Monthly magazine of the Parliament of the Republic of South Africa

Vol. 15 ISSUE 8 2015

Parliament theand people Committees hold oversight visits in all provinces 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 ­­­­­­­­­­­­­ 5 Editor’s note 6 Message from the National Assembly 7 I put the question 6

9 Presiding Officers’ workshop on Institutions Supporting Democracy 12 Memory Project lecture by former MP and struggle stalwart, Ms Gertrude Shope 14 National Council of Provinces’ Provincial Week a roundup of reports from the provinces 14

20 report on the National Council of Provinces Select Committees’ oversight week 24 24 National Assembly Committees conduct oversight countrywide

28 Heritage Day debate in NCOP

29 The African Independent Congress makes a constituency visit to KwaZulu-Natal

30 Interview with Multi-party Women’s Caucus chairperson, Ms Masefele Morutoa

32 National assembly debates drug abuse 34 ncop debates deaths of police officers

35 Tribute to MP Mr Kenneth Mubu 28

COVER: Citizens made their voices heard at the series of country-wide oversight visits by Committees from both the National Assembly and the National Council of Provinces. REGULARS

Presiding Officers Ms Baleka Mbete, Ms Thandi Modise, Mr Lechesa Tsenoli 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 Design and layout: Angelo Lamour

Copy editors: Jane Henshall and Vusumzi Get your free copies of Parliament's publications. Nobadula To subscribe, email [email protected] Writers: Rajaa Azzakani, Sureshinee Govender, For print copies, include your postal address. Temba Gubula, Modise Kabeli, Mava Lukani, Cedric Mboyisa, Elijah Moholola, Sakhile Mokoena, Justice Molafo, Malatswa Molepo, Abel Mputing

Photography: Temba Gubula, Justice Molafo, Cedric Mboyisa and Mlandeli Puzi

Distribution & subscriptions: Jacqueline Zils Publisher: Parliament of the Republic of South Africa Printer: Mailtronic Direct Marketing 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

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

BOOK A TOUR To tour Parliament Tel 021 403 2266 Fax 021 403 3817 Email [email protected]

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

Editor’s note

September, approximately 30 of Parliament’s 50-odd Committees During travelled to communities in far-flung parts of all nine provinces to exercise their oversight duties. About 10 Select Committees (SCs) from the National Council of Provinces (NCOP) kicked off the two weeks of engaging with citizens.

More than 20 National Assembly (NA) Portfolio Committees (PCs) followed. Between the PCs and the SCs, they visited mostly rural towns and villages to track service delivery in schools, on farms, in factories and within communities.

It is impossible to reflect in this brief column the range of issues and challenges thatarliament’s P Committees considered in the two-week oversight period. Suffice it to say that it demonstrates that the Parliament the public sees on television and in the news probably represents about 10% of the on-the-ground work that Parliament actually does, especially when its Committees leave the parliamentary precinct to visit those citizens who don’t have the resources to bring their concerns to Cape own.T

The joint Select Committees on Land and Mineral Resources and Communications and Public Enterprises visited the Kruger National Park to monitor efforts to stop rhino poaching; the Select Committee on Education and Recreation investigated transformation at the University of Free State; the Select Committee on Social Services assessed the progress of the eradication of the bucket toilet system; the joint Select Committees on Trade, International Relations, Business and Economic Development visited a non-governmental organisation, Widowed Women of South Africa, commending it for protecting child-headed households. (See these stories on pages 20 to 23).

The PCs from the NA visited Free State, Limpopo, Eastern Cape, KwaZulu-Natal and Mpumalanga. Like their counterparts in the NCOP, some NA Committees joined forces in order to maximise their reach. An unprecedented collaborative team of Committees on Police, Defence, Military Veterans, Home Affairs and International Relations has together embarked on oversight of issues concerning the safety of South Africa’s borders. (Read about the PC oversight visits on pages 24 to 27).

Earlier in the month, the NCOP’s permanent delegates also returned to their provinces to check up on progress in delivery of infrastructure programmes. The theme for this biannual event was “Advancing infrastructural investment and development for better services to communities”. They tracked infrastructural projects, including the construction of roads, clinics, bridges, hospitals, houses and sanitation services throughout the country.

While the delegates found what they saw generally encouraging, they expressed mixed reactions, acknowledging how much more has to be done. (Read about their trips on pages 14 to 19).

Members of Parliament are now in their constituencies for their regular constituency weeks, but during September the parliamentary precinct was busy. InSession includes a spread on questions put to Ministers so that they account for delivery (pages 7 and 8). This being Heritage Month, InSession includes a report on the Heritage Day debate in the NCOP (page 28). There is also coverage of an NA debate on the threat of drug abuse to society (see page 32) and on a debate in the NCOP on police deaths (page 34).

Yet another debate held by the NCOP was on the Institutions Supporting Democracy (ISDs), where a commitment was made to protect their impartiality and independence (page 11). The changing role of these institutions, which includes the Public Protector, the Independent Electoral Commission and the South African Human Rights Commission, was the subject of a workshop held at Constitution Hill in Johannesburg, with inputs from Committee Chairpersons and Ministers as well as respected independent commentators from civil society (see pages 9 and 10).

Another parliamentary workshop was a Women’s Roundtable Discussion. As a follow-up, InSession interviewed the Chairperson of the Multi-Party Women’s Caucus, Ms Masefele Morutoa, on page 30 and 31.

We hope in these pages to give you an insight into the workings of Parliament that you may not know about. This is your Parliament, and you have the right to be informed about what happens behind the scenes. ourY comments, queries and challenges are always welcome.

Get back to us! We want to hear what you have to say.

Moira Levy Editor

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 5 REGULARS

Message from the national Speaker of the National assembly Assembly, Ms Baleka Mbete

a democratic country such as ours is an integral As the fifth Parliament, we have Auditing part of our constitutional framework in deepening committed ourselves to oversee democracy through increased accountability. It is a symbol of maturity in the implementation of the National administrative controls, which are key in promoting good governance. Development Plan. It is important that we align our strategic plan, our budget and our operational plans to realise our In this regard, the Constitution requires Cape” in the 2014/15 financial year. set objectives in this term. In this regard, us to report in a manner that enables These achievements are a reflection of the executive authority will continue to Parliament and the Executive to account the leadership provided by the Executive hold senior management accountable on the use of public funds and the Authority and the tireless work by for the implementation of these plans. value derived by the citizens. As the governance structures – Parliamentary representative institution of the people, Oversight Authority, senior management Before I conclude, I wish to suggest it falls to the national and provincial and the general staff of Parliament. that there is room for our auditing of legislatures to ensure that the budget performance to be more nuanced. I optimally matches our people’s needs This should inspire us to do more. We suggest that the time has come for us with available resources. If resources should not become complacent, but to look beyond the numbers and to were limitless, there would be no need continue to set the tone and example introduce value-for-money auditing, to ration, negotiate trade-offs and make for good governance, which ultimately which determines whether the choices compromises – everybody could get strengthens and deepens South Africa’s we make provide the best value for whatever they wanted from the budget. democracy. money in the circumstances. Of course, I recognise that this form of auditing is In reality, spending needs inevitably Over the years, Parliament ensured more complex, but it has to be done. exceed available funding, forcing adequate implementation of the government to make choices about Financial Management of Parliament In accepting this award of excellence, I the allocation of scarce resources to and Provincial Legislatures Act of wish to acknowledge the key role of the meet competing needs in society 2009 and continuous improvement of A-G in ensuring good governance. We as informed by the priorities of our internal and financial controls. We have regard the A-G’s office as an invaluable developmental state. Budgeting forces thus seen consistent improvements in partner in achieving this goal in us to be aware of overall financial Parliament’s audit outcomes. Parliament and within other organs of constraints, helps in making difficult the state. We value the independence trade-offs, and supports the efficient Parliament has established an of the A-G and we will continue to assist implementation of policies. independent Internal Audit Committee to strengthen the Office of the A-G. to conduct oversight over the financial This clean audit outcome signifies that and risk management of the institution. The new Secretary to Parliament, Parliament is leading by example. We also moved from out-sourced Mr Gengezi Mgidlana, and his senior In performing its audit, the Auditor- arrangements of the internal audit management team, has worked to have General (A-G) assesses performance function to building a well-functioning in place the critical fundamentals any against criteria that include financial in-house Internal Audit Unit, which institution wishes for. This achievement and performance management and reports to the Audit Committee. also serves as a tribute to the late Mr compliance with legislation. Michael Coetzee [previous Secretary to As the Executive Authority, we Parliament] who laid the groundwork A clean audit is an indication that expect this unit to proactively for good governance and strong financial there were no material findings in all identify weaknesses in financial and control in the institution. these areas, which is laudable. We also management controls and bring these recognise that this clean audit outcome to the attention of the Audit Committee. Remarks by National Assembly Speaker, was preceded by yet another award We also expect management to take Ms Baleka Mbete, on the occasion of bestowed on Parliament for the “Most steps to address any weaknesses or the hand-over of the Excellence Award – Improved Audit Outcome in the Western challenges identified in this regard. Parliament’s Clean Audit.

6 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA REGULARS i putquestion the Questions asked in Parliament in September concerned, among other things, how South Africa’s association with Brics would benefit South Africa and plans to balance the budget deficit. Compiled byElijah Moholola.

Mr Jan Esterhuizen (IFP) asked the South Africa’s national interests in will make it possible for these pension Minister of Mineral Resources, Adv the fields of the local beneficiation funds to pay increases of more than Ngoako Ramatlhodi, with regard to of resources, labour practices and job 2% to their members if the funds are the dangers of underground mining creation are secured and strengthened available, and why the amendments and the provisions of the Mine Health through the Brics partnership. were introduced. and Safety Act, Act 29 of 1996, what steps have been taken to ensure that The Minister answered: The particular The Minister replied: The proposed miners are equipped with integrated priorities raised with regard to amendments, which have been communication systems to ensure ensuring that national interests in approved by the Board of Trustees of clear and reliable communications the fields of the local beneficiation the Transnet Second DefinedB enefit underground. of resources, labour practices and job Fund and the Transnet Sub Fund of the creation are secured and strengthened Transport Pension Fund as well as the The Minister responded: The Act through the Brics partnership have Transnet Board of Directors, are currently provides for communication systems consistently been promoted through being considered by myself and the to be installed at the mines. Inspectors all our Brics engagements. It is Minister of Finance. appointed under the Mine Health important to note that these issues and Safety Act conduct audits and are also contained in the Cabinet’s The travel benefits of retired employees inspections to ensure compliance. The Strategy for Brics, which was adopted of Transnet have not been amended. department, in collaboration with the in 2012. Although it is a classified Employees on management levels stakeholders, also monitors, through document, it directly addresses these in Transnet relinquished their travel the Mine Health and Safety Council, priorities, which have also been benefits in lieu of a percentage the implementation of the 2014 Mine regularly outlined in policy addresses remuneration adjustment from Health and Safety Tripartite Summit by the relevant government ministers, approximately October 2006 until commitments to ultimately ensure that who are members of the Brics Inter- April 2007, when their remuneration every mineworker returns from work Ministerial Committee. was changed from a basic pay plus unharmed every day. benefits dispensation to a total-cost-to- The Strategy for Brics Economic company approach. As their conditions Ms Hlengiwe Maxon (EFF) asked the Partnership, which the Brics leaders of employment had changed, they Minister of International Relations adopted at the recent Sixth Brics were required to sign new contracts of and Cooperation, Ms Maite Nkoana- Summit, also clearly reflects these employment. Mashabane, with reference to the issues in the identified priority areas view that the New Development for cooperation such as manufacturing Thus, from the date of conversion, Bank by the Brics [Brazil, Russia, India, and minerals processing and they also no longer qualified for China and South Africa] partnership agricultural cooperation. travel benefits after retirement. may have a significant impact on Management-level employees who developing countries, particularly in Adv Anton Alberts (FF Plus) asked joined Transnet from 2007 onwards Africa, on contested issues such as the the Minister of Public Enterprises, Ms were not entitled to free travel benefits. exploitation of natural resources, land Lynne Brown, about the status of the Despite these changes, employees on grabs and land displacement, labour process around the rule of a 2% increase non-management levels have retained practices, environmental concerns, for pensions paid to members of the their travel benefits, both during their agriculture and food security, what Transnet Second Defined Benefit Fund employment and upon retirement and steps have been taken to ensure that and the Transport Pension Fund, which these benefits have not been amended.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 7 REGULARS

