Parliament: Following up on our commitments to the people.

Vol. 16 ISSUE 9 2016

Ms Modise came to listen NCOP Chairperson meets Mpondomise Royal Council 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 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 ­­­­­­­­­­­­­ Message5 from National Assembly 6 Highlights from the Committee rooms This is a summary of a selection of Committees’ recent deliberations while reviewing government departments’ annual performance and expenditure reports 6

8 NCOP Chairperson meets Mpondomise Royal Council Ms met with the Mpondomise Royal Council before a NCOP visit to the Alfred Nzo District Municipality 10 NCOP Chairperson visits Matatiele in School principals blame Department of Basic Education’s policies for failure

12 Speakers’ Forum resolves to Strengthen financial oversight role

16 High Level Panel on the Assessment of key Legislation and the Acceleration of Fundamental Change visits KwaZulu-Natal and Free State

18 Members of Parliament visit their COnstituencies in the Southern and eastern Cape 16 22 Commission signs agreement with Germany’s Konrad Adenauer fOundation 23

23 Tribute to Bonisile Alfred ‘Nobou’ Nesi

COVER: The Chairperson of the National Council of Provinces, Ms Thandi Modise, meets with the Mpondomise Royal Council. REGULARS

Presiding Officers Ms , Ms Thandi Modise, Mr and Mr Raseriti Tau Secretary to Parliament Read about what’is Mr Gengezi Mgidlana Editor-in-Chief Luzuko Jacobs happening in your Editor Moira Levy Parliament Design and layout: Angelo Lamour

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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 Facebook “f” Logo CMYK / .ai Facebook “f” Logo CMYK / .ai www.facebook.com/parliamentofrsa twitter.com/ParliamentofRSA youtube.com/ParliamentofRSA ParliamentofRSA

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

Message from the national Speaker of the National assembly Assembly, Ms Baleka Mbete 2014, the United Nations (UN) High Commissioner for Human to translate international human rights In Rights, Mr Navi Pillay, stated: “Human rights violations are law into national legislation. Among among the root causes of every form of insecurity and instability. Failure these is the Promotion of Equality and to ensure governance, the equitable rule of law and inclusive Prevention of Unfair Discrimination Act. social justice and development can trigger conflict, as well as economic, As another way of being responsive political and social turmoil.” to human rights violations, Parliament establishes multi-party Committees to undertake thematic or topical inquiries Never have these words rung more advocates for respect within the AU of designed to investigate specific human true as we bear witness to shocking the principles of freedom, civil liberties, rights issues in a timely and effective scenes of human rights abuses which justice, human and peoples’ rights. way. stretch across countries and flow over These interventions go a long way in the borders. entrenching a culture of human rights, For instance, in May 2015, Parliament and parliaments have a fundamental established an Ad Hoc Committee It has been over 65 years since the UN role to play in this regard. on Probing Violence Against Foreign member states signed the Universal Nationals to, amongst other things, Declaration of Human Rights and Having come from a history of extreme identify the root causes of the violence yet the full realisation of the rights human rights violations as a country, that erupted. enshrined in the Declaration remains establishing a human rights culture elusive for the majority of ordinary became essential as part of our The Committee conducted oversight people across the world. Today, about transition into democracy. visits and made recommendations. 14% of the world’s population live in These recommendations were areas afflicted by conflict. In this regard, the South African communicated to the relevant Constitution created, among other executive authorities. Committees Women and girls continue to be at the things, a Human Rights Commission of Parliament continue to monitor receiving end of the most severe abuse and a Commission for Gender Equality. compliance with the recommendations during and in the wake of conflict. through their oversight activities. The UN Security Council Resolution The Human Rights Commission 1325 adopted in 2000 reaffirmed promotes respect for human rights To date, Parliament has ratified the important role of women in the and a culture of human rights. The seven of the nine UN human rights prevention and resolution of conflicts. Commission for Gender Equality, inter instruments. This enables the country to alia, promotes respect for gender include the principles espoused in these At the 27th Ordinary Session of the equality and protection, development instruments into its national legislative African Union (AU) in July 2016, African and attainment of gender equality. framework. Heads of State and Government declared 2016 the African Year of These Commissions are accountable Thus, Parliament has adopted a Human Rights with Particular Focus on to the National Assembly and submit range of laws in order to translate the Rights of Women. The Declaration regular reports on their functions to the international human rights law into was inspired by the quest for the Assembly. Reports from these bodies national legislation. Amongst these promotion and protection of human enable Parliament to proactively attend is the Promotion of Equality and and peoples’ rights. and address areas of concern. To date, Prevention of Unfair Discrimination Act. our Parliament has ratified seven of the The Pan-African Parliament (PAP) has, nine UN human rights instruments. This is an edited version of the speech as one of its objectives, to promote delivered by the Speaker of the the principles of human rights and This enables the country to factor National Assembly, Ms Baleka Mbete, democracy in Africa. the principles espoused in these at the Inter-Parliamentary Union: instruments into its national legislative Human rights abuses as precursors of It also has a permanent committee framework. Thus, as Parliament we conflict – Parliaments as early on justice and human rights, which have adopted a range of laws in order responders.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 5 REGULARS

