology Agency (Sita). As a result payment method; investigating of the Committee’s intervention, One of the factors contributing to the underlying causes of the salary Sita has committed itself to clearing the backlog in issuing certificates is queries; and harmonising conditions the backlog in issuing TVET college the increasing number of students of service. certificates by January 2016. registering at TVET colleges, which has revealed weaknesses in the Mr Qonde indicated that most Sita briefed the Committee on the old system of issuing certificates. of the challenges relate to poor progress made by the Backlog Furthermore, Sita did not have the management at the CET centres. Elimination Project since July in capacity to carry out this function “Spaza shops are not something clearing the National Certificate effectively and there have been that one thinks of when it comes to Vocational backlog, which stood problems in the data verification basic administration, but through this at 192 000. In August, 129 932 process.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 27 general news ncop’s Local government week

Local government drives development agenda performance of local municipalities is the focus of the National The Council of Provinces’ (NCOP’s) Local Government Week that took place in August at Parliament, writes Abel Mputing. National Council of Provinces

In keeping with its 2015 stated in the National Development theme, “Celebrating 15 Years of Plan. “Local Government Week comes Democratic and Transformative at a critical moment in our existence Local Government – Entrenching because it will help us to take stock Week Cooperative Government for of the role that local government People-Centred Development,” can play in improving the lives of our the Chairperson of the NCOP, Ms people. It is through an effective local Thandi Modise, emphasised the government that we can foster the Local Government need to come up with new ideas notion of a capable state. And that and strategies that will advance the is the only way we can achieve our NCOP’s role in fostering a cooperative country’s developmental agenda.” governance. The Chairperson of the National House “This year we have invited the of Traditional Leaders, Kgosi Pontsho provincial legislatures to be part of Maubane, said local government’s the Local Government Week to hold Back-to-Basics movement is Mr , said all is not them to account, something which everyone’s business, including doom and gloom.“Although we are we have not done before. We invited traditional leaders. Local government conscious of the challenges faced them because local government is needs a strong partnership with by local government on various also their responsibility; it is their first traditional leaders to advance service fronts, there have been significant port of call. We have also realised delivery, but the role of traditional achievements over the last 15 years that our existence here at Parliament leaders needs to be clearly defined of a democratic local government. The comes through our provincial for this partnership to be meaningful. picture that all is bad in this sphere of nominations and we have not pointed governance is not a true reflection of out what the provincial legislatures “Section 81 of the Municipal its current state of affairs.” are not doing that they are supposed Structures Act prescribes 20% to do. We have the mandate to participation of traditional leaders in One of the strategic initiatives taken do that because we are the only municipal councils. It is not enough to by the NCOP in 2010 is the inception institution that can call all spheres of just determine the numbers without of inter-governmental relations to government to account, including the prescribing clearly what the role strengthen its mandate of ensuring provincial legislatures,” Ms Modise of traditional leaders in municipal that there is effective cooperation said. councils is. Our role is to support and in all spheres of government, said complement the work of government the Deputy Chairperson of the The Chairperson of the South African and that unique role should be clearly NCOP, Mr Raseriti Tau. “Although Local Government Association (Salga), articulated so that our participation in our Constitution realises a need for Mr Thabo Manyoni, emphasised the local government can be meaningful.” distinct and independent spheres fact that local government is key of government, there was also a in building a capable state that can The Minister of Cooperative need for cooperative and inter- dispense its developmental agenda as Government and Traditional Affairs, governmental relations for the

28 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA ncop’s local government week general news