Mr Ahmed Shaik Emam (NFP) asked government. This provision will enable Governance and Traditional Affairs the Minister of Finance, Mr Nhlanhla municipalities to draw on staff with the participates in the National Task Nene, given that expenditure exceeds necessary experience and competence in Team, comprising the Department revenue resulting in an increase in other spheres once the legal framework of Justice, Cooperative Governance, borrowing every financial year, what is in place. National Treasury and South African plans are in place to either increase Local Government Association, revenue or decrease expenditure to The Department of Public Service and established by the MPSA to develop create a balance. Administration is currently developing the regulations. minimum norms and standards, among The Minister replied: The major aims other things, including transfers between Ms Thandi Mpambo-Sibhukwana of government’s fiscal policy are to re- the three spheres of government. (DA) asked the Minister of Social duce the budget deficit, stabilise debt Development, Ms Bathabile and begin the process of rebuilding fis- The regulations are not yet in place. Dlamini, whether any progress has cal space. In 2012/13, government in- The regulations, once finalised, will been made regarding negotiations troduced the main budget non-interest provide guidance on the implementation with the Banking Association of South expenditure ceiling. To further strength- of the PAM Act to help rescue Africa to reduce the fees for all social en its commitment to narrowing the municipalities in distress, taking into grant beneficiaries. deficit, a fiscal package was announced consideration the different conditions in October 2014 and implemented in of employment of senior managers The Minister answered: Achieving the 2015 Budget. and categories of municipalities. sustainable and inclusive development in the financial sector goes hand in The existing expenditure ceiling was The Department of Cooperative hand with improving access to financial revised down by a total of R25bn in services, particularly for the poor and 2015/16 and 2016/17, while personal Mr Ahmed Shaik Emam (NFP) vulnerable. To this end, increasing income tax and the fuel levy were access to affordable, convenient and increased to raise R16.8bn more tax appropriate financial services, financial revenue in 2015/16. The combination inclusion interventions are essential. of lower spending and higher revenue will result in a main budget primary The Department of Social balance being achieved in 2017/18. Development and the South African Social Security Agency are Mr Jihad Mohapi (ANC) asked the undertaking a number of initiatives Minister of Cooperative Governance that will contribute to the financial and Traditional Affairs, Mr Pravin inclusion of the poor through the Gordhan, what plans are in place to social security system. implement the requirements of the Public Administration Management Act, We will be engaging the National 2014 (Act 11 of 2014) to help rescue Treasury, as directed by the Reserve municipalities in distress. Bank, which is the custodian of the Banking Policy, to facilitate The Minister responded: The Public negotiations about the reduction Administration Management (PAM) of banking charges. While these Act, 2014 (Act 11 of 2014) (“PAM Act”) initiatives are currently under way, imposes an obligation on the Minister we have also made provision in the of Public Service and Administration new social grants payment tender to (MPSA), in consultation with the Minister accommodate bank charges for social responsible for local government, grants beneficiaries. For instance, there to develop regulations providing will be no direct costs for beneficiaries guidelines on how to manage horizontal if they use the payment channel of transfers of staff at senior management the contracted service provider as levels across all the three spheres of stipulated in the new tender.

8 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA institutions supporting democracy ge RnEGULARSeral news

ISDs moving with the times Institutions Supporting Democracy (ISDs) gathered at The Constitution Hill in Johannesburg earlier this month to attend a workshop to assess progress and to discuss matters that have been raised over the years. The Deputy Speaker of the National Assembly, Mr Lechesa Tsenoli, spoke to InSession about what the workshop set out to achieve.

The wise men and women who came Prof Kathy Govender and Justice Navi together more than two decades ago Pillay who recently led the International to draft our Constitution were mindful Human Rights Commission. She provided of one concern. A perfect Constitution a useful global perspective on the pros on paper is all very well, but what of and cons of different structures that those issues that would inevitably fall serve the broad human rights sector. between the cracks? Even in those heady days of our new democracy they Mr Tsenoli, who co-chaired the workshop were far-sighted enough to act with with former Member of Parliament caution, making provision in case citizens Mr Cecil Burgess and who had been found themselves stranded outside mandated by the National Assembly’s the protection of our internationally (NA’s) Speaker at the February meeting renowned Constitution. to oversee engagement with these institutions, said this clearly attested Their solution? In time they set up to the seriousness with which the fifth mechanisms to provide recourse for such Parliament regards these institutions. It DEPUTY SPEAKER OF THE NA: Mr Lechesa Tsenoli. citizens who fell outside the protection was an opportunity to give the ISDs a of the law. The result was the Chapter platform to air their views on matters what the state does or doesn’t do. We Nine Institutions, so-called because they requiring the attention of the Presiding must be seen to act speedily.” arose from the Bill of Rights in Chapter Officers. Nine of the Constitution. Today these are According to his account of the more accurately called the ISDs because “One of the things we came to consider workshop, it was marked by frank and not all of them are created in terms of was how to ensure that Parliament honest assessment of the challenges Chapter Nine of the Constitution. organises itself to interact better with facing the ISDs. “For instance, some these institutions,” he said. He explained complain that they don’t have teeth, This was not the first time the ISDs have that the plan was to make this a regular that they are not able to enforce their held such a meeting. Early on in the fifth series of meetings where the ISDs have decisions, that they are often not Parliament in February 2015, they were an opportunity to engage directly with properly funded.” called by Parliament’s Presiding Officers the Speaker, the Chairperson of the to a gathering for such a purpose. What National Council of Provinces (NCOP) One of the most pressing issues that made this latest meeting different is that and Parliament’s other Presiding Officers. comes up repeatedly is whether some for the first time in attendance were the of the ISDs – those that deal with human Chairpersons of the Committees that “We have a lot of responsibility to rights issues – should be amalgamated the ISDs account to, as well as Ministers these institutions. As Parliament they to form a single ombud-type body. and Deputy Ministers of the government provide us with support as important departments under which they fall. Also mechanisms for people who have not This is an old debate. It was mooted invited were Administration Law Lecturer had joy in one place or another, for those back in 2006 when the late Minister at the University of KwaZulu-Natal people who are affected negatively by Kader Asmal put this forward in what

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 9 general news institutions supporting democracy

has come to be known as the Asmal [institution] against that background, “We now try to work together as much Report. He also cited weaknesses in [to see] whether they have in their as possible, conduct investigations the governance of the ISDs, and the particular way played their role.” together, which did not happen before,” anomalies and inconsistencies in their Mr Tsenoli said, referring to another of labour and remuneration procedures. One of the key issues up for debate the chief critiques in the Asmal Report. at the workshop was whether these “The institutions are beginning to work The Chairperson of the Forum of ISDs, institutions, each of which is attached differently in response to the criticism Mr Bongani Khumalo, presented a report to a government department, should that they often duplicate investigations on behalf of all the ISDs, assessing be “delinked” and go it alone. Some and overlap in functions. They are the funding gap in the strategic plans were all for being accountable directly to starting to find ways to deal with those of the institutions. Inconsistency in Parliament. They felt this would ensure problems.” remuneration is another issue that their reports are considered in more repeatedly comes up for debate, and depth and their issues would be become Today, there is a forum of the Mr Tsenoli reported that the Department the direct responsibility of Parliament. chairpersons of all the nine of Justice noted that this was a matter institutions, which Mr Tsenoli described to be taken up by the Independent Being closely associated with a as a significant “step of progress”. Commission on Remuneration of Public department, some institutions argued, Most important is the fact that they Office Bearers to handle the current meant they did not have the authority to now have access to the NA’s Speaker fragmentation in remuneration of the assert their demands. Most importantly, and the NCOP’s Chairperson, as well members of these bodies. their budgets were ring-fenced within as an established agreement to meet those departmental budgets, and in regularly. Asked if Parliament is any nearer to these times of cost-cutting, some felt addressing the issues raised in the Asmal that they did not have access to Treasury The workshop agreed all the Report, Mr Tsenoli gave an emphatic to motivate for their own sufficient institutions should investigate the yes. For one thing, he said, the Office budget to allow them to be effective. evidence of the impact they have had of Institutions Supporting Democracy over the years and based on that, is up and running, located within the “Some of the departments themselves decisions would be made about the Office of the Speaker, where it is subject also wanted to be rid of the headache of most effective way forward. to the constraints of the parliamentary being responsible for these institutions’ leadership as well as the benefits of budgets,” Mr Tsenoli said with a laugh, “They agreed to draw from the lessons that position. but he emphasised that all ISDs showed learnt over the years. This workshop themselves keen to investigate new was an important first step, a first-time Mr Tsenoli was at pains to make it clear methods of operating, taking into coming together of all stakeholders that although the institutions themselves account current financial constraints. to thrash out conclusions. Soon we are stronger and better organised than will come together to discuss the before, resolution of the challenges With the different views expressed, outcome of that workshop and make identified in the Asmal Report “is going this is the start of a long process before recommendations.” A report of the to be a process”. agreement is reached, and even then outcomes will have to be presented legislative and even constitutional to Parliament. In his view the most “vulnerable” amendments may be required to institutions are the ones that deal with enforce any changes. There was a clear sense that in the cultural and language issues. “This years since their formation, changes is an area around which we are not “A process is under way in our opinion had taken place in South Africa and doing particularly well as Parliament. and we would like to see a qualitatively in our democracy, and the ISDs today Language is underestimated as a source different relationship between ourselves recognise that 21 years on, these of conflict. “There must be room and as Parliament and the Committees of changes need to be taken into account. spaces for people to go to if they believe Parliament, and the ISDs. This working This must include consideration of the they are not being treated according to together with the institutions is evidence stressful economic environment that the principles of Batho Pele. Twenty- of good things happening,” Mr Tsenoli puts pressure on the budgets of all of one years on we must assess each said. the existing institutions.

10 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA Institutions Supporting democracy general news

ISDs are a cornerstone of democracy

The National Council of Provinces (NCOP) has a duty to Northern Cape delegate for the Economic Freedom Fighters protect the Institutions Supporting Democracy (ISDs), Ms Nkagisang Mokgosi said it was important that ISDs and ensure their independence and impartiality. This received financial support and that they were free from was the most prevalent view of Members of Parliament political interference. “Institutions Supporting Democracy (MPs) when the NCOP held a debate on the ISDs in need adequate funding so that they build internal September, reports Elijah Moholola. administrative and technical capacity to carry out their constitutional mandate. Like the judiciary, institutions that The ISDs referred to are the Auditor-General; the support democracy must be independent from all political Commission for Gender Equality; the Commission for interference. the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities; the Independent “Institutions that support democracy must be allowed Communications Authority of South Africa; the to carry out their mandate. If there are disagreements, Independent Electoral Commission; the Public Protector; parties must use appropriate legal processes to contest the and the South African Human Rights Commission. outcomes of work conducted by ISDs,” she said.