highlights from the committeerooms

month Parliament’s Committees exercise their law- with regard to finances, the Every making and oversight functions. Justice Molafo compiled Committee was still concerned this summary of a selection of Committees’ recent deliberations while about dismal performance on the they were reviewing annual performance and expenditure reports of objectives. government departments and entities for the 2015/16 financial year. Members of the Portfolio The process entailed interrogating audit outcomes during the year under Committee on Small Business review, as Committees moved a step closer to preparing departments’ and Development were impressed by entities’ Budget Review and Recommendations Reports (BRRR). the department’s unqualified audit outcome in its maiden annual report for the year under review. The BRRR process comes annually in Services Office briefed the Committee the performance cycle of Parliament on the Bill following the Department The Department of Small Business ahead of the Medium Term Budget of Communications’ response to Development was established Policy Statement (MTBPS), which is public hearings. The briefing was that after the 2014 general elections to delivered by the Minister of Finance the Bill is problematic in its current radically transform the economy upon receipt and consideration form, but the Committee is yet to through effective development and of reports as recommended by decide on the way forward. increased participation of small, Committees and adopted by the medium and micro-enterprises National Assembly. The Portfolio Committee on (SMMEs) and co-operatives in the Telecommunications and Postal mainstream economy. In the middle of its BRRR process, the Services heard that the South African Portfolio Committee on Justice and Post Office (Sapo) has suffered Although members welcomed the Correctional Services also prioritised a revenue loss of R513m, with a audit results, they expressed a filling seven vacancies at the South regressed qualified audit outcome concern over the department’s dismal African Human Rights Commission during the year under review. performance on its annual targets, (SAHRC). asking why it achieved only 13 The management of Sapo appeared against 31 planned annual targets. It shortlisted 18 and interviewed before the Committee to report on 16 candidates who will be considered its annual performance and Acting Committee Chairperson, Mr for the filling of vacancies at the expenditure report. The Chief Xitlhangoma Mabasa, emphasised commission (two candidates Executive Officer, Mr Mark Barnes, that the department should explain withdrew). informed Members that Sapo’s how it will fix all 35 matters of challenges were exacerbated emphasis which emanate from the The Portfolio Committee on further by the loss of 1 423 skilled audit management report. Communications also juggled its employees during the financial year. work between the BRRR process The Portfolio Committee on and in dealing with the Film and Committee Chairperson, Ms Home Affairs expressed a concern Publications Amendment Bill, in Mmamoloko Kubayi, said although about the regression from clean to which the Parliamentary Legal they are aware of Sapo’s challenges unqualified audit by Government

6 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA REGULARS

Printing Works (GPW), saying the plan for how you will implement the and R44m in fruitless and wasteful matter must be stopped urgently. Auditor-General’s recommendations expenditure relating to the adult Members of the Committee concurred or deal with the findings. The AG is literacy programme, Kharikude. that while the entity had still indicating stagnation and in some achieved an unqualified audit, the instances regression. This should not Although Committee Chairperson, fact that the Auditor-General made be happening as you are a small Ms Nomalungelo Gina, said the material findings was a concern. department and mainly head office- department has made many based. improvements, she also expressed Despite this, the Committee said concern regarding fruitless and it was satisfied that the entity was “We need to turn around the Civilian wasteful expenditure. “It will come to able to maintain the quality of Secretariat. Leadership is critical. We people’s mind that these officials are annual performance plans and should not have a qualified audit wasting money. We need to tighten annual performance reports, which again. We have to improve. If good and follow the rules of the Auditor- highlight the maturity of its control governance fails, it is a huge risk,” General,” she said. systems. said Mr Beukman. The Portfolio Committee on Justice The Committee also heard about The impact of the #FeesMustFall and Correctional Services heard that continued challenges with regard to protest on the basic education sector the much-awaited re-introduction the reliability of information provided was highlighted during a presentation of the Traditional Courts Bill to by the Independent Electoral to the Portfolio Committee on Basic Parliament should occur before the Commission of South Africa (IEC). Education. end of the third term. The Committee engaged with the Department of “We remain concerned that the IEC The Department of Basic Education Justice and Correctional Services on has made no progress in relation to presented its annual report to the its 2015/16 annual report. its audit findings,” said Mr Lemias Committee. Mr , Deputy Mashile, the Chairperson of the Minister of Basic Education, said Adv Skosana from the department Committee. during the presentation: “We cannot indicated that the Bill was to ignore the reality that education is be tabled to the development The Committee was also concerned a human right. The #FeesMustFall committee of the JCPS cluster on about the increase in irregular campaign is a reality and we must 20 October 2016 and by 23 expenditure between GPW and IEC deal with it.” November it will be tabled before worth R72m during the year under Cabinet, before it is introduced to review. Committee member Mr Hlamalani Parliament by December 2016, at the Khosa said this year’s matriculants latest. The Portfolio Committee on Police will struggle to find placements has voiced unease with instability at tertiary institutions if the The Committee heard that the Bill is that is impacting on the Civilian #FeesMustFall situation is not not about transforming customary Secretariat at top leadership level, resolved. Another Committee law, but regulating existing thereby receiving a qualified audit member, Mr Gavin Davis, agreed traditional courts in accordance with opinion from the Auditor-General that if universities do not re-open, the Constitution and the law. (AG). this issue would be a concern for everyone. The Bill will recognise traditional The Chairperson of the Committee, courts as courts of law of a special Mr Francois Beukman, said the The department reported on irregular kind with clear statutory powers – Committee was concerned about expenditure amounting to R153m and prefers a progressive approach the AG’s report on the secretariat. relating to the procurement of that facilitates the equal participation “The AG told us there is no action furniture and libraries for schools of women.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 7 SPECIAL REPORT ncop taking parliament to the people pre-visit

NCOP Chairperson meets Mpondomise Royal Council

Thandi Modise met with the Mpondomise Royal Council before provinces,” Ms Modise said. Ms a visit of the National Council of Provinces (NCOP) to the Alfred Nzo District Municipality that took place from 18 to 20 October 2016, to She told members of the council that everybody by then was certain hear what the royal council had to say, writes Mava Lukani. that proper consultation with all the stakeholders, especially the traditional leadership, had taken place. Ms Modise President ’s launching The Chairperson of the NCOP, Ms assured the traditional leaders that of the Mzimvubu water project Thandi Modise, referred to this the NCOP takes its relationship with near Tsolo in the Alfred Nzo District event when she met with members traditional leaders and their institutions Municipality, Eastern Cape, in 2014, of the Mpondomise Royal Council. very seriously. sparked much excitement for South “Government leaders were excited by Africans, given the economic and the fact that the project confirmed the During the meeting, members of the other benefits the project promised commitment of the government for a council, under the chairpersonship to yield. better life to all South Africans in all of Mr Peter Madasa, raised some