National Council of Provinces Week Local Government

betterment of service delivery. driven by a programme of action government. This responsibility is This has been one of the defining aimed at harmonising all the gender stipulated in the White Paper on roles of the NCOP in advancing equity legislation that has been Local Government, which outlines the developmental agenda of rectified to date to ensure that its the responsibility in detail, said the municipalities,” he said. implementation is monitored and Mayor of the Tshwane Metropolitan evaluated constantly. Municipality, Mr Kgosientso Gender equity Ramokgopa. In keeping with the Women’s “Its programme of action will act as Month’s principle, the NCOP Local both a guideline for the functioning A typical example of this Government Week also debated ways of the Salga Women’s Commission as responsibility is underlined by the of institutionalising gender parity well as a monitoring and reporting alignment of local government to and gender mainstreaming in local tool that will ensure the effectiveness the achievement of the Millennium municipalities. Salga is leading the of the commission in meeting its Development Goals (MDGs). “The way in this regard, said the National objectives. It will also compile a MDGs are closely aligned to the Commissioner of Salga Women’s status quo report on the current local vision for developmental local Commission, Ms Sindiswa Gomba. female representation in leadership government and municipalities. positions in local government,” she Locally, the country adopted the “The Salga Women’s Commission is said. National Development Plan: Vision established to coordinate, promote 2030 that set out the development and advocate for gender-appropriate Millennium Development Goals path to be achieved by 2030. Once strategies and practices within There is a growing consensus that the again municipalities, which are member municipalities and feed into economic and social development responsible for grassroots service regional and continental processes. imperatives of both developed and delivery, will be at the forefront of The Salga Women’s Commission is developing countries rests on local delivering Vision 2030,” he said.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 29 general news Election Observation and Monitoring Workshop

Promoting democracy in Africa and fair elections are one of the defining features of a guidelines governing democratic Free functioning democracy. In its endeavour to strengthen elections,” she said. the efficacy of elections in the South African Development Community region, the SADC-Parliamentary Forum (SADC-PF) recently held an Election SADC-PF Secretary-General Dr Esau Observation and Monitoring Workshop on the benchmarks for assessing Chiviya said the main objective of the training is to ensure that observers democratic elections for South African Members of Parliament, writes are guided by the overall principles Abel Mputing. of impartiality, comprehensiveness, transparency, inclusiveness and In her welcoming remarks, the Given that parliamentarians are the objectivity. House Chairperson for International products of elections, it puts us in a Relations, Ms Mmatlala Boroto, said unique position to compare and share SADC-PF’s Election Charter is widely South Africa’s continued participation knowledge with our counterparts recognised, said Dr Chiviya. “SADC-PF in the observation of elections in from neighbouring countries. has long experience in the field of the region is just one way of giving election observation and in setting effect to a key aspiration of South “Election observation provides SADC of standards. It is widely recognised Africa’s foreign policy: promotion of parliamentarians the opportunity regionally and internationally. In democracy in Africa. to review our individual countries’ 2001, SADC-PF developed the first compliance with the norms and instrument for democratic elections “The promotion of democracy in standards for elections in the SADC not just in the SADC region but in Southern Africa and in Africa has region, benchmarks for assessing Africa, the Norms and Standards for long been one of the key aspirations democratic elections in Southern Elections in the SADC Region. At the of South Africa’s foreign policy. Africa and the SADC principles and international level, SADC-PF was one

30 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA Election Observation and Monitoring Workshop general news

YOUR VOTE IS YOUR VOICE: Democracy depends on having elections that are free and fair.