Mr Jomo Nyambi, the NCOP’s House Chairperson KwaZulu-Natal delegate for the Inkatha Freedom Party Mr for Committees, Oversight and Inter-Governmental Mntomuhle Khawula said while some of the institutions Relations, said the debate offered MPs an invaluable were performing fairly well, they needed to be properly occasion to strengthen their relationships with ISDs, and capacitated. He also highlighted the issue of non- to find ways to improve the working relations between interference as being important in order to safeguard the Parliament and ISDs. impartiality of these institutions.

“As we may know, the ISDs complement and support “Some practices, which we find very ambiguous and Parliament’s oversight function. Therefore Parliament ironical, is that with some of the key institutions that we is duty-bound to ensure that the ISDs are effective in have, the President is responsible for appointing their their functioning, and strengthened in their ability to Heads. But the very same office, the Presidency, has been discharge their primary roles. This we do, not only on writing to such Heads after appointing them asking them the understanding of our constitutional obligation, but to give reasons why they should be regarded as fit to hold also because we understand the importance of the ISDs office. Why appoint them if seven or 12 months down the in our democracy.” line they are doubted in their ability to hold office? This is a disservice to democracy,” he said. He added that the Constitution demands that other organs of state assist and protect ISDs to ensure their The ISDs are a cornerstone to the architecture of democracy independence, impartiality, dignity and effectiveness. and development, said Mr Lennox Gaehler for the United Democratic Movement in the Eastern Cape. “In our Free State delegate for the Democratic Alliance Mr democracy, and as South Africans, Chapter Nine institutions George Michalakis argued that “cadre deployment” has are a necessity. We have suffered at the hands of previous “infiltrated the Chapter Nine institutions one by one”, regimes that were never accountable to anyone, with post- and this had resulted in them being reduced to serving independence socio-economic ills still part of our lives. political party interests rather than being watchdogs against abuse of democratic power. “Although not a “These institutions are inherently linked to good governance Chapter Nine institution, we still are – or should be and the legitimacy to govern. Equally, they are playing – a body safeguarding democracy. We are, after all, a critical role in ensuring the success of representative supposed to be the Upper House and Upper Houses and participatory democracy. Once these institutions are have historically been the guardians of constitutional weakened and not supported, the rule of law is eroded and principles,” he said. tyranny becomes the order of the day.”

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 11 special focus Memory project inaugural lecture

Parliament recognises role of women in liberation struggle

role of women in South Africa’s transformation will “Instead, they wanted to participate be highlighted and recognised through Parliament’s fully in the planning committee and TheMemory Project, which was launched at the end of September, writes all the structures of the negotiations. Elijah Moholola. We, together with many women from religious and other non-governmental organisations, held a big demonstration Speaking at the launch of the project, and integrity shown by the likes of Ms in front of the building where the Codesa which will be commemorated through Maxeke. talks were taking place and only then a series of public lectures annually, won our right to participate fully. National Assembly Speaker Ms Baleka The inaugural Memory Project public Mbete said that history usually did lecture on Ms Maxeke was addressed by “Following this, the Women’s Coalition not acknowledge the involvement of Ms Gertrude Shope. Ms Shope narrated was formed with women from different women in the South African liberation the role played by Ms Maxeke during the parties, which developed the Women’s struggle. struggle for freedom in South Africa. She Charter. The main points of the Charter said courage was one of Ms Maxeke’s were incorporated into the South African “Parliament has a critical role to play defining characteristics. Constitution,” said Ms Shope. in contributing to nation-building and heritage in South Africa. It is for this “The courage to fight for what she The courage to fight for what is right reason that we are proud to launch thought was right, often being the only and to stand up and be counted is one the Memory Project to coincide with woman. This determination and zeal of Ms Maxeke’s legacies that should be Heritage Month,” she said. were to greatly influence the quality of continued, not only in politics, but in all the struggle for liberation in general, spheres of life, Ms Shope said. Ms Mbete explained that the purpose of and for the emancipation of women the Memory Project was to honour the and for gender equality in our country in Refering to the United Nations’ contribution of women in South Africa. particular. Sustainable Development Goals (SDGs) towards 2030, Ms Shope said South “Through the Memory Project, “This was particularly evident during Africa had done well in many areas Parliament will publicise and archive her tenure as President of the Bantu relating to gender equality, but still has the historical and current experiences Women’s League, the predecessor to a way to go. She specifically referred to of South African women. The project the ANC Women’s League, which was two critical points relating to women as will acknowledge women from formed in 1913. Her legacy was a source outlined in the SDGs. across political, economical and social of constant guidance and inspiration spectrums who have contributed to throughout the years of the struggle for “The first relates to eliminating all forms transformation in South Africa. The liberation,” she said. of violence against all women and girls, project will honour both those who are including trafficking and sexual and other still living and those who have passed “At the start of the Codesa (Convention types of exploitation. The unacceptably on,” Ms Mbete said. for a Democratic South Africa) high incidence of crime against women negotiations, the leaders of participating and girl children in our country needs the The inaugural lecture honoured the life parties, mainly men, would sit, discuss urgent attention of all leaders in society and legacy of Ms Charlotte Mannya and agree on certain matters and only and members of communities, male Maxeke took place at Freedom Park after that would women’s opinions be and female. in Pretoria. Ms Mbete said Parliament sought. The ANC women delegates at will consider naming a Committee the talks invited women from various “The second is ensuring women’s full room or a street in the parliamentary groups to get together and they agreed and effective participation and equal precinct after her. She further said the that they were not satisfied with being opportunities for leadership at all levels current generation of leaders should consulted after everything had been of decision-making in political, economic strive to emulate the courage, resilience decided. and public life. Although we have done

12 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA memory project inaugural lecture special focus

COURAGE TO FIGHT: Struggle stalwart and former MP Ms Gertrude Shope delivered the first MemoryP roject lecture on the life and legacy of Ms Charlotte Maxeke. quite well in this area, there is much that hearts and minds, resources and among her male counterparts. still needs to be done. energy to ensure that the dignity of the downtrodden and oppressed is restored, “While she worked as a teacher at King “The coming local government elections that there is reconciliation between black Sabata Dalindyebo’s private school, she pose a particular challenge with respect and white, and that there is equality was one of the few women whose to female candidates at ward level, as between women and men. voices were heard in the chief’s court there is no mechanism yet that enables among men, and who had influence us to ensure that at least 50% of ward “In a world still characterised by in the council. This great humanist candidates are women,” she said. patriarchy, our literature, oral traditions was a pioneer in many respects. She and popular culture are still dominated founded the Bantu Women’s League, a Deputy President Mr Cyril Ramaphosa by male protagonists.Too often, women predecessor of the Women’s League to applauded Parliament’s Presiding Officers are presented as passive bystanders. defend the rights of women. “for launching this initiative to recognise, The Memory Project will help us to remember and honour the women who change that. It will put women where “Not only did she fight against the evil toiled, suffered and sacrificed to ensure they belong – at the centre of historical pass system, but she also organised that today is better than yesterday, progress and development. It will show women to fight against the disgusting, and that tomorrow will be better than that women are capable leaders in their humiliating practice of medical today.” own right,” he said. inspection of black domestic workers. Like many of the women who will Mr Ramaphosa said: “The women the Mr Ramaphosa said that Ms Maxeke be honoured through this project, Memory Project seeks to honour were bequeathed a proud, inspiring and Charlotte Maxeke was not only a leader South African patriots – women who enduring legacy to millions of South of South Africa’s women, she was a had a strong sense of duty to their African women. She applied herself with leader of South Africa’s people,” said Mr people and their country.They committed distinction and commanded respect Ramaphosa.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 13 special focus ncop oversight week

NCOP Provincial Week round-up

permanent delegates to the National Council of Provinces The (NCOP) embarked on a week-long Provincial Week programme across the nine provinces in September to assess progress made in delivering infrastructure projects. The InSession team travelled with them and Modise Kabeli compiled this report.

The theme for this biannual event was: The national government is the “Advancing infrastructure investment primary financier of infrastructure and development for better services development of rail and public to communities”. The provincial transportation systems, while the delegates split into smaller groups and provinces focus mainly on roads and visited district municipalities in the social infrastructure. provinces to meet with the provincial legislatures, the South African Local The delegations used this opportunity Government Association (Salga), to conduct oversight visits to strategic premiers, Members of the Executive infrastructure projects and held public Councils (MECs), mayors and other meetings to enable members of the relevant stakeholders. public to raise matters related to service delivery. This gave Parliament, When the first democratic the provincial legislatures and government was elected in 1994, it Salga an opportunity to monitor embarked on a massive, multibillion- the progress of these projects with rand development drive to provide specific focus on: infrastructure in black communities, which was lacking due to apartheid’s • catalytic projects – such as separate development policies. the Northern Mineral Belt (in particular the Waterberg region in To meet the demands of a growing Limpopo province); the Gauteng- economy and population, the new Free State-Durban Logistics democratic government made Corridor; the South-Eastern infrastructure development a priority. Node & Corridor Development; distribution; bulk water and the Saldanha-Northern Cape sanitation supply; municipal During the 2015 Medium Term Development Corridor; the East development; agro-logistics and Expenditure Framework (MTEF) London Industrial Development rural infrastructure development; period, state-owned enterprises and Zone; and the Coega Industrial urban spatial development and local government accounted for just Development Zone in Port management; and re-organisation under 70% of all public investment in Elizabeth. and regional integration projects. infrastructure. South Africa’s current • Enabling socio-economic • cross-cutting projects – such as infrastructure spending in gross development projects – such as information and communication domestic product (GDP) exceeds greening the economy; electricity technologies, national school build other economies worldwide by 4.9%. generation, transmission and and higher education projects.

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

WATER FOR ALL: Members of Parliament, including Mr Mergan Chetty, Mrs Lynette Zwane, Mr Omie Singh and Mr Mntomuhle Khawula, listen attentively as a multimillion-rand water project in Nongoma in KwaZulu-Natal is explained to them.