8 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA ncop taking parliament to the people pre-visit SPECIAL REPORT

IMPORTANT MEETING: The Chairperson of the National Council of Provinces, Ms Thandi Modise, met with the Mpondomise Royal Council.

ordinary people, and excited due to the A senior official from the national fact that it was an announcement about Department of Water Affairs development,” Mr Madasa explained. responsible for the project calls meetings with the people, but Mr Madasa said this oversight meant Mpondomise traditional leaders that they are unable to provide expect to be consulted by senior meaningful and convincing answers government politicians, such as to their subjects when asked about ministers or the Premier of the the project. Eastern Cape.

According to the Mpondomise chiefs, There was also concern about the the naming of the dam Mzimkhulu naming of the dam without the and using the resources of the involvement of the people living in Mpondomise rivers without consulting the area. “How can someone outside the Mpondomise chiefs is tantamount this community name something to reorganising the God-created for this community? That is wrong,” Mpondomise geography. They likened Mr Madasa said. this approach to that of colonialism in its gross disregard for the indigenous The traditional leaders also told Ms inhabitants of the area and the Modise that they were disappointed rightful owners of the local heritage. that the democratic government of the people could dismiss the “We didn’t imagine that our existence of the Mpondomise government would repeat, consciously kingship, as the colonial and or unconsciously, the serious mistakes apartheid governments had done. that are a heavy legacy of colonialism, especially during the first 20 years of our They told Ms Modise that the former democratic dispensation,” Mr Madasa king of AmaMpondomise, King issues of concern, including the said. Mhlontlo, after whom the local non-recognition of the Mpondomise municipality is named, killed a kingship, the Mzimvubu dam project Ms Modise thanked the council for colonial leader, Mr Hamilton Hope, and the serious implications of expressing its unhappiness and their during the battles that took place municipal boundaries on historical legitimate concerns. “Indeed, everybody between AmaMpondomise and traditional boundaries. would feel the same with regard to colonial forces in 1880 and 1881. mistakes of that nature. I am going to On the building of the Mzimvubu take your concerns to the President and “We disagree with the findings of Dam, they said they heard about the the relevant ministers,” said Ms Modise. the Nhlapo Commission that there is Mzimvubu water project when the no Mpondomise kingship,” said Mr project was announced by President Regarding problems with municipal Madasa. Zuma during his 2014 State of the boundaries, Ms Modise told the Nation Address in Parliament. They council that the government is aware One after another, traditional leaders said no proper consultation with of the problems and is dealing with referred to evidence confirming traditional leadership or the general them. She urged the council to remain their kingship. They highlighted that community had been done prior to the calm and be ready to cooperate in Mpondomise and Mpondo, whose announcement. the correction of the mistakes it kingship is recognised, were twins. highlighted. She said she believes Furthermore, Mpondomise was “When we heard about the project, the President is unaware of the non- older. Hence there is no way that we had mixed feelings. We were consultation with the people on a the government can recognise the offended due to the fact that there was development meant to empower kingship of the younger twin and no consultation or the involvement of them. ignore the older one. “We find that

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 9 SPECIAL REPORT NCOP taking parliament to the people pre-visit

Eastern Cape school principals blame progression policy for failure

10 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA NCOP taking parliament to the people pre-visit SPECIAL REPORT

SHARING OF VIEWS: The Chairperson of the National Council of Provinces, Ms Thandi Modise (far left), meets with school principals and provincial government officials in the Matatiele District.

the Chairperson of the National Council of Provinces schools that are functioning optimally (NCOP), Ms Thandi Modise, visited Matatiele District in and try rationalisation. It will increase When costs and compromise the quality the Eastern Cape, school principals told her that the Department of Basic of education in these communities, Education’s policy of progression is largely to blame for poor matric results whose children depend on this in their district, writes Sakhile Mokoena. school,” he said.