election observation entails. “It is Another way of managing conflict the gathering of information relating is for Parliament to ensure that its to the conduct of elections and the electoral rules and procedures are electoral environment with regard disseminated during elections and are to law as processes, systems and adhered to.” institutions. And the objective analysis of such information and the drawing The other critical role player is of conclusions are based on the above the media. Dr Chiviya said: “The information and on the quality and media can use its platforms to character of the electoral processes.” explore options in dealing with the differences relating to the electoral According to Dr Victor Shale, Principal process by taking an objective Consultant at Shalestone Elections and position and analysing the issues and Governance Consultants, there are seeking solutions to problems. The multiple causes of election-related media has to prioritise legitimate conflicts, one of which is the absence needs and concerns of the people of political tolerance during election and help to make competing political campaigns. Various role players such sides see what is at stake in terms of as parliaments and parliamentarians, those needs and concerns.” the media and the judiciary can mitigate election-related conflicts and Despite all the norms and principles can promote democracy before and set out by the SADC-PF’s Election after elections. Charter, the correlation between free and fair elections and the Dr Shale singled out the judiciary as consolidation of democracy of only three African institutions that important in settling election-related has had mixed results, said Dr participated in the development disputes. “During elections the role Shale.“Over the past decades, of the Declaration of Principles for of the judiciary is to safeguard the electoral democracy in the SADC International Election Observation and rights of all citizens, particularly the region has been subjected to a the Code of Conduct for International minorities. It must also ensure that it litmus test. Although multi-party Observers.” creates space for conflicting parties systems replaced single-party to resolve their differences; ensure and authoritarian rule, democratic Points of inquiry in elections are speedy resolution of election and consolidation is slow. SADC electoral commissions and political other political disputes in order to member states are still battling parties, said Dr Chiviya. “Most arrest conflict from spreading and to deal effectively with election- often there is a concern about the escalating. Most of all, it must be related conflicts in countries like use and abuse of incumbency by seen to be handling all cases with the Democratic Republic of Congo, many political parties. And in some impartiality.” Lesotho and Madagascar.” instances, the separation of powers between the state and the governing Dr Shale also said parliamentarians There is a need to look at electoral party can become difficult to observe. are also critical in mitigating systems and their contribution Also, the separation between the election-related disputes. “Members to democracy, he said. “Different roles and functions of the head of of Parliament can build consensus electoral systems have different state and the governing party’s around commonly held values effects on political representation, president can become blurred. And through national dialogues. They on the shape of the party system this often leads to disputes.” can create sustainable relationships and indeed on democracy. Therefore, among parliamentary parties. They the choice of a system has to be Mr Sheuneni Kurasha, SADC-PF can work closely with civil society mindful of the impact it will have Programme Manager: Democracy to receive people’s needs and also on participatory or representative and Governance/Parliamentary to communicate parliamentary democracy or whether it will lead Business Focal Person, explained what programmes and decisions. to long-lasting peace.”

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 31 general news debate on transformation in the mining sector

Transformation in mining sector a priority

multibillion rand mining industry in South Africa is in decline that the South African mining industry due to a falling global commodity price and labour instability. slipped to 56th place in 2014. This The slide was due to what he called Against this backdrop the National Assembly debated transformation in the “adversarial labour relations between mining sector, reports Sakhile Mokoena. mining companies and unions” and “ill-fated amendments” to the During the debate in the National iron ore and steel are suffering as a Mineral and Petroleum Resources Assembly on the topic “Transforming result.” Development Amendment Bill, which the mining sector and ensuring it are still waiting further consideration remains a sustainable industry”, Mr van Rooyen said the Mineral and by Parliament. Mr David van Rooyen of the African Petroleum Resources Development National Congress pinned the Amendment Bill should be finalised “This Bill is causing ever-growing blame for the decline in South to create the legal framework to discontent with mining companies, Africa’s mining sector on the global strengthen state-owned mining who regard the amendments as commodity price and labour relations companies and to enhance the state’s contributing ever more onerous issues. “The global contest has intervention in the mining sector. This conditions to local investment. There become more uncertain with China’s should enable the state to have more is a lack of clear and understandable growth no longer being commodity than one state-owned mining entity macro-economic policies. The intensive in terms of demand. Work with mineral resources and rights as government should strive to develop done by mining houses to sustain a whole vested in the state through sound economic policies to ensure their competitive edge domestically, the Department of Mineral Resources. that business, mining communities results in restructuring that is leading It should also allow individual state- and labour buy into relevant policies,” to massive job losses,” he said. owned entities to control and manage said Adv Schmidt. the rights granted to them, he said. “New suppliers of low-cost mineral He added: “Poorly maintained rail commodities come as a strain in an The Democratic Alliance’s Adv Hendrik networks and water and electricity environment of very soft commodity Schmidt told Members of Parliament infrastructure limit mining companies’ prices, leading to further downward that the World Economic Forum’s ability to mine continuously and pressure on prices; and prices of coal, Global Competitive Index determined transport their commodities to their