When it comes to findings, this and Traditional Affairs indicated days criss-crossing the province, Provincial Week showed that major that an amount of R17bn has been covering more than 500km to gain infrastructure interventions are taking allocated in Municipal Infrastructure first-hand experience of the state place throughout the country. The Grants, which are for provision of of infrastructure development and delegates expressed mixed reactions basic services. The department further service delivery. to what they learnt during these indicated that access to such services visits. is: refuse removal 21%; sanitation Delegation leader, NCOP’s Limpopo 63%; water supply 86%; and Provincial Whip Ms Tsapane Mampuru, The briefing by the Limpopo electricity supply 87%. Department of Cooperative Governance, Human Settlements The NCOP delegation spent two

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

criticised the project manager projects in Greater Tzaneen and told the NCOP delegation that they responsible for the Kgabo Park Water Greater Tubatse (in the Vhembe have allocated R5.7m and created Supply project in Capricorn District District), which had been part of about 800 skilled and unskilled jobs. Municipality when the delegation the programme in September 2014. found water leaking from one of the Following its oversight visits, Ms In the Dr Kenneth Kaunda District site's three reservoirs. Such leaks, Mampuru said the delegation was Municipality, the NCOP delegation led she said, contributed to the water reasonably pleased with what they by Hon Boingotlo Nthebe, Provincial supply problems the municipality saw in the province. Whip for the North West Province, was experiencing. visited Ventersdorp Local Municipality. In North West province, community The delegation also visited the nearby members who attended a public Acting Premier Ms Nelson told Maupye Water Project, which started meeting in Ba-Mogopa Community the delegation that unrest in in 2013 and is now complete and Hall complained about the lack Ventersdorp is under control and state benefiting residents. However, the of housing, non-existent learner buildings will be protected against delegation found another dam, the transport, water shortages and a lack vandalism. She also said that 100% Glen Alpine, has insufficient capacity of employment as major problems. of households are supplied with to meet demand and is experiencing At another public meeting in Tigane electricity, but different electricity construction difficulties due to funding Community Hall, the community pricing rates causes dissatisfaction problems. also complained about the lack of among residents. employment, a non-existent police The delegation also visited the force and a general unwillingness by In Gauteng, NCOP delegates received Mokwena/Glenfumes Water their councillors to help them. a briefing from the departments of Supply Project, where the pump Infrastructure Development, Water machine is broken. The Blouberg Due to budget constraints the and Sanitation, and the South African Local Municipality claimed that this condition of provincial surfaced National Roads Agency. was due to funding that had not roads in many provinces, including materialised and the lack of electricity North West, is expected to remain The Head of the Department of supply from Eskom. unchanged in the current financial Infrastructure Development, Mr year. This also means that a lot Berthuel Netshiswinzhe, said Following a presentation by the of money is spent on routine challenges in the inclusion and Office of the Premier on the state maintenance and patching potholes promotion of the township economy, of infrastructure in the province, the and other road damage. protracted procurement processes NCOP identified persistent challenges and poor planning delayed the with the provision of water, sanitation North West Acting Premier Ms Wendy implementation and execution of and health facilities. Nelson indicated that the province financial management processes. has a backlog in the construction Interventions that the province has of the road network amounting to The 2.5% population growth in the put in place include the formulation about R5bn. However, the Provincial province will place greater pressure of the Limpopo Development Plan Treasury and Public Works are on the already fragile public health and the Premier Infrastructure engaging with the Development system, Mr Netshiswinzhe said. Coordination Council, which Bank of Southern Africa for a funding “Considering the capacity of the provides strategic oversight on the model to address the backlog. existing clinics, many thousands of implementation of all infrastructural people are not attended to by public programmes by the provincial Sanral presented the Strategic health facilities. This means eight government and district municipality. Infrastructure Project (SIP 4), more hospitals are required in the which aims is to unlock economic province,” he added. The delegation also revisited opportunities in the province. Sanral

16 PARLIAMENTPARLIAMENT OF THTHEE RREPUBLICEPUBLIC OF SOUTH AFRICA ncop oversight week special focus

The delegation was also briefed on these surplus engineers to the sanitation, electricity, information sanitation challenges in the province. municipalities. Eskom management technology, human settlements, Acting Provincial Head of the welcomed this proposal by the NCOP agriculture, health and education. Department of Water and Sanitation, during the oversight visit to Kusile The plan is aligned to the National Ms Petunia Ramunenyiwa, said the Power Station, under construction Development Plan. The NCOP main challenges to the provision of in the province’s Nkangala District delegation also visited rural Nongoma water-borne sanitation are provision Municipality. to assess water and road infrastructure of bulk services, long lead times for projects in the Zululand region. new waste water treatment works, Acting Group Executive: Group uncontrolled densification and Capital at Eskom, Mr Abram Challenges in the district include insufficient funding. Masango, said they welcomed the housing, lack of alignment of idea of developing engineers for Municipal Infrastructure Grant funding Protests about water and sanitation communities [municipalities], as for bulk services, and transportation services, especially in informal Eskom does not have enough work and construction costs. A site visit to settlements, the old and dilapidated for all the engineers it produces. “The road projects around the Nongoma infrastructure, illegal connections and future of the country needs educated area left the NCOP delegation angry high water losses, and hostility from people, we cannot import skills all the as no officials from the Department community members are some of the time, we need to develop our own of Transport were present to account. issues preventing implementation of skills,” he said. The department subsequently sent an projects in Gauteng. official to address the delegation the Mpumalanga Provincial Whip Mr following day at a venue more than Ms Tasneem Motara, the leader of the Simphiwe Mthimunye said the NCOP 200km away from the actual site. Gauteng NCOP delegation, said that was happy with the progress in the all issues raised will be considered construction of Kusile, which will The KwaZulu-Natal NCOP delegation when the delegation finalises its bring a major boost in the country’s visited a R321m water project report. electricity grid when it gets fully currently under construction. Once operational in 2021. complete, the project will provide The Mpumalanga delegation was water to more than 150 000 people. briefed about the planned Moloto When the delegation visited the The project has created hundreds of Rail Corridor, which will link the Kusile construction site there was jobs, especially for young people. province with neighbours Limpopo not much activity as workers were It is the biggest water scheme in and Gauteng, and is also expected to mourning the tragic death of a the Zululand district area and is reduce road fatalities in the area. The colleague in an accident involving earmarked for completion by 2020. project will see the construction of a a crane, which had left two other railway line between KwaMhlanga in workers injured. The death of With regard to the building of schools Mpumalanga and Tshwane in Gauteng. the 56-year-old man brings the in rural KwaZulu-Natal, the NCOP number of fatalities to four since the Provincial Whip for that province, The Provincial Department of Public beginning of the construction of the Mr Lewis Nzimande, said the Works and Roads told the NCOP that multibillion-rand project, a situation highlight of the visit was a massive construction will start in 2017/2018, the NCOP said was very unfortunate. infrastructure project in a deep rural and is expected to take five years to village of Ndumo, which falls under complete. In KwaZulu-Natal, the Department of the Mkhanyakude District Municipality. Public Works told the NCOP delegation The R1.6bn Inkululeko Development The NCOP delegation has proposed that the province has developed a Programme will bring about the that the national electricity provincial infrastructure master plan revitalisation of Ndumo village. supplier, Eskom, should enter into to focus on aspects such as ports an agreement with Salga to get and airports, roads, rail, water and

PARLIAMENTPARLIAMENT OF THETHE REPUBLICREPUBLIC OF SOUTH AFRICA 17 special focus ncop oversight week

Mr Zakhele Mnqayi, senior manager These included the lack of proper but a strategy developed by the for stakeholder management in the access roads, water, a community Department of Social Development Premier’s Office, said: “This is an hall, a court, housing and a mortuary. might yield some positive results. In integrated multi-purpose and multi- They pointed out the shortage of addition, the department wants to sectoral project led by the Premier medication and staff at the recently create a database and a network of of KwaZulu-Natal that will address built clinic. all cooperatives, to introduce not only the critical social malaise of rural their business propositions to each communities. The project aims to They pleaded with Parliament to help other, but also to encourage them to revitalise the rural Ndumo area, them with learner transport as their do business with each other. thereby creating a rural development children walked long distances to and strategy which will contribute towards from school. The NCOP delegation also revisited the improvement in the quality the Zwide Clinic to establish if it has of education, health, sustainable In the Eastern Cape, the delegation made any progress in addressing livelihoods, job creation and the visiting the OR Tambo District challenges identified during a quality of life.” Municipality heard about progress previous visit. The NCOP was angry in developing the Integrated Public to hear that most of the issues that The sub-projects of this development Transport Network Plan. District were raised previously had not been include the state-of-the-art Ndumo Mayor, Councillor Nomakhosazana addressed and conditions at the clinic New Model High School, Ndumo Meth, said in the 2015-16 financial are deteriorating. Irrigation Reservoir, Ndumo Library, St year the municipality has set aside Phillips Primary School, Maphindela R1.65m for the development of the “There has been a spate of vandalism Primary School, Thelamama Primary plan. incidents in our clinic. We raised this School and Ndumo Clinic. The huge matter when you came last year, R249m new model high school is The Department of Transport has but our security condition has not 69% complete. A total of R169m has promised to assist the municipality to improved,” said the Acting Facility been spent on it so far. develop the plan and the municipality Manager of Zwide Clinic, Ms Dambisa has established the Roads and Mretho. St Phillips Primary School, with Transport Forum to ensure that there an initial budget of R33.98m, is are sound working relationships The clinic also has no ambulances. complete. The construction of among all role players. The leader “We were promised an ambulance Maphindela Primary School is also of the delegation visiting OR Tambo, service, but nothing has happened,” done at a cost R18.3m. Thelamama Ms Zukiswa Ncita, encouraged she said. “Instead, we are forced Primary School is also complete at the municipality to include the to share a single ambulance with a cost of R23.2m. The clinic was Department of Transport and Roads in our feeder clinic. To alleviate this completed in July at a cost of R27.8m. this plan. situation, we were provided with a car, but the car was stolen in June,” The KZN NCOP delegation held a Delegates visiting the Nelson she said. public meeting at the Ndumo Centre Mandela Bay Municipality were led to hear the views of people in the by Ms Tabiso Wana. The municipality As if that is not enough, the Zwide area. People braved the scorching sun plans to establish a waterfront to Clinic also has a shortage of critical to attend the meeting so that their stimulate new business. medical personnel. “The problem is voices could be heard. As part of a follow-up visit to the that we are still operating on an old municipality, the NCOP delegation organogram that does not speak to While they were overwhelmingly revisited the Sovuyiso Sewing our current situation. For instance, grateful to the government for its Cooperative in New Brighton the post of an operational manager is efforts aimed at revitalising their township to assess its progress. not reflected in the old organogram, village, they did express a number of The delegation heard that it is not but currently there is a need of this concerns regarding service delivery. making much of a profit as yet, expertise to ensure that the clinic runs

18 PARLIAMENTPARLIAMENT OF THTHEE RREPUBLICEPUBLIC OF SOUTH AFRICA ncop oversight week special focus

smoothly,” Ms Mretho said. Financial and Fiscal Commission, access to the internet for the citizens because it needs to invest more on of the province. Ms Wana said: “The state of affairs of infrastructure, in order to address this clinic leaves much to be desired. issues of backlog. To that effect, the Mr Denis Joseph, a member of the The stories that you have told us district municipality should engage delegation, was concerned about the about this clinic are not new to our the National Treasury to see how it implementation and maintenance of ears. We heard them before when we can leverage the R631m earmarked the project. “The department says were here last year. I am saddened for sanitation infrastructure services,” this depends on the availability of by the fact that there is not even a Mr Rayi said. electricity. Now having said that, slightest progress that has been made how will the electricity crisis in the to address the challenges that this In the case of the Western Cape country affect the progress of this clinic has been faced with since last Province, the NCOP Provincial Week implementation plan? Once these year. That is unacceptable. It is a bad kicked off with a briefing meeting projects have commenced, who will reflection on our endeavour to create held at the Western Cape Provincial be responsible for the maintenance a better life for all and we will do Parliament that proved to be a of the projects? Will the schools something about this.” success. have to be responsible for their own maintenance?” he asked. The delegation visiting the Amathole The NCOP delegation was pleased District Municipality in the Eastern to receive a comprehensive report The NCOP Provincial Whip, Ms Cape heard that 50% of the by the Western Cape Department of Cathy Labuschagne, thanked both infrastructure in this metro is in bad Transport and Public Works, along departments for their openness and condition. To that effect, R40m has with a briefing by the Department of well-presented reports. Speaking been spent replacing water and the Premier on broadband roll-out. to the Department of Transport and sanitation infrastructure, said the Public Works, she said: “I am quite leader of the delegation to Amathole The Western Cape Department happy with the presentation and I District Municipality and Eastern Cape of Transport and Public Works take it that the delegation will agree Whip in the NCOP, Mr Mandla Rayi. presented their briefing on the state with me when I say that it was well of infrastructure investment and put together.” “Capital funding for water and development. Although happy, the general municipal infrastructure members of the delegation had some Finally, the NCOP Chief Whip Dr is not sufficient and therefore questions. Hunadi Mateme said the report of the alternative interventions should be programme will be debated in the sought. There is currently a budget Delegation member Mr Cameron fourth term when delegates return shortfall of R992m for water and Dugmore asked: “In terms of rural from the Parliament recess period. sanitation infrastructure projects. This public transport, what are the plans The report will then be sent to the is compounded by lack of strategic of the department for infrastructure Leader of Government Business so planning for bulk services to address development? And how many that it is tabled in Cabinet. Following infrastructure backlogs and Illegal work opportunities are being made that, she said the NCOP expects to water connections,” he said. available for the residents, regarding get commitment from government on the upgrade of some of the roads?” its plans to address the infrastructure The Amathole District Municipality challenges throughout the country. delegation recommended that the The Department of the Premier also Her office will then ensure that the municipality make a submission to told the NCOP about the provision of Committees of the NCOP follow up on the Financial and Fiscal Commission broadband in the Western Cape. The the issues raised during the Provincial for more sanitation infrastructure presentation was well received by the Week. funding. “Through the parliamentary NCOP delegation as it provided insight processes the district municipality into the plans by the Western Cape should make a submission to the Government to instal free