Mr Harrison proposed a review of the The school principals told Ms Modise Matatiele, Mbizana, Mzimvubu and “one-size-fits-all” policy approach. that the Department’s progression Ntabankulu. ”What is good for one school may policy forces them to promote not be good for the next. Please learners to the next grade, even At Nyaniso Senior Secondary School, leave us alone and let us do what when their marks are not good the delegation heard that the we know best and spend the money enough, and this impacts negatively progression of learners who have on impoverished schools. People are on matric results. failed made teachers feel ineffective. desperate for quality education,” he “Progressed leaners have a negative said. This is in reference to the national attitude; they do not want to work. policy pertaining to the programme They get 30%, yet we are expected to Delegation leader Mr Phello Parkies and promotion requirements of assist them to get a bachelor’s degree said it was part of the Members of the National Curriculum Statement, pass,” said the school principal, Mr BV Parliament’s responsibility to monitor which defines progression as the Dzingwa. the impact of policies and laws that “advancement of a learner from have been adopted by Parliament. “I one grade to the next, in spite of Mr Dzingwa’s sentiments were shared am a fervent exponent of the policy the leaner not having complied with by his counterparts from Maluti and that says if a policy that we adopt all the promotion requirements”. King Edward secondary schools, who does not assist our people, then it It continues to say this is done “to also complained about the negative needs to be changed,” he said. prevent a learner from being retained impact on the matric pass rate as a in the same phase for a period result of progressed learners who Ms Modise said it was unfortunate exceeding four years”. continued to fail. that some policies that were intended to do good end up doing the direct They said that this practice impacts Mr Gordon Harrison, the principal of opposite of what had been hoped negatively on matric pass rates, King Edward High School, said the to be achieved. “It seems like new overall percentage of schools’ policy of progression was “killing the policies were brought in here without performance and also results in morale of school principals”. He also discussing them with the people who high levels of ill-discipline, as most complained about the rationalisation must implement them. We also need progressed learners are over-age. of schools and redeployment to get feedback from the people of teachers. “Education is very who have to implement them. Even The NCOP, accompanied by Members challenging today. It is frustrating and when people say things that we don’t of the Eastern Cape Provincial challenging to run an institution of like, if they have a point we have to Legislature (MPLs), visited the Eastern this nature. This week, I wanted to acknowledge it and do something Cape’s Alfred Nzo District Municipality resign because of the policies from about it,” she said. communities to assess the delivery the department that are ruining of basic education in the Alfred Nzo education,” he said. Ms Modise was also worried about district. The visit was also a build-up the redeployment of good educators to the NCOP’s Taking Parliament to the He raised his concern about the to non-teaching posts, which she People Programme to be held in the department’s plans to split his school said was a loss to the education of Eastern Cape in November. into two, creating separate primary children. “My problem is not about and high schools. “It breaks my heart principals resigning, but about good To reach as many schools and that the department wants to split the principals promoted into posts that education centres as possible, school into two. It is disruptive and take them away from teaching. The Members of the NCOP and MPLs split destroys something that is functioning best teachers are promoted into non- into four groups. The groups went to well. It is irrational and wrong to take teaching posts,” she said.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 11 general news speakers’ forum

Speakers’ Forum resolves to strengthen financial oversight role

Speakers’ Forum meeting held in and headed Mr Mgidlana further called for the The by the Deputy Speaker of the National Assembly, Mr forum to decide on whether it was Lechesa Tsenoli, took a resolution to reincorporate the Association of Public necessary to create clear reporting lines Accounts Committees (Apac) into the forum and to use its meetings as a to the forum. “One of the proposals platform to tackle contemporary issues affecting society, such as the Fees that came out was that maybe Must Fall movement, reports Malatswa Molepo and Sakhile Mokoena. the Speakers’ Forum must create a mechanism that will enable Apac to report its work to the forum,” Mr In a time of overstretched budgets they do not comply with the relevant Mgidlana emphasised. and competing demands on the laws and other regulations. fiscus, the legislative sector has made According to Mr Mgidlana, the a resolution that has the potential There was consensus within the forum association has already submitted its to strengthen its oversight mandate that oversight of these functions had audited statements to the sector to over the executive and ensure what not been as good as it should be, but ensure that when the sector takes money we have goes a long way. This it is hoped that the incorporation of over, it does so with a clean slate. was the overwhelming sentiment Apac into the Speakers’ Forum will “There is an amount that will have by members of the Speakers’ Forum correct that anomaly. The oversight to be recovered to ensure that the during their regular scheduled vacuum had been filled by the Office sector inherits an association that is meeting held in Polokwane in of the Auditor-General, which provided compliant with all legislation, but this Limpopo recently. administrative support to Apac. This will be part of processes towards full raised problems of conflict of interest, incorporation,” Mr Mgidlana said. The meeting took a decision to another reason why the reincorporation reincorporate the Association of Public of Apac into the Speakers’ Forum is a The Speaker of the KwaZulu-Natal Accounts Committees (Apac) into the good idea. Legislature cautioned against rushing Speakers’ Forum, as Apac’s functions the process. “We must ensure that are closely aligned with those of the “We have to thank the Office of the there is due process and that we don’t Speakers’ Forum. Apac is made up of Auditor-General for all the support lose the knowledge gained by the the nine provincial Public Accounts it has given to Apac, mainly due to team from the Auditor-General,” said Committees as well as Parliament’s the fact that we as a sector have not Ms Lydia Johnson, the Speaker of the Public Accounts Committee. The role fulfilled our responsibility of providing KwaZulu-Natal Legislature. of Public Accounts Committees is to support and guidance to Apac,” said ensure the prudent spending of tax- Mr Tsenoli. The forum was also informed payers’ resources, with the intention that progress was being made in of minimising waste and encouraging The Secretary to Parliament, Mr Gengezi capacitating Members of Parliament greater value vis-à-vis money spent. Mgidlana, informed the meeting and provincial legislatures, thereby that processes were already under strengthening the oversight mandate Apac was established in 1997 to way to effect the decision. “One of of the legislative sector. For the ensure, among other things, that the issues that came up during the period of July-August 2016, a total public sector institutions account for initial engagements was the issue of 201 Members registered and overspending; spending according of governance and ensuring that the participated in the Graduate Certificate to the policies determined by association will be administered in line in Governance and Public Leadership government, and that legislatures and with the applicable legislation,” Mr through the University of the Parliament are held accountable if Mgidlana said. Witwatersrand.