32 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA debate on transformation in the mining sector general news

COMPETITIVE EDGE: South Africa’s multibillion-rand mining industry is facing some tough challenges, both at home and globally. respective destinations, whether “Engagements with the mining remain dehumanising and companies locally or internationally.” companies are continuing to ensure are dragging their feet with regard cooperation in addressing housing to investment in human capital The Economic Freedom Fighters’ Mr and related infrastructure in prioritised development through purposeful and predicted that the mining towns. Social and labour sustainable training programmes. situation would worsen in the next plans and which tools are meant to Mining communities remain three years with more job losses not empower workers and contribute to poverty-stricken, depressed and only in mining activities, but also in the socio-economic development of underdeveloped, a situation which is the associated activities happening local and labour-sending areas are reflective of the reckless exploitation of around mining. “China’s capacity also under focus.” our mineral resources and poor workers to consume mineral resources in order to enrich a few,” he said. from South Africa has decreased Prof Nhlanhlakayise Khubisa of significantly and is going to decrease the said According to Ms Cheryllyn Dudley futher. sustainable growth in the mining of the African Christian Democratic sector has the potential to impact Party there is some progress on the “We still stand by what we said positively on people and communities state of transformation in South that the only solution to the crisis in the vicinity of mines. “A stable Africa’s mining sector particularly of mining in South Africa is to partnership between mines, in ownership, human resources discontinue private ownership of government and local communities development, employee housing and mineral resources. It is high time that could impact widely and positively living conditions, mine community we utilise the state-owned mining on issues such as education, health development and sustainable company to play a much more and commerce at grassroots level, development. significant role in the production, as schools and clinics can be built extraction and beneficiation of and opportunities for small business “We recognise that we have a long mineral resources,” he said. enterprises created,” he said. way to go. The Chamber of Mines, for example, believes that significant Deputy Minister of Mineral Resources Mr Mncedisi Filtane of the United progress in transformation has Mr Godfrey Oliphant told Members Democratic Movement accused been made and says the average of Parliament that government mining companies of failing to invest black economic empowerment was mindful of the fact that some in local enterprise development (BEE) ownership of its members is companies have indicated their through procurement of services and 38%. That’s 12% higher than the intention of cutting costs, which goods, thus taking the resources away mandatory requirement [26%]. More may include retrenchments and said from the historically disadvantaged. than R159bn in net value has been his department was engaging all transferred to BEE beneficiaries in the stakeholders to minimise the impact. “The living standards of mineworkers past 12 years,” she said.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 33 regulars office of the institutions supporting democracy office of the institutions supporting democracy regulars