PARLIAMENTPARLIAMENT OF THETHE REPUBLICREPUBLIC OF SOUTH AFRICA 19 GENERAL NEWS select committees on oversight

NCOP Select Committees conduct oversight

Committees of the National Council of Provinces Select (NCOP) visited five provinces early in September to exercise Parliament’s constitutional mandate of oversight and holding government to account, especially concerning service delivery. They visited the Free State, Eastern Cape, Limpopo, KwaZulu-Natal and Mpumalanga. InSession writers travelled with them and filed these reports.

The importance of bringing to life the improve the condition of the centre. meaning of the oversight week’s theme, Among the challenges MPs found at “Working together we can do more”, the centre, which were confirmed dominated the visits to the Eastern by Correctional Services Regional Cape by the Select Committees on Commissioner, Mr Nkosinathi Breakfast, Cooperative Governance and Traditional were overcrowding, dilapidated Affairs, Security and Justice, and Petitions buildings, and water and plumbing two decades ago. At these hearings, and Executive Undertakings, writes challenges. Mr Breakfast revealed a there were no representatives Temba Gubula. 132% overcrowding rate in the remand or submissions from key invited section. He said that the facility housed stakeholders, such as the MEC of These three NCOP Committees 1 324 inmates, a number almost Transport, Safety and Liaison and the visited the Eastern Cape to consider double the 720 number of inmates office of the Premier. an application for the invocation of it is supposed to house. Section 139 (1)(b) of the Constitution According to Committee Chairperson, against Grahamstown’s Makana Local During the public hearings held by Mr Setlamorago Thobejane, the Municipality. the Select Committee on Petitions unavailability of these key role players and Executive Undertakings, Committee or their representatives has a potential They also inspected the conditions at members were displeased by the to delay Parliament in finalising these the Mthatha Correctional Centre and absence of the OR Tambo District Mayor, petitions. He said such conduct was held public hearings emanating from the MEC for Roads and Public Works and unacceptable. petitions for intervention in upgrading the MEC for Provincial Treasury, who roads and on claims of unpaid were supposed to be respondents during Mr Setlamorago said a spirit severance packages and pensions the public hearings, which sought to deal of cooperative governance, by the Transkei Road Transport with a petition on the poor state of roads intergovernmental relations and Corporation (TRTC). in the Eastern Cape. respecting parliamentary processes is not only enshrined in the Constitution, At the Mthatha Correctional Centre, The same situation was also it is also a principle position the current Committee members said stakeholders condemned during public hearings government has adopted in ensuring such as Public Works, Correctional on a petition by ex-workers of the that people’s concerns are dealt with Services, and the National Prosecuting TRTC, who wanted the Committee speedily and effectively. Authority, among others, should to help them get their severance optimise the provisions of their existing packages and pension monies due to Transformation at the University of the Memorandum of Understanding to the liquidation of the TRTC more than Free State was one of the concerns of

20 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA select committees on oversight special focus

OVERSIGHT: A member of the Select Committees on CoGTA, Security and Justice as well Petitions and Executive Undertakings, Mr Dumsani Ximbi (left), visits the Mthatha Correctional Centre in the Eastern Cape with an employee at the Centre. the Select Committee on Education and must embrace one another rather than sanitation as per the Constitution. To this Recreation on their visit to the Free State, just tolerate each other. end, the 7 895 functional units delivered writes Malatswa Molepo. to the people of the province represent “We have to be aware that, while restoration of dignity to those citizens of The Committee concluded that the society sometimes accentuates this country who suffered humiliation as institution is following a model that differences, the institution is doing a result of the bucket toilet system. could be used by other institutions of its best to teach our students about higher learning that are grappling with their similarities, rather than their While the Committee welcomed the the challenge of transformation. differences,” Prof Jansen said. provision of proper ablution facilities, it remains concerned by the high “We are quite impressed with the work Regarding the language of instruction, number of buckets still to be eradicated. that has been done at this institution. It the university uses a dual-language Compounding this is the funding was unfortunate that the racial incident model in which students can choose to challenges that delay the completion of that occurred here a few years ago be taught in either Afrikaans or English. the programme. [when a group of cleaners was subjected The university also said it was doing its to harassment by white students] thrust best to address the challenge of financial “What was concerning was the the institution into the spotlight. But we exclusion of underprivileged students by admission that budgeting did not are impressed that good work has been covering the shortfalls in allocation of the take into consideration unforeseen done to integrate the institution and National Student Financial Aid Scheme. challenges, such as bulk sewerage, that we encourage the continuation of this might impact on available resources. The work,” said Ms Lungelwa Zwane, the The Select Committee on Social Services department must put aside contingency Chairperson of the Committee. was also in the Free State to track funds that will cater for any unforeseen progress with implementation of the challenges,” said Ms Cathy Dlamini, the The University’s Vice-Chancellor, Bucket Eradication Programme within Chairperson of the Committee. Prof Jonathan Jansen, said that the formal settlements in the Free State. university’s transformation programme The Committee believes that all South Another element of concern to the is based solely on the idea that students Africans must have access to adequate Committee was the non-payment of

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 21 special focus select committees on oversight

debts by municipalities, which impacts support to Regional Offices and Water SANParks anti-poaching unit’s Major- negatively on Water Boards. While the Boards to realise the aim of the General Johan Jooste presented a Committee is aware of the nationwide eradication programme. briefing on the park’s counter-poaching challenge faced by municipalities activities, in which he emphasised that regarding low revenue collection, it has The Members of the Joint Select the initiative is expensive and dangerous called for innovative strategies to reverse Committees on Land and Environmental to human life. “Our anti-poaching this phenomenon. Affairs, Mineral Resources, and rangers receive intensive training and Communications and Public Enterprises require sophisticated safety gear in order The theft and vandalism of water-related were impressed by South African to survive in the bush. It is dangerous infrastructure was also a concern to National Parks’ (SANParks’) anti-rhino to patrol because poachers go around the Committee, due primarily to the poaching initiatives reports Justice carrying guns and not only do they resist negative impact on already depleted Molafo. arrest, they also fight back,” he said. resources, as municipalities divert money meant for other development initiatives They met the management of SANParks According to Mr Jooste, the KNP has towards replacement and repair of and the Department of Environmental arrested 128 poachers in 2015 so infrastructure. Affairs in a two-day meeting in far, compared to 70 in 2014, and 78 the Kruger National Park (KNP), weapons were seized. He said KNP has The Committee called for the re- Mpumalanga, as part of their week-long discovered 482 dead rhinos, 82 more doubling of efforts to deliver bulk oversight visit to the province. than they found in 2014. water infrastructure that will help create an enabling environment for Mr OlifileS efako, Chairperson of Mr Jooste said 1 403 poaching cases the completion of the Bucket Eradication the Select Committee on Land and were recorded in 2014. “There are at Programme. Furthermore, the Environmental Affairs, hailed the least 12 groups of poachers roaming Committee encourages residents initiative as a move in the right direction. the park at any given time,” he said. to report any leakages. “We are aware that poaching is a global challenge and falls under organised In their next stop in Mpumalanga, the The Committee also called on the crime, but the figures provided by Joint Select Committees held a meeting Department of Water and Sanitation to the KNP show a trend into a positive with Safcol Forestry in Sabie to consider speed up the provision of the necessary trajectory,” he said. its business sustainability, a new

TRACKING THE POACHERS: The kit that is required for just one member of SANParks’ anti-rhino poaching unit.

2022 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA select committees on oversight special focus

business model and the impact of land such as roads, schools, clinics, skills tourism industry with iSimangaliso claims on the business performance. development and bursaries. They also seeing over 600 000 visitors a year. said that Safcol needed to empower The land claims at Komatiland Forests, local people economically through In a meeting with the beneficiaries a subsidiary of Safcol, threatens the preferential procurement on projects of one of the projects, Mr Makue viability of the current operation, with such as harvesting. was delighted to hear that tour guide 61% of the plantation being claimed Mr Temba Mthembu is a local resident by more than 50 groups of people. The Committee has promised to return who underwent training with the to the province before the end of 2015 park, and now owns a successful At Safcol’s office in Sabie, the Select so that the entire board of Komatiland tour operator business. The park has Committee was addressed by Safcol Forests together with the municipality, ensured that 65% of its budget goes Acting General Manager for Forests, the Department of Rural Development directly into projects rather than Mr David Mbulaheni, who explained and Land Reform, land claimants and salaries and has received 12 clean that Komatiland Forests wants the land traditional leaders can be brought audits. Mr Makue congratulated claims process to be expedited, saying together to amicably create mutual Mr Mthembu for his successful tour that the company was ready to provide solutions. operations business. training and development for claimants to ensure sustainability of its forests. Sureshinee Govender joined the Joint The Select Committees went on to Select Committee on Trade, International an oversight visit to the Durban Port “Safcol has undertaken to cooperate Relations, Business and Economic Authority. The focus was on the Durban fully with the regional Land Claims Development, which kick-started its Port Expansion and the Durban Dig-out Commission in order to speed up the week-long programme in KwaZulu-Natal Port with an emphasis on maritime land claims process. We will focus with a visit to the iSimangaliso Wetland transport in relation to costs, efficiency on cementing a mutually beneficial Park. and security. relationship between the company and communities where we operate,” The park is one of South Africa’s eight They also visited the Widowed Women he said. United Nations Educational, Scientific of South Africa, a non-governmental and Cultural Organisation world heritage organisation based in eSikhaleni. This Mr Mbulaheni told the Committee that sites. It spans 240km of South Africa’s project is one of the Expanded Public Safcol had spent R40m on more than coastline and has the second highest Works Programme-funded projects in 130 community projects in the past four dunes in the world. iSimangaliso has the uThungulu District Municipality. years. “The projects include, among eight eco-systems and about 640 000 others, 11 timber-frame structures, a people living around the park. Mr Makue commended the women school with 39 classrooms, six victims’ of Widowed Women of South Africa centres, three ICT centres and providing Chairperson of the Joint Committee for fighting against their circumstances 26 schools with computers,” he said. delegation, Mr Eddie Makue, to beat poverty and deprivation. The commended the management of organisation’s mission is to ensure However in a separate meeting with the park for their Rural Enterprise that child-headed households and the mayor and management of the Programme, which ensures that the local vulnerable women are protected. Thaba Chweu Local Municipality, land community benefits from spin-offs from claimants and traditional leaders the tourism industry. The women earn an income from it became clear that Komatiland community-based projects that teach Forests does not have a good working The programme started in 2008 with them farming and craft skills. relationship with the municipality and 48 entrepreneurs who were skilled traditional leaders. in financial management, marketing, Mr Makue said: “These women deserve sales and business administration. the full support of government for more The municipal mayor, Ms Selina Today this programme has over 150 land for agriculture, as they just did not Mashego, and a traditional leader, a entrepreneurs who provide a variety of sit back and wait for a hand-out from Mr Mnisi, accused the company of services from tour guides to suppliers government, but took the initiative not making meaningful community of goods and services to arts and crafts and formed an organisation to help infrastructural investment in areas producers, all of which boost the local themselves.”