12 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA speakers’ forum general news

DEPUTY SPEAKER OF THE NATIONAL ASSEMBLY: Mr Lechesa Tsenoli.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 13 general news speakers’ forum

The capacity building programme On the issue of making the Speakers’ state of our state-owned enterprises. was initiated following a baseline Forum relevant to South African society, This is the platform where we must study conducted with 274 participants the Provincial Legislature’s reflect on those issues. We might find across legislatures and political parties. Deputy Speaker, Mr Uhuru Moiloa, that the answers are with us,” he The education profile of the sample tabled a motion arguing that more told the legislative sector’s Presiding revealed that 47.1% of the sample had time should be dedicated to discussing Officers. a higher certificate, diploma or degree, the “state of our nation”. He said while 14.8% had a matric or a lower the Speaker’s Forum represents the The motion was supported by the qualification. South African legislative sector and is Speaker of the Limpopo Provincial expected to provide answers when Legislature, Ms Polly Boshielo, who One hundred and thirty-eight Members the nation is faced with questions that said the forum should create an who registered completed the course, demand rational and practical answers. opportunity for the discussion of with 57 participants attaining a pass contemporary political issues. mark of 65% and above, thus qualifying “When we gather, it should not just for consideration as students in the be about administration. We should Citing the Fees Must Fall protests postgraduate qualification programmes discuss the state of our nation, such as by university students, Ms Boshielo at Wits university. the Fees Must Fall movement and the said Parliament and the legislatures

FEES MUST FALL: Students gather in Cape Town to register their support for the call for free higher education.

14 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA speakers’ forum general news

cannot ignore them. “We cannot watch She reported that a programme of the legislative sector for the youth to while our youth destroy property, in action will be developed on what, how, share ideas, reflect on their future and demanding free education. We called when and by whom the resolution propose solutions to the challenges them to the Youth Parliament; they should be implemented. Government confronting them. told us what they want,” she said. departments and public institutions will be closely monitored to ensure that The Youth Parliament was also The Speakers’ Forum also wants resolutions of this Women’s Parliament mandated to acknowledge successes its resolutions from the sectoral are incorporated in the forthcoming and make recommendations for further parliaments (Women and Youth financial year. improvements. The recommendations Parliaments) to form part of can be located within certain portfolios government’s planning and budgeting The Speakers’ Forum meeting was of government and can therefore be processes. Ms Boshielo called on her also used to report on the Youth and referred to the relevant parliamentary colleagues in the legislative sector Women’s Parliaments held in June Committees at national and provincial to come up with more effective and August this year, respectively. levels. mechanisms to implement resolutions In the report, the legislative sector of the sectoral parliaments. She acknowledged that the youth as future The legislative sector will ensure that raised her concern that the sectoral leaders are an important stakeholder recommendations from the National parliaments seem to be event-driven in the determination of the policies Youth Parliament are debated in and just “tick the box”, which is not and laws of South Africa. They should, Parliament and provincial legislatures, their intention, she said. therefore, participate actively in seeking and adopted as resolutions. Once solutions to the challenges facing the adopted, resolutions according to the “It seems we as the legislative sector country in general, and the youth in Speakers’ Forum will be referred to the do not have means or mechanisms particular. relevant Committees and the executive. to implement the resolutions passed Committees must ensure that the at these sectoral parliaments,” she The report also noted that the youth respective resolutions are included said. Ms Boshielo also suggested a are significantly affected by the harsh in their programmes as part of their change in the formats of the Youth and realities of unemployment, poverty, oversight activities. Women’s Parliaments that would see inequality and other social challenges, the legislative sector playing a more such as drug and alcohol abuse. The Speakers’ Forum resolved to ensure active role in societal issues through The report noted that the National that recommendations are included these sectoral parliaments. Development Plan (NDP) recognises in the annual plans of the national that development and growth is and provincial departments and She said the legislative sector should influenced by the level of success municipalities. The Deputy Speaker of explore the possibility of having in developing the capabilities of its the Eastern Cape Provincial Legislature, interim platforms that will monitor youth. The report said placing youth Ms Bulelwa Tunyiswa, proposed that the implementation of resolutions matters prominently in the oversight the reports presented by legislatures to taken at these sectoral parliaments. responsibility of the legislative the executive after Youth and Women’s “This will ensure that municipalities sector cannot be overemphasised. Parliaments must form part of the and provinces that are experiencing The provincial and national youth budgeting and planning processes in challenges can be assisted and not parliaments represent important the provinces. wait for a year before challenges are initiatives of the legislative sector in addressed. We must ensure that the this context. Her sentiments were echoed by the forthcoming Women’s Parliament Free State Speaker, Ms Mamiki Qabathe, will be a culmination of work derived The NDP recognises that the youth who added that recommendations from monitoring implementation. This play a crucial role in the development should not just be considered within the platform should evolve into a process of the country. It acknowledges that provincial legislature’s executive, but assessing the impact of the various South Africa has a large youth and also for Parliament to engage with the policies passed by the 10 legislatures a working-age population, which is national executive. “Some departments (nine provincial legislatures and the critical in creating a developmental and do not have concurrent mandates with national Parliament),” she said in her prosperous state. The National Youth provincial departments, for example report on the sectoral parliaments. Parliament was a platform created by Land and Rural Development. There we

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 15 general news high level panel on key legislation

Major move to speed up fundamental change for ordinary South Africans

High Level Panel on the Assessment of Key Legislation and The the Acceleration of Fundamental Change visited the Free State and KwaZulu-Natal recently. The chairperson of the panel, former Deputy President Mr , said he hopes the exercise will result in strengthened relations between Parliament and citizens and ensure that all legislation impacts positively on the lives of the people, writes Sakhile Mokoena and Abel Mputing.