Icasa committed to radical transformation in ICT sector

article written by the CEO of the Independent Spectrum management This Communications Authority of South Africa (Icasa), Icasa’s primary mandate in relation to Mr Pakamile Pongwana, is one in a series of columns published in spectrum is to ensure efficient use of InSession by the Office of the Institutions Supporting Democracy in the radio frequency spectrum. Critical to this mandate is the need to ensure Office of the Speaker of the National Assembly. that spectrum is assigned to licensees to enable and facilitate the provision of services and that no “available and Icasa’s mandate is spelled out in terms serving as councillors. The current team usable” spectrum lies fallow. To this of the Electronic Communications of councillors is capable of providing end, Icasa is eager to re-initiate the Act, 2005 (the “ECA”) for the the requisite strategic direction for the licensing process for the assignment of licensing and regulation of electronic institution to fulfil its constitutional and the high-demand spectrum (suitable communications and broadcasting legislative mandate. The process for for deployment of broadband services) services, and in terms of the Postal filling the vacancies in the Council has which was abandoned a few years ago. Services Act, 1998 (the “PSA”) for the already been initiated by Parliament. Part of the reason why the sector has regulation of the postal sector. It is While the process has been completed, seen a wave of consolidations is mainly critical to recognise that as a creature it is important that Icasa continues to because the key players in the sector of statute, Icasa is constrained to function. (Vodacom and MTN in particular) have act in accordance with and within been spectrum-constrained while new the context of its empowering B-BBEE entrants have not been able to launch legislation. In executing its mandate, The ECA contemplates that every services in the market as they have not Icasa continually strives to ensure individual licence granted from the been assigned the requisite spectrum. that its processes and decisions are effective date of the ECA shall have a administratively just and fair. However, minimum shareholding by historically The information and communications the reality is that Icasa’s decisions will disadvantaged groups or individuals technology (ICT) sector in South Africa invariably affect vested interests. It is (HDIs) of no less than 30%. This rule is regressing because of indecision therefore to be expected that those also applies to every individual licence by both the regulator and the policy decisions will be challenged and/or that is transferred after the effective maker on critical issues, particularly reviewed in the courts. date of the ECA. The intention of as they relate to management the legislature is that one should and assignment of radio frequency In instances where Icasa’s processes and not be permitted to – after failing to spectrum. It is clear that we are decisions are found by the courts to have acquire an individual licence through lagging seriously behind in digital fallen short of the legal requirements, a competitive process which requires migration. By the time the set-top Icasa will improve its processes and a minimum HDI shareholding of 30% boxes become available, they may procedures for the sake of all the in terms of Section 9 – go through be irrelevant because of the already stakeholders it serves. I would like to the back door and acquire the same available digital television sets in outline a few matters regarding Icasa’s licence through a transfer in terms of the market. The state institution position. Section 13. Hence Icasa is required responsible for digital network roll- in terms of Section 13(6) to ensure out (Sentech) will have to maintain Icasa’s governance framework that the HDI ownership requirement outdated analogue transmitters and Much has been made of the fact that the is not bypassed through licence may not be able to recover the costs Icasa Council currently comprises three transfer processes. In this regard the of deploying and maintaining the members as opposed to a maximum of legislation makes it mandatory that digital transmitter network it has nine as provided for in terms of the Icasa the transferee of the individual licence rolled out for a number of years now. Act, 2000. The legislation is quite clear. (or the individual licence subject to Meanwhile, broadcasters will be able The quorum for any meeting of council the transfer) also have a minimum to transmit digital signal to end users is a majority of the councillors presently shareholding of 30% by HDIs. who may not be able to receive them

34 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA regulars office of the institutions supporting democracy office of the institutions supporting democracy regulars

due to non-availability of set-top boxes.

In the mobile space there is continued shortage of spectrum for deployment of long-term evolution (LTE) services. Spectrum is tied up in analogue transmission and that which is available has not and/or is not being assigned or issued to operators. The implication of the consolidation is that a giant infrastructure-based player (or two) will be created in a first-tier level of the market. A huge number of entities may not have reasonable and easy access to that infrastructure under the current regulatory framework. That is why concepts like wholesale open access, infrastructure sharing and Mobile Virtual Network Operators become relevant for the South African context. Any future licensing process needs to take into account the need for the creation of a wholesale open access framework to enable access by many service-based players to ensure rapid deployment of broadband services.

Promotion of competition Icasa is mindful of the effects of the consolidation trends on the competitive landscape in the market. It is also fully aware of its mandate over competition matters in the ICT sector. The ECA and the Icasa Act are clear about the process Icasa must follow in order to impose pro-competitive measures in any market. Icasa recognises that it cannot regulate the spectrum effects of market consolidation on competition in the various markets without undertaking an in-depth inquiry in terms of the legislation. The Authority intends to prioritise the identification of markets that are susceptible to anti-competitive effects.

The Authority is committed to radically transform the ICT sector to facilitate growth and employment in MEDIA MATTERS: The CEO of the Independent line with the government’s national Communications Authority of South Africa, policy objectives. Mr Pakamile Pongwana.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 35 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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