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 2123 special focus portfolio committees on oversight portfolio committees on oversight special focus

SAFETY AT SEA: South Africa’s navy patrols the country’s marine areas.

schools are able to cope with the situation and any assistance or support National Assembly the Portfolio Committee could give. Added to this, the Committee would also like to understand how these affected Committees conduct schools are coping with the start of the Annual National Assessment and Examination Readiness for 2015, as well oversight countrywide as the overall readiness for the National Senior Certificate (NSC) Examination for of the National Assembly recently conducted 2015,” she said. Committees a week of oversight around the country on the theme “Working together we can do more” to assess government The Committee heard that challenges service delivery and administration. The InSession team travelled with them in filling teaching positions in the Port and reports on the activities of a few of the delegations. Elizabeth district include delays in payment of appointed educators (in some cases up to six months), non- The shortage of teachers, challenges for the school nutrition programme, appointment of non-teaching posts, with centralised procurement, which now ensures that learners who insufficient working tools and the infrastructure backlogs, unpaid teachers’ would have gone hungry, are now movement of files between different salaries, the progression policy, fed and attend school regularly. The departments. shortages of therapists to assess learners Extended Public Works Programme with special needs and a hesitation to also received praise, as funds from this During a meeting with organised labour, re-employ teachers who have resigned programme are used to pay for items unions highlighted an unwillingness from teaching, even where there is that schools would not have been able to reappoint educators who resigned a need, were some of challenges to afford otherwise. and took their pension. The Provincial highlighted during a recent oversight Department of Education said it prefers visit of the Portfolio Committee on Basic The Committee visited the northern to give young graduates the opportunity Education to Port Elizabeth in the Eastern areas of Port Elizabeth as media of employment. It was, however, Cape, reports Rajaa Azzakani. coverage had suggested many problems willing to consider re-employing former are being experienced at schools there. teachers in instances where they are However, it was not all doom and Committee Chairperson Ms Nomalungelo unable to find a replacement, such as gloom for the Eastern Cape Education Gina said: “The main objective of the with Afrikaans. Department. The Committee heard from visit is to understand the impact of schools that there is great appreciation disturbances at affected schools, how The Committee heard that 14 centres

24 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA special focus portfolio committees on oversight portfolio committees on oversight special focus

and 607 learners were implicated in “group copying” in the 2014 NSC NATIONAL ASSEMBLY PORTFOLIO examinations. The hearings for seven COMMITTEE OVERSIGHT roundup centres and 133 learners have been finalised and sanctions instituted. The More than 20 of the National Assembly’s Portfolio Committees, rest of the schools have appointed along with two Standing Committees, visited provinces lawyers and the hearings in those throughout the country to fulfil their mandate of conducting schools have started. oversight over the executive. Space prevents comprehensive coverage of all the oversights visits, but InSession considers The Acting Head of Department in the in detail the visits of the Portfolio Committee (PC) on Basic Provincial Education Department said Education and the PC on Telecommunications and Postal that since last year the province had Services. made great progress in appointments for vacant posts. He, however, It also reports on an unprecedented cluster oversight visit by all acknowledged that there are pockets of PCs involved in safety at South Africa’s borders – Police, Defence, vacancies still not filled. Military Veterans, Home Affairs and International Relations as well as the Joint Standing Committee on Intelligence. The Committee then visited Charles Duna Primary School in New Brighton. In addition to these visits, the PC on Energy went to the Free The school was established in 1962 and State where it conducted oversight at the Letsatsi PV Power around 80% of its 1 062 learners come Plant and commended Letsatsi for the social responsibility from unemployed households. Under programmes it has implemented. the leadership of the principal, who joined the school in 1998, it has grown The PC on Human Settlements looked at housing delivery and partnered with the private sector for progress in the Buffalo City and Nelson Mandela Metropolitan computers, a library, sporting facilities, municipalities of the Eastern Cape, while the PCs of Arts and re-skilling of educators and various Culture, and Tourism and Environmental Affairs together educational programmes for learners. embarked on oversight to KwaZulu-Natal (KZN). Members of the Committee commended the leadership of the school. The PC on Water and Sanitation joined forces with the PC on Cooperative Governance and Traditional Affairs and spent two At Bethelsdorp High School and Van der weeks in KZN and Eastern Cape (EC). They assessed national Kemp Primary School, both in Salt Lake, government initiatives on drought relief interventions in KZN, social ills were also highlighted. Because and evaluated the impact of water and sanitation projects, with of gangsterism and substance abuse in the focus on the eradication of the bucket sanitation system in the surrounding areas, these challenges the EC. manifested themselves in the school environment. The PC of Agriculture, Forestry and Fisheries was also in the EC, while the PC on Labour visited farms in Mpumalanga to check on The Committee also had a heated the conditions of farm workers. meeting with education forums and school governing bodies from the The PC on Sport and Recreation visited KZN to assess the use of affected schools. The Committee heard the Division of Revenue Act grant allocated to the province for that the challenges mentioned above the implementation of sport and recreation programmes and for have been highlighted over the past providing sport opportunities to communities. two years, with very little intervention. Leaders said there was no political will Other PCs that undertook oversight visits included Economic to address the challenges. Ms Gina Development, Health, Social Development, Rural Development and Land Reform, Women in the Presidency, Mineral Resources, Transport, Science and Technology, Higher Education and Continue on page 26 w Training, Justice and Correctional Services.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 25 special focus portfolio Committees conduct oversight portfolio committees conduct oversight special focus

w Continued from page 25 in historically predominantly white The Committee Chairperson, Ms Mma- sports, was highlighted as a challenge. moloko Kubayi, said that poor signal assured the meeting that the Committee The Committee heard that physical and Internet service undermined people understands the frustration of the education needed to be introduced from living in the rural areas and perpetuated parents and that it will do everything the early childhood development stage the inequalities of the past. within its power to assist them. and that by giving more funds to Sports Focus Schools, the already empowered The Committee further expressed The Committee also visited schools, mostly former Model C schools, unhappiness with the fact that there Pietermaritzburg in KwaZulu-Natal over were being further empowered. are five secondary schools in Mhinga two days to focus, among other things, Village, but none of them has access to on the implementation of sports in Both provincial education departments the Internet or a library. However, some schools. The Committee met with both indicated they were ready to administer schools, including Xikundu Secondary the Provincial Department of Education this year’s NSC examinations and have School in Xikundu Village, Ntepane and Arts, Culture, Sports and Recreation, put stringent security measures in place. Primary School in Ga-Riba Village and as well as various stakeholders such Mokapane Multipurpose Centre in as the United Nations Children Fund, Slow Internet speed, poor mobile Mokopane, have Internet connectivity, provincial sports federations and phone and broadcasting signals although it is slow. organised labour. coupled with non-payment of staff members were some of the challenges The Committee also did not take kindly Regarding school sports in the province, faced by the Portfolio Committee on to the non-payment of Post Office staff Ms Gina said it became clear that Telecommunications and Postal Services members in Mungomani and Burgers- although some strides have been made, during its week-long oversight visit to fort, and requested that the matter be a lot remains to be done. She called Limpopo Province, writes Justice Molafo. resolved urgently. In addition to non- for greater collaboration between the payment of some staff members at the departments and all stakeholders who The Committee visited several internet Post Office, the Committee noted various have an interest in uplifting talented connectivity projects and Post Office issues ranging from lack of security, van- learners through sports. outlets in three district municipalities, dalism and office space. namely Vhembe, Mopani and Greater The lack of transformation, especially Sekhukhune. During its week-long visit in the Province, the Committee visited Mhinga COMPUTERS FOR THE PEOPLE: The Portfolio Committee on Telecommunications and Postal and Xikundu in Malamulele, Mutale and Services checks on connectivity at a project in Limpopo. Mungomani in Vhembe, Ga-Riba and Ga-Nkwana in Burgersfort. It also visited the Giyani Nursing College as well as Mokopane Multipurpose Centre to see connectivity projects as well as postal outlets.

South Africa’s borders are sometimes criticised for being porous and places where crime and corruption frequently occur. With this in mind, Parliament undertook to investigate the reasons for this state of affairs by sending a delegation of Members of Parliament belonging to a cluster responsible for overseeing the country’s peace and security, writes Temba Gubula.

The delegation visited ports of entry and land borders in KwaZulu-Natal to assess

26 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA portfolio committees conduct oversight special focus

the effects of crime and corruption in the in 2017, it does not inherit unnecessary the challenges the delegation wanted effective management of South Africa’s challenges that could be solved by the addressed. borders. Due to the multi-faceted aspect existing border management system. of South Africa’s border environment, To achieve safe and secure waters, which requires the involvement of a On the matter of crime and corruption, delegation members believe the role large number of departments to ensure identified at Golela and Kosi Bay borders of the South African Navy in maritime effective safeguarding of the land, for example, MPs called on respective border preservation needs to be air and maritime borders, it therefore departments and organs of state to be strengthened. They also want the lack of followed that a number of Parliamentary rigorous in uprooting any criminal and maritime sensors to be addressed, as it Committees should be clustered to corrupt elements harming South Africa’s affects the country’s ability to effectively conduct a joint oversight visit to the efforts to secure its borders. Members patrol waters. ports of entry. said crime- and corruption-fighting strategies would yield nothing without The delegation highlighted the lack of This unprecedented and inaugural cluster the full participation of community a bulk scanner to identify and detect oversight visit comprised Committees on members. They called on border illegal items passing through borders. Police, Defence, Military Veterans, Home management to ensure the public was The delegation said this will have to be Affairs and International Relations as involved in ridding South Africa’s borders attended to because relying on manual well as the Joint Standing Committee on of the scourge of crime and corruption, searching of cargo was unreliable and Intelligence. All these Committees cover such as drug-smuggling and bribery. puts the economy and security of the an array of focus areas related to border country at risk. MPs said they will have management. To this end, the delegation held public to engage the Minister of Finance to see hearings in the Pongola and St Lucia if procurement of such scanners could be While the delegation did not deny that Bay areas of KwaZulu-Natal. MPs called prioritised during budgeting processes. there were challenges at the country’s on community members to take pride ports of entry and land borders, the in their country and forge a partnership With South Africa sharing borders with situation was not entirely bad. The with security agencies by always alerting other countries, those involved in border delegation said they were also able those in power to criminal and corrupt management said there was a need to to see plans on how to improve the incidents. formalise and strengthen relations with functionality of the country’s border neighbouring countries to ensure joint management. Key among those plans, While the delegation understood and operations and to combat border-related according to delegation leader Ms Connie was willing to assist with some of the crimes. The delegation undertook to September, was the establishment challenges confronting this border line, engage the Department of International of the Border Management Agency it urged the border management to Relations and Cooperation to get an (BMA), which will see South Africa be proactive in addressing some of the understanding of how this could be move towards a coordinated border issues. achieved. management approach. The delegation, for example, did not On the issue of the lack of human Ms September said it is through the BMA understand how a person who is on the and operational resources as well as that South Africa hopes to address the wanted list could not be apprehended legislative gaps, delegation members many challenges confronting its borders. because of unavailability of a warrant of representing Committees that oversee The need for a BMA was highlighted by arrest or investigating officers and urged respective departments involved in President Jacob Zuma in his 2009 State the South African Police Service to sort border management were tasked to of the Nation Address (SONA) and is also this out immediately. follow up on these matters with those contained in the National Development departments. Plan (NDP). Concerns at airports included gaps in radar coverage of the South African Areas visited included King Shaka Ms September also said that the airspace, a lack of effective policing of International Airport, the Durban Harbour existing challenges cannot wait for the airfields and airstrips, as well as a lack and Naval Station, Richards Bay Harbour implementation of the BMA. They must of information sharing between the Air and Airport, Kosi Bay Port of Entry, be attended to urgently so that when Traffic and Navigation Services and the iSimangaliso Wetland Park, and the the BMA starts in late 2016 and early South African Airforce were some of Pongola and the Golela port of entry.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 27 general news HERITAGE DAY

Defend SA’s heritage the age of marriage while the men are usually much older,” she said.