The High Level Panel (HLP) is The panel has identified three conducting its task through categories of legislation that it wants nationwide public consultations and the public to comment on: laws on information gathering and is currently social cohesion and nation-building; criss-crossing the country gathering equitable distribution of wealth; and views from civil society organisations laws governing land. with disabilities are employed in low- and ordinary citizens on the impact of paid jobs and remain in these jobs all legislation passed since 1994 on the Free State citizens told the panel their lives. lives of South Africans. that the laws governing broad-based black economic empowerment, The High Level Panel on the While in Mangaung in Free State, Mr gender equity and ex-prisoners need Assessment of Key Legislation and the Motlanthe said that while South Africa to be reviewed. Furthermore, the Acceleration of Fundamental Change may have produced good laws, its implementation of disability laws needs also visited the KwaZulu-Natal province, people are not benefiting optimally to be reviewed. to hold the first joint Round Table from these laws due to challenges in discussion of all working groups in their implementation. The Free State Provincial Secretary . The discussion was meant to of the Disabled People of South pull together the input of experts on He explained the motivation for the Africa (DPSA), Mr Mbali Ernest the scope of legislation relevant to their panel. “This exercise had never been Nyembe, commended the country’s expertise, research, proficiency and line tried before. We only passed and good legislation and policies aimed of work. repealed laws, but their impact has at protecting people living with never been assessed. Where there is disabilities. “We also have the As much as these public hearings get legislation that complicates the lives United Nations Convention on the the general public’s input on the impact of our people, interventions should be Rights of Persons with Disabilities, of legislation on poverty, inequality, made because legislation is meant to but our biggest challenge is the land reform, nation-building and social protect citizens. Do these laws impact implementation of these policies and cohesion, there is a realisation that positively on the lives of ordinary laws,” he said. the input of experts in accelerating South Africans? Do they serve as fundamental change can have a huge enablers or impediments in our efforts Mr Nyembe also complained about material impact on the end product of to better lives?” Mr Motlanthe asked. wage inequality and said that people this process.

16 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA high level panel on key legislation general news

SHARING THEIR VIEWS: South Africans have made good use of the opportunity to tell the High Level Panel about the impact of legislation on their lives.

Mr Motlanthe provided more Prof Paulus Zulu, from the University companies subordinate to bigger ones. background to the HLP. “The legacy of KwaZulu-Natal, drew from findings This has had a detrimental effect on the report of the fourth Parliament, emanating from a study looking at the empowerment legislation,” he said. which ended in 2014, called for an “threat to social cohesion in Durban”, assessment of the quality of legislation which he believes applies to a broader Mr Benedict Dube, a senior researcher passed since 1994 and the lived impact national reality. “What we perceived as at the Xubera Institute for Research and thereof on our people across South threats are socio-economic inequalities Development, said his intention was Africa.” that manifested in different forms. to reconcile the inequalities and lack But there have been a number of of social cohesion in the province. His The fifth Parliament prioritised this complaints regarding the procurement input was titled “The apartheid system assessment and resolved that a panel of state business that was a trigger to is unshaken: Bantustans still exist”. be established to look at the efficacy this inquiry. That has been compounded In his presentation he emphasised and implementation of legislation on by, for instance, our procurement that the spatial configuration of poverty, inequality, unemployment, legislation,” said Prof Zulu. apartheid still prevails and has an equitable distribution of wealth, land effect on economic, social and historical reform, nation-building and social “The structure of the economy is configuration in this province. cohesion, and how they have impacted abetted by legislation that was on the lives of ordinary South Africans. predicated on social inequalities. For “The threat to social cohesion and an instance, the 80/20 formula in the end to economic inequality is rooted in “We are here to listen so that we can procurement system makes it difficult our province’s procurement systems and integrate your experiences into the for small black-owned companies to processes. There has been an admission final report. Our preliminary report is compete equitably with big and often by public officials that more needs to expected in March 2017 and the other white- and Indian-owned companies be done to empower black companies will be submitted in June 2017 and will that subsidise their core competencies. through government’s procurement then be made public,” he said. The current structure makes small black systems,” he said.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 17 general news members’ constituency work

Following up on their commitments to the people

of Parliament (MPs) used the recent constituency According to Ms Rheeders, the Members week to follow up on service delivery. Mava Lukani sewage pipes on the doorsteps of reports on two visits by MPs to the Southern and Eastern Cape. people’s houses leak and create small streams in which children play because they lack alternative playing The people of the poverty-stricken problems with damaged sewerage facilities. She said the problem is an communities of Misgund, Krakeel infrastructure, a shortage of water old one and the municipality is aware Rivier and Louterwater in the Kou- and a lack of employment. of it. “We are appealing to you to Kamma Local Municipality reminded take this sewage leakage problem to Dr Malcolm Figg of the Democratic According to Krakeel Rivier residents, the relevant government authorities,” Alliance about the promises made leaking sewerage pipes are a health said Ms Rheeders. by Members of Parliament (MPs) harzard. “The sewerage problems during the local government elections we experience in this community Dr Figg prioritised Krakeel Rivier and when he visited the area during the have the potential to deter potential other communities nearby during September constituency week. investors,” said Ms Cila Rheeders, this constituency period. He assured who is a community activist and the people of Krakeel Rivier that he The communities of Kou-Kamma and previously served in Krakeel Rivier as will escalate the problems to the Kouga Local Municipalities still face a councillor. relevant Members of the Executive

18 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA members’ constituency work general news

Dr Figg said he always emphasises Briefing Dr Figg about the cemetery, the fact that he is available as the Mr Tamboer said it is situated on Member of Parliament responsible land donated by a farmer, who had for all the people of Kou-Kamma handed over control of the cemetery Local Municipality. “There is a wrong to the municipality. impression that I am responsible for the members of the Democratic “Because there is no more space for Alliance in this constituency. That is new graves, farm workers dig graves wrong and misleading. I am here for near the road.” everybody, regardless of their political affiliation,” Dr Figg told community He told Dr Figg that Kouga Local members. Municipality is doing what is required by law to do to stop the farm workers He appealed to Kou-Kamma residents from burying their relatives near the to turn their communities into safe road and provide them with a new places with a good and attractive burial site. environment for investors. He said Kou-Kamma has opportunities that Dr Figg urged Mr Tamboer to must be translated into a better life accelerate the provision of a new for all. “All the Langkloof communities burial site and to persuade farm HANDS ON: Dr Malcolm Figg (right) views are blessed with fertile soil that workers to use nearby cemeteries sewage treatment works in the Kou- Kamma municipality. produces, among other things, apples while the problem is under and pears, and with energetic and discussions. “Tell them deceased skillful people,” he said. people don’t discriminate,” emphasised Dr Figg. Council of the Eastern Cape provincial He said the blessing of fertile soil government and ministers of the made the terrible state of poverty He asked Mr Tamboer to gather national government. “As I normally puzzling. “It is unbelievable that support from farm workers on the do in dealing with problems of this people who are blessed with all that matter of the cemetery. “Burial is a nature, I shall take them to the are victims of poverty. It is a glaring very sensitive issue. Ensure that you relevant authorities and demand contradiction.” go along with the farm workers and a speedy response,” he said. get their support on each and every Dr Figg told the people of Langkloof decision on this matter,” Dr Figg He urged the people in the to use public land available to them emphasised. Kou-Kamma and Kouga Local to push back the frontiers of poverty. Municipalities to work together with “All the arms and weapons to win Dr Figg also visited Sarah Baartman’s their councillors and ward committees the fight against poverty are there, grave and the Sarah Baartman’s in demanding services from their available for the people to use. Centre of Remembrance, which is municipalities. He said community Use that and the Department of still under construction near Hankey. members must become a united force Public Works’ Extended Public Works He heard that the Sarah Baartman and speak with one voice to their Programme,” he said. Project, which has been halted municipalities under the leadership because of a workers’ strike, will of their councillors and ward Another problem facing Kouga Local require R180m to be completed. committees. Municipality farm workers is where to bury their dead. The municipality’s Dr Figg said the Kouga Local He said people experience issues Cleansing and Parks Manager, Mr Municipality must ensure that related to poverty in similar ways. Frank Tamboer, told Dr Figg that one the Sarah Baartman Centre of “Put your party political differences of the cemeteries is full, but the Remembrance provides the positive aside when you demand your rights workers continue to use it for burial economic spin-offs that are expected and speak with one voice.” purposes. from it. “Please ensure that this place

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 19 general news members’ constituency work

becomes a tourist attraction that will all the former TRTC employees to a former Transkei and long-distance bus be the beacon of hope for the people meeting to report on progress made services to various major centres in of Hankey,” said Dr Figg. in addressing issues raised by the the Republic of South Africa. workers in a petition they submitted Mava Lukani reports on a to the NCOP at the beginning of the According to Mr Gaehler, the workers constituency vist by National Council fifth Parliament. are demanding back pay, their of Provinces’ (NCOPs’) Eastern Cape pensions and claims against the permanent delegate, Mr Lennox Mr Gaehler told InSession that the Unemployment Insurance Fund. Gaehler, who reported back to former employees were his priority Mr Gaehler said the NCOP referred former employees of the now- during the September constituency the petition to the Committee defunct Transkei Road Transportation period. “We have been trying our best responsible for petitions, chaired Corporation (TRTC) during his with other role-players to put this by Mr Setlamorago Thobejane. Mr September constituency programme. matter to rest, but that is not easy Thobejane wanted to present a report as the matter is very complicated,” from his committee on the matter to Mr Gaehler, who is a member of the said Mr Gaehler. The TRTC was a the workers himself, but due to his United Democratic Movement and parastatal providing bus passenger tight constituency programme, he whose constituency includes Sabatha transport services to members of was unable to travel to Mthatha to Dalindyebo Local Municipality, called the public within the borders of the do so.

LEGITIMATE DEMANDS: MP Mr reports back to former employees of the Transkei Road Transportation Corporation.

20 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA members’ constituency work general news

FRUITFUL HARVEST: Dr Figg (left) urged members of his constituency to make the best use of the fertile soil in the Kou-Kamma area.

Presenting the report, Mr Gaehler National Bank. This meant that the Leading the former TRTC workers, told the former employees gathered Committee had to contact each one of Mr Mfanelo Mpongwana thanked in Mthatha: “Because of my them. Mr Gaehler for the report. “The report understanding of the problem and the is encouraging and we are going to fact that I am also a member of the Mr Gaehler said initially Alexander wait for the NCOP,” he said. He told Mr Select Committee on Petitions and Forbes said it did not have any TRTC Gaehler that their struggle to get the Executive Undertakings, he mandated money, but later said it did. “Given money they believe is owed to them me to pass the report to you.” a situation where an institution like started in 1996, when the TRTC was Alexander Forbes would give two dissolved. He urged them to speak with one voice responses to one inquiry about the and be patient in fighting for their money invested for workers means that Mr Mpongwana told InSession that claims, which he said are legitimate. this cannot be a short journey before the Eastern Cape provincial government “When your petition reached the NCOP, it is over,” Mr Gaehler explained. He had told the former employees that one of the steps I took was to ensure asked the petitioners to be patient and there was no money for them from that the different groups that existed give the Committee time to finalise the the TRTC. Based on this response, the and demanded the same claims were work of tracing the monies. former employees took the matter combined under one leadership, so that to court, but lost. “Driven by the fact you could speak with one voice. I am The ex-workers told Mr Gaehler to that we know TRTC owes us money, very happy to report that you are now ensure that the final report includes we went to the Presidency in Pretoria, one group of TRTC workers under one information about the sale of assets but we were not helped there either,” leadership,” said Mr Gaehler. (movable and unmovable). They said Mr Mpongwana explained. TRTC buses and their spares, including Explaining the delays in making the fuel, were sold without notice of He said the NCOP is their last hope. report public, Mr Gaehler told the auction. They said TRTC had bus depots “[Now] we can see the light of the former TRTC employees that the money in towns such as Butterworth, Mount sun at the end of the dark tunnel. We was held in multiple funds, including Frere, Mount Fletcher, Lady Frere and are optimistic that the truth will prevail Alexander Forbes, Old Mutual and First Dutywa. with the help of the NCOP”.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 21 general news mou to promote social cohesion

CRL Commission signs agreement with Konrad Adenauer Foundation

agreement between the Commission for the Promotion and cohesion in both countries. “The Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Commission) and the Konrad-Adenauer-Stiftung is crucial “In Germany, our main focus is the for Parliament given, among other things, Parliament’s role of deepening question of how we as KAS can international engagement,” the Deputy Speaker of the National Assembly, contribute to strengthening the social cohesion of our changing society. How Mr Lechesa Tsenoli, said when he welcomed the leaders of the two can we preserve our identity and organisations and other distinguished guests in Parliament, writes Mava simultaneously stay open to the changes Lukani. that come with a globalised world?” he said.

Mr Tsenoli said the two institutions The MoU was signed by the He said Germany is currently are crucial for the promotion of social CRL Commission’s Chairperson, experiencing an increase of extreme cohesion and national reconciliation, Ms Thoko Mkhwanazi-Xaluva, political views and positions, a among other things. The three arms and the KAS’s Secretary General, questioning of national identity and of the state exist to serve the public Dr Gerhard Wahlers. Both social cohesion, a departure from a and the Institutions Supporting Chairpersons committed their rational and fact-based debate towards Democracy exist to support that institutions to exchanging information “an emotionally loaded and heated one. agenda, he said. that will support the institutions Citizens turn their attention to populist in fulfilling their mandates. This groups and parties although these are Mr Tsenoli hosted the signing of includes consultations when neither able nor willing to contribute the Memorandum of Understanding organising conferences, round tables, to the solutions of the problems in any (MoU) between the South African symposiums, panels or seminars, meaningful way”, he said. CRL Commission and Germany’s or exchange of expertise and experts Konrad-Adenauer-Stiftung (KAS). in specific fields. Dr Wahlers said the CRL Commission Institutions Supporting Democracy, should concern itself with the tangible of which the CRL is one, are the Ms Mkhwanazi-Xaluva said she was problems affecting social cohesion. He delegated responsibility of the optimistic that the agreement will said KAS notes the CRL Commission’s Deputy Speaker. ensure social cohesion. “We are engagement with the commercialisation going to ensure that this agreement of religion in South Africa. The signing of the MoU took place will help us in carrying out our within the context of Mr Tsenoli’s mandate of the protection of the Among the guests who attended the encouragement of the Institutions rights of religious, cultural and occasion of the signing of the MoU, Supporting Democracy to form linguistic communities.” were Mr Günter Nooke, Africa Adviser mutually beneficial partnerships to the German Chancellor, and Member with other institutions to enhance Making KAS’s commitment to the of Parliament and leader of the Inkatha social cohesion and democracy in MoU, Dr Wahlers said he was sure Freedom Party, Prince Mangosuthu South Africa. the agreement would promote social Buthelezi.

2022 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA OBITUARY

tributeto Bonisile Alfred Nesi 20 September 1965 – 2 October 2016

Bonisile Alfred Nesi, a Member of Parliament and former Mr activist, will be remembered as a selfless servant and honest representative of the people. He was constant in his commitment to the cause of the disadvantaged from an early age.

Nobou, as he was affectionately He was arrested in 1987 and detained called by his comrades and friends, at St Albans prison in the Eastern was born in 1965 at Seven Fountains Cape for three years. Mr Nesi used in Grahamstown in the Eastern Cape, his time in prison to write his matric the son of Mr Mfondini Twani and Ms examinations, which he passed with Tandiwe Teyisi. a university exemption. Driven by his deep passion for education, soon after He received his primary education his release from prison he enrolled from Archie Mbolekwa Primary School for a Bachelor of Social Science and his secondary school education degree at the University of Cape Town at Ntsika Junior Secondary School, and completed it in 1995. Mr Nesi also in the Eastern Cape. He then subsequently completed a diploma proceeded to Nyaluza High School, in strategic management at Rhodes but could not complete his studies University. due to harassment by the security Constitutional Development; and the police due to his involvement in the After the 2004 general elections, the Select Committee on Cooperative struggle against Bantu education and ANC deployed him to the Eastern Governance and Traditional Affairs. apartheid. Cape Provincial Legislature as a Member of the Provincial Legislature, After the 2014 general elections Mr Nesi was recruited by the where he served on different portfolio he was redeployed to the National underground structures of the African committees. Assembly, where he served on many National Congress (ANC) in 1982. His Portfolio Committees, including the first successful political assignment The ANC redeployed him to the Portfolio Committee on Home Affairs was the establishment of a branch National Council of Provinces (NCOP) and the Portfolio Committee on of the Congress of the South African as the Eastern Cape permanent Defence and Military Veterans. Students in Grahamstown. delegate after the 2009 general election. There he made an important In paying tribute to him at his funeral He subsequently became its first contribution in the House and in the at his home in Grahamstown, his organiser. He was also among a group Committees on which he served. fellow Members of Parliament and of political activists who launched the comrades within the ANC described Albany region branch of the United In the NCOP he served on the him as a servant of the people and Democratic Front in 1983. He served Select Committee on Petitions and a true disciple of democracy and the on its executive committee as a Members’ Legislative Proposals; the revolution. He is survived by his wife, student representative. Select Committee on Security and Thobeka, and three children.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 2123 16 -DAYS activism

Parliament is committed to

for No Violence Against Women and Children

Every year South Africa joins the world in the international awareness-raising campaign which takes place from 25 November (International Day for the Elimination of Violence Against Women) to 10 December (International Human Rights Day).

ACTIvism 2227-1325 ISSN