Ms Zwane also spoke about the practice of virginity testing for the Zulu tradition of the annual reed dance ceremony where young maidens dance before the king. Only virgins are allowed to dance. She said the negative aspect of the practice is that it subjects young maidens to virginity testing without their consent and can lead to victimisation, depending on the results of the test.

Ms Cathy Dlamini, Chairperson of the most Members of Parliament from the National Select Committee on Social Services While Council of Provinces (NCOP) called on South Africans and a member of the ANC, said South to celebrate their heritage by preserving their culture, languages, indigenous Africans should not just celebrate knowledge and writing their own histories during a debate in the NCOP heritage, but should tell stories that will to mark Heritage Day, other Members warned of a clash between tradition move the country forward, and further and human rights in modern society, writes Sakhile Mokoena. reflect on the lessons learnt from the icons of the liberation struggle.

Some members of the NCOP felt that “Colonial rulers knew that military “The honest reflection on our history land is an important part of the country’s subjugation of indigenous people was will assist us to use the past to build a heritage that is still contested. Eastern not going to lead to total subjugation society that is imbued with the principle Cape delegate to the NCOP Mr Lennox and the ultimate achievement of of moral generation and social cohesion. Gaehler (United Democratic Movement) the colonial agenda. They, therefore, I encourage the youth to become spoke out during a debate on the systematically eroded and corroded archaeologists, anthropologists and all theme “Our Indigenous Knowledge, Our indigenous cultures by projecting and studies related to heritage and culture. Heritage: Towards the Identification, portraying them as backward. A large Our history must be told by those who Promotion and Preservation of South number of people began to despise walked it and who experienced it,” Africa’s Living Heritage”. He said that these cultures and traditions and got she said. South Africa still suffers from the effects assimilated into the Western ways of of the 1913 Natives’ Land Act. living,” said the Deputy Minister. She also called on living struggle icons to write about who they were and their “It is this statute that was used to Ms Lungelwa Zwane of the African role in the struggle. “We must rewrite dispossess black people of their land, National Congress (ANC) and our history and fill the gaps that are the livestock and all forms of production, representing KwaZulu-Natal said that manifestation of colonial dominance in robbing them of their livelihood, in observing cultural practices and our country,” she said. trampling on their dignity and violating traditions, society must make sure that their human rights and indeed their human rights were not violated. Representing the Eastern Cape, Ms heritage,” Mr Gaehler said. Phindiwe Samka (ANC) said: “Cultural “Over time, it has become evident that and indigenous knowledge is being The Deputy Minister of Arts and some cultural practices deeply infringe eroded while values of ubuntu have Culture, Ms Rejoice Mabudafhasi, said on human rights, such as marriage by seemingly been thrown out of the colonialism had caused havoc with the abduction (ukuthwala). In its current window. We therefore wish to propose cultural traditions and customs that had form, ukuthwala is tantamount to that for indigenous knowledge to kept intact the social and economic gender-based violence and the practice survive, the social and economic context fabric of South Africa’s pre-colonial now often involves the rape of young in which it is found has to be nurtured, societies for centuries. women and girls who are usually under maintained and protected.”

28 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA constituency work general news

Durban residents ask MP to come to their rescue residents of Kenville, a suburb of Durban in KwaZulu-Natal, The approached African Independent Congress Member of Parliament Mr Steven Jafta to help them resolve their problems that have plagued them for a number of years, writes Cedric Mboyisa. AFRICAN INDEPENDENT CONGRESS: Mr Steven Jafta (in blue).

The buildings they live in are in a navigating landmine-infested terrain, of Parliament, he has to attend to the terrible state of disrepair and residents with one having to be always on the concerns and problems of people in his live in fear that they could collapse alert and carefully minding one's constituency area. “Constituency offices at any moment. Not only do these steps. Fortunately, nobody has been are there to help bring Parliament worried residents have to live in electrocuted so far, but residents live in close to the people, so we are here to dilapidated buildings, they have constant fear that the illegal lines could serve all the people in my constituency. challenges of getting access to basic one day have deadly consequences for As citizens of this country, you have a services, such as water and electricity. the innocent children who live there. constitutional right to basic services and decent housing,” said Mr Jafta. Mr Jafta’s constituency office in The cracked walls indicate structurally Durban set up a meeting with the unstable and unsafe buildings. “These He noted that residents have no choice residents so that the MP could receive buildings can collapse any time. We but to resort to illegal connections. He the information from the residents should not live here. We are the same stressed this was still against the law. themselves. After executing his duties as people who live in shacks. We He said he will write a letter to the in the National Assembly one Thursday need decent housing. We have been council explaining their situation. He afternoon, Mr Jafta flew to KwaZulu- overlooked many times for decent said he will also investigate who the Natal the same day so he could meet housing,” said another resident, Mr owner of the buildings is so that they with the residents the following Simphiwe Madlala. Residents pleaded could explain themselves for allowing morning. The meeting was held in one with the Member of Parliament to help the buildings to descend into such a of the dilapidated structures bristling them get decent housing. decayed state. If need be, some issues with illegal electricity connections. would find their way to the provincial The residents also told Mr Jafta that at government. He will also raise their “It is very unsafe here, especially for least 15 people shared one toilet and problems through the Members’ children. We have no choice but to some have to use the nearby bush to Statements in the National Assembly. resort to illegal connections because relieve themselves. They implored Mr the council (eThekwini Metropolitan Jafta to request the council to provide He assured residents that he will keep Municipality) cut off our electricity and them with clean water. Another issue them informed about developments. water,” said one resident, Mr Kenneth that came up was crime. A feedback meeting will be arranged Vilakazi. in the near future. The residents “Crime is a big problem here, but we are said they are hopeful that Mr Jafta’s He said they had no idea who the fighting crime as a community. We are intervention will bear fruit. For a long actual owner of the dilapidated not under siege in terms of crime,” said time those in authority have turned a buildings was. They stopped paying Mr Vilakazi. blind eye to their suffering, they said. rent after their water and electricity A spirit of optimism was clearly visible were cut off by the City. Mr Jafta assured the residents that he on the residents’ faces after a meeting will help address and resolve their with the MP, who undertook to do all Illegal electricity lines are everywhere. problems. He explained that as part he can to help them find solutions to A walk around these buildings is like of his constituency work as a Member their challenges.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 29 general news women and development

Advancing women’s developmental agenda

her keynote address to In the Women’s Roundtable Discussion held at Parliament recently, the Chairperson of the Multiparty Women’s Caucus, Ms Masefele Morutoa, said that the representation of women in Parliament is a significant indicator of the country’s commitment to gender equality. Abel Mputing spoke to Ms Morutoa recently about women parliamentarians who are using their experiences and expertise to remodel political and legislative frameworks to bring about new and innovative perspectives on gender equality. CHAIRPERSON OF THE MULTIPARTY WOMEN’S CAUCUS: Ms Masefele Morutoa.

The Multi-Party Women’s Caucus in Parliament had previously been increase their influence in Parliament, has brought together women focused on the number of seats this will increase the likelihood of parliamentarians to work towards a occupied by women, with little women’s issues being discussed and common gender trajectory that will attention being given to the facilities, articulated in legislation, which will make their voices heard and that support and collective advocacy promote a legislative sector that is will change the shape and form of necessary for the advancement of gender-sensitive. our country’s political and legislative women’s rights.” framework, Ms Morutoa explained. “The caucus serves as a focal gender Since its inception, the caucus has point at Parliament to ensure that “The re-establishment of a Multi-Party carved a position in the forefront gender issues and perspectives are Women’s Caucus (MPWC) in the South of women’s issues, she said, and included in all of its deliberations and African Parliament in 2008 was borne has strengthened its endeavours to decisions.” of the need to create a platform for influence the shape and form of our female parliamentarians to advance country’s legislative framework. If Unlike the Porfolio Committee on gender equality as a collective, across the caucus succeeds in promoting Women, the MPWC has no oversight party lines. Women’s representation women’s legislative priorities and mandate. “The caucus is representing

30 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA women and development general news

the interests of women Members piecemeal changes in the gender part of the key performance areas of of Parliament. It seeks to promote equity discourse.” government departments. the discussion of women’s issues in Parliament and to make submissions Ms Morutoa thinks that gender equity “If there is no government planning, to the relevant Committees for has not received the attention it programming and budgeting that consideration. One of the main deserves. “Ours is a very old and contribute to the advancement of objectives of the caucus is to tolerant struggle, and it exemplifies gender equality and the fulfilment introduce a women’s perspective in our endurance. But our patience of women’s rights, gender parliamentary activities to be included has been tested and it has now mainstreaming will not be realised,” in the programming of debates and reached its ceiling. Our tolerance she said. to consider any other matter within has come to a head because we are its mandate referred to it by either of the view that we have not been “For RGB to be effective, we also House,” she said. taken seriously and we want that to need focal persons who understand change.” the budgetary frameworks and cycles She pointed out that the competitive of departments and who will be advantage of the caucus is that it Because little has been achieved on able to assess the impact of RGB in has harnessed the experiences and women’s issues to date, the MPWC respective departments. expertise of women from other now seeks to invoke the Women parliamentary Committees. Charter, which was adopted in “In all departments, we need focal Gauteng in 1954. Gender equity is a persons who will be responsible for “The members of the caucus come human rights issue that supersedes RGB. We don’t want RGB to be an from different Portfolio Committees partisan politics and the non-partisan add-on responsibility of departments, and they bring with them experiences nature of the MPWC is essential but one of their focal areas. Such about how different departments in forming legitimate, cross-party persons must be informed about deal with gender issues or which solidarity in order to promote a single, budgetary frameworks and cycles of departments have adopted gender common goal, Ms Morutoa said. departments to be able to evaluate mainstreaming and those that lag and monitor them.” behind.” “Our united voice as a caucus is important in building women’s Linked to RGB are Millennium A key focus for the caucus is the consensus. But most significantly, Development Goals (MDGs), which 50/50 threshold. This is a significant it shows that our collective plight compel governments to have practical starting point considering that as women supersedes our party solutions to women’s issues. “Having women’s representation has gone politics. In fact, ours is not only a women represented and participating down one percentage point at political matter, but a human rights in decision-making is very important Parliament. issue as well. As such, the success of for human development. Because it is our caucus will stem primarily from mostly women who are vulnerable to “We have a lot of laws that seek to our capacity to rally the support of poverty, maternal complications and promote gender equity. As a result, women parliamentarians around other health risks, and have restricted there are now many women who are this common objective. That is what access to resources, any programme judges and chief executive officers informs the strength and uniqueness that advances the status of women of big companies, but nonetheless of our caucus. We seek to harness contributes to the development of gender mainstreaming still remains that as its competitive advantage in society as a whole,” she said. very slow. One of the caucus’s main its advocacy of the women’s cause.” aims is to enrich the gender equity The caucus is now looking for ways legislation to ensure that women’s The caucus supports the belief that to use the #365 campaign of the representation in legislatures does gender mainstreaming will have Ministry of Women in the Presidency not decrease, but meets the 50/50 little success if responsive gender to embed women’s advancement threshold. The agitation for a woman budgeting (RGB) is not taken in the United Nations Sustainable President is our ultimatum against seriously. This means RGB must be Development Goals.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 31 general news debate on drug and alcohol abuse

The Democratic Alliance’s Ms Patricia Drug abuse a major Kopane said drug, alcohol and substance abuse is a major threat to our society, economy and South Africa’s threat to our society democracy. “We must be willing to do more together to fight this major social problem in our country. Because National Assembly (NA) recently debated potential solutions of drugs, many of us, also in this The to the impact of substance abuse on South African society. House, have lost our children. Many During the discussion on the topic “Socio-economic impact of alcohol, drugs of us have lost our families. Many of and substance abuse on our communities and on local government and the us are divorced, or are in the process solutions thereto”, Members of Parliament (MPs) lamented the damage of getting divorced. Many of our caused by substance abuse in communities and to the country’s economy, children are in and out of jails. Many writes Sakhile Mokoena. of our children are school dropouts. Many of our children are in an out of rehabilitation centres. The fact is that drug and substance abuse does not Members of the National Assembly number of children born with foetal know any political affiliation, doesn’t called on the government to alcohol spectrum disorder is a grave know any social status and doesn’t make resources available to fund concern. She said: “There is a real know any race,” she said. rehabilitation centres and for anti- need for treatment centres, more drug-use education programmes to be age-appropriate services, including She added that the devastating effect rolled out and maintained in schools, psychological and medical care for of substance abuse on our communities communities and places of employment young people. There is a need for was clear in the theft, rape, murder, in both the public and private sectors. effective interventions that target South child abuse and drunken driving that African youth. Prevention programmes occurred every day. “Law enforcement Ms Cynthia Majeke of the African that are grounded in evidence that is struggling to deal with this scourge National Congress said rural have shown to be effective are needed as resources are limited. We have seen communities continued to be both at school and after school, like a steady increase in drug-related crimes plagued by alcohol abuse and the family strengthening programmes.” from 63 000 in 2004 to more than

32 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA general news debate on drug and alcohol abuse debate on drug and alcohol abuse general news

DRUG ABUSE: The effects of addiction of prescription drugs can be just as debilitating as addiction to illegal substances.

260 000 last year and these crime reflecting on the industry itself. It is a alcohol consumption. “The causes statistics are but a small indication fact that alcohol and drugs industries of substance abuse are multifold. of the extent of the social impact of are killer industries and until society They range from our porous borders, substance abuse,” said Ms Kopane. starts viewing it in that way, the impact which invite an inflow of drugs into will continue to be appalling,” he said. our country, to the glamorous image The Department of Social the media creates of alcohol use Development’s Central Drug Authority The Inkatha Freedom Party’s Ms Liezl and the extreme helplessness that Dr Ray Eberlein said the estimated cost van der Merwe was concerned that people feel because of poverty and in 2011 to treat substance abuse was many municipalities are failing to unemployment,” he said. over R130bn a year. implement the National Drug Master Plan and there are not enough public Mr Mncwabe commended the Economic Freedom Fighters’ MP Mr treatment centres for addicts who want government’s National Drug Master Sam Matiase said the tax paid on the to recover. “Our greatest offensive and Plan. “This is to be commended and purchase of alcohol and tobacco did defensive action should be that of supported. However, we believe not begin to cover the government’s ensuring that this government is up to that any attempt to change social expenditure to deal with their effects. the task of creating jobs. This would be behaviour will be fruitless unless a “The governments allocated more the very first step in turning the tide climate is created that will address than R17bn to deal with the direct against this crisis, which is destroying the socio-economic circumstances consequences of alcohol abuse. Only our nation,” she said. in which alcohol and drug abuse R890m in revenue was collected from flourishes. these industries. That’s less than 5% Also lamenting the estimated of the cost to fight alcohol and R17bn that alcohol abuse costs the “We suggest that a renewed focus on substance abuse. government each year, Mr Sibusiso job creation and economic prosperity Mncwabe of the National Freedom would be a suitable starting point. “Alcohol abuse is the third largest Party said studies showed that alcohol We also wish to see increased police contributor to death and disability. abuse was the third largest contributor action, enforcing the laws of our It is the main reason for work-related to death and disability, after the country, in particular, the laws that injuries and absenteeism, as well tranmission of sexually transmitted regulate the licensed sale of alcohol as high employee turnover, yet we infections and inter-personal violence, and the laws that prohibit under-age talk about abuse of alcohol without both of which were influenced by drinking of alcohol,” he said.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 33 general news deaths of police officers

Mr Gaehler said there is an urgent NCOP debates deaths need to strengthen local policing forums as this would improve the safety of citizens. He said that police of police officers killings demand that the SAPS leadership improves the way in which South African Police Service (SAPS) management has the use of force by the police force is The adopted a new National Police Safety Plan aimed at pushing managed. back the frontiers of violent crime and ensuring the safety of the public and police officers, the Deputy Minister of the SAPS, Ms Maggie Sotyu, told the The Free State’s permanent delegate permanent delegates to the National Council of Provinces (NCOP) recently to the NCOP, Mr George Michalakis of during a debate in the NCOP on the killing of police officers inS outh Africa. the Democratic Alliance, said in 2011 the then minister of police, Mr Nathi Mava Lukani reports. Mthethwa, announced a 10-point plan in Parliament aimed at combating According to Ms Sotyu, the new strategy She told the NCOP delegates that the killing of police officers. He said is based on four pillars that include in order to curb police killings, the a large part of the plan was about proactive and reactive interventions to support of Members of Parliament monitoring and reporting the deaths of reduce the attacks and swiftly arrest the (MPs) is urgently needed to help police officers rather than ensuring the police killers. There are also measures align all their operational instruments safety of the police officers, which Mr in place to monitor and evaluate the by reviewing and amending all Michalakis said should be at the centre impact of the National Police Safety the relevant national policies and of any strategy about combating the Plan and to determine whether legislation accordingly. She said killing of police officers. the strategy is effective in reducing the National Development Plan, unnatural deaths of police officers. the National Employee Health and Mr Michalakis told Ms Sotyu that Wellness and the Farlam Commission’s one of the points that Mr Mthethwa “In addition, appropriate security recommendations call for the mentioned was the improvement of measures will be put in place at all revamp of the policing protocols for a the training of police officers. “Not police stations in order to effectively professionalised SAPS. enough has been done to achieve control and secure the environment this and as a result the number of in which the police officers work, thus Ms Sotyu told the NCOP delegates police officers who have lost their lives limiting risk of injury or death to our that so far this year “we have lost since the announcement of the plan police officers as well as members of more than 60 police officers. These are four years ago has not declined,” Mr the public,” said Ms Sotyu. human beings we are talking about, Michalakis said. who have a unique mandate to protect Furthermore, Ms Sotyu assured the whole country,” Ms Sotyu said. Mr Michalakis said the Institute for the permanent delegates that the Security Studies has indicated that established multi-disciplinary Police Some delegates to the NCOP plans for promoting police safety are Safety Committee will meet frequently attributed the killing of police officers not being implemented by the SAPS. to ensure an integrated plan for police to the appointment of a civilian He said that there is a shortage of safety is implemented. to the position of National Police bulletproof vests, and poor managerial Commissioner (NPC). supervision and accountability at police Ms Sotyu highlighted what she called stations which make police officers an “unbalanced reaction” by members Mr Lennox Gaehler of the Eastern vulnerable to criminals. of the public when a civilian is killed Cape delegation and a United by a police officer – and when a police Democratic Movement member Members of the NCOP also mentioned officer is killed. “There is a deafening said the position of the NPC should poor intelligence-gathering as a silence when a police officer is killed, be filled by someone with police problem contributing to the deaths but when a police officer kills a civilian, experience. Furthermore, Mr Gaehler of police officers. Members of the there is a drowning noise accompanied believes the appointment of an NPC NCOP told Ms Sotyu to ensure that by a host of unfounded criticism and should be done by a special majority strategies are put in place, including sinister recommendations against the in Parliament, as happens when the 10-point plan, and that they government and police management,” appointing the Inspector-General of are then strategically and properly said Ms Sotyu. Intelligence. implemented.

34 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA general news deaths of police officers OBITUARY

tribute Kennethto Mubu 15 June 1953 – 31 August 2015

fifth Parliament has lost a giant among its Members The of the National Assembly (NA). A skilful debater and an extraordinary representative of the people, Mr Kenneth Mubu passed away on 31 August after a short illness. Mr Mubu was an MP with the Democratic Alliance and was the Shadow Minister of Public Works in the fifth Parliament.

His former colleagues in the NA graduate diploma in management described Mr Mubu as a patriot and a from the Public Relations Institute selfless representative of the people. of Southern Africa. He was always prepared to go the extra mile in ensuring that the quality In 1990 he moved to Geneva, of work in Parliament was the best it Switzerland. While there he worked could be for the benefit of all South as the editor of the Ecumenical Africans. Press Service, a news agency of the World Council of Churches, compiling During a session for NA MPs in the and distributing news to agencies, National Assembly, MPs delivered publications and electronic media motions of condolence after Mr around the world. Mubu’s death. One after the other, and was sworn in as an NA MP after NA MPs from different political Mr Mubu played a crucial role in the 2009 general elections. As an NA parties said Mr Mubu brought a rich voter education in the first democratic MP of the fourth Parliament, Mr Mubu experience to the fourth and fifth elections in South Africa in 1994, served on the International Relations Parliaments. His experience enriched visiting communities to tell them and Labour Portfolio Committees. His his contribution to the debates that about their voting rights. constituency was Hammanskraal. took place at both parliamentary Committee and House levels. In 1995, Mr Mubu was appointed After the 2014 general elections, International Relations Officer at the Mr Mubu became an NA MP in the Mr Mubu was born in Lusaka, Zambia, University of Fort Hare where he fifth Parliament. He served on the on 15 June 1953. He was a scholar managed all partnership and student International Relations, Labour and who held several degrees, post- exchange programmes between the Public Works Portfolio Committees graduate qualifications, diplomas and University and other institutions. where he left an indelible mark. certificates, which all bear testimony During this time, he achieved a to his fine intellect. He was a number of significant engagements, Preceding his role as Shadow graduate of the University of Zambia one of them being the Southern Minister of Public Works in the fifth with a Bachelor of Arts degree in Sudan Capacity and Institution Parliament, he served as Shadow education, majoring in English and Building initiative, a project designed Minister of International Relations in geography. He also held a Master to train South Sudanese public officers the fourth Parliament. His fellow MPs of Arts degree in journalism/public in various civil service skills. said he always made his presence relations from Ball State University felt with dignity in the NA and set an in the United States, and a post- Mr Mubu joined Parliament in 2009 example for many to follow.

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA 35 PARLIAMENT CELEBRATED HERITAGE DAY

ISSN 2227-